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AGENDA CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION OCTOBER 27, 2003
Closed Sessions 5:30 P.M. Public Meeting 6:30 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 REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8 Properties: 169 & 170 Arlington Drive; 172 & 242 Bellefontaine Street; 181 Columbia Street; 177 Glenarm Street; 165 Hurlbut Street; 925 & 935 Jane Place; 269 Palmetto Drive; 866, 1100, 1112, 1120, 1128, 1140/1142, 1150, 1190, 1200 & 1220 Pasadena Avenue; 584, 600, 602, 620, 628, 640, 646, 650, 670, 676-678, 696, 714, 726, 734 & 762 St. John Avenue; 163 & 180 State Street; 265 & 268 Waverly Drive; and 245 Wigmore Drive, Pasadena, CA. Agency negotiators: Cynthia Kurtz, Fred Jones Negotiating party: California Department of Transportation (CALTRANS) Under negotiation: Price and terms of payment
B. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a): Nina Scotti v. City of Pasadena, et al., Los Angeles Superior Court Case No. BC 269081
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) RESOLUTION SETTING A PUBLIC HEARING FOR THE ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 03-1 RAYMOND AVENUE (GLENARM STREET TO DEL MAR BOULEVARD) Recommendation of City Manager: Adopt a resolution setting a public hearing for the subject Underground Utility District No. 03-1 to be approved. The suggested date for the public hearing is November 24, 2003, at 8:00 p.m. 191k
B. City Clerk
(1) Approval of Minutes - September 8, 2003 September 15, 2003 (Cancelled)
(2) Receive and file claims against the City of Pasadena
Claim No. 9399 Anthony C. Adduci $ 207.94 Claim No. 9400 SBC/Pacific Bell 2,660.00 Claim No. 9401 Timothy G. Albert 119.08 Claim No. 9402 Anselmo Gonzales 1,502.05 Claim No. 9403 Saul Susal 6,712.50
(3) Public Hearings Set
November 24, 2003, 8:00 p.m. - Amendments to the General Fee Schedule
November 24, 2003, 8:00 p.m. - Zoning Code Amendments - Trip Reduction Ordinance
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
A. Economic Development and Technology Committee
B. Finance/Audit Committee
(1) REVIEW OF LIBRARY SPECIAL TAX ORDINANCE Recommendation of City Manager: It is recommended that the City Council approve the continuation of the Library Special Tax, as enacted, through June 30, 2008. Recommendation of Library Commission: The Library Commission recommends that the City Council approve the continuation of the Library Special Tax, as enacted, through June 30, 2008. 340k
(2) CITY HALL SEISMIC RETROFIT PROJECT UPDATE (See related Item 7.B.1 ) Recommendation of City Hall Restoration Oversight Committee: The following informational report represents the City Hall Seismic Retrofit Project update to the City Council for the period July 1, 2003, through September 30, 2003. It is recommended that the City Council receive and file the City Hall Seismic Retrofit Project status report. 344k
(3) JOINT ACTION: APPROVAL OF COMMUNITY BANK TERM CREDIT LOAN TO THE CITY OF PASADENA IN THE AMOUNT OF $1,300,000 AND APPROVAL OF $1,300,000 LOAN BY THE CITY OF PASADENA TO THE PASADENA COMMUNITY DEVELOPMENT COMMISSION RELATED TO PLAZA LAS FUENTES PHASE II PROJECT Recommendation of City Manager/Chief Executive Officer: (1) It is recommended that the City Council adopt a resolution: (a) Approving the terms and conditions of a loan between the City and Community Bank, subject to the terms and conditions as contained in Exhibit "A" of the agenda report; and final documentation. (b) Approving a loan to Pasadena Community Development Commission (the "Commission") from the City in the amount of $1.3 million in accordance with a promissory note/reimbursement and repayment agreement which reflects the terms and conditions of Community Bank loan. (c) Authorizing the City Manager to execute: (1) the requisite loan documents between Community Bank and the City, and (2) a promissory note/reimbursement and repayment agreement between the City and the Commission. (2) It is recommended that the Commission take the following actions: (a) Approve a loan in the amount of $1.3 million to the Commission from the City in accordance with a promissory note/reimbursement agreement which reflects the same terms and conditions of the Community Bank loan. (b) Authorize the Chief Executive Officer to execute the promissory note/reimbursement repayment agreement between the City and the Commission. 264k
(4) JOINT ACTION: FOURTH AMENDMENT TO THE EMERGENCY HOMELESS RESPONSE PROGRAM SUBRECIPIENT AGREEMENT WITH THE ECUMENICAL COUNCIL OF PASADENA AREA CHURCHES FOR THE PROVISION OF EMERGENCY HOMELESS ASSISTANCE SERVICES IN RESPONSE TO THE EVACUATION OF THE WASHINGTON THEATER APARTMENT COMPLEX Recommendation of City Manager/Chief Executive Officer: It is recommended that the City Council and the Pasadena Community Development Commission take the following actions: (1) Approve the terms and conditions of the Fourth Amendment to the Emergency Homeless Response Program (EHRP) Sub-recipient Agreement No. 18,010-4/CDC-491-4 between the City and Ecumenical Council of Pasadena Area Churches ("Sub-recipient"); (2) Approve a journal voucher appropriating $40,000 from the Housing Opportunity Fund to the EHRP project for the provision of emergency homeless assistance services; and (3) Authorize/direct the City Manager/Chief Executive Officer to execute, and the City Clerk/Secretary to attest, the Fourth Amendment, and take the necessary actions to implement EHRP. 388k
(5) RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL INDENTURES, AND TWO SUPPLEMENTAL LOAN AGREEMENTS RELATED TO THE REFINANCING OR RESTRUCTURING OF TWO HOLLY STREET APARTMENTS BOND FINANCINGS IN THE AMOUNTS OF $32.5 MILLION AND $6.9 MILLION (See Item 8.D.)
(6) BUDGET AMENDMENT FOR CAPITAL EXPENDITURES ASSOCIATED WITH THE SYLMAR UPGRADE PROJECT Recommendation of City Manager: (1) Amend the Light and Power Fund Fiscal Year 2004 Capital Improvement Project (CIP) budget to include a new project entitled "Sylmar Upgrade Project" with an estimated cost of $2,750,000; and (2) Appropriate $2,750,000 to the new CIP project from the following sources: (a) unanticipated revenues of $1,769,712 being reimbursed by Federal Emergency Management Agency (FEMA), (b) bond proceeds of $950,000 provided by the 2003 electric revenue bond, (c) unappropriated Light and Power Fund fund balance of $30,288. Recommendation of Planning Commission: This project was reviewed by the Planning Commission at their meeting on October 22, 2003 and they have recommended that the City Council find that "Sylmar Upgrade Project" proposed for the inclusion in the CY 2004- 2008 CIP is consistent with the City of Pasadena's General Plan. 242k
(7) AMENDMENT TO PURCHASE ORDER CONTRACT WITH PERRY C. THOMAS CONSTRUCTION, INC. TO COMPLETE AZUSA HYDRO CONDUIT REPAIR IN AN AMOUNT NOT TO EXCEED $225,000; AND FY 2004 CAPITAL IMPROVEMENT PROGRAM AMENDMENT Recommendation of City Manager: (1) Authorize the City Manager to increase the amount of Purchase Order Contract No. 19,429 with Perry C. Thomas Construction, Inc. to complete repairs of the Azusa Hydro conduit by $150,001 to an amount not to exceed $225,000; (2) Find that the proposed contract is exempt from competitive bidding based on impracticality; and (3) Amend the Fiscal Year 2004 CIP to appropriate an additional $270,000 to the Light and Power Fund Capital Improvement Program under Budget Account No. 3179 for the "Azusa Hydro Renewals and Replacements" from the unappropriated Light and Power Fund funds. 342k
C. Legislative Policy Committee
D. Municipal Services Committee
E. Public Safety Committee
F. Reports from Representatives
6. PUBLIC HEARINGS - None
7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Council
(1) APPOINTMENT OF WENDY FUJIHARA ANDERSON TO THE COMMISSION ON THE STATUS OF WOMEN (District 2 Nomination)
(2) APPOINTMENT OF ERIN VARGAS TO THE HUMAN SERVICES COMMISSION (District 2 Nomination)
(3) APPOINTMENT OF VICE MAYOR SIDNEY F. TYLER, JR. AS ALTERNATE TO THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY (JOINT POWERS AUTHORITY) (Council Nomination)
(4) APPOINTMENT OF MARCIA SOLA TO THE HISTORIC PRESERVATION COMMISSION (District 5 Nomination)
B. City Manager
(1) CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR CITY HALL SEISMIC RETROFIT PROJECT (See related Item 5.B.2.) Recommendation of City Manager: (1) Certify the Pasadena City Hall Seismic Retrofit Final Environmental Impact Report (FEIR) (Attachment A-Volume I of the agenda report). (2) Adopt the Findings of Fact and the Statement of Overriding Considerations (Attachment B of the agenda report) confirming that the benefits of the project outweigh the significant unavoidable effects on cultural resources (the need to rebuild the east arcade), biological resources (the need to remove trees), and traffic (the need to close traffic lanes and a portion of Garfield Avenue during construction). (3) Adopt the mitigation monitoring and reporting program (Attachment C of the agenda report) and adopt a de minimus finding as required by California Fish and Game Code 711.4(d)(1) and Title 14, California Code of Regulations Section 735.5(a)(3). (4) Direct the City Clerk to file a Notice of Determination with the County Clerk. Recommendation of the City Hall Restoration Oversight Committee: At its meeting on October 8, 2003, the Oversight Committee recommended that the City Council certify the FEIR with Findings of Fact and a Statement of Overriding Considerations. 655k
(2) APPROVAL OF RESOLUTION OF INTENT AND FIRST READING OF AN ORDINANCE TO AMEND THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) CONTRACT TO IMPLEMENT 3%@55 FOR LOCAL SAFETY EMPLOYEES; AND PRE- RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS FOR LOCAL FIRE EMPLOYEES Recommendation of City Manager: (1) Adopt "A Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Pasadena; and Repealing Resolution No. 8256," to implement the 3%@55 Retirement Provision for Local Safety employees; and Pre- Retirement Optional Settlement 2 Death Benefit and Fourth Level of 1959 Survivor Benefits for Local Fire Employees. (2) Introduce and conduct first reading of "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASADENA AMENDING THE CONTRACT BETWEEN THE CITY OF PASADENA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE RETIREMENT BENEFIT ENHANCEMENTS TO LOCAL SAFETY EMPLOYEES; AND REPEALING ORDINANCE NO. 6944" to implement the 3%@55 Retirement Provision for Local Safety employees; and Pre-Retirement Optional Settlement 2 Death Benefit and Fourth Level of 1959 Survivor Benefits for Local Fire Employees. 1070k
8. COMMUNITY DEVELOPMENT COMMISSION MEETING
A. Approval of Minutes - September 8, 2003 September 15, 2003 (Cancelled)
B. JOINT ACTION: APPROVAL OF COMMUNITY BANK TERM CREDIT LOAN TO THE CITY OF PASADENA IN THE AMOUNT OF $1,300,000 AND APPROVAL OF $1,300,000 LOAN BY THE CITY OF PASADENA TO THE PASADENA COMMUNITY DEVELOPMENT COMMISSION RELATED TO PLAZA LAS FUENTES PHASE II PROJECT (See Item 5.B.3.)
C. JOINT ACTION: FOURTH AMENDMENT TO THE EMERGENCY HOMELESS RESPONSE PROGRAM SUBRECIPIENT AGREEMENT WITH THE ECUMENICAL COUNCIL OF PASADENA AREA CHURCHES FOR THE PROVISION OF EMERGENCY HOMELESS ASSISTANCE SERVICES IN RESPONSE TO THE EVACUATION OF THE WASHINGTON THEATER APARTMENT COMPLEX (See Item 5.B.4)
D. RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL INDENTURES, AND TWO SUPPLEMENTAL LOAN AGREEMENTS RELATED TO THE REFINANCING OR RESTRUCTURING OF TWO HOLLY STREET APARTMENTS BOND FINANCINGS IN THE AMOUNTS OF $32.5 MILLION AND $6.9 MILLION Recommendation of Chief Executive Officer: Adopt a resolution approving and authorizing the execution and delivery of two supplemental indentures, and two supplemental loan agreements related to Holly Street Apartments bond financings. 247k
9. ORDINANCES
A. First Reading:
(1) Conduct first reading of "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASADENA AMENDING THE CONTRACT BETWEEN THE CITY OF PASADENA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE RETIREMENT BENEFIT ENHANCEMENTS TO LOCAL SAFETY EMPLOYEES; AND REPEALING ORDINANCE NO. 6944" (See Item 7.B.2.)
B. Second Reading:
(1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING SECTIONS 4.11.010 AND 4.11.020 OF THE PASADENA MUNICIPAL CODE TO EXEMPT CONTRACTS INVOLVING PART-TIME, SEASONAL WORKERS OR TRAINEES FROM THE CITY'S LIVING WAGE ORDINANCE" (Introduced by Councilmember Haderlein) 236k
(2) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING SECTION 13.14.110 OF THE PASADENA MUNICIPAL CODE RELATING TO UNDERGROUND UTILITY DISTRICTS" (Introduced by Councilmember Streator) 118k
10. INFORMATION ITEMS:
A. HEALTH BENEFITS FOR RETIREES Recommendation of City Manager: The report is presented for information only. 19723k
11. PUBLIC COMMENT (Continued)
12. CLOSED SESSIONS (Continued, if necessary)
13. 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
November 5, 2003
November 19, 2003
December 3, 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
October 27, 2003
November 3, 2003 (Special meeting at 4:00 p.m. Finance Department Conference Room 345)
November 10, 2003 (To be cancelled)
November 24, 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
November 4, 2003
December 2, 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
November 5, 2003
November19, 2003
December 3, 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
November 3, 2003
November 17, 2003
December
1, 2003 (To be cancelled)
FUTURE COUNCIL MEETING DATES
November 3, 2003
November 10, 2003 (To be cancelled - Veterans Day Holiday)
November 17, 2003
November 24, 2003
December 1, 2003 (To be cancelled)
December 8, 2003
December 15, 2003
December 22, 2003
December 29, 2003 (To be cancelled)
January 5, 2004
January 12, 2004
January 19, 2004 (To be cancelled - Martin Luther King, Jr. Holiday)
January 26, 2004
FUTURE PUBLIC HEARINGS:
November 3, 2003, 8:00 p.m. - Orange Grove Gardens Affordable Housing Project
November
3, 2003, 8:00 p.m. - Local Law Enforcement Block Grant (LLEBG) -
Proposed Utilization of Public Safety Grant Funds
November
17, 2003, 8:00 p.m. - Consideration of Granting Non-exclusive Solid
Waste Franchises
November 24, 2003, 8:00 p.m. - Landmark Nomination - 1275 East Green Street
November 24, 2003, 8:00 p.m. - Landmark Nomination - 1201 Avoca Avenue
November
24, 2003, 8:00 p.m. - Establishment of Underground Utility District No. 03-1
Raymond Avenue (Glenarm Street to Del Mar Boulevard
November 24, 2003, 8:00 p.m. - Amendments to the General Fee Schedule