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Present- - - - |
Council Members Golonski, Ramos, and Murphy. |
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Absent - - - - |
Council Members Campbell and Vander Borght. |
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Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
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Oral
Communications |
There was no response to the Mayor�s invitation for oral communications on
Closed Session matters at this time.
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5:02 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:
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a. Conference with Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case: City of Burbank v. Burbank-Glendale-
Pasadena
Airport Authority.
Case No.:
BC259852
Brief description and nature of case:
Declaratory Relief.
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b. Conference with Legal Counsel � Anticipated Litigation (City
as possible plaintiff):
Pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 1
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c. Conference with Legal Counsel � Anticipated Litigation (City
as potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 3
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d. Conference with Labor Negotiator:
Pursuant to Govt. Code �54957.6
Name of the Agency Negotiator:
Management Services
Director/John K. Nicoll
Name of Organization Representing Employee:
Represented:
Burbank
Police Officers Association.
Summary of Labor Issues to be Negotiated:
Current contract
and
retirement issues.
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Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:37 p.m. by Ms. Murphy, Mayor.
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Invocation
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The invocation was given by Reverend Tania Kleiman, Olive Branch
Ministries.
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Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Police Captain Skvarna.
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Present- - - - |
Council Members Campbell, Golonski, Ramos, Vander Borght and Murphy. |
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Absent - - - - |
Council Members None. |
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Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
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301-1
Plant-a-Tree
Donation |
Ms. Meyer, Chair of
the Civic Pride Committee, presented a check in the amount of $4,985 to be
used for planting ornamental trees at
Johnny Carson Park,
raised through the Civic Pride Committee�s Plant-A-Tree Program in March
2003.
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301-1
Library Bookmark
Contest Winners |
Mrs. Cohen, Library
Services Director, gave a brief background on the Library Services
Department�s Bookmark Contest, which was conducted to instill the love of
reading among
Burbank children.
She introduced Children�s Librarian, Ericca Carr, to present the following
winners who were awarded prizes and Certificates of Recognition:
Kindergarten to Second Grade Category winner Keren Zepeda, first grader
at Washington School; Third to Fifth Grade Category winner Mindesh
Rattanchandani, fifth grader at Washington School; Seventh to Eight Grade
Category winner Lenny Mayorga, seventh grader at Luther Burbank Middle
School; and runner- up in the Kindergarten to Second Grade Category Skylar
MacDonald, kindergartener at Bret Harte Elementary School.
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301-1
Park and
Recreation Month |
Mayor Murphy
presented a proclamation in honor of Park and Recreation Month to Todd
Layfer, Chair of the Park, Recreation and Community Services Board.
|
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Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council during the
Closed Session meeting.
|
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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
Gary Garrison, on
commending women police officers; Kayla Gurley, representing Burbank
Thunder, a girls softball team, thanking the Council for last year�s
commendation and requesting financial assistance to compete in this year�s
World Series; John Beecher, requesting more speed bumps on West Valencia
Avenue; John Holmes, on behalf of the West Jacaranda and Woodland Avenue
neighborhood, presenting a letter commending the Council for the removal
of a lawn sign advertising a childcare center and a neighborhood petition
that the construction noise be reduced, noting the disappointment that the
neighborhood had no input in the approval process for the childcare
center; Howard Rothenbach, requesting the Council consider lighted
crosswalks when addressing the item on public education on traffic issues;
Esther Espinoza, commenting on institutional racism; James Schad,
commenting on the embattled crosswalk at the Airport; and Mark Barton,
commending the Police Department.
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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
Len Kushner,
commenting on the appointment of the Burbank Water and Power Advisory
Board; Robert Gangi, representing Gitana, commenting on past directives
from the former Chief of Police and what he perceives to be a lack of
communication, noting receipt of a recent bill from the Police Department
for excessive Police calls, requesting the Council revisit the issue after
a set period of time due to the perceived change of directive; Robin
Vandeveer, one of the owners of Gitana, stating he believes the restaurant
has been the target of sensational journalism, referencing a meeting which
was conducted with Captains Skvarna and Koch, stating Gitana desires to be
a positive influence in the community, noting patrons of other
establishments use the same parking lot and those patrons are sometimes
the subjects of police calls which are attributed to Gitana, requesting
the Council revisit this issue at a future date; Kevin McCarney,
requesting the Council not curtail the period of oral communications, and
supporting adding one minute to the existing second period of oral
communications, suggesting the periods be renamed to reflect their
purpose; Esther Espinoza, commenting on oral communications, public
education on traffic issues, and on the Gitana Conditional Use Permit
(CUP) revocation; Howard Rothenbach, commenting on oral communications and
requesting that the time for oral communications be extended, noting the
large number of incidents which prompted police calls to Gitana,
requesting that the Council hold the establishment accountable to their
conditions of approval; Mark Barton, requesting additional time for oral
communications.
David Piroli,
commenting on the Gitana CUP, stating he was opposed to a mixed use which
contained senior housing and a restaurant/sports bar, urging the Council
to schedule a revocation hearing, and requesting three minutes at the
beginning or three minutes at the end for oral communications, and in
support of staff�s recommendation that the City not provide any further
financial assistance to the Burbank Unified School District; Mike Nolan,
on Measure A and in support of public education on traffic issues; C.L.
Stack, requesting the Council simplify the oral communications rules,
commenting that changes need to be made to the Joint Powers Agreement in
order for Burbank to have equal representation; Eden Rosen, in support of
the Gitana CUP revocation and requesting the Council extend the one-minute
period of oral communications; and Ann Bogue, commenting on second
dwelling units on single-family lots, inquiring how homeowners of R-1
Zoned property will be affected by the 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. Campbell that "the
following items on the consent calendar be approved as recommended.�
|
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304-1
801-2
Civic Pride�s
Donation of
Plant-A-Tree
Monies |
RESOLUTION NO. 26,516:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING FISCAL YEAR
2002-2003 BUDGET FOR THE PURPOSE OF ACCEPTING THE CIVIC PRIDE COMMITTEE�S
DONATION OF PLANT-A-TREE MONIES IN THE AMOUNT OF $4,985.
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1004
Trust Agmt. for
VEBA |
RESOLUTION NO. 26,517:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE TRUST
AGREEMENT (CITY OF BURBANK WELFARE BENEFIT PLAN) BETWEEN THE CITY OF
BURBANK AND WASHINGTON TRUST BANK.
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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.
|
|
1704-3
Gitana CUP
Revocation |
Mr. Forbes, Senior
Planner, reported on
May 27, 2003,
staff provided the Council with a report that contained information on the
Conditional Use Permit (CUP) revocation process in general, and on some of
the specific terms of Gitana�s CUP, the nightclub/restaurant/sports bar
located at 260 East Magnolia Boulevard. He stated the Council directed
staff to return with a report from the Police Department outlining the
recent history of police activity at Gitana and analyzing the demands
placed upon the City�s police services. He added the Police Department
analyzed all of the police calls to Gitana and the immediate vicinity
between October 2002 and May 2003 and evaluated the extent to which the
calls were related to the business, and determined that a total of 63
police calls for service that were linked to Gitana occurred during the
eight-month period for incidents such as assaults with a deadly weapon,
fights, and driving under the influence.
Further, he reported
based upon the frequency and nature of the police calls for service and
the number of police officers that are often required to handle the
situations, the Police Department determined that the incidents create a
substantial adverse impact on the delivery of police services within the
City of Burbank prompting the Chief of Police to request that the Planning
Board conduct a compliance hearing pursuant to the conditions of approval
for Gitana�s CUP, to determine if Gitana is creating a substantial adverse
impact on police services to the detriment of public health and safety and
in violation of the conditions of approval.
Mr. Forbes advised
although the Council has the authority to directly initiate revocation
proceedings, staff recommended holding a compliance hearing before the
Planning Board prior to scheduling a revocation hearing before the
Council, to ensure compliance with the intent of Gitana�s conditions of
approval. He stated following the compliance hearing, the Planning Board
and/or the Council may determine that Gitana has not complied with the
conditions of approval and may set the matter for a revocation hearing. He
added if the Planning Board and/or Council established that a revocation
hearing should occur based upon the determination of the Planning Board
compliance hearing, staff would recommend proceeding with scheduling a
revocation hearing before the Council as a noticed public hearing with
notices to the business/property owner and all property owners and tenants
in the vicinity.
Mr. Campbell
inquired whether the incidents at Gitana could be attributed to seasonal
events such as sporting events, and Captain Skvarna responded he did not
have any information to that effect, but noted the Police Department
always anticipated a greater number of incidents in major sports seasons
such as the National Basketball Association (NBA) finals.
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Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �staff be
directed to schedule a compliance hearing before the Planning Board with
the Chief of Police.�
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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.
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412
Financial
Partnerships
Between the
City and the
BUSD |
Ms. Alvord, City
Manager, stated during the Fiscal Year (FY) 2003-04 budget adoption at the
June 17, 2003 Council meeting, Council Member Golonski suggested that a
discussion amongst the Council and the School Board of the Burbank Unified
School District (BUSD) be considered to ascertain the feasibility of the
City providing the School District with financial support for the 2003-04
school year.
She added with the
Council and School Board scheduled to conduct a joint meeting on
July 16, 2003,
a preliminary discussion was suggested to formulate ideas and determine
the agenda, in addition to the feasibility of providing financial support
to the BUSD. She noted the challenges faced by the City in balancing the
FY 2003-04 Budget and concluded with staff�s recommendation that the
Council not provide any further financial assistance to the BUSD above and
beyond what the City is already providing in partnership with the District
for FY 2003-04. She added staff was open to and supportive of Council
direction to work cooperatively with the BUSD on other possible cost
saving ventures. She also noted the importance of the partnership between
the School
District and the City to the community.
Mr. Golonski noted
the financial challenges facing the BUSD and requested the Council ask the
School Board to compile a prioritized list of programs that would be
restored if funding was made available. With regard to potential
synergies, he requested the School Board prepare to discuss the subject at
the July 16,
2003 meeting,
together with ideas on the possibility of forming a fundraising agency or
foundation. He stressed the need for the BUSD to continually support
conservation efforts in order for the City to offer additional assistance
in the form of a rate structure that offers extra discount if overall
usage was reduced.
Mr. Vander Borght
noted the need for the City to pay a fair share for the use of BUSD
facilities especially by the community.
Staff was directed
to request the BUSD to compile a prioritized list of needs; explore
synergies; consider fundraising possibilities; and commit to conservation
efforts. Staff was also directed to provide a report to ensure the City
was paying for its fair portion of the use of BUSD facilities.
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|
1503
1504
BWP Monthly
Operating
Report |
Mr. Davis, General
Manager, Burbank Water and Power (BWP), presented BWP�s Monthly Water and
Electric Operating Report and stated water quality met or exceeded the
Federal water drinking standards and the goals set by the Council; locally
produced water exceeded 50 percent of the water consumed in the City; and
the Water Fund was in good status though water sales were slightly below
expectation but were offset by cost savings. He also noted the continued
restoration work on Reservoir 2.
With regard to
electric operations, he reported there were no outages; service
restoration did not meet the desired standards; and the Electric Fund was
in good status though electric sales were still below forecast with
wholesale revenues compensating for the loss. In anticipation for high
temperatures, he stated the Olive 3 and 4, and Magnolia 5 units were
available for generating power; the Olive 1 and
Lake
1 units had been retrofitted and were in service; and Olive 2 was still
undergoing retrofitting for return to service at the end of July 2003. He
informed the Council BWP started joint training classes with the City of
Glendale
regarding the new power plant and that BWP together with the City
Attorney�s office are working with the Air Quality Management District on
trying to keep Magnolia 5 and the Olive 3 and 4 units available as
emergency generators pending retrofitting. He added the installation of
the new customer service information system was underway, on schedule and
within budget.
The Council noted and filed the report.
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201-1
Oral
Communications |
Mr. Barlow, City
Attorney, reported the Council requested to agendize the Oral
Communications matter to consider changes to the format. He stated the
Ralph M. Brown Act provided that the public had a right to address the
Council on any matter on the agenda of the Council before action was
taken, and to also address the Council on any subject within the subject
matter jurisdiction of the Council. He explained the oral communications
format established by the Council in June 2001, and presented several
options should the Council consider changing the format.
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Motion
Failed |
It was moved by Mr. Golonski, seconded by Mrs. Ramos and failed with Mr.
Campbell, Mr. Vander Borght and Ms. Murphy voting no that �the one minute
period of Oral Communications be dropped and expand the four minute period
to five minutes, and open it up to any subject within the subject matter
jurisdiction of the Council.�
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Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Campbell and carried
with Mr. Golonski and Mrs. Ramos voting no, that �the one minute period of
Oral Communications be changed to two minutes and the last three minute
period be changed to two minutes and staff directed to rename the periods
to identify the purpose.�
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|
1600
Public Education
Programs on
Traffic |
Ms. Wolfe,
Administrative Analyst, City Manager�s office, presented Mayor Murphy�s
request to discuss public education programs regarding traffic. She noted
the Police Department provided the Council with a report on the current
programs and requested the Council discuss the matter and direct staff as
desired.
Ms. Murphy noted the
need for public education on the effects of traffic violations especially
around schools and residential neighborhoods, and stated her preference
for the City to carry out a more concerted effort on public education,
including increased signage, and requested staff provide a report on
available options with regard to crosswalks including the installation of
lighted crosswalks.
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1702
ZTA 2001-11
Second Dwelling
Units |
Mr. Bashmakian,
Deputy Community Development Director, presented a report requesting the
Council adopt Zone Text Amendment No. 2001-11 as an urgency measure. He
stated on May 13, 2003, the Council adopted Ordinance No. 3622 which
eliminated the previous requirement for a Conditional Use Permit (CUP) for
a second dwelling unit and directed staff to develop procedures for
ministerial review and approval of second dwelling unit permits, including
provisions for public notification and appeals.
He added the
proposed ordinance provides procedures for applying for and processing
second dwelling unit permits, and provides that henceforth approvals of
second dwelling units will be made by the Community Development Director.
He also stated the ordinance provided for public notice of the Director�s
decision to approve or disapprove a second unit application to the
property owner and residents within 300 feet (ft) of the proposed unit,
and procedures and rules for appeals of the Director�s decision to the
Planning Board and Council.
He explained
Ordinance No. 3622 would become effective on June 28, 2003 and noted if
the subject ordinance was adopted using ordinary procedures for
introducing, adopting and publishing Council Ordinances, it would not go
into effect until August 6, 2003 leaving a period from June 28 to August
6, 2003, in which a CUP would not be required for a second dwelling unit,
and during which time there would be no other officially-adopted
procedures for accepting, processing, noticing and appealing such
applications. To avoid unnecessary confusion, delays and expenditure of
staff time and resources, he stated staff was recommending adopting the
ordinance as an urgency ordinance so that it would become effective
immediately upon adoption.
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Ordinance
Submitted and
Reso. Adopted |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �Ordinance
No. 3626 be introduced and adopted as an urgency ordinance and that the
following resolution be adopted.�
|
|
1702
App. Procedures
And Appeal
Procedure for
Second Dwelling
Units |
ORDINANCE NO. 3626:
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING SECTION
31-625.11 OF THE BURBANK MUNICIPAL CODE PERTAINING TO THE APPLICATION
PROCEDURE AND A NOTICE AND APPEAL PROCEDURE FOR SECOND DWELLING UNITS.
|
|
1702
Amend Fee
Reso. Relating to
Second Dwelling
Units |
RESOLUTION NO. 26,518:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III OF
RESOLUTION NO. 26,506, THE BURBANK FEE RESOLUTION, RELATING TO SECOND
DWELLING UNITS PERMITS.
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|
Adopted |
The ordinance and 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.
|
|
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
Eden Rosen,
commenting on the need to regulate the demeanor and decorum on the part of
Board or Commission Members, and inquiring why Burbank does not have a
care advocate for dementia; and Ann Bogue, inquiring as to the need for
the urgency ordinance on second dwelling units, and expressing
disagreement with the State mandate.
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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 10:11 p.m. to Tuesday, July 15, 2003 p.m. for a Traffic
Study Session.
__ s/Margarita Campos
Margarita Campos, City
Clerk
|
