ATTACHMENTS TO THE STAFF REPORTS ARE AVAILABLE FOR VIEWING AT THE PASADENA PUBLIC LIBRARIES AND CITY CLERK'S OFFICE.
AGENDA CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MAY 21, 2001
Closed Sessions, 5:30 P.M. Public Meeting 6:30 P.M. Public Hearings begin at 8:00 P.M. Council Chamber, Pasadena City Hall 100 N. Garfield Avenue, Room 247 5:30 P.M. CLOSED SESSIONS (To be heard at 5:30 p.m., and/or at the conclusion of the meeting)
A. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Karyn Ezell Employee Organization: Pasadena Police Sergeants Association
B. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION pursuant to Government Code Section 54956.9(a) Name of Case: Rosen Electric Equipment Company Site - Imminent and Substantial Endangerment Order and Consent Order, DTSC Docket Number: #I&/SE95/96-003
C. CITY COUNCIL CONFERENCE REGARDING PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code 54957 Title: City Manager
6:30 P.M. PUBLIC MEETING
1. ROLL CALL, PLEDGE OF ALLEGIANCE AND CEREMONIAL MATTERS
2. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - Public comment will be limited to a total of 20 minutes at the beginning of the meeting and will continue under Item 12 (below) "Public Comment (continued)". Please limit comments to 3 minutes each.
A. MS. LENORE LEE, REGARDING PUBLICATION AND AVAILABILITY OF "SURVIVAL GUIDE" 2001 PUBLICATION FOR TEENS 89k
3. OLD BUSINESS: None 4. CONSENT CALENDAR (The Consent Calendar consists of routine items which will be approved by one motion and one vote unless removed for separate discussion)
A. City Manager
(1) PURCHASE OF CITY PROPERTY INSURANCE FOR THE PERIOD MAY 2001 - MAY 2002 Recommendation of City Manager: Authorize the City Manager to purchase Property Insurance under a joint purchase program established by the City's Broker of Record, Robert F. Driver Company, Inc., at an annual premium not to exceed $641,721 for the term May 15, 2001 to May 15, 2002. Competitive bidding is not required pursuant to City Charter Section 1002(F), Contracts for Professional or Unique Services. Per City Council Resolution No. 4373, the purchase of insurance is exempt from the Affirmative Action in Contracting Ordinance. 504k
(2) AGREEMENTS FOR SEWER SERVICE FOR PROPERTIES AT 525 PALMERSTONE DRIVE, 555 PALMERSTONE DRIVE, 575 PALMERSTONE DRIVE, AND 3777 BRAMLEY WAY, CITY OF LA CANADA FLINTRIDGE Recommendation of City Manager: Adopt a resolution authorizing the City Manager to enter into agreements among County Sanitation District No. 16 of Los Angeles County, the City of Pasadena, and Bruce S. Feng and Martha L. Feng, Elias N. Bird, Trustee of the Elias N. Bird Family Trust dated November 18, 1992, S. K. Durairaj and Janakammal Durairaj, and Azhil Durairaj governing the conveyance, treatment, and disposal of wastewater from existing single-family homes at 525 Palmerstone Drive, 555 Palmerstone Drive, and 575 Palmerstone Drive, and a proposed single-family home at 3777 Bramley Way, respectively, all in the City of La Canada Flintridge, and agreeing to the recordation thereof. 459k
(3) GRANT AGREEMENT FOR THE STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY Recommendation of City Manager: (a) Adopt a resolution in support of a grant agreement (Project No. PT 0106) with the State of California, Office of Traffic Safety. (b) Recognize and appropriate funds from the State of California, Office of Traffic Safety, in the amount of $55,000, into the Police Department, Traffic Section, FY 2001 Operating Budget Account No. 8101 101 402200. 299k
(4) AUTHORIZATION TO EXTEND SERVICE CONTRACTS WITH LAIDLAW TRANSIT SERVICES FOR PROVISION OF FIXED ROUTE (ARTS) AND DIAL-A-RIDE SERVICES IN THE CITY OF PASADENA Recommendation of City Manager: Authorize the City Manager to extend the ARTS Contract No. 15,375-7 (not to exceed $460,000), and the Dial-A-Ride Contract No. 15,986-2 (not to exceed $280,000), with Laidlaw Transit Services. The contract service extension will be in place until a new service contract can take effect following City Council approval of the Public Works & Transportation Department's operating budget. 193k (5) ADOPT RESOLUTION TO AUTHORIZE THE APPLICATION FOR A RANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES UNDER THE LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 (AB 303) Recommendation of City Manager: (a) Adopt a resolution to authorize Pasadena Water and Power (PWP) to apply for a $250,000 groundwater grant from the State of California Department of Water Resources (DWR) to implement a Basinwide Groundwater Monitoring Program; and (b) Designate PWP's General Manager as the authorized representative for the City and authorize her signature on the contract documents. 359k
(6) AUTHORIZATION TO AMEND CONTRACT NO. 14,059 WITH CALGON CARBON CORPORATION FOR THE OPERATION AND MAINTENANCE OF THE DEVIL'S GATE GROUNDWATER TREATMENT PLANT Recommendation of City Manager: (a) Authorize the General Manager of Pasadena Water and Power to amend Contract No. 14,059 with Calgon Carbon Corporation (Calgon) for the operation and maintenance of the Devil's Gate Groundwater Treatment Plan for a period of four years or until $890,000 is expended, whichever occurs first; (b) Authorize the General Manager to extend the contract for two optional four-year extensions each not to exceed $1.2 million for each four-year term without further City Council approval; and (c) Grant the proposed amendment an exemption from the competitive selection process of the Affirmative Action in Contracting Ordinance, pursuant to Section 4.03.060(C)(1), contracts for which the City's best interests are served. 361k
B. City Council
(1) APPROVAL OF EMPLOYMENT CONTRACT WITH JANE RODRIGUEZ, CITY CLERK, AND APPROVAL OF AMENDMENT TO EMPLOYMENT CONTRACT WITH MICHELE BEAL BAGNERIS, CITY ATTORNEY/PROSECUTOR Recommendation of City Council Ad-Hoc Committee: (a) Approve an Employment Contract with the City Clerk setting forth the compensation and terms of employment for the City Clerk; and (b) Approve an Amendment to Employment Contract No. 17,080 with the City Attorney/City Prosecutor to provide for additional duties as the City Prosecutor and for a salary adjustment based upon those additional responsibilities; and (c) Authorize the Director of Finance to prepare a journal voucher allocating funds from the Personnel Services Reserve to the affected General Fund budgets and from the respective unappropriated fund balance to the various non-General Fund budgets. 322k C. City Clerk
(1) Approval of Minutes - March 26, 2001
(2) Receive and file claims against the City of Pasadena
Claim No. 8786 Carol D. Kellog $6,000.00+ Claim No. 8787 Earline Todd 245.00
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
A. Business Enterprise Committee
(1) AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH PASADENA COMMUNITY ACCESS CORPORATION (PCAC) FOR MANAGEMENT OF 55 KPAS PRODUCTION AND PROGRAMMING Recommendation of City Manager: (a) Authorize the City Manager to enter into a contract with PCAC, without competitive bidding pursuant to City Charter Section 1002(F), in an amount not to exceed $237,000 per year for management of 55 KPAS production and programming for a term ending June 30, 2002, renewable for an additional one-year period at the option of the City Manager. (b) Grant the proposed contract an exemption from the competitive selection process of the Affirmative Action in Contracting Ordinance pursuant to Pasadena Municipal Code Section 4.09.060. 232k
B. Deregulation Committee
(1) BACKUP GENERATORS/VOLUNTARY LOAD CURTAILMENT FOR MITIGATION OF POTENTIAL ROLLING BLACKOUTS Recommendation of City Manager: (1) Authorize the General Manager of Pasadena Water and Power (PWP) to take the following actions for mitigation of potential rolling blackouts: (A) Amend the Fiscal Year 2001 Capital Improvement Program to create a new capital project entitled "Water Supply Backup Generators" and approve a journal voucher appropriating $330,000 from the Water Fund; (B) Contract with commercial and industrial customers to purchase electric power from customer owned and operated backup generators (Backup Generator Program); (C) Contract with customers to provide voluntary load curtailment to help avoid rolling blackouts (Volutary Load Curtailment Program); and (D) Contract with Planergy Services Inc. (Planergy) to assist PWP with the implementation and administration of PWP's Voluntary Load Curtailment Program. (2) Authorize the recovery of costs associated with these emergency energy procurement programs [1(B), 1(C), and 1(D)] as purchased power expenses through the Energy Cost Adjustment Charge (ECAC) or Energy Charge. (3) That the above contracts be exempt from the Competitive Selection process of the Affirmative Action in Contracting Ordinance, pursuant to Pasadena Muncipal Code Section 4.09.060(C), contracts for which the City's best interests are served. (4) Direct the City Attorney to prepare an amendment to the Light and Power Rate Ordinance, Chapter 13.04.170 of the Pasadena Municipal Code to change the formula for the Energy Charge to include costs associated with City Council approved blackout mitigation and conservation programs in the calculation to the Energy Charge Rate. 723k
(2) INCREASE MAXIMUM AUTHORIZED LEVEL OF PARTICIPATION AND EXPENDITURES FOR THE MAGNOLIA POWER PROJECT PLANNING AGREEMENT (NO. 17,558) WITH THE SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND OTHER CITIES Recommendation of City Manager: (a) Authorize the General Manager of Pasadena Water and Power (PWP) to increase PWP's participation in the Magnolia Power Project Planning Agreement, No. 17,558 (Agreement) with the Southern California Public Power Authority (SCPPA) and other participating cities, to a maximum level of 10.35%, or 25MW; (b) Authorize expenditures of up to $497,421 for planning related costs, and up to $1,405,323 for pre-construction costs for the Magnolia Project; and (c) Appropriate an additional $1,502,744 from unappropriated Light and Power Fund to CIP Account No. 3156 to fund the additional level of expenses associated with the Agreement. This will bring total authorized expenditures to $1,902,744. 423k
C. Finance Committee (1) CONTINUED PUBLIC HEARING: AMENDMENTS TO THE GENERAL FEE SCHEDULE (COST OF SERVICE STUDY ANNUAL ADJUSTMENTS) (See Public Hearing Item 6.C., 8:00 p.m.)
(2) PUBLIC HEARING: SCHEDULE OF TAXES, FEES AND CHARGES (See Public Hearing Item 6.D., 8:00 p.m.)
(3) APPROVAL OF AN AMENDMENT TO THE FY 2001 CAPITAL IMPROVEMENT PROGRAM BUDGET TO CREATE TWO NEW PROJECTS AND APPROPRIATE $1.5 MILLION FROM THE 10% ARROYO GREEN FEE FUND TO FIVE PROJECTS IN BROOKSIDE PARK AND APPROPRIATE $800,000 OF 1992 CERTIFICATES OF PARTICIPATION PROCEEDS TO THE BROOKSIDE CLUBHOUSE RENOVATION PROJECT Recommendation of City Manager: (a) Amend the FY 2001 Capital Improvement Program Budget to include two new projects, Brookside Park - ADA Compliance Phase V and Brookside Park Replacement of Walkways; and (b) Approve a journal voucher appropriating a total of $1.5 million from the 10% Arroyo Green Fee Fund to the following five projects in Brookside Park: Brookside Park - Jackie Robinson Ball Field Area Improvements (Account 77562 - $25,000) Brookside Park - Restrooms Renovation and Replacement (Account 77566) - $447,000 Brookside Park - Park Play Equipment Safety Replacement (Account 77365) - $500,000 Brookside Park - ADA Compliance Phase V (new) - $428,000 Brookside Park - Replacement of Walkways (new) - $100,000 (c) Approve a journal voucher appropriating $800,000 of unspent 1992 Certificates of Participation proceeds to the Brookside Clubhouse Renovation project (Account 88022) 431k
(4) FISCAL YEAR 2001 ADMINISTRATIVE BUDGET AMENDMENTS Recommendation of City Manager: Approve a journal voucher implementing certain administrative amendments to the Fiscal Year 2001 Operating Budget as described in Attachment A of the Agenda Report. 299k D. Legislative Policy Committee
(1) SUPPORT FOR ASSEMBLY BILL 1421 (THOMPSON AND PERATA) MENTAL HEALTH: INVOLUNTARY TREATMENT Recommendatin of City Manager: (a) Support Assembly Bill 1421 (Thompson, Perata) an act to add and repeal Article 9 (commencing with Section 5345) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor; (b) Authorize the Mayor to send letters to the appropriate authorities stating Pasadena's position. 304k
(2) OPPOSE ASSEMBLY BILL 618 (CALDERON) HOUSING: CITY OF INDUSTRY Recommendation of City Manager: (a) Oppose Assembly Bill 618 (Calderon) Housing: City of Industry; and (b) Support the Mayor's transmittal of letters to the appropriate authorities stating Pasadena's opposition to Assembly Bill 618. 424k
(3) SUPPORT FOR THE LEAGUE OF CALIFORNIA CITIES GRASSROOTS NETWORK Recommendatin of City Manager: Authorize the City's designated League voting delegate to cast the City's ballot in support of the Grassroots Coordinator Network. 314k
E. Public Safety Committee
F. Reports from Representatives
6. PUBLIC HEARINGS -
A. CONTINUED PUBLIC HEARING: FY 2002 RECOMMENDED OPERATING BUDGET Recommendation of City Manager: Hear public comment and continue the public hearing to each subsequent regular meeting of the City Council at 8:00 p.m. until June 11, 2001 or such other later date as the City Council may determine, and at which time the City Council will be asked to close the public hearing and formally adopt the Operating Budget.
B. CONTINUED PUBLIC HEARING: RECOMMENDED FY 2002 TO 2006 CAPITAL IMPROVEMENT PROGRAM BUDGET Recommendation of City Manager: Hear public comment and continue the public hearing to each subsequent regular meeting of the Council at 8:00 p.m. until June 18, 2001 or such other later date as the Council may determine, and at which time, the City Council will be asked to close the public hearing and formally adopt the FY 2002-2006 Capital Improvement Program Budget.
C. CONTINUED PUBLIC HEARING: AMENDMENTS TO THE GENERAL FEE SCHEDULE (COST OF SERVICE STUDY ANNUAL ADJUSTMENTS) Recommendation of City Manager: Approve a resolution adopting the FY 2001-2002 General Fee Schedule, which contains amended fees using data gathered during the annual review of Cost of Service. Those fees pertaining to Planning and Permitting development projects shall take effect 60 days from the date of adoption, and all other fees shall take effect on July 1, 2001. 258k
D. PUBLIC HEARING: SCHEDULE OF TAXES, FEES AND CHARGES Recommendation of City Manager: Reject scheduled rate increases in the Construction Tax, all Utility Users' Tax rates, Underground Surtax, Street Light and Traffic Signal Tax, and Transient Occupancy Tax and allow all other scheduled rate increases (on the attachment to the agenda report) to take effect. 189k
E. JOINT PUBLIC HEARING: APPROVAL OF ANNUAL ACTION PLAN (2001-2002) FOR THE CITY'S PARTICIPATION IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), SECTION 108 LOAN RESERVE FUND, EMERGENCY SHELTER GRANT (ESG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS; AND RELATED HUMAN SERVICES ENDOWMENT FUND (HSEF) ALLOCATIONS Recommendation of City Manager/Chief Executive Officer: It is recommended that upon the close of the public hearing, the City Council and Community Development Commission adopt a resolution: (1) Approving the Annual Action Plan (2001-2002) which includes the following funding allocations: CDBG $2,609,439; Section 108 Loan Reserve fund $42,000; HOME $1,281,000; ESG $88,000; and the related annual Human Services Endowment Fund $120,000; (2) Authorizing the City Manager/Chief Executive Officer to execute, and the City Clerk to attest, the Annual Action Plan (2001-2002) and any and all other documents deemed necessary by HUD to obtain the allocation of the aforementioned federal CDBG, ESG, and HOME funds in accordance with the plan; and (3) Authorizing, upon approval by HUD of the City of Pasadena's application, the City Manager/Chief Executive Officer on behalf of the City of Pasadena and the Community Development Commission to execute, and the City Clerk to attest, the recipient, sub-recipient, owner participation agreements and/or amendments thereto, in a form acceptable to the City Attorney, for all the recipients and/or sub-recipients recommended for a funding allocation as contained in the agenda report. 405k
F. JOINT PUBLIC HEARING: APPROVAL AND SUBMITTAL OF THE PUBLIC HOUSING AGENCY ANNUAL PLAN (2001-2002) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Recommendation of City Manager/Chief Executive Officer: (1) Hold a public hearing to consider the Public Housing Agency Annual Plan (2001-2002) (the "PHA Plan"); and (2) Adopt a resolution approving the PHA Plan and authorizing the Chief Executive Officer to execute, and the City Clerk to attest any and all documents pertaining to its submission to the U.S. Department of Housing and Urban Development. 367k
7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Council
(1) REAPPOINTMENT OF PASADENA REPRESENTATIVES ON THE BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY
(2) CONSIDERATION OF COUNCIL STANDING COMMITTEE STRUCTURE (Mayor Bogaard) (To be heard at 7:30 p.m. or thereafter) 305k
B. City Manager
(1) TRANSPORTATION WORKSHOP (To be heard at 8:30 p.m. or thereafter) 127k
(a) REPORT ON THE 1994 MOBILITY ELEMENT IMPLEMENTATION PLAN
(b) ROLES OF THE DESIGN ADVISORY GROUP AND TRANSPORTATION ADVISORY COMMISSION
(c) CONSIDERATION OF EXPANDING AREA RAPID TRANSIT SYSTEM (ARTS SERVICES)
C. Advisory Bodies
8. COMMUNITY DEVELOPMENT COMMISSION MEETING
A. Approval of Minutes - March 26, 2001
B. JOINT PUBLIC HEARING: APPROVAL OF ANNUAL ACTION PLAN (2001-2002) FOR THE CITY'S PARTICIPATION IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), SECTION 108 LOAN RESERVE FUND, EMERGENCY SHELTER GRANT (ESG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS; AND RELATED HUMAN SERVICES ENDOWMENT FUND (HSEF) ALLOCATIONS (See Item 6.E., 8:00 P.M.)
C. JOINT PUBLIC HEARING: APPROVAL AND SUBMITTAL OF THE PUBLIC HOUSING AGENCY ANNUAL PLAN (2001-2002) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (See Item 6.F., 8:00 P.M.)
D. SUBMISSION OF 2001 CONTINUUM OF CARE HOMELESS ASSISTANCE APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Recommendation of Community Development Commission: (1) Authorize the filing with the U.S. Department of Housing and Urban Development (HUD), the 2001 Continuum of Care Homeless Assistance Application for funding request of $1,678,715 for six projects; and (2) Authorize the Chief Executive Officer to execute, and the Secretary to attest, the 2001 Continuum of Care Homeless Assistance Application and all other subsequent documents. 519k
9. ORDINANCES
A. First Reading: None
B. Second Reading:
(1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 TO REQUIRE A MINOR CONDITIONAL USE PERMIT FOR SMALL COLLECTION FACILITIES (RECYCLING CENTERS) AND TO ALLOW FOR A REVIEW HEARING OF EXISTING SMALL COLLECTION FACILITIES" (Introduced by Councilmember Holden) 220k
(2) Adopt "AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA REPEALING ELEVEN NON-EXCLUSIVE FRANCHISES FOR SOLID WASTE COLLECTION"(Introduced by Councilmember Streator) 218k
(3) Adopt "AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA ADDING A TEMPORARY ENERGY CONSERVATION INCENTIVE MECHANISM TO THE LIGHT AND POWER RATE ORDINANCE (CHAPTER 13.04 OF THE PASADENA MUNICIPAL CODE)" (Introduced by Councilmember Tyler) 178k
10. INFORMATION ITEMS:
A. LEGISLATIVE VOTING RECORD ON POWER ISSUES 1368k
11. COMMUNICATIONS: None
12. PUBLIC COMMENT (Continued)
13. CLOSED SESSION (Continued, if necessary)
14. ADJOURNMENT
SCHEDULE
COUNCIL STANDING COMMITTEES
BUSINESS ENTERPRISE COMMITTEE
Meets
the first and third Wednesday of each month at 7:00 p.m. in Council
Conference Room 240
June 6, 2001
June 20, 2001
July 4, 2001 (To be canceled)
DEREGULATION COMMITTEE
Meets
the first and third Wednesday of each month at 5:00 p.m. in Council
Conference Room 240
June 6, 2001
June 20, 2001
July 4, 2001 (To be canceled)
FINANCE COMMITTEE
Meets
the second and fourth Monday of each month at 4:00 p.m. in Finance
Department Conference Room 345
May 21, 2001 (Special Joint Meeting w/City Council, 2:00 p.m., Council Chamber)
May 28, 2001 (To be canceled)
June 11, 2001
July 23, 2001
LEGISLATIVE COMMITTEE
Meets
the third Tuesday of each month at 4:00 p.m. in the Council Conference
Room 240
June 19, 2001
July 17, 2001
PUBLIC SAFETY COMMITTEE
Meets
the first and third Monday of each month at 4:15 p.m. in the Management
Conference Room 323
May 21, 2001 (To be canceled)
June 4, 2001
June 18, 2001
July 2, 2001 (Canceled)
FUTURE COUNCIL MEETING DATES
May 28, 2001 (To be canceled)
June 4, 2001
June 11, 2001
June 18, 2001
June 25, 2001
July 2, 2001 (To be canceled)
July 9, 2001
July 16, 2001
July 23, 2001
July 30, 2001
FUTURE PUBLIC HEARINGS:
June 4, 2001, 8:00 p.m. - Continued Public Hearing: FY 2002 Operating Budget
June 4,
2001, 8:00 p.m. - Continued Public Hearing: FY
2002-2006 Capital
Improvement Budget
June 4, 2001, 8:00 p.m. - Code Amendments on Billboards
June 11, 2001, 8:00 p.m. - Continued Public Hearing: FY 2002 Operating Budget
June 11,
2001, 8:00 p.m. - Continued Public Hearing: FY
2002-2006 Capital
Improvement Budget
June 18,
2001, 7:00 p.m. - Continued Public Hearing: Call for
Review of Variance
No. 11319, the Raymond Theater at 121-129 North Raymond Avenue
June 18,
2001, 8:00 p.m. - Continued Public Hearing: FY
2002-2006 Capital
Improvement Budget
ITEM OF SPECIAL INTEREST:
June 18, 2001, 8:00 p.m.
- First reading of ordinance restricting the display of
animals for entertainment or amusement purposes