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                                                AGENDA
         CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
                                             JULY 27, 2009

                                    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                                        

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 to discuss pending
    litigation pursuant to Government Code Section 54956.9(a)
    Case Name: Henderson v. City of Pasadena
    Case No.: Los Angeles Superior Court Case No. BC394228

B. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL REGARDING
    CONSIDERATION OF INITIATION OF LITIGATION pursuant to Government
    Code Section 54956.9(c): One potential case

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 10 (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) AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
           AGREEMENT WITH CALIFORNIA UTILITIES EMERGENCY
           ASSOCIATION TO PROVIDE FOR DISASTER RESPONSE AND
           MUTUAL ASSISTANCE FOR THE WATER AND POWER
           DEPARTMENT
           Recommendation of City Manager: Authorize the City Manager to
           enter into a California Utilities Emergency Association Mutual Assistance
           Agreement (Agreement) with members of the California Utilities
           Emergency Association (CUEA), to provide for disaster response and
           mutual assistance for the Water and Power Department (Department).

	570k

      (2) CONTRACT AWARD TO REPUBLIC ITS, INC., FOR THE
           REPLACEMENT OF VEHICLE AND PEDESTRIAN HEADS CITYWIDE,
           FOR AN AMOUNT NOT TO EXCEED $1,300,000
           Recommendation of City Manager: 
           (1) 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
           (2) Accept the bid dated June 1, 2009, submitted by Republic ITS,
           Inc., in response to the Specifications for the Replacement of Vehicle
           and Pedestrian Heads Citywide, reject all other bids received, and
           authorize the City Manager to enter into such contract as is required, for
           an amount not to exceed $1,300,000.

	733k

   B.  City Council

      (1) APPROVAL OF AN AMENDMENT TO THE EMPLOYMENT
           CONTRACT WITH CITY CLERK MARK JOMSKY
           Recommendation of Mayor: It is recommended that the City Council
           approve the Amendment to Contract No. 19,710, the Employment
           Agreement between the City of Pasadena and City Clerk Mark Jomsky,
           effective July 20, 2009.

	480k

   C.  City Clerk/Secretary

      (1) Approval of Minutes          

           June 22, 2009 (City Council)
           June 22, 2009 (Community Development Commission)
           June 29, 2009 (City Council)
           June 29, 2009 (Community Development Commission)
           July 6, 2009 (City Council)
           July 6, 2009 (Community Development Commission)

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

           Claim No. 10,914   Ernest H. MacMillan, Attorney    $                Not Stated
                                       for Patricia De Sourdis
           Claim No. 10,915   State Farm Insurance Companies,                   4,289.02
                                       Subrogee for Leila Crawford      
           Claim No. 10,916   AT&T                                                               483.47
           Claim No. 10,917   Gerald L. Marcus, Attorney for                      Not Stated
                                       Sharon Lynn Hill   

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: ZONING CODE AMENDMENT: AN AMENDMENT TO
       CHAPTER 17.71 (NONCONFORMING USES, STRUCTURES, AND LOTS)
       OF THE CITY'S ZONING CODE (TITLE 17)
       Recommendation of City Manager: It is recommended that the Council,
       after a public hearing:
       (1) Acknowledge that the proposed Zoning Code amendment, to clarify the
       definition of the termination by discontinuance, does not have the potential for
       causing a significant effect on the environment and thus, under the California
       Environmental Quality Act's (CEQA) General Exemption, is exempt from
       further environmental assessment;
       (2) Find that the adoption of these proposed Zoning Code amendments
       related to Nonconforming Uses, Structures, and Lots is consistent with the
       goals, objectives and policies of the General Plan and the purposes of the
       Pasadena Municipal Code, Title 17 (Zoning Code), as outlined in the body of
       the agenda report;
       (3) Approve an amendment to the Zoning Code removing any references to
       "intent" as it relates to termination by discontinuance; and
       (4) Approve the first reading of the ordinance that implements these
       recommendations as described in the agenda report.
       Recommendation of Planning Commission: The Planning Commission, at
       the July 8, 2009 Public Hearing, recommended approval of these
       amendments with one modification that is to require that the property owner
       have the burden of proof to show that the use has not been discontinued for
       more than 12 months.  This change is incorporated in the proposed
       ordinance.

	824k

  B.  CONTINUED PUBLIC HEARING: APPEAL OF CODE ENFORCEMENT
       COMMISSION PANEL ORDER REGARDING SUPER LIQUOR - 125 EAST
       ORANGE GROVE BOULEVARD
       Recommendation of City Manager: It is recommended that the City
       Council:
       (1) Conduct a public hearing; and
       (2) Following the public hearing, confirm the action of Panel No. 3 of the
       Code Enforcement Commission to impose Conditions 1 through 20 found in
       Attachment 1 of the agenda report.

	903k

	ATTACHMENT 1 371k

	ATTACHMENT 2 3898k

	ATTACHMENT 3 1262k

	CORRESPONDENCE 189k

7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS

   A.  City Manager

      (1) DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO
           INCREASE THE ELECTRIC UTILITY ASSISTANCE PROGRAM BASIC
           BENEFIT, DESCRIBED IN PASADENA MUNICIPAL CODE SECTIONS
           13.04.040(F) AND 13.04.045(F), FROM $5.00 PER MONTH TO $7.50
           PER MONTH
           Recommendation of City Manager: Direct the City Attorney to prepare
           an ordinance to increase the Electric Utility Assistance Program (EUAP)
           basic benefit, described in Pasadena Municipal Code (PMC) Sections
           13.04.040(F) and 13.04.045(F), from $5.00 per month to $7.50 per
           month.

	1718k

      (2) ADOPTION OF A RESOLUTION OF INTENT AND FIRST READING
           OF AN UNCODIFIED ORDINANCE TO AMEND THE CONTRACT
           BETWEEN THE CITY OF PASADENA AND THE CALIFORNIA
           PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO IMPLEMENT THE
           PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT
           (GOVERNMENT CODE SECTION 21548) AND THE FOURTH LEVEL
           OF 1959 SURVIVOR BENEFITS (GOVERNMENT CODE SECTION
           21574) FOR LOCAL POLICE MEMBERS
           Recommendation of City Manager:
           (1) Adopt a Resolution of Intent to approve an amendment to the
           contract between the Board of Administration of the California Public
           Employees' Retirement System (CalPERS) and the City Council of the
           City of Pasadena to implement the Pre-Retirement Optional Settlement
           2 Death Benefit (Government Code Section 21548) and the Fourth
           Level of 1959 Survivor Benefits (Government Code Section 21574) for
           local police members; and,
           (2) Introduce and conduct the first reading of an Uncodified Ordinance
           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 the Pre-Retirement Optional
           Settlement 2 Death Benefit (Government Code Section 21548) and the
           Fourth Level of 1959 Survivor Benefits (Government Code Section
           21574) for local police members.

	2086k

   B.  City Council

      (1) RESIGNATION OF GREGORY HUGHES FROM THE CODE
           ENFORCEMENT COMMISSION (District 7 Nomination)

	89k

      (2) APPOINTMENT OF KEN FARLEY TO THE ENVIRONMENTAL
           ADVISORY COMMISSION (District 7 Nomination)

      (3) APPOINTMENT OF PAUL SECORD TO THE HISTORIC
           PRESERVATION COMMISSION (At Large/District 6 Nomination)

8. ORDINANCES

   A.  First Reading: 

      (1) Conduct first reading of "AN ORDINANCE OF THE CITY OF
           PASADENA AMENDING SECTION 17.71.060(B) OF THE PASADENA
           MUNICIPAL CODE RELATING TO TERMINATION OF
           NONCONFORMING USES" (To be discussed concurrently with 
           Item 6.A.)

	793k

      (2) Conduct first reading of "AN ORDINANCE OF THE CITY OF
           PASADENA REPEALING CHAPTER 9.44 OF THE PASADENA
           MUNICIPAL CODE (DISTRIBUTION OF UNSOLICITED WRITTEN
           MATERIAL) AND ADOPTING A NEW CHAPTER 9.44 (HANDBILLS)"

	2018k

	SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

	CORRESPONDENCE 686k

      (3) Conduct first reading of "AN UNCODIFIED ORDINANCE 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
           POLICE EMPLOYEES" (To be discussed concurrently with Item 7.A.2.)

	2015k

   B.  Second Reading: None        

9. INFORMATION ITEMS: None

10.    PUBLIC COMMENT (Continued)

11.    CLOSED SESSIONS (Continued, if necessary)

12.    ADJOURNMENT


                                               SCHEDULED
                         COUNCIL STANDING COMMITTEES

ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE (Chair Victor Gordo,
Steve Madison, Jacque Robinson, Terry Tornek)

October 5, 2009


                         FUTURE COUNCIL MEETING DATES

COMMISSION VACANCIES 448k