A
regular meeting of the Council of the City of Burbank was held in the Council
Chamber of the City Hall, 275 East Olive Avenue, on the above date. The
meeting was called to order at 6:35 p.m. by Ms. Murphy, Mayor.
Invocation
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The invocation was given by Pastor Ron White, American Lutheran Church.
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Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by
Teri Bastian,
Burbank Tournament of Roses Association.
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Present- |
Council Members Campbell, Golonski, Ramos, Vander Borght and Murphy. |
Absent - - - - |
Council Members None. |
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
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301-1
2004 Tournament
of Rose Float
Rendering |
Teri Bastian,
President, Burbank Tournament of Roses Association, expressed appreciation
to the community for their support of the Burbank Tournament of Roses
Association, noting
Burbank�s 2003
entry, �Bathtime Friends�, received the Founder�s Trophy, and presented
the award to Mayor Murphy. Ms. Bastian then presented the 2004 float
rendering, entitled �Moosic, Moosic, Moosic.�
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301-1
Science
Scholarship
Awards |
Mr. Soghomonian,
Burbank Water and Power, and Mr. Fischer, Public Works Department,
presented the Service Recognition and Science Scholarship Awards. Mr.
Fischer invited Mayor Murphy to present awards to the recipients of the
Service Recognition Awards, noting the participation of
Burbank, John
Burroughs, Monterey and Providence High Schools. Following were the
recipients: Elizabeth Ann Coleman, Monterey High School; Kristin Nicole
Talamantes, Burbank High School; Alicia Joe, John Burroughs High School;
and Santosh Desai, Providence High School, who was not able to attend.
Mr. Soghomonian
briefly explained the Science Scholarship Award criteria, and presented
scholarship awards to the following students: Kelsey Browne, Justin Borah,
Burbank High
School; and Alicia Joe, John Burroughs High School.
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301-1
National Public
Works Week |
Mayor Murphy
presented a proclamation to Public Works Director Bruce Feng in honor of
Public Works Week.
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301-1
Citizen
Commendation |
Police Captain Stehr
presented a commendation to Paul Pak, a
Glendale
resident, for his courageous actions in dealing with an armed suicidal
distraught man at Saint Finbar Church and preventing a possible hostage
situation.
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406
Airport Authority
Report |
Commissioner Brown
reported on the Airport Authority meeting of
May 19, 2003.
He stated in the absence of Commissioners Wiggins and Streator, Resolution
383 on the draft budget was defeated by a
5 to 2
vote, and that a subsequent amended motion by Commissioner Lombardo was
approved by a 6 to 1 vote. He also reported a schedule analysis estimated
an eight-acre reduction in the 65 decimal Community Noise Equivalent Level
(CNEL) noise contour due to a change in America West airplanes to newer
and quieter planes, and that Alaska Airlines moved a 10:00 p.m. flight to
comply with the voluntary curfew for a cumulative reduction of
approximately 10 acres in the 65 decimal CNEL noise contour. He informed
the Council the Authority received a letter from Mr. Costello, Council for
the National Business Aviation Association, which raised several policy
issues regarding the Part 161 Study, and that the letter had been referred
to the Airport�s attorneys and the Federal Aviation Administration (FAA)
for comments, noting the Authority was seeking a reduced nighttime curfew.
He also commented on a newspaper article regarding the sound insulation
FAA grant, and clarified the FAA would release the hold on the grant to
allow for the continuation of the program. He concluded with an invitation
to the Council and public to attend the celebration commemorating the 73rd
Anniversary of the Airport.
The Council noted and filed the report.
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First Period
of Oral
Communications |
Ms. Murphy called for speakers for the first period of oral communications
at this time.
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Citizen
Comment |
Appearing to comment were
Marie Paino in
support of the Bow and Arrow Ordinance; Peter Davis, in support of the
City�s lap swim program; Howard Rothenbach, commenting on a remark made at
the Airport Authority meeting indicating the Authority was negotiating
with the City Manager on the sale of the B-6 Property, including the
potential relocation of the armory; C.L. Stack, inquiring as to former
Mayor Laurell�s vote and subsequent employment with the Burbank Boys and
Girls Club; Ron Vanderford, commenting on the recent ruling on the
invocation case; Stan Hyman, on management of the Community Development
Department; Esther Espinoza, on the pronunciation of names during oral
communications; and Mark Barton, on the timeframe for implementation of
the signage program.
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Staff
Response |
Members of the Council and staff responded to questions raised.
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Second Period
of Oral
Communications |
Ms. Murphy called for speakers for the second period of oral
communications at this time.
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Citizen
Comment |
Appearing to comment were
Bob Olson, Chair,
Burbank Water and Power (BWP) Advisory Board, reporting BWP�s budget was
unanimously approved by the Board, and noting the Board�s confidence in
and support of the leadership at BWP; Lowell Dosch, in opposition to the
proposed Negative Declaration for the Bow and Arrows Ordinance, stating
Burbank�s ordinance is preempted by State law, and that no evidence has
been presented to the Council with regard to any safety concerns in the
Burbank hills, requesting that the Council withdraw the ordinance and
proceed with an Environmental Impact Report (EIR); William Kughn, member
of the Archery Association, repeating there has never been a safety issue
with regard to bow hunting in the Burbank hills, stating he has practiced
the sport safely for years, and noting mountain biking accidents are
regular occurrences in the Burbank hills whereas there has never been a
bow hunting accident.
Craig Fritz, Second
Vice President for California Bowman Hunters and State Archery
Association, citing the potential for two lawsuits with regard to the
ordinance, expressing his disagreement with regard to the environmental
impact from the elimination of bow hunting in the Burbank hills, which
will allow the coyotes to run wild, and noting larger deer herds will
attract mountain lions to the area; Barbara Hupp, in support of the City�s
Aquatics Program, noting the problem of obesity and that physical activity
is a solution to this problem, and distributing brochures from the Rose
Bowl Swimming Pool Program; Connie Wilson, in support of the Negative
Declaration for the Bow and Arrow Ordinance, citing the results of the EIR
prepared for the development of homes in the Burbank Hills; Valerie Skeva,
a competitive archer, noting she practices her sport in her own backyard
in preparation for the Olympic Trials, noting passage of the Negative
Declaration will prevent her from her daily practice, urging the Council
not to pass the Negative Declaration, reiterating that the impetus of the
ordinance was not a safety issue; Mark Barton, stating the bow hunting
ordinance puts the Council in a no-win situation, and in support of the
Negative Declaration; Ron Vanderford, requesting whether the ordinance can
be revised to allow archery practice but not bow hunting, commenting on
the acreage reduction with regard to the Community Noise Equivalent Level,
inquiring whether the Burbank and Glendale City Managers are in
negotiation with the Airport; Curtis Hermann, Director of Bowhunter
Education for the State Wildlife Association, stating he found the
Negative Declaration to be minimal at most and in disagreement with the
City�s findings, citing areas which he believes are not addressed by the
report, and the constitutional issues raised by the Department of Fish and
Game; Stan Hyman, commenting on the Public Works Department budget with
regard to reduced fees and infrastructure subsidies.
Bob Kaczmarek, in
opposition to the proposed Fire Department position upgrades at a time
when other employees are being laid-off; Howard Rothenbach, commenting on
the consequences of Assembly Bill (AB) 1890 and the importance of the
input provided by Burbank citizens at the time the legislation was
enacted, and on the proliferation of jay-walking tickets being written at
the Airport; David Piroli, in opposition to the Negative Declaration
prepared for the Bow and Arrow Ordinance, noting a problem in hillside
neighborhoods with raccoons, commenting on the legality of jay-walking
tickets being issued at the Airport, and inquiring as to the status of
grandfathering in the curfew at Burbank Airport; Mike Nolan, in support of
archery and in opposition to the Negative Declaration, stating staff is
not accurately communicating to the Council on negotiations between the
City and the Airport; Dr. Theresa Karam, commenting on Zone Text Amendment
No. 2001-11; and Esther Espinoza, commenting on Council minutes, in
opposition to the Bow and Arrow Ordinance, and commenting on the proposed
Second Dwelling Unit Ordinance.
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Staff
Response |
Members of the Council and staff responded to questions raised.
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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.�
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Minutes
Approved |
The 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 were approved as
submitted.
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305-2
2004
Tournament of
Roses Float
Rendering |
A report was received from Mr. Flad, Park, Recreation and Community
Services Director, requesting Council approval of the 2004 Tournament of
Roses Float rendering entitled �Moosic, Moosic, Moosic� and the Council
approved, noted and filed the report.
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Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
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907
206
Neg. Dec. for
Bow and Arrow
Ordinance |
Mr. Ochsenbein,
Senior Planner, requested Council adoption of a Negative Declaration
relating to the Bow and Arrow Ordinance and recounted on
January 21, 2003,
the Council adopted Ordinance No. 3616 which extended a prohibition on
shooting of bows and arrows within City limits, with limited exceptions.
He added at the time of of the adoption, the City found that the ordinance
did not have any significant impacts on the environment. After the
adoption of the ordinance, several members of the public expressed
concerns regarding the potential environmental impacts of the ordinance
resulting in the suspension of the enforcement of the ordinance on
February 26, 2003 pending additional review pursuant to the California
Environmental Quality Act (CEQA).
He reported staff
was directed to conduct an assessment of the environmental impacts and
prepare appropriate documentation for review and approval by the Council;
that the Planning Division had conducted an initial study of the project
pursuant to CEQA and determined that the ordinance will not have a
significant impact on the environment; and, as such, a Negative
Declaration was prepared for Council consideration.
He informed the
Council as part of the environmental review process, staff contacted the
Department of Fish and Game for additional information regarding
biological resources in the City and that the Department of Fish and Game
affirmed there would be no impact resulting from the proposed ordinance,
noting the lack of a Habitat Conservation Plan in the area.
Mr. Campbell
questioned staff and requested the ordinance not ban the practice of
archery on private property.
Mr. Vander Borght
noted the City�s decision to increase hiking trails which would attract
more people to the local mountains, and stated while there was no evidence
of accidents, the potential would be increased by virtue of the fact that
City programs would put more members of the public on the hillsides. He
also indicated support of Mr. Campbell�s request that the ordinance not
apply to individuals who practice archery on private property.
Mrs. Ramos agreed
with Mr. Campbell and Mr. Vander Borght�s comments that the ordinance
should not prohibit archery but bow and arrow hunting within City limits,
and noted the incompatibility of hunting with the uses in the hillside
area.
Mr. Golonski stated
he continued to support the intent of the ordinance, affirmed that bow and
arrow hunting was an incompatible use in the area and clarified the
ordinance did not pertain to the practice of archery on private property.
Ms. Murphy inquired
whether staff had any information on the impact of a similar ordinance in
the City of
Glendale. She requested staff contact the City of
Glendale
to ascertain whether there were any significant impacts in the deer
population as a result of their ordinance.
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Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that �the
following resolution be passed and adopted:�
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907
206
Neg. Dec. for
Bow and Arrow
Ordinance |
RESOLUTION NO. 26,488:
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.
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Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
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8:53 P.M.
Recess |
The Council recessed at this time. The meeting reconvened at 9:05 p.m.
with all members present.
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801-2
Budget Study
Session
Management Services Division |
Mr. Nicoll,
Management Services Director, presented the proposed budget reduction for
the Management Services Department.
Mr. Vander Borght
requested clarification on the increases in General Liability Funds and
Mr. Nicoll responded last fiscal year reflected a budgeted cost of
$200,000 for the premium and that the actual cost was $326,000. He added
an additional $100,000 was being budgeted for Fiscal Year 2003-04 and
noted the possibility of up to a 40 percent increase in premium costs.
Mr. Golonski
requested a follow-up memo with regard to insurance in general, the
current insurance rates, the components of the insurance coverage, and any
possible alternatives.
Mr. Vander Borght
requested that proposed position cuts that would result in laying-off
employees be kept on the Council�s reconsideration list.
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Public Works Department |
Mr. Feng, Public
Works Director, presented the proposed budget reduction for the Public
Works Department.
Mr. Golonski
requested staff present a three-year street resurfacing plan.
Mr. Vander Borght
requested information on the multi-year plan for proposed alley
improvements.
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Fire Department |
Chief Davis, Fire
Chief, presented the proposed budget reduction for the Fire Department.
Mrs. Ramos requested
clarification on the position upgrades that would cost an additional
$94,000 to be off-set by revenues from Hazardous Material fees and Mr.
Davis responded State law allowed for local agencies to recover 100
percent of the Hazardous Material Program costs from participating
businesses.
Mr. Golonski
requested clarification on the savings realized from freezing 11 fire
fighter positions and back-filling some of them with over-time.
Mr. Vander Borght
requested clarification on the elimination of the Fire Recruit Academy and
Chief Davis responded recruiting efforts would be eliminated for one year
pending determination on whether a fire station would be closed or not.
Mr. Golonski
requested staff provide more information regarding the impacts of
eliminating the paramedic training program and Chief Davis stated the
department would maintain the current number of paramedics and not rotate
them out of the program to require training new paramedics. Mr. Golonski
requested this item be placed on the Council�s reconsideration list.
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Burbank Water and Power |
Mr. Davis, General
Manager, Burbank Water and Power, presented the proposed budget reduction
for Burbank Water and Power.
Mr. Golonski
requested staff provide more information regarding the public benefit plan
charge for Council discussion and consideration of the components of each
plan.
Mr. Vander Borght
inquired as to the possibility of undergrounding utilities and Mr. Davis
responded the department had over $500,000 a year for undergrounding
utilities and noted the issue would be presented to the Council for
further consideration if any new opportunities arose.
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Ordinance
Submitted |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that �Ordinance
No. 3622 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
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1701
Second Dwelling
Units |
ORDINANCE NO. 3622:
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.
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Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
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Ordinance
Submitted |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �Ordinance
No. 3623 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
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604
Amend the BMC
Pertaining to
Business License,
Business Permit,
And Application
Fees |
ORDINANCE NO. 3623:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTERS 3, 5
AND 8 OF THE BURBANK MUNICIPAL CODE PERTAINING TO FEES FOR REGULATORY
BUSINESS LICENSES, BUSINESS PERMITS, AND APPLICATIONS FOR SUCH LICENSES
AND PERMITS.
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Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
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Third Period
of Oral
Communication |
Ms. Murphy called for speakers for the third period of oral communications
at this time.
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Citizen
Comment |
Appearing to comment were
Eden Rosen,
on the Supreme Court�s denial of Burbank�s invocation case, commenting on
paramedic responses in the past; and Mike Nolan, commending the Fire
Department on the use of the water truck, commenting on Burbank�s
influence in State legislation to enable the replacement of an armory.
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Staff
Response
|
Members of the Council and staff responded to questions raised.
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Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 12:09 a.m. to Thursday, May 22, 2003, in the City Council
Chamber for a Budget Study Session.
s/Margarita Campos
Margarita Campos, City Clerk
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APPROVED
JULY 15, 2003
s/Stacey Murphy
Mayor of the Council
of the City of Burbank
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