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COUNCIL AGENDA - CITY OF BURBANKTUESDAY,
FEBRUARY 18, 2003
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This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desks at the three libraries and are available for public inspection and review. If you have any question about any matter on the agenda, please call the office of the City Clerk at (818) 238-5851. This facility is disabled accessible. Auxiliary aids and services are available for individuals with speech, vision or hearing impairments (48 hour notice is required). Please contact the ADA Coordinator at (818) 238-5021 voice or (818) 238-5035 TDD with questions or concerns.
CLOSED SESSION ORAL COMMUNICATIONS IN COUNCIL CHAMBER: Comments by the public on Closed Session items only. These comments will be limited to three minutes.
For this segment, a PINK card must be completed and presented to the City Clerk.
CLOSED SESSION IN CITY HALL BASEMENT LUNCH ROOM/CONFERENCE ROOM:
a. Conference with Legal Counsel � Existing Litigation: Pursuant to Govt. Code �54956.9(a) 1. Name of Case: In the matter of the application of Burbank-Glendale-Pasadena Airport Authority � Administrative (Variance) Hearing conducted by Cal Trans. Case No.: OAH No. L2001-110412 Brief description and nature of case: Administrative review of Airport noise variance standards.
2. Name of Case: City of Burbank v. Burbank-Glendale-Pasadena Airport Authority. Case No.: BC259852 Brief description and nature of case: Declaratory Relief.
b. Conference with Legal Counsel � Anticipated Litigation (City as possible plaintiff): Pursuant to Govt. Code �54956.9(c) Number of potential case(s): 4
c. Conference with Legal Counsel � Anticipated Litigation (City as potential defendant): Pursuant to Govt. Code �54956.9(b)(1) Number of potential case(s): 1
d. Threat to Public Services or Facilities: Pursuant to Govt. Code �54956.5 Consultation with: Fred Lantz, Burbank Water and Power Assistant General Manager � Water Systems.
e. 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.
When the Council reconvenes in open session, the Council may make any required disclosures regarding actions taken in Closed Session or adopt any appropriate resolutions concerning these matters. |
6:30
P.M. INVOCATION:
Chaplain Jon Arnold, St. Joseph Medical Center The
Courts have concluded that sectarian prayer as part of City Council meetings is
not permitted under the Constitution. FLAG
SALUTE: ROLL
CALL: ANNOUNCEMENT:
WEDNESDAY NIGHT PRIME TIME PROGRAMS. ANNOUNCEMENT:
PRIMARY NOMINATING ELECTION ON FEBRUARY 25, 2003. ANNOUNCEMENT:
COUNCIL MEETING DARK ON FEBRUARY 25, 2003. ANNOUNCEMENT:
CHAMBER OF COMMERCE CANDIDATE FORUM MARCH 1, 2003. ANNOUNCEMENT:
SATURDAY VOTING ON FEBRUARY 22, 2003. PRESENTATION:
WATER IS LIFE AWARD. COUNCIL
COMMENTS: (Including reporting on Council Committee Assignments) INTRODUCTION
OF ADDITIONAL AGENDA ITEMS: At this
time additional items to be considered at this meeting may be introduced. As a
general rule, the Council may not take action on any item which does not appear
on this agenda. However, the Council may act if an emergency situation exists or
if the Council finds that a need to take action arose subsequent to the posting
of the agenda. Govt. Code �54954.2(b). 6:30
P.M. PUBLIC HEARING: 1.
A RESOLUTION ORDERING THE ABATEMENT OF NUISANCES AS CONTEMPLATED BY CITY
RESOLUTION NO. 26,427: Staff
is requesting Council approval of a resolution which orders the abatement of
nuisances caused by weeds and debris on private properties listed in Resolution
No. 26,427, to authorize an assessment for cost reimbursement to the County of
Los Angeles, and to give notice for subsequent weed and debris abatement if
required. The
purpose of the annual weed abatement program is to remove the nuisances created
on various private properties by weeds, rubbish, refuse, and brush. These
nuisances include potential fire hazards and a haven for rodents and vectors. On
February 11, 2002, the Council adopted Resolution No. 26,427 which declared
weeds and debris on private properties as a nuisance, which requires abatement.
Written notice of the February 18, 2002, public hearing was mailed to each
property owner declared in the resolution notifying them of the time and place
for appeal. The
owners of the privately owned properties may complete the abatement themselves
or have the County of Los Angeles Weed Abatement Division clear their property.
If the property is cleared by the County, the owner�s property tax bill will
be assessed for reimbursement for the cost incurred. The
County of Los Angeles cleans private property of weeds and debris. The County
keeps track of these charges and is reimbursed through the private property tax
bill as a lien against the property. For this program there is no cost impact to
the City of Burbank General Fund or the Redevelopment Agency budget other than
incidental administrative costs. Recommendation: Adoption
of proposed resolution entitled: A
RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE ABATEMENT OF
NUISANCES IN THE CITY OF BURBANK, AS CONTEMPLATED BY COUNCIL RESOLUTION NO.
26,427. REPORTING
ON CLOSED SESSION: AIRPORT
AUTHORITY MEETING REPORT: 2. AIRPORT
AUTHORITY COMMISSIONER REPORT: At the
request of the Burbank representatives to the Airport Authority, an oral report
will be made to the Council following each meeting of the Authority. The
main focus of this report will be issues which were on the Airport Authority
meeting agenda of February 18, 2003. Other Airport related issues may also be
discussed during this presentation. Recommendation: Receive
report. FIRST
PERIOD OF ORAL COMMUNICATIONS: (One minute on any matterconcerning City
Business.) There
are four segments of Oral Communications during the Council Meeting. The first
precedes the Closed Session items, the second and third segments precede the
main part of the City Council�s business (but follow announcements and public
hearings), and the fourth is at the end of the meeting following all other City
business. Closed
Session. During this period of oral communications, the public may comment
only on items listed on the Closed Session Agenda(s). A PINK card must be
completed and presented to the City Clerk. Comments will be limited to three minutes. First
Period of Oral Communications. During this period of Oral Communications,
the public may comment on any matter concerning City Business. A BLUE card
must be completed and presented to the City Clerk. NOTE: Any person speaking
during this segment may not speak during the third period of Oral
Communications. Comments will be limited to one minute. Second
Period of Oral Communications. This segment of Oral Communications
immediately follows the first period, but is limited to comments on agenda items
for this meeting. For this segment, a YELLOW card must be completed and
presented to the City Clerk. Comments will be limited to four minutes. Third
Period of Oral Communications. This segment of oral communications follows
the conclusion of agenda items at the end of the meeting. The public may comment
at this time on any matter concerning City Business. NOTE: Any member of the
public speaking at the First Period of Oral Communications may not speak
during this segment. For this segment, a GREEN card must be completed and
presented to the City Clerk. Comments will be limited to three minutes. City
Business. City business is defined as any matter that is under the
jurisdiction of the City Council. Although other topics may be of interest to
some people, if those topics are not under City Council jurisdiction, they are
not City business and may not be discussed during Oral Communications. Videotapes/Audiotapes.
Videotapes or audiotapes may be presented by any member of the public at any
period of Oral Communications or at any public hearing. Such tapes may not
exceed the time limit of the applicable Oral Communications period or any public
comment period during a public hearing. The playing time for the tape shall be
counted as part of the allowed speaking time of that member of the public during
that period. Videotapes
must be delivered to the Public Information Office by no later than 10:00 a.m.
on the morning of the Council meeting in a format compatible with the City�s
video equipment. Neither videotapes nor audiotapes will be reviewed for content
or edited by the City prior to the meeting, but it is suggested that the tapes
not include material that is slanderous, pornographic, demeaning to any person
or group of people, an invasion of privacy of any person, or inclusive of
material covered by copyright. Printed
on the videocassette cover should be the name of the speaker, the period of oral
communication the tape is to be played, and the total running time of the
segment. The Public Information Office is not responsible for "cueing
up" tapes, rewinding tapes, or fast forwarding tapes. To prevent errors,
there should be ten seconds of blank tape at the beginning and end of the
segment to be played. Additionally, the speaker should provide the first
sentence on the tape as the "in cue" and the last sentence as the
"out cue". As with
all Oral Communications, videotapes and audiotapes are limited to the subject
matter jurisdiction of the City and may be declared out of order by the Mayor. Disruptive
Conduct. The Council requests that you observe the order and decorum of our
Council Chamber by turning off or setting to vibrate all cellular telephones and
pagers, and that you refrain from making personal, impertinent, or slanderous
remarks. Boisterous and disruptive behavior while the Council is in session, and
the display of signs in a manner which violates the rights of others or prevents
others from watching or fully participating in the Council meeting, is a
violation of our Municipal Code and any person who engages in such conduct can
be ordered to leave the Council Chamber by the Mayor. Once an
individual is requested to leave the Council Chamber by the Mayor, that
individual may not return to the Council Chamber for the remainder of the
meeting. BMC �2-216(b). Individuals
standing in the Council Chamber will be required to take a seat. Also, no
materials shall be placed in the aisles in order to keep the aisles open and
passable. BMC �2-217(b). Your
participation in City Council meetings is welcome and your courtesy will be
appreciated. COUNCIL
AND STAFF RESPONSE TO FIRST PERIOD OF ORAL COMMUNICATIONS: SECOND
PERIOD OF ORAL COMMUNICATIONS: (Four minutes on Agenda items only.) COUNCIL
AND STAFF RESPONSE TO SECOND PERIOD OF ORAL COMMUNICATIONS: JOINT
MEETING WITH THE REDEVELOPMENT AGENCY: 3. Blue
Ribbon Task Force on Affordable Housing Recommendations: The
City Council and Redevelopment Agency established a task force to incorporate
public participation into the process of developing an overall housing strategy
for increasing the supply of affordable housing in Burbank. In order to ensure a
broad range of representation from the disparate segments of the community
affecting or affected by housing affordability, the Blue Ribbon Task Force on
Affordable Housing (Task Force) was comprised of Agency Members Marsha Ramos
(who served as the chairwoman) and David Golonski, renters and representatives
from the Apartment Owners Association of Southern California, Burbank
Association of Realtors, Burbank Council on Disabilities, Burbank Housing
Corporation, Burbank Senior Board, Cusumano Real Estate Group (multifamily
housing developer), Fair Housing Council of San Fernando Valley, Landlord-Tenant
Commission, The Simmons Group (multifamily housing developer), Wesley Community
Corporation, Burbank Unified School District Board of Education, and the Burbank
Planning Board. The
Task Force recognized that Burbank, as a built-out community, faces a high
demand for housing, which erodes housing affordable to low and moderate-income
households. In this environment, the Task Force concluded that housing stock
growth should be directed primarily along commercial corridors and the downtown,
areas associated with non-residential uses better accommodated to more intensive
residential products, while also preserving the integrity of single-family
neighborhoods. The Task Force also thought it important to continue several
programs: acquisition/rehabilitation efforts with the Burbank Housing
Corporation, residential rehabilitation; homeownership assistance; and, Section
8 rental assistance. Finally, the Task Force has put forth several
recommendations to regulate development, such as mixed-use zoning guidelines and
an inclusionary housing ordinance that requires private developers to include a
percentage of affordable units within market rate housing developments. Following
are specific program recommendations implementing one or more of these
objectives. OBJECTIVE
1. CREATE COMMUNITY IN CONJUNCTION WITH HOUSING This is
the most critical of all the Task Force's recommendations, for it forms the
foundation upon which rests all of the other recommendations by creating a sense
of community in concert with the development of housing. In addition to
supporting affordable housing projects, this objective proposes different types
of community serving uses/services be introduced to "enhance community
sharing and interaction, thereby improving the overall quality of life in an
area." Program: Integrate
community-serving uses with housing development. Recommendation:
Wherever possible, seek to incorporate community-serving uses within new and
existing residential development, which address the needs of the larger
neighborhood. Program: Encourage
sustainable building practices. Recommendation:
Authorize the Building Division to evaluate Sustainable Building Guidelines
adopted by other jurisdictions (such as Los Angeles and Santa Monica) and report
back to the Council. Incorporate policies as appropriate within the General
Plan. OBJECTIVE
2. ENCOURAGE BALANCE AND VARIETY IN HOUSING The
Task Force noted that it was important to encourage balance and variety in
housing to meet the housing needs of Burbank's diverse population. To do so, two
programs are suggested that create incentives for the private sector to
assist in the balanced development of housing by incorporating units affordable
to various economic segments of the community. Program: Adopt
Inclusionary Zoning to integrate affordable units within market rate
developments. Recommendation:
Develop a draft Inclusionary Housing Ordinance and in-lieu fee structure for
consideration by the Council. Target a 15 percent affordability requirement, and
income targeting very-low, low, and moderate-income households. Program: Affordable
Housing Incentives Ordinance. Recommendation:
Develop a draft Affordable Housing Incentives Ordinance for consideration by the
Council that conforms to state density bonus law and defines affordable housing
cost. Once adopted, promote the availability of the Ordinance among the
development community. OBJECTIVE
3. FACILITATE MIXED-USE AND IN-FILL DEVELOPMENT Burbank
is a built-out community with virtually no underdeveloped residential land;
however, new housing can be channeled towards the downtown, to underutilized
commercial areas and on scattered residential sites, thereby accommodating
needed housing while preserving existing neighborhoods and hillside areas. The
Redevelopment Agency could assist in assembling sites for development and the
City could provide flexible zoning mechanisms in support of mixed-use and
in-fill development. The Agency has already begun assembling parcels for
development of affordable and mixed-income housing in the South San Fernando
Redevelopment Project Area with the following projects: the Senior Artists
Colony (141 units); Burbank Accessible Apartments (18-unit independent living
facility); and, the Lance site (33 attached condominiums). Program: Site
assembly/reuse of existing structures in Downtown for mixed-use development. Recommendation:
Continue to assist in the assemblage of land for mixed-use development in the
Downtown. Integrate affordable units within Redevelopment Agency assisted
projects. Program: Site
assembly along commercial corridors for residential in-fill. Recommendation:
As part of the 2003 update of the City�s Land Use Element, define appropriate
locations and product types for residential and mixed-use in-fill along
commercial corridors. Assist with site assembly through the Redevelopment Agency
to facilitate in-fill activity in targeted areas in exchange for affordability
covenants on a portion of the units. Program: Adopt
mixed-use zoning standards, including live/work options, and standards for
small lot development. Recommendation:
Direct the Planning Division to draft a mixed-use development ordinance,
including provisions for live/work units, and a small lot in-fill ordinance for
review by the Planning Board and City Council. Program:
Acquisition of scattered vacant residential sites/distressed properties for
in-fill development. Recommendation:
Work in conjunction with the Burbank Housing Corporation to identify
strategically located vacant and distressed residential properties for
acquisition, and provide land write-downs for development of mixed income and
affordable housing. OBJECTIVE
4. PRESERVE EXISTING AFFORDABLE HOUSING Program: The
buy-down of debt on existing apartment buildings in exchange for
affordability covenants. Recommendation:
Direct staff to research Debt Buy-Down programs implemented in other
jurisdictions, and discuss the logistics of structuring such a program with
local lenders and realtors. Present recommended program guidelines to the
Council. Program: Section 8
Rental Assistance. Recommendation:
Pursue additional Section 8 funding allocations as they become available, and
continue to provide priority assistance to households currently residing or
working in Burbank. OBJECTIVE
5. SUSTAIN AND STRENGTHEN NEIGHBORHOODS Program:
Acquisition/rehabilitation in focus neighborhoods. Recommendation:
Continue to support acquisition and rehabilitation activities in Focus
Neighborhoods, with an emphasis on community building through integration of
neighborhood serving uses. Explore expansion of existing Focus Areas, and the
addition of a new area at Lake Street and Alameda Avenue. Program:
Single-family and multifamily rehabilitation assistance. Recommendation:
Continue to implement an active residential rehabilitation program as a key tool
to sustaining existing neighborhoods. Seek to provide assistance to
approximately 40-50 households annually, consistent with the Agency�s
Implementation Plan. OBJECTIVE
6: EXPAND HOMEOWNERSHIP OPPORTUNITIES Program: Site
assembly for development of mixed income homeownership. Recommendation:
Continue to assist in the assemblage of land in support of mixed income
homeownership developments within the parameters established under Assembly Bill
637. Program:
Homeownership assistance to low and moderate income purchasers. Recommendation:
Continue to offer ownership assistance on a citywide basis, as well as in
conjunction with development of Agency-assisted ownership housing. Develop
recommended refinements to the Mortgage Assistance Program to enhance
utilization for consideration by the Agency. Seek to assist 20 households
annually, consistent with the Agency�s Implementation Plan. OBJECTIVE
7: PROMOTE AFFORDABLE AND ACCESSIBLE HOUSING TO SPECIAL NEEDS POPULATIONS Program: Provide
housing for special needs populations, including the disabled, large
families, single-parent households, seniors, and victims of domestic
violence. Recommendation:
Continue to support the provision of special needs housing through new
construction and re-use of existing structures, and through coordination with
non-profit housing providers. Program: Financial
assistance to property owners and tenants for accessibility improvements in
existing rental housing. Staff
requests Council approval to develop program guidelines for expansion of the
Agency�s current Rehabilitation Program to include assistance for
accessibility improvements. Staff also requests Council approval to contact
Jewish Family Services regarding potential expansion of their Home Secure
Program to encompass Agency-funded accessibility improvements. Recommendation: Adoption
of proposed City Council resolution entitled: A
RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING THE BLUE RIBBON TASK
FORCE�S RECOMMENDATIONS ON AFFORDABLE HOUSING OBJECTIVES AND PROGRAMS. Adoption
of proposed Redevelopment Agency resolution entitled: A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK ACCEPTING THE BLUE
RIBBON TASK FORCE�S RECOMMENDATIONS ON AFFORDABLE HOUSING OBJECTIVES AND
PROGRAMS. JOINT
MEETING WITH THE REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PARKING AUTHORITY AND
YOUTH ENDOWMENT SERVICES FUND BOARD: The
2003 Investment Policy for the Investment Pool comprised of the City,
Redevelopment Agency, Parking Authority, Youth Endowment Services, and
separately for the Housing Authority is being presented for approval. The
policy has been completely rewritten to meet the certification approval by the
Municipal Treasurers Association of the United States and Canada. The
liquidity requirement decreased from $63 million to $60 million due to budget
appropriations being lower for Fiscal Year 2002-03. The
following changes have been made: Removed
repurchase agreements and reverse repurchase agreements; Added a glossary
of terms to the policy and the California Statutes applicable to municipal
investments; and, Added a new
broker/dealer from UBS, PaineWebber. Recommendation: Staff
recommends that the Council, Redevelopment Agency, Housing Authority, Parking
Authority and Youth Endowment Services Fund Board approve the 2003 Investment
Policy. 5.
The City Treasurer's report on investment and reinvestment of temporarily idle funds for the quarter ending December 2002.
Recommendation:
Note and file.
RECESS for the Redevelopment Agency and Youth Endowment Services Fund Board meetings.
RECONVENE for the City Council meeting.
REPORTS TO COUNCIL:
6. APPOINTMENT TO THE LOS ANGELES EQUESTRIAN CENTER ADVISORY BOARD:
The purpose of this report is to request the Council to consider appointing two members and two alternates to the Los Angeles Equestrian Center Advisory Board. One Board member will be appointed to a two-year term ending January 2005 and the other to a one-year term ending January 2004, allowing the Council to fill one term each January. The alternates would replace the appointed members in the event that they could not serve.
At the Council meeting of January 7, 2003, the City Clerk�s Office was directed to solicit applications for two positions and two alternates to serve on the newly-formed Los Angeles Equestrian Center Advisory Board. The Advisory Board will review and advise the Los Angeles Recreation and Parks Board of Commissioners on various issues regarding the Equestrian Center and will comprise of eight members; two each from the cities of Burbank, Glendale, and Los Angeles and two representatives from the Equestrian Center. On January 10, 2003, the City Clerk's Office began advertising and accepting applications. Efforts were made to advertise in the local newspapers, on the City website, announcements were made at Council meetings, and notices of the filing period were run on Burbank's Channel 6 in order to obtain qualified candidates. As of the deadline of February 3, 2003, eighteen applications have been received from: Frank R. Barneburg; Esther M. Barr; Bea Ellen Cameron; John A. Canavan; Karol E. Carleton; Charles P. Curcuruto; Lisa Maria Dyson; Floran Frank; Jay J. Geisenheimer; Ralph J. Herman; Melissa L. Hyams; Bill Kelley; Cathy Landis; Geraldine H. Rondou; Vera Rubin; Jean M. Schanberger; Maureen Stratton and Diana Woolley.
RANDOM DRAWING OF APPLICANTS: The City Clerk's Office conducted a random drawing to select the order that the eighteen applicants will appear on the voting sheets. The order is as follows:
VOTING PROCESS: The Council votes on the number of vacancies on the Board, Commission or Committee. For example, if there is one vacancy on the Board, Commission or Committee, each Member is allowed one vote. The applicant receiving the majority of votes will be appointed.
This process is based on past practice. The Council could certainly make any desired changes to the process. If changes should be requested, staff would recommend that the process be clarified prior to any voting.
Recommendation:
It is recommended that the Council consider appointing two members and two alternates to the Los Angeles Equestrian Center Advisory Board. One Board member will be appointed to a two-year term ending January 2005 and the other to a one-year term ending January 2004, allowing the Council to fill one term each January. The alternates would replace the appointed members in the event that they could not serve.
7. PROPOSED LIBRARY LITERACY JOINT VENTURE BETWEEN THE CITY OF BURBANK/LIBRARY AND THE BURBANK UNIFIED SCHOOL DISTRICT:
It is the Burbank Public Library�s intention to apply for construction funds from the California State Library Construction and Renovation Bond Act to rebuild the Central Library. This funding, if awarded to Burbank, would provide 65 percent of the cost of constructing a new library up to a maximum of $20,000,000. The Library will be applying for the maximum grant of $20,000,000. The application is due on March 28, 2003.
The California State Library administers this grant process and has indicated that the highest priority for receiving the grant will be given to libraries that can show a strong partnership with their local school district. Any joint venture agreement between the City of Burbank/Library and the Burbank Unified School District (BUSD) must be made for a minimum of 20 years, with provisions for annual review. This agreement would be fully implemented once the proposed new Central Library is completed.
The Burbank Library staff has been meeting with the BUSD staff to identity possible partnerships that would benefit both the City and the School District. Staff has proposed a joint venture with BUSD that will provide more accessibility of library services for students, and will result in improved student research skills. Library literacy is an important component to successful education. Both groups have determined that this is an area that would meet BUSD needs and would greatly benefit the students. Providing library literacy is something that the Library staff currently does and does very well.
At this point in time, the proposed joint venture is subject to modification as it works its way through the approval process in both the BUSD and the City. The final cooperative agreement, approved by the Burbank Board of Education, will be brought before the Council for approval on/or before March 18, 2003.
The proposed joint venture would result in improved student research skills for the City�s 4th, 8th and 11th grade students. A representative each from the District, Library and City Manager�s Office would constitute an advisory Committee to implement and evaluate the Joint Venture between the District and the Library. The goals of the joint venture are to:
In order to accomplish these goals, each party will have specific responsibilities. It is an important part of the application that the City and the BUSD share equally in the joint venture. It has been proposed that the City of Burbank/Library will:
It is proposed that the Burbank Unified School District will:
There is no fiscal impact at this time. At the time of implementation of this joint venture, it will be necessary to add two additional positions to the library staff to operate this program: a librarian to teach the classes and coordinate the Homework Center and a Library Assistant to help with the program. One full-time librarian would cost $58,701 and a full-time library assistant would cost $48,007. These costs would be incorporated into the over-all fiscal ramping up for opening a new Central Library. It should also be noted that while the City is agreeing to provide transportation to bring the 4th grade classes to the new Central Library, it is anticipated that this additional cost may be covered with existing resources, i.e. Got Wheels vans, electric shuttles, etc.
Recommendation:
Note and file.
8. REQUEST BY BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY TO AMEND "GRANT OF EASEMENTS, DECLARATION OF USE RESTRICTIONS AND AGREEMENT FOR TRUST PROPERTY" TO PERMIT TEMPORARY USE BY DESMOND�S STUDIO PRODUCTION SERVICES:
The Burbank-Glendale-Pasadena Airport Authority is requesting that the City amend the Grant of Easements, Declaration of Use Restrictions and Agreement for Trust Property (the Trust Property Easements) to permit Desmond�s Studio Production Services (Desmond) to utilize approximately 20 acres of the Trust Property portion of the former Lockheed B-6 site as a temporary location for its movie production vehicle and equipment storage facility while its permanent facility is being constructed on the Adjacent Property portion of the B-6 site. City Council previously approved the relocation of Desmond to the Adjacent Property site, including authorization of an amendment to the Grant of Easements, Declaration of Use Restrictions and Agreement for Adjacent Property (Adjacent Property Easements). The proposed amendment to the Trust Property Easements would not permit any additional use of the Adjacent or Trust Property without further approval by the Council, and Desmond�s ability to use a defined portion of the Trust Property would expire by September 1, 2003.
Desmond currently leases from the Authority approximately 10 acres of a portion of the B-6 property located in the City of Los Angeles immediately north of the proposed project site (Building 360 site). Desmond intends to consolidate that operation with vehicles currently stored at other sites in the Los Angeles area onto a single facility on the Adjacent Property portion of the B-6 property located in the City of Burbank (Adjacent Property Site). Pursuant to PUC Section 21661.6, the Council adopted Resolution 26,348 approving the Airport Authority�s plan to lease approximately 25 acres of the Adjacent Property portion of the former Lockheed B-6 site by Desmond for its movie production vehicle and equipment storage facility. The Council also authorized staff to enter into the appropriate amendment or modification to the November 16, 1999 Adjacent Property Easements required to allow Desmond to use that portion of the Adjacent Property. On November 4, 2002, the Burbank Planning Board approved a Conditional Use Permit for the relocation of Desmond to the Adjacent Property Site.
Sometime in late January 2003, the Authority and Desmond completed negotiations regarding the lease for the Adjacent Property Site and are about to begin the work necessary to make the site ready for use. That work, including permitting, is expected to take approximately seven months. The Authority is under contract to sell the Building 360 site, including the current Desmond leasehold, to Voit Development Company. Prior to closing, the Authority is required to demolish the existing pavement and subsurface improvements from the Building 360 site. In order to perform this work in time to close on the sale of the Building 360 site, Desmond must vacate its current leasehold by approximately February 2, 2003. Because its Adjacent Property Site will not be ready until approximately August 2003, Desmond needs a temporary site for its business while its Adjacent Property Site is being constructed.
By letter dated January 28, 2003, the Authority asked the City to amend the Trust Property Easements in order to permit the temporary use of approximately 20 acres of the M-2 zoned portion of the Trust Property for the interim relocation of Desmond. The proposed temporary facility will allow Desmond to move the approximately 500 trailers and pieces of equipment currently stored on the Building 360 Site to the Trust Property while the Adjacent Property Site is completed.
Recommendation:
Adoption of proposed resolution entitled: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN AMENDMENT OF THE "GRANT OF EASEMENTS, DECLARATION OF USE RESTRICTIONS AND AGREEMENT FOR TRUST PROPERTY" TO PERMIT TEMPORARY USE OF APPROXIMATELY 20 ACRES OF THE M-2 ZONED PORTION OF THE TRUST PROPERTY FOR USE BY DESMOND�S STUDIO PRODUCTION SERVICES (BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, APPLICANT).
9. LOBBYIST REGISTRATION ORDINANCE:
The City Attorney�s Office was asked to obtain and review the City of Los Angeles lobbyist registration ordinance in order to assist the Council in determining if it is desirable for the City of Burbank to adopt a similar ordinance. The Council asked that this matter be placed on the agenda for Council consideration. This report summarizes the Los Angeles lobbyist registration ordinance, the lobbyist registration ordinances of several other cities and the State of California lobbyist regulations, and presents the Council with a draft lobbyist registration ordinance. This report also summarizes comments received from interested persons in the community.
The draft ordinance provides for annual registration of persons employed to communicate with or appear before City officials and/or employees for the purpose of influencing any legislative or administrative action. In addition to annual registration, a lobbyist must file an amended registration statement prior to engaging in any lobbying activity for a new client. There are a couple of exceptions in the ordinance including an exception for an employee who engages in lobbying activity on behalf of an employer, if influencing governmental action is not such person�s primary job duty. The draft ordinance provides that the lobbyist registration records will be maintained by the City Clerk and will be open to the public.
If the Council wishes to adopt a lobbyist registration ordinance, the City Attorney�s Office recommends either adoption of the draft ordinance or requests that the Council provide further direction regarding the desired ordinance.
Recommendation:
Introduction of proposed ordinance entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 2 OF THE BURBANK MUNICIPAL CODE RELATED TO REGISTRATION OF LOBBYISTS.
10. PROJECT LABOR AGREEMENT AND MAINTENANCE AGREEMENT FOR THE MAGNOLIA POWER PROJECT:
The State Building and Construction Trades Council of California and the Los Angeles/Orange County Building and Trades Council requested that the Southern California Public Power Authority (SCPPA) and the City of Burbank enter into a Project Labor Agreement and a Maintenance Agreement for the Magnolia Power Project.
The Project Labor Agreement (PLA) prohibits strikes and lockouts and provides for a grievance procedure that includes binding arbitration. The contractor on the Project must use labor from the appropriate craft union. Work performed by employees of either SCPPA or the City of Burbank is excluded from the scope of the Agreement. The general contractor and all subcontractors must agree to the provisions of the PLA.
The Maintenance Agreement applies to all planned outage maintenance, major overhauls, and other maintenance work performed on the Project that is contracted out. Work performed by the employees of SCPPA and the City of Burbank, technical work, warranty work, and work performed under the PLA is excluded from the scope of the Maintenance Agreement. Contractors and subcontractors must agree to the provisions of the Agreement. As with the PLA, the Maintenance Agreement contains a no strike, no lockout clause and a grievance procedure that includes binding arbitration.
The Burbank City Attorney�s Office and the attorney for the labor organizations negotiated these Agreements. The two most important concessions made by the labor organizations were the exclusion of work done by employees of SCPPA and the City of Burbank from the scope of the Agreements and the acknowledgement in Section 1.3 of the PLA that SCPPA and Burbank retain the right to control and coordinate all project construction work.
The Magnolia Coordinating Committee and SCPPA Board of Directors have previously approved these agreements.
Recommendation:
Adoption of proposed resolutions entitled: 1. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PROJECT MAINTENANCE AGREEMENT FOR THE MAGNOLIA POWER PROJECT.
2. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PROJECT LABOR AGREEMENT FOR THE MAGNOLIA POWER PROJECT.
11. AMENDING THE SUBJECT MATTER OF SECOND PERIOD ORAL COMMUNICATIONS BEFORE THE CITY COUNCIL:
The Ralph M. Brown Act (Government Code �54950 et seq.) governs the notice and conduct of the meetings of local public agencies in California. Included within the provisions of this statute is the clear right of the public to address the governing body of a local agency, as provided. However, Section 54954.3(b) provides that the local agency may adopt reasonable regulations to govern such public comment. The Burbank City Council has adopted such regulations establishing several periods of oral communications or opportunities for the public to address the Council at each meeting with time limits and limitations as to what subjects may be addressed.
The Council has indicated a desire to make it clear in the City's regulations for what is designated as the Second Period of Oral Communications, that speakers may only address those items on that meeting's agenda that are presented for possible action by the Council and any items that appear on that agenda for consideration by the Council in Closed Session. Specifically this proposal would not allow public comment during this period of Oral Communications on the ceremonial items, including the invocation, presentations, announcements, and the like. Such items could still be discussed by the public at either the First or Third Periods of Oral Communications where any item within the subject matter jurisdiction of the City Council may be discussed.
Recommendation:
Adoption of proposed resolution entitled: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SUBSECTIONS A.6 AND A.11(A) OF RESOLUTION NO. 26,029, AS AMENDED BY RESOLUTION NO. 26,087, REGARDING THE SUBJECT MATTER OF SECOND ORAL COMMUNICATIONS BEFORE THE COUNCIL.
ADOPTION OF PROPOSED ORDINANCE:
12. OPPORTUNITY SITE NO. 2 (OLD POLICE BLOCK) BURBANK VILLAGE WALK � THE OLSON COMPANY:
The purpose of this report is to present the information necessary for Redevelopment Agency Board and Council consideration of the proposed sale of Agency property and development entitlements for the Burbank Village Walk project. The specific land use applications include: Planned Development No. 2002-1; Development Review No. 2002-11; Tentative Tract Map No. 53905; a Mitigated Negative Declaration; Development Agreement; and the associated legal documents. The terms of the proposed sale of Agency-owned property are documented in the Disposition and Development Agreement (DDA). Opportunity Site No. 2 (commonly referred to as the old police block) is bound by Olive Avenue, Third Street, Angeleno Avenue and San Fernando Boulevard, excluding the corner parcel at Olive Avenue and San Fernando Boulevard, more commonly referred to as the Radio Shack parcel.
The applicant is requesting approval to construct a mixed-use development consisting of 140 residential units that are proposed to be offered for sale, approximately 14,000 square feet of restaurant and retail space and 423 parking spaces. The tract map proposed will place condominiums on the site separated from common spaces and will allow for the separate sale of the commercial space.
In addition to the land sales proceeds of $3.05 million, the City Centre Redevelopment Project Fund will realize property tax increment revenue. Based on the overall project value, the Project Area will collect tax increment revenue through 2021 (the last year in which the Agency can collect tax increment revenue) totaling roughly $8.8 million in nominal terms or $5.1 million in present value terms (using a six percent discount rate). These two revenue components yield a total anticipated Agency revenue projection of approximately $11.9 million in nominal dollars or $8.2 million in present value terms.
When comparing the total Agency costs associated with the subject project (roughly $6.7 million) and the anticipated Agency revenue, the net revenue to the Agency is projected at $5.2 million (in nominal dollars) and $1.5 million (present value, again using a discount factor of six percent).
The Village Walk project will build upon the desired 24-hour, 7-day a week downtown population, which will enhance the Downtown area and help support the existing businesses and Agency investments in Downtown. The proposed project, as a component of the entire block�s master plan, will redevelop an underutilized and blighted block into a mixed-use, in-fill development that captures a significant current market, enhances the economic viability of the area and provides another visible anchor for the Downtown. Furthermore, the proposed project supports the goals of the City Centre Redevelopment Plan as well as provides additional units to the City�s affordable housing inventory.
This ordinance was introduced at the February 11, 2003 City Council meeting.
Recommendation:
Introduction of proposed City Council ordinance entitled: (motion and voice vote only) 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).
RECONVENE the Redevelopment Agency, Housing Authority, Parking Authority and Youth Endowment Services Fund Board meetings for public comment.
THIRD PERIOD OF ORAL COMMUNICATIONS: (Three minutes on any matter concerning the business of the City.)
This is the time for the Third Period of Oral Communications. Each speaker will be allowed a maximum of THREE minutes and may speak on any matter concerning the business of the City. However, any speaker that spoke during the First Period of Oral Communications may not speak during the Third Period of Oral Communications.
For this segment, a GREEN card must be completed, indicating the matter to be discussed, and presented to the City Clerk.
COUNCIL AND STAFF RESPONSE TO THE THIRD PERIOD OF ORAL COMMUNICATIONS:
ADJOURNMENT.
For a copy of the agenda and related staff reports, please visit the City of Burbank�s Web Site: www.ci.burbank.ca.us
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