|
|||||||||||||||||||||||||||||||||
COUNCIL AGENDA - CITY OF BURBANKTUESDAY,
MAY 20, 2003
|
|||||||||||||||||||||||||||||||||
INVOCATION: Pastor Ron White, American Lutheran 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: BURBANK TOURNAMENT OF ROSES ASSOCIATION 2004 FLOAT RENDERING.
PROCLAMATION: NATIONAL PUBLIC WORKS WEEK.
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).
AIRPORT AUTHORITY MEETING REPORT:
1. 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 May 19, 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 2 and 3)
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.
2. MINUTES:
Approval of minutes for the regular meetings of February 11, February 18, February 25, the adjourned meeting of February 27, the regular meetings of March 4, March 11, and the adjourned meeting of March 15, 2003.
Recommendation:
Approve as submitted.
3. BURBANK TOURNAMENT OF ROSES ASSOCIATION 2004 FLOAT RENDERING:
The City of Burbank has been represented in the Pasadena Tournament of Roses Parade each New Year's Day since 1913. Originally, the Chamber of Commerce and the city schools entered floats on behalf of the City. In 1947, the Burbank Tournament of Roses Association (Association) became responsible for the float entries. The 2004 entry marks the Association�s 57th consecutive float entry and the City�s 69th float entry in the parade.
The Association is a non-profit organization comprised completely of volunteers. Burbank�s entry is one of six remaining self-built floats. Other self-built floats are entered by California Polytechnic Universities (Pomona and San Luis Obispo), and the cities of Sierra Madre, South Pasadena, La Canada-Flintridge, and Downey. Each year the Association is responsible for constructing and decorating a float to represent the City in the annual Pasadena Tournament of Roses Parade held every New Year's Day. The Association is located in the Burbank Water and Power (BWP) Yard at 320 North Lake Street, where all construction and decoration takes place.
In February 2003, the Pasadena Tournament of Roses Parade officials approved the theme and conceptual design of the 2004 City of Burbank parade float entry. The 115th Rose parade theme is Music Music Music, and the Burbank parade float for entry is named, �Moosic, Moosic, Moosic�. The concept was submitted by Jennifer Edward and TaMara Carlson Woodard, both Burbank residents. To commence production and funding of the float, the agreement between the City and the Association calls for the approval of the parade float theme and conceptual design by the Council.
The Park, Recreation and Community Services Department has received a request from Teri Bastian, President of the Burbank Tournament of Roses Association, to secure approval from the Council for the 2004 Tournament of Roses Float rendering.
Recommendation:
Staff and the Burbank Tournament of Roses Association recommend that the Council accept and approve the 2004 Tournament of Roses float rendering.
END OF CONSENT CALENDAR *** *** ***
REPORTS TO COUNCIL:
4. NEGATIVE DECLARATION FOR BOW AND ARROW ORDINANCE:
This report requests that the Council adopt a proposed Negative Declaration relating to Ordinance No. 3616, prohibiting the use of bow and arrows within the City of Burbank. On January 21, 2003, the Council adopted Ordinance No. 3616, which prohibited the use of bow and arrows within the City limits. At the time of the adoption, the City had determined that the project was exempt from the California Environmental Quality Act (CEQA) review as it would have no possible significant effect on the environment.
As a result of concerns raised prior to the effective date of the ordinance regarding the environmental determination made for the project pursuant to CEQA, the Council, on February 26, 2003, adopted a resolution suspending enforcement of Ordinance No. 3616 pending additional CEQA review.
For any discretionary project, there are several possible outcomes under CEQA. Most projects are exempt from CEQA review either by statute or by virtue of falling under a category that has been determined to be exempt from CEQA by the Secretary of Resources. If a project is not exempt from CEQA, the next step in the process is typically to prepare an Initial Study to determine whether a project may have a significant impact on the environment. If the results of the Initial Study show there may be significant unmitigated impacts resulting from the project, an Environmental Impact Report will be prepared for the project. If there are no such impacts, a Negative Declaration or Mitigated Negative Declaration will be prepared for the project.
In order to prepare the Initial Study for this ordinance, Planning Division staff contacted representatives of the State Department of Fish and Game for assistance in answering questions related to the potential impacts of the ordinance on biological resources. The primary purpose of a CEQA review with regard to biological resources is whether a project will, in any way, diminish or disturb habitat or resources or conflict with an adopted Habitat Conservation Plan. Staff has found that the proposed ordinance will have no impact on biological resources in the area based upon these criteria.
Staff has prepared a Negative Declaration for Ordinance No. 3616 based upon the findings of the Initial Study that no significant environmental impacts will occur as a result of the Ordinance.
Recommendation:
Adoption of proposed resolution entitled: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A NEGATIVE DECLARATION REGARDING THE BOW AND ARROW ORDINANCE AND AUTHORIZING THE ENFORCEMENT OF ORDINANCE NO. 3616.
5. FISCAL YEAR 2003-04 BUDGET STUDY SESSIONS FOR THE MANAGEMENT SERVICES DEPARTMENT, PUBLIC WORKS DEPARTMENT, FIRE DEPARTMENT, BURBANK WATER AND POWER, CITY ATTORNEY�S OFFICE, CITY COUNCIL OFFICE AND CITY MANAGER�S OFFICE:
Pursuant to Council direction at the April 9, 2003 Budget Study Session, staff has prepared a schedule for the Fiscal Year (FY) 2003-04 Budget Study Sessions to be held on Tuesday nights. This integration of the Study Sessions into the regular Council meetings has been accomplished by setting two Tuesday nights aside to focus on the budget, leaving two other Tuesday nights to address other City business. The first Budget Study Session was held on May 6, 2003 and the second will be held on May 20, 2003. An additional night has been set aside on Thursday, May 22, 2003 to allow for more quality time for the Council to discuss the budget and any outstanding issues prior to approval in June 2003.
The following is the Budget Study Session schedule:
The FY 2003-04 Budget Study Sessions will provide a more streamlined approach to a voluminous document. Similar to the May 6, 2003 meeting, the May 20, 2003 meeting will provide for each department to present key components and changes to the prior year�s budget. This will include proposed budget reductions, proposed fee changes, and any new positions or upgrades, and materials, supplies and services exceptions.
The inclusion of the Budget Study Sessions into Tuesday night Council meetings afforded budget staff with an opportunity to re-think the budget presentation format. As a result, it was determined that the presentation of the Work Program highlights and performance indicators, which were previously included in the departmental budget presentations, would be handled separately and presented to the Council at a future meeting. This is similar to what was done during last year�s budget process, and it was seemingly successful. It is staff�s belief that this change in schedule will provide the Council and staff with ample time to review the Proposed Budget, particularly in light of the significant reductions that are being proposed, while maintaining focus and attention on future year goals and staff�s performance in meeting those established goals.
Recommendation:
Staff recommends that the Council review the proposed budget materials and direct staff to incorporate any necessary changes into the June 10, 2003 Public Hearing report.
ADOPTION OF PROPOSED ORDINANCE:
6. ZONE TEXT AMENDMENT NO. 2001-11: SECOND DWELLING UNITS IN SINGLE FAMILY ZONES:
On April 1, 2003, staff presented Council with a draft ordinance and report recommending certain amendments to the Zoning Code regulations for second dwelling units in single-family zones. Second dwelling units are separate small but complete dwelling units located on the same property as a primary residential unit. They are also referred to as �granny flats�, �mother-in-law units�, accessory apartments, and various other names. Staff recommended deleting the occupancy requirements of Section 31-625.4 to bring it into conformance with recent California Appellate Court rulings, and to delete various requirements for, and references to, Conditional Use Permits to conform to new State Legislation (Assembly Bill (AB) 1866) which henceforth prohibits the use of discretionary procedures for second unit approvals.
This ordinance was introduced at the May 13, 2003 City Council meeting.
Recommendation:
Adoption of proposed ordinance entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATED TO SECOND DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES.
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. To Thursday, May 22, 2003 at 6:00 p.m., in the Council Chamber for a Budget Study Session on Golden State Subordinated Debt, ERP Needs Assessment and Recommendations, Fee Schedule Review, Budget Overflow Items, and Final Decision Making.
For a copy of the agenda and related staff reports, please visit the City of Burbank�s Web Site: www.ci.burbank.ca.us
|
|||||||||||||||||||||||||||||||||
|