Subject:  Reflections on Ice Rink project after July 13 Finance Comm meeting
Date:  Tue, 28 Jul 2009 17:29:09 -0700
To:  bbogaard@cityofpasadena.net, Margaret McAustin <mmcaustin@cityofpasadena.net>, Jacque Robinson <jacquerobinson@cityofpasadena.net>, cholden@cityofpasadena.net, Steve Haderlein <shaderlein@cityofpasadena.net>, vgordo@cityofpasadena.net, ttornek@cityofpasadena.net, "Madison, Steve" <smadison@cityofpasadena.net>

Honorable Mayor and Councilmembers,

The following comments are based on information available up to and including the Finance Committee meeting on July 13.

1. Edison agreement and its cost needs to be nailed down and included in the financial projections.

2. When would the bonds be issued?

3.  I note the City Manager's recommendation to the Council at presented to the Finance Committee on July 13 does not explicitly include approval of the facility's design, even though throughout the project process it was stated that the City Council would review the design and make the decision to approve it at the same time as approval of everything else. (The Design Commission was explicitly not allowed to approve / disapprove anything, only comment.)  To this point the City Council has never looked at the design in any detail, bypassing the few opportunities to even examine elevation drawings.

So this raises the question as to whether the design is included in item 5, where the City Manager would be authorized to approve any other documents, or will it be an explicit item in the recommended Council actions.

4.  Since the City Manager's recommendation to the Council as presented to the Finance Committee on July 13 does not explicitly mention them as items of approval, apparently the terms of the contracts with Edison and PCC are included as other documents the City Manager would approve, per item 5?

5.  What would the time line be for the unlikely stimulus enabled lease the City Manager and Finance Director mentioned on July 13?  How would that be done if the bonds are already issued and/or management agreement is already in place?  Would seem management agreement vs. lease is material to any bond issue.

6. Concerned about signage, especially given the corporate naming rights, advertising, etc.  Useful external signage is difficult given the landlocked location on a narrow corridor well north of Foothill and the freeway.  Only a very large sign facing south could be seen.   Even directional signs are an issue relative to city ordinance due to the unusual circumstances of the site.

All along it has been stated that signage would be covered by a Master Sign Plan for the site.  The Design Commission was not allowed anything to say about it.  The last elevation drawings shown to the Commission in August 08 included a new wrinkle, what were described as digital signs (if they could be afforded) on the north and south faces of the building.

All along the major identifying sign shown in the design diagrams has been on the east face of the building, even though it would not be visible from the freeway or Foothill, only from within my residential neighborhood.  If you were going to the building it would be only tangentially visible from the access road next to PCC.  Once one is close to the building large signs high up won't be visible; only smaller lower level signs make sense.

At least the sign that was shown in the drawings on the east face of the building, but always described as just a concept subject to the future sign plan, was relatively benign and not highly lighted up at night.  My neighborhood to the east has no need to be constantly reminded what the monstrous building is by a big sign.  Certainly not a lighted or, even worse, a blinking or moving sign.  And park patrons to the north and residents to the west don't need or want any sign blight either.

So I would like Council to state, if they approve going forward, that they are not giving the green light to grant exceptions to the city's signage rules, especially for any signs on the east, north, or west side of the building.

7.  The question posed by Councilman Haderlein during Public Comment before the closed session on June 22 about which Commissions had reviewed the project has not been answered.

Although off the cuff comments have been made by planning staff that the Planning Commission had discussed it at some point, we are not aware that it was ever presented to that Commission.  If it was, what was the date of that presentation, had the process even progressed to picking this location yet, and was it presented as anything more then an informational item?

We do know it was presented to the Design Commission for comment three times at points in the process where their input could have little impact.   1/8/07 concept advisory, but building design almost complete; 3/12/07 final advisory, design complete except still futzing with possibilities for outside spectators; 8/11/08, redesign for cost.

8.  During Martin Pastucha's presentation to the Finance Committee on July 13 he mis-stated that the "site plan" had been to Design Commission and that it had "approved it".

The Design Commission had no authority to approve or disapprove any of the design, only to make comments to be delivered to the City Council.  And those comments would not to be delivered until the time when the entire package including the design, construction contract, financing, etc are presented for approval.  (In other words, you should be seeing them as part of the approval package now.)  Of course, it is really too late to make changes to address any concerns the Design Commission had, so they were effectively cut out.

In part due to the uproar from the Design Commission about this project, the process which minimized Commission review of city projects was changed by the Council in April 2008 to a process more like that required of private developers.  But in doing so the Council specifically excluded the Ice Rink project from the new process so as to avoid any possible delay to the project.  So it is still up to the Council to review and approve the design.

Further, the Design Commission was presented the design only for the city owned property itself, none of the access plan or area to the east of the project.  Design of the access road or anything else outside of the city property line has to date never been made public.   At the Design Commission hearing on August 11, 2008, where the revised design to save money was presented, the city planner told the Commission that the access road was not part of the project but was rather work being done by a city civil engineer and therefore was outside of the Commission's purview.  When they pushed back on that, he said the design wasn't finished yet and in any case could not be made public because agreements with Edison and PCC were not complete.  When the Commission asked that the information be brought to them once it was available, the planner told them they would do so only if the Council requested it, and that the information is part of the entitlement process and "not material".  Essentially he was arguing there is no requirement for any public knowledge or oversight of the access plan design even though it really is integral to the project.

9.  Small technicality.  In attachment E of the report to the Finance Committee on July 13, the Council resolution for reimbursing itself, the word "Reimburse" is misspelled "Reimurse" in the title.

Thank you for your consideration,