|
Present- |
Council Members Golonski, Ramos, Vander Borght and Laurell. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Mr. Ovrom, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos, City
Clerk.
|
|
Oral
Communications |
Mayor Laurell called for oral communications on Closed Session matters at
this time.
|
|
Citizen
Comment |
Appearing to comment were
Howard Rothenbach,
inquiring how the public can tell if anticipated litigation involves the
Airport, noting closed session items always list property addresses if the
item is in regard to negotiations, requesting that the agenda reflect
either Airport or non-Airport with regard to anticipated litigation; Marie
Paino, regarding the appointment of a new City Manager, encouraging the
Council to appoint Assistant City Manager Mary Alvord to the position,
inquiring whether the Media Mall can provide scooters for the handicapped
such as the type provided at the supermarkets.
|
|
5:11 P.M.
Recess |
The Council recessed at this time to the City Hall Basement Lunch
Room/Conference Room to hold a Closed Session on the following:
|
|
|
Public Employee Appointment:
Pursuant to Govt. Code �54957
Title of Position:
City Manager
Brief description of position to be filled:
Administrative Head of Burbank City Government.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:41 p.m. by Mr. Laurell, Mayor.
|
|
Invocation
|
The invocation was given by Rabbi Richard Flom, Temple Emanuel.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Mrs. Forbes, Principal
Planner.
|
|
Present- |
Council Members Golonski, Ramos, Vander Borght and Laurell. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Mr. Ovrom, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos, City
Clerk.
|
|
301-1
Providence St.
Joseph Med.
Center and
Beverly Manor |
Mr. Flad, Park,
Recreation and Community Services Director, made a presentation in honor
of Providence St. Joseph Medical Center and Beverly Manor for their
participation in the congregate meals program for many years. He noted
the program does not cover meals for either Thanksgiving or Christmas Day,
so meals for those two holidays have been generously provided by these two
organizations. Mr. Flad also recognized and thanked Boy Scout Troop 209
and the volunteers who help deliver the meals. He invited Mayor Laurell
to assist him in presenting Certificates of Recognition to the following
representatives from Providence Saint Joseph Medical Center: Sister
Colleen Settles, Regional Director of Mission Leadership, Mike Hatfield,
Executive Chef of Food Services, Ron Sorenson, Director of Community
Outreach, and Mitchell Thomas, Chief Financial Officer. Mr. Flad also
recognized Ken Carroll, Executive Director and Lu Nicholas, Dietary
Manager, representing Beverly Manor.
|
|
301-1
Police Reserves
Recognition
|
Captain Skvarna
honored the Burbank Police Reserves Unit and stated the reserves are
required to obtain the same training as regular Police Officers. He noted
the Reserves donated 6,097 hours to the City in service last year, and
recognized Reserve Officers John Munoz, Eddie Maricevic, Steve Perez,
Kevin Berry and Dewayne Wolfer for their hours of dedicated service.
|
|
6:55 P.M.
Jt. Hrg. with
Redevelopment
Agency
1702
Opp. Site #2
(Old Police
Block) Burbank
Village Walk �
The Olson Co. |
Mayor Laurell stated that �this is the time and place for the joint public
hearing of the Redevelopment Agency and the Council of the City of Burbank
regarding the Burbank Village Walk project located on the block bounded by
Third Street, Angeleno Avenue, San Fernando Boulevard and Olive Avenue,
but 1) excluding approximately 37,200 square feet of land at the corner of
Olive Avenue and Third Street and 2) excluding approximately 15,000 square
feet at the corner of San Fernando Boulevard and Olive Avenue. The
Applicant is Olson Urban Housing LLC. The various components of this
project are a Disposition and Development Agreement; a rezoning to the
Planned Development No. 2002-1 zone to allow for a mixed use project of
residential/retail/restaurant; a Development Agreement related thereto;
and Tentative Tract Map No. 53905 to allow for the subdivision of the site
to 140 residential units, of which 14 will be maintained as affordable
units for moderate income residents. In addition, a Mitigated Negative
Declaration will be considered which addresses the Burbank Village Walk
Project as well as an adjacent office/retail development project.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that no written communications
had been received.
|
|
Staff
Report |
Ms. Davidson-Guerra,
Senior Redevelopment Project Manager, presented a brief project background
and stated the Burbank Village Walk (BVW) project included a 140 unit
residential component with approximately 14,000 square feet (sq ft) of
restaurant/retail uses, proposed at the site bound by Olive Avenue, Third
Street, Angeleno Avenue and San Fernando Boulevard, excluding the parcel
at the corner of Olive Avenue and San Fernando Boulevard, commonly
referred to as the Radio Shack Parcel. She reported in May 1997, the
Redevelopment Agency (Agency) released the initial request for development
proposals and selected Regent Properties as a developer for the site, but
the developer withdrew from the project necessitating the Agency to
release a second request for development proposals, which resulted in a
development team of two joint partners, CIM and the Olson Company. CIM
withdrew and consequently the Agency Board directed staff to move forward
with negotiations with the Olson Company and to carve out a portion of the
site for future office development.
She also reported
since that time, the Cusumano Group submitted a proposal for a 100,000 sf
office project to be located at the corner of Olive Avenue and Third
Street. This proposed project was considered by the Planning Board on
February 10, 2003. She noted over the course of the years, the Agency
assembled the entire project site, relocated all the former tenants, and
was in the process of asbestos and lead abatement, along with utility
relocation and demolition of the structures remaining on site.
Mrs. Forbes,
Principal Planner, addressed the land use zoning and entitlement matters,
stating the site is located in Downtown Burbank. She identified the site
location and the jut-out at Olive Avenue which is necessary to create a
private alley for access to one of the two levels of subterranean parking
on the site. She noted this parking level will house 120 public parking
spaces replacing the public parking that will be demolished on the site,
the guest parking for residential units, as well as the residential
parking spaces that will be separated with a security gate. She stated the
other parking level would be accessed from Angeleno Avenue to exclusively
serve the residential units, and would be secured with a gate. She also
noted the 14,000 sq ft of restaurant and retail space along San Fernando
Boulevard with the residential units above continuing along Angeleno
Avenue and Third Street, to the center of the project site.
Mrs. Forbes reported
in order for the Council to approve a Planned Development (PD) project,
certain design criteria, including consistency with the Burbank Center
Plan and the project�s ability to provide open areas and pedestrian
amenities, must be met. She commented on the amenities, design criteria
and compatibility of the proposed project with the adjacent neighborhoods.
She also added a Mitigated Negative Declaration tiered off the Burbank
Center Plan Environmental Impact Report (EIR) was prepared for this
project as a CEQA requirement and to fully consider all the environmental
impacts of the project site. The declaration included all proposed
development on the site including the referenced office building project
and discussed how a larger project was anticipated by the Burbank Center
Plan EIR. She reported the Planning Board, by a 4-0 vote, recommended
approval of the PD to the Council and the mitigated negative declaration
subject to the conditions as proposed. She also discussed the landscape
plan and design.
Ms. Davidson-Guerra
stated since the proposed project required the Agency to sell property to
the developer, a Disposition and Development Agreement (DDA) has been
negotiated with the purpose of documenting the real estate transaction and
outlining the specific roles of the developer and Agency. She also
discussed the fiscal impacts related to the project and stated the project
will cost $6.7 million in property acquisition, demolition, tenant and
utility relocation, and contingencies. On the revenue side, she stated in
addition to the land sale proceeds of approximately $3 million, the City
Center Redevelopment Fund would realize property tax increment revenue
totaling approximately $5.1 million in present value terms, considering a
6 percent discount factor, with the total revenue anticipated at $ 8.2
million in present value terms.
With regard to the
project schedule, she reported the Agency would open escrow within three
to thirty days, the developer would proceed with design development
drawings and construction plans, and ground breaking for the project was
anticipated for fall 2003 with project completion trailing in 18-24 months
for a fall 2005 completion date. She concluded with a discussion of the
benefits of the project to the downtown area and staff recommendation for
Council approval of the BVW project.
|
|
Applicant |
Mark Buckland,
President of the Olson Company gave a brief background of the Olson
Company and cited a number of projects they have recently been completed
in the cities of Hayward, Pasadena, Santa Ana, and in the San Diego area,
and noted the financial strength of the company. He also mentioned the
project would be tailored to the need for housing for singles and new
couples in the entertainment industry in Burbank.
|
|
Hearing
Closed |
There being no response to the Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
|
Mr. Golonski
remarked on the numerous false starts the site had endured, stated he and
Ms. Murphy recommended the project to the Council, and noted the provision
of moderate housing opportunities and livening-up the downtown area would
be of benefit to the adjacent uses in the downtown. He also noted the
Olson Company was a premier company specialized in this type of
development.
Mr. Vander Borght
remarked on the opportunity to bring a mixed-use project into the area,
and the costly effort to subsidize the affordable units. He expressed
concern with the San Fernando Boulevard frontage and activities of the
restaurant, suggested an increase in open space dining area, and noted the
setback of the residential units represented an urban environment. He
also noted the reality of the office market, the strength of the Olson
Company, and the office component being developed by the Cusumano Company.
He recognized the need for the non-refundable deposits required of the
developer to ensure the project advanced.
Mrs. Ramos expressed
approval of the pedestrian interactive design concept along the San
Fernando Boulevard frontage, noted the affordability factor in this
project, and the overwhelming benefits, in relation to the project�s
location to a major transportation hub.
Mr. Laurell
indicated support for the project and noted the length of time vested in
this project as well as the quality of the two developers on the project
site.
Mr. Golonski
requested Mr. Vander Borght clarify his comments regarding accommodating
an increased outdoor dining area along San Fernando Boulevard, and Mr.
Buckland agreed to consider Mr. Vander Borght�s request to redesign the
restaurant once a tenant was obtained.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Golonski that "the
following resolutions be passed and adopted and the ordinance be
introduced:�
|
|
1702
Adopt Mitigated
Neg. Dec. for Old
Police Block
|
RESOLUTION NO. 26,424:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A MITIGATED
NEGATIVE DECLARATION (OLD POLICE BLOCK, INCLUDES BURBANK VILLAGE WALK).
|
|
1702
Approve Tent.
Tract Map
53905 (Olson
Urban Housing) |
RESOLUTION NO. 26,425:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING TENTATIVE
TRACT MAP NO. 53905 AND CONSENTING TO THE SALE OF PROPERTY (OLSON URBAN
HOUSING LLC, APPLICANT).
|
|
Ordinance
Introduced |
The following ordinance was introduced and read for the first time by
title only and be passed to the second reading. The ordinance was
introduced and the title read:
|
|
1702
Approve PD No.
2002-1 and Dev.
Agmt. (Burbank
Village Walk) |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PLANNED
DEVELOPMENT NO. 2002-1 AND A DEVELOPMENT AGREEMENT RELATED THERETO
(BURBANK VILLAGE WALK).
|
|
Redev. Agency
Reso. Adopted |
Redevelopment Agency Resolution No. R-2055 Approving the Terms and
Provisions and Authorizing Execution of the Disposition and Development
Agreement between the Agency and Olson Urban Housing LLC. (Burbank
Village Walk) was adopted.
|
|
Adopted |
The resolutions were adopted and the ordinance was introduced by the
following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council and the
Redevelopment Agency during the Closed Session meetings.
|
|
First Period of
Oral
Communications |
Mr. Laurell called for speakers for the first period of oral
communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Joe Perry, in
support of hiring Glendale City Manager Jim Starbird to replace Mr. Ovrom;
Minnie Lush, President of the Burbank Association of Realtors, in support
of Measure L, the Library Bond Measure; Sean Romano, in support of Measure
L; Marine Awakyan, speaking in Armenian, in support of Measure L; Howard
Rothenbach, in support of Measure L; Molly Hyman, stating the impartial
analysis of Measure L understated the property tax increase by assessed
value, and asking that the Redevelopment Agency pay for the library; Mark
Barton, requesting to know what plans are being presented to CalTrans with
regard to the intersection of San Fernando Boulevard and Buena Vista
Street; Esther Espinoza, commenting on infrastructure and the need for
affordable housing; and Stan Hyman, in opposition to Measure L.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Second Period
of Oral
Communications |
Mr. Laurell called for speakers for the second period of oral
communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Jay Geisenheimer,
requesting Council support for appointment to the Los Angeles Equestrian
Center (LAEC) Advisory Board, outlining her qualifications for the
position; John Canavan, requesting Council support for appointment to the
LAEC Advisory Board, outlining his qualifications for the position; Esther
Espinoza, who was interrupted because she was not addressing agenda items;
Stan Hyman, concerning the Mid-Year Financial Report, and appropriations
to the PERS Retirement Fund, in opposition to continuing with the
development of the Development and Community Services Building due to
budget constraints; David Piroli, commenting on impending budget
constraints and their effect on the public, inquiring when all levels of
municipal government will make budget cuts, commenting on the Council�s
decision on the Burbank Village Walk Project; and Howard Rothenbach,
commenting on the Mid-Year Financial Report, noting recurring expenditures
were four times greater than recurring revenues, inquiring why the Police
and Fire departments were given significant raises in salaries and
benefits over the next fiscal years.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
801-2
811
Jt. Mtg. with
YES Fund Board
Mid-Year Adjustments |
Mr. Hanway,
Financial Services Director, reported on the mid-year review of Fiscal
Year (FY) 2002-03, a review of the proposed mid-year adjustments being
requested and the projected FY 2003-04 figures.
With the aid of a
power point presentation, he reported in FY 2002-03 recurring
appropriations were above recurring revenues by $1.3 million due to
declined revenue adjustments, coupled with the City incurring higher than
anticipated Memorandum of Understanding costs. He requested $1,777,000 as
part of the mid-year appropriations, noting the annual plan to increase
emergency reserves by $181,000 in June and the need to fund the
Compensated Absences in the amount of $600,000. He also stated the 15
percent working capital reserve would be funded with budget savings from
FY 2002-03.
Next, he discussed
an overview of the major revenues stating sales tax revenues were above
projections with an additional $500,000 from the Empire Center, which
represents a nine percent increase over last year, and noted the fourth
quarter had not been estimated. He added the third quarter was up 11
percent, even though not all stores at the Empire Center were opened until
the fourth quarter, and added property tax revenues increased by $975,000.
On the negative side he reported the Utility Users Tax was being
re-estimated at $1.2 million less than the budget estimate due to the
telecom users taxes. He noted there has been a shift from using landline
telephones to cellular telephones, impacting collections as the City does
not receive 100 percent of proceeds from the use of cellular phones. He
also commented on the stiff competition between long distance carriers,
driving down the prices and detrimentally impacting revenues. Also, he
reported receipts from the Transient Occupancy Tax have not met the
projected revenues consequently reducing the estimate by $618,000.
Mr. Hanway also
mentioned other detrimental issues not highlighted including: low interest
rates on investments resulting in a $404,000 reduction; salary
expenditures resulting from the need for constant staffing in the Fire
Department due to the State military reserves recall costing $71,000;
increase in industrial accident costs, noting these costs will be refunded
from the Workers Compensation Self Insurance Fund to the General Fund;
Memorandum of Understanding (MOU) increases; increase in the post
retirement benefit plan; recent windstorms; background checks for
Community Disaster Volunteers; and, purchase of a street sweeper and
related personnel costs. He also discussed the fiscal impact to the
different funds.
Next, Mr. Hanway
discussed the General Fund Forecast for FY 2003-04 and stated the major
driving forces of the projected $6.6 million deficit were investment
losses combined with Police and Fire Department retirement packages. He
reported other driving forces included: the proposed FY 2003-04 PERS
ramp-up; Fire Department overtime/constant manning deficit; MOU projected
costs; and, the Internal Service Funds including the General Liability and
Workers Compensation Self Insurance Funds. He concluded with a five-year
forecast, noting the structural imbalance that needed correction.
Mr. Hanway also
discussed the impact of the State budget deficit to the General Fund and
the Redevelopment Agency, and noted the actual amounts were unknown at
this time.
Mr. Golonski
requested the departments provide a budget detail by program and the
proposed reductions along with impact statements.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mrs. Ramos that "the
following resolution be passed and adopted:�
|
|
801-2
811
FY 2002-03
Mid-Year Adjustments |
RESOLUTION NO. 26,426:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE BUDGET OF
FISCAL YEAR 2002-2003 FOR THE PURPOSE OF MID-YEAR ADJUSTMENTS.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
YES Fund Board
Reso. Adopted |
Youth Endowment Services Fund Board Resolution No. Y-32 Amending the
Fiscal Year 2002-2003 Budget and Appropriating $500 for the Purpose of
Mid-Year Adjustments was adopted.
|
|
Item Removed
From Consent
Calendar |
The item regarding Amendment No. 1 to an Agreement with Widom Wein Cohen
O�Leary Terasawa for Architectural Services for the Development and
Community Services Building was removed from the consent calendar for the
purpose of discussion.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Vander Borght that "the
following items on the consent calendar be approved as recommended.�
|
|
1211
Reso. of Intent
For Weed
Abatement Program |
RESOLUTION NO. 26,427:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING THAT WEEDS
GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON
AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC
NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT
THEREOF.
|
|
701
1207
PSA with
Clifford Development
Group |
RESOLUTION NO. 26,428:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND CLIFFORD
DEVELOPMENT GROUP, INC.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
1207
1st Amend. to
Agreement with
Widom Wein
Cohen O�Leary
Terasawa for
Architectural Services for the
DCSB |
Mr. Vander Borght
inquired of Mr. Feng, Public Works Director, the possibility of
reconsidering this item in view of the deteriorating financial constraints
facing the City.
Mr. Feng stated
regardless of the City�s financial position, the Council would always have
100 percent control of the project, including the ability to stop the
project at anytime. He noted on December 10, 2002 staff made a
presentation on this project, and the Council approved the completion of
the construction drawings for the Development and Community Services
Building (DCSB) project. He added the funds were appropriated that
evening, and the action before the Council would authorize movement of the
funds from one account to another in order to pay the architect to date,
with a balance of funds which approximate $1 million remaining in the
account. He informed the Council staff had administratively stopped the
design process at this time, due the uncertainty of the budgetary process.
He noted the City was still ramping-up for the debt service for the
project, pending prioritization of capital projects citywide.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Golonski that "the
following resolution be passed and adopted:�
|
|
1207
1st Amend. to
Agreement with
Widom Wein
Cohen O�Leary
Terasawa for
Architectural Services for the
DCSB |
RESOLUTION NO. 26,429:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AMENDMENT NO.
1 TO AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF BURBANK AND
WIDOM WEIN COHEN O�LEARY TERASAWA.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
9:03 P.M.
Mrs. Ramos left
the Meeting |
Mrs. Ramos recused herself from the meeting at this time due to a possible
business transaction with the proprietor of the Los Angeles Equestrian
Center.
|
|
202
Appt. to L.A.
Equestrian Center
Advisory Board |
Mr. Laurell stated
he was not supportive of the City participating on the Los Angeles
Equestrian Center (LAEC) Advisory Board noting the impacts are solely on
Burbank residents, and suggested a dedicated advisory board comprised of
Burbank members only. He stated his concerns that recommendations not in
favor of the City of Burbank could be forwarded to the Los Angeles Parks
and Recreation Commission placing Burbank in a similar situation as with
the Joint Powers Agreement with the Airport, with three votes on a
nine-member panel, often resulting in a losing end of a three-to-six vote.
He also noted the importance of participating, provided it was a Burbank
Advisory Board and requested to abstain from this item.
Mr. Barlow informed
the Council that action could not be taken with two Council members and
requested the item be postponed to a future meeting.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Vander Borght that "this
item be postponed to the February 18, 2003 City Council meeting.�
|
|
Carried |
The motion carried by the following vote:
Ayes: Council Members
Golonski, Vander Borght and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy and Ramos.
|
|
9:12 P.M.
Mrs. Ramos
Returned to the
Meeting |
Mrs. Ramos returned to the meeting at this time.
|
|
1506
1st Amend. to
the Entrix, Inc.
PSA |
Mr. Fletcher, Assistant General Manager, Burbank Water and Power (BWP),
presented a report seeking approval for a Professional Services Agreement
(PSA) amendment for Entrix Inc., BWP�s environmental advisor. He stated
the $150,000 amendment was required to secure the South Coast Air Quality
Management District (SCAQMD) operating permit for Lake One, a new power
plant, secure construction permits for the Olive 1 and Olive 2 NOx
retrofits and for detailing the compliance associated with the NOx
emissions generated during the energy crisis of 2001. He reported the
Lake One power plant employed the best available control technology in
order to minimize its potential impact on the environment. He noted the
onerous task of attaining full emissions reductions from the power
generating units. He stated the Los Angeles Department of Water and Power
(LADWP) completed their units� emissions reductions in 2001, with BWP
following in summer of 2002. However, the LADWP and BWP units did not meet
the expected level of performance for an operating permit from the SCAQMD.
Mr. Fletcher reported since September 2002, Entrix Inc, has supported
BWP�s efforts to get the performance problem solved, and a determination
was made that the primary cause of the performance problems have been in
the manufacture of the catalyst. He reported the manufacturer has replaced
the catalyst and BWP installed the catalyst in the Lake One Unit with
initial tests indicating the unit will meet the expected level of
performance. Entrix Inc. will continue its efforts to secure the SCAQMD
operating permits, as well as incorporate other performance improvements
to reduce NOx reduction and extend the life of the catalyst.
He also reported the SCAQMD has required that BWP file separate permits to
be processed in series for the Olive 1 and 2 plants, stretching the time
and work required to secure the construction permits. The Olive 1 permit
has been received and staff is awaiting the Olive 2 permit.
Next, Mr. Fletcher reported on the 2001 energy shortage which required
electric generation to operate at historically high levels and resulted in
a production of NOx at a higher rate than expected. He stated this problem
was immediately addressed by SCAQMD with new rules, pending federal
approval, that could take more than one year. With the rule changes a
variety of measures can be proposed to determine adjustments to power
plant emissions. He concluded with a statement that Entrix Inc. has
provided quality service to BWP for over 10 years and that staff was
confident the Lake One permit would be secured in a timely fashion.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following resolution be passed and adopted:�
|
|
1506
1st Amend. to
the Entrix, Inc.
PSA |
RESOLUTION NO. 26,430:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
BURBANK AND ENTRIX, INC. FOR ENVIRONMENTAL CONSULTING SERVICES.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
1704-3
1702
CUP and PD
Conditions of
Approval
Verification
Pilot Program |
Mr. Hess,
Administrative Analyst, Community Development Department reported as part
of the Fiscal Year 2002-03 budget process, the Council directed staff to
create a conditions of approval enforcement pilot program to verify and
track the conditions established for discretionary entitlement such as
Conditional Use Permits (CUP) and Planned Developments (PD), and stated
the purpose of this report was to provide details of the pilot program
prior to its potential initiation. He gave a background of the program and
described the two categories of the conditions of approval which determine
when compliance can be confirmed; noting the first category is comprised
of conditions requiring immediate compliance, including building or
occupancy permit, and the second category comprised of conditions of
approval which prescribe restriction on the use or performance standards
such as confinement of hours of operation or limitation on outdoor
activities.
He stated over the
past years, Planning Board members have expressed concerns that conditions
of approval are not being met in the community. He noted currently,
confirmation of compliance with the secondary category is only done when a
complaint is received or when City inspectors verify a violation while in
the field, thereby requiring routine field checks or reliance on
complaints to ensure lifetime compliance. He stated staff was proposing
the pilot program be conducted in- house using existing staff as opposed
to using consultants. He added staff�s proposal was to use a code
compliance inspector who is extremely familiar with City inspection
procedures, as well as existing CUP and PD projects, along with permit
processes, noting the inspector will be dedicated solely to this program
for the six-month duration. He stated the License and Code Services
Division would work with the Planning Division in obtaining case files and
conditions of approval for the program, with emphasis on CUPs which
currently receive the most complaints.
He stated research
had been conducted revealing that, although several cities had considered
conducting such a program, staff was unable to find a city that had
adopted and implemented such a proactive program. He noted concerns that
a proactive approach could create an excessive workload from spin-off
complaints which require inspection. He also stated in light of the
budget uncertainties, staff was not supportive of a new pilot code
enforcement program that may evolve into a new on-going program with
recurring costs
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Vander Borght that "staff
defer the program but continue the process.�
|
|
Carried |
The motion carried by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
904-2
405-2
Household Hazardous Waste
Contract Agmt.
with Glendale |
Mr. Fischer, Assistant Public Works Director, stated in 2000 the cities of
Burbank and LaCanada Flintridge jointly requested and received a grant to
set up a joint use household hazardous waste collection program in the
City of Glendale. Since that time, the City has continued to support the
program with the refuse fund annually renewing the agreement with the City
of Glendale for continued use. He stated the program has been well
accepted by the residents and added that by approving this agreement the
City will continue to keep hazardous material out of the landfill.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following resolution be passed and adopted:�
|
|
904-2
405-2
Household Hazardous Waste
Contract Agmt.
with Glendale |
RESOLUTION NO. 26,431:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT
BETWEEN THE CITIES OF BURBANK AND GLENDALE REGARDING USE OF THE GLENDALE
HOUSEHOLD HAZARDOUS WASTE FACILITY (KNOWN AS THE GLENDALE ENVIRONMENTAL
MANAGEMENT CENTER) BY THE RESIDENTS OF THE CITY OF BURBANK.
|
|
Adopted |
The resolution was adopted
by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
1416
Ten-Year Extension of Bus Shelter License
Agmt. with Viacom Outdoor Inc. |
Ms. Garcia, Administrative Analyst, Public Work Department presented a
report requesting Council approval for a 10-year extension of the bus
shelter license agreement with Viacom Outdoor, Inc. for the construction,
installation, maintenance, repair and management of 88 bus shelters, and
maintenance of 180 concrete bus benches.
She stated on March 19,
1993, the City entered into a 10-year agreement with Gannett Outdoor
Company of Southern California (Gannett) to construct, maintain, operate,
and manage advertising bus shelters and non-advertising bus benches at
various locations throughout the City. She added in July of 1996, Outdoor
Systems, Inc. acquired Gannett and on December 17, 1996, the Council
approved a non-exclusive agreement with Outdoor Systems, Inc., now known
as Viacom Outdoor, Inc. (VO), reassigning the agreement for the remaining
time of the contract. This agreement expires on March 18, 2003, with
terms that allow for an extension of up to 10 years. Ms. Garcia also
reported in 2002, staff retained the accounting services of Vavrinek,
Trine, Day & Co., LLP (VTD) to audit VO�s records for the calendar years
ending December 31, 2000 and 2001. VTD�s analysis consisted of verifying
the mathematical accuracy of the fee remittances, advertising contracts,
allocations of advertising revenue and tracing such amounts to the
company�s monthly revenue summaries. VTD did not find any inconsistencies
and the overall findings resulted in recommendations to clarify language
and include provisions to the agreement.
Ms. Garcia stated the terms
and conditions of the current agreement with VO remain essentially the
same, noting exceptions: staff re-negotiated the rental fees requiring VO
to pay 20 percent of net revenue for each shelter, less a guaranteed base
amount of $100 per shelter for the first two years. The base amount will
increase $10 per month per shelter every two years with the final increase
in 2011 bringing the base amount to $140 per month per shelter. She noted
the compensation under the current agreement is 12.5 percent of net
revenue for each shelter, less a guaranteed fixed base fee of $75 per
shelter per month. Also, a provision was added to address late payments
which will result in a fee of $5 per day for the first 15 days after the
date upon which the payments are due. The late charges will increase to
$20 a day for each day after the first 15 days past the due date, but
noted that VO was not delinquent with any payments to the City.
Ms. Garcia also reported
the current agreement was silent as to the treatment of trade-outs which
occur when VO�s customers remit payments in a form other than cash, such
as studio tickets, clarifying under the new agreement, VO will notify the
City in writing when trade-outs are received and the value of such
trade-outs will be considered revenue and treated as such. She stated VO
has provided a high level and quality of service to the City and renewing
this agreement will ensure continuity in the level and quality of
services, noting the proposed agreement will also increase a minimum
guaranteed revenue over a ten-year term by $484,170 from the previous
agreement, adding that staff surveyed some cities with bus shelter
agreements and determined that the renegotiated fees are competitive.
Mrs. Ramos inquired about a
bus shelter agreement with Clear Channel Outdoor and how that compares
with the VO agreement. Ms. Garcia stated Clear Channel Outdoor has 65 bus
shelters as opposed to the 88 with VO, and added VO also maintains 180
concrete bus benches.
|
|
Motion |
It was moved by Mr. Vander
Borght and seconded by Mrs. Ramos that "the following resolution be passed
and adopted:�
|
|
1416
Ten-Year Extension of Bus
Shelter License
Agmt. with
Viacom Outdoor
Inc. |
RESOLUTION NO. 26,432:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A BUS SHELTER
LICENSE AGREEMENT BETWEEN THE CITY OF BURBANK AND VIACOM OUTDOOR, INC.
|
|
Adopted |
The resolution was adopted
by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
Ordinance
Submitted |
It was moved by Mrs. Ramos and seconded by Mr. Vander Borght that
"Ordinance No. 3617 be read for the second time by title only and be
passed and adopted.� The title to the following ordinance was read:
|
|
708
202-5
804-3
206
PerformArts Grant Program
And Renaming
Park, Rec. and
Comm. Services
Board |
ORDINANCE NO. 3617:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE 4,
CHAPTER 2 OF THE BURBANK MUNICIPAL CODE RELATING TO THE PARK, RECREATION,
AND COMMUNITY SERVICES BOARD.
|
|
Adopted |
The ordinance was adopted
by the following vote:
Ayes: Council Members
Golonski, Ramos, Vander Borght
and Laurell.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
9:59 P.M.
Reconvene Redev.
Agency and YES
Fund Board
Meetings |
The Redevelopment Agency and Youth Endowment Services Fund Board meetings
were reconvened at this time.
|
|
Third Period of
Oral
Communication |
Mr. Laurell called for speakers for the third period of oral
communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Kreigh Hampel, requesting the City adopt a resolution against military
actions in Iraq, noting 14 California cities have already done so, and 11
others are in the process of doing so, and the reasons why such an
approach is feasible; Eden Rosen, commenting on the forthcoming Affordable
Housing Report and several landlord-tenant issues; Irma Loose, commenting
on a recent newspaper article pertaining to a candidate for Council
Member, and on the family name of another candidate for Council Member;
and, David Piroli, commenting on the proposed pilot project, and on the
consequences on the proliferation of Conditional Use Permits.
|
|
Staff
Response
|
Members of the Council and staff responded to questions raised.
|
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 10:18 p.m.
____________________________
s/Margarita Campos
Margarita Campos, City Clerk
|
