Council Agenda - City of Burbank

Tuesday, March 4, 2003

Agenda Item - 4

 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 
DATE: March 4, 2003
TO:

The Honorable Mayor and Members of the City Council

FROM: Mary F. Riley, Senior Assistant City Attorney
SUBJECT: Bow and Arrow Ordinance Enforcement Date

On January 21, 2003, the Council of the City of Burbank adopted Ordinance No. 3616 which extended a prohibition on the shooting of bow and arrows within city limits, with limited exceptions. The City had determined that the project would have no possible significant effect on the environment and found it exempt from review under the California Environmental Quality Act (CEQA").

No member of the public questioned the City�s CEQA determination prior to the time which the Council adopted the Ordinance. Subsequent to the adoption of the Ordinance, an attorney, on behalf of the Bowhunters Association, questioned the applicability of the exemption from CEQA.

Given the arguments presented, it is recommended that this project go through CEQA review prior to enforcement of this Ordinance, only out of an abundance of caution to avoid litigation and to provide the public with the right to participate in an evaluation of the environmental consequences of this project.

The proposed Resolution states that Ordinance No. 3616 shall not be enforced by the City until the City Council considers the appropriate CEQA documentation. The Ordinance shall be reviewed at that time for compliance with the appropriate CEQA document, if so approved. In the meantime, the City Planner is authorized to conduct CEQA review and provide the City Council with its result and recommendation. This matter will return to the Council with CEQA documentation for further action. Until that time, the Ordinance will not be enforced.

Recommendation: Adopt the Resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK SUSPENDING ENFORCEMENT OF THE BOW AND ARROW ORDINANCE NO. 3616 PENDING CEQA REVIEW.

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