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AGENDA
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
NOVEMBER 16, 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 REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8 Property Location: 500 North Lake Avenue Agency Negotiators: Michael J. Beck and Richard Bruckner Negotiating Party: David Pourbaba Under Negotiation: Price and terms of payment 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) APPROVAL OF FINAL TRACT MAP NO. 065620, BEING A FIVE-UNIT CONDOMINIUM PROJECT, AT 28 SOUTH PARKWOOD AVENUE Recommendation of City Manager: (1) Adopt a resolution to approve Final Tract Map No. 065620; and (2) Authorize the City Clerk to execute the certificate on the map showing the City's approval of said map. 552k (2) RESOLUTION APPROVING PROGRAM SUPPLEMENT NO. 080-N TO ADMINISTERING AGENCY - STATE AGREEMENT FOR FEDERAL- AID PROJECT NO. 07-5064R FOR THE PASADENA ITS PHASE I SAFETEA-LU PROJECT, FEDERAL-AID PROJECT NO. HPLUL-5064 (057) Recommendation of City Manager: (1) Adopt a resolution approving Program Supplement No. 080-N to Administering Agency - State Agreement for Federal Aid Project No. 07- 5064 between the City of Pasadena and the State of California, for State Reimbursement for the Pasadena ITS Phase I SAFETEA-LU Project, Federal-Aid Project No. HPLUL-5064 (057); and (2) Authorize the City Manager to execute Program Supplement No. 080-N for the Pasadena ITS Phase I SAFETEA-LU Project. 650k B. City Clerk/Secretary
(1) Approval of Minutes
October 12, 2009 (City Council) October 12, 2009 (Community Development Commission) October 19, 2009 (City Council) October 19, 2009 (Community Development Commission) (2) Receive and file claims against the City of Pasadena
Claim No. 10,981 M. O'Connor, Esq., Attorney for $ 25,000.00+ Andre Cunningham, a minor Claim No. 10,982 AT&T/Diane Mancini Not stated Claim No. 10,983 Loretta Lee 1,426.75 Claim No. 10,984 Joann Anderson 698.39 Claim No. 10,985 Dereck Andrade 25,000.00+ Claim No. 10,986 Angela Mavridis 400.36 Claim No. 10,987 Jennifer L. Washington 4,070.00 Claim No. 10,988 State Farm Mutual Insurance Co., 4,795.56 as subrogee for Sandra Hume & Mark Butnuh Claim No. 10,989 Wendy Ann Milici 100.00 Claim No. 10,990 Patrick Beijer Not stated 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. 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 December 7, 2009 at 7:30 p.m. B. PUBLIC HEARING: APPROVAL OF ASSOCIATE MEMBERSHIP AGREEMENT WITH THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) 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 Recommendation of City Manager: (1) Adopt a resolution approving the execution and delivery of an Associate Membership Agreement with the California Enterprise Development Authority (the "Authority"); (2) Conduct a Tax Equity and Fiscal Responsibility Act public hearing; and (3) Adopt a resolution approving the issuance by the California Enterprise Development Authority (the "Authority") of not to exceed $9,800,000 of the Authority's Revenue Obligations (the "Obligations") for the benefit of the Chandler School (the "Corporation"). 2432k C. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 5317 (INCLUDES ADDITIONAL MINOR CONDITIONAL USE PERMITS), ADJUSTMENT PERMIT NO. 11612, FLOOR AREA INCREASE OF TEN PERCENT, PRIVATE TREE REMOVAL, FINAL ENVIRONMENTAL IMPACT REPORT, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR IDS PLAYHOUSE COMMERCIAL DEVELOPMENT PROJECT AT 680 EAST COLORADO BOULEVARD Recommendation of City Manager: It is recommended that the City Council at the close of the public hearing take the following actions: (1) Adopt the resolution certifying the Final Environmental Impact Report, adopting Environmental Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; (2) Approve the Findings of Fact (Attachment A of the agenda report) with the Conditions of Approval (Attachment B of the agenda report) and the Comprehensive Water Conservation Plan (Attachment C of the agenda report); (3) Approve the Conditional Use Permit for a new non-residential project that exceeds 25,000 square feet (Attachment A of the agenda report); (4) Approve the Minor Conditional Use Permit for a new project that exceeds 15,000 square feet in the Transit-Oriented District (Attachment A of the agenda report); (5) Approve the Minor Conditional Use Permit to establish a commercial parking use (Attachment A of the agenda report); (6) Approve the Adjustment Permit for four deviations from the Zoning Code, including: building height; to exceed Floor Area Ration (FAR) in one FAR district; to not construct the building at the property lines on East Colorado Boulevard and South El Molino Avenue; and to reduce the required number of loading spaces from five to two (Attachment A of the agenda report); (7) Approve a Floor Area Ratio (FAR) increase of 10 percent (Attachment A of the agenda report); and (8) Approve the Private Tree Removal Application (Attachment A of the agenda report). Recommendation of Design Commission: On July 13, 2009, the Design Commission conducted advisory review of the project. The Commission concluded by majority vote that the project is generally consistent with the design-related findings, and that the Commission shall have some flexibility in the final review and approval of the project's site plan, building massing and modulation, arrangement of floor plates, in addition to the details that are reviewed in Final Design. The Commission also made some specific recommendations to further modulate and articulate the building. Recommendation of Planning Commission: On July 22, 2009, the Planning Commission conducted advisory review of the project that was reviewed by the Design Commission. By unanimous vote, the Commission recommended that the Council disapprove all requested entitlements and not to certify the EIR. The Commission made an additional recommendation (by a 5-3 vote) that if the Council approves any version of the proposed project, that it should be designed to comply with all applicable development standards (e.g., no adjustments or variances for height, floor area, etc.), that it does not include an FAR increase, and that the 155 public parking spaces are omitted from the project. Further, the Commission added that if such a project is approved, the EIR should be revised to re-analyze potential traffic and pedestrian safety impacts of the revised project. The majority of the Commissioners asserted that the proposed building is too large and incompatible with other development in the vicinity. Following the meeting, the Commission sent a memorandum to the City Council summarizing its action. It is in Attachment L of the agenda report. ATTACHMENTS A Thru D 7470k ATTACHMENTS E Thru H 5456k ATTACHMENT I 24133k ATTACHMENTS J and K 2003k ATTACHMENT L 204k RESOLUTION PART 1 4180k RESOLUTION PART 2 4081k EXHIBIT A OF RESOLUTION 1764k FINAL EIR 30931k PERMIT APPLICATIONS 13348k CORRESPONDENCE 2966k CORRESPONDENCE OF OCTOBER 12 2009 10739k SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA AGENDA MATERIAL 1014k CORRESPONDENCE 624k 7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Manager
(1) FINAL REPORT FROM CITY COUNCIL YOUTH, FAMILIES AND NEIGHBORHOODS AD HOC COMMITTEE (To be heard at 6:45 p.m., or thereafter) Recommendation of City Manager: (1) Receive the final report from the City Council Youth, Families and Neighborhoods Ad Hoc Committee, consisting of the Gap Analysis and recommendations prepared by Harder and Company; and (2) Direct staff to pursue and return to the Public Safety Committee within 90 days, with a report on the potential for an existing nonprofit entity to serve as the community-based institutional home and convener of organizations directly addressing community violence, as recommended in the Gap Analysis report. 767k GAP ANALYSIS & RECOMMENDATIONS 5486k CORRESPONDENCE 1034k (2) AMENDMENT TO THE MASTER STREET TREE PLAN Recommendation of City Manager: Approve an amendment to the Master Street Tree Plan to allow the planting of the Podocarpus gracilior, Fern Pine, in lieu of Brahea edulis, Guadalupe Palm, on Granite Drive between South Lake Avenue and its eastern terminus. Find that the Master Street Tree Plan amendment for Granite Drive is exempt from California Environmental Quality Act (CEQA) review pursuant to State CEQA Guidelines Sections 15301, Existing Facilities and 15304, Minor Alterations to Land. Recommendation of Urban Forestry Advisory Committee: At its special meeting of August 12, 2009, the Urban Forestry Advisory Committee (UFAC) voted unanimously to support the staff recommendation to amend the Master Street Tree Plan to allow the planting of the Podocarpus gracilior, Fern Pine, in lieu of Brahea edulis, Guadalupe Palm, on Granite Drive between South Lake Avenue and its eastern terminus. Recommendation of Design Commission: At its regular meeting of October 12, 2009, the Design Commission voted unanimously to support the staff recommendation to amend the Master Street Tree Plan to allow the planting of the Podocarpus gracilior, Fern Pine, in lieu of Brahea edulis, Guadalupe Palm, on Granite Drive between South Lake Avenue and its eastern terminus. 794k B. City Council
(1) APPOINTMENT OF COUNCILMEMBER TERRY TORNEK AS PRIMARY DELEGATE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS GOVERNING BOARD AND COUNCILMEMBER MARGARET McAUSTIN AS ALTERNATE, EFFECTIVE NOVEMBER 20, 2009 (Council Nomination) 8. ORDINANCES
A. First Reading: None
B. Second Reading:
(1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING CHAPTER 3.22 AND CHAPTER 8.60.250 OF THE PASADENA MUNICIPAL CODE REGARDING PUBLIC SAFETY AT SPECIAL EVENTS, CURBSIDE HAZARDS, AND CURBSIDE DUMPING AT SPECIAL EVENTS" (Introduced by Councilmember Madison) 2992k 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,Meets the first Wednesday of each month at 6:00 p.m.,
Pasadena City Hall,
100 N. Garfield Avenue, Room S245/S246 (Council Conference Room, 2nd
Floor)
December 2, 2009
January 6, 2010
February 3, 2010
FINANCE COMMITTEE (Chair Chris Holden, Victor Gordo,
Steve Haderlein,
Margaret McAustin)
Meets the second and fourth Monday of each month at 4:00
p.m.,
100 N. Garfield Avenue, Room S249 (City Hall Council Chambers, 2nd
floor)
November 23, 2009
December 14, 2009
December 28, 2009 (To be cancelled)
LEGISLATIVE POLICY COMMITTEE (Chair Bill Bogaard, Steve
Madison,
Jacque Robinson)
Meets the third Wednesday of each month at 8:15 a.m.,
Pasadena City Hall,
100 N. Garfield Avenue, Room S245/S246 (Council Conference Room, 2nd
Floor)
November 18, 2009
December 16, 2009
January 20, 2010
MUNICIPAL SERVICES COMMITTEE (Chair Margaret McAustin,
Bill Bogaard,
Terry Tornek)
Meets the fourth Tuesday of each month at 4:15 p.m., Pasadena
City Hall,
100 N. Garfield Avenue, Room S249 (Council Chambers, 2nd Floor)
November 17, 2009 (Special Meeting at 4:15 p.m., 100 N.
Garfield Avenue,
Room S249 City Hall Council Chambers)
November 24, 2009 (To be cancelled)
December 22, 2009 (To be cancelled)
January 26, 2010
PUBLIC SAFETY COMMITTEE (Chair Steve Haderlein, Steve
Madison, Margaret McAustin,
Jacque Robinson)
Meets the first Monday of each month at 4:15 p.m., Pasadena
City Hall,
100 N. Garfield Avenue, Room S038
(City Hall Grand Conference Room, Basement)
December 7, 2009
January 4, 2010 (To be cancelled)
February 1, 2010
November 23, 2009
November 30, 2009 (To be cancelled)
December 2, 2009 (Council Workshop on Strategic Planning, 9:00 a.m., 300 East
Green Street, Conference Room 212 & 214)
December 7, 2009
December 14, 2009
December 21, 2009 (To be cancelled)
December 28, 2009 (To be cancelled)
January 4, 2010 (To be cancelled)
January 11, 2010
January 18, 2010 (To be cancelled)
January 25, 2010
January 28, 2010 (Mayor’s State of the City Address)
February 1, 2010
February 8, 2010
February 15, 2010 (To be cancelled)
February 16, 2010 (Joint Meeting with Pasadena Unified School District)
February 22, 2010
FUTURE PUBLIC HEARINGS:
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
December 7, 2009, 7:30 p.m.
- Continued Public Hearing: Call for Review of Zoning
Administrator Interpretation (ZA No. 32), 217 South Michigan Avenue (Eddie’s
Market)
COMMISSION VACANCIES
428k