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:  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):  1

 

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.      Conference with Real Property Negotiator:

Pursuant to Govt. Code �54956.8

Agency Negotiator: Community Development Director/Susan Georgino.

Property:  10 West Magnolia Boulevard.

Party With Whom City is Negotiating:  AmeriCold Logistics � Jonathan Daiker.

Terms Under Negotiation:  Acquisition of property.

e.      Conference with Real Property Negotiator:

Pursuant to Govt. Code �54956.8

Agency Negotiator: Community Development Director/Susan Georgino.

Property:  2736-2760 North Hollywood Way and the Burbank/Glendale/Pasadena Airport �B-6� property.

Parties With Whom City is Negotiating:  Redevelopment Agency, City of Burbank and the Burbank/Glendale/ Pasadena Airport Authority.

Terms Under Negotiation:  Lease of Agency and Airport Authority property.

 

f.       Conference with Labor Negotiator:

Pursuant to Govt. Code �54957.6

Name of the Agency Negotiator:  Management Services Director/John Nicoll

Name of Organization Representing Employee:  Represented: Burbank City Employees Association, Burbank Management Association, International Brotherhood of Electrical Workers, Burbank Firefighters Association, Burbank Firefighters Chief Officers Unit, and Burbank Police Officers Association; Unrepresented, and Appointed Officials.

         Summary of Labor Issues to be Negotiated:  Current Contracts and Retirement Issues.

  

  

 

                                                                    6:30 P.M.

 

 

INVOCATION:  Carmen Blair, Intern, First Presbyterian Church.

                                                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.

 

PRESENTATION:                ART IN PUBLIC PLACES BROCHURE.

 

PRESENTATION:                POETRY CONTEST AWARDS.

 

PRESENTATION:                PRESENTATION BY CONGRESSMAN SHERMAN REGARDING RUNAWAY PRODUCTION.

 

 

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.     1.  PLANNED DEVELOPMENT NO. 2000-5, PLATT PROJECT:

 

The purpose of this report is to present a request by PW, LLC to construct a mixed use project consisting of approximately 411,000 square feet (sf) of media office space, 181 apartment units, a 32,000 sf health club, 21,800 sf of retail and restaurant space, a church with a child care facility for 144 children and over 2,000 parking spaces located in a subterranean garage up to seven levels below ground.  The uses are proposed by the developer to be located within five buildings with two buildings proposed at 179 feet (12 stories for the office building and 15 stories for the residential building).

 

The site is approximately 3.8 acres located in the Media District bounded on the north by Alameda Avenue, the east by Lima Street, the south by Olive Avenue and the west by the proposed 134 freeway off-ramp.

 

The developer proposes to demolish the existing buildings on the site and construct the project in two phases.  The first phase would consist of all buildings and uses and their associated underground parking except for the 12 story office building and its associated parking and half of the child care facility.  According to the proposal, this building and the second half of the child care facility would be built in a second phase.

 

Pursuant to the provisions of the California Environmental Quality Act, an Environmental Impact Report (EIR) has been prepared by the City and its consultants to identify the significant environmental impacts that the proposed project may have. Specifically, the project that the developer has proposed will have significant impacts in the areas of geology and soils, air quality, noise, traffic and circulation, public services and utilities, and cultural resources.  All areas can be mitigated through measures outlined in the EIR to a level less than significant, except for the impact to air quality during construction of the proposed project.

 

Many members of the public have attended meetings and written letters both opposing and in favor of the project.  The major concerns of those opposing the project include:  too much density, the two taller buildings are too large, potential traffic and parking impacts (especially in the adjacent residential neighborhood), and in general, too much development in this area of the City.

 

The staff report compares the proposed project with the goals of the Media District Specific Plan (MDSP) which was adopted by the City in 1991 and considered the �blueprint� of what is desired by the City in this area.  Because the project meets most of these goals, as well as objectives for commercial and residential development, staff recommends the Council approve the proposed project.  The developer�s proposal responds to the MDSP by containing elements with enough height and mass to identify this area as the center of the Media District while still building below the stair step height limits called for in the MDSP.  The MDSP also calls for this Media Center North area to include a higher intensity of use of media-related development in a mixed-use atmosphere.

 

The Planning Board, at their meeting of October 7, 2002, by a vote of 5-0, recommended denial of the proposed project.  The Planning Board stated, among other issues, that the development was too large and required use of too much of the Development Opportunity Reserve to construct the proposed project.

 

Recommendation:

 

1.  Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2000121051) FOR THE BURBANK MEDIA CENTER, MAKING FINDINGS FOR EACH ENVIRONMENTAL EFFECT OF THE PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PROGRAM.

 

2.  Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PLANNED DEVELOPMENT NO. 2000-5 AND A DEVELOPMENT AGREEMENT RELATED THERETO (BURBANK MEDIA CENTER PROJECT � PW LLC, APPLICANT).

 

 

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 City 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 April 7, 2003.  Other Airport related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

FIRST PERIOD OF ORAL COMMUNICATIONS:  (One minute on any matter concerning 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:

 

 

CONSENT CALENDAR: (Items 3 through 6)

 

The following items may be enacted by one motion.  There will be no separate discussion on these items unless a Council Member so requests, in which event the item will be removed from the consent calendar and considered in its normal sequence on the agenda. A roll call vote is required for the consent calendar.

 

3.     3. AMENDING THE FISCAL YEAR 2002-03 BUDGET TO APPROPRIATE $3,186 AWARDED FROM THE PUBLIC LIBRARY STAFF EDUCATION PROGRAM THROUGH THE LIBRARY SERVICES AND TECHNOLOGY ACT FUNDS FROM THE CALIFORNIA STATE LIBRARY:

 

The Burbank Public Library has been awarded Public Library Staff Education Program funds through the federal Library Services and Technology Act (LSTA) administered by the California State Library, in the amount of $3,186.

 

This Program was created to encourage more people to become librarians.  Funds are available for reimbursement for paraprofessional staff who currently work in public libraries and who are planning or working on securing a Master's degree in Library and Information Science.  The library with an eligible applicant must apply for the grant funds.  The funds are awarded to the applicant library who in turn reimburses the student�s tuition costs.

 

The student must be employed full or part-time in a California public library or county law library, at least one calendar year prior to the date of the application.  The student must also be accepted to, and be able to show evidence of acceptance to, an American Library Association (ALA)-accredited library school.

 

The Burbank Public Library has identified one employee who met the eligibility criteria, and the library applied for the grant funds on her behalf.  The employee began her employment with the Library in May 2001, and enrolled in the UCLA School of Information Studies in August 2002.   Grant funding will provide reimbursement of her tuition costs for the 2002-03 academic year.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2002-2003 BUDGET FOR THE PURPOSE OF RECEIVING AND APPROPRIATING FUNDS AWARDED FOR THE PUBLIC LIBRARY STAFF EDUCATION PROGRAM IN THE AMOUNT OF $3,186.

 

 

4.     4. ACCEPTING AMERICAN MULTI-CINEMA, INC. PLEDGE TO EXTEND $150,000 ANNUAL DONATION TWO MORE YEARS AND APPROVING THE AGREEMENT RELATED THERETO:

 

Staff is requesting Council approval to enter into an agreement with American Multi-Cinema, Inc. (AMC) extending their pledge of $150,000 annually toward the maintenance and operation of City-owned or controlled public parking facilities in the downtown Burbank Village for another two years.

 

On April 14, 1998, the City and AMC entered into the original three-year agreement accepting a pledge by AMC to donate a total of $150,000 annually (less the AMC�s portion of the annual Downtown Public Facility Maintenance Assessment District No. 1 levy) toward the maintenance and operation of City-owned public parking facilities in the Central Business District Downtown Parking Area (commonly known as the Burbank Village and bounded by Magnolia Boulevard/north, Angeleno Avenue/south, Third Street/east and First Street/west), on the condition that the City not establish hourly parking fees in City-owned parking lots or structures (e.g., AMC, Municipal Services Building, Courthouse, etc.) therein.

 

In May 2001, the original three-year pledge agreement was extended two more years, retro-effective to March 1, 2001 and expiring February 28, 2003.  The City and AMC now wish to again extend the original pledge agreement two more years, retro-effective to March 1, 2003 and expiring February 28, 2005.

 

Although the donation is conditioned on the City not establishing hourly parking fees in any City-owned or controlled parking lot or structure in the Burbank Village, including the City-owned �AMC� parking structure at 133 East Orange Grove Avenue, the City does not forfeit its authority to do so; but instead agrees to provide AMC with at least two weeks notice of any formal meeting related thereto, along with notice of any formal action(s) taken 24 hours thereafter.  Upon notification that the City will cease to meet the terms of the conditional donation, AMC may likewise determine to cease payment of any additional monthly donations; however, donations already made shall not be refunded in any event.

 

In return, AMC will continue to pay the City�s Parking Authority equal monthly installments ($12,500) in excess of the existing monthly flat rate ($6,490.95) for its pro rata share of the annual assessment which funds the maintenance and operation of the City-owned �AMC� parking structure at 133 East Orange Grove Avenue, for two more years, not to exceed $150,000 annually.  Pursuant to the pledge agreement, additional funds donated by AMC will go toward funding the maintenance and operation of other City-owned or controlled public parking lots or structures (excluding the AMC structure) in the Burbank Village.

 

Based on the existing flat rate assessment in effect since Fiscal Year (FY) 1999-00, of the $150,000 received annually from AMC, $77,891.40 is assessed, and $72,108.60 (the remainder) is donated.

 

Predicated on the assumption that the existing flat rate assessment for the maintenance and operation of the City-owned �AMC� parking structure will remain unchanged as it has since FY 1999-00, extending the AMC pledge to donate $150,000 annually for two more years will continue to provide the City�s Parking Authority with $72,108.60 annually ($144,217 total) toward funding the maintenance and operation of other City-owned or controlled public parking lots and structures in the downtown Burbank Village. 

 

Although any increase in the existing assessment will result in a corresponding decrease in the current donation, the annual total ($150,000) would remain unchanged.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING A PLEDGE TO DONATE MONEY BY AMERICAN MULTI-CINEMA, INC. AND APPROVING AN AGREEMENT RELATED THERETO.

 

 

5.     5. AMENDING THE FISCAL YEAR 2002-03 ANNUAL POLICE DEPARTMENT BUDGET TO INCLUDE REVENUES RECEIVED FROM THE USE OF INMATE TELEPHONES:

 

Staff requests Council approval to appropriate funds already received from the City�s inmate pay telephone provider in the amount of $5,000.

 

The California Penal Code, Section 4025, allows the City to deposit any money received from a telephone company or pay telephone provider that supplies phones to inmates, into an inmate welfare fund.  The Penal Code states that the use of these funds can only be for the benefit, education, and welfare of the inmates confined in the jail.

 

The Burbank jail currently has 16 phones for which it receives revenues.  Inmate calls are made collect, and the City receives a percentage of the revenues.  As of January 2003, the City received a total of $59,218 in inmate pay telephone revenues.  At this time, Staff recommends using $5,000 of this money to provide newspapers, toothbrushes, and other items that will benefit the inmates.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING FISCAL YEAR 2002-2003 BUDGET FOR THE PURPOSE OF APPROPRIATING REVENUE FUNDS RECEIVED FROM THE CITY�S INMATE PAY TELEPHONE PROVIDER FOR ITEMS THAT WILL BENEFIT THE INMATES IN THE AMOUNT OF $5,000.