AGENDA
CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
APRIL 26, 1999
Closed Session 5:30 P.M.
Public Meeting 6:30 P.M.
Public Hearings begin at 8:00 P.M.
Council Chamber
Pasadena City Hall, Room 247
5:30 P.M. CLOSED SESSION
A. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION pursuant to Government Code Section 54956.9:
Name of Cases: Southern California Edison Co. v. United States of America;
United States of America v. City of Los Angeles, City of Pasadena, et al. U.S.
Court of Federal Claims, Case Nos. 96-104C, 96-103C
ACTION: NO ACTION REPORTED
6:30 P.M. PUBLIC MEETING
1. ROLL CALL AND CEREMONIAL MATTERS
2. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
3. OLD BUSINESS - No Items
4. 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 AND ACCEPTANCE OF PROPOSED EASEMENT FOR
SANITARY SEWER AND PUBLIC UTILITY PURPOSES AT 1092
NORTH GARFIELD AVENUE
Recommendation of City Manager: Adopt a resolution approving and
accepting the proposed easement for sanitary sewer and public utility
purposes for 1094 North Garfield Avenue at 1092 North Garfield
Avenue.
57k
ACTION: APPROVED
(2) RATIFIED AGREEMENT BETWEEN CITY OF PASADENA AND
PASADENA POLICE OFFICERS ASSOCIATION (PPOA) FOR THE
TERM APRIL 27, 1998 THROUGH APRIL 24, 2000
Recommendation of City Manager: Adopt the Successor
Memorandum of Understanding (MOU) between the City and PPOA for
the period April 27, 1998 through April 24, 2000; and direct the Director
of Finance to prepare a journal voucher allocating funds from the
Personnel Services Reserves.
79k
ACTION: APPROVED
(3) APPROVAL OF FINAL TRACT MAP NO. 52630 TO SUBDIVIDE
EXISTING LOTS AT 180 SOUTH SAN GABRIEL BOULEVARD
Recommendation of City Manager: Adopt a resolution to:
(a) Approve the Final Tract Map No. 52630.
(b) Authorize the City Manager to execute a Subdivision Improvement
Contract with Homestar Corporation, a California Corporation.
(c) Accept the offer of dedication of a new street, San Marcos Drive,
and the easements for sidewalk and public utility purposes as shown on
Tract Map No. 52630.
(d) Authorize the City Clerk to execute the Certificate on the map
showing the City's approval of said map and acceptance of said
dedication and easements.
81k
ACTION: APPROVED
(4) AUTHORIZATION TO ENTER INTO A CONTRACT WITH HENWOOD
ENERGY SERVICES, INC. FOR ENERGY SCHEDULING,
ACCOUNTING, PORTFOLIO MANAGEMENT AND LOAD
FORECASTING SOFTWARE, INCLUDING IMPLEMENTATION
SERVICES
Recommendation of City Manager: Authorize the General Manager
to enter into a contract without competitive bidding pursuant to City
Charter Subsection 1002(F), professional or unique services, with
Henwood Energy Services, Inc. ("HESI"), a California corporation, for
energy scheduling, accounting, portfolio management and load
forecasting software, including implementation services, for an amount
not to exceed $347,000.
206k
ACTION: APPROVED
B. City Clerk
(1) Receive and file claims against the City of Pasadena
Claim No. 8235 Gaucho Grill in Pasadena, Inc.$ Unknown
Claim No. 8236 Alfonso Baez Unknown
Claim No. 8237 Jess C. Angotti 212.20
Claim No. 8238 Ron Williams Unknown
Claim No. 8239 Worldwide Church of God 4,278.63
Claim No. 8240 George M. Loaiza, III Unknown
Claim No. 8241 Denise Marie Longpre 500.00
Claim No. 8242 Emmanuel F. A. Addai 3,007.86
Claim No. 8243 Ernest Brito 613.28
ACTION: RECEIVED AND FILED
(2) Set Public Hearing:
May 17, 1999, 8:00 p.m. - Schedule of Taxes, Fees and Charges
May 24, 1999, 8:00 p.m. - Appeal Hearing: Reconsideration of
Approval for Major Modifications to Final Design Approval at
2767 E. Colorado Blvd. Boulevard (Public Storage)
ACTION: HEARING SET
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
A. Business Enterprise Committee
B. Deregulation Committee
(1) PUBLIC HEARING: 1) APPROVAL OF A DIRECT ACCESS PHASE-
IN SCHEDULE COMMENCING ON JANUARY 1, 2000, FOR ALL
CUSTOMER CLASSES AND TO BE COMPLETED BY JULY 1, 2002;
2) APPROVAL OF NONBYPASSABLE GENERATION-RELATED
TRANSITION CHARGES, WHICH ARE ALLOWED UNDER PUBLIC
UTILITIES CODE SECTION 9603; 3) APPROVAL OF DIRECT
ACCESS REGULATION NO.22; 4) DIRECT THE CITY ATTORNEY
TO PREPARE AN AMENDMENT TO THE LIGHT AND POWER RATE
ORDINANCE ESTABLISHING A "DIRECT ACCESS ENERGY
CREDIT," A "DIRECT ACCESS METER" CHARGE, AND "VIRTUAL
DIRECT ACCESS ENERGY" RATES (See Item 6.D., 8:00 p.m.)
(2) AUTHORIZATION TO ENTER INTO CONTRACT WITH R. W. BECK
FOR DIRECT ACCESS IMPLEMENTATION PLAN SERVICES
Recommendation of City Manager:
(a) Authorize the General Manager of Water and Power Department to
enter into an agreement with R. W. Beck for consulting services to assist
Pasadena Water and Power in its implementation of Direct Access in an
amount not to exceed $120,000 without competitive bidding, pursuant to
City Charter Section 1002(F) (professional services).
(b) Grant the contract an exemption from the competitive selection
process of the Affirmative Action in Contracting Ordinance pursuant to
Pasadena Municipal Code, Section 4.09.060(C), contracts for which the
City's best interests are served.
152k
ACTION: APPROVED
(3) DECLARATION OF CERTAIN CITY-OWNED REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF STATE STREET, BETWEEN
THE PASADENA FREEWAY, AND FAIR OAKS AVENUE, SOUTH
PASADENA AS SURPLUS AND APPROVAL OF THE SALE
THEREOF
Recommendation of City Manager: It is recommended that the City
Council adopt a resolution:
(a) Finding and determining that certain City-owned land located on
the south side of State Street, between the Pasadena Freeway and Fair
Oaks Avenue at Mockingbird Lane, just south of Glenarm Street, South
Pasadena (subject property) falls under Class 12 of Categorically
Exempt Projects, and thus, exempt from the requirements of the
California Environmental Quality Act (CEQA), and direct the City Clerk to
file a Notice of Exemption with the Los Angeles County Recorder;
(b) Declaring that the subject property is not needed for the purpose
for which it was acquired or for any other public purpose and is,
therefore, surplus real property; and
(c) Directing the subject property be sold through a publicly noticed
competitive bid process, pursuant to Pasadena Municipal Code
Section 4.02.
117k
ACTION: APPROVED
(4) DECLARATION OF CERTAIN CITY-OWNED LAND (FORMER
MILLARD RESERVOIR SITE) AS SURPLUS AND APPROVAL OF
THE SALE THEREOF
Recommendation of City Manager: It is recommended that the City
Council adopt a resolution:
(a) Finding and determining that certain City-owned land located on
the west side of Canyon Ridge Drive (a private street), just west of
Lincoln Avenue, Altadena (subject property) falls under Class 12 of
Categorically Exempt Projects, and thus, exempt from the requirements
of the California Environmental Quality Act (CEQA), and direct the City
Clerk to file a Notice of Exemption with the Los Angeles County
Recorder;
(b) Declaring that the subject property is not needed for the purpose
for which it was acquired or for any other public purpose and is,
therefore, surplus real property; and
(c) Directing the subject property be sold through a publicly noticed
competitive bid process, pursuant to Pasadena Municipal Code
Section 4.02.
173k
ACTION: APPROVED
C. Finance Committee
(1) RESOLUTION AUTHORIZING THE ISSUANCE OF ONE OR MORE
CITY OF PASADENA PENSION OBLIGATION BONDS, APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A TRUST AGREEMENT, A REIMBURSEMENT
AGREEMENT, AN INTERNATIONAL SWAP DELIVERY MASTER
AGREEMENT MASTER AGREEMENT AND A VALIDATION ACTION
AND AUTHORIZING OTHER MATTERS RELATING THERETO
Recommendation of City Manager: Adopt a resolution authorizing
the issuance of one or more City of Pasadena Pension Obligation
Bonds, approving the form of an authorizing the execution and delivery
of a Trust Agreement, a Reimbursement Agreement, an International
Swap Delivery Master Agreement (ISDA), and a Validation Action and
other related matters.
102k
ACTION: APPROVED
(2) FY 1998 AUDITED ANNUAL FINANCIAL REPORTS
Recommendation of City Manager: It is recommended that the
following audited reports for the year ending June 30, 1998 be received
by the City Council:
(a) Comprehensive Annual Financial Report
(b) Single Audit Reports
(c) Pasadena Community Development Commission Annual Financial
Report
(d) Management Letter
(e) Finance Committee Letter
102k
ACTION: APPROVED
D. Legislative Policy Committee
E. Public Safety Committee
F. Reports from Representatives
6. PUBLIC HEARINGS - 8:00 P.M.
A. CONTINUED PUBLIC HEARING: "a5 LAKE AVENUE OFFICE
CORRIDOR - DEL MAR/CORDOVA TO THE FREEWAY" GENERAL PLAN
AMENDMENT
Recommendation of City Manager:
(1) Approve the Initial Environmental Study (Attachment 1 of the agenda
report) and Negative Declaration;
(2) Approve the De Minimis Impact on the State Fish and Wildlife Habitat
(Attachment 2 of the agenda report)
(3) Approve the General Plan Amendment to allow residential uses in the
"a5 Lake Avenue Office Area - Del Mar/Cordova to the Freeway" for the
parcels north of Union Street which do not front on to Lake Avenue
(Attachment 3 of the agenda report), and adopt a resolution permitting this
change (Attachment 9 of the agenda report); and
(4) Direct the City Clerk to file a Notice of Determination and a Certificate of
Fee Exemption for the California Department of Fish and Game, with the Los
Angeles County Recorder (Attachment 4 of the agenda report).
159k
ACTION: APPROVED
B. PUBLIC HEARING: RECOMMENDED CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEAR 2000-2004
Recommendation of City Manager:
(1) Open the public hearing on the City Manager's Recommended FY 2000-
2004 Capital Improvement Program Budget; and
(2) Continue the public hearing to each subsequent meeting of the Council
at 8:00 p.m., until May 17, 1999, or such other later date as the Council may
determine, and at which time the City Council will be asked to close the public
hearing and formally adopt the FY 2000-2004 Capital Improvement Program
Budget.
69k
ACTION: APPROVED
C. PUBLIC HEARING: CONSIDER GRANTING NON-EXCLUSIVE SOLID
WASTE FRANCHISES
Recommendation of City Manager:
(1) The City Council hold a public hearing to consider granting non-
exclusive solid waste franchises.
(2) After the public hearing is held, the City Council make a decision on
whether or not to grant the franchises.
(3) The City Council direct the City Attorney and staff to prepare the
necessary ordinances for the approved applications and authorize the City
Manager to enter into the franchise agreements on or after the effective date
of the ordinance approving such franchise.
133k
ACTION: APPROVED
D. PUBLIC HEARING: 1) APPROVAL OF A DIRECT ACCESS PHASE-IN
SCHEDULE COMMENCING ON JANUARY 1, 2000, FOR ALL CUSTOMER
CLASSES AND TO BE COMPLETED BY JULY 1, 2002; 2) APPROVAL
OF NONBYPASSABLE GENERATION-RELATED TRANSITION CHARGES,
WHICH ARE ALLOWED UNDER PUBLIC UTILITIES CODE SECTION
9603; 3) APPROVAL OF DIRECT ACCESS REGULATION NO. 22; 4)
DIRECT THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE
LIGHT AND POWER RATE ORDINANCE ESTABLISHING A "DIRECT
ACCESS ENERGY CREDIT", A "DIRECT ACCESS METER" CHARGE,
AND "VIRTUAL DIRECT ACCESS ENERGY" RATES
Recommendation of City Manager:
(1) Approve a Direct Access phase-in schedule commencing on January 1,
2000, for all customer classes and to be completed by July 1, 2002;
(2) Deem the Stranded Investment Surcharge and the uneconomic portion
of the Energy Cost Adjustment Charge to be nonbypassable generation-
related transition charges, which are allowed under Public Utilities Code
Section 9603(b);
(3) Approve the Direct Access Service Regulation No. 22, attached in
substantially final form, to govern the implementation of Direct Access in
Pasadena; and
(4) Direct the City Attorney to prepare an amendment to the Light and
Power Rate Ordinance establishing a "Direct Access Energy Credit" and a
"Direct Access Meter Charge", for Direct Access customers that choose an
alternate energy service provider, and "Virtual Direct Access" rates for
Pasadena energy customers that choose market based rate options.
313k
ACTION: APPROVED
7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
A. City Council
(1) APPOINTMENT OF 1999 NOBLE AWARD COMMITTEE MEMBERS
(Mayor Holden)
ACTION: APPOINTMENTS MADE EXCEPT FOR DISTRICT 2, 4, AND MAYOR
(2) DISCUSSION REGARDING REQUEST TO GOVERNOR DAVIS TO
DROP THE APPEAL OF COURT DECISION REGARDING
PROPOSITION 187 (Councilmember Crowfoot)
ACTION: NO ACTION
B. City Manager
(1) REQUEST FOR DECLARATION OF CERTAIN CITY-OWNED REAL
PROPERTY LOCATED AT 541 SOUTH OAK KNOLL AVENUE AS
SURPLUS PROPERTY AND APPROVAL OF SALE THEREOF
Recommendation of City Manager:
(a) Finding and determining that certain City-owned land at 541 South
Oak Knoll Avenue ("subject property") falls under Class 12 of
Categorically Exempt Projects, and is exempt from the requirements of
the California Environmental Quality Act (CEQA), and direct the City
Clerk to file a Notice of Exemption with the Los Angeles County
Recorder;
(b) Declaring that the subject property is not needed for the purpose
for which it was acquired or for any other public purpose and is,
therefore, surplus real property; and
(c) Directing the subject property be sold through a publicly noticed
competitive bid process, pursuant to Section 4.02 of the Pasadena
Municipal Code.
143k
ACTION: APPROVED
(2) SUPPORT FOR SENATE BILL 315 (BURTON) - TRANSPORTATION
INFRASTRUCTURE BONDS
Recommendation of City Manager:
(a) Adopt a resolution supporting Senate Bill 315 (Burton) -
Transportation Infrastructure Bonds, with amendments that would be
beneficial to Pasadena.
(b) Authorize the Mayor to send letters to the appropriate authorities
stating Pasadena's position.
118k
ACTION: APPROVED
(3) JOURNAL VOUCHER APPROPRIATION OF 70,304.52 FROM THE
CITY'S SECTION 108 GUARANTEED LOAN INTEREST RESERVE
FOR CITY OF PASADENA DEPARTMENT OF WATER AND POWER
(DWP) HOOKUP CHARGES
Recommendation of City Manager: Approve a journal voucher
appropriating funds in the amount of $70,304.52 from the City's Section
108 Guaranted Loan Interest Reserves for payment of the City's
Department of Water and Power (DWP) hookup charges associated
with the Renaisssance Plaza Shopping Center.
141k
ACTION: APPROVED
(4) SUPPORT OF ASSEMBLY BILL 24, LOCAL FISCAL RELIEF,
PROPERTY TAX REVENUE ALLOCATION; ASSEMBLY BILL 304,
LOCAL GOVERNMENT FINANCE, PROPERTY TAX REVENUE
ALLOCATION, LOCAL AGENCY RELIEF; ASSEMBLY BILL 1194,
LOCAL GOVERNMENT FINANCE, PROPERTY TAX, RELIEF; AND
ASSEMBLY BILL 1195, LOCAL GOVERNMENT FINANCE,
PROPERTY TAX, RELIEF
Recommendation of City Manager: Adopt a resolution and authorize
the Mayor to send letters to the appropriate officials supporting the
following legislation:
(1) Assembly Bill 24, Local Fiscal Relief, Property Tax Revenue
Allocation;
(2) Assembly Bill 304, Local Government Finance, Property Tax
Revenue Allocation, Local Agency Relief;
(3) Assembly Bill 1194, Local Government Finance, Property Tax,
Relief; and
(4) Assembly Bill 1195, Local Government Finance, Property Tax, Relief
In addition, it is recommended that the City Council authorize the
Mayor to send letters of support for any other legislation or State budget
proposals that protect from future shifts or restore property tax revenues
to local governments.
130k
ACTION: APPROVED
(5) JOINT ACTION: APPROVAL OF THE FOURTH AMENDMENT TO
THE HOME LOAN AGREEMENT WITH MOUNTAIN COURT PNHS,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("NEW
PARTICIPANT") FOR THE LINCOLN/IDAHO TOWNHOME
DEVELOPMENT
Recommendation of City Manager: It is recommended that the City
Council adopt a resolution finding and determining that the use of
$100,000 from the Lincoln Avenue Redevelopment Project Low and
Moderate Income Housing Trust Fund for the Lincoln/Idaho Townhome
Development located outside the Lincoln Avenue Redevelopment
Project Area will be of benefit to the Lincoln Avenue Redevelopment
Project;
Recommendation of Chief Executive Officer: It is recommended
that the Community Development Commission adopt a resolution:
(a) Approving an additional $100,000 from the Lincoln Avenue
Redevelopment Project Low and Moderate Income Housing Trust Fund
to the Lincoln/Idaho Townhome Development;
(b) Finding and determining that the use of the $100,000 in funds from
the Lincoln Avenue Redevelopment Project Low and Moderate Income
Housing Trust Fund for the Lincoln/Idaho Townhome Development
located outside the Lincoln Avenue Redevelopment Project Area will be
of benefit to the Lincoln Avenue Redevelopment Project; and
(c) Approving the terms and provisions of the Fourth Amendment to
the HOME Loan Agreement between the Commission and Mountain
Court PNHS, LLC, and authorizing the Chief Executive Officer to
execute and the Secretary to attest the Amendment.
387k
ACTION: APPROVED
C. City Prosecutor
(1) RESPONSE TO CODE VIOLATION COMPLAINT REGARDING 943 N.
MARENGO AVENUE
88k
ACTION: ITEM CONTINUED TO COUNCIL MEETING OF 5/10/99
D. Advisory Bodies
(1) LILITH FAIR 1999 CONCERT - JULY 17, 1999
Recommendation of Rose Bowl Operating Company:
(a) Authorize the Rose Bowl General Manager to enter into a license
agreement with Universal Concerts for the "Lilith Fair" concert on
July 17, 1999, according to the business points set forth in the agenda
report.
(b) Direct the City Attorney to prepare an ordinance suspending
Pasadena Municipal Code Section 9.36.220 (amplified sound) and
9.36.230 (general noise sources) to allow the event to proceed.
(c) Review the facts and material presented, including the 1998 Initial
Study and Mitigated Negative Declaration for Rose Bowl: Four
Additional Displacement Events per Year, 1998 and 1999 presented
herewith, and then find that the Lilith Fair meets the requirements of the
Arroyo Seco Ordinance, Pasadena Municipal Code Section 3.32.370, to
proceed as an additional permitted event.
(d) Acknowledge that the environmental impacts of the "Lilith Fair"
concert were analyzed as an additional displacement event in the Initial
Study and Mitigated Negative Declaration for Rose Bowl: Four
Additional Displacement Events per Year, 1998 and 1999 approved and
adopted by the City Council on May 11, 1998. The impacts of
suspending Pasadena Municipal Code Sections 9.36.220 and 9.36.230
are categorically exempt from the California Environmental Quality Act
(CEQA) under CEQA Guidelines Section 15323 Normal Operations of
Facilities for Public Gatherings.
188k
ACTION: APPROVED
8. COMMUNITY DEVELOPMENT COMMISSION MEETING
A. JOINT ACTION: APPROVAL OF THE FOURTH AMENDMENT TO THE
HOME LOAN AGREEMENT WITH MOUNTAIN COURT PNHS, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY ("PARTICIPANT") FOR THE
LINCOLN/IDAHO TOWNHOME DEVELOPMENT [See Item 7.B.(5)]
ACTION: APPROVED
B. AMENDMENT TO SALES TAX REIMBURSEMENT AGREEMENT WITH
SYMES CADILLAC INC.
Recommendation of Chief Executive Officer:
(1) Approve the First Amendment to the Sales Tax Reimbursement
Agreement No. CDC 149, by revising the commencement and termination
date; and
(2) Authorize the Chief Executive Officer to execute and the City Clerk to
attest to the First Amendment to the Agreement on behalf of the Commission.
125k
ACTION: APPROVED
C. SUBMISSION OF THE WELFARE TO WORK SECTION 8 TENANT-BASED
ASSISTANCE PROGRAM APPLICATION TO THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Recommendation of Chief Executive Officer: Authorize the filing with
the U. S. Department of Housing and Urban Development ("HUD") of the
Welfare to Work (WtW) Section 8 Tenant-Based Assistance Program
application for a request of 250 rental vouchers valued at $1.25 million
(average $5,000 per household per annum) and authorize the Chief
Executive Officer to execute, and the City Clerk to attest, the Welfare to Work
Section 8 Tenant-Based Assistance Program application.
120k
ACTION: APPROVED
9. ORDINANCES
A. First Reading: None
B. Second Reading:
(1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF PASADENA
ESTABLISHED BY SECTION 17.08.040 OF THE PASADENA
MUNICIPAL CODE (3053 « EAST DEL MAR BOULEVARD ZONE
CHANGE)" (Introduced by Vice Mayor Streator)
137k
ACTION: ADOPTED
10. INFORMATION ITEMS
A. PLAYHOUSE DISTRICT STREETSCAPES PROJECT STREET TREE
IMPLEMENTATION PROGRAM UPDATE
Recommendation of City Manager: This report is provided for information
purposes only. No City Council action is required.
151k
ACTION: INFORMATION RECEIVED
11. COMMUNICATIONS - No Items
12. CLOSED SESSION
A. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION pursuant to Government Code Section 54956.9:
Name of Cases: Southern California Edison Co. v. United States of
America; United States of America v. City of Los Angeles, City of
Pasadena, et al. U.S. Court of Federal Claims, Case Nos. 96-104C,
96-103C
13. ADJOURNMENT