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AGENDA CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION DECEMBER 4, 2006
Closed Sessions 5:30 P.M. Public Meeting 6:30 P.M. Public Hearings 7:30 P.M. Pasadena Senior Center, Multi-Purpose Room 85 East Holly Street, Pasadena
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 LEGAL COUNSEL REGARDING PENDING LITIGATION pursuant to Government Code Section 54956.9(a) Name of Case: Hakopyan v. City of Pasadena, et al. Case No.: United States District Court No. CV06-07225 AHM (FFMx)
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 11 (below) "Public Comment (continued)". Please limit comments to 3 minutes each.
3. 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) AUTHORIZATION TO ENTER INTO TWO CONTRACTS WITH VASILJ, INC., DBA IVANKO AND J. DESIGIO CONSTRUCTION, INC., TO PROVIDE LABOR AND MATERIALS FOR WATER MAIN LINE INSTALLATIONS IN MERCEDES AVENUE, GARFIELD AVENUE (HOWARD STREET TO WASHINGTON BOULEVARD), GARFIELD AVENUE (MOUNTAIN STREET TO PARKE STREET), WORCESTER AVENUE, MORNINGSIDE STREET, BERKELEY AVENUE AND CROSBY STREET FOR THE WATER AND POWER DEPARTMENT, SPECIFICATION WD-06-03 Recommendation of City Manager: (1) Accept the bid dated November 20, 2006 submitted by Vasilj, Inc., dba Ivanko in response to Specification WD-06-03 for providing labor and materials for Water Main Line Installations in Garfield Avenue (Howard Street to Washington Boulevard), Garfield Avenue (Mountain Street to Parke Street), and Worcester Avenue for the Water and Power Department; (2) Accept the bid dated November 20, 2006 submitted by J. DeSigio Construction, Inc., in response to Specification WD-06-03 for providing labor and materials for Water Main Line Installations in Mercedes Avenue, Morningside Street, Berkeley Avenue and Crosby Street for the Water and Power Department; (3) Reject all other bids; (4) Authorize a contract between the City and Vasilj, Inc., dba Ivanko not to exceed $881,980; and (5) Authorize a contract between the City and J. DeSigio Construction, Inc., not to exceed $1,191,907. 746k
(2) AGREEMENT WITH THE CITY OF SAN MARINO FOR DIAL-A-RIDE SERVICES Recommendation of City Manager: Authorize the City Manager to execute an agreement for Dial-A-Ride services with the City of San Marino for the period covering July 1, 2006 to June 30, 2007. Under the one-year contract, the City of San Marino will reimburse the City for the cost of the service to San Marino residents up to a maximum of $4,500 in FY 2007. 525k
(3) APPROVAL OF AN AGREEMENT WITH THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO PROMOTE USED MOTOR OIL RECYCLING Recommendation of City Manager: Authorize the City Manager, or her designee, to enter into an agreement with the California Integrated Waste Management Board to promote used motor oil recycling projects in the City of Pasadena. 550k
(4) APPROVAL OF FINAL TRACT MAP NO. 062031, FOR THE CREATION OF AN EIGHT-UNIT CONDOMINIUM PROJECT, AT 692- 694 SOUTH MARENGO AVENUE Recommendation of City Manager: Adopt a resolution to: (1) Approve Final Tract Map No. 062031; and (2) Authorize the City Clerk to execute the certificate on the map showing the City's approval of said map.
595k
(5) APPROVAL OF FINAL TRACT MAP NO. 062061, BEING A MIXED- USE PROJECT COMPRISED OF 71 AIR PARCELS FOR RESIDENTIAL CONDOMINIUM PURPOSES AND ONE COMMERCIAL SPACE, AT 770 EAST WALNUT STREET Recommendation of City Manager: Adopt a resolution to: (1) Approve Final Tract Map No. 062061; (2) Accept the offer of easement dedications for street purposes as shown on Tract Map No. 062061; and (3) Authorize the City Clerk to execute the certificate on the map showing the City's approval of said map and acceptance of said dedication. 808k
(6) AUTHORIZATION TO ENTER INTO A CONTRACT WITH PA CONSULTING FOR CONSULTING SERVICES TO DEVELOP AN ENERGY DATABASE AND REPORTING SYSTEM Recommendation of City Manager: Authorize the City Manager to enter into a contract with PA Consulting for consulting services to design an energy database and reporting system for the power system in an amount not to exceed $500,000. Competitive bidding is not required pursuant to City Charter Section 1002(F), contracts for professional or unique services. 1029k
(7) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA ADOPTING GUIDELINES FOR THE IMPLEMENTATION OF NEIGHBORHOOD COMPATIBILITY IN THE HILLSIDE OVERLAY DISTRICT Recommendation of City Manager: Adopt a resolution to provide guidelines for the implementation of Neighborhood Compatibility in the Hillside Overlay District. 885k
B. City Clerk
(1) Approval of Minutes - November 13, 2006
(2) Receive and file claims against the City of Pasadena
Claim No. 10,240 Donald C. Follett $ 1,507.19 Claim No. 10,242 Raffi Hanneyan 7,250.00 Claim No. 10,243 Jane Ro 1,709.07 Claim No. 10,244 Hattie Isaac Not Stated Claim No. 10,245 Kenneth Totrakarn Not Stated Claim No. 10,246 Mary Fry, Rose Tree Cottage 1,730.00 Claim No. 10,247 Aaliyah Hindman child of decedent Erica Hindman Not Stated Claim No. 10,248 Pasmoo, Inc., dba Moose McGillycuddy's 8,099.34 Claim No. 10,249 Ann Moorrees 3,285.00 Claim No. 10,250 Carol Sampson 6,893.61 Claim No. 10,251 Melissa Rosales 4,000.00+ Claim No. 10,252 Nidia Gomez 4,000.00+ Claim No. 10,253 Ana Rosales 4,000.00+ Claim No. 10,254 Lucy Ahn Not Stated
(3) Public Hearing Set
January 22, 2007, 7:30 p.m. - Call for Review to the City Council of Conditional Use Permit No. 4657 for 940 Avenue 64 (Installation, Operation, and Maintenance of Unmanned Telecommunication Equipment for Cingular Wireless)
4. OLD BUSINESS: None
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
A. Economic Development and Technology Committee
B. Finance Committee
C. Legislative Policy Committee
D. Municipal Services Committee
E. Public Safety Committee
F. Reports from Representatives
6. PUBLIC HEARINGS - 7:30 P.M.
A. PUBLIC HEARING: MINOR CONDITIONAL USE PERMIT NO. 3942, 1059 LAGUNA ROAD Recommendation of City Manager: (1) Acknowledge that an Initial Environmental Study recommending a Mitigated Negative Declaration was adopted by the Hearing Officer on December 17, 2003. Comments on the Initial Study and Mitigated Negative Declaration were received from November 26, 2003 to December 17, 2003, and orally at the public hearing. (2) Approve Minor Conditional Use Permit No. 3942 and the tree removal applications to allow construction of a single-family house with the condition that the size of the house (excluding the garage) not exceed 4,000 square feet. 6332k
B. PUBLIC HEARING: PROPOSED MUNICIPAL CODE AMENDMENTS TO REGULATE SEXUALLY ORIENTED BUSINESSES (See related Items 9.A.1. and 9.A.2.) Recommendation of City Manager: (1) Acknowledge the conclusion of the Initial Environmental Study (Attachment 2 of the agenda report), that no impacts on the environment would result from the proposed Municipal Code Amendments, and adopt the Negative Declaration (Attachment 3 of the agenda report); (2) Adopt the De Minimis Impact Finding on the State Fish and Wildlife Habitat (Attachment 4 of the agenda report); (3) Direct the City Clerk to file a Notice of Determination with the County Clerk; (4) Adopt the findings that the Municipal Code Amendments, as outlined in the agenda report, are consistent with the goals and objectives of the General Plan and the purposes of Title 5 and Title 17, as outlined in the body of the agenda report. (5) Approve the Municipal Code Amendments as outlined in the agenda report; and (6) Adopt an ordinance amending the Municipal Code to Regulate Sexually Oriented Businesses, as presented by the City Attorney. Recommendation of Planning Commission: On November 8 , 2006, after a public hearing, the Planning Commission: (1) Adopted the staff recommendation, which was that the City Council adopt the recommendations outlined above; (2) Recommended that any biennial review of the ordinance include an analysis of the cost of enforcing the ordinance and that such cost be reflected in the licencing fee for sexually oriented businesses; and (3) Recommended that staff provide the City Council with an analysis of the impacts that would result from allowing sexually oriented businesses in the IG Districts. The analysis requested by the Planning Commission is presented in the agenda report. In addition, the recommendation presented to the Planning Commission was to allow no more than two adult businesses within a 500 foot radius, and no change to the nomenclature was discussed with the Planning Commission. 1549k ATTACHMENT 1 1138k ATTACHMENT 2 5271k ATTACHMENTS 3 & 4 976k ATTACHMENTS 5 thru 7 430k HANDOUTS PROVIDED BY CITY ATTORNEY Part 1 4224k HANDOUTS PROVIDED BY CITY ATTORNEY Part 2 3275k CORRESPONDENCE 365k SECONDARY EFFECTS CASES & STUDIES VOLUME 1 Cases 4769 SECONDARY EFFECTS CASES & STUDIES VOLUME 2 Land Use Summaries 47k Austin, Texas 1986 1726k Indianapolis, IN 1984 2099k Garden Grove, CA 1991 1919k Houston, TX 1983 5680k Houston, TX 1997 709 Phoenix, AZ 1979 272k Phoenix, AZ Factual Record Cabarets 1995-1998 2899k Phoenix, AZ Factual Record Incall & Nude Studios 1995-1998 5661k SECONDARY EFFECTS CASES & STUDIES VOLUME 3 Chattanooga, TN 2003 4541k Los Angeles, CA 1977 3059k Whittier, CA 1978 529k Spokane, WZ Declaration Tim Szambelan 703k Spokane, WA Plan Comm Meeting 11-29-2000 1506k Spokane, WA Declaration Patricia Connolly Walker 2304k Spokane, WA Plan Comm Meeting 2-13-2002 Roberts Testimony 350k Spokane, WA Council Meeting 1-29-2001 1941k St. Cloud, MN 1994 2223k Littleton, CO 2004 208k Oklahoma City, OK 1986 131k SECONDARY EFFECTS CASES & STUDIES VOLUME 4 Dallas, TX 1997 867k Greensboro, NC McCleary Report 2003 403k Amarillo, TX 1977 593k Times Square, NY 1994 1955k State, MN 1989 1401k
7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Manager
(1) AMENDMENT TO POLICIES AND PROCEDURES FOR ESTABLISHING PREFERENTIAL PERMIT PARKING (PPP) PROGRAM Recommendation of City Manager: (1) Approve the amendment to the Procedures for Establishing Preferential Permit Parking District (Attachment 1 of the agenda report). (2) Acknowledge this project to be categorically exempt under the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301, existing facilities, and authorize the City Manager to execute, and the City Clerk to file, a Notice of Exemption (Attachment 2 of the agenda report) with the Los Angeles County Recorder. Recommendation of Transportation Advisory Commission: The Transportation Advisory Commission reviewed and concurred with the recommended amendments at its November 2, 2006 regular meeting. 1787k
(2) APPROVAL OF PROPOSED CHANGES TO THE PRIVATE DEVELOPMENT PUBLIC ART PROGRAM GUIDELINES Recommendation of City Manager: It is recommended that the City Council approve the revisions to the Private Development Public Art Program Guidelines as presented. Recommendation of the Arts and Culture Commission: On November 20, 2006, the Arts and Culture Commission unanimously recommended the approval of the revisions to the Private Development Public Art Program Guidelines. 3943k
B. City Council
(1) APPOINTMENT OF PAUL AREVALO TO THE ROSE BOWL OPERATING COMPANY BOARD (District 7 Nomination)
C. City Attorney
(1) PROPOSED BALLOT MEASURE TO EXTEND THE LIBRARY SPECIAL TAX BY AMENDING TITLE 4, CHAPTER 4.109 OF THE PASADENA MUNICIPAL CODE Recommendation of City Attorney: (1) Adopt "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION, TO BE CONSOLIDATED AND HELD WITH THE CITY OF PASADENA AND THE PASADENA UNIFIED SCHOOL DISTRICT PRIMARY NOMINATING ELECTION ON TUESDAY, MARCH 6, 2007, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY OF PASADENA AN ORDINANCE EXTENDING AND AMENDING CHAPTER 4.109 OF TITLE 4 OF THE PASADENA MUNICIPAL CODE, THE LIBRARY SPECIAL TAX, SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTING ON THE PROPOSAL WITHIN THE CITY OF PASADENA"; (2) Adopt "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS PERTAINING TO A PROPOSED MEASURE TO AMEND CHAPTER 4.109 OF TITLE 4 OF THE PASADENA MUNICIPAL CODE, THE LIBRARY SPECIAL TAX, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS"; (3) Acknowledge that this action is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the California Code of Regulations; and (4) Approve a journal voucher authorizing the Director of Finance to appropriate $12,000 from the Unappropriated General Fund fund balance to the City Clerk's Election Account No. 8114-101-263000. 103k
8. COMMUNITY DEVELOPMENT COMMISSION MEETING
A. Approval of Minutes - November 13, 2006
9. ORDINANCES
A. First Reading:
(1) Conduct first reading of "AN ORDINANCE OF THE CITY OF PASADENA AMENDING THE PASADENA MUNICIPAL CODE, TITLE 5, ESTABLISHING LICENSING REQUIREMENTS AND REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY" (See related Items 6.B. and 9.A.2.) 122k
(2) Conduct first reading of "AN ORDINANCE OF THE CITY OF PASADENA AMENDING THE PASADENA MUNICIPAL CODE, TITLE 17 (THE ZONING CODE), REGARDING THE REGULATION OF SEXUALLY ORIENTED BUSINESSES FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY" (See related Items 6.B. and 9.A.1.) 117k
(3) Conduct first reading of "AN ORDINANCE OF THE CITY OF PASADENA AMENDING THE OFFICIAL ZONING MAP ESTABLISHED BY TITLE 17, CHAPTER 20, SECTION 17.20.020 OF THE PASADENA MUNICIPAL CODE, AND AMENDING TITLE 17 (THE ZONING CODE) TO REMOVE PD-8 AND IMPLEMENT THE RM-32-OC AND RM-32-OC-HL-1 IN SELECTED AREAS" 1341k
(4) Conduct first reading of "AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 (THE ZONING CODE), HILLSIDE OVERLAY DISTRICT (CHAPTER 17.29) AND GLOSSARY (CHAPTER 17.80), VARIOUS MINOR AMENDMENTS AND CLARIFICATIONS" 804k
B. Second Reading: None
10. INFORMATION ITEMS: None
11. PUBLIC COMMENT (Continued)
12. CLOSED SESSIONS (Continued, if necessary)
13. 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., Pasadena
Senior Center,
85 E. Holly Street, Community Conference Room
December 18, 2006
January 15, 2007 (To be canceled due to holiday)
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 E. Colorado Boulevard, Conference Room – 4th Floor
December 11, 2006
December 25, 2006 (To be canceled due to holiday)
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
December 26, 2006
January 23, 2007
MUNICIPAL SERVICES COMMITTEE (Chair Sidney F. Tyler,
Steve Haderlein,
Joyce Streator)
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
December 12, 2006 (Special meeting at 3:00 p.m., Water and
Power Conference Room,
2nd Floor)
December 20, 2006
PUBLIC SAFETY COMMITTEE (Chair Steve Haderlein, Victor Gordo, Steve Madison)
Meets the first Monday of each month at 4:15 p.m., Pasadena
Senior Center,
85 E. Holly Street,
Community Conference Room
December 4, 2006 (Special Joint Meeting with the Pasadena
Unified School District
Facility
and Capital
Project Subcommittee, 4:15 p.m., Chamber Bldg, 117 E.
Colorado Boulevard, 4th Floor
Conference Rm)
January 1, 2007 (To be canceled due to holiday)
December 11, 2006
December 18, 2006
December 25, 2006 (To be cancelled)
January 1, 2007 (To be cancelled)
January 8, 2007
January 15, 2007 (To be cancelled)
January 17, 2007 - Mayor
=s State of the City Address, Hamilton ElementaryJanuary 22, 2007
January 29, 2007
February 5, 2007
February 12, 2007 (To be cancelled)
February 19, 2007 (To be cancelled)
February 26, 2007
FUTURE PUBLIC HEARINGS:
December 11, 2006, 7:30 p.m. - Granting of Non-Exclusive
Solid Waste
Franchises
December 11, 2006, 7:30 p.m. - Caltech Master Plan
December 11, 2006, 7:30 p.m. - Call for Review of Tentative
Parcel Map
No. 0611676 and Hillside Development Permit No. 4395, 720 S. San Rafael
Avenue (725 Hillside Terrace)
December 18, 2006, 7:30 p.m. - Zone Code Amendment Including
Revision To;
Home Occupation Permits, Recycling Centers, Take out Windows for Restaurants,
and Historic Preservation Provisions to Provide Protection to Potential Historic
Resources While a Designation Is under Consideration
January 8, 2007, 7:30 p.m. - Continued Public Hearing: Monte
Vista Grove Homes
Master Development Plan, 2889 San Pasqual Street
January 22, 2007, 7:30 p.m. - Call for Review to the City
Council of Conditional Use
Permit No. 4657 for 940 Avenue 64 (Installation, Operation, and Maintenance of
Unmanned Telecommunication Equipment for Cingular Wireless)
COMMISSION VACANCIES 373k