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                                                  AGENDA
         CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
                                       SEPTEMBER 22, 2008

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

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)
    Case Name: Hindman v. City of Pasadena, et al.
    Case No.: BC369577 

B. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL REGARDING
    PENDING LITIGATION pursuant to Government Code Section 54956.9(a)
    Case Name: Los Angeles Engineering, Inc., v. City of Pasadena
    Case No.: Los Angeles Superior Court Case No. BC382944

C. CITY COUNCIL CONFERENCE WITH REAL PROPERTY NEGOTIATORS
    pursuant to Government Code Section 54956.8:
    Property Locations: 40 North Altadena Drive; 3018 and 3030 East Colorado
    Boulevard 
    Agency Negotiators: Bernard K. Melekian, Stephanie DeWolfe
    Negotiating Parties: Eva Kwok, Property Manager/Leasing Agent; Carlo
    Matricardi and Douglas Cancienne, Brokers
    Under Negotiation: Price and terms of payment                                        

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) ASSIGNMENT OF NON-EXCLUSIVE SOLID WASTE FRANCHISE
           FROM LOONEY BINS, INC., TO USA WASTE OF CALIFORNIA, INC.,
           DBA WASTE MANAGEMENT
           Recommendation of City Manager:  Direct the City Attorney to prepare
           an amendment to Ordinance No. 7087 that approves the transfer and
           assignment of the non-exclusive solid waste franchise from Looney
           Bins, Inc., to the new owner, USA Waste of California, Inc., dba Waste
           Management. 

	504k

      (2) ADOPT A RESOLUTION APPROVING A LICENSE AGREEMENT
           BETWEEN THE CITY OF PASADENA AND MS PROPERTY
           COMPANY FOR THE INSTALLATION OF PRIVATE IMPROVEMENTS
           WITHIN THE PUBLIC RIGHT-OF-WAY ALONG COLORADO
           BOULEVARD AT 355 EAST COLORADO BOULEVARD
           Recommendation of City Manager:
           (1) Find that the activity described in the License Agreement was
           subject to adequate environmental review in the Mitigated Negative
           Declaration adopted by Council for the Montana I and II projects on
           March 29, 2004, and that no further environmental review is required; 
           (2) Adopt a resolution approving a License Agreement with MS
           Property Company, for property located at 355 East Colorado
           Boulevard, with terms and conditions as set forth in the License
           Agreement; and
           (3) Authorize the City Manager to execute and the City Clerk to attest
           said License Agreement on behalf of the City of Pasadena.

	 1028k

      (3) CONTRACT AWARD TO DIVERSIFIED LANDSCAPE MANAGEMENT,
           INC., FOR THE LANDSCAPING OF NEW YORK DRIVE MEDIAN
           ISLANDS FROM SIERRA MADRE BOULEVARD TO 700 FEET
           SOUTH OF BRADLEY STREET, FOR AN AMOUNT NOT TO EXCEED
           $87,500
           Recommendation of City Manager:  
           (1) Accept the bid dated September 10, 2008, submitted by Diversified
           Landscape Management, Inc., in response to the Specifications for the
           Landscaping of New York Drive Median Islands from Sierra Madre
           Boulevard to 700 feet South of Bradley Street; reject all other bids
           received; and authorize the City Manager to enter into a contract not to
           exceed $87,500; and
           (2) Acknowledge the project to be categorically exempt under Article
           19, Section 15304, subsection (b) of the California Environmental
           Quality Act (CEQA) in accordance with Section 21084 of the Public
           Resources Code.

	618k

      (4) AUTHORIZE THE PURCHASE OF A POLICE HELICOPTER WITH
           IMPROVED QUIET TECHNOLOGY FOR AN AMOUNT NOT TO
           EXCEED $2,069,000
           Recommendation of City Manager:  
           (1) Authorize the issuance of a purchase order to MD Helicopters
           Incorporated not to exceed $2,069,000 for the purchase of (1) MD 500 E
           police helicopter; and 
           (2) Grant the proposed purchase order exemption from competitive
           bidding pursuant to City Charter Section 1002(H), contracts with other
           governmental entities or their contractors.  MD Helicopters Incorporated
           is a military contractor and the City of Houston, Texas has a purchase
           order to purchase eight of the same make and model helicopters.   

	602k

   B.  City Council

      (1) APPROVAL OF AGREEMENT FOR EMPLOYMENT BETWEEN THE
           CITY OF PASADENA AND MICHAEL J. BECK
           Recommendation of Mayor: Approve the Agreement of Employment
           between the City of Pasadena and Michael J. Beck for his services as
           City Manager effective October 1, 2008, and approve a journal voucher
           transferring necessary funds from the General Fund Personnel Reserve
           to the City Manager's Office budget.

	2597k

   C.  City Clerk

       (1) Approval of Minutes   -   September 8, 2008 

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

           Claim No. 10,694   Rex and Patricia Christenson         $      600.00
           Claim No. 10,695   George Viloria                                 Not stated
           Claim No. 10,696   Harold Gaylord                                   2,869.57
           Claim No. 10,697   Irene McGowan                               Not stated
           Claim No. 10,698   Andrew Pastoral                                1,716.41
           Claim No. 10,699   Sharon Villalba                               Not stated

       (3) Public Hearing Set

           October 27, 2008, 7:30 p.m. - Joint Public Hearing:  Draft Consolidated
           Annual Performance and Evaluation Report (CAPER) for July 1, 2007 -
           June 30, 2008 for Community Development Block Grant (CDBG);
           Emergency Shelter Grant (ESG); Home Investment Partnership Act
           (HOME); Human Services Endowment Fund (HSEF)   

4. OLD BUSINESS: None

5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES

   A.  Economic Development and Technology Committee   

   B.  Finance Committee

      (1) APPROVAL OF A JOURNAL VOUCHER AMENDING PROJECTS IN
           THE FISCAL YEAR 2009 CAPITAL IMPROVEMENT PROGRAM
           BUDGET
           Recommendation of City Manager: 
           (1) Amend the FY 2009 Capital Improvement Program budget to
           create the Traffic Light Synchronization Program (75710) and the Rose
           Bowl Drive Slope Protection (77460) projects; and
           (2) Approve the journal voucher with a net increase of $6,655,672
           amending 21 projects in the Fiscal Year 2009 Capital Improvement
           Program as detailed on Attachment A of the agenda report.
           Recommendation of Planning Commission: On July 23, 2008, the
           Planning Commission found the two new projects listed above
           consistent with the General Plan.

	2297k

      (2) CONTRACT AWARD TO S.H.E. ENGINEERING & CONSTRUCTION
           GROUP, INC., FOR THE LAKE AVENUE BRIDGE ENHANCEMENTS
           FOR AN AMOUNT NOT TO EXCEED $2,375,000
           Recommendation of City Manager:   
           (1) Accept the bid, dated June 19, 2007, submitted by S.H.E.
           Engineering & Construction Group, Inc., for the Lake Avenue Bridge
           Enhancements; reject all other bids received; and authorize the City
           Manager to enter into such contract for a "not to exceed" amount of
           $2,375,000;
           (2) Approve a journal voucher recognizing and appropriating $200,000
           from the Public Benefits Charge Operating Budget Account No. 8176-
           410-831700-0914-22-21840 to the Lake Avenue Light Rail
           Enhancements Capital Improvement Program (CIP) project (Budget
           Account No. 75038);
           (3) Transfers $700,000 of Gold Line Surplus funds from the Gold Line
           Phase I - Project Enhancements CIP project (Budget Account No.
           75506) and $300,000 from Water and Power 's PV Distributed
           Generation Systems, CIP project (Budget Account No. 3163) to the
           Lake Avenue Light Rail Enhancements CIP project (Budget Account No.
           75038); and
           (4) Find that the categorical exemption that was previously filed on
           February 10, 2004 under Section 15301 (Class 1, existing facilities) of
           the California Environmental Quality Act (CEQA) applies to this project.

	1024k

   C.  Legislative Policy Committee

      (1) RESOLUTION OF THE CITY COUNCIL IN SUPPORT OF THE
           PASADENA, ALTADENA, SIERRA MADRE SCHOOL IMPROVEMENT
           BOND (PROPOSITION TT ON THE NOVEMBER 4, 2008 BALLOT)
           Recommendation of City Council Legislative Policy Committee:  It
           is recommended that the City Council adopt a resolution supporting
           Proposition TT. 

	873k

      (2) OPPOSE PROPOSITION 5 - THE NONVIOLENT OFFENDER
           REHABILITATION ACT 
           Recommendation of City Manager: It is recommended that the City
           Council oppose Proposition 5 (the Nonviolent Offender Rehabilitation
           Act of 2008).

	479k

   D.  Municipal Services Committee

   E.  Public Safety Committee

   F.  Reports from Representatives

6. PUBLIC HEARING - 7:30 P.M.   

  A.  CONTINUED PUBLIC HEARING: SET A SCHEDULE OF PENALTIES FOR
       VIOLATION OF WATER SHORTAGE PLAN II (PASADENA MUNICIPAL
       CODE SECTION 13.10.045) (See related Item 9.A.1.)
       Recommendation of City Manager:  
       (1) Conduct a public hearing pursuant to Pasadena Municipal Code (PMC)
       Section 13.10.035, Water Shortage Plan Implementation, for the purposes of
       determining an appropriate schedule of penalties for violation of Water
       Shortage Plan II; and
       (2) Approve the schedule of penalties described in the agenda report. 
       Recommendation of Environmental Advisory Commission: At its meeting
       of September 16, 2008, the Environmental Advisory Commission supported
       the recommendation of staff that the City Council approve the penalty
       schedule, described in the agenda report, for violation of Water Shortage
       Plan II. 

	902k

7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS

   A.  City Manager

      (1) MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND
           COST SHARING OF THE COORDINATED MONITORING PLAN FOR
           THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL
           MAXIMUM DAILY LOAD (TMDL)
           Recommendation of City Manager: Approve the monitoring
           administration and cost sharing Memorandum of Agreement (MOA) with
           the Gateway Cities Council of Governments and authorize the City
           Manager to execute the MOA.

	585k

   B.  City Council

       (1) RESIGNATION OF THELMA JOHNSON FROM THE ARTS AND
           CULTURE COMMISSION (District 3 Nomination)       

	  106k

8. COMMUNITY DEVELOPMENT COMMISSION MEETING

   A.  Approval of Minutes  -  September 8, 2008

9. ORDINANCES

   A.  First Reading:

      (1) Conduct first reading of "AN ORDINANCE OF THE CITY OF
           PASADENA AMENDING THE WATER SHORTAGE PROCEDURES
           ORDINANCE, CHAPTER 13.10 OF THE PASADENA MUNICIPAL
           CODE" (See related Item 6.A., at 7:30 p.m.)

	672k

      (2) Conduct first reading of "AN ORDINANCE OF THE CITY OF
           PASADENA AMENDING CHAPTER 8.61 OF THE PASADENA
           MUNICIPAL CODE ("SOLID WASTE COLLECTION FRANCHISE
           SYSTEM") REGARDING FRANCHISE REQUIREMENTS FOR THE
           COLLECTION OF SOLID WASTE AND RELATED AMENDMENTS"

	619k

	ORDINANCE 7425k

   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,
Bill Bogaard, Steve Madison, Jacque Robinson)

                         FUTURE COUNCIL MEETING DATES