|
Present- - - - |
Council Members Campbell, Golonski, Ramos, Vander Borght and Murphy. |
|
Absent - - - - |
Council Members None |
|
Also Present - |
Mr. Flad, Assistant City Manager; Ms. Scott, Chief Assistant 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
Mike Nolan, on real
property negotiations pertaining to 1000 South Flower Street.
|
|
5:06 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 Labor Negotiator:
Pursuant to Govt. Code �54957.6
Name of the Agency
Negotiator: Management Services
Director/Judie Sarquiz.
Name of Organization Representing Employee:
Represented: Burbank Management Association.
Summary of Labor Issues to be Negotiated: Contract
for
Fiscal Year 2003-04.
|
|
|
b. Conference with Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case: Theresa Karam v. City of Burbank.
Case No.: U.S.C.A. 02-56220
Brief description and
nature of case: Alleged civil rights
violation.
|
|
|
c. Conference with Real Property Negotiator:
Pursuant to Govt. Code �54956.8
Agency Negotiator: Community Development Director/
Susan Georgino.
Property:
1000 South Flower.
Parties with Whom City is Negotiating: Jane and Anna
Jennings and Dennis B. Ellman.
Name of Contact Person:
Ruth Davidson-Guerra, Assistant
Community Development Director for Housing and
Redevelopment.
Terms Under Negotiation:
Purchase of Property.
|
|
|
d. Conference with Real Property Negotiator:
Pursuant to Govt. Code �54956.8
Agency Negotiator: Community Development Director/
Susan Georgino.
Property:
415 Front Street (APN 2449-036-904), Remnant
High
Rail Parcel (APN 2449-037-902), Vacated Portion of
Front Street.
Parties with Whom City is Negotiating: Bert Boeckmann
and the Ford Motor Company.
Name of Contact Person:
Jack Lynch, Senior
Redevelopment Project Manager.
Terms Under Negotiation:
Sale of Property.
|
|
|
e. Conference with Legal Counsel � Anticipated Litigation
(City
as potential plaintiff):
Pursuant to Govt. Code �54956.9(c)
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 6:31 p.m. by Mrs. Ramos, Vice Mayor.
|
|
Invocation
|
The invocation was given by Captain Moy Hernandez, Salvation Army.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Mr. Herrmann, Assistant
Community Development Director/Transportation.
|
|
Present- - - - |
Council Members Campbell, Golonski, Ramos, and Vander Borght. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Mr. Flad, Assistant City Manager; Ms. Scott, Chief Assistant City
Attorney; and, Mrs. Campos, City Clerk.
|
|
301-1
Family Service
Agency�s 50th
Anniversary |
Vice Mayor Ramos presented a proclamation in honor of the
50th Anniversary of the Family Service Agency to Kermit Floyd,
Board President.
|
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council and the
Redevelopment Agency during the Closed Session meetings.
|
|
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
Grace Summers, on
renaming the Airport; Gary Garrison, commenting on the Metropolitan
Transportation Authority strike; Tom Bruehl, urging residents to write
letters to the State Office of Library Construction in support of
Burbank�s grant application; R. C. �Chappy� Czapiewski, commenting on the
Measure A litigation and the Theresa Karam v. Burbank litigation; Howard
Rothenbach, inquiring whether the Burbank Transportation Service would
consider taking its clients outside of Burbank during the supermarket
employees� strike, and requesting a copy of the City�s answer in the
appeal of the Measure A litigation; Dr. Theresa Karam, commenting on the
Theresa Karam v. Burbank litigation; Esther Espinoza, commenting on
institutional racism; David Piroli, noting all Burbank�s supermarkets are
affected by the current strike, and inquiring whether staff has considered
providing transportation for seniors to supermarkets outside the City
limits; and C.L. Stack, commenting on the naming of the Airport in memory
of Bob Hope.
|
|
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
Dr. Theresa Karam, on
issues relevant to the Theresa Karam v. Burbank litigation; Esther
Espinoza, commenting on Bid Schedule No. 1124, on the City�s purchase of
property, and on the Burbank Employee�s Retiree Medical Trust; R. C.
�Chappy� Czapiewski, commenting on issues relevant to the Theresa Karam v.
Burbank litigation; and Mike Nolan, in opposition to a Professional
Services Agreement for architectural design of the Development and
Community Services Building in light of the budgetary challenges facing
the City, commenting on real property negotiations with Bert Boeckmann and
the Ford Motor Company, and on delivery trucks idling in late night hours
in residentially-adjacent commercial zones.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Campbell that "the
following items on the consent calendar be approved as recommended.�
|
|
Minutes
Approved |
The minutes for the regular meetings of September 23 and September 30,
2003 were approved as submitted.
|
|
1207
PSA w/Leo A.
Daly for DCSB |
RESOLUTION NO. 26,568:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND LEO A.
DALY ARCHITECTS.
|
|
1301-3
Vehicle and Ped.
Detection
Systems (B.S.
1124) |
RESOLUTION NO. 26,569:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING
CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST
RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A
CONTRACT FOR THE INSTALLATION OF VEHICLE AND PEDESTRIAN DETECTION SYSTEMS
AT VARIOUS INTERSECTIONS PROJECT, BID SCHEDULE NO. 1124.
|
|
1005
Burbank Employees� Retiree Medical
Trust (Executive
Compensation Plan) |
RESOLUTION NO. 26,570:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION
NO.21,732 RELATING TO THE EXECUTIVE COMPENSATION PLAN TO PROVIDE FOR
PARTICIPATION IN THE BURBANK EMPLOYEES� RETIREE MEDICAL TRUST.
|
|
1005
Burbank Employees� Retiree Medical
Trust (Mid-
Management) |
RESOLUTION NO. 26,571:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO.
22,795 RELATING TO THE COMPENSATION PLAN AND TO SALARIES FOR UNREPRESENTED
MID-MANAGEMENT EMPLOYEES TO PROVIDE FOR PARTICIPATION IN THE BURBANK
EMPLOYEES� RETIREE MEDICAL TRUST.
|
|
1005
Burbank
Employees�
Retiree Medical
Trust (Side
Letter/IBEW) |
RESOLUTION NO. 26,572:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SIDE
LETTER (RELATING TO THE BURBANK EMPLOYEES RETIREE MEDICAL TRUST) TO THE
2001-204 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURBANK AND LOCAL
18 � UNIT 50 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW).
|
|
1005
Amend Budget
for Burbank
Employees Retiree Medical
Trust |
RESOLUTION NO. 26,573:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL
YEAR 2003-2004 BUDGET BY APPROPRIATING FUNDS IN THE AMOUNT OF $2,400,000
FROM BENEFITS FUND FOR THE FUNDING OF THE BURBANK EMPLOYEES RETIREE
MEDICAL TRUST.
|
|
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.
|
|
1600
Hours of
Operation, Loading and
Unloading of
Idling Vehicles |
Ms. Scott, Chief
Assistant City Attorney, reported that at the August 12, 2003 Council
meeting, staff was directed to review regulations related to loading and
unloading of trucks during the early morning/late night hours in
residentially-adjacent commercial and industrial zone properties. She
stated that the City�s Zoning Code already regulates late night operations
in residentially-adjacent commercial and industrial zones, and
specifically prohibits loading and unloading of vehicles while the engine
or motor is running and the operation of noise generating equipment,
including refrigeration units, between the hours of midnight and 6:00 a.m.
She added that the Late Night Operations provisions are enforced by the
License and Code Services Division on a complaint-made basis, and stated
that very few complaints have been received over the past three years. She
informed the Council that all complaints have been resolved either through
existing Code provisions, or enforcement of the businesses� Conditional
Use Permit or Planned Development. She concluded with the recommendation
that staff monitor the matter over a six-month period to determine whether
there exist violations of these provisions, and whether existing Code
provisions adequately allow for enforcement.
With the aid of a PowerPoint presentation, Mr. Campbell
discussed the severity of exposure to diesel fumes and their potential for
causing cancer, birth and other health defects. He requested that staff
explore ways of addressing the idling issue in order to reduce exposure to
residents particularly in the residentially-adjacent commercial zones, and
also suggested that staff contact the California Air Resources Board and
the South Coast Air Quality Management District to explore further options
for the potential regulation. He stated that this would enable the City to
have a tool box including policies, legal and political options to improve
air quality in
Burbank.
Mr. Vander Borght indicated support for considering
broader air quality measures, provided the City is not put at an economic
disadvantage, and that the measures can be implemented in compliance with
State laws and regulations.
Mr. Golonski requested that staff address the issue of
idling trucks in commercially-adjacent neighborhoods, and suggested that
the Council agendize discussion on the broader air quality options to
identify the source of the problem so that staff�s efforts are as
effective as possible. He also noted that freeway and Airport-related
traffic were among the major sources of pollution in
Burbank
and not necessarily engine idling.
|
|
Motion |
Following Council deliberation, it was moved by Mr.
Vander Borght and seconded by Mr. Golonski that �staff prepare a report on
how to address the issue of an idling truck or noise generating vehicle in
a residentially-adjacent commercial zone, including recommendations on how
to address issues specifically related to noise, pollution, light glare
etc., within the current Code parameters.�
|
|
Carried |
The motion carried by the following vote:
Ayes: Council Members Campbell, Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
Motion |
It was also moved by Mr. Golonski and seconded by Mr.
Vander Borght that �staff present a report in a one-step two-step process
to review the broader issues relating to air quality, including a tool box
of potential solutions for the City as a municipality, in conjunction with
the California Air Resources Board, the South Coast Air Quality Management
District, and other State agencies.�
|
|
Carried |
The motion carried by the following vote:
Ayes: Council Members Campbell, Golonski, Ramos, and Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
Final Open
Public Comment
Period of Oral
Communications |
Vice Mayor Ramos called for speakers for the final open public comment
period of oral communications at this time.
|
|
Citizen
Comment
|
Appearing to comment was
Mike Nolan, on
Code provisions with regard to engine idling in mixed-use commercial
zones.
|
|
Staff
Response
|
Members of the Council and staff responded to questions raised.
|
|
|
Mr. Golonski requested to agendize the matter of reviewing Code
enforcement provisions for residential properties within
commercially-zoned mixed-use developments.
|
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 8:45 p.m. to Tuesday, October 21, 2003 at 5:00 p.m. in
the Council Chamber, 275 East Olive Avenue for a Reclaimed Water Master
Plan Study Session.
____________________________
Margarita Campos, City Clerk
|
