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AGENDA
CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
JUNE 13, 2005
Public Meeting 6:30 P.M.
Closed Session 7:30 P.M.
Public Hearings 8:00 P.M.
Pasadena Senior Center, Multi-Purpose Room
85 East Holly Street, Pasadena
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 INTER-CON SECURITY SYSTEMS, INC.,
FOR CITYWIDE PARKING ENFORCEMENT SERVICES
Recommendation of City Manager: It is recommended that the City
Council authorize the City Manager to enter into a contract with Inter-
Con Security Systems, Inc., for citywide parking enforcement services
on designated streets, lots and parking structures in an amount not to
exceed $544,400. This amount includes thirty thousand hours annually
billed at $15.40 an hour, for a base amount of $462,000, with a
contingency of six thousand hours billed at $15.40 an hour for an
additional $92,400.
1037k
(2) CONTRACT AWARD TO KALBAN INC. FOR CONSTRUCTION OF
WHEELCHAIR RAMPS - 2005 FOR AN AMOUNT NOT TO EXCEED
$100,000
Recommendation of City Manager:
(1) Accept the bid dated May 18, 2005 submitted by Kalban Inc., in
response to the Specifications for Construction of Wheelchair Ramps -
2005, reject all other bids received and authorize the City Manager to
enter into such contract as required; and
(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.
1174k
B. City Clerk
(1) Approval of Minutes - April 25, 2005
April 27, 2005 (Special Meeting)
(2) Receive and file claims against the City of Pasadena
Claim No. 9845 Tina Chen $ 1,802.02
(Ellen Park c/o Mercury Insurance Co.)
Claim No. 9846 Cesar Soto Not Stated
Claim No. 9847 Alberto Soto Not Stated
Claim No. 9848 James Herzfeld 125.00
Claim No. 9849 Veronica Turner 79.10
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
A. Economic Development and Technology Committee
B. Finance Committee
(1) BUDGET AMENDMENT FOR CAPITAL EXPENDITURES
ASSOCIATED WITH PASADENA'S SHARE OF LOS ANGELES
DEPARTMENT OF WATER AND POWER ("LADWP") OPERATED
AND MAINTAINED HIGH VOLTAGE TRANSMISSION LINES
Recommendation of City Manager:
(1) Amend the Light and Power Fund Fiscal Year 2005 Capital
Improvement Project (CIP) budget to include a new project entitled
Power Transmission Program with an estimated cost of $315,000; and
(2) Appropriate $315,000 from the unappropriated Light and Power
Fund balance to the new project.
Recommendation of the Planning Commission:
This project was reviewed by the Planning Commission at their meeting
on May 11, 2005 and they have recommended that the City Council find
that "Power Transmission Project" proposed for inclusion in the
FY 2005-2009 CIP is consistent with the City of Pasadena's General
Plan.
439k
(2) AUTHORIZATION TO ENTER INTO A CONTRACT WITH PACIFIC
MUNICIPAL CONSULTANTS TO PERFORM NEW DEVELOPMENT
IMPACT FEE AND TRAFFIC IMPACT FEE STUDIES FOR A NOT TO
EXCEED AMOUNT OF $68,310 AND APPROPRIATION OF FUNDS
FOR SAID CONTRACT
Recommendation of City Manager:
(1) Authorize the City Manager to enter into a contract with Pacific
Municipal Consultants to perform traffic impact fee and new
development impact fee studies, in an amount not to exceed $68,310;
and
(2) Approve a journal voucher recognizing and appropriating $68,310
of New Development Impact Fee Fund revenue to the Transportation
Administration Budget Account No. 8115-101-771100.
1079k
(3) APPROVAL OF AN AMENDMENT TO CONTRACT NO. 18737 WITH
DYE AND BROWNING CONSTRUCTION, INC., IN THE AMOUNT OF
$29,628.63 FOR THE DRAINAGE IMPROVEMENTS OF FLAT
STREETS - 2004 PROJECT
Recommendation of City Manager: Authorize the City Manager to
execute an amendment to Contract No. 18,737 with Dye and Browning
Construction, Inc., for the Drainage Improvement of Flat Streets - 2004
project; to increase the total contract "not to exceed" amount from
$100,000 to $129,628.63, an increase of $29,628.63 for additional work
required to complete the project.
342k
(4) AUTHORIZATION TO ENTER INTO A CONTRACT WITH CREDIT
SOLUTIONS CORPORATION FOR COLLECTING DELINQUENT
PARKING CITATIONS
Recommendation of City Manager:
(1) Authorize the City Manager to enter into a contract with Credit
Solutions Corp., for the collection of delinquent parking citations for a
term of two (2) years;
(2) Grant the proposed contract an exemption from the competitive
selection process of Competitive Bidding and Purchasing Ordinance
pursuant to Pasadena Municipal Code Section 4.08.049 (B), contacts for
which the City's best interests are served.
615k
(5) AUTHORIZATION TO ENTER INTO A CONTRACT WITH MOTOROLA,
INC., FOR THE POLICE DEPARTMENT'S COMPUTER AIDED
DISPATCH (CAD)/RECORDS MANAGEMENT SYSTEM (RMS) AND
MOBILE DATA COMPUTER (MDC) REPLACEMENT PROJECT
Recommendation of City Manager:
(1) Authorize the City Manager to enter into a contract, without
competitive bidding pursuant to City Charter Section 1002 (F) contracts
for professional or unique services, with Motorola, Inc., for replacement
of the Police Department's Computer Aided Dispatch (CAD) and
Records Management System (RMS) in the amount of $2,125,440,
which includes the bid price of $2,025,440 and $100,000 to
accommodate any needed change orders.
(2) Approve the issuance of a purchase order contract, not to exceed
$275,000, to Motorola, Inc., for the purchase of Mobile Data Computers
(MDC), and other associated equipment.
(3) Approve a journal voucher transferring $197,593 to the
Miscellaneous Public Safety Grant Fund (Account 228-405300) from the
Supplemental Law Enforcement Services Fund (Account 201-401400) in
order to supplement existing funding for this project.
(4) Approve a journal voucher transferring $200,000 to the
Miscellaneous Public Safety Grant Fund (Account 228-405300) from the
Asset Forfeiture Fund (Account 207-401500) in order to supplement
existing funding for this project
(5) Approve a journal voucher transferring $2,400,440 from the un-
appropriated fund balance of the Miscellaneous Public Safety Grant
Fund (Account 228-405300) to the Police Department's FY 2006
Miscellaneous Public Safety Grant Fund operating budget (Account
8114-101-405300) for necessary expenditures for costs associated with
the Police Department's Computer Aided Dispatch/Records
Management System and Mobile Data Computer Replacement Project.
809k
C. Legislative Policy Committee
D. Municipal Services Committee
E. Public Safety Committee
(1) AMENDMENT TO SERVICES AGREEMENT NO. 17,712 BETWEEN
THE CITY AND NESTOR TRAFFIC SYSTEMS, INC., TO EXPAND THE
AUTOMATED RED LIGHT CAMERA ENFORCEMENT PROGRAM
Recommendation of City Manager: Authorize the City Manager to
amend Traffic Signal Violation Video-Monitoring Services Agreement
No. 17,712 with Nestor Traffic Systems, Inc., to incorporate the
conditions outlined in the Background Section of the staff report for the
expansion of the automated red light camera enforcement program.
774k
(2) AREA C JOINT POWERS AGREEMENT TO PROVIDE FOR INTER-
AGENCY COOPERATION IN A MAJOR NATURAL OR MAN-MADE
DISASTER
Recommendation of City Manager: Authorize the City Manager to
approve and sign a Joint Powers Agreement (JPA) with the County of
Los Angeles and potentially 11 other Area C cities that choose to
participate in the JPA. To date, the cities of Glendale, Burbank,
Alhambra, Monterey Park, and La Canada Flintridge have signed on the
JPA, which provides for inter-agency cooperation during a major
disaster.
It is further recommended that Council authorize the City Manager
or his/her designee as the representative for emergency services on the
Governing Board.
397k
(3) PROPOSED PILOT PROJECT WITH PASADENA UNIFIED SCHOOL
DISTRICT (PUSD) TO EXPAND COMMUNITY OUTDOOR PLAY
SPACE THROUGH JOINT USE OF MADISON ELEMENTARY
SCHOOL PLAY AREA FOR PUBLIC RECREATION DURING NON-
SCHOOL (PRIMARILY WEEKEND) DAYS
Recommendation of City Manager:
(1) Approve the concept of working with Pasadena Unified School
District to identify and develop available school sites for community
weekend use for public recreation purposes;
(2) Approve Madison Elementary School as the pilot project for
developing a weekend use plan for public recreation; and
(3) Direct staff to identify the site requirements and operational plan,
including costs, for joint use of Madison Elementary School, and return
to City Council for approval of final project.
1044k
F. Reports from Representatives
6. CLOSED SESSION - 7:30 P.M. (To be heard at 7:30 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 Negotiators: Karyn Ezell, Richard Kunz
Employee Organization: Pasadena Firefighters Management
Association
7. PUBLIC HEARINGS - 8:00 P.M.
A. CONTINUED PUBLIC HEARING: FISCAL YEAR 2006 RECOMMENDED
OPERATING BUDGET
Recommendation of City Manager: Receive public comment and continue
the public hearing to June 20, 2005, at 8:00 p.m.
B. JOINT PUBLIC HEARING: DISPOSITION OF CITY-OWNED LAND AND
PURCHASE OF PARKING EASEMENT IN THE MILL CREEK
DEVELOPMENT PROJECT
Recommendation of City Manager:
(1) Acknowledge the adoption of a Mitigated Negative Declaration adopted
for the Mill Creek Project on December 15, 2004 by the Zoning Hearing
Officer (Attachment 1 of the staff report);
(2) Authorize the sale of the North Site to Pasadena Community
Development Commission (PCDC) for $1;
(3) Authorize purchase of Parking Easement via the Acquisition Agreement
for $2,679,750;
(4) Authorize transfer of the Laemmle Parking Entitlements from the City-
owned parking lot at El Molino Avenue and Union Street ("North Site") to the
South Site, upon completion of the parking structure; and
(5) Authorize the City Manager to execute documents on behalf of the City
Council.
Recommendation of Chief Executive Officer:
(1) Acknowledge the adoption of a Mitigated Negative Declaration
previously adopted for the Mill Creek Project on December 15, 2004 by the
Zoning Hearing Officer;
(2) Authorize the purchase of the North Site from the City for $1;
(3) Approve the deal points of the Deposition and Development Agreement,
which includes authorizing the sale of the North Site to Developer for
$2,679,750; and
(4) Authorize the City Manager to execute documents on behalf of the
Commission.
3509k
C. JOINT PUBLIC HEARING: APPROVAL/SUBMITTAL OF THE FIVE YEAR
CONSOLIDATED PLAN (2005-2010) AND ANNUAL ACTION PLAN
(2005-2006) AS THE APPLICATION AND STATEMENT OF PROJECTED
USE OF FUNDS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), EMERGENCY SHELTER GRANT (ESG), HOME INVESTMENT
PARTNERSHIP ACT (HOME), AND CERTAIN RELATED HUMAN
SERVICES ENDOWMENT FUND (HSEF) PROGRAMS
Recommendation of City Manager/Chief Executive Officer:
(1) It is recommended that the City Council/Community Development
Commission (Commission) hold a joint public hearing to consider:
(a) The Five Year Consolidated Plan/Annual Action Plan as an
application for participation CDBG, ESG, and HOME programs; and
(b) The proposed 2005-2006 projects/allocation of the City's HSEF.
(2) It is recommended that the City Council/Community Development
Commission adopt a resolution:
(a) Approving the filing with HUD of the City's Five Year Consolidated
Plan (2005-2010);
(b) Approving the 2005-2006 Annual Action Plan including the
proposed funding and projects:
(1) An application for CDBG entitlement funds in the amount of
$2,553,569;
(2) The allocation of CDBG prior year program income -
$237,716;
(3) The reprogramming of $92,000 in prior years unexpended
CDBG funds;
(4) Application for ESG funds - $98,526; and
(5) Application for HOME funds - $1,291,070.
(c) Authorizing the City Manager to execute, and the City Clerk to
attest, the Five Year Consolidated Plan (2005-2010) and Annual Action Plan
(2005-2006) and any and all other documents deemed necessary by HUD to
obtain the allocation of the aforementioned federal CDBG/ESG/HOME funds.
(d) Authorizing, upon HUD's approval of the City of Pasadena's
application, the City Manager to execute, and the City Clerk to attest, the
agreements, in a form acceptable to the City Attorney, with all of the
recipients and/or sub-recipients recommended for funding.
(e) Approving an annual allocation from the City Pasadena's HSEF -
$113,200 for the proposed projects; and authorizing the City Manager to
execute, and the City Clerk to attest, the agreements, in a form acceptable to
the City Attorney, with all of the sub-recipients recommended for funding.
(3) It is recommended that the Community Development Commission:
(a) Appropriate $99,321 from the Federal National Mortgage
Association Credit Facility Loan (FNMA) Interest Earnings as the required
local match to the HUD ESG allocation; and
(b) Authorize the Chief Executive Officer to execute, and the Secretary
to attest, the agreements with the approved sub-recipient in a form
acceptable to the General Counsel.
Recommendation of Advisory Bodies: The Northwest Commission
recommended City Council approval of the proposed non-public service
projects on Thursday, April 28, 2005 (Exhibit A of the agenda report). The
Human Services Commission recommended City Council approval of the
proposed public/human service projects on Tuesday, May 24, 2005 (Exhibit B
of the agenda report).
2122k
Draft Consolidated Plan 2274k Table of Contents 3992k
Section 1 2485k Section 2 Part 1
Section 2 Part 2 Section 2 Part 3
Section 3 Part 1 Section 3 Part 2
Section 4 146k Appendix A 1781k
Appendix B 2744k No Appendix C
Appendix D 4351k Appendix E 1702k
Appendix F 551k Appendix G 290k
Appendix H 1393k Appendix I 2310k
D. PUBLIC HEARING: LEVY OF ASSESSMENT AGAINST HOTEL AND
MOTEL BUSINESSES FOR FISCAL YEAR 2005-06 IN CONNECTION
WITH THE PASADENA TOURISM BUSINESS IMPROVEMENT DISTRICT
Recommendation of Pasadena Center Operating Company: It is
recommended that the City Council (i) conduct a Public Hearing on the levy
of an assessment against Hotel and Motel Businesses for Fiscal Year 2005-
06 in connection with the Pasadena Tourism Business Improvement District
(the "District"), and (ii) at the conclusion of the Public Hearing in the absence
of a majority protest, adopt a resolution confirming the Annual Report of the
Advisory Board as originally filed and levying the assessment for Fiscal Year
2005-06 in connection with the District.
915k
E. PUBLIC HEARING: DESIGNATION OF 1160 CHATEAU ROAD AS A
LANDMARK
Recommendation of City Manager:
(1) Acknowledge that the designation of a historic resource is categorically
exempt from the California Environmental Quality Act (15308);
(2) As recommended by the Historic Preservation Commission, find that
1160 Chateau Road meets designation criterion C in Pasadena Municipal
Code 17.62.040 (B) because it embodies the distinctive characteristics of
Modern/International Style residential architecture and is an important
representation of the work of architect John Kelsey.
(3) Find that the detached studio is a non-contributing feature because of its
later construction date (1973 ten years after the main house) and because it
was not designed by John Kelsey.
(4) Approve the designation of the main house with the forecourt and pool
and related landscaping as a landmark.
(5) Adopt the resolution designating 1160 Chateau Road as a landmark
(Attachment A of the agenda report);
(6) Authorize the Mayor to execute the declaration of designation
(Attachment B of the agenda report); and
(7) Direct the City Clerk to record the declaration with the Los Angeles
County Recorder.
Recommendation of the Historic Preservation Commission: On April 4,
2005, at a noticed public hearing, the Historic Preservation Commission
voted unanimously to recommend approval of the designation of 1160
Chateau Road as a landmark.
1725k
8. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Council
(1) APPOINTMENT OF JOHN DAVIDSON TO THE HUMAN SERVICES
COMMISSION (District 4 Nomination)
(2) REAPPOINTMENT OF SUSANA BAUTISTA TO THE ARTS
COMMISSION (District 5 Nomination)
(3) RESIGNATION OF JODY D. GERSTNER FROM THE UTILITY
ADVISORY COMMISSION (Mayor Nomination)188k
188k
B. City Manager
(1) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA
APPROVING A SUPPLEMENTAL CHAPTER TO THE DESIGN
GUIDELINES FOR THE HISTORIC DISTRICTS FOR THE
CRAWFORDS VISTA LANDMARK DISTRICT
Recommendation of City Manager: It is recommended that the City
Council adopt a resolution approving a supplemental chapter to the
Design Guidelines for the Historic Districts for the Crawfords Vista
Landmark District.
473k
(2) OPPOSITION TO SENATE BILL 351 (SOTO) PARKING AND
BUSINESS IMPROVEMENT AREAS
Recommendation of City Manager:
(1) Oppose Senate Bill 351 (Soto) that will amend the Streets and
Highways Code to require two thresholds be met in order to initiate the
ballot process; and
(2) Authorize the Mayor to communicate the City's position to the
appropriate authorities.
357k
9. COMMUNITY DEVELOPMENT COMMISSION MEETING
A. Approval of Minutes - April 25, 2005
B. JOINT PUBLIC HEARING: DISPOSITION OF CITY-OWNED LAND AND
PURCHASE OF PARKING EASEMENT IN THE MILL CREEK
DEVELOPMENT PROJECT (See Item 7.B., 8:00 p.m.)
C. JOINT PUBLIC HEARING: APPROVAL/SUBMITTAL OF THE FIVE YEAR
CONSOLIDATED PLAN (2005-2010) AND ANNUAL ACTION PLAN
(2005-2006) AS THE APPLICATION AND STATEMENT OF PROJECTED
USE OF FUNDS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), EMERGENCY SHELTER GRANT (ESG), HOME INVESTMENT
PARTNERSHIP ACT (HOME), AND CERTAIN RELATED HUMAN
SERVICES ENDOWMENT FUND (HSEF) PROGRAMS (See Item 7.C.,
8:00 p.m.)
10. ORDINANCES
A. First Reading: None
B. Second Reading:
(1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING
SECTION 10.44.050 OF CHAPTER 10.44 OF THE PASADENA
MUNICIPAL CODE (PARKING AT NIGHT) REGARDING OVERNIGHT
PARKING PERMIT APPEAL PROCEDURES" (Introduced by
Councilmember Little)
170k
(2) Adopt "AN ORDINANCE OF THE CITY OF PASADENA
CORRECTING ERRORS AND AMENDING TITLE 17 OF THE
PASADENA MUNICIPAL CODE (ZONING) RELATING TO HEIGHT
AVERAGING; CORRECTING ERRORS AND AMENDING TITLE 16
(SUBDIVISIONS) RELATING TO VARIANCE APPROVAL
AUTHORITY; AND AMENDING THE OFFICIAL ZONING MAP"
(Introduced by Councilmember Gordo)
2248k
Exhibits 1-12 3465k Exhibits 13-22 3997k
(3) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF PASADENA
ESTABLISHED BY SECTION 17.08.040 OF THE PASADENA
MUNICIPAL CODE (GOVERNOR MARKHAM LANDMARK OVERLAY
DISTRICT)" (Introduced by Councilmember Haderlein)
918k
11. INFORMATION ITEMS: None
12. PUBLIC COMMENT (Continued)
13. CLOSED SESSIONS (Continued, if necessary)
14. ADJOURNMENT
SCHEDULED
COUNCIL STANDING COMMITTEES
ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE
(Chair Victor Gordo,Meets the third Monday of each month at 4:15 p.m., Chamber
Building,
117 East Colorado Boulevard, Conference Room – 6th Floor
June 20, 2005
July 18, 2005
FINANCE COMMITTEE (Chair Paul Little, Bill Bogaard, Joyce Streator, Sidney F. Tyler)
Meets the second and fourth Monday of each month at 4:00
p.m., Chamber Building,
117 East Colorado Boulevard, Conference Room – 4th Floor
June 13, 2005 (Special Joint Meeting w/City Council, 4:00
p.m.,
Senior Center, 85 E. Holly Street)
June 20, 2005 (Special Joint Meeting w/City Council, 4:00 p.m.,
Senior Center, 85 E. Holly Street)
LEGISLATIVE POLICY COMMITTEE (Chair Bill Bogaard, Chris Holden, Sidney F. Tyler)
Meets the fourth Tuesday of each month at 4:15 p.m., Chamber
Building,
117 East Colorado Boulevard, Conference Room – 6th Floor
June 28, 2005
July 26, 2005
MUNICIPAL SERVICES COMMITTEE (Chair Sidney F. Tyler, Joyce Streator, Steve Haderlein)
Meets the third Wednesday of each month at 2:00 p.m.,
150 South Los Robles Avenue,
Pasadena Water and Power Conference Room, 2nd Floor
June 15, 2005
June 28, 2005 (Special Joint Meeting w/UAC, 3:30 p.m.,
Water and Power Conference Room)
July 20, 2005
PUBLIC SAFETY COMMITTEE (Chair Steve Haderlein, Steve Madison, Victor Gordo)
Meets the first Monday of each month at 4:15 p.m., Chamber
Building,
117 East Colorado Boulevard, Conference Room – 6th Floor
June 29, 2005 (Special meeting, 4:15 p.m., Chamber Building,
Conference Room – 6th Floor)
July 4, 2005 (To be canceled)
June 20, 2005
June 27, 2005
July 4, 2005 (To be cancelled - Independence Day Holiday)
July 11, 2005
July 18, 2005
July 25, 2005
August 1, 2005
August 8, 2005
August 15, 2005
August 22, 2005
August 29, 2005 (To be cancelled)
September 5, 2005 (To be cancelled - Labor Day Holiday)
September 12, 2005
September 19, 2005
September 26, 2005
FUTURE PUBLIC HEARINGS:
June 20, 2005, 8:00 p.m. - Continued Public
Hearing: City Manager’s Recommended
Fiscal Year 2006 Operating Budget
June 20, 2005, 8:00 p.m. - Continued Public
Hearing: Recommendation for an
Amendment to the Zoning Code to Prohibit Medical Marijuana Dispensaries
June 20, 2005, 8:00 p.m. - Continued Public
Hearing: Amendments to the Inclusionary
Housing Ordinance and Inclusionary Housing Regulations
June 20, 2005, 8:00 p.m. - Public Hearing: Old
Pasadena Management District
Property-based Business Improvement District
July 11, 2005, 7:00 p.m. - Continued Public
Hearing: Designation of 636 N. Holliston
Avenue as a Landmark
July 11, 2005, 7:00 p.m. - Public Hearing: Vacate
a Portion of Bellevue Drive Between
Raymond Avenue and the Metropolitan Transportation Authority Right-of-Way