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AGENDA
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
August 11, 2003
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 NEGOTIATORS pursuant to Government Code Section 54957.6 Agency Representatives: Karyn Ezell, Steve Lem Employee Organization: Unrepresented Employees: Unrepresented Police Lieutenants and Commanders
B. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION - CONSIDERATION OF INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c): One potential case
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.
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) CONTRACT AWARD TO DOUG MARTIN CONTRACTING COMPANY, INC. FOR THE SLURRY SEAL OF STREETS - 2003 FOR AN AMOUNT NOT TO EXCEED $316,000.00 Recommendation of City Manager: (1) Accept the bid dated July 23, 2003, submitted by Doug Martin Contracting Company, Inc. in response to the Specifications for the Slurry Seal of Streets - 2003, reject all other bids received, and authorize the City Manager to enter into such contract as is required. (2) Acknowledge the project to be categorically exempt under Section 21084 of the California Environmental Quality Act (CEQA) in accordance with Article 19, Section 15301 (Class 1), subsection (c) of the Resources Agency of California Guidelines (repair of existing public streets) pursuant to the findings of the Secretary of the Resources Agency and authorize the City Manager to execute and the City Clerk to file a Notice of Exemption for the project with the Los Angeles County Clerk. (3) Approve a journal voucher recognizing private capital in the amount of $26,680 and appropriating it to Budget Account No. 73710, Prevention Maintenance - Asphalt Streets. 311k
(2) AMENDMENT TO CONTRACT NO. 18,236 WITH KALBAN, INC. FOR THE SIERRA MADRE VILLA AVENUE SIDEWALK CONSTRUCTION AND STREET LIGHT INSTALLATION - FOOTHILL BOULEVARD TO 210 FREEWAY OFF-RAMP Recommendation of City Manager: (1) Authorize the City Manager to execute an amendment to Contract No. 18,236 with Kalban, Inc. for the Sierra Madre Villa Avenue Sidewalk Construction and Street Light Installation - Foothill Boulevard to 210 Freeway Off-Ramp to increase the total contract not to exceed amount from $74,900 to $163,000. (2) Acknowledge the project to be categorically exempt under Section 21084 of the California Environmental Quality Act (CEQA) in accordance with Article 19, Section 15301 (Class 1), subsection (c) of the Resources Agency of California Guidelines (minor alterations involving negligible expansion of use beyond that previously existing) pursuant to the findings of the Secretary of the Resources Agency and authorize the City Manager to execute and the City Clerk to file a Notice of Exemption for the project with the Los Angeles County Clerk. 311k
B. City Clerk
(1) Approval of Minutes - May 5, 2003 May 12, 2003
(2) Receive and file claims against the City of Pasadena
Claim No. 9346 Ivan L. Norwood $ 1,000.00 Claim No. 9347 Paul M. Murphy Unknown Claim No. 9348 LaRonda Little Unknown Claim No. 9349 Carlos Mu¤oz 4,021.64 Claim No. 9350 Jose L. Salazar Unknown Claim No. 9351 Ken Graff 3,002.85 Claim No. 9352 Robert G. Holcomb Unknown
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
A. Economic Development and Technology Committee
(1) APPROVAL OF THE 2002-2003 ANNUAL FINANCIAL REPORT OF THE OLD PASADENA MANAGEMENT DISTRICT Recommendation of City Manager: Approve the Annual Financial Report (Attachment A of the agenda report) of the Old Pasadena Management District ("OPMD") for the Old Pasadena Property and Business Improvement District. 280k
(2) MODIFICATIONS TO PASADENA ENTERPRISE ZONE BOUNDARIES Recommendation of City Manager: Authorize staff to incorporate the State's approved boundary description into the Pasadena Enterprise Zone. 231k
(3) JOINT ACTION: PROPOSED MERGER OF NORTHWEST REDEVELOPMENT PROJECT AREAS Recommendation of Chief Executive Officer/City Manager: It is recommended that the Pasadena Community Development Commission and the City Council direct staff to commence with the amendment/merger process to combine the five existing redevelopment project areas in Northwest Pasadena in accordance with the provisions and requirements of California Redevelopment Law - Health and Safety Code Section 33000 et seq. It is further recommended that formation of a new 17-member Merged Area Advisory Body be commenced with as described in Exhibit 1 of the agenda report. Recommendation of Community Development Committee: On June 12, 2003, the Community Development Committee recommended approval of a 17-member Merged Area Advisory Body which would be subject to evaluation in the future to determine if the number of representatives from each redevelopment area benefits the merged redevelopment area. It also recommended approval of staff's recommendation for the allocation concept for the use of pooled funds with some minor changes (Exhibit 1 of agenda report). Recommendation of Northwest Commission: On April 2, 2003, the Northwest Commission confirmed its previous recommendation to approve the merger of the five redevelopment areas, staff's recommendation for the allocation of the funds and the formation of a Merged Area Advisory Body which would consist of 17 members from the five redevelopment areas (Exhibit 1 of the agenda report). Recommendation of Fair Oaks Project Area Committee: On April 2, 2003, the Fair Oaks PAC confirmed its previous recommendation to oppose the merger, but if approved by the City Council, recommended a Merged Area Advisory Body of 53 members which would keep the existing Project Area Committees together and allow for the inclusion of representation from the other redevelopment areas. It was also recommended to approve staff's recommendation for the allocation of funds (Exhibit 1 of the agenda report). Recommendation of Lincoln Avenue Project Area Committee: On April 2, 2003, the Lincoln Avenue PAC recommended against the proposed merger, but if approved by the City Council, there was a unanimous vote to recommend a proposed resolution regarding the merger, the formation of a Merged Area Advisory Body and the allocation of funds in Exhibit 2 of the agenda report. 453k
B. Finance Committee
(1) MODIFICATIONS TO SCOPE, AMENDMENT OF CONTRACTS, AND APPROPRIATION OF FUNDS FOR THE CITY HALL SEISMIC RETROFIT PROJECT Recommendation of City Manager: It is recommended that the City Council: (1) Receive and file the City Hall Seismic Retrofit Project status report. (2) Approve revisions to project scope and corresponding reductions in costs by $5,268,000 in order to substantially reduce the imbalance between the City Hall Seismic Retrofit project cost estimate and the budget approved by City Council on April 22, 2002. (3) Approve an increase to the City Hall Seismic Retrofit project budget by $4,478,000. Of this amount, $2,678,000 is from unanticipated revenue that will be paid to the General Fund and Parking Meter Fund from this project which has not been included in any City financial projections; $1,000,000 is from the Building Maintenance Fund due to the reduced cost of insurance, housekeeping and maintenance at City Hall during the three-year duration that City employees will have vacated the building; and $800,000 from Information Technology Services Division (ITSD) Fund balance to cover ITSD-related relocation expenditures. (4) Authorize an amendment in the amount of $206,895 to Contract No. 16,899-1 with Architectural Resources Group ("ARG") for interior space planning services related to the seismic retrofit of City Hall, thereby increasing the amount of Contract No. 16,899-1 from $6,100,000 to $6,306,895 (Attachment 1 of the agenda report). (5) Authorize an amendment in the amount of $416,254 to Contract No. 16,976-1 with Daniel, Mann, Johnson, Mendenhall, Holmes and Narver ("DMJMH&N") for staff relocation services and reimbursable expenses related to the seismic retrofit of City Hall, thereby increasing the amount of Contract No. 16,976-1 from $2,950,000 to $3,366,254 (Attachment 2 of the agenda report). (6) Authorize an amendment in the amount of $63,918 to Contract No. 18,084 with EIP Associates for additional work related to the preparation of an Environmental Impact Report relative to the seismic retrofit of City Hall, thereby increasing the amount of Contract No. 18,084 from $181,805 to $245,723 (Attachment 3 of the agenda report). (7) Authorize an increase to Purchase Order Contract No. 18366 with Sindik Olson Associates ("SOA") in the amount of $34,872 for space programming services rendered related to the seismic retrofit of City Hall, thereby increasing the amount of Purchase Order Contract No. 18366 from $74,900 to $109,822 (Attachment 4 of the agenda report). (8) To the extent any of the proposed amendments represent work that may be considered separate and should be bid separately, it is recommended that the City Council grant the proposed amendments an exemption from the competitive selection process of the Competitive Bidding and Purchasing Ordinance, pursuant to Pasadena Municipal Code Section 4.08.049(B), contracts for which the City's best interests are served. Competitive bidding is not required for any of these services pursuant to City Charter Section 1002(F), contracts for professional or unique services. Recommendation of the City Hall Restoration Oversight Committee: (1) Staff Recommendation Items 2 and 3: On July 9, 2003, a motion was approved by the Committee in support of Staff Recommendation Items 2 and 3, above. (2) Staff Recommendation Items 4 and 5: The Committee has discussed staff's intent to add budgeted scope-of-work to the above contracts and, while no formal action was taken, acknowledges that this is a proper contracting approach for the project. (3) Staff Recommendation Items 6 and 7: The Committee has been apprised of the status of these contracts and that such contract increases have been accounted for in the current project cost estimate. The Oversight Committee has not specifically reviewed these contracts. 1145k
(2) AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE METROPOLITAN TRANSPORTATION AUTHORITY (MTA) TO ACT AS THE PASS-THROUGH AGENCY FOR FEDERAL TRANSPORTATION ADMINISTRATION FUNDS Recommendation of City Manager: (1) Authorize the execution of an agreement with the Metropolitan Transportation Authority (MTA) to act as the pass-through agency for Federal Transportation Administration (FTA) funds on the City's behalf; (2) Authorize payment to the MTA for services under the agreement in an amount equal to five percent of the FTA award/earmark, not to exceed $19,800; and (3) Recognize $19,800 from the unencumbered Proposition C Fund 209 balance to Contract Services line item 8114-209-775412. 203k
(3) AUTHORIZATION TO ENTER INTO A CONTRACT WITH CHERRY ROAD TECHNOLOGIES FOR IMPLEMENTATION OF THE PEOPLESOFT BUDGET SYSTEM AND AMENDMENT TO THE FISCAL YEAR 2004 OPERATING BUDGET Recommendation of City Manager: It is recommended that the City Council: (i) authorize a contract, without competitive bidding pursuant to City Charter Section 1002(F), contracts for professional or unique services, with Cherry Road Technologies in an amount not to exceed $249,800 for the implementation of the PeopleSoft budget system; (ii) grant the proposed contract an exemption from the competitive selection process of the Competitive Bidding and Purchasing Ordinance pursuant to Pasadena Municipal Code Section 4.08.049(B), contracts for which the City's best interests are served, and (iii) approve the re- appropriation of $140,802 of unspent fiscal year 2003 Department of Finance funds to Budget Account No. 323300. 249k
C. Legislative Policy Committee
(1) SUPPORT OF SENATE BILL 20 (SHER) - HAZARDOUS ELECTRONIC WASTE: RECOVERY, REUSE AND RECYCLING Recommendation of City Manager: It is recommended that the City Council send a letter supporting Senate Bill 20 to the Assembly Appropriations Committee and Assembly Member Carol Liu by August 14, 2003. This legislation will potentially benefit the City of Pasadena by providing grant funding for hazardous electronic waste (e- waste) collection and will place more responsibility on manufacturers to mitigate the disposal problem when devices become obsolete. 338k
(2) SUPPORT FOR AB 1389 (RIDLEY-THOMAS): PUBLIC UTILITIES COMMISSION: REPORTS; HIRING; CAPITAL INVESTMENT Recommendation of Legislative Policy Committee: It is recommended that the City Council support AB 1389 with the amendment that municipal utilities be excluded from the bill. 820k
D. Municipal Services Committee
E. Public Safety Committee
F. Reports from Representatives
6. PUBLIC HEARINGS - 8:00 P.M.
A. PUBLIC HEARING: ADOPTION OF NEGATIVE DECLARATION AND APPROVAL OF OWNER PARTICIPATION, PURCHASE, DEVELOPMENT, LOAN AND LEASE AGREEMENT BETWEEN LOS ANGELES COMMUNITY DESIGN CENTER AND PASADENA COMMUNITY DEVELOPMENT COMMISSION ("PCDC") FOR THE ORANGE GROVE GARDENS APARTMENTS DEVELOPMENT AT 252-284 E. ORANGE GROVE BOULEVARD Recommendation of Chief Executive Officer: (1) Hold a public hearing to consider the proposed Orange Grove Gardens 38-unit apartment development (the "Development") located at 252-284 E. Orange Grove Boulevard in accordance with the terms and provisions of that certain Owner Participation, Purchase, Development, Loan and Lease Agreement (the "Agreement") between the Los Angeles Community Design Center ("Developer") and PCDC as described in the agenda report; (2) Adopt a resolution: (a) Finding and determining on the basis of the Initial Study prepared for the Development that there is no substantial evidence that the Development will have a significant effect on the environment nor any potential for adverse effect on wildlife resources; (b) Approving the Negative Declaration and directing the Secretary of the PCDC to concurrently file with the Clerk of Los Angeles County a Certificate of Fee Exemption and Notice of Determination. (c) Approving the terms and conditions of the Agreement; (d) Approving a journal voucher appropriating PCDC funds in the amount not to exceed $1,900,000 from the Housing Opportunities Fund and transferring $250,000 from the Villa-Parke Redevelopment Project Account (Account No. 8166-804-682222) for PCDC assistance to the Orange Grove Gardens development (Account No. 810-684120-51329); and (3) Authorize the Chief Executive Officer of the PCDC to execute, and the Secretary to attest, the Agreement and to take all actions necessary to implement the Agreement and complete the Development. Recommendations of Northwest Commission and Fair Oaks Avenue Project Area Committee - A special joint meeting of these two advisory bodies was convened on July 22, 2003. The subject recommendation was unanimously recommended by the Northwest Commission. The Fair Oaks Avenue Project Area Committee ("PAC") could not take action due to lack of a quorum. Consequently the PAC convened a special meeting on July 29, 2003, at which the subject recommendation was unanimously recommended. The PAC also requested that viable housing projects currently awaiting Commission assistance not be jeopardized as a result of the Development moving ahead. Recommendation of Community Development Committee: The subject recommendation was unanimously recommended by the Committee at its meeting on July 24, 2003. 761k
B. PUBLIC HEARING: ESTABLISHMENT OF A HEIGHT LIMIT OVERLAY DISTRICT AND ADOPTION OF THE HEIGHT LIMIT OVERLAY DISTRICT IN ZONING STUDY AREAS 1-C, 2, AND 12 Recommendation of City Manager: It is recommended that the City Council, following a public hearing: (1) Approve the Initial Environmental Study and Negative Declaration (Attachment 1 of the agenda report); (2) Approve the De Minimis Impact Finding on the State Fish and Wildlife Habitat (Attachment 2 of the agenda report); (3) Approve a Zoning Code amendment to establish a Height Limit Overlay District in the Pasadena Municipal Code; (4) Approve application of the Height Limit Overlay District in three RM-32 and PD-8 districts in Zoning Study Areas 1-C, 2, and 12; (5) Find that establishment of the Height Overlay District and its specific provisions and adoption of the Height Limit Overlay District in Zoning Study Areas 1-C, 2, and 12 are consistent with the goals, objectives and policies of the General Plan and the purposes of the Pasadena Municipal Code Title 17 (Zoning), as outlined in the agenda report; (6) Direct the City Attorney to prepare an ordinance amending the Pasadena Municipal Code to establish the Height Limit Overlay District and amending the official zoning map of the City of Pasadena established by Section 17.08.040 of the Pasadena Municipal Code for the Height Limit Overlay District in Zoning Study Areas 1-C, 2, and 12. Recommendation of Planning Commission: On June 23, 2003, the Planning Commission unanimously approved the establishment of a Height Limit Overlay District and its adoption in Zoning Study Areas 1-C, 2, and 12 as shown on the maps (Attachment 3 of the agenda report). The Commission also recommended that staff coordinate the proposed change with other anticipated revisions of the City of Gardens Ordinance, which should be presented to the Commission in the future. 588k
7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Council
(1) REAPPOINTMENT OF DIANA PETERSON MORE TO THE PLANNING COMMISSION (District 3 Nomination)
(2) REAPPOINTMENT OF MILDRED HAWKINS TO THE RECREATION AND PARKS COMMISSION (District 3 Nomination)
B. City Manager
(1) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA CONFIRMING THE AWARD OF ITS ELECTRIC REVENUE BONDS, 2003 SERIES Recommendation of City Manager: Adopt a resolution confirming the award of its Electric Revenue Bonds, 2003 Series. 171k
(2) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM PROPOSED REPROGRAMMING (2003-2004 PY) Recommendation of City Manager: Approve the proposed CDBG Reprogramming in the amount of $200,000 to the following projects: Project Advance, Capital Campaign, MASH, and Pasadena Enterprise Center (Exhibit A of agenda report). Recommendation of Northwest Commission: The CDBG Proposed Reprogramming recommendation as contained in the agenda report was presented to the Northwest Commission on Tuesday, July 8, and again on Tuesday, July 22, 2003. The Commission stated that it would only make recommendations for projects that had sought CDBG funding for the 29th CDBG Program year (2003-2004) and had gone through the proposal review process. Only two of the four projects met this criterion: El Centro de Accion Social Inc., Project Advance and Neighbors Acting Together Helping All (NATHA) - Capital Campaign. Both of these projects received a recommendation as presented. The other two projects, Maintenance Assistance Services to Homeowners (MASH Program) and Pasadena Enterprise Center-PEC (Small Business Incubator Program) did not go through the proposal review process and thus the Commission chose to remain mute on recommendations for these two projects. 509k
(3) ADOPTION OF RESOLUTIONS ELECTING TO CEASE TO BE SUBJECT TO THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT FOR EMPLOYEES REPRESENTED BY THE PASADENA ASSOCIATION OF CLERICAL AND TECHNICAL EMPLOYEES (PACTE), AND FOR EMPLOYEES IN THE UNREPRESENTED EXECUTIVE, TOP, MIDDLE AND PROFESSIONAL MANAGEMENT GROUPS, AND FOR EMPLOYEES IN THE UNREPRESENTED TECHNICAL-ADMINISTRATIVE, CONFIDENTIAL-CLERICAL, HOURLY AND NON-REPRESENTED GROUPS Recommendation of City Manager: Adopt three resolutions to cease to be subject to the Public Employees Medical and Hospital Care Act, ending the City's participation in the medical plans offered by the California Public Employees Retirement System ("PERS medical") effective 12:00 midnight, December 31, 2003, for employees represented by PACTE, and for unrepresented employees in the Executive, Top, Middle and Professional Management, Technical- Administrative, Confidential-Clerical, Hourly and Non-Represented Groups. 224k
8. COMMUNITY DEVELOPMENT COMMISSION MEETING
A. Approval of Minutes - April 28, 2003 May 5, 2003 May 12, 2003
B. JOINT ACTION: PROPOSED MERGER OF NORTHWEST REDEVELOPMENT PROJECT AREAS (See Item 5.A.3.)
C. PUBLIC HEARING: ADOPTION OF NEGATIVE DECLARATION AND APPROVAL OF OWNER PARTICIPATION, PURCHASE, DEVELOPMENT, LOAN AND LEASE AGREEMENT BETWEEN LOS ANGELES COMMUNITY DESIGN CENTER AND PASADENA COMMUNITY DEVELOPMENT COMMISSION FOR THE ORANGE GROVE GARDENS APARTMENTS DEVELOPMENT AT 252-284 E. ORANGE GROVE BOULEVARD (See Item 6.A., 8:00 p.m.)
9. ORDINANCES
A. First Reading:
(1) Conduct first reading of "AN ORDINANCE OF THE CITY OF PASADENA FIXING THE TAX RATE FOR THE POLICE BUILDING AND JAIL GENERAL OBLIGATION BONDS AND ESTABLISHING PROCEDURES FOR THE COLLECTION AND ENFORCEMENT OF SAID TAX" 364k
B. Second Reading:
(1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA SUSPENDING SECTIONS 9.36.220 AND 9.36.230 OF THE PASADENA MUNICIPAL CODE RELATING TO AN EXEMPTION FROM THE NOISE ORDINANCE FOR PERMITTED EVENT AT AREA H AND THE ARROYO SECO FOR SPECIFIED HOURS ON SUNDAY, NOVEMBER 2, 2003 (RACE FOR THE CURE)" (Introduced by Vice Mayor Tyler) 122k
10. INFORMATION ITEMS: None
11. COMMUNICATIONS: None
12. PUBLIC COMMENT (Continued)
13. CLOSED SESSIONS (Continued, if necessary)
14. ADJOURNMENT
SCHEDULED
COUNCIL STANDING COMMITTEES
ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE (Chair Steve Madison)
Meets
the first and third Wednesday of each month at 7:00 p.m. in Council Conference
Room 240
August 20, 2003
September 3, 2003 (To be cancelled)
September 17, 2003
FINANCE COMMITTEE (Chair Paul Little)
Meets
the second and fourth Monday of each month at 4:00 p.m., in Finance Department
Conference Room 345
August 11, 2003
August 25, 2003 (To be cancelled)
September 8, 2003
September 22, 2003
LEGISLATIVE POLICY COMMITTEE (Chair Bill Bogaard)
Meets the first Tuesday of each month at 3:30 p.m., in the Council Conference Room 240
September 2, 2003 (To be cancelled)
September 11, 2003 (Special meeting - 1:00 p.m.)
October 7, 2003
MUNICIPAL SERVICES COMMITTEE (Chair Sidney F. Tyler)
Meets the first and third Wednesday of each month at 1:30 p.m., in Council Conference
Room 240
August 20, 2003 (To be cancelled)
September 3, 2003 (To be cancelled)
September 17, 2003
PUBLIC SAFETY COMMITTEE (Chair Steve Haderlein)
Meets
the first and third Monday of each month at 4:15 p.m., in the Management
Conference
Room 323
August 18, 2003
September 1, 2003 (To be cancelled – Labor Day Holiday)
September 15, 2003
FUTURE COUNCIL MEETING DATES
August 18, 2003
August 25, 2003 (To be cancelled)
September 1, 2003 (To be cancelled - Labor Day Holiday)
September 8, 2003
September 15, 2003
September 22, 2003 (Joint Meeting with Pasadena Center Operating Company
Board, 6:30 p.m., Council Chamber)
September 29, 2003
October 6, 2003
October 13, 2003
October 20, 2003
October 27, 2003
November 2, 2003
November 10, 2003 (To be cancelled - Veterans Day Holiday)
November 17, 2003
November 24, 2003
FUTURE PUBLIC HEARINGS:
August 18, 2003, 8:00 p.m. - Landmark Designation - 529 N. Los Robles Avenue
September 8,
2003, 8:00 p.m. - Public Hearing to Adopt the New
Inclusionary
Housing In-Lieu Fees
October 6,
2003, 8:00 p.m. - Nomination of Landmark Tree (Podocarpus
gracilior,
Fern Pine) at 1180 North Arroyo Boulevard