|
Present- |
Council Members Campbell, Ramos, and Murphy. |
|
Absent - - - - |
Council Members Golonski and Vander Borght. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Wilson,
Deputy City Clerk.
|
|
Oral
Communications |
Mayor Murphy called for oral communications on Closed Session matters at
this time.
|
|
Citizen
Comment |
Appearing to comment was
Howard Rothenbach, inquiring as to why the City was interested in
purchasing the former Crown Bookstore property, and on the proposed lease
of the property located at
141 North Glenoaks Boulevard to the Boys and Girls Club, noting this
property was to be utilized as a parking facility for the new Central
Library project.
|
|
4:09 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)
Name of Case: Christy Leming v. City of Burbank, et al.
Case No.:
EC035180
Brief description and nature of case: Trip and fall.
|
|
|
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): 3
|
|
|
d. 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, Burbank City Employees Association and the Burbank
Firefighters Association.
Summary of Labor
Issues to be Negotiated:
Current Contracts and Retirement.
|
|
|
e.
Conference with Real Property Negotiator:
Pursuant to Govt.
Code �54956.8
Agency Negotiator:
Community Development Director/ Susan Georgino
Property:
110 North Glenoaks Boulevard (Burbank Central Library-City Property) and
141 North
Glenoaks Boulevard
(Agency Property).
Parties with Whom
City is Negotiating:
Boys and Girls Clubs of Burbank,
2244 North Buena
Vista Street,
Burbank, CA 91504
Name of Contact
Person:
Alex Fey, Executive Director.
Terms Under
Negotiation:
Possible lease of either the current Central Library site at 110 North
Glenoaks Boulevard or the Community Development Department building at 141
North Glenoaks Boulevard if either of those two sites becomes available.
|
|
|
f. Conference with Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case: Deborah McMurray, et al. v. City of Burbank.
Case No.:
BC247304
Brief description and nature of case: Alleged employment
discrimination.
|
|
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 Mr. Kramer, Community Assistance Coordinator.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Mrs. Georgino, Community
Development Director.
|
|
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. Wilson,
Deputy City Clerk.
|
|
301-1
Certificate of
Recognition |
Mayor Murphy and Ken Carroll, Executive Director of Burbank Health Care
and Rehabilitation Center, presented a Certificate of Recognition to Jose
Ramos for his courageous actions which saved the life of a
Burbank
senior resident.
|
|
301-1
Donation from
Toluca Lake
Kiwanis Club |
Robert Divia, President of the Toluca Lake Kiwanis Club, made a special
presentation to benefit Officer Pavelka�s memorial fund and Officer
Campbell�s trust fund, and commended the Police and Fire Departments for
the valuable service they provide to
Burbank
residents. Chief Hoefel expressed appreciation to the Toluca Lake Kiwanis
Club for their donation.
|
|
406
Airport Authority
Meeting Report |
Commissioner Lombardo reported on the Airport Authority meeting of
December 1, 2003.
He stated that the Authority awarded a contract for airfield security
gates; retained the services of McDermott, Will & Emery for plaintiff and
defense counsel in the Zelman A-1, LLC litigation; and, extended the
Public Safety Director�s contract. He also reported that United Airlines
rescheduled its 6:47 a.m. flight and that a letter from the Authority has
been sent urging them to comply with the voluntary curfew hours. He urged
the Council to send a similar letter to United Airlines, briefly
elaborated on the voluntary curfew violations and distributed a flight
operations schedule for the Airport.
The Council noted and filed the report.
|
|
6:49P.M.
Hearing
1704-3
Amendment to
PD 97-4 and
CUP 2001-17
(Graciela Hotel) |
Mayor Murphy stated that �this is the time and place for the hearing on
the Extension and Amendment of Conditional Use Permit No. 2001-17; on the
Amendment of Planned Development No. 97-4; and, on the Negative
Declaration related thereto for the Graciela Hotel. Belvedere Hotels and
Resorts/ Pass Avenue LLC is the owner/applicant of the Graciela Burbank
Hotel located at 322 North Pass Avenue.�
|
|
Notice
Given |
The Deputy 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
Applicant |
Mr. Forbes, Senior Planner, Community Development Department, requested
that the Council consider amendments to Planned Development (PD) No. 97-4
and Conditional Use Permit (CUP) No. 2001-17 for the Graciela Hotel,
located at the corner of
Pass Avenue
and Oak Street.
He stated that Belvedere Hotels and Resorts, LLC (Applicant) has
requested to convert two guestrooms on the ground floor of the Hotel into
a small conference room. He explained that the proposed project would
remove a wall between the two existing rooms, resulting in one conference
room with a capacity of approximately 35 people, and convert one of the
bathrooms into a small pantry.
Mr. Forbes stated that PD No. 97-4 was approved by the Council in 1998 to
allow for the development of a 119-room
Homestead
Village extended-stay hotel. He added that in 1999, then-Community
Development Director Bob Tague found that the Graciela Hotel was in
substantial conformance with the original PD approval. He explained that
because the existing Hotel is based upon the Director�s decision, the
proposed conditions of approval would also recognize the project as it
exists today. He further stated that CUP No. 2001-17 was approved by the
Council in January 2002 to allow the Hotel to sell alcoholic beverages for
a one-year trial period, and in November 2002, the Council renewed the CUP
for an additional year through January 2004. He noted that because some
of the proposed conditions of approval for the PD amendment would modify
or replace certain CUP conditions, the Council would also consider
amending the CUP, if the PD amendment is approved. He added that staff
recommended that those CUP conditions related to the operation of the
Hotel as a whole be incorporated into the PD conditions and that the CUP
be extended for another trial period through January 2005.
Mr. Forbes informed the Council that in analyzing the PD amendment, staff
retained the services of Kaku Associates to conduct a parking study to
determine whether the existing parking would be adequate to serve the
anticipated demand. He stated that based upon the results of the surveys
and counts, Kaku Associates developed a parking model and concluded that
although the on-site garage has 107 marked parking spaces, up to 140
vehicles could effectively be stacked in the garage through the use of a
valet parking service. He added that based upon the model, staff
determined that up to 64 event patrons could be accommodated using the 107
on-site parking spaces, assuming full occupancy of the Hotel and lounge
area. However, he stated that staff recommended that the valet parking
service be required at all times regardless of the number of event
patrons, consistent with the current CUP conditions to allow for more
consistent operations and enforcement. He added that the Planning Board
concurred with this recommendation as reflected in the conditions they
adopted.
Mr. Forbes also stated that with a valet parking service, up to 112 event
patrons could be accommodated on-site with stack-parking, and as such,
staff recommended that the number of attendees be capped at 112. He added
that the Planning Board held a public hearing to consider the PD amendment
on
November 10, 2003,
and amended several of staff�s proposed conditions of approval. He noted
that staff concurred with the Planning Board�s recommended changes, which
are included in the conditions as currently proposed. He also stated that
the Planning Board voted unanimously in support of the PD amendment. He
noted that because the CUP is currently under the purview of the Council
through the annual renewal requirement, the Planning Board did not
consider the CUP amendment, but was made aware of the proposed changes to
the CUP conditions, should the PD amendment be adopted.
Mr. Forbes informed the Council that the City�s policy requires project
applicants to sign Development Agreements prior to the Council public
hearing. However, he stated that the Applicant was not supportive of the
condition of approval requiring valet parking service at all times, in
preference of a condition that would require valet parking service only
when needed. Because of this desire to seek a change to that proposed
condition, he stated that the Applicant elected not to sign the
Development Agreement prior to this hearing.
He concluded with staff�s opinion that the proposed PD amendment would not
result in any parking or other impacts on the surrounding neighborhood,
and that the proposed conditions of approval would be adequate to mitigate
any potential concerns and ensure that the Hotel is not intrusive on the
surrounding neighborhood. He also added that staff believed that the
required PD design review criteria are satisfied by the proposed
amendment. With regard to the CUP, he stated that staff was not aware of
any problems or incompatibility issues that have resulted from the service
of alcoholic beverages. He added that renewing the CUP for an additional
trial period would allow the service to continue as it has been with no
changes to those conditions related to alcohol service. He also stated
that staff believed that the required CUP findings can be made for the
amendment and renewal of the permit.
Ms. Lee, representing the Graciela Hotel, requested that the Council
reconsider the condition of approval requiring valet parking service 24
hours a day, 7 days a week. She explained that the Hotel has determined
that there are very few patrons requiring the service during late-night
hours and suggested limiting the number of hours that the service would be
provided. She informed the Council that the Development Agreement would
be signed before the Ordinance was brought back to the Council for a
second reading and requested that the Council also consider waiving the
third year trial period and grant permanent approval of the CUP.
|
|
Citizen
Comment |
Appearing to comment were
David Piroli, in opposition to waiving the third year trial period and the
fold-up beds in the conference room; Ron Vanderford, in opposition to
expanding the uses at the Hotel and the fold-up beds in the conference
room; Mark Barton, noting the lack of complaints against the Hotel; and,
Mike Nolan, in opposition to expanding the uses at the Hotel and
requesting that the matter be reconsidered in January 2004 to allow for
input from the neighborhood.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Council Deliberation |
Mr. Vander Borght requested the Applicant clarify the usage of the valet
parking service, occupancy rate of the Hotel and the intended use for the
conference room. Ms. Lee suggested that valet parking not be provided
between
midnight
and
6:00
or
7:00 a.m.
She also stated that the occupancy rate was higher during the week and
low during the weekend, depending on the studios� activities. Regarding
the use of the conference room, she stated that the primary use will be to
accommodate guests� meetings but added that other service organizations
and clubs would also be allowed to utilize the facility.
Mrs. Ramos expressed concern regarding the lack of a designated area as a
loading dock, and Mr. Forbes responded that the concern had been addressed
in the proposed conditions. He acknowledged prior issues with delivery
trucks parking in red zones and blocking traffic lanes and added that the
Applicant resolved the issue with the help of the Public Works and Police
Departments. He also added that drivers were made aware of the need to
park legally and added that the condition as adopted by the Planning Board
requires that the valet parking service operators park the cars in the
driveway such that they would not impede the ability of a delivery truck
to park. Regarding permitting loading on the streets adjacent to the
Hotel, Mr. Forbes stated that as long as the trucks were parked legally
and were not obstructing traffic, staff considered it acceptable for the
trucks to park for a short period of time to make deliveries. Mrs. Ramos
expressed support for minimal loading from the streets.
Mr. Campbell inquired as to how the Hotel project was approved without a
designated loading dock and Mr. Forbes responded that although the Burbank
Municipal Code requires hotels to have loading areas, when the substantial
conformance for this project was made in 1999 the Hotel permits were
issued without a loading dock. He noted that the front driveway area is
the only available location to accommodate delivery vehicles and that the
area has now been designated as a loading dock.
Mr. Campbell inquired whether delivery trucks could park in residential
areas and Chief Hoefel responded that delivery trucks could legally park
in residential areas as long as they were actively loading and unloading,
with the exception of areas where all large trucks are prohibited.
Mr. Campbell inquired how imperative it was to the Applicant to have the
beds in the conference room and Ms. Lee responded that the Applicant had
no major objection if the Council did not approve the fold-up beds. She
also noted that the Applicant is currently regulating the delivery hours
and requested that, if possible, the Applicant maintain the ability to do
so. She added that the Hotel�s General Manager has worked with the
neighborhood to solve and avoid any potential issues and noted that his
efforts partly explain the absence of residents at the hearing in
opposition to the proposed amendments.
Mr. Campbell also requested clarification on the noticing procedure and
Mr. Forbes responded that the notices for the Planning Board hearing on
the PD amendment were sent out to all tenants and property owners within a
1,000-foot radius of the Hotel and was also published in the Burbank
Leader newspaper; and added that a second notice for the public hearing on
the PD amendment and CUP amendment and renewal was also sent out to all
tenants and property owners within the 1000-foot radius of the Hotel and
was published in the Burbank Leader newspaper as well.
Mr. Golonski expressed support for the PD amendment and CUP amendment and
renewal, but stated that he was not in favor of waiving the third year
trial period as requested by the Applicant. He also supported modifying
the valet parking service condition of approval to not require valet
parking between the hours of
midnight
and
7:00 a.m.
Ms. Murphy also expressed opposition to waiving the third year trial
period especially due to the proposed change in use and stated that she
was willing to consider modifying the valet hours to correspond with its
demand. She expressed disappointment that the guestrooms have already been
utilized as meeting rooms prior to Council approval and requested that
staff agendize consideration of a policy to institute sanctions or rules
regarding changing of uses prior to Council or Planning Board approval.
Mr. Campbell supported Ms. Murphy�s request and also expressed opposition
to waiving the third year trial period. He suggested that valet parking
services not be required between the hours of
midnight and
5:00 a.m.
and stated his preference for a dedicated use for the conference room with
no beds.
Ms. Murphy noted that there may be a necessity for the Hotel owner to stay
overnight without occupying a guestroom and expressed support for the beds
in the conference room.
Mr. Golonski supported maintaining the beds in the conference room and
noted that the beds would have no impact on the neighborhood.
Mr. Vander Borght commended the operation of the Hotel but noted that the
approval process for this project has always concerned the neighborhood.
He expressed opposition to any amendments to this project and stated that
the denial of this request would not impede the current operations of the
Hotel. Ms. Murphy noted the need for businesses to periodically reinvent
themselves and expressed support for the project amendments.
Mrs. Ramos noted her prior objection to the project but expressed support
for the amendments with consideration of input from the neighborhood that,
although residents are still concerned, the Hotel has been a good
neighbor. She also stated that staff should have taken action on
discovering that the guestrooms were already being utilized as meeting
rooms without Planning Board and Council approval. She noted the need for
the Council to consider a policy on sanctions for such actions.
Mrs. Georgino noted the Code enforcement challenge with regard to the
valet service requirement based on occupancy and clarified that the
condition as proposed by staff required a dedicated valet operator 24
hours a day. As an alternative, she recommended that valet service hours
coincide with the restrictions on alcohol service.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following resolution be passed and adopted and the following ordinance be
introduced and read for the first time by title only and be passed to the
second reading with modifications to the Planned Development that valet
parking service hours coincide with the restrictions on alcohol service
and not be required between midnight and 6:00 a.m. Monday through Thursday
and Sunday; and, between 1:00 a.m. and 6:00 a.m. Friday and Saturday.�
|
|
1704-3
Amendment to
PD 97-4 and
CUP 2001-17
(Graciela Hotel)
|
RESOLUTION NO. 26,613:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK EXTENDING AND AMENDING
CONDITIONAL USE PERMIT NO. 2001-17 AND APPROVING A NEGATIVE DECLARATION
RELATED THERETO (Graciela Hotel�322 Pass Avenue, Belvedere Hotels and
Resorts LLC/Pass Avenue Associates, LLC, Owner/Applicant).
|
|
1704-3
Amendment to
PD 97-4 and
CUP 2001-17
(Graciela Hotel)
|
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING PLANNED
DEVELOPMENT ZONE NO. 97-4 AND APPROVING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR PLANNED DEVELOPMENT NO. 97-4 (Graciela
Hotel�Applicant: Belvedere Hotels and Resorts, LLC/Pas Avenue
Associates LLC).
|
|
Adopted |
The resolution was adopted and the ordinance was introduced by the
following vote:
Ayes:
Council Members Campbell, Golonski, Ramos, and
Murphy.
Noes: Council Member Vander Borght.
Absent: Council Members None.
|
|
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 |
Ms. Murphy called for speakers for the initial open public comment period
of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Joshua Betancourt, John Burroughs High School student, urging the Council
to support the Annual Close-Up Program; Julia Nguyen, Providence High
School student, urging the Council to support the Annual Close Up Program;
Edward Guerrero, offering condolences to the Pavelka family and the Police
Department and commenting on police officers� misconduct; Stan Hyman
commenting on the hire of three public relations specialists by the
Airport Authority and on airport curfew violations; Ron Vanderford;
requesting elimination of compact parking spaces; David Piroli, on Vehicle
License Fees; Mark Barton, proposing signage for the Bob Hope Airport;
Eden Rosen, announcing a public broadcast on Alzheimers Caregivers month;
and, Gerald Walls, requesting reinstatement of the 4th of July
Parade and Burbank on Parade.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Agenda Item
Oral Communications |
Ms. Murphy called for speakers for the agenda item oral communications at
this time.
|
|
Citizen
Comment |
Appearing to comment were
Mary Clingen, a massage therapist, in support of the proposed Burbank
Municipal Code (BMC) amendment relative to chair massage; Stan Hyman, on
airport curfew violations and requesting a status update on the Part 161
Study; Mike Nolan, in opposition to the proposed BMC amendment relative to
chair massage, commenting on the lack of a loading dock at the Graciela
Hotel, noting the change of use at the Graciela Hotel prior to Council or
Planning Board approval, and in opposition to the City�s consideration of
purchasing the former Crown Bookstore property; Mark Barton, on the
Graciela Hotel amendments; and, David Piroli, requesting the status of the
Part 161 Study and inquiring as to who will pay for the California
Department of Transportation (CalTrans) signage regarding the Bob Hope
Airport.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
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 meetings of November 18, November 25 and
December 2, 2003 were approved as submitted.
|
|
1502
Supplemental
Funding Agmt.
w/CalTrans for
ITS Project |
RESOLUTION NO. 26,614:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
SUPPLEMENTAL AGREEMENT NUMBER M011 BETWEEN THE CITY OF BURBANK AND THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION.
|
|
1204-1
Approve Final
Tract Map No.
53799 (630 E.
Palm Ave.) |
RESOLUTION NO. 26,615:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF
TRACT NO. 53799 (620 EAST PALM AVENUE).
|
|
1205-2
PUE�s between
Third St. and
San Fernando
Blvd. (V-360) |
RESOLUTION NO. 26, 616:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY
VACATION OF TWO PUBLIC UTILITY EASEMENTS BETWEEN THIRD STREET AND SAN
FERNANDO BOULEVARD (V-360).
|
|
1702
Correct Legal
Desc. To
PD Nos. 2002-1
And 2002-3 |
RESOLUTION NO. 26,617:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A NUNC PRO
TUNC ACTION TO CORRECT THE RECORD WITH RESPECT TO THE LEGAL DESCRIPTIONS
OF ORDINANCE NO. 3618 (WHICH APPROVED PLANNED DEVELOPMENT NO. 2002-1, THE
OLSON COMPANY) AND ORDINANCE NO. 3619 (WHICH APPROVES PLANNED DEVELOPMENT
NO. 2002-3, BURBANK CIVIC PLAZA, LLC).
|
|
804-3
703
Murray-Hayden
Program, Clean
Water, Clean
Air Act of 2002 |
RESOLUTION NO. 26,618:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002.
|
|
804-3
703
Urban Park Act
of 2001 Clean
Water, Clean
Air Act of 2002 |
RESOLUTION NO. 26,619:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER
THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION ACT OF 2002.
|
|
1007-1
Establish Title of
Fleet
Superintendent |
RESOLUTION NO. 26,620:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE
AND CLASSIFICATION OF FLEET SUPERINTENDENT (CTC No. 0355) PRESCRIBING
CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.
|
|
1010
Allow
Mid-
Management
Employee to
Participate in
VEBA |
RESOLUTION NO. 26,621:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO.
22,795 RELATING TO THE COMPENSATION PLAN FOR THE MID-MANAGEMENT EMPLOYEES.
|
|
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.
|
|
8:46 P.M.
Recess |
The Council recessed at this time. The meeting reconvened at 8:59 with
all members present.
|
|
604
Amend BMC
Relative to
Chair Massage |
Ms. Pease, Senior License and Code Services Inspector, Community
Development Department, reported that in August 2003 the Council received
a letter from Burbank licensed massage technician, Mary Clingen,
requesting that the Burbank Municipal Code (BMC) Massage Ordinance be
amended to delete the requirement for a tub or shower facility at
businesses whose primary business is not massage, such as a beauty salon,
but the business provides the service of chair massage on their premises.
She stated that since 1983 the massage profession has been tightly
regulated in the interest of protecting the public in several ways,
including: ensuring that those performing the massage are knowledgeable
enough to pass the Los Angeles County massage technicians test and that
their facilities are hygienically clean; and, to have sufficient licensing
requirements and background checks to eliminate prostitution activity
disguised as legitimate massage. She added that since 1984 requests have
been received to amend the Massage Ordinance but noted that staff, in
conjunction with the Police Department, has strongly supported tight
regulation.
Ms. Pease informed the Council that staff considered Ms. Clingen�s request
as reasonable, and that it will not jeopardize public protection from
illegitimate uses. However, she stated that staff recommends amending the
BMC to add: the definition of the terms �chair massage� and �fully
clothed�; the language �any business whose primary function is not massage
but offers chair massage if exempt from the restriction of being required
to have a tub or shower on the premises�; and, the following restrictions
as part of the Burbank Massage Ordinance: 1) at all times during the
massage both the massage technician and the person receiving the chair
massage shall remain fully clothed in non-revealing opaque clothing; 2) at
all times during the massage, the massage must take place within public
view in a well lit area and shall not take place in a private area of any
building, structure, or room; 3) specified anatomical areas and anatomical
parts of the body may not be touched by any part of the massage
technician�s body or any mechanical device or apparatus operated by the
massage technician; and, 4) chair massage may not take place in any
business establishment whose primary business activity is serving food,
alcoholic beverage, or entertainment.
|
|
Motion |
It was moved by Mr. Campbell, seconded by Mr. Vander Borght and carried
that �staff return in February 2004 with an ordinance to amend the Burbank
Municipal Code relative to chair massage.�
|
|
1601-1
Bicycle Master
Plan |
Mr. Kriske, Assistant Transportation Planner, Community Development
Department, requested that the Council approve the proposed Bicycle Master
Plan (Plan). He explained that the Plan is a policy and planning document
that ensures that future transportation decisions consider bicycle travel
in the design of new facilities and approval of new development projects.
He added that the goal of the Plan is to build upon recent investments in
bicycle facilities to further strengthen the use of cycling. He also added
that in achieving this goal, the City will enhance the viability of
bicycling as a transportation mode, thereby reducing congestion, improving
air quality and providing recreational opportunities and options to the
private automobile. In support of these objectives, he stated that the
Plan addresses three components required of a bicycle system: the route
network; end of trip facilities such as bicycling parking and other
amenities; and, connections to other transportation network. He added that
the Plan also discusses maintaining design standards and educational
outreach. He noted that in identifying the proposed routes outlined in the
Plan, staff developed a list of criteria to evaluate various alternatives
which favored routes that link
Burbank
into the greater regional bicycle system as well as provide important
local connectivity between various destinations and land uses within the
City.
Mr. Kriske explained that the Plan emphasizes connectivity between the
Chandler Accessway and other major regional routes such as the Los Angeles
River Bikeway; connections with major internal destinations such as the
Burbank Village, Media District, employment areas, shopping centers and
rail stations; gap closure of the existing network; utilization of
available street width or right-of-way; and, linkages with adjacent
cities. He stated that following Council approval, individual projects
would be brought back for further discussion and approval prior to
implementation. He noted that completion and approval of an updated
Bicycle Master Plan also allows the City to become eligible for annual
State funding opportunities for bicycle projects through the California
Department of Transportation-administered Bicycle Transportation Account (BTA)
as well as enable identified routes and facilities to be more competitive
for other funding sources.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
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1601-1
Bicycle Master
Plan |
RESOLUTION NO. 26,622:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING THE BICYCLE
MASTER PLAN AND CERTIFYING COMPLIANCE WITH STREETS AND HIGHWAYS CODE
SECTION 891.2.
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Adopted |
The 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.
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1503
1504
BWP Monthly
Report |
Mr. Davis, General Manager, Burbank Water and Power, presented the Burbank
Water and Power Monthly Operating Report. He stated that water quality
continues to meet or exceed all Federal and State drinking water standards
and the standards set by the Council. He noted the substantial increase in
the use of water from the Metropolitan Water District and added that the
trend will continue through the year for both dry and liquid vapor phase
portions.
Mr. Davis also reported that the Water Fund continues to be on budget and
that brief information on the progress of building reserves for the Water
and Electric Funds, as requested by the Council, was provided.
Mr. Davis stated that regardless of the outstanding reliability
statistics, the City experienced another power outage at the Media Center
Mall over the weekend. He added that staff is almost certain that a design
flaw at the Mall is responsible for the recurring power switch failures
and will re-evaluate the design, nature and types of switches at the Mall.
Mr. Davis further reported that in a rare occurrence, the retail margins
for the Electric Utility exceeded wholesale margins and added that staff
also provided the Council with information on rebuilding the electric cash
reserves and balances. He also informed the Council that the older jet
units, Olive 3, 4 and Magnolia 5, will permanently be out of service at
the end of December 2003. He reported that the Magnolia Power Project is
continuing on schedule and within budget and that the City has acquired
NBC Studios as a fiber-optic customer. He added that fiber optic services
continue to be extended to the media community. He also noted that other
capital projects including the Hollywood Way Station continue to be on
schedule and within budget.
Regarding legislation, Mr. Davis stated that Congress did not pass the
Comprehensive Energy Bill, and noted the continued opposition to the
comprehensive settlement to re-regulate natural gas in
California.
He informed the Council that Southern California Gas filed a motion to
withdraw their comprehensive settlement.
The Council noted and filed the report.
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201
Annual Close-Up
And National
High School
Model United
Nations Program |
Ms. Wolfe, Administrative Analyst, City Manager�s Office, requested
Council approval of a request from the
Burbank
Unified School District,
Providence High School
and
Bellarmine-Jefferson High School
to aid
Burbank students for the annual Close-Up Program and the National High
School Model United Nations Program. She explained that the Close-Up
Program is an educational experience designed to acquaint high school
students with the operation of the Executive, Legislative, and Judicial
branches of the Federal government. She added that the National High
School Model United Nations Program provides a unique educational
opportunity through the simulation of United Nations committees.
Ms. Wolfe informed the Council that both programs have served as a
tremendous learning experience for students interested in a career in
government, community and public service, and stated that only
participants that are both Burbank residents and attend a
Burbank
high school are eligible for the City�s contribution. She noted that the
City�s Fiscal Year 2003-04 budget appropriated $20,000 for the programs,
and as in prior years, staff will ensure that checks will be made out
directly to the participating students.
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Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Campbell and carried
that �the Council approve a contribution of up to $20,000 to participating
Burbank Unified School District
(Burbank
and Burroughs High Schools)
and
Providence and Bellarmine-Jefferson High School
students to partially fund the 2004 Close-Up Program and 2004 National
High School Model United Nations Program.
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406
Airport Authority
Commissioners
Reports |
Mr. Barlow, City Attorney, reported that at the
November 18, 2003
meeting, Council Member Golonski requested consideration of eliminating
the regular Airport Authority Commissioners Report, and substituting it
with a periodic report when determined necessary by the Commissioners. He
added that the expressed reason for this change was that the Airport
Authority meetings are now regularly cablecast which allows the public to
view the proceedings. He stated that staff has done no additional work on
this item and if there was sufficient support on the Council to further
consider this matter, staff would bring back the necessary ordinance to
change the order of business for the Council meetings.
Mr. Golonski noted that the intent of the report was to inform the
community of the proceedings at the Airport but noted that the meetings
are currently televised. He suggested that the Commissioners be requested
to report on specific items of interest and stated that the regular
reports were not an efficient use of the Council meeting time.
Mr. Vander Borght suggested limiting the reporting frequency to once a
month and requested that the Commissioners report to the Council at any
other meeting if any item requires immediate attention. He added that the
Council could reconsider the new procedure after a one-year period.
Mr. Campbell expressed concern that the Airport is still a critical issue
for the community, noted the changes that are occurring, such as the
Southern California Association of Governments� influence regarding the
annual passenger levels and added that several issues such as the curfew
are not yet resolved. He stated his preference to maintain the ability to
receive input from the Commissioners regarding their votes and indicated
support for maintaining the current reporting schedule.
Mrs. Ramos expressed support for the current reporting procedure and noted
that it provides the Council a regular opportunity to discuss
Airport-related issues.
Ms. Murphy expressed support for maintaining the reporting procedure as it
currently stands.
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Motion |
It was moved by Mr. Golonski, seconded by Ms. Murphy and carried that
�this report be noted and filed.�
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Final Open
Public Comment
Period of Oral
Communications |
Ms. Murphy 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
Esther Espinoza, on Police Officers� conduct; and, Mike Nolan, on parking
requirements at the
Graciela
Hotel.
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Staff
Response
|
Members of the Council and staff responded to questions raised.
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Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 9:45 p.m.
_______________________________________
Josephine Wilson, Deputy City
Clerk
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