City of Burbank - Council Minutes

Tuesday, May 27, 2003


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.

 

 

Staff

Response

 

 

Members of the Council and staff responded to questions raised.

 

 

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   

 

 

 

 APPROVED JULY 15, 2003

 

 

 

        s/Stacey Murphy           

       Mayor of the Council

      of the City of Burbank

 

 

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