Present- |
Council Members Campbell, Ramos, Vander Borght and Murphy. |
Absent - - - - |
Council Member Golonski. |
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.
|
4:11 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 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:
Current Contracts and Retirement Issues.
|
5:11 P.M.
Traffic and
Transportation
Study Session |
Mr. Herrmann,
Assistant Community Services Director/ Transportation, reported that the
City currently has three transit systems: Burbank
Local Transit,
operating a fixed route between the Metrolink Station and the Media
District; Paratransit (Burbank Transportation Service), providing transit
services to the elderly; and, the Got Wheels transportation service, which
provides students with transportation to and from the libraries and
schools. He added that as part of the Burbank Local Transit, there are two
demand-responsive services for Metrolink riders.
Mr. Herrmann
informed the Council that there is currently no noontime shuttle service.
He reported that in the past, two noontime shuttle transport services were
provided by the Burbank Transportation Management Organization (TMO),
operating a fixed route from the studio area to downtown, but the service
did not fare well due to low ridership. He added that in the mid-1990s,
the TMO received a Clean Air grant to pay taxi fares for Media District
employees to get around town, which was not taken advantage of by the
employees. Also, he noted that during the Thanksgiving to Christmas
period, the City instituted a shuttle service in the downtown area to
provide transportation to individuals to and from various shopping areas.
He added that the service cost was $10,000 for a little over a month but
the program did not perform as well as expected.
Mr. Vander Borght
expressed support for trying the shuttle service again and suggested
implementing a fixed route service that takes into account the most
impacted areas and assets of the City. He noted that no massive transit
system is profitable and suggested re-assessing the use of Proposition A
and C funds, in addition to other sources, to provide public funding.
Mrs. Ramos expressed
support for a fixed route service and reassessing the usage of Proposition
A and C funds to their maximum efficiency. She also noted the importance
of educating the youth with regard to the use of public transit through
the Got Wheels program.
Mr. Campbell stated
that transit programs are not an overnight success and noted the need to
evaluate the past failures. He also emphasized the need to identify the
most preferred fixed routes.
Ms. Murphy expressed
opposition to a noontime shuttle service and noted that the City�s peak
traffic period is not noontime but the morning and afternoon when people
are going to and from work. She suggested developing a survey to identify
the most preferred routes prior to embarking on any program, particularly
given the current budgetary challenges.
Mr. Campbell
suggested that staff contact other agencies and municipalities for their
experience in developing successful transportation systems.
Mr. Vander Borght
also suggested that the Boards and Commissions be included in the process,
and Mr. Herrmann recommended establishing a task force to oversee the
process.
|
5:37 P.M.
Budget Study
Session � Initial
Overview of
FY 2004-05 |
Mr. Hanway,
Financial Services Director, presented a report on the proposed Fiscal
Year (FY) 2004-05 budget; review of the Five-Year Financial
Forecast;
department reductions summary; and, the five-year budget balancing plan.
He noted that the
principles driving the FY 2004-05 budget process include: maintaining a
long range focus in light of future year deficits; looking for structural
changes in operations; creativity; and, developing a five-year budget
balancing plan. With the aid of a PowerPoint presentation, he described
the projected recurring General Fund balance; with a recommendation that
the recurring deficit be balanced by increasing the Transient Parking Tax
from 10 percent to 12 percent and use of the difference in the utility
rate reductions. He also discussed the projected non-recurring General
Fund balance and stated that staff recommended balancing the deficit with
the use of the recurring General Fund surplus after the recommendations
are adopted, Burbank Water and Power Set Aside Fund, or FY 2003-04 budget
surplus.
Mr. Hanway then
discussed the General Fund major revenue sources, including: Sales Tax;
Property Tax; Utility Users Tax (UUT); and, Motor Vehicle In Lieu, and the
General Fund expenditures by department. He noted that the appropriation
increases are driven by: budgetary Public Employee Retirement System (PERS)
rates for FY 2004-05, noting that the increase is partially offset by the
Pension Obligation Bond issue; Memoranda of Understanding increases; and,
the General Liability Insurance Fund rental rates. He also noted the
departmental budget reductions summary and discussed the reserve balances
for the Fifteen Percent Working Capital Reserve; Five Percent Emergency
Reserve; Burbank Water and Power UUT/In Lieu Set Aside Fund; PERS
Stabilization Fund; and, Budget Stabilization Fund.
With regard to the
Five Year Financial
Forecast, Mr. Hanway
noted that the key assumptions included: electric rate decrease; proposed
revenue enhancements; proposed expenditure reductions; increase in PERS
rates; Burbank Police Officers Association negotiated PERS commitment
subject to negotiations; Central Library ramp up starting in FY 2006-07;
and, frozen positions being maintained over the five-year period. He then
discussed staff�s five-year budget financing plan, other options available
to the Council and the program budget limitations.
Mr. Vander Borght
inquired as to why the City is not currently collecting the Public
Education and Government Fee and Mr. Hanway responded that since the fee
is passed on to the subscriber, it has been past Council policy not to
impact the subscriber.
Mr. Vander Borght
requested that staff provide more information on the proposed ballot
measure to increase the Transient Occupancy Tax, including other cities�
rates. Mr. Hanway responded that staff proposed increasing the Tax from 10
to 12 percent and that the information will be provided after the budget
adoption.
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:43 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. Bashmakian, Assistant
Community Development Director/City Planner.
|
Present- |
Council Members Campbell, Ramos, Vander Borght and Murphy. |
Absent - - - - |
Council Member Golonski. |
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
Reporting on
Council Liaison
Committees
|
Mr. Vander Borght
reported on a Development and Community Services Building Subcommittee
meeting he attended.
Mr. Campbell
announced an upcoming Environmental Oversight Committee meeting.
|
6:48 P.M.
Hearing
1703
602
Appeal of DR
No. 2003-27 �
637 N. Fairview
|
Mayor Murphy stated that �this is the time and place for the continuance
of the hearing on the appeal of the Planning Board�s decision affirming
Development Review No. 2003-27. The Applicant, August Bacchetta, applied
for Development Review No. 2003-27 requesting authorization to construct a
four unit residential building at 637 North Fairview Street.�
�This public hearing was held on March 9, 2004. Staff was directed to
review original plans and develop alternatives more compatible with the
neighborhood. It was continued to April 13, 2004.�
�The Applicant and Appellants request that this hearing be continued to
April 20, 2004 to allow for more discussion on the revisions to the plan.
Is there a motion or any discussion?�
|
Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Campbell and carried
with Mr. Golonski absent and Mrs. Ramos recusing herself that "the hearing
be continued to the April 20, 2004 meeting.�
|
6:49 P.M.
Hearing
1704-3
602
Appeal of Home
Depot � CUP
2002-6 |
Mayor Murphy stated that �this is the time and place for the hearing on
the appeal of the Planning Board�s decision to approve Conditional Use
Permit No. 2002-6, Sign Variance No. 2002-1 and Development Review No.
2002-12, a request by Home Depot U.S.A., Inc. to construct and operate a
home improvement store with 115,130 square feet of interior floor area and
a 24,667 square foot outdoor garden area for selling garden supplies.
Home Depot also requests a sign variance to permit one additional ground
sign and temporary promotional banners not to exceed four times per year.
The items for the Council�s consideration are:
�
A resolution certifying the Project�s Final Environmental Impact Report,
making findings as to each environmental effect, and adopting a Statement
of Overriding Consideration and a Mitigation Monitoring Program; and
�
A resolution certifying the Conditional Use Permit, Sign Variance, and
Development Review.�
|
Discussion |
Mr. Barlow, City
Attorney, noted that the appellants were not present and that the Mayor
had the option of: proceeding with the hearing since there was no written
communication stating the reason as to the appellants� absence; taking
testimony and then continuing the hearing; or, continuing the hearing
altogether. He also noted a previous oral request to the City Clerk by Mr.
Nolan, appellant, that the hearing be continued.
Ms. Murphy requested
Council input and noted her preference that public testimony not be taken
if the hearing is being continued to allow the entire Council to
participate in the process prior to taking action on the matter.
|
Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Campbell and carried
with Mr. Golonski absent that �this hearing be postponed to the April 27,
204 meeting.�
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council during the
Closed Session meeting.
|
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
Edward Guerrero, on
alleged Police misconduct; Mark Barton, on alleged City employee
misconduct; Ron Vanderford, on the case of Karam v. City of Burbank; and,
Dr. Theresa Karam, playing an audio tape of a conversation relating to the
case of Karam v. City of
Burbank.
|
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
Paul Krekorian,
requesting Council support of Burbank Water and Power�s proposal to offer
additional energy-efficiency rebates to the Burbank Unified School
District in support of solar water heating; David Piroli, expressing
appreciation for postponing the Home Depot appeal hearing; and, Mark
Barton, stating the architect for the proposed project at 637 North
Fairview Street will be on vacation in two weeks, and his input is
essential to the public hearing.
|
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.�
|
907
Agmt. with
Pacific Bell for
Inmate Pay
Phone Service |
RESOLUTION NO. 26,695:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE INMATE
PAY PHONE SERVICE AGREEMENT BETWEEN THE CITY OF BURBANK AND PACIFIC BELL
TELEPHONE COMPANY d/b/a SBC CALIFORNIA.
|
213
Litigation Costs
For Kajima Const.
and WLC |
RESOLUTION NO. 26,696:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL
YEAR 2003-2004 BUDGET BY APPROPRIATING FUNDS IN THE AMOUNT OF $40,000 FOR
LITIGATION COSTS.
|
1503
Upgrade of
LADWP�s
Receiving
Station E |
RESOLUTION NO. 26,697:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF A REQUEST FOR CAPITAL ADDITIONS TO UPGRADE
RECEIVING STATION E BETWEEN THE CITY OF BURBANK AND THE DEPARTMENT OF
WATER AND POWER OF THE CITY OF LOS ANGELES.
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Ramos, Vander Borght
and Murphy.
Noes: Council Members None.
Absent: Council Member Golonski.
|
1503
412
BWP�s Energy-
Efficiency Rebates
to the BUSD for
Solar Water
Heating |
Mr. Davis, General Manager, Burbank Water and Power (BWP), reported that
the City is in the process of renegotiating the Burbank Unified School
District�s (BUSD) Electric Service Agreement, including a basic proposal
that BWP offer conservation and efficiency incentives to the BUSD. He
noted that these incentives would be tied to the District�s ability to
contain energy usage at or below a pre-determined energy baseline.
However, he stated that it is not currently feasible to determine with any
accuracy what that baseline should be as the BUSD is undergoing extensive
renovations at several school sites through 2006. Until baselines can be
developed, he stated that staff proposes that billing incentives be tied
to two specific energy conservation projects; passive solar water heating
system installations for the John Burroughs and Burbank High School pools.
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
1503
412
BWP�s Energy-
Efficiency Rebates
to the BUSD for
Solar Water
Heating |
RESOLUTION NO. 26,698:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING ADDITIONAL ENERGY SOLUTIONS PROGRAM REBATES TO THE BURBANK
UNIFIED SCHOOL DISTRICT IN SUPPORT OF SOLAR WATER HEATING.
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Ramos, Vander Borght
and Murphy.
Noes: Council Members None.
Absent: Council Member Golonski.
|
1202-6
Downtown
Burbank
Stakeholders
Assoc. Outstanding
Balance |
Mrs. Stewart, Administrative Analyst, Community Development Department,
requested that the Council consider the options available for the use of
the outstanding fund balance of the former Downtown Burbank Business
Improvement District. She added that in July 1994, the Downtown Burbank
Business Improvement District No. 1 was formed as a tool for raising funds
to promote the Burbank Village. She noted that from the inception of the
District through June 30, 2003, the Downtown Burbank Stakeholders�
Association (Stakeholders) was given the authority to administer the funds
levied from the Business Improvement District, creating programs and
events in an effort to increase the commercial activity of the Burbank
Village. She added that each year, the Council renewed the management
agreement; however in June 2003, the Council did not renew the contract,
because the Property-Based Business Improvement District was created to
replace the Business Improvement District.
Mrs. Stewart informed the Council that after June 30, 2003, the
Stakeholders recognized that a fund balance of $7,049.43 existed; however,
since the management agreement expired, it was determined by the City
Attorney�s Office that the funds could no longer be expended under the
authority of the Stakeholders. She added that at the February 10, 2004
Council meeting, a check for this amount was presented to the City by Mary
Ann Sutliff, the former President of the Stakeholders, who suggested that
the funds be used on a project to commemorate the work of the
Stakeholders. Since expiration of the Stakeholders� contract, the Council
is the only body that has the authority to spend the funds.
Mrs. Stewart stated that in accordance with State law and the Fiscal Year
2002-03 Annual Levy Report, there are two options available for the use of
these funds: refunding the monies to the businesses that contributed the
funds; and, 2) spending the funds on one or more of the allowable uses
defined in the Annual Levy Report. She noted that this matter was
presented to the newly-formed Property-Based Business Improvement District
Board during the Board�s monthly meetings of February 23, 2004 and March
15, 2004. She stated that the Board had a number of questions and comments
and concluded that, given the turnover of businesses and the relatively
small amount of remaining funds, it would be impractical to refund what
may end up being a relatively small amount of money for each business.
She reported that the Board voted to study the matter and assist the
Council with determining the possible uses for the funds which staff would
then bring back for Council consideration.
|
Motion |
It was moved by Mrs. Ramos, seconded by Mr. Campbell and carried with Mr.
Golonski absent that �staff be directed to work with the Property-Based
Business Improvement District Board to determine an acceptable use of the
funds that is compatible with the overall public improvements that are
planned for the Downtown and that staff return to the Council once the
Board has formulated a recommendation.�
|
1503
BWP�s Public
Benefit Program � Project NOEL |
Mrs. Fletcher, Manager Customer Service, Burbank Water and Power (BWP),
reported that Neighbors Offering Emergency Love (Project NOEL) was
designed to assist BWP customers facing an unexpected financial emergency
such as the loss of a job, a family medical emergency or a death in the
family. She added that since the program�s inception in 1999, Burbank
customers have generously contributed to the fund, allowing BWP to help
over 300 customers maintain their utility services through difficult
times. Unfortunately, she noted that contributions to Project NOEL have
dwindled, and since November 2003, the City has only received $402 in
donations.
She informed the Council that staff proposed a three-pronged approach to
replenishing the fund, including: 1) limiting fund assistance to only that
amount needed for the current situation, rather than providing the maximum
level of assistance allowed by the program; 2) aggressively and
proactively marketing the program throughout the year rather than just
during the holiday season; and, 3) supplementing the fund with a one-time
$5,000 boost from the Public Benefits budget. She noted that low income
assistance is a qualified Public Benefit expense.
Mrs. Ramos inquired
as to whether staff would consider changing the name of the program since
it will become a year-round project.
|
Motion |
It was moved by Mrs. Ramos seconded by Mr. Vander Borght and carried with
Mr. Golonski absent that �staff be directed to supplement the Project NOEL
fund with funds in the amount of $5,000 from the Public Benefits budget.�
|
Ordinance
Submitted |
It was moved by Mr. Campbell and seconded by Mrs. Ramos that �Ordinance
No. 3636 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
|
501-1
Revision to the
Wood Shake/
Shingle Ordinance |
ORDINANCE NO. 3636:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING VARIOUS
SECTIONS OF THE BURBANK MUNICIPAL CODE RELATING TO WOOD ROOFS, WOOD
EXTERIOR WALL COVERINGS, AND BRUSH CLEARANCE.
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Ramos, Vander Borght
and Murphy.
Noes: Council Members None.
Absent: Council Member Golonski.
|
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 was
Eden Rosen, on
traffic congestion at the intersection of Victory Boulevard and Clark
Street.
|
Staff
Response
|
Members of the Council and staff responded to questions raised.
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 7:50 p.m. to Tuesday, April 20, 2004 at 5:00 p.m. in the
Council Chamber, for a Code Enforcement Study Session.
____________________________
Margarita Campos, City Clerk
|