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.
|
Oral
Communications |
There was no response to the Mayor�s invitation for oral communications on
Closed Session matters at this time.
|
5:03 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 Real Property Negotiator:
Pursuant to Govt. Code �54956.8
Agency Negotiator: Community Development Director/ Susan M.
Georgino.
Property:
1250 Harvard Road.
Parties With Whom City is Negotiating:
The Castaway Restaurant is owned and operated by Specialty Restaurants
Corporation. Negotiations are with John D, Tallichet, President ad David
Tallichet, Chief Executive Officer, 8191 East Kaiser Boulevard, Anaheim,
California 92808.
Name of Contact Person:
Susan Georgino, Community Development Director and Barbara Lazar, Senior
Planner, Community Development Department.
Terms Under Negotiation:
Extension of lease with the City of Burbank.
|
|
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. 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 City Employees Association, Burbank Management
Association, International Brotherhood of Electrical Workers, Burbank
Firefighters Association, Burbank Firefighters Chief Officers Unit, and
Burbank Police Officers Association; Unrepresented, and Appointed
Officials.
Summary of Labor Issues to be Negotiated:
Contracts for Fiscal Year 2004-05.
|
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.
|
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 Mr. Feng, Deputy City
Manager/Public Works and Capital Projects.
|
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
Police Dept.
Professional
Esteem Award |
Captain Stehr
presented a Professional Esteem Award to Lieutenant John Dilibert for his
years of dedicated service as a host of the Street Beat cable television
program.
|
301-1
Trust for Public
Land |
Larry Kaplan,
representing the Trust for
Public Land, made a
PowerPoint presentation illustrating the mission and achievements of the
organization.
|
6:58 P.M.
Hearing
501-1
Revision to the
Wood Shake/
Shingle Ord. |
Mayor Murphy stated that �this is the time and place for the hearing on
amendments to the Burbank Municipal Code relating to Wood Roof, Wood
Exterior Siding and Brush Clearance.�
|
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 |
Chief Davis
presented a report on proposed amendments to the Burbank Municipal Code
relative to wood roofs, wood exterior wall coverings and brush clearance
of homes located in the Mountain Fire Zone. With the aid of a PowerPoint
presentation, he illustrated that the Mountain Fire Zone includes all
properties to the east or hill side of Sunset Canyon from Thurber Place to
Walnut Drive; continues along Bel Aire Drive to Cambridge Drive; and,
continues north on Kenneth Road to Scott Road and ends at Naomi Street.
Chief Davis
recounted that in October and November of 2003, the largest and deadliest
wildfires in
California history charred approximately 740,000 acres from
San Diego
County to the suburbs of Los Angeles County, killing 22 people and
destroying more than 4,500 homes. He stated that in light of that
catastrophic event, the proposed ordinance updates existing Codes which
regulate wood roofs, exterior wood finishes and brush clearance
requirements. He explained that the proposed ordinance requires that all
exposed wood roofs in the Mountain Fire Zone be removed by
August 14, 2005.
He noted that there are approximately 30 such homes and added that all
other homes outside of the Mountain Fire Zone, must comply by August 14,
2012, a date required by previously-adopted Ordinance No. 3296. He also
stated that no additional permits would be issued for any covering over a
roof with wood shingles.
Chief Davis further
stated that the proposed ordinance prohibits the use of wood exterior wall
coverings in the Mountain Fire Zone and modifies the brush clearance
requirement for all properties from 100 feet to 200 feet to provide a
larger defensible space. He added that the additional 100 feet will be a
modified clearance with the native brush reduced by 50 percent and the
sumac clusters reduced �leopard spot� style.
Chief Davis informed
the Council that every home located in the Mountain Fire Zone will receive
an information packet explaining the new clearance requirements on
April 15, 2004,
and that the ordinance will also require a special local real estate
disclosure obligation with regard to the removal of wood roofs.
|
Citizen
Comment |
Appearing to comment were
David Hackett,
property owner in the Mountain Fire Zone, inquiring as to the criteria for
measuring the 200-yard clearance; and, Ron Vanderford, inquiring as to
whether the ordinance will only apply to homes located in the Mountain
Fire Zone and commenting on covering plywood or wood shingles with
asphalt.
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
In response to
public comment, Chief Davis responded that the ordinance will apply to all
wood shake and shingle roofs citywide.
Ms. Murphy expressed
concern with regard to moving the compliance date closer for the Mountain
Fire Zone and inquired if financial assistance will be made available to
homeowners who may have financial hardship. Chief Davis responded that he
was not aware of any such arrangement. She also inquired if all residents
in the Mountain Fire Zone received notice of the public hearing. Mr. Lim,
Principal Plan Check Engineer, Building Division, responded that 70
households in the realigned area were notified, including the 30
households that would be affected by the ordinance.
Mr. Golonski
expressed concern with across-the-board prohibition of wood siding
material in the Mountain Fire Zone. He requested that staff develop fire
resistance standards and that the ordinance be modified to prohibit all
wood shake and shingle roofs but require specific fire resistance
standards for wood siding material.
Mr. Campbell
requested that staff provide information on the options for homeowners who
replace their roofs with regard to disposing or recycling of their own
wood shakes or shingles.
|
Ordinance
Introduced |
It was moved by Mr. Vander Borght, seconded by Mr. Golonski and carried
that "the following ordinance be introduced and read for the first time by
title only with staff being directed to return with an amendment with
regard to fire resistance standards for wood siding material.� The
ordinance was introduced and the title read:
|
501-1
Revision to the
Wood Shake/
Shingle Ord. |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING VARIOUS
SECTIONS OF THE BURBANK MUNICIPAL CODE RELATING TO WOOD ROOF, WOOD
EXTERIOR WALL COVERINGS, AND BRUSH CLEARANCE.
|
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
Meeting Report |
Commissioner Brown
reported on the Airport Authority meeting of
March 18, 2004. He
stated that the Authority reviewed and adjusted the noise violation fines,
and approved Work Order 2A in the amount of $47,500 to the Landrum and
Brown Part 161 Professional Service Agreement for a community outreach and
communications component. With regard to the airline schedule analysis,
he reported that United Airlines and Federal Express have requested to
enter into in-depth studies on the voluntary curfew to evaluate whether
they can comply. He also made further clarifications on the criteria for
the safety award received by the Airport from the Federal Aviation
Administration.
The Council received
the report.
|
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
Les Hammer, on the
Home Depot day laborer center with regard to illegal immigrants; Edward
Guerrero, on alleged police misconduct; John Sorrell, expressing
opposition to the construction of sidewalks on Ontario Street; Theresa
Karam, on alleged double billing as a result of the verdict in the case of
Karam v. City of Burbank; Ron Vanderford, on the case of Karam v. City of
Burbank; Laurie Feig, on an attack on her dogs by other dogs in her
neighborhood and the hearing conducted by the City Attorney�s Office; Stan
Hyman, on the Home Depot project; and, Mark Barton, on a newspaper article
regarding alleged misconduct by a City employee.
|
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
Ron Vanderford, on
the deadline for implementation of the proposed wood shake/shingle
ordinance, and on the Southern California Association of Government�s
projections relative to Bob Hope Airport; David Piroli, on passenger
security concerns at Los Angeles International Airport and the safety
award recently presented to Bob Hope Airport; and, Theresa Karam, on the
financial impact to homeowners relative to the proposed wood shake/shingle
ordinance.
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
Motion |
It was moved by Mr. Campbell and seconded by Mrs. Ramos that "the
following items on the consent calendar be approved as recommended.�
|
Minutes
Approved |
The minutes for the regular meetings of February 10 and February 17, 2004
were approved as submitted. The minutes for the regular meeting of
February 3, 2004 were approved as amended.
|
1007-1
1009-1
Equipment Maint.
Supervisor to
Fleet Manager/
BWP |
RESOLUTION NO. 26,681:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING AND RE-TITLING
THE SPECIFICATION OF EQUIPMENT MAINTENANCE SUPERVISOR/BWP (CTC No. 0321)
TO FLEET MANAGER/BWP (CTC No. 0365).
|
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.
|
604
Amend Chair
Massage Ord. |
Ms. Pease, Senior
License and Code Services Inspector, Community Development Department,
requested that the Council consider an amendment to the
Burbank Massage
Ordinance. She reported that the amendment will accommodate the request
that tub or shower facilities not be required to be on the premises of
businesses whose primary business is not massage, but want to provide the
additional service of chair massage; such as beauty salons, shopping
malls, airports, sporting events and similar locations. She also added
that the amendment defines �chair massage� and �fully clothed�, and
includes the following restrictions as part of the Burbank Massage
Ordinance: 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; 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; at no
time may any part of the massage technician�s body or any mechanical
device or apparatus operated by the massage technician touch any specified
anatomical areas, as defined in Burbank Municipal Code Section 8-2201(j);
and, chair massage may not take place in any business establishment which
has as a primary business activity the serving of food, alcoholic beverage
or entertainment.
Ms. Pease also added
that the Code would still stipulate that all licensing requirements of the
massage technician as well as the facility have proper City business
licensing.
|
Ordinance
Introduced |
It was moved by Mr. Campbell, seconded by Mr. Golonski and carried that
"the following ordinance be introduced and read for the first time by
title only and be passed to the second reading.� The ordinance was
introduced and the title read:
|
604
Amend Chair
Massage Ord. |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION 8-2201
AND 8-2205(B)(2) OF CHAPTER 8, ARTICLE 22 OF THE BURBANK MUNICIPAL CODE TO
DEFINE CHAIR MASSAGE AND EXEMPT CHAIR MASSAGE FROM CERTAIN REQUIREMENTS OF
MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS.
|
1507
Fiber Optic
Agmts. |
Mr. Cassidy,
Telecommunications Manager, Burbank Water and Power, requested Council
authorization for the General Manager of Burbank Water and Power to
execute five new fiber optic service agreements with TVN Entertainment
Inc.; Modern Videofilm; Foto-Kem Industries Inc.; Plus 8 Digital; and,
OnFiber Communications, Inc. He stated that each agreement will lease
unused fiber optic strands (dark fiber) that are part of the Burbank Fiber
Optic Network. He reported that the agreements with TVN Entertainment
Inc., Modern Videofilm, Foto-Kem Industries Inc. and Plus 8 Digital are
for a one-year period and will thereafter be extended annually for
successive one-year terms. He added that the agreement with OnFiber is
for a five-year period and will thereafter be extended annually for
successive one-year terms. He informed the Council that the agreements
will yield an annual revenue of $951,264, and will increase the City�s
customer base from eight to 13 and the number of buildings with fiber
service to 60.
Mr. Golonski
suggested that in the future,
fiber optic service
agreements
not require Council approval prior to being executed.
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Vander Borght that �the
following resolutions be passed and adopted:�
|
1507
Fiber Optic
Agmt. with TVN
Entertainment |
RESOLUTION NO. 26,682:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF THE FIBER OPTIC CABLE SERVICE AGREEMENT BETWEEN
THE CITY OF BURBANK AND TVN ENTERTAINMENT, INC.
|
1507
Fiber Optic
Agmt. with
Modern Videofilm |
RESOLUTION NO. 26,683:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF THE FIBER OPTIC CABLE SERVICE AGREEMENT BETWEEN
THE CITY OF BURBANK AND MODERN VIDEOFILM.
|
1507
Fiber Optic
Agmt. with
Foto-Kem
Industries, Inc. |
RESOLUTION NO. 26,684:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF THE FIBER OPTIC CABLE SERVICE AGREEMENT BETWEEN
THE CITY OF BURBANK AND FOTO-KEM INDUSTRIES, INC.
|
1507
Fiber Optic
Agmt. with
Plus 8 Digital |
RESOLUTION NO. 26,685:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF THE FIBER OPTIC CABLE SERVICE AGREEMENT BETWEEN
THE CITY OF BURBANK AND PLUS 8 DIGITAL.
|
1507
Fiber Optic
Agmt. with
OnFiber Communications
Inc. |
RESOLUTION NO. 26, 686:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF THE FIBER OPTIC CABLE SERVICE AGREEMENT BETWEEN
THE CITY OF BURBANK AND ONFIBER COMMUNICATIONS, INC.
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
Final Open
Public Comment
Period of Oral
Communications |
There was no response to the Mayor�s invitation for speakers for the final
open public comment period of oral communications at this time.
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 8:43 p.m. to Monday, March 29, 2004 at 6:00 p.m. in the
Council Chamber for a Joint Council/ Board of Education meeting to discuss
the following items: 1) Collaborative Cost-Saving Ventures Update; 2)
Report on Subcommittee Fundraising Efforts; and, 3) Facilities Update/
Memorial Field.
____________________________
Margarita Campos, City Clerk
|