|
Present- - - - |
Council Members Campbell, Golonski, Ramos, and Vander Borght. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Mr. Newsham, Interim Assistant City Manager; Mr. Barlow, City Attorney;
and, Mrs. Campos, City Clerk.
|
|
Oral
Communications |
There was no response to the Vice Mayor�s invitation for oral
communications on Closed Session matters at this time.
|
|
5:04 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: Jose Guevara v. City of Burbank.
Case No.: EC033729
Brief description and nature of case:
Individual fell
into sidewalk vault.
2. Name of Case: Sara Kirst, et a. v. City of Burbank.
Case No.: BC023061
Brief description and nature of case:
Alleged
employment discrimination.
|
|
|
b. Conference with Legal Counsel � Anticipated Litigation (City
as potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 1
|
|
|
c. Public Employee Performance Evaluation:
Pursuant to Govt. Code �54957 and 54957.6
Title of Employee�s Position: City Attorney.
|
|
|
d. Public Employee Performance Evaluation:
Pursuant to Govt. Code �54957 and 54957.6
Title of Employee�s Position: City Manager.
|
|
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 Mrs. Ramos, Vice Mayor.
|
|
Invocation
|
The invocation was given by Chaplain Jon Arnold, Providence Saint Joseph
Medical Center.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Police Captain Skvarna.
|
|
Present- - - - |
Council Members Campbell, Golonski, Ramos, and Vander Borght. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Mr. Newsham, Interim Assistant City Manager; Mr. Barlow, City Attorney;
and, Mrs. Campos, City Clerk.
|
|
301-1
Sister City
Committee
Report |
Darryl Forbes, President of the Sister City Committee,
stated this year marked the 20th anniversary of the Student
Exchange Program, and noted the students who traveled to
Ota, Japan in July 2003
were the 10th group of exchange students to participate from
Burbank. He introduced the trip�s chaperones, Debbie Graves and Nina
Cannistraci, who expressed appreciation for the opportunity to attend the
trip and gave brief descriptions of the events which transpired during the
trip; and two participant students, Monique Maravilla and Kelly Reinig,
who also gave brief remarks about the trip and expressed appreciation to
the Council for their support.
|
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council and the
Redevelopment Agency during the Closed Session meetings.
|
|
406
Airport Authority
Committee
Meeting |
Airport Commissioner Charlie Lombardo reported on the
Airport Authority meeting of
August 18, 2003. He
stated four items were considered and approved unanimously, including: a
lease with the Federal Aviation Administration (FAA) for a Stand Alone
Weather Sensor; Resolution 385 authorizing acceptance of the FAA grant
offer related to runway safety area land acquisition in the amount of
$2,705,266; a terminal space lease amendment with the Transportation
Security Administration (TSA), noting the proposed amendment would allow
staff to invoice the TSA for the initial period of August 2002 to December
2002 in the amount of $62,761, and for the period of December 2002 to
April 2003, in the amount of $3,316, for a trailer used as a break area;
and, award of a non-exclusive license agreement to Los Angeles SMSA LP,
dba Verizon Wireless by Airtouch Cellular, to install an antenna that will
enable passengers to use their laptops while waiting for flights. He also
informed the Council that during closed session, staff was authorized to
enter into negotiations with Southwest Realty Partners and Mason and Mason
to appraise the B-6 property, and that an ad hoc committee consisting of
Mr. Brown (Burbank), Mr. Povilaitis (Glendale) and Ms. Streator (Pasadena)
was appointed to investigate the issues pertaining to the potential
renaming of the Airport. Commissioner Lombardo commented on a letter
received from American Airlines in response to the request that the early
Sunday morning flight be rescheduled to comply with the voluntary curfew,
and stated another letter was sent to United Airlines requesting
reconsideration for scheduling their early morning flight as close to 7:00
a.m. as possible. He also noted the slight increase in traffic at the
Airport due primarily to passengers preferring to use the
Burbank-Glendale-Pasadena Airport rather than driving to Los Angeles
International Airport (LAX), and inexpensive parking rates.
|
|
7:06 P.M.
Hearing
410
404
Congestion
Management
Program |
Vice Mayor Ramos stated that �this is the time and place for the hearing
on the City�s conformance with the Metropolitan Transportation Authority�s
Congestion Management Program and the adoption of the 2003 Local
Implementation Report.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that no written communications
had been received.
|
|
Staff
Report |
Mr. Kriske, Assistant Transportation Planner, Community
Development Department, requested Council approval of a resolution
certifying that the City is in compliance with the Los Angeles County
Metropolitan Transportation Authority�s (MTA) Congestion Management
Program (CMP), and adopting a Local Implementation Report (LIR) for the
2002-03 reporting period as required by the CMP. He noted each year, the
Los Angeles CMP requires the City to submit to the MTA a report of new
development and transportation improvements executed during the year to
ensure that regional transportation impacts from local development are
being mitigated by improvements to the transportation system. He explained
the LIR tracks the relationship between development and transportation
improvements by assigning debit points to development and credit points to
transportation improvements. To maintain eligibility for Proposition 111
Gas Tax funds, Mr. Kriske stated the City must demonstrate a positive
balance of credits to debits, and the total balance is carried over from
year to year enabling surplus credits earned in prior years to make up for
any subsequent shortfalls. He informed the Council the City accrued a net
point surplus of 414 for the 2003 reporting period, and explained the
improvements that contributed to the surplus, including: the recently
concluded left-turn signal phasing projects; State Route 134 Hollywood Way
on- and off-ramps relocation; the Burbank Cottages Child Care facility
currently under construction; and small ridership increase in the City�s
shuttle services. He added the surplus credits would be added to the
City�s overall credit surplus of 102,514 points from prior years for a
total credit balance of 102,928. He concluded this credit balance, if
approved by the MTA, ensures the City remains eligible for Proposition 111
State Gas Tax revenues as well as other transportation funding sources
that require CMP compliance.
|
|
Hearing
Closed |
There being no response to the Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
|
Mr. Campbell inquired as to why the credits and debits
process began with no debit balance and Mr. Kriske responded tracking of
development was not started until 1995, and added he would research the
process and report to the Council.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Golonski that "the
following resolution be passed and adopted:�
|
|
410
404
Congestion
Management
Program
|
RESOLUTION NO. 26,539:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK FINDING THE CITY TO BE
IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE
LOCAL IMPLEMENTATION REPORT.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members Campbell,
Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
7:13 P.M.
Jt. Hearing with
Parking Authority
1202-5
Downtown Public Facility
Maint. Assess.
District No. 1 |
Vice Mayor Ramos stated that �this is the time and place for the hearing
to confirm the Engineer�s Report and the levy of the annual assessment for
the public facility located at 133 East Orange Grove. The property owners
that would be assessed are AMC, Islands Restaurant, Panda Inn, Richard
Henson and the Parking Authority. This is a joint hearing of the City
Council and the Parking Authority. The City Council is the body that
decides whether or not to impose the assessment. The Parking Authority is
one of the parcel owners, and as such, has the right to vote on the
assessment under Proposition 218.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that three ballots were
received, one including a piece of correspondence from Islands Restaurant.
|
|
Staff
Report |
Ms. Teel, Administrative Analyst, Public Works
Department, reported the Downtown Public Facility Maintenance Assessment
District No. 1 (District) was established in 1993 to pay for improvements
to, and maintenance of, the five-level 505-space City-owned parking
structure (commonly referred to as the AMC parking structure) located at
133 East Orange Grove Avenue. She stated pursuant to the 1972 Landscape
and Lighting Act, each fiscal year that maintenance district assessments
are levied, an Engineer�s Report containing the following information must
be prepared: 1) improvements, maintenance and services assessed; 2)
district boundaries; 3) annual cost estimate; 4) method of apportioning
costs in proportion to the estimated benefit received; 5) assessment
amount for each parcel; and, 6) method of levying the assessment. She
stated on June
17, 2003, the Council adopted Resolution No. 26,513 approving the
Engineer�s Report and declaring the intention to levy and collect
assessments for the City of Burbank Downtown Public Facility Maintenance
Assessment District No. 1 for Fiscal Year (FY) 2003-04. Subsequently,
ballots and 45-day notices for the public hearing were sent certified mail
to each parcel owner, who had until the close of the public hearing to
submit their ballots or give public testimony prior to tabulating ballots.
She concluded the existing flat rate assessment in effect since 1999 was
sufficient to meet FY 2003-04 estimated costs.
|
|
Hearing
Closed |
There being no response to the Vice Mayor�s invitation for oral comment,
the hearing was declared closed.
|
|
|
Mr. Vander Borght inquired as to the effect of the new
AMC parking structure and Ms. Teel responded any new structure to be
incorporated would require a change in the district boundaries. Mr. Feng,
Public Works Director, clarified the new parking structure would be
separate from this agreement. Mrs. Georgino, Community Development
Director, explained the parking structure would be owned by the City and
would become part of the assessment district once it was completed. She
further explained the funding methodology.
Mr. Vander Borght also inquired as to any agreements that
would preclude the Parking Authority from charging for parking in the
downtown area. Mrs. Georgino responded the agreement did not preclude the
City from charging for parking, and noted the advantages to charging a
minimal amount for parking, such as for security purposes, and added AMC
was already paying a yearly fee in the amount of $150,000 for maintenance
of the parking structure.
Mr. Campbell clarified the Council would review all
options, not the single option to charge for parking in the downtown.
Mrs. Ramos inquired whether the Council had any
comments on the letter submitted by Islands Restaurant and Mr. Golonski
noted the concerns would be addressed by the Public Works Department as
they pertained to signage and maintenance, and requested staff to report
to the Council upon resolution of the issues.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Vander Borght that "the
following resolution be passed and adopted:�
|
|
Parking Authority Reso.
Adopted
|
Parking Resolution No. P-60 Approving its Portion of the Proposed
Assessment for the City of Burbank Downtown Public Facility Maintenance
Assessment District No. 1 for Fiscal Year 2003-2003 was adopted.
|
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members Campbell,
Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
Declaring the Results |
Mrs. Campos, City
Clerk, declared the ballot results and stated there were two ballots in
favor of the assessment and one blank ballot.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that "the
following resolution be passed and adopted:�
|
|
1202-5
Downtown Public Facility
Maint. Assess.
District No. 1 |
RESOLUTION NO. 26,540:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CONFIRMING THE
ENGINEER�S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, ORDERING
IMPROVEMENTS AND LEVYING THE 2003-2004 FISCAL YEAR ASSESSMENT FOR THE CITY
OF BURBANK DOWNTOWN PUBLIC FACILITY MAINTENANCE ASSESSMENT DISTRICT NO. 1.
|
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members Campbell,
Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
7:27 P.M.
Jt. Hearing with
Redev. Agency
And Burbank
Public Financing
Authority
804-4
Revenue Bonds
2003 Series C
(City Centre) and
Series D (Golden
State)
|
Vice Mayor Ramos stated that �this is the time and place for the joint
public hearing of the Burbank Public Financing Authority, the
Redevelopment Agency and the Council of the City of Burbank regarding:
(1) the issuance of up to $24 million in Burbank Public Financing
Authority Revenue Bonds 2003 Series C (City Centre Project Area), to
purchase in-lieu of redemption City Center $21,285 million of the 1993
Series A Bonds and (2) the issuance of up to $11 million in Burbank Public
Financing Authority Revenue Bonds 2003 Series D (Golden State
Redevelopment Project Area), to purchase in-lieu of redemption Golden
State Redevelopment $8.53 million of the 1993 Series A Tax Allocation
Bonds.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that no written communications
had been received.
|
|
Staff
Report |
Mr. Hanway, Financial
Services Director, stated the Tax Allocation Bonds for the Golden State
Project Area were most recently issued in 2003 in the amount of $87.265
million, in-part to purchase in lieu of redemption $50.24 million of the
1993 Tax Allocation Bonds. He added for tax reasons, $8.53 million remains
outstanding and is eligible to be refunded no earlier than September 1,
2003.
Mr. Hanway explained
that due to prevailing financial market conditions, it was in the best
interests of the Agency to realize interest rate savings by refinancing a
portion of the Golden State Bonds, and to refinance all of the City Centre
Bonds. In connection therewith, he stated the proposal that the Authority
purchase the applicable bonds in lieu of redemption and added in order for
the Authority to raise funds necessary to provide for such purchase,
refinancing and financing, the Authority would have to authorize the
issuance of its revenue bonds. He added the proceeds of the Authority
bonds would be used to purchase the outstanding City Centre Agency Bonds
in lieu of redemption, and a portion of the Golden State Agency Bonds in
lieu of redemption.
Regarding the City Centre bond structure,
Mr. Hanway stated current market conditions have been deteriorating;
however, staff believed it was prudent to authorize the refinancing in the
event the municipal bond market will yield a minimum net present value
savings related to the refinancing of 3 percent. He further stated
current market conditions generate a 3.1percent net present value savings
which represents net present value savings of $678,000 and equates to an
average annual debt service savings of $51,700. He added the first payment
date would be December 1, 2003 with final maturity scheduled for December
1, 2023. He informed the Council Standard and Poor�s and Moody�s Investor
Services had been requested to provide a bond rating and bond insurance
was expected to be obtained from AMBAC Insurance or XL Capital.
With regard to the Golden State Bond
Structure, Mr. Hanway reported current market conditions generate a 3.7
percent net present value savings which represents net present value
savings of $315,000 and equates to an average annual debt service savings
of $92,700. He added the first payment date would be December 1, 2003
with final maturity scheduled for December 1, 2008 and that Standard and
Poor�s and Moody�s Investor Services had been requested to provide a bond
rating, with bond insurance expected to be obtained from AMBAC Insurance.
He concluded current market conditions would dictate the time in which the
bonds would be priced as well as the ultimate savings related to the
bonds. He added that should the market conditions not generate a minimum
of 3 percent net present value savings, the bonds would not be issued.
Mr. Campbell inquired if the market
condition at any point ever reflected the three percent the City was
trying to achieve and Mr. Hanway responded in the affirmative.
|
|
Hearing
Closed |
There being no response to the Vice Mayor�s invitation for oral comment,
the hearing was declared closed.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Campbell that "the
following resolutions be passed and adopted:�
|
|
Burbank Public
Financing Auth.
Reso. Adopted |
Burbank Public Financing Authority Resolution No. F-9 Authorizing Issuance
of Revenue Bonds, Approving, and Authorizing and Directing Execution of
Certain Financing Documents and Authorizing and Directing Execution of
Certain Financing Documents and Authorizing and Directing Actions with
Respect Thereto (City Centre Project Area) was adopted.
|
|
Redev. Agency
Reso. Adopted |
Redevelopment Agency Resolution No. R-2080 Approving, and Authorizing and
Directing Execution of Certain Bond Financing Documents Related to the
Refinancing of Redevelopment Activities within its City Centre
Redevelopment Project Area and Authorizing and Directing Actions with
Respect Thereto (City Centre Project Area).
|
|
804-4
Issuance of
Bonds for City
Centre Project
Area |
RESOLUTION NO. 26,541:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MAKING FINDINGS WITH
RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE BURBANK PUBLIC
FINANCING AUTHORITY (CITY CENTRE PROJECT AREA).
|
|
Burbank Public
Financing Auth.
Reso. Adopted |
Burbank Public Financing Authority Resolution No. F-10 Authorizing
Issuance of Revenue Bonds, Approving, and Authorizing and Directing
Execution of Certain Financing Documents and Authorizing and Directing
Actions with Respect Thereto (Golden State Project Area).
|
|
Redev. Agency
Reso. Adopted |
Redevelopment Agency Resolution No. R-2081 Approving and Authorizing and
Directing Execution of Certain Bond Financing Documents Related to the
Refinancing of Redevelopment Activities within the Agency�s Golden State
Redevelopment Project Area and Authorizing and Directing Actions with
Respect Thereto (Golden State Project Area).
|
|
804-4
Issuance of
Bonds for
Golden State
Project
Area |
RESOLUTION NO. 26,542:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MAKING FINDINGS WITH
RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE BURBANK PUBLIC
FINANCING AUTHORITY, APPROVING THE ISSUANCE OF BONDS BY THE BURBANK PUBLIC
FINANCING AUTHORITY (GOLDEN STATE PROJECT AREA).
|
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members Campbell,
Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
Initial Open
Public Comment
Period of Oral
Communications |
Mrs. Ramos called for speakers for the initial open public comment period
of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Gary Garrison,
inquiring as to the quality of Burbank water; Esther Espinoza, expressing
displeasure with the Mayor on the Street Program; Bob Etter, noting a
quorum of Council Members attended the neighborhood meeting pertaining to
the reuse of the former Buena Vista Library, and stating the same quorum
voted on the Council�s decision, which he disagreed with; Howard
Rothenbach, on the power outage on the east coast, asking whether Burbank
could generate enough power independently should such an event occur on
the west coast; David Piroli, in opposition to the potential �nominal�
charge for parking at the AMC structure, stating he does not believe
instituting a charge would preclude anyone from stealing a car from a lot;
and Mark Barton, commenting on losing credibility at oral communications.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Agenda Item
Oral Communications |
Mrs. Ramos called for speakers for the agenda item oral communications at
this time.
|
|
Citizen
Comment |
Appearing to comment were
Mark Barton, on the
signage at the AMC parking structure; Esther Espinoza, on the Library
Managed Services, Hardware and Hardware Services Contract, in opposition
to the VEBA Plan, and commenting on the filing of an alcohol license
comment letter pertaining to 237 East Olive Avenue; and Bob Etter,
commenting on Mr. Campbell�s vote with regard to the Congestion Management
Program.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
8:13 P.M.
Recess |
The Council recessed to permit the Redevelopment Agency, Housing
Authority, Parking Authority, Youth Endowment Services Fund Board and
Burbank Public Financing Authority to hold their meetings. The Council
reconvened at 8:29 p.m. with the same members present.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Mr. Vander Borght that "the
following items on the consent calendar be approved as recommended.�
|
|
Minutes
Approved |
The minutes for the regular meeting of July 15, the adjourned meeting of
July 16, the regular meeting of July 22, the adjourned meeting of July 23
and the regular meetings of July 29 and August 5, 2003 were approved as
submitted.
|
|
1411-1
Summary Vacation Warner
Blvd. (V-358) |
RESOLUTION NO. 26,543:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY
VACATION OF A PORTION OF EXCESS RIGHT-OF-WAY AT WARNER BOULEVARD, BURBANK,
CALIFORNIA (V-358).
|
|
401
410
Application for
TDA Bicycle and
Pedestrian
Facility Funds |
RESOLUTION NO. 26,544:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE
COMMUNITY DEVELOPMENT DEPARTMENT TO APPLY TO DRAW DOWN TRANSPORTATION
DEVELOPMENT ACT (TDA) BICYCLE AND PEDESTRIAN FACILITY FUNDS IN THE AMOUNT
OF $49,786 FOR FISCAL YEAR 2001-2002 AND $53,700 FOR FISCAL YEAR
2002-2003.
|
|
1004
Revised Plan for
VEBA |
RESOLUTION NO. 26,545:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AMENDED
AND RESTATED PLAN DOCUMENT FOR THE CITY OF BURBANK VOLUNTARY EMPLOYEES�
BENEFICIARY ASSOCIATION.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members Campbell, Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
804-3
801-2
902
BWP Supplemental
Grant Program |
Ms. Parker, Legislative
Analyst, Burbank Water and Power (BWP), informed the Council
Perchloroethylene (PERC) solvent used by dry cleaners has been found to
pose health risks. She stated PERC affects the air, soil, water and waste
water quality and its use and disposal are regulated by various Federal,
State and local regulatory agencies. She reported on a 1998 study by the
South Coast Air Quality Management District (SCAQMD) which concluded that
dry cleaners represented 59 percent of PERC contributions, and
subsequently prompted the passage of SCAQMD Rule 1421 mandating that no
new dry cleaners use PERC; dry cleaning facilities limit exposure to
surrounding communities; all facilities have updated machines or switch to
non-PERC equipment by 2007; and, stating PERC would be banned in 2020. She
informed the Council Burbank has 19 PERC facilities and four non-PERC
facilities, and discussed the proposal by BWP for a $10,000 Supplemental
Grant Program to expedite PERC phase-out. She explained the grant program
would provide $2000 supplemental grants to the first five dry cleaners in
Burbank to successfully be awarded a SCAQMD grant. She stated the
application deadline was January 31, 2004 and if fewer than five dry
cleaners applied, the funds would be divided evenly; and, if no
Burbank
dry cleaners applied by
December 1, 2003 the funds would go to the low emission vehicle program.
She concluded the program would be funded from the March 2003 Communities
for a Better Environment (CBE) settlement, and stated the City Attorney
found the program to be in compliance.
Mr. Golonski requested
incentives also be provided to the four non-PERC dry cleaning facilities
that are already in compliance.
He also inquired whether the early adopters could be
recognized for their effort, and suggested the City certify the businesses
as being environmentally friendly.
Mr. Davis responded the four dry cleaners that were early
adopters may not have applied for the SCAQMD energy efficiency grants but
staff would apprise them of the opportunity.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
|
804-3
801-2
902
BWP Supplemental
Grant Program |
RESOLUTION NO. 26,546:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A BWP
SUPPLEMENTAL GRANT PROGRAM TO EXPEND $10,000 BY JANUARY 31, 2004 TO
IMPROVE THE AIR QUALITY WITHIN THE CITY OF BURBANK AND SPEED REDUCTIONS IN
THE USE OF PERCHLOROETHYLENE BY DRY CLEANERS WITHIN BURBANK (AND AMENDING
THE FY 2003-04 BUDGET).
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members Campbell, Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
601-1
Alcohol License
Comment Letter
For 237 E. Olive |
Mrs. Forbes, Principal Planner, Community Development
Department, requested Council authorization for staff to file comment
letters on behalf of the City to the California Department of Alcoholic
Beverage Control (ABC) before issuance of any liquor license at 237 or
245 East Olive
Avenue. She recalled in 1994, the Council approved a Conditional Use
Permit (CUP) to operate a nightclub at 237 East Olive Avenue. She noted as
this was the first CUP for a nightclub under the new alcohol ordinance at
the time, the conditions imposed were the City�s best attempt to prevent
potential problems from such an establishment. She informed the Council in
the seven years the location operated as a nightclub, under several
operators and business names, the Police Department had numerous problems
with the exception of the time period when the site was operated as a
banquet facility. She stated during the summer of 2002, need for police
services dramatically increased at the site and in the fall of 2002, the
Police Department began conferring with Planning Division and City
Attorney staff on the possibility of revoking the CUP. She added the
Police Department, in an effort to gain more input on the business�
operations and to restore order to this area of the City, began a focused
enforcement effort in conjunction with investigators from ABC from
November 15 to December 15, 2002. She stated during the one month period,
the business was open for only six nights, but resulted in six felony
arrests, over 20 misdemeanor arrests, over 200 misdemeanor citations and
100 hazardous driving citations, all by Sensation Village patrons and
employees.
Mrs. Forbes stated staff was of the opinion this evidence
was sufficient to support revoking the CUP, however, ABC considered the
evidence strong enough to support denial of a permanent liquor license,
and subsequently denied issuing a permanent liquor license following the
business� temporary liquor license expiration on December 26, 2003. She
noted based on the fact that the business is not in operation, it was
nearly impossible to revoke the CUP since the findings to revoke a CUP
mostly relate to the business operating as a nuisance or contrary to the
conditions of the CUP. She explained the ideal option available to the
City would be to modify the CUP to include conditions necessary to
establish the nightclub, especially given this location. However, in
order to modify a CUP, she stated the City needed the consent of the
operator and property owner and noted staff offered this option to the
potential operator prior to filing for a business license, but the
operator chose to apply for a license under the existing CUP. She informed
the Council the only option available to the City was to request ABC to
put conditions on the establishment�s liquor license. She stated, under
this process, the State may accept conditions only by the governing body
or its designated officer and added staff requested the City Manager be
the designated officer.
Mrs. Forbes added staff was suggesting imposing
conditions in an effort to have the restaurant be the main focus of this
site and have the dancing and billiards be incidental to the restaurant,
thereby losing the large nightclub atmosphere. She stated some of the
conditions include requiring a dining area with fixed seating which
encompasses more floor area than the current site and requiring a full
menu of food to be prepared on site at all hours of operation, in addition
to other conditions that staff has compiled but are pending ABC staff
input. She cautioned there was no guarantee that ABC would require all
conditions of the applicant that the City requested, and added if ABC
chose to place conditions and this particular operator withdrew the
request for a license, staff also requested Council approval to send
letters in the future requesting similar conditions of other operators at
the same location. She concluded with staff�s recommendation that the
Council authorize the City Manager or her designee to send comment letters
to ABC for any pending alcohol licenses at 237 and/or
245 East Olive Avenue.
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Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
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601-1
Alcohol License
Comment Letter
For 237 E. Olive |
RESOLUTION NO. 26,547:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO FILE AN ALCOHOL LICENSE COMMENT LETTER PERTAINING
TO A PENDING APPLICATION AT 237 EAST OLIVE AVENUE AND FURTHER AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO FILE ADDITIONAL COMMENT OR PROTEST LETTERS
ON FUTURE ALCOHOL LICENSE APPLICATIONS PERTAINING TO 237 AND/OR 245 EAST
OLIVE AVENUE.
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Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members Campbell, Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
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201-2
FY 2003-04
Work Program
Public Works Department |
Mr. Feng, Public Works Director, presented the Work
Program Goals and Performance Indicators for the Public Works Department.
Mr. Campbell inquired as to the funding from the
California Department of Transportation (Caltrans) for the Burbank
Boulevard bridge widening project and Mr. Feng clarified the project
design was approved but part of the funding was being debated, and added
staff was scheduled to have a meeting with Caltrans after which a report
would be submitted to the Council.
Mr. Vander Borght requested clarification on the
upgrading schedules for buildings to meet current seismic standards. Mr.
Feng responded that some old buildings were legally allowed to exist
although they do not meet current seismic standards as long as they were
built in compliance with the old code, and noted the department�s goal was
to bring those buildings up to current code.
Mr. Golonski complimented the department for their work
which has a large impact on the quality of life in the City. He recognized
the department was currently working on replacing the refuse truck fleet
with a Compressed Natural Gas (CNG) fleet, but this goal was not listed on
the work program goals or performance indicators. Mr. Feng indicated the
item would be added to the department�s performance indicators. Mr.
Golonski expressed interest in the statistics showing what percentage of
the fleet was low emission, diesel, CNG, etc.
Mr. Campbell suggested consideration be given to using a
lower sulfur diesel to further reduce diesel particles emissions and
affirmed the need to use non-diesel trash trucks, or install filters on
current diesel trucks to limit pollution, pending conversion to CNG.
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|
Community Development Department |
Mrs. Georgino, Community Development Director, gave a brief overview and
introduced the following staff members to present the Work Program Goals
and Performance Indicators for the different divisions in the Community
Development Department: Mr. Bashmakian, Planning Division; Mr. Kriske,
Transportation Division; Ms. Pease, License and Code Services Division;
Mr. Sloan, Building Division; and, Ms. Davidson-Guerra, Redevelopment
Division.
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10:42 P.M.
Reconvene Redev. Agency,
Housing Auth.,
Parking Auth.,
YES Fund Board,
And Public
Financing
Meetings
|
The Redevelopment Agency, Housing Authority, Parking Authority, Youth
Endowment Services Fund Board, and Burbank Public Financing Authority
meetings were reconvened at this time.
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Final Open
Public Comment
Period of Oral
Communications |
Mrs. Ramos called for speakers for the final open public comment period of
oral communications at this time.
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|
Citizen
Comment |
Appearing to comment were
Eden Rosen, in
support of the elimination of PERC from the environment, in opposition to
charging for parking in the downtown, commenting on the red imported fire
ant, and on crisis intervention teams; and, Mike Nolan, noting the
contributions of Ike Robinson, John Nicoll and Ed Skvarna as city
employees, and commenting on decorum during the meeting.
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Staff
Response
|
Members of the Council and staff responded to questions raised.
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301-2
Memorial
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 10:48 p.m. in memory of William �Sonny� Schneider.
____________________________ s/Margarita Campos
Margarita Campos, City Clerk
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