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                                                 AGENDA
         CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
                                         OCTOBER 27, 2008

                                     Closed Sessions 5:30 P.M.
                                      Public Meeting 6:30 P.M.
                                     Public Hearings 7:30 P.M.
                            Council Chamber, Pasadena City Hall
                           100 North Garfield Avenue, Room S249

                                     Teleconference Location:
                                              Residence 
                                     580 West Howard Street
                                   Pasadena, California 91103
                                        

5:30 P.M.  CLOSED SESSION
(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)
    Case Name: Hindman v. City of Pasadena, et al.
    Case No.: BC369577    

B. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to
    Government Code Section 54957.6 
    City Representatives: Karyn S. Ezell and Arthur Chavez
    Employee Organization: Unrepresented Top, Middle and Professional
    Management Employees

6:30 P.M.  PUBLIC MEETING

1. ROLL CALL, PLEDGE OF ALLEGIANCE, CEREMONIAL MATTERS AND
    SPECIAL PRESENTATION

  A.  PRESENTATION BY ASSEMBLYMEMBER ANTHONY PORTANTINO
       REGARDING THE STATE OF THE STATE (To be heard at 7:00 p.m.)

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 OF SUBMITTAL OF GRANT APPLICATIONS AND
           ADOPTION OF RESOLUTIONS FOR THE URBAN STREAMS
           RESTORATION AND THE CALIFORNIA RIVER PARKWAYS GRANT
           PROGRAMS
           Recommendation of City Manager: 
           (1) Adopt a resolution authorizing an application for the Proposition 84,
           California River Parkways Grant Program/Urban Streams Restoration
           Grant Programs in the amount of $1,262,950 to implement the Berkshire
           Creek Improvement Project in Hahamongna Watershed Park (CIP
           Project No. 77508, No. 77509); and
           (2) Adopt a resolution authorizing an application for the Proposition 84,
           California River Parkways Grant Program/Urban Streams Restoration
           Grant Programs in the amount of $2,575,000 to implement the Upper
           Arroyo Seco Stream Sustainability Project (CIP Project No. 1040).

	959k

	EXHIBIT A 360k

      (2) CONTRACT AWARD TO YAKAR FOR THE INSTALLATION OF
           STREET LIGHTING AND STREET TREES IN THE PASADENA
           PLAYHOUSE DISTRICT, PHASE II, FOR AN AMOUNT NOT TO
           EXCEED $964,000
           Recommendation of City Manager:  
           (1) Accept the bid dated October 17, 2008, submitted by Yakar, in
           response to the Specifications for the Installation of Street Lighting and
           Street Trees in the Pasadena Playhouse District, Phase II, reject all
           other bids received, and authorize the City Manager to enter into such
           contract as is required for an amount not to exceed $964,000; 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 (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.

	714k

      (3) APPROVAL OF THE MEMORANDUM OF UNDERSTANDING
           BETWEEN THE CITY OF PASADENA AND PASADENA
           MANAGEMENT ASSOCIATION FOR THE TERM OF APRIL 1, 2008
           THROUGH MARCH 17, 2012
           Recommendation of City Manager: It is recommended that the City
           Council approve a successor Memorandum of Understanding between
           the City of Pasadena and the Pasadena Management Association
           (PMA) for a four-year term covering the period April 1, 2008, through
           March 17, 2012. 

	723k

   B.  City Clerk

       (1) Approval of Minutes   -   October 13, 2008  

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

           Claim No. 10,721   Esperanza Hernandez  $     6,179.94
           Claim No. 10,722   Dommond Lonnie                76.41
           Claim No. 10,723   Esurance, Inc.           Not Stated
           Claim No. 10,724   John Andre Gougeon         1,338.51
           Claim No. 10,725   The Madison Company      Not Stated       

       (3) Public Hearing Set

           November 17, 2008 at 7:30 p.m. - North Los Robles Zoning Overlay
           District

4. OLD BUSINESS: None           

5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES

   A.  Economic Development and Technology Committee

   B.  Finance Committee

      (1) PURCHASE OF EXCESS LIABILITY INSURANCE FROM EVEREST
           NATIONAL INSURANCE COMPANY AND ALLIED WORLD
           NATIONAL ASSURANCE COMPANY NOT TO EXCEED $340,000
           Recommendation of City Manager:  
           (1) Authorize the binding of coverage for the purchase of excess
           liability insurance with limits of (a) $10,000,000 excess of a $5,000,000
           self-insured retention from Everest National Insurance Company, and
           (b) $10,000,000 excess of $15,000,000 from Allied World National
           Assurance Company, at a total annual premium not to exceed
           $340,000.  Competitive bidding is not required pursuant to City Charter
           Section 1002(F), contracts for professional or unique services; 
           (2) Authorize up to four subsequent annual renewals, without further
           City Council action, to bind coverage for the purchase of excess liability
           coverage provided the annual premium does not exceed $400,000 for
           the same policy limits; and 
           (3) 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.

	572k

      (2) PASADENA CONFERENCE CENTER EXPANSION PROJECT
           UPDATE
           Recommendation of Pasadena Center Operating Company: This
           report is for informational purposes only. 

	620k

   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: FORMATION OF THE CITY OF PASADENA
       ANNANDALE CANYON OPEN SPACE BENEFIT ASSESSMENT DISTRICT
       Recommendation of City Manager: It is recommended that the City
       Council: 
       (1) Conduct a public hearing on the proposed establishment of an Open
       Space Benefit Assessment District, to levy an assessment thereon, and to
       issue Assessment District bonds to represent unpaid assessments.
           It is further recommended that upon closing the public comment portion
       of the public hearing, that the City Council:
       (2) Order the tabulation of all ballots received and not withdrawn, and
       request a report of the tabulation results as soon as possible.
       (3) Adopt a resolution declaring the results of a property owner protest
       ballot proceeding for the Annandale Canyon Open Space Benefit
       Assessment District.
           If no majority protest exists, it is further recommended that the City
       Council determine to delay commencement of cash collection period until a
       decision to purchase is made, and it is further recommended that the City
       Council adopt a resolution making certain findings, approving the Engineer's
       Report, approving the formation of the Annandale Canyon Open Space
       Benefit Assessment District, and approving and confirming the levy of
       assessments for said Assessment District.   

	1641k

	RESOLUTION DECLARING THE RESULTS OF A PROPERTY 
	OWNER PROTEST BALLOT PROCEEDING 396k

	RESOLUTION APPROVING ENGINEERS REPORT 1028k

	EXHIBITS A & B TO RESOLUTION APPROVING ENGINEERS 
	REPORT 3945k

	ENGINEERS REPORT 890k

	SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

	CORRESPONDENCE 317k

  B.  JOINT PUBLIC HEARING: DRAFT CONSOLIDATED ANNUAL
       PERFORMANCE AND EVALUATION REPORT (2007-2008 PROGRAM
       YEAR) FOR PROJECTS FUNDED FROM COMMUNITY DEVELOPMENT
       BLOCK GRANT, EMERGENCY SHELTER GRANT, HOME INVESTMENT
       PARTNERSHIP ACT, AND HUMAN SERVICES ENDOWMENT FUND
       PROGRAMS; CDBG REQUEST FOR PROPOSALS FOR NON-PUBLIC
       SERVICES PROJECTS (2009-2010 PROGRAM YEAR) 
       Recommendation of City Manager/Chief Executive Officer: It is
       recommended that the City Council/Community Development Commission,
       following the public hearing, take the following actions:
       (1) Approve the submission to the U.S. Department of Housing and Urban
       Development ("HUD") of the Draft Consolidated Annual Performance and
       Evaluation Report ("CAPER") for the 2007-2008 Program Year for projects
       funded under the Community Development Block Grant ("CDBG"),
       Emergency Shelter Grant, HOME Investment Partnership Act, and Human
       Services Endowment Fund programs; and
       (2) Authorize the issuance of the CDBG Request for Proposals for funding
       of Non-Public Services Projects for the 2009-2010 Program Year. 

	4847k

	DRAFT CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION
	REPORT 2007-2008 23884k

7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS

   A.  City Manager

   B.  City Council

8. COMMUNITY DEVELOPMENT COMMISSION MEETING

   A.  Approval of Minutes   -   October 13, 2008

  B.  JOINT PUBLIC HEARING: DRAFT CONSOLIDATED ANNUAL
       PERFORMANCE AND EVALUATION REPORT (2007-2008 PROGRAM
       YEAR) FOR PROJECTS FUNDED FROM COMMUNITY DEVELOPMENT
       BLOCK GRANT, EMERGENCY SHELTER GRANT, HOME INVESTMENT
       PARTNERSHIP ACT, AND HUMAN SERVICES ENDOWMENT FUND
       PROGRAMS; CDBG REQUEST FOR PROPOSALS FOR NON-PUBLIC
       SERVICES PROJECTS (2009-2010 PROGRAM YEAR) (See Item 6.B.)   

9. ORDINANCES

   A.  First Reading: None 

   B.  Second Reading:

      (1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING
           TITLE 8 OF THE PASADENA MUNICIPAL CODE TO ADD NEW
           SECTIONS TO CHAPTER 8.78 TO PROHIBIT SMOKING IN
           OUTDOOR PUBLIC PLACES AND ADDITIONAL DEFINITIONS TO
           SECTION 8.78.040"(Introduced by Councilmember Gordo)       

	846k                            

      (2) Adopt "AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA
           GRANTING ASSIGNMENT OF A NON-EXCLUSIVE SOLID WASTE
           FRANCHISE FROM LOONEY BINS, INC., TO USA WASTE OF
           CALIFORNIA, INC., DBA WASTE MANAGEMENT AND AMENDING
           ORDINANCE NO. 7087" (Introduced by Vice Mayor Haderlein)

	613k

10.    INFORMATION ITEMS: 

  A.  SUMMARY OF CITY COUNCIL POSITIONS ON MEASURES ON
       NOVEMBER 4, 2008 BALLOT
       Recommendation of City Manager: This report is for information only.

	598k

11.    PUBLIC COMMENT (Continued)

12.    CLOSED SESSIONS (Continued, if necessary)

13.    ADJOURNMENT


                                               SCHEDULED
                         COUNCIL STANDING COMMITTEES

ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE (Chair Victor Gordo,
Bill Bogaard, Steve Madison, Jacque Robinson)

January 5, 2009


                         FUTURE COUNCIL MEETING DATES

COMMISSION VACANCIES 378k