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 5:32 p.m. by Ms. Murphy, Mayor.
CLOSED SESSION
Present- |
Council Members Campbell, Ramos, Vander Borght and Murphy. |
Absent - - - - |
Council Member Golonski. |
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
Oral
Communications |
Mayor Murphy called for oral communications on Closed Session matters at
this time.
|
Citizen
Comment |
Appearing to comment was R. C. �Chappy� Czapiewski,
requesting clarification of closed session items, and reiterating events
relative to the case of Karam v. City of
Burbank.
|
5:36 P.M.
Recess |
The Council recessed at this time to the City Hall Basement Lunch
Room/Conference Room to hold a Closed Session on the following:
|
|
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.
2. Name of Case: City of Burbank v. Calpine Energy
Services, et al.
Case No.: U.S. FERC: EL 02-117-000
Brief description and nature of case:
Termination of
energy
contract.
3. Name of Case: Mark Butters v. City of Burbank.
Case No.: EC033467
Brief description and nature of case:
Breach of contract.
|
|
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
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:40 p.m. by Ms. Murphy, Mayor.
|
Invocation
|
The invocation was given by Pastor Paul Clairville, Westminster
Presbyterian Church.
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Paula Moren, John Muir
Middle School.
|
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.
|
301-1
St. Francis
Xavier Old Tyme
Country Faire |
Rory Zipp invited
the members of the community to participate in the St. Francis Xavier Old
Tyme Country Fair to be held from May 23 to
May 25, 2003; and
the St. Francis Xavier School cheerleaders performed.
|
301-1
Youth Art
Expo |
Mrs. Freed,
Recreation Supervisor,
Burbank Creative
Arts Center, gave a PowerPoint presentation on the 2003 Youth Art Expo.
She noted over 1300 pieces of art were submitted by Burbank students, of
which 180 pieces were displayed in the gallery and 27 pieces received
awards.
She then introduced
the following award winners: Kindergarten winners: Connor Lockheimer,
David Madden, Jefferson Elementary; and Kelly Broderick,
Emerson
Elementary
School;
First grade winners:
Noa Chupkov,
Roosevelt Elementary School; Katie Decker, Saint Francis Elementary; and
Hayley Bradford, Jefferson Elementary;
Second grade
winners: Sarah Noll, Ryan Hanson, Jefferson Elementary; and Allyson Cruz,
Saint Finbar Elementary;
Third grade winners:
Grace McCarney, Stevenson Elementary; Josue Cornejo, Bret Harte
Elementary; and Wenona Bettina Carlos, Disney Elementary;
Fourth grade
winners: AJ Ghadimi, Miller Elementary; Arturo Ceballos, Washington
Elementary; and Carolina Zulvaga, Emerdon Elementary;
Fifth grade winners:
Adriana Vigil, Edison Elementary; Christina Truong, Edison Elementary: and
Henry Thompson, Bret Harte Elementary;
Three dimensional
winners: George Lopez, Roosevelt Elementary; Paula Moren,
John Muir Middle
School; and Patricia Galang, Jefferson Elementary;
Middle School
winners: Jane Ispirian,
David Star Jordan
Middle School; Phillip Filijian, Luther Burbank; and Gina Perez, Saint
Finbar Middle School;
High School winner:
Susan Estrada,
John Burroughs High
School; and,
Best of Show
Saturday High School Scholarship Award winners: Curran Wedner and Ricardo
Aguilar, John
Burroughs High School.
She thanked all the
students who participated, recognized staff for their efforts in
coordinating the Youth Art Expo and invited Mayor Murphy to award
Certificates of Recognition to the students.
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the Council during the
Closed Session meeting.
|
First Period of
Oral
Communications |
Ms. Murphy called for speakers for the first period of oral communications
at this time.
|
Citizen
Comment |
Appearing to comment were
C. L. Stack, urging
the Council to carefully appoint new members to the Boards & Commissions;
Esther Espinoza, urging diversity in the conduct of City business; Phil
Berlin, on the Neighborhood Protection Plan not encompassing the entire
neighborhood impacted by the Platt Project; Ron Vanderford, commenting on
the case of Karam v. City of Burbank, and encouraging the Council to
accept the offer presented by plaintiff; Jim Schad, inquiring as to why
people are currently allowed to stand in the Chamber when filled to
capacity, and urging the Council to eliminate merit bonuses; Susan Bowers,
on the criteria for the use of the Channel 6 scroll, offering the event
calendar posted on the Chamber of Commerce website for the purpose of
publicizing any event in the community; Molly Hyman, on the recent sale of
property to the Cusumano Real Estate Group, and requesting the Council
relieve Mrs. Georgino of her duties as Community Development Director; and
Stan Hyman, on the Council questioning recent Community Development Block
Grant applications but not scrutinizing the terms of the Cusumano
agreement, and requesting Mrs. Georgino�s employment be terminated.
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
Second Period
of Oral
Communications |
Ms. Murphy called for speakers for the second period of oral
communications at this time.
|
Citizen
Comment |
Appearing to comment were
Hoori Chalian, in
support of her application for reappointment to the Youth Endowment
Services (YES) Committee, briefly describing her qualifications; Joan
Chandler, in support of her application for reappointment to the YES
Committee, briefly describing her qualifications; Richard Gillis, stating
the Platt Project developers are continuing their efforts to obtain
approval for their project, and affirming the neighborhood was still
against it; Phil Berlin, on the proposed Neighborhood Protection Plan (NPP)
for the Cordova-Fairview area, noting the impacts on the neighborhood by
cut-through traffic on Niagara Street, and the need for traffic calming
devices on Oak Street; Rolph Darbo, on the Traffic and Transportation
Study Session and the proposed NPP for the Cordova-Fairview area,
recommending the use of equations as opposed to averages when conducting
traffic counts, on the need to incorporate the neighborhood impacts with
regard to the Platt Project, urging the Council to use a different company
other than Crane to conduct the traffic study, urging the traffic studies
be delayed until the completion of an undergrounding project in the area;
Dr. David Gordon, reminding the Council of David Gerred�s violation of
Fair Political Practices Committee (FPPC) regulations and urging the
Council to consider the violation when making appointments to Boards and
Commissions, asking whether Planning Board applicants have received any
information on the Planning Board membership criteria; Yvette Ulloa, in
support of her application to serve on the YES Committee, expressing a
desire to give back to the community through this appointment, and
outlining her qualifications; Eden Rosen, on negotiations with Charter
Communications, urging the Council to appoint qualified candidates to the
City�s Boards and Commissions; Dr. Theresa Karam was interrupted for not
addressing action items; Alice Howell, on the neighborhood impacts of the
Platt Project, stating the NPP was not all-encompassing; Susan Bowers,
recommending consideration be given to recent graduates of the Leadership
Burbank Program who have applied for Boards and Commissions vacancies.
Carolyn Berlin, on
the proposed NPP, stating it was improper to only consider traffic impacts
directly across the street from the Platt Project, citing the Media
District Specific Plan (MDSP) and requesting the NPP include the
neighborhood as described in the MDSP; Esther Espinoza, on the Peyton-Grismer
Revitalization Project, urging the Council to appoint qualified applicants
to the Boards and Commissions, in opposition to negotiating with Charter
Communications for cable franchise; David Gerred, reiterating he was found
guilty of an FPPC violation while serving on the Planning Board, stating
he was not aware his action was an FPPC violation, that he returned the
monetary contribution and was allowed to remain on the Board at the time;
Gary Bric, in support of his applications to Boards and Commissions,
citing his experience and qualifications for these positions; Ron
Vanderford, on the proposed NPP, expressing appreciation to the Council
for voting against the Platt Project, and questioning the need for a
traffic study, stating the NPP should encompass more than the defined
area; Michael Porco, in support of his applications for vacancies on
Boards and Commissions, briefly outlining his qualifications; C.L. Stack,
requesting alternates be appointed on those Boards and Commissions with
many applicants, and in support of Gary Bric�s application to the Park,
Recreation and Community Services Board.
Mark Barton,
commenting on the City�s signage program and the need for signage for
traffic circulation; David Piroli, commenting on the Traffic and
Transportation Study Session agenda, on traffic impacts inundating the
City�s infrastructure, asking whether the cable franchise negotiation will
include cable access studios in Burbank, stating his opposition to placing
a sports bar below residential housing in the past and the consequences of
that action; Ken Hoaglund, expressing appreciation to the Council for
voting against the Platt Project, stating the previous traffic study
undertaken for the Snyder (Pinnacle) Project was skewed; Mike Nolan,
expressing his disappointment with the staff report submitted with regard
to the Conditional Use Permit for Gitana because it did not contain a full
report of incidents which occurred at Gitana; Larry Applebaum, in support
of his application to the Landlord-Tenant Commission, and requesting the
Council ensure diversity in the selection of applicants and consider
increasing the number of members on different Boards and Committees.
Molly Hyman, on the
Traffic and Transportation Study Session agenda, on the absence of
construction signs on Burbank Boulevard and Olive Avenue during a recent
Los Angeles City street paving project, stating Burbank senior staff
should all be required to be Burbank residents; Mark Friedman, commenting
on the Traffic and Transportation Study Session agenda, noting traffic
concerns in his neighborhood caused by the installation of dedicated
left-turn lanes and the impacts of large developments on traffic within
the City; Stan Hyman, on the appointments to Boards and Commissions,
urging the Council not appoint Mr. Laurell to the Park, Recreation and
Community Services Board due to alleged past conflict of interest
violations; and James Schad, commenting that no neighborhood in the City
wants traffic impacts, noting traffic problems are prevalent throughout
the City and mitigation measures should be applied Citywide.
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
8:42 P.M.
Recess |
The Council recessed to permit the Redevelopment Agency to hold its
meeting. The Council reconvened at 8:47 p.m. with all members present.
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that "the
following items on the consent calendar be approved as recommended.�
|
Minutes
Approved |
The minutes for the regular meeting of March 18, 2003 were approved as
submitted.
|
1208-5
Draft Amended
Relocation Plan
For Peyton-
Grismer
Revitalization
Project |
A report was received from the Community Development Department requesting
Council consideration of the Draft Amended Relocation Plan of Draft
Amended Plan for the Peyton-Grismer Revitalization project to initiate the
30-day plan review period.
The Council noted and filed the report.
|
806
PSA for Annual
Audit Services
With KPMG, LLP. |
RESOLUTION NO. 26,489:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
PROFESSIONAL SERVICES AGREEMENT FOR ANNUAL AUDIT SERVICES BETWEEN THE CITY
OF BURBANK AND KPMG, LLP.
|
806
PSA for Internal
Audit Services
With Vavrinek,
Trine, Day &
Co., LLP. |
RESOLUTION NO. 26,490:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
PROFESSIONAL SERVICES AGREEMENT FOR INTERNAL AUDIT SERVICES BETWEEN THE
CITY OF BURBANK AND VAVRINEK, TRINE, DAY & COMPANY, LLP.
|
1204-2
Vesting Parcel
Map No. 24941-
01 (Burbank
Empire Center) |
RESOLUTION NO. 26,491:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE FILING OF
VESTING PARCEL MAP NO. 24941-01 (BURBANK EMPIRE CENTER PROJECT � MULTIPLE
MAP FILING).
|
411
Reimbursement
Agmt. with
SCPPA for 461
N. Varney |
RESOLUTION NO. 26,492:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF BURBANK AND THE SOUTHERN
CALIFORNIA PUBLIC POWER AUTHORITY WITH RESPECT TO THE PROPERTY LOCATED AT
461 N. VARNEY STREET.
|
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.
|
1206
Cable Franchise
Renewal |
Mr. Morillo,
Assistant City Attorney, requested the Council commence a statutory
renewal process of the Cable Television Franchise Agreement with Charter
Communications. He stated currently, Charter Communications operated under
a 10-year franchise granted by the City that would expire in October 2005
and had a right under Federal law to request renewal of this franchise. He
also requested appropriation of $25,000 to retain the services of Mr.
Marticorena, of Rutan and Tucker, LLP, to advise the Council and staff in
this renewal process and approval of an appropriation not-to-exceed
$60,000 for hiring other consultants to perform services necessary in the
renewal process. He informed the Council staff was coordinating with the
City of
Glendale,
which was also in the process of renewing their franchise with Charter
Communications, to share costs to the extent feasible and achieve some
savings.
Mr. Marticorena,
partner with Rutan and Tucker, LLP, stated he was retained by the City
since 1994 to represent the City on cable television matters, and
described the process required by Federal law, prior to the expiration of
an existing franchise. He reported the consultants would conduct several
studies to evaluate the performance of Charter Communications and present
a report to the Council.
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �staff be
directed to commence cable franchise renewal proceedings with Charter
Communications.�
|
Carried |
The motion carried by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
202
203
City Boards,
Commissions &
Committees |
Mrs. Campos reported on April 16,2003, the City Clerk�s Office began
advertising and accepting applications for vacancies, created by June 1,
2003 term expiration, on various City Boards, Commissions and Committees.
She noted that the deadline to submit applications was Friday, May 16,
2003.
She explained the City Clerk�s office conducted a random drawing to select
the order that the Boards, Commissions and Committees would be placed on
the agenda for Council voting and also to select the order the applicants
would appear on the voting sheets. She noted that the Council voted based
on the number of vacancies on the Board, Commission or Committee but said
no Council Member was obligated to vote the allowed number of times.
As a result of the random drawing, she said the following was the order
presented to the City Council for voting: Civic Pride Committee (5
vacancies) � Susan M. MacFarlane, Ellen D. Myer, John P. Goffin, Yvette M.
Ulloa, Louise M. Paziak, Valene L. Rolon, Juliet A. Gipson, Linda F.
Silvas, Razmik Hovanessian, and J.J. Connaughton; Youth Endowment
Services Fund Advisory Committee (2 vacancies) � John P. Goffin, Larry
A. Applebaum, J.J. Connaughton, Hoori Chalian, Yvette M. Ulloa, Michael
Porco, Gloria O�Donohoe, Janice M. Jafari, and Joan L. Chandler; Civil
Service Board (2 vacancies) � Norman A. Furman, David W. Hackett, Alex
R. Moreno, John P. Goffin, Theodore F. Milner, and Mary Lou Howard;
Board of Library Trustees (2 vacancies) � Michael W. Kubasak, Connie
M. Wilson, Susan D. Bowers, Susan T. Robles, Gloria O�Donohoe, and Lee
Paysinger; Traffic and Transportation Committee (2 vacancies) �
Ralph J. Herman, Brian A. Malone, William B. Smith, William T. Stevens,
Gary R. Bric, John E. Nave, Paul W. McKenna Jr., Vahe Hovanessian,
Fredrick K. Thompson, Michael W. Kubasak, and Joe M. Spaulding.
Park, Recreation & Community Services Board
(2 vacancies) � Cynthia A. Cavanaugh, Lee Paysinger, Garen V. Yegparian,
Thomas P. Moriarty, Marla A. Martinez, David C. Laurell, Elisabeth H.
Handler, Janice M. Jafari, Gary R. Bric, Carolyn E. Jackson, and John P.
Goffin; Board of Building and Fire Code Appeals (2 vacancies) �
Nicholas L. Trotta, Timothy G. Behunin, John P. Goffin, and William F.
Ballas; Police Commission (2 vacancies) � Carlos F. Lopez, Stuart
A. Maislin, Brian A. Malone, Michael W. Kubasak, Theodore F. Milner, Lee
Paysinger, William B. Smith, Michael Porco, Alex R. Moreno, William T.
Stevens, Hagop J. Hergelian, Robert Frutos, and Paul W. McKenna Jr.;
Burbank Water and Power Board (4 vacancies) � Vahe Hovanessian, John
P. Goffin, Alan H. Wilson, Wendy M. James, Elisabeth H. Handler, Lee J.
Dunayer, Marla A. Martinez, Jancie A. Slaby, and Leonard H. Kushner;
Planning Board (2 vacancies) � Juliet A. Gipson, Cynthia A. Cavanaugh,
John P. Goffin, David R. Gerred, Vahe Hovanessian, Kenneth H. San Miguel,
Mitchell T. Thomas, Margaret A. Taylor, Nicole B. Remini, and Lee J.
Dunayer; Landlord-Tenant Commission (2 vacancies) � Marla A.
Martinez, Razmik Hovanessian, and Larry A. Applebaum; and
Transportation Commission (3 vacancies) � Brian A. Malone, Kathryn K.
Cerra, Robert Frutos, Paul W. McKenna Jr., Larry W. Cutler, Christopher S.
Carson, Susan T. Robles, Razmik Hovanessian.
|
|
Mr. Golonski requested the membership on the Youth Endowment Services Fund
Advisory Committee be increased to seven members to create a total of four
vacancies as opposed to two vacancies, with one term initially being a
two-year term expiring in June 2005.
|
Procedure |
The Council voted on each Board, Commission and Committee separately, and
at the conclusion of the open voting, the following individuals were
appointed to serve on the respective Board, Commission or Committee, for
terms expiring June 1 of the year indicated, unless otherwise specified.
|
203-3
Civic Pride
Committee |
For the Civic Pride Committee, the Council made the following selections:
Ellen Myer (2005), Yvette Ulloa (2005), Louise Paziak (2005), Valene Rolon
(2005), and Linda Silvas (2005).
|
203-5
YES Fund
Advisory
Committee |
For the Youth Endowment Services Fund Advisory Committee, the Council made
the following selections: Larry Applebaum (2007), Hoori Chalian (2007),
Michael Porco (2007), and Joan Chandler (2005).
|
202-2
Civil Service
Board |
For the Civil Service Board, the Council made the following selections:
Theodore Milner (2007) and Mary Lou Howard (2007).
|
202-4
Board of Library
Trustees |
For the Board of Library Trustees, the Council made the following
selections: Susan Bowers (2007) and Lee Paysinger (2007).
|
203-2
Traffic and
Transportation
Committee |
For the Traffic and Transportation Committee, the Council made the
following selections: Ralph Herman (2005) and Gary Bric (2005).
|
202-5
Park, Recreation
And Community
Services Board |
For the Park, Recreation and Community Services Board, the Council made
the following selections: David Laurell (2007) and Carolyn Jackson
(2007).
|
202-1
Board of Building
And Fire Code
Appeals |
For the Board of Building and Fire Code Appeals, the Council made the
following selections: Nicholas Trotta (2007), and Timothy Behunin (2007).
|
202-7
Police Commission |
For the Police Commission, the Council made the following selections:
Hagop Hergelian (2007) and Robert Frutos (2007).
|
202-8
Burbank Water
And Power
Board |
For the Burbank Water and Power Board, the Council made the following
selections: Vahe Hovanessian (2007), Wendy James (2007), Lee Dunayer
(2007), and Janice Slaby (2007).
|
202-6
Planning
Board |
For the Planning Board, the Council made the following selections:
Mitchell Thomas (2007) and Margaret Taylor (2007).
|
202-11
Landlord-Tenant
Commission |
For the Landlord-Tenant Commission, the Council made the following
selections: Marla Martinez (2007) and Razmik Hovanessian (2007).
|
202-12
Transportation
Commission |
For the Transportation Commission, the Council made the following
selections: Kathryn Cerra (2007), Paul McKenna (2007), and Susan Robles
(2007).
|
9:43 P.M.
Recess |
The Council recessed at this time. The meeting reconvened at 9:51 p.m
with all members present except Mr. Vander Borght who arrived at 9:52 p.m.
|
1600
Traffic and
Transportation
Study Session
Proposed Agenda |
Mr. Herrmann, Assistant Community Development Director-Transportation,
reported this item was placed on the agenda at Council Member Vander
Borght�s request for the Council to consider agendizing a presentation and
discussion of the overall traffic and transportation issues in the City.
He stated a proposed outline of the discussion included: the measurement
and trend of regional and local traffic volumes; how the local roadway
system was being improved to handle additional traffic; the forecasting of
future traffic conditions; the methodology for determining the impacts of
a particular development project; the funding and programming of
transportation improvements; neighborhood protection; trip-reductions
programs; and public transit and other transportation alternatives.
Mr. Golonski requested a follow-up session subsequent to this presentation
to discuss the goals, objectives and the alternatives to be pursued.
|
10:14 P.M.
Mrs. Ramos and
Mr. Golonski
Left the Meeting |
Mrs. Ramos and Mr. Golonski left the meeting at this time due to a
potential conflict with the following item.
|
1703
Proposed NPP
For Cordova-
Fairview Area |
Mr. Herrmann, Assistant Community Development Director-Transportation,
reported on the proposed Neighborhood Protection Plan (NPP) for the
Cordova-Fairview area in response to comments raised by residents during
the Platt Project hearing. He requested Council consideration and
direction to form an NPP and hire a consultant to undertake a study
comprised of traffic counts in the area. He stated staff recommended
considering the area bounded by Hollywood Way, Oak Street, Fairview
Street, Alameda Avenue and Olive Avenue.
Following Council deliberation, staff was directed to consider the area
bounded by Hollywood Way, Oak Street, Buena Vista Street, Olive Avenue and
Alameda Avenue.
|
10:47 P.M.
Mrs. Ramos and
Mr. Golonski
Returned to the
Meeting |
Mrs. Ramos and Mr. Golonski returned to the meeting at this time.
|
1503
1504
BWP Monthly
Water and
Electric Report |
Mr. Davis, General Manager, Burbank Water and Power (BWP), reported on
BWP�s Water and Electric Monthly report as follows: Water quality
continued to meet all State and Federal drinking water standards and the
goals set by the Council; the Water Division�s operating results were on
budget; staff completed negotiations with the Lockheed Corporation
regarding the improvements on the Operable Unit; and that the Metropolitan
Water District (MWD) was sponsoring an inspection trip of the water
infrastructure in the State of California and Mayor Murphy and Council
Member Campbell would participate in the trip.
With regard to the Electric Division, he stated reliability continued to
excel; the utility continued to endure low electric usage by residents and
that the lower revenues have been offset by wholesale revenues; staff
continued with efforts to retrofit the Olive 1 and 2 units for return to
service this summer; the demolition of the Magnolia 1 and 2 units was
almost complete; construction of the Magnolia Power Project would begin in
June with groundbreaking scheduled for June 10, 2003; and the old BWP
administration building continued to undergo renovation.
The Council noted and filed the report.
|
1704-3
Gitana CUP
Revocation |
Mr. Forbes, Senior Planner, reported the Council requested to agendize
this item for the purpose of discussion regarding the Gitana Bar and Night
Club (Gitana) and its Conditional Use Permit (CUP). He informed the
Council Gitana operates under a CUP approved by the Council in 1998 and
modified in 2000 and 2001. He stated recent attention had been focused on
Gitana in the press as a result of police activity at the establishment,
and the Police Department�s ability to initiate a cost recovery system for
reimbursement for the police services rendered and that questions have
also been raised whether Gitana was operating in compliance with its CUP.
He explained the Police Department was in the process of reviewing the
history of police activity at Gitana to provide an accurate account of the
police services rendered at the business. He stated if the Council wished
to place the item on a future agenda, staff would provide a detailed
report of the police calls, analyze the history of incidents and the
related police activity along with any other complaints or issues that
have been received and determine whether Gitana appears to be in violation
of the CUP, and make a recommendation on whether or not to initiate
revocation proceedings of the CUP. He advised, pursuant to the Burbank
Municipal Code, only the Council had the authority to revoke a CUP after
holding a public hearing and determining that the permit was obtained by
fraud, used in violation of the conditions of approval or law, or the
business operating under the permit constituted a public nuisance.
He noted Gitana�s CUP provided for additional steps to be completed prior
to the revocation hearing that would require the Police Chief to request a
compliance hearing before the Planning Board for determination whether or
not the police activity at that location created a substantial adverse
impact on the City�s police services based upon the recommendations of the
Police Chief. The Planning Board would also have the authority to request
a revocation hearing by the Council.
Following Council deliberation, Mayor Murphy requested the item be
agendized and staff provide further information on the revocation process.
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �staff be
directed to prepare the report on police calls for service as described
above and schedule this item for the earliest possible date given the time
that will be necessary to compile the data and prepare a comprehensive
report.�
|
Carried |
The motion carried by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
Ordinance
Submitted |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that �Ordinance
No. 3624 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
|
1004-4
Amend Contract
With PERS |
ORDINANCE NO. 3624:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES� RETIREMENT SYSTEM AND THE CITY OF BURBANK.
|
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.
|
11:08 P.M.
Reconvene Redev.
Agency Meeting |
The Redevelopment Agency meeting was reconvened at this time.
|
Third Period
of Oral
Communication |
Ms. Murphy called for speakers for the third period of oral communications
at this time.
|
Citizen
Comment |
Appearing to comment were
Carolyn
Berlin, citing the boundary designations of the Media District Specific
Plan (MDSP), noting the area does not stop at Oak Street, stating there
has never been a study done as required under the Implementation Section
of the MDSP, requesting the neighborhood be studied pursuant to the MDSP,
and noting the definition of the area to be studied was expanded due to
residents� concern that their R-1 property would be rezoned to allow
multi-family units or condominiums; Eden Rosen, complaining about a
member of the Landlord-Tenant Commission, commenting on the Alzheimer�s
Program, and complimenting other residents for assisting her since she has
been physically incapacitated; Mark Barton, stating the colors on the
proposed Wayfinding Signage are too flashy and requesting the colors be
more environmentally-acceptable; and Mike Nolan, commenting on the
information provided by staff with respect to the potential revocation of
the Gitana Conditional Use Permit.
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Staff
Response
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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 11:24 p.m.
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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