|
Present- |
Council Members Campbell, Golonski, Ramos, Vander Borght (arrived at 5:02
p.m.) and Murphy. |
|
Absent - - - - |
Council Members None. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, 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, commenting on
the Home Depot Closed Session item, disputing the square footage of the
property in question and inquiring as to why the proposed agreement was
not available at the time the Agenda was posted.
|
|
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 � Anticipated Litigation:
Significant exposure to litigation pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 3
|
|
|
b. Conference with Legal Counsel � Anticipated Litigation:
Initiation of litigation pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 2
|
|
|
c. Conference with Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case: Correas v. City of Burbank
Case No.:
EC037720
Brief description and nature of case: Automobile accident
involving City vehicle.
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|
|
d. Conference with Real Property Negotiator:
Pursuant to Govt. Code �54956.8
Agency Negotiator: Community Development Director/ Susan Georgino
Property: Approximately 2,875 square feet of the northwestern
corner of 1200 Flower Street. Generally located on Flower Street near the
border of the City of Glendale.
Parties with Whom City is Negotiating:
Home Depot USA, Inc., 3800 West Chapman Avenue, 5th Floor,
Orange CA 92868
Name of Contact Person:
Jeff Nichols, Home Depot USA, Inc.
Terms Under Negotiation:
Price and terms of payment of potential acquisition of easement, lease,
fee grant or other transfer of property.
|
|
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
|
The invocation was given by Mr. Kramer, Community Assistance Coordinator.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Police Captain Koch.
|
|
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. Campos,
City Clerk.
|
|
301-1
Heartfelt Thanks
Luncheon |
Mayor Murphy stated
that the Heartfelt Thanks Luncheon was an effort to express
Burbank�s
appreciation to officers of other jurisdictions and agencies who assisted
with the Pavelka investigation. Chief Hoefel expressed appreciation to
the Mayor, Council Members, City Manager, committee, donors and Chamber of
Commerce for their support towards the event. Mayor Murphy recognized
Sunder Ramani, Vice President, Internal Operations, Burbank Chamber of
Commerce, for spearheading the fundraising effort and presented him with a
plaque in commendation of his tireless efforts. She also commended City
staff who helped coordinate and organize the event.
Mayor Murphy
recognized the sponsors of the luncheon, including: Gary Olson,
President, Burbank Chamber of Commerce; Ernie Burger, Burbank Community
Foundation; Alan Arzoian, owner, Handy Market; Vic and Sue Georgino; Roger
Cusumano, Cusumano Real Estate Group; Doug Remington, JDC Security; Tim
Davis, SCA Appraisal Company; Scott Schaffer and Timmy Madirossian, City
Cab Company; Lisa Rawlins, Warner Bros; and, Jim O�Neill, Crown Realty.
She also recognized the following sponsors who were not present at the
meeting: Shelly Anderson, Anderson Party Rentals; Jack O�Neill, NBC
Studios; Lance Kuyper, B.J.�s Restaurant; and, Dave and Pat Augustine.
|
|
7:02 P.M.
Continued
Hearing
1704-3
602
CUP 2003-29
(990 N.
Hollywood Way) |
Mayor Murphy stated that �this is the time and place for the continuance
of the hearing on the review of the Planning Board�s decision approving
Conditional Use Permit 2003-29, a request by Ken Fisher to modify the
permitted hours of operation for the businesses at the property located at
990 North Hollywood Way. The subject property is zoned MPC-1, Magnolia
Park Commercial Retail. The Conditional Use Permit was approved by the
Planning Board on January 26, 2004.�
�This public hearing was opened on March 9, 2004, with presentations by
staff and the applicant, and comments from the public. The public comment
portion of the hearing was closed and this hearing was continued to this
date to allow further deliberation on the proposed CUP. A videotape of
that meeting on March 9, 2004, along with the agenda packet for this
matter, has been delivered to Council Members Marsha Ramos and Jef Vander
Borght for their review. The Council will now continue its deliberations
on the proposed application and appeal.�
|
|
Council deliberation |
Ms. Murphy submitted photographs taken of a Dunn Edwards paint store in
Glendale showing day laborers attracted by the business. She expressed
opposition to extending the hours of operation of a business that will
generate a lot of traffic. She noted that a Dunn Edwards store not only
generates business traffic but also traffic from individuals soliciting
laborers. She also noted that the property is located at an intersection
which is already heavily impacted with traffic.
Mr. Vander Borght explained that he recused himself from taking action on
the matter at the March 9, 2004 Council meeting due to the fact that his
company has a commercial account with Dunn Edwards Corporation. He added
that since then, he has been advised by the City Attorney that no
significant conflict of interest existed.
Mrs. Ramos reported that she was not able to attend the March 9, 2004
Council meeting but had the opportunity to review the item and videotape
of the discussion that ensued on the matter. She summarized the status of
the project to date and stated that the evidence provided did not indicate
a need to amend the existing Conditional Use Permit (CUP). She also noted
that she realized that a by-right project with a single tenant user could
occupy the property but based on her review, she was supportive of
upholding the initial CUP as it would keep to the testimony presented. She
stated that while the mixed use component is within the parameters of the
Magnolia Park vision, a by-right project was also acceptable. She also
noted that regardless of the use on the property, lack of adequate parking
will still be an issue.
Mr. Vander Borght noted his service on the Magnolia Park Council
Subcommittee with Ms. Murphy and stated that the property is a key parcel
for the revitalization of the area. He noted the lack of parking for a
major business immediately adjacent to the property, and the property�s
proximity to the neighboring R-1 properties. He also noted the type of
traffic and activity which will be generated by the Dunn Edwards paint
store business and stated that the noise and disruption will be
substantial. He expressed opposition to modifying the hours of operation
and noted the possibility of the applicant finding another business of
less appeal to the neighborhood.
Mr. Campbell noted his observation of the Dunn Edwards paint store in
Glendale and expressed concern with the day laborer issue. He stated that
although he was not opposed to a Dunn Edwards paint store in Burbank, he
was not convinced that the proposed location was suitable. He expressed
his opposition to modifying the CUP.
Mr. McDonald, attorney representing the applicant, presented a letter
regarding the matter and Mr. Barlow, City Attorney, informed him that the
Council had already received the letter.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that "the
following resolution be passed and adopted:�
|
|
1704-3
602
CUP 2003-29
(990 N.
Hollywood Way)
|
RESOLUTION NO. 26,678:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVERSING THE PLANNING
BOARD�S DECISION AND DENYING CONDITIONAL USE PERMIT NO. 2003-29 (900 North
Hollywood Way).
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Ramos, Vander Borght
and Murphy.
Noes: Council Member Golonski.
Absent: Council Members None.
|
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council 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
Mark Barton,
expressing appreciation to Chief Hoefel for his comments regarding an
investigation; and, Ron Vanderford, commenting on the case of Karam v.
City of Burbank and alleged abuse of power by the Police Department and
City Attorney�s Office.
|
|
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
Mike Nolan,
commenting on the Home Depot public safety mitigation fee and encouraging
the Council to schedule a public hearing on the matter; David Piroli,
commenting on the Home Depot public safety mitigation fee, the day laborer
facility and cautioning the Council on illegal immigration as it relates
to day laborers; and, Mark Barton, who did not address an agenda item.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
7:32 P.M.
Recess |
The Council recessed to permit the Burbank Public Financing Authority to
hold its meeting. The Council reconvened at 7:33 p.m. with all members
present.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mrs. Ramos that "the
following item on the consent calendar be approved as recommended.�
|
|
Minutes
Approved |
The minutes for the adjourned meeting of January 22, 2004 and the regular
meeting of January 27, 2004 were approved as submitted.
|
|
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.
|
|
804-3
412
Middle School
Grant Program |
Mr. Hansen, Interim Park, Recreation and Community Services Department
Director, requested Council authorization to fund a continuation of the
Middle School Grant Program. He explained that the mission of the City�s
Middle School Grant Program is to provide, encourage and support
activities that contribute to the prevention of violence, reduction of
conflict, and promotion of productive and positive experiences for Burbank
Unified School District (BUSD) middle school students. If approved, he
stated that Jordan, Luther Burbank and John Muir middle schools will
collectively receive up to $75,000 in one-time General Fund appropriation
from the previously-approved Non-Departmental Holding Account for the
purpose of continuing the implementation of the programs and services.
Mr. Hansen noted that the City places a strong emphasis on the provision
of quality programs, services and facilities benefiting the youth of the
community. He stated that the Council previously approved $150,000 for
the Middle School Grant Program to initiate programs and services which
began in the Spring 2002-03 school year. He added that the money
allocated provided the schools an opportunity to continue the programs
into the 2003-04 school year. He also stated that the Council directed
staff to return for additional funding when the previously-approved
appropriation had been expended, and explained that the additional
appropriation would allow for the current programs and services to
continue through the remaining three months of the 2003-04 school year.
He concluded with a recommendation that an additional $75,000 be
appropriated to the Middle School Grant Program with the intent that each
middle school be awarded $25,000. He also presented a video highlighting
the activities that the schools have been able to provide to the students
with the aid of the middle school grants.
Daniel Hacking, Principal at John Muir Middle School, Anita Shackman,
Assistant Principal at John Muir Middle School, and Wanda Armstrong,
Principal at Luther Burbank Middle School, expressed appreciation to the
Council for past funding and requested Council support of the additional
funding.
Mr. Golonski recounted his experience with the Mayor�s Youth Task Force
and commented on how creative and inclusive the middle schools programs
are. He recognized Warner Bros. for partnering in this program by
providing free admission for the students to the Museum of Tolerance. He
noted that the three schools have adopted a common anti-bullying
curriculum and assemblies which have empowered the students. He emphasized
that the programs were about providing activities that will bring all the
students together. He also noted that the nature of the lunch period at
the schools has changed because of the availability of lunchtime
activities. He commended the principals for stretching the funding by
providing a large number of programs.
Mr. Vander Borght commended the principals for the success of the programs
but noted the fact that funding may not be available in the future due to
the current budgetary constraints.
Mr. Golonski noted that some of the programs have already been adopted by
the Parent Teacher Association and hoped that as the community realizes
the benefits of these programs, other groups will adopt programs, and
through collaborative community efforts the programs will continue.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
|
804-3
412
Middle School
Grant Program |
RESOLUTION NO. 26,679:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A GRANT FROM
THE CITY OF BURBANK TO THE CITY OF BURBANK MIDDLE SCHOOL GRANT PROGRAM
(PEACE COLORS PROGRAM).
|
|
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.
|
|
1704-3
Public Safety
Mitigation Fee/
Proposed Home
Depot Store |
Mr. Garcia,
Assistant City Attorney, presented a proposed agreement pertaining to
additional mitigation arising out of the operation of the proposed Home
Depot store. He explained that under the proposed agreement, Home Depot
agreed to make an annual payment $94,000 to provide additional mitigation
for services related to operating the store. He stated that as currently
proposed, the fee shall be paid on an annual basis until the City Manager
and Police Chief determine that such mitigation is not warranted and that
the City reserves the discretion on the use of the funds. He reiterated
that the consideration of the agreement is to address concerns regarding
on-going City expenses and noted that Home Depot will not have the
obligation to pay the mitigation fee in the event that the Conditional Use
Permit matter is appealed.
Mr. Vander Borght
recounted the reason as to why he requested an appeal of the Home Depot
Project. He explained that during a Closed Session meeting, the Council
approved acquisition of a parcel of land that was to be developed for a
day laborer center. He added that with the acceptance of the parcel of
land came the responsibility of the cost of operating the day laborer
center. He noted that he deemed it necessary for the Council to discuss
the cost associated with running the day laborer center because he did not
think it was appropriate for the City to pay for its operation. He stated
that subsequently, Home Depot representatives requested that the matter be
postponed. He then reported on a meeting with a Home Depot representative
at which time he expressed concern with the City bearing the
responsibility of the operating costs of the day laborer center and stated
that he would not support the project unless there were additional
mitigation measures.
Mr. Vander Borght
further stated that as proposed, Home Depot is agreeing to pay a fee of
$94,000 annually to prevent the City from being responsible for the
operating costs of the day laborer center. He also suggested that the
agreement be modified to require Council approval prior to the mitigation
fee being rescinded.
Mrs. Ramos was
supportive of Mr. Vander Borght�s modification to the agreement and stated
that she met with a Home Depot representative as well. She indicated
support of having the day laborer center and noted that the mitigation fee
was appropriate to alleviate any potential problems.
Mr. Campbell
reported on a meeting with Mr. Nichols, a Home Depot representative, at
which he expressed his concern with the City having to pay for the
operation of the day laborer center. He expressed support of the proposed
mitigation fee.
Mr. Golonski
supported the concept of having a day laborer center for the project and
stated that his only concern was the City having to pay for its operation.
He noted that the City already has issues with day laborers and hoped that
having a central place where they can gather will alleviate the situation.
He expressed support for the agreement by which Home Depot will offset the
cost of operating the center.
Ms. Murphy also
noted that the City already has issues with day laborers and inquired
whether U-Haul had been contacted regarding the day laborer issue. She was
supportive of the mitigation fee that would ensure that the day laborer
center is run in an efficient manner. She also suggested that staff
explore enforcement options to ensure that individuals solicited workers
from the day laborer center, and announced that the public had two days
left to appeal the project if anyone was interested in doing so.
|
|
Motion |
It was moved by Mr. Golonski, seconded by Mr. Campbell and carried that
�the Council approve the proposed agreement with modifications that the
Council approve the termination of the mitigation fee.�
|
|
1704-3
602
In-Lieu of Appeal
For CUP 2002-6
For Home Depot
Store |
Mr. Baker, Deputy City Planner, reported that this item was continued from
the March 9, 2004 Council meeting to consider appealing the decision of
the Planning Board to approve Conditional Use Permit No. 2002-6, Sign
Variance No. 2002-1 and Development Review No. 2002-12 for a proposed Home
Depot store at 1200 South Flower Street.
|
|
Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Campbell and carried
that �the consideration of setting an in-lieu of appeal for CUP No.
2002-6, Sign Variance No. 2002-1 and Development Review No. 2002-12 for a
proposed Home Depot Store at 1200 South Flower Street be removed from the
agenda.�
|
|
806
Letter of Agmt.
With Official
Payments Corp.
For Credit Card
Payment Services |
Ms. Anderson, City Treasurer, requested Council authorization for Official
Payments Corporation to act as third-party administrator in the acceptance
of credit cards by telephone and over the internet for bills and/or
services owed to the City. She reported that credit card transactions for
purchases of up to $500 were approved in 1997 for the Park, Recreation and
Community Services Department and expanded to all departments in 2000.
She added that the approval was limited to walk-in customers only to avoid
the higher costs associated with transactions by which the credit card is
not presented. She informed the Council that credit card usage has
increased significantly since 1997 and noted that the City paid over
$40,000 in fees associated with the acceptance of credit cards in the past
year. She also stated that there is considerable business and consumer
pressure to allow broader acceptance of credit card payments, including
over the internet and telephone.
Ms. Anderson reported that staff researched many governmental agencies�
internet sites, such as the Internal Revenue Service, State of California,
Los Angeles Department of Water and Power, Los Angeles County and a few
municipalities, and found that they all charge a convenience fee to accept
payments by credit card on their websites, through a third-party
administrator, Official Payments Corporation. She stated that a
convenience fee is charged to the consumer and the amount of the fee is
tiered, based on the payment amount. She added that staff from the
Treasurer�s Office and Burbank Water and Power (BWP) is in agreement with
accepting Official Payments Corporation as the third-party credit card
administrator. She also added that the City is ready to implement the
acceptance of credit cards on the internet and over the telephone for
utility bills at BWP with the new Banner System which will be in use this
Spring. She added that other departments may also implement acceptance of
credit card payments in the future with a tiered convenience fee being
charged to the consumer based on the payment amount. She explained that
the City will not incur any charges for payments accepted by Official
Payments Corporation, resulting in a savings of approximately $18,000 to
$24,000 per year in BWP funds alone. She also noted that additional
savings may be realized if this program is implemented in other
departments.
Mr. Golonski expressed concern over the convenience charge amount and
requested that staff provide a status report on the service within a
ninety-day period.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Mrs. Ramos that �the
following resolution be passed and adopted:�
|
|
806
Letter of Agmt.
With Official
Payments Corp.
For Credit Card
Payment Services |
RESOLUTION NO. 26,680:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
BURBANK AND OFFICIAL PAYMENTS CORPORATION FOR CREDIT CARD PAYMENT
SERVICES.
|
|
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.
|
|
8:58 P.M.
Reconvene Burbank Public
Financing Authority
Meeting |
The Burbank Public Financing Authority meeting was reconvened at this
time.
|
|
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.
|
|
Citizen
Comment |
Appearing to comment were
Eden Rosen,
commenting on noise pollution and its negative impacts; Howard Rothenbach,
requesting the Council reconsider placing restrooms at the Amtrak Station;
David Piroli, inquiring as to why the City would assume the responsibility
of operating the day laborer center, inquiring whether the Conditional Use
Permit runs with the land or with the business; and, Mike Nolan, inquiring
as to why the mitigation fee agreement was not available to the public
until Tuesday and noting that one of the provisions of the agreement was
that the Council would not appeal the Planning Board�s decision.
|
|
Staff
Response
|
Members of the Council and staff responded to questions raised. |
|
301-2
Memorial
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 9:14 p.m. in memory of Casey Iversen.
____________________________
Margarita Campos, City Clerk
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