ClTY OF PASADENA City Council Minutes June 7,2010-5:30 P.M. City Hall Council Chamber REGULAR MEETING

Transcription

1 ClTY OF PASADENA City June 7,2010-5:30 P.M. City Hall Council Chamber REGULAR MEETING OPENING: Mayor Bogaard called the regular meeting to order at 6:24 p.m. (Absent: None) On order of the Mayor, the regular meeting recessed at 6:24 p.m., to discuss the following closed sessions: ClTY COUNCIL CONFERENCE WlTH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION City Representative: Michael J. Beck Unrepresented Employee: Police Chief The above closed session item was discussed, with no reportable action at this time. ClTY COUNCIL CONFERENCE WlTH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION - Significant exposure to litigation pursuant to Government Code Section (b): One potential case The above closed session item was not discussed. On order of the Mayor, the regular meeting reconvened at 6:36 p.m. The Pledge of Allegiance was led by Assistant City Manager Julie Gutierrez. ROLL CALL: Councilmembers: Staff: CEREMONIAL MATTERS Mayor Bill Bogaard Vice Mayor Victor Gordo Councilmember Steve Haderlein Councilmember Chris Holden Councilmember Steve Madison Councilmember Margaret McAustin Councilmember Jacque Robinson Councilmember Terry Tornek City Manager Michael J. Beck City Attorney Michele Beal Bagneris City Clerk Mark Jomsky Anne Lansing, Housing Department Project Manager and Co-Chair of the Housing and Homeless Network, thanked Dr. Al Sorkin, Executive Director of URDC Human Services Corporation, for the many contributions he made to the City's low-income and homeless communities in the past 18 years.

2 The Mayor presented a commendation to Dr. Sorkin for his dedicated service to the community. The Mayor presented a proclamation declaring June 1 1, as World Cup Day. The proclamation was received by Darryl Dunn, General Manager of the Rose Bowl, and David Simon, Los Angeles Sports Council President, who outlined the United State's bid as a host nation for the 2018 or 2022 World Cup Soccer games, with the Rose Bowl as a potential host venue. In response to Councilmember Haderlein's question, Mr. Simon suggested that the City assist in boosting the U.S. bid by promoting a campaign to send 1 million letters in support of the bid from the various cities that are potential host venues, which would also highlight the City's interest in hosting soccer games at the Rose Bowl. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Ayers Baxter, Pasadena resident, spoke in opposition to Proposition 16 (New Two-Thirds Requirement for Local Public Electricity Providers Act). Cynthia Fairfax, Pasadena resident, expressed concerns regarding alleged violation of her civil rights related to her housing situation. The Mayor indicated that staff will contact Ms. Fairfax regarding the above matter. Leslie Levy, Alhambra resident, spoke in support of the Eco-Community Dialogue series that had been held at the Pasadena Public Library, and asked the City to assist in finding an alternative location for the Dialogue series. Paul Lines, Pasadena Jazz Institute representative, spoke in support of holding live jazz events at the Pasadena Playhouse. CONSENT CALENDAR Claim No.11,119 Claim No. 11,120 CLAIMS RECEIVED AND Claim No. 11,121 FILED Claim No. 11,122 Claim No.11,123 Claim No. 11,124 Claim No.11,125 Claim No.11,126 Debra Burns $ 25, Uhee Yoon Kim Not Stated Sachiko Maciel Tanisha Hall 4, Dora Longsworth Not Stated AT&T 1, Infinity Insurance Co, as 3, Su brogee for Alejandro Gutierrez Mildred H. Bowie 6, PUBLIC HEARING SET July 12, 2010, 7:30 P.M. - Designation of 1059 North Hill Avenue as a Landmark It was moved by Councilmember Haderlein, seconded by Councilmember McAustin, to approve all items on the Consent Calendar. (Motion unanimously carried) (Absent: None)

3 REPORTS AND COMMENTS FROM COUNCIL COMMITTEES ESTABLISHMENT OF THE OLD PASADENA MANAGEMENT DISTRICT PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) Recommendation: Adopt a resolution of intention to establish ECONOMIC DEVELOPMENT the Old Pasadena Management District Property-Based AND TECHNOLOGY Business Improvement District setting a public hearing for COMMITTEE July 26, 2010 at 7:30 p.m. (Resolution No. 9033) Recommendation of Economic Development and Technolony Committee: On May 5, 2010, the Economic Development and Technology Committee received a report on the effort to renew the 0lld- Pasadena Management '~istrict PBID and supported moving the action to City Council upon successful completion of the legal requirements to initiate the PB l D process. Councilmember Madison was excused at 7:01 p.m. Vice Mayor Gordo, Chair of the Economic Development and Technology Committee, summarized the agenda report. RECOMMENDATIONS OFFICERS AND DEPARTMENTS The Mayor noted that staff had distributed a revised version of the resolution that corrected typographical errors in the text. It was moved by Vice Mayor Gordo, seconded by Councilmember Robinson, to approve the staff recommendation. (Motion unanimouslv carried) (Absent: Councilmember Madison) FROM RESOLUTION APPROVING ANNUAL REPORT OF THE ADVISORY BOARD OF THE PASADENA TOURISM BUSINESS IMPROVEMENT DISTRICT (DISTRICT), DECLARING ITS INTENTION TO LEVY ASSESSMENTS AGAINST HOTEL AND MOTEL BUSINESSES WITHIN THE DISTRICT FOR FISCAL YEAR 2011 AND SETTING A PUBLIC HEARING ON THE LEVY OF THE ASSESSMENTS FOR JUNE AT 7:30 P.M. ~ecommenda'tion of Pasadena Center Operating Company: It is recommended that the Citv Council ado~t a resolution approving the annual report of the ~dvisor~' Board of the Pasadena Tourism Business lmprovement District (District) for Fiscal Year 2011, declaring its intention to levy assessments against hotel and motel businesses within the District for Fiscal Year 2011 and setting a Public Hearing on the levy of the assessments on June 21, 2010 at 7:30 p.m. (Resolution No. 9034) Michael Ross, Pasadena Center Operating Company Chief Executive Officer, reviewed the agenda report. It was moved by Councilmember Holden, seconded by Councilmember Haderlein, to approve the Pasadena Center Operating Company recommendation. (Motion unanimousl~ carried) (Absent: Councilmember Madison)

4 REAPPOINTMENT OF BETTE REIGELMAN TO THE ACCESSIBILITY AND DISABILITY COMMISSION (District 3 REAPPOINTMENT OF BARBARA REEVES NEAL TO THE CODE ENFORCEMENT COMMISSION (District 7 REAPPOINTMENT OF META McCULLOUGH TO THE COMMISSION ON THE STATUS OF WOMEN (District 3 REAPPOINTMENT OF CHRISTOPHER WALKER TO THE COMMUNITY DEVELOPMENT COMMITTEE (District 1 REAPPOINTMENT OF JOHN BYRAM TO THE DESIGN COMMISSION (At LargeIDistrict 7 REAPPOINTMENT OF ROBERTO MORENO TO THE DESIGN COMMISSION (At LargeIDistrict 6 REAPPOINTMENT OF FELlClA WILLIAMS TO THE ENVIRONMENTAL ADVISORY COMMISSION (Mayor REAPPOINTMENT OF SANDRA CLARK DAVIS TO THE HISTORIC PRESERVATION COMMISSION (District 3 REAPPOINTMENT OF FELIPE 0. INFANTE TO THE HUMAN RELATIONS COMMISSION (District 1 REAPPOINTMENT OF TERRIE ANN ALLEN TO THE HUMAN RELATIONS COMMISSION (District 3 REAPPOINTMENT OF ARlEL KIRKLAND TO THE HUMAN SERVICES COMMISSION (District 1 REAPPOINTMENT OF CESAR PORTILLO TO THE HUMAN SERVICES COMMISSION (District 7 REAPPOINTMENT OF ROBERTA MARTINEZ TO THE LIBRARY COMMISSION (District I REAPPOINTMENT OF RENEE MORGAN-HAMPTON TO THE LIBRARY COMMISSION (District 3 REAPPOINTMENT OF KAREN WILLIAMS EVANS TO THE NORTHWEST COMMISSION (District 1 REAPPOINTMENT OF THELMA T. REYNA, PH.D. TO THE NORTHWEST COMMISSION (District 3

5 REAPPOINTMENT OF MICHELLE RICHARDSON-BAILEY TO THE NORTHWEST COMMISSION (Mayor REAPPOINTMENT OF PHIL HOPKINS TO THE PASADENA COMMUNITY ACCESS CORPORATION BOARD (District 7 REAPPOINTMENT OF MARY SCHANDER TO THE PASADENA CENTER OPERATING COMPANY (At LargeIDistrict 6 REAPPOINTMENT OF ANN MARIE HICKAMBOTTOM TO THE PLANNING COMMISSION (District 1 REAPPOINTMENT OF ANDREW WILSON TO THE PLANNING COMMISSION (District 7 REAPPOINTMENT OF DON BREMNER TO THE RECREATION AND PARKS COMMISSION (Mayor REAPPOINTMENT OF KELLEY HOLMES TO THE RECREATION AND PARKS COMMISSION (District 7 REAPPOINTMENT OF CAROL BRAINERD TO THE SENIOR COMMISSION (Mayor REAPPOINTMENT OF ROBIN SALZER TO THE TRANSPORTATION ADVISORY COMMISSION (District 3 It was moved by Councilmember Robinson, seconded by Councilmember Tornek, to approve the above reappointments. (Motion unanimouslv carried) (Absent: Councilmember Madison) RECESS TO SPECIAL JOINT MEETING WITH FINANCE COMMITTEE RECONVENED ORDINANCES-ADOPTED On order of the Mayor, the regular meeting of the City Council recessed at 7:14 p.m. to the special joint meeting with the Finance Committee. On order of the Mayor, the regular meeting of the City Council reconvened at 7:50 p.m. (Absent: Councilmember Madison) Adopt "AN ORDINANCE OF THE ClTY OF PASADENA AUTHORIZING THE ISSUANCE BY THE ClTY OF NOT TO EXCEED $45,000,000 AGGREGATE PRINCIPAL AMOUNT OF ClTY OF PASADENA ELECTRIC REVENUE REFUNDING BONDS, 2010A SERIES, PAYABLE OUT OF THE LIGHT AND POWER FUND, AND APPROVING THE EXECUTION AND DELIVERY OF A SIXTH SUPPLEMENT TO ELECTRIC REVENUE BOND FISCAL AGENT AGREEMENT, AN

6 ESCROW AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT IN CONNECTION THEREWITH" (Introduced by Vice Mayor Gordo) (Ordinance No. 7192) The above ordinance was adopted by the following vote: AYES: Councilmembers Haderlein, Holden, McAustin, Robinson, Tornek, Vice Mayor Gordo, Mayor Bogaard NOES: None ABSENT: Councilmember Madison Adopt "AN ORDINANCE OF THE CITY OF PASADENA ADDING A NEW CHAPTER TO THE PASADENA MUNICIPAL CODE ENTITLED "WATER EFFICIENT LANDSCAPE" (Introduced by Councilmember Tornek) The Mayor noted that Council had received written comments dated June 7, 2010 from David Powell, Pasadena resident, stating his concerns and questions regarding the proposed ordinance. Councilmember Haderlein suggested that the above item be held one week to allow time for staff to respond to Mr. Powell's written comments/concerns. David Powell, Pasadena resident, thanked the Council and staff for giving further consideration to his written comments. By consensus and on order of the Mayor, the above item was held to the meeting of June 14, PUBLIC HEARINGS Councilmember Tornek recused himself at 757 p.m., due to a conflict of interest. PUBLIC HEARING: CALL FOR REVIEW OF A DECISION BY DESIGN COMMISSION - CONCEPT DESIGN REVIEW, 680 EAST COLORADO BOULEVARD - IDS PLAYHOUSE PLAZA Recommendation: (a) Find that this project was subject to an environmental review in the Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program adopted by the City Council on November 16, 2009, and that there are no changed circumstances or new information which would trigger further environmental review; (b) Find that the concept-level design is consistent with the Purposes of Design Review set forth in Section of the Zoning Code, as well as the following design guidelines adopted by the Council: Citywide Design Principles in the Land-use Element of the General Plan and the Central District Design Guidelines and specific plan; (c) Grant concept design approval with the conditions set forth in Attachment A of the agenda report; (d) Direct that an advisory 50% review and final design review be conducted by the Design Commission; and (e) Request the applicant to study the third-story balcony

7 along Colorado Boulevard to insure it is an occupiable and active feature of the building (engaged with the internal circulation). The Mayor opened the public hearing. The City Clerk reported 26 copies of the notice of public hearing were posted on May 20, 2010; 99 copies of the notice were mailed on May 20, 2010; and 1 letter in support of the concept designlproject and 26 letters in opposition to the concept designlproject were received. Steve Mermell, Assistant City Manager, introduced the agenda item and responded to questions. Councilmember Madison returned at 8:30 p.m. Mark Odell, Senior Planner, reviewed the agenda report as part of a Powerpoint presentation. The City Attorney outlined the procedures for the Council to follow during the concept design review and approval process, and responded to questions. John Poindexter, Planning Manager, noted that the findings that the concept design is consistent with the Central District Specific Plan and Pasadena Playhouse Sub-District Design Guidelines are set out in Attachment C of the agenda report; and responded to questions regarding the design review process. Theresa Fuentes, Assistant City Attorney, discussed mitigation measures as they relate to the design review process, and clarified that the Council had previously certified that there were no mitigation measures required to address less than significant aesthetic impacts of the project. Jeff Cronin, Principal Planner, responded to questions regarding the design review process. Discussion followed on the design review process and the role of the City Council when acting as the Design Commission in this instance of concept design review; an option to remand the concept-level design review back to the Design Commission; components of concept-level design review, the 50% review, and the final design review; and the relationship between the land-use entitlements that have been granted and the design review process. The City Attorney advised that Council, acting in place of the Design Commission, was bound to follow the Zoning Code's prohibition on requiring changes to previously granted land use approvals through the design review process.

8 Julianna Delgado, Design Commission Chair, discussed the Commission's work in considering the proposed concept design(s) for the project; expressed the Commission's opposition to the staff recommendation; asked Council to return the project to the Commission, with the caveat that a subcommittee be formed to meet with the applicant's architect over the next month to resolve the outstanding design issues so that concept design review can be granted; and responded to questions. Chris Peck, Design Commissioner, discussed some of the issues that arose during the Commission's deliberations on the proposed concept design(s), and expressed support for the Design Commission Chair's suggestion that this be returned to the Commission for further work at the subcommittee level. The following persons spoke in support of the proposed designlproject: Scott Jenkins, legal counsel for IDS Real Estate Group (applicant) Dave Saeta, IDS Real Estate Group Senior Vice President (applicant) Gene Watanabe, Gensler (applicant's architect), provided a Powerpoint presentation on the proposed concept design. Sheldon Epps, Pasadena Playhouse Artistic Director Silva Zeneian, Pasadena resident Mike Helton, Sierra Madre resident Todd Doney, CB Richard Ellis Vice Chairman, leasing agent for project Patrick Foudy, IDS Real Estate Group Leasing Manager Bridget Furiga, Friends of the Pasadena Playhouse President Brigham Yen, Pasadena resident Lawrence Aldava, Pasadena resident Brian Kite, Harley Ellis Devereaux architect speaking as an individual Sharon S. Muir, Pasadena Playhouse Board member Mark Nay, Pasadena resident Michael Colton, Pasadena resident Abel R. Ramirez, Pasadena resident Carla Walecka, Playhouse District Association President, expressed a neutral position and offered comments on the proposed designlproject: The following persons spoke in opposition to andlor expressed concerns regarding the proposed designlproject: Bob Kneisel, Pasadena resident Neil Kleinman, Madison Heights Neighborhood Association President, submitted a letter stating the Association's position.

9 Bill Urban, West Pasadena Residents Association Board member, submitted a letter stating the Association's position. Terry Tornek, Councilmember speaking as an individual Nina Chomsky, Pasadenans for a Livable City (PLC) member Marsha V. Rood, PLC member Louisa Nelson, Pasadena resident Christle Balvin, PLC member Jim Ciccolo, Pasadena Heritage member Lambert Giessinger, Pasadena Heritage Board member Sue Mossman, Pasadena Heritage Executive Director Sid Tyler, PLC member Joe Feinblatt, Pasadena resident Nancy Lavelle, Pasadena resident Jennifer Higginbotham, Transportation Advisory Commission Vice Chair speaking as an individual Jane Caughey, Pasadena resident Cathy Phelps, Pasadena resident Andy Wilson, Planning Commissioner Tim Martinez, Pasadena resident Greg Mehdi, Pasadena resident Ken McCormick, Pasadena resident Matt Dillhoefer, Pasadena resident It was moved by Councilmember McAustin, seconded by Vice Mayor Gordo, to close the public hearing. (Motion unanimousl~ carried) (Absent: Councilmember Tornek) The City Attorney affirmed that it would not be appropriate to reconsider the land entitlements that have been granted for this project by the City Council on November 16, 2009, and responded to questions. Discussion followed on the option to return the concept design to the Design Commission for further work at the subcommittee level. Councilmember Holden suggested the Design Commission form a subcommittee to work with the applicant and staff to explore an alternative design that would redistribute the mass and scale of the project (consistent with the project approved by Council in November 2009), and considering options such as building over the parking area, connecting the Arcade to the Pasadena Playhouse, exploring removal of the tower, and addressing massing along Colorado Boulevard, which can then be compared to the proposed design, with the matter to return to Council in 30 days. It was moved by Councilmember Haderlein, seconded by Vice Mayor Gordo, to open the public hearing. (Motion unanimouslv carried) (Absent: Councilmember Tornek)

10 In response to Councilmember Haderlein's questions, Julianna Delgado, Design Commission Chair, explained the actions that resulted in the lack of a decision by the Commission on the design concept, and discussed the option for a Commission subcommittee to work with the applicant on the design. It was moved by Councilmember Haderlein, seconded by Councilmember McAustin, to close the public hearing. (Motion unanimously carried) (Absent: Councilmember Tornek) Councilmember McAustin suggested the Design Commission work with the applicant at the subcommittee level on an informal basis, perhaps without staff, to develop a design solution within 30 days, that conforms to the letter and spirit of the Playhouse District and Central District Design Guidelines, the citywide design principles, and the historical context of this area, and with the understanding that superior design solutions may necessitate alternatives to the mass and scale of the building. Councilmember Haderlein expressed support for the City Council making the decision on the design concept, within the parameters set out in the Council action of November The Mayor stated his opinion that the Council action in November 2009 incorporated discretionary review by the Design Commission as a measure to ensure that the aesthetic impacts of the project remained less than significant in consideration of the Playhouse District Design Guidelines, and that further work by the Design Commission and Developer could achieve a more compatible project that is supported by the community. MOTION Following discussion, it was moved by Councilmember Holden, seconded by Councilmember McAustin, to have a subcommittee of the Design Commission work with the applicant and staff to explore alternative designs that would redistribute the mass and scale of the project, within the parameters of the project approved by the City Council on November 16, 2009; and offer options for the issues listed above, with the alternative design to be presented to Council for approval in 30 days. Vice Mayor Gordo expressed concerns regarding the implications of Council making a decision on concept design approval, when this decision would be better made at the Design Commission level; and suggested the matter be remanded to the Design Commission for a subcommittee to work with the applicant on a design that would achieve concept design approval by the Design Commission and work its way through the approval process. He also suggested the Design Commission explore the design issues raised by

11 Councilmember Holden, as well as addressing the matching of the project courtyard with the Pasadena Playhouse courtyard, enlivening El Molino Avenue, and conceptualizing the building as a series of buildings. He noted that if this cannot be achieved within days, the Design Commission and staff must provide a clear report for Council on the outstanding issues, if it is necessary for the matter to return to Council for a decision on concept design. Discussion continued on whether the Design Commission or City Council should retain jurisdiction over concept design approval for the project. The City Manager noted that if a consensus has been achieved at the end of 30 days, this matter could be referred to the Design Commission for their approval; and that if a consensus is not reached in 30 days, the matter would then return to Council. SECOND OF MOTION Councilmember McAustin stated that, after considering WITHDRAWN Council's discussion, she supported Vice Mayor Gordo's approach to remand the project back to the Design Commission for concept design approval, and withdrew her second of Councilmember Holden's motion. (Motion failed, due to lack of a second) MOTION Following additional discussion, it was moved by Vice Mayor Gordo, seconded by Councilmember Madison, to remand the above referenced project back to the Design Commission for a decision on concept design review, and within the parameters of the approvals granted by the City Council on November 16, The Design Commission shall appoint an ad-hoc subcommittee to work with the Developer and staff to explore design alternatives aimed at completing the concept design review process and shall arrive at its decision in no more than 45 days (preferably 30 days). In the event that the Design Commission and Developer are unable to agree on a design alternative, then a statement shall be provided to the City Council identifying issues determined to be agreeable to both the Commission and Developer. Additionally, both the Design Commission and Developer shall provide separate written statements to the Council identifying the reason(s) each side could not agree on the remaining issue(s) of the design alternative. (~othn carried, with ~oincilmembers ~aderleh, Holden obiectinq) (Absent: Councilmember Tornek) CONTINUED PUBLIC HEARING: CITY MANAGER'S RECOMMENDED FISCAL YEAR OPERATING BUDGET AND FISCAL YEAR CAPITAL IMPROVEMENT PROGRAM Recommendation: Receive public comment and continue the public hearing to each subsequent regular meeting of the City

12 Vice Mayor Gordo was excused at 12:13 a.m. Councilmember Tornek returned at 12:14 a.m. Council at 7:30 p.m. until June 21, 2010, or such other later date as the City Council may determine, and at which time the City Council will be asked to close the public hearing and formally adopt the Fiscal Year 2011 Operating Budget and the Fiscal Year Capital Improvement Program Budget. The Mayor announced that now was the time for the continued public hearing. Chris Holden, Chair of the Finance Committee, reported that at the special joint meeting of the City Council and Finance Committee held on June 7, 2010, staff had reviewed the budgets for the following departments: lnformation Technology, Planning and Development, Housing, Human Services and Recreation, and Libraries and lnformation Services. No one appeared for public comment The City Manager noted that updated Budget information, including the department Powerpoint presentations, is available on the City's home web page. By consensus and on order of the Mayor, the public hearing was continued to June 14, 2010 at 7:30 p.m. Vice Mayor Gordo returned at 12:16 a.m. CONSIDERATION OF A CALL FOR REVIEW OF A DESIGN AND HISTORIC PRESERVATION STAFF DECISION TO THE DESIGN COMMISSION REGARDING REVISION TO MASTER SIGN PLAN FOR ARCHSTONEI DEL MAR STATION AT 265 SOUTH ARROYO PARKWAY, PLN (Councilmember Madison) Councilmember Madison stated his concerns regarding the level of need for this additional signage. In response to questions, Vicrim Chima, Assistant Planner, Councilmember Haderlein was noted that the applicant had asked for the additional signage to excused at 12:18 a.m. expand the visibility of the building from Arroyo Parkway Boulevard. It was moved by Councilmember Madison, seconded by Vice Mayor Gordo, to call this matter for review to the Design Commission. (Motion unanimouslv carried) (Absent: Councilmember Haderlein) COUNCIL COMMENTS Councilmember Haderlein returned at 12:20 a.m. Councilmember Madison reported on the grand opening ceremony for the Fillmore Metro Gold Line Station, submitted an Acknowledgement to staff from State Senator Carol Liu that was presented at the ceremony, and complemented staff on the design and quality of the project. He also reported on his first meeting as a member of the Burbank-Glendale-Pasadena Airport Authority Board and the election of Frank Quintero (Glendale) as Board President.

13 Councilmember Robinson announced a District 1 community meeting to be held on June 15, 2010 at Cleveland Elementary School regarding a proposed joint-use playground at the site. ADJOURNMENT On order of the Mayor, the regular meeting of the City Council adjourned at 12:24 a.m., in memory of Jim Brownfield, longtime football and girls track coach at John Muir High School. Bill BoqaardYMavor City ofpasadena ATTEST: