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                                               AGENDA
        CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
                                       NOVEMBER 2, 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 regarding pending
    litigation pursuant to Government Code Section 54956.9(a)
    Case Name: Gregory Robinson v. City of Pasadena
    Case No.: LASC BC419218

B. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to
    Government Code Section 54957.6
    Agency Negotiator: Karyn Ezell
    Employee Organization: Pasadena Management Association                              

C. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to
    Government Code Section 54957.6
    Agency Negotiator: Karyn Ezell
    Employee Organizations: American Federation of State, County and
    Municipal Employees, Local 858; International Brotherhood of Electrical
    Workers, Local 18; International Union of Operating Engineers, Local 501;
    Pasadena Fire Fighters Association, Local 809; Pasadena Fire Fighters
    Management Association; Pasadena Police Officers Association, Pasadena
    Police Sergeants Association; Pasadena Management Association; Service
    Employees International Union, Local 721; Pasadena Association of Clerical
    and Technical Employees, LIUNA Local 777 and all Unrepresented
    Employees 

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) RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO
           THE ENVIRONMENTAL ENHANCEMENT MITIGATION PROGRAM
           FOR THE TREES AND NATIVE PLANT PROJECT IN PASADENA
           Recommendation of City Manager:   It is recommended that the City
           Council:
           (1) Find that the tree plantings proposed in the agenda report:
               (a)       are exempt from the California Environmental Quality Act
           (CEQA) pursuant to State CEQA Guidelines Section 15304 (b) (Minor
           Alterations to Land - new landscaping); and
               (b)       are included in the projects reviewed in the Arroyo Seco
           Master Plan Master EIR that was certified in 2003, and there are no
           changed circumstances or new information that would require further
           environmental review.
           (2) Adopt a resolution authorizing submittal of an application to the
           Environmental Enhancement Mitigation Program for the planting of trees
           at various locations along City streets and Native Plant Restoration
           Project in the Arroyo Seco.  
           Recommendation of Recreation and Parks Commission: At their
           regular meeting on October 6, 2009, the Recreation and Parks
           Commission voted unanimously to recommend the City Council approve
           the City of Pasadena's application for the Environmental Enhancement
           Mitigation Program of 2009-2010 for the Tree and Native Plant Project in
           Pasadena. 

	

      (2) CONTRACT AWARD TO PIMA CORPORATION DBA ADVANCED
           CONSTRUCTION FOR FILLMORE TRANSIT PLAZA - FILLMORE
           STREET FROM RAYMOND AVENUE TO 175 FEET EAST FOR AN
           AMOUNT NOT TO EXCEED $220,000
           Recommendation of City Manager:  
           (1) Find that, on September 9, 2009, the project was found to be
           categorically exempt under California Environmental Quality Act (CEQA)
           Guidelines Section 15301 (Class 1), Subsection (c) (maintenance of
           existing public streets), a Notice of Exemption for the project was filed
           with the Los Angeles County Clerk on September 25, 2009 and there
           are no changed circumstances or new information which would require
           further environmental review; and 
           (2) Accept the bid, dated October 21, 2009, submitted by Pima
           Corporation dba Advanced Construction for the Fillmore Transit Plaza -
           Fillmore Street from Raymond Avenue to 175 Feet East, reject all other
           bids received, and authorize the City Manager to enter into such
           contract not to exceed $220,000 which consists of $158,070 base bid,
           $19,930 in contingency allowance, and $42,000 in additional work.

	

	EXHIBIT A

      (3) ADOPTION OF RESOLUTIONS FROM THE CALIFORNIA
           DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S URBAN
           FORESTRY GRANT PROGRAM FOR EDUCATION AND INVENTORY
           PROJECTS
           Recommendation of City Manager:  
           (1) Find that the actions proposed herein are exempt from the
           California Environmental Quality Act (CEQA) pursuant to State CEQA
           Guidelines Sections 15306 (information collection) and 15322
           (educational or training programs involving no physical changes);
           (2) Adopt a resolution authorizing an application for the competitive
           Urban Forestry Education Grant program of 2008-2009 in the amount of
           $91,000 to educate the public on the specific and direct benefits of trees
           in the urban environment, with a focus on sustainability; and
           (3) Adopt a resolution authorizing an application for the competitive
           Urban Forestry Inventory Grant program of 2008-2009 in the amount of
           $200,000 to implement new software, data collection processes, and
           update information on the City's street tree canopy. 

	

      (4) AUTHORIZATION TO ENTER INTO A CONTRACT WITH POWER
           ENGINEERS, INC., FOR OWNER'S ENGINEERING SERVICES AND
           WORLEYPARSONS GROUP, INC., FOR AIR QUALITY ANALYSIS
           AND PERMITTING SERVICES TO SUPPORT THE REPOWERING
           PROJECT AT THE BROADWAY POWER PLANT
           Recommendation of City Manager: 
           (1) Find that the contracts proposed herein are exempt from the
           California Environmental Quality Act (CEQA) pursuant to State CEQA
           Guidelines Section 15061 (General Rule);
           (2) Authorize the City Manager to enter into a contract with Power
           Engineers, Inc., to perform owner's engineering services for the
           Broadway Repowering Project at the Broadway Power Plant (Broadway
           Repowering Project) for an amount not to exceed $3,000,000 or up to
           the completion of the Broadway Repowering Project, but not to exceed
           seven years, whichever occurs first.  The proposed contract is exempt
           from competitive bidding pursuant to City Charter Section 1002 (F),
           contracts for professional or unique services; and               
           (3) Authorize the City Manager to enter into a contract with
           WorleyParsons Group, Inc., to perform air quality analysis and
           permitting services for the Broadway Repowering Project for an amount
           not to exceed $255,000.  The proposed contract is exempt from
           competitive bidding pursuant to City Charter Section 1002 (F), contract
           for professional or unique services. 

	

      (5) APPROVAL OF FINAL TRACT MAP NO. 070782, BEING A SIX-UNIT
           CONDOMINIUM CONVERSION, AT 824-834 EAST CALIFORNIA
           BOULEVARD
           Recommendation of City Manager:  
           (1) Adopt a resolution to approve Final Tract Map No. 070782; and
           (2) Authorize the City Clerk to execute the certificate on the map
           showing the City's approval of said map.

      (6) AUTHORIZATION TO ENTER INTO A CONTRACT WITH
           CHEMTREAT, INC., TO PROVIDE A WATER TREATMENT
           PROGRAM AND CHEMICALS FOR THE BROADWAY AND
           GLENARM POWER PLANTS
           Recommendation of City Manager:
           (1)  Find that the action proposed herein is exempt from the California
           Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines
           Section 15301 (Existing Facilities - maintenance); 
           (2) Authorize the City Manager to enter into a contract with
           ChemTreat, Inc., to provide a water treatment program and chemicals
           for the Broadway and Glenarm Power Plants for an amount not to
           exceed $255,000 over a three-year period; and
           (3) Authorize the City Manager to extend the contract for up to two
           one-year periods, subject to Consumer Price Index (CPI) increase.
               The proposed contract is exempt from competitive bidding pursuant
           to City Charter Section 1002 (F), contracts for professional or unique
           services.

	760k

   B.  City Clerk/Secretary

      (1) Approval of Minutes             

           October 5, 2009 (City Council)
           October 5, 2009 (Community Development Commission)

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

           Claim No. 10,974   Jeff Johnson                                  $        250.00
           Claim No. 10,975   Lori Lee                                                  214.13
           Claim No. 10,976   Scott K. Landeman                                  205.00
           Claim No. 10,977   Sean M. Novak, Attorney                    450,000.00
                                       for Leila Crawford
           Claim No. 10,978   Reuben Spivey, Attorney 
                                       for Akwa Mfwilwakanda                         30,000.00
           Claim No. 10,979   Southern California Gas Company              651.39
           Claim No. 10,980   Southern California Gas Company              812.65

      (3) Public Hearings Set

           November 16, 2009, 7:30 p.m. - Tax Equity and Fiscal Responsibility
           Act (TEFRA) public hearing and adoption of a resolution approving the
           issuance of $9,800,000 of California Enterprise Development Authority
           Revenue Obligations for the benefit of the Chandler School

           November 23, 2009, 7:30 p.m. - Consideration to adopt a resolution
           approving Federal Standards under Section 111(d) of the Public Utilities
           Regulatory Policies Act of 1978 ("PURPA") pursuant to statutory
           directives in the Energy Independence and Security Act of 2007 ("EISA
           2007"): The following Federal Standards will be considered: 1)
           Integrated Resource Planning, 2) Rate Design Modifications to Promote
           Energy Efficiency Investments, 3) Consideration of Smart Grid
           Investments, and 4) Smart Grid Information

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

      (1) AUTHORIZATION TO EXECUTE A MEMORANDUM OF
           UNDERSTANDING FOR THE IMPERIAL VALLEY GEOTHERMAL
           FEASIBILITY AND EXPLORATION PROJECT BY AND AMONG THE
           LOS ANGELES DEPARTMENT OF WATER AND POWER, IMPERIAL
           IRRIGATION DISTRICT, GLENDALE, BURBANK, COLTON,
           PASADENA, AND SOUTHERN CALIFORNIA PUBLIC POWER
           AUTHORITY
           Revised Recommendation of City Manager: 
           (1) It is recommended that the City Council find that California 
           Environmental Quality Act (CEQA) is not applicable as the City is not 
           committing itself to a definitive course of action to undertake any physical 
           construction project at this time; 
           (2) Authorize the City Manager to enter into a Memorandum of Understanding 
           (“MOU”) with the Southern California Public Power Authority (“SCPPA”), the 
           Los Angeles Department of Water and Power, Imperial Irrigation District, City 
           of Glendale, City of Colton, and City of Burbank under which the parties will 
           undertake exploratory drilling to ascertain whether there is sufficient geothermal 
           potential for the parties to develop a power plant located on the southeastern 
           shore of the Salton Sea in Imperial County in Southern California for an amount 
           not to exceed $720,000; and   
           (3) This MOU is exempt from competitive bidding pursuant to City Charter 
           Section 1002 (H), contracts with other governmental agencies or their contractors. 

	2569k

   E.  Public Safety Committee

   F.  Reports from Representatives

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

  A.  CONTINUED PUBLIC HEARING: CALL FOR REVIEW OF ZONING
       ADMINISTRATOR INTERPRETATION (ZA NO. 32), 217 SOUTH MICHIGAN
       AVENUE (EDDIE'S MARKET)   
       Recommendation of City Manager: It is recommended that the City Council
       continue the public hearing to November 16, 2009, at 7:30 p.m.  

  B.  CONTINUED PUBLIC HEARING: CALL FOR REVIEW OF A DECISION BY
       THE DESIGN COMMISSION, MINOR CHANGES TO AN APPROVED
       PROJECT: SUBSTITUTE MATERIAL/FINISH ON CORNICE, 125 NORTH
       RAYMOND AVENUE (RAYMOND RENAISSANCE PROJECT)
       Recommendation of City Manager:
       (1) Find that the revised Final Environmental Impact Report (FEIR) and
       Addendum certified by the City Council on January 7, 2002 - with findings of
       fact and a statement of overriding considerations for the Raymond Theater
       Reuse and Mixed-Use Project ("project") now known as the "Raymond
       Renaissance" - and a Second Consistency Finding to the revised FEIR
       pursuant to the California Environmental Quality Act (CEQA) (Public
       Resources Code Section 21000, et seq.) and State CEQA Guidelines Section
       15164 (May 2005) apply to this action.
       (2) Find that the change to the material of the cornice is, as specified in
       Section 17.61.030(I)(6) and Section 17.64.050 of the Pasadena Municipal
       Code:
           Minor and consistent with the intent of the original approval (the physical
           form, projection, and placement of the cornice comply with the approved
           design);
           Consistent with all applicable provisions of the Zoning Code (No
           provisions about the material and finish of a cornice are in the Zoning
           Code);
           Does not involve a feature of the project that was specifically addressed
           in, or was a basis for findings in a Negative Declaration (ND), Mitigated
           Negative Declaration (MND), or Environmental Impact Report (EIR) for
           the project (the material of the cornice is not addressed in the EIR);
           Does not involve a feature of the project that was specifically addressed
           in, or was a basis for conditions of approval for the project, or that was a
           specific consideration by the applicable review authority in the approval
           of the permit (the change of material is unrelated to conditions of
           approval); and
           Does not expand the approved floor area or any outdoor activity area by
           10 percent or more over the life of the project (change of material is
           unrelated to floor area).
       (3) Find that the proposed change - if modified to comply with the condition
       of approval - is consistent with the applicable design guidelines.
       (4) Find that there are changed circumstances sufficient to justify the
       proposed changes (representations from developer about structural
       properties when installing copper with specified spans and projections,
       concerns about liability and waterproofing). 
       (5) Based on these findings, approve the request for changes to the
       previously approved design with the following condition:
           As an alternate to recoating or cladding the roofline cornice, staff shall
       work with the applicant on aesthetic enhancements to the project. 
       Recommendation of Design Commission: Approve the request for
       changes to the previously approved design with the following condition: 
       In lieu of the existing plaster finish, the applicant and the applicant's architect
       or consultant shall propose a method to change the finish (e.g., paint in a
       solid color) - and this proposal to change the finish shall be reviewed and
       approved by a three-person subcommittee of the Design Commission.  The
       Commission also indicated that this work may be delayed to accommodate
       construction loans and other financing issues.

	

	ATTACHMENTS A thru C 2207k

	ATTACHMENT D 2838k

	CORRESPONDENCE/HANDOUTS 4630k

7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS

   A.  City Manager   

      (1) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA
           CONFIRMING THE AWARD OF ITS ELECTRIC REVENUE BONDS,
           2009 SERIES
           Recommendation of City Manager: It is recommended that the City
           Council adopt a resolution confirming the award of its Electric Revenue
           Refunding Bonds, 2009 Series.

	959k

   B.  City Council

      (1) APPOINTMENT OF VINCE FARHAT TO THE PASADENA CENTER
           OPERATING COMPANY BOARD (At Large/District 6 Nomination)

8. ORDINANCES

   A.  First Reading: 

      (1) Conduct first reading of "AN ORDINANCE OF THE CITY OF
           PASADENA AMENDING CHAPTER 3.22 AND SECTION 8.60.250 OF
           THE PASADENA MUNICIPAL CODE REGARDING PUBLIC SAFETY
           AT SPECIAL EVENTS AND CURBSIDE DUMPING AT SPECIAL
           EVENTS" 

	2723k

	SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

	CORRESPONDENCE 310k

   B.  Second Reading: None

9.     INFORMATION ITEMS: 

   A.  UPDATE ON GENERAL PLAN OUTREACH PROGRAMS (Oral report)
       (To be heard at 7:00 p.m. or thereafter)

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)

November 2, 2009

December 7, 2009

January 4, 2010 (To be cancelled)


                         FUTURE COUNCIL MEETING DATES