Council Meeting - May 12, 2003

   AGENDA
             CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
    MAY 12, 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 REGARDING PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code 54957
Title: City Manager

B. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Negotiators: Karyn Ezell, Steve Lem
Employee Organization: Pasadena Management Association

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

A. STATUS REPORT ON THE PROSECUTOR’S TRUANCY ABATEMENT PROGRAM IN AFFILIATION WITH THE PASADENA UNIFIED SCHOOL DISTRICT (To be heard under Item 5.E.1.)

47k

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 E. C. CONSTRUCTION FOR THE IMPROVEMENT OF ALLEN AVENUE FROM MAPLE STREET TO CORSON STREET FOR AN AMOUNT NOT TO EXCEED $105,000
Recommendation of City Manager:
(a)    Accept the bid dated April 30, 2003, submitted by E. C. Construction in response to the Specifications for the Improvement of Allen Avenue from Maple Street to Corson Street, reject all other bids received, and authorize the City Manager to enter into such contract as is required.
(b)    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.

309k

(2)    AUTHORIZATION TO EXTEND CONTRACT NO. 16,811 WITH NEXTIRAONE, LLC FOR MAINTENANCE AND REPAIR OF CITY-OWNED TELEPHONE SYSTEMS
Recommendation of City Manager:
(1)    Authorize the City Manager to extend Contract No. 16,811 in the amount of $236,990 for a period of one year with NextiraOne (formerly Williams Communications LLC) for maintenance and repair for City-owned telephone systems.   The contract is exempt from competitive bidding pursuant to City Charter Section 1002(F), contracts for professional or unique services.
(2)    Authorize the City Manager to extend the contract for up to three additional one-year periods without further City Council approval provided the terms, conditions and pricing remain unchanged.
(3)    It is further recommended that the City Council grant this extension from the competitive selection process pursuant to Pasadena Municipal Code Section 4.08.049(B), contracts for which the City’s best interests are served.

315k

(3) RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR FUNDING IN THE AMOUNT OF $82,902 FOR THE PURCHASE OF FIELD LAPTOP COMPUTERS, AIRLESS PAINT SPRAYERS FOR THE GRAFFITI ABATEMENT TEAM, AND THE ESTABLISHMENT OF AN EMERGENCY ABATEMENT FUND
Recommendation of City Manager: Adopt a resolution authorizing the submittal of a Grant Application, the incurring of an obligation, the execution of a Grant Agreement and any amendments thereto, and any other documents necessary to secure a Code Enforcement Grant Program (CEGP) Grant from the State of California, Department of Housing and Community Development, for funding of 13 laptop computers for the Code Enforcement Program, two Airless paint sprayers for the Graffiti Abatement Team, and the establishment of an Emergency Abatement Fund to avoid the displacement of homeowners and tenants.

235k

(4)    RESOLUTION AMENDING THE SALARY RESOLUTION RELATING TO SALARIES AND BENEFITS FOR VARIOUS NON-MANAGEMENT NON-REPRESENTED CLASSIFICATIONS
Recommendation of City Manager:   It is recommended that the City Council adopt a Resolution amending the Salary Resolution, in order to:
(1)    Provide an adjustment of 3.5% to the salary control rates effective October 7, 2002, an additional 3.5% effective October 6, 2003, and an additional 3.5% effective October 4, 2004, for the various classifications in the categories of Technical and Administrative, Confidential-Clerical, Non-Represented, and Hourly;
(2)    Provide for equity adjustments reflected in the exhibits to the Resolution to the classifications of Jr. Lifeguard, Lifeguard, Sr. Lifeguard, Instructor I, Planning Aide, and Substance Abuse Counselor, based on survey data and internal salary relationships, effective the beginning of the first pay period following adoption of this Resolution;
(3)    Provide for Employee Option Benefit Fund (EOBF) contributions in the amount of $622.16 per employee per month, effective January 1, 2003;
(4)    Amend the City’s contract with the California Public Employees Retirement System (CalPERS) to provide for service credit for unused sick leave, at such time as agreement with all non-safety bargaining units is reached; and
(5)    Provide for the accrual of vacation, sick leave and holiday time on a pro-rata basis for part-time employees working 20 or more hours a week (e.g., employees working 20 hours per week shall receive 50% of full-time leave accruals; employees working 30 hours per week shall receive 75% of full-time leave accruals).

211k

B. City Clerk

(1) Approval of Minutes - January 13, 2003
January 20, 2003 (Cancelled)

(2) Receive and file claims against the City of Pasadena

Claim No. 9274 State Farm Insurance $10,201.69

Claim No. 9275 Ana S. Ramirez 8,771.21

Claim No. 9276 Ricardo A. Berti, Sr. 850.00

Claim No. 9277 Steven R. Vides Unknown

Claim No. 9278 Michael Saperstein 1,250.00

Claim No. 9279 Marla Ayn Stevens 5,000.00

Claim No. 9280 Cynthia L. Lambert Unknown

Claim No. 9281 Harvey Vaughn Brown, Jr. Unknown

Claim No. 9282 Bryant L. Elder 25,000.00+

Claim No. 9283 Jan Karlin & Jeff Von Der Schmidt 406.17

Claim No. 9284 Reginald Grimes 25,000.00+

5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES

A. Economic Development and Technology Committee

B. Finance Committee

(1)    AMENDMENTS TO THE FISCAL YEAR 2003 CAPITAL IMPROVEMENT PROGRAM BUDGET
Recommendation of City Manager:
(1)    Approve a journal voucher amending fourteen projects in the Fiscal Year 2003 Capital Improvement Program as detailed in Attachment A of the agenda report;
(2)    Amend the project description of four projects; and
(3)    Amend the FY 2003 Capital Improvement Program budget to create the “Hamilton Park - Replacement of Sports Field Drainage System” project and recognize and appropriate $160,220 in Proposition A funds (1996) to the project.

779k

(2) CITY HALL SEISMIC RETROFIT PROJECT UPDATE
Recommendation of City Hall Restoration Oversight Committee: The agenda report is for information only.

665k

C. Legislative Policy Committee

         (1) OPPOSITION TO ASSEMBLY BILL 1160 (STEINBERG) REGARDING SECOND UNITS, DENSITY
        BONUS, AND HOUSING ON SCHOOL SITES
        Recommendation of City Manager:
        (1)    Oppose AB 1160 (Steinberg), which imposes numerous restrictions on local second unit ordinances,
        reduces parking standards by up to 33 percent on density bonus projects, and establishes housing as a
        permitted use on all public school sites; and
        (2)    Authorize the Mayor to send letters to the appropriate authorities
        conveying Pasadena’s position on this matter.

        391k

(2)    SUPPORT FOR RELIEF FROM STATE REGULATIONS RESULTING IN COSTS TO CITIES
Recommendation of City Manager: If the State removes revenue from local governments in an effort to resolve the deficit problem, it is recommended that the City Council advocate for the following:
(1)    A constitutional amendment protecting local government revenues
in the future; and
(2)    Relief from the following State requirements:
        (a)    Binding arbitration requirements for negotiations with local unions;
        (b)    Retirement benefit increases for at least three years without consideration of local impacts;
        (c)     CalPERS rates increases to local government; and
        (d)    Workers’ compensation costs resulting from inefficiencies in treating physician presumption,
        permanent disability rating systems, reporting standards, and 4850 pay.

477k

D. Municipal Services Committee

(1)    AUTHORIZATION TO ENTER INTO CONTRACTS WITH PPM ENERGY, INC., FOR THE PURCHASE OF SIX MEGAWATTS OF WIND POWERED ELECTRICAL ENERGY
Recommendation of City Manager: Authorize the City Manager to enter into the following contracts:
(1)    A Long-Term Power Purchase Agreement with PPM Energy, Inc.(“PPM”), for the purchase of wind powered electrical energy associated with a 6 MW share of the 145.6 MW High Winds wind generation facility currently under construction in Solano County, California (“Contract”); and
(2)    A Guarantee Agreement wit Pacificorp Holdings, Inc., the corporate parent of PPM, related to the Contract.
These contracts are exempt from competitive bidding pursuant to City Charter Section 1002(C), contracts for labor, materials, supplies or services available from only one vendor.

689k

(2)    AMEND RESOLUTION NO. 5656, “PURCHASES, SALES, EXCHANGES, STORAGE AND TRANSPORTATION OF NATURAL GAS AND FUEL OILS”
Recommendation of City Manager: It is recommended that the City Council adopt a Resolution amending Resolution No. 5656 as follows:
(1)    Eliminate the $1,000,000 maximum per contract amount;
(2)    Include authorization to execute “enabling agreements” - contracts with gas marketers, brokers and exchanges to facilitate such transactions; and
(3)    Include authorization to execute software license or electronic commerce agreements necessary to schedule such transactions.

283k

E. Public Safety Committee

(1) STATUS REPORT ON THE PROSECUTOR’S TRUANCY ABATEMENT PROGRAM IN AFFILIATION WITH THE PASADENA UNIFIED SCHOOL DISTRICT
Recommendation of City Attorney/City Prosecutor: The agenda report is for information only

475k

(2) RECOMMENDED POLICY AND GUIDELINES TO ESTABLISH A MAXIMUM NUMBER OF HOURS PER WEEK OF PERMITTED USE OF CITY FIELDS BY ORGANIZED SPORTS GROUPS, TO MAXIMIZE FIELD USE TIME WHILE ASSURING SAFE FIELD CONDITIONS
Recommendation of City Manager: Approve adoption of a policy and guidelines that establish a maximum of 30 hours per week for permitted use of City turf sports fields by sports organizations, effective April 1, 2003. Sports with only minimal turf use and impact (e.g. baseball and softball) will be permitted to exceed this limit, based on field conditions and space availability. Staff will report back on the impact of this policy following the spring season (April 1 to June 30, 2003), for further consideration as an ongoing policy.
Recommendation of Recreation and Parks Commission: The Recreation and Parks Commission approved the staff recommendation, as described above, at its meeting of December 3, 2002.

749k

F. Reports from Representatives

6. PUBLIC HEARINGS - 8:00 P.M.

A.     PUBLIC HEARING:    PROPOSED BASIS AND METHOD OF LEVYING ASSESSMENTS AND THE LEVY OF THE ANNUAL ASSESSMENT FOR PROGRAM YEAR 2003 FOR THE SOUTH LAKE BUSINESS IMPROVEMENT DISTRICT
Recommendation of City Manager:
(1)    Approve the Annual Report of the South Lake Business Association for the South Lake Business Improvement District for Program Year 2003 (Attachment 2 of the agenda report).
(2)    Hold a public hearing to consider the proposed basis and method of levying assessments and the levy of the annual assessments for Program Year 2003 for the South Lake Business Improvement District.
(3)    At the conclusion of the public hearing, adopt a resolution establishing the basis and method of levying assessments within the South Lake Business Improvement District for Program Year 2003.

380k

B.     PUBLIC HEARING: EAST COLORADO BOULEVARD SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT
Recommendation of City Manager:
(1)    Certify the adequacy of the East Colorado Boulevard Specific Plan Environmental Impact Report (EIR);
(2)    Approve the East Colorado Boulevard Specific Plan, as shown in Attachment E of the agenda report;
(3)    Approve the De Minimis Impact Finding on the State Fish and Wildlife Habitat;
(4)    Direct the City Clerk to file a Notice of Determination with the Los Angeles County Recorder; and
(5)    Direct the City Attorney to prepare an implementation ordinance.
Recommendations of Advisory Bodies:   The Specific Plan has been reviewed by the Planning Commission, Design Commission, Cultural Heritage Commission, Arts Commission, and Transportation Advisory Commission. Each of the Commissions unanimously recommended approval of the Specific Plan to the City Council along with some suggested modifications. The additional modifications forwarded by the Commissions are described below:
Design Commission (meeting of October 28, 2002)
The Plan originally recommended the discontinuance of the planting of palm trees along Colorado Boulevard. The coordinating committee felt that the trees serve no aesthetic purpose and should be removed. However, the Design Commission and Planning Commission disagreed, stating that palm trees are consistent on Colorado Boulevard and are part of its identity.
The Design Commission felt that elements referring to or “marketing” Route 66 should be tasteful and understated.
The Design Commission felt that the density of 60 units/acre within the light rail “nodes” was too high and it should be reduced to 48 units/acre.
Historic Preservation Commission (meeting of November 4, 2002)
Encourage the City to continue the existing facade improvement program along Colorado Boulevard.
Extend the existing light fixture along Colorado Boulevard through the Lamanda Park sub-area rather than placing a new light fixture in this area.
Promote implementation action to research significant or potentially historic buildings along Colorado Boulevard for Historic Preservation.
Agreed with the Design Commission in that the promotion of the Route 66 theme should be tasteful and understated and agreed with the Design Commission on the density of residential units in the light rail “nodes”.
Arts Commission (meetings of November 13, 2002 and December 11, 2002)
Incorporate the area formerly known as “Chihuahuita” into the sub-area names or use in some fashion. The Planning Commission agreed with the Arts Commission on this point and recommended that one of the sub-areas be renamed Chihuahuita.
Transportation Advisory Commission (meeting of December 6, 2002)
Emphasized the importance of parking management around the light rail stations, especially in the neighborhoods around the Allen Avenue station. Assurance that staff is closely monitoring the parking, access and egress issues around the stations upon their opening. The Specific Plan process has been closely aligned with the light rail station parking meeting being sponsored by the City.
Planning Commission (meetings of February 26, 2003 and March 26, 2003)
The recommendations of the Planning Commission focused primarily on wording changes and priorities for implementation. Based on Council action, staff anticipates adding all of the editorial changes recommended by the Commission as well as highlighting the priorities made for implementation in the final document. These changes are listed in Appendix B of the agenda report.
The Planning Commission recommended certification of the Environmental Impact Report with no modifications.
The Planning Commission recommended changing the name of the “Route 66" sub-area to the “Chihuahuita” sub-area to reflect the history of Colorado Boulevard. The Plan, however, recommends retaining the “Route 66" name because the historic area of Chihuahuita was not located in this geographic area.

826k

7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS

A. City Council

(1) APPOINTMENT OF JAMES GAMB TO THE FIRE AND POLICE RETIREMENT BOARD (At Large/District 4 Nomination)

(2) APPOINTMENT OF KELLYE WALLETT TO THE ARTS COMMISSION (Mayor Nomination)

B. City Manager (No items)

8. COMMUNITY DEVELOPMENT COMMISSION MEETING

A. Approval of Minutes - January 13, 2003
January 20, 2003 (Cancelled)