|
Present- |
Council Members Campbell, Golonski, Vander Borght and Ramos. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Mr. Flad, Assistant City Manager; Mr. Barlow, City Attorney; and, Mrs.
Wilson, Deputy City Clerk.
|
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Oral
Communications |
There was no response to the Mayor�s invitation for oral communications on
Closed Session matters at this time.
|
|
5:14 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:
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|
|
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, 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.
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|
|
b. Conference with Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case: Sandra Ross v. City of Burbank.
Case No.: EC033862
Brief description and nature of case: Trip and fall on sidewalk
upheaval.
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|
|
c. Conference with Legal Counsel � Anticipated Litigation (City as
possible plaintiff):
Pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 1
|
|
|
d. Conference with Legal Counsel � Anticipated Litigation (City as
potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 2
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 7:03 p.m. by Mrs. Ramos, Mayor.
|
|
Invocation
|
The invocation was given by Mr. Kramer, Community Assistance Coordinator.
|
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Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Stella Arbelaez.
|
|
Present- |
Council Members Campbell, Golonski, Murphy, Vander Borght and Ramos. |
|
Absent - - - - |
Council Members None. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
301-1
Meritorious Act
By Mike Cisneros |
Mr. Hansen, Deputy
Director, Park, Recreation and Community Services/Senior and Human
Services, introduced Mike Cisneros, Burbank Transportation Services Driver
for 13 years, who assisted a downed Police Officer by blocking oncoming
traffic with his transportation van on
July 9, 2004.
Lieutenant Madrid presented a commendation to Mr. Cisneros from Chief
Hoefel and expressed appreciation. Mayor Ramos presented a Certificate of
Recognition to Mr. Cisneros for his meritorious service.
|
|
301-1
Community
Service Award
to
Stella Arbelaez |
Mrs. Stein, Deputy
Director, Park, Recreation and Community Services/Recreation Services,
introduced Stella Arbelaez. Mayor Ramos presented a Certificate of
Recognition to Mrs. Arbelaez for her outstanding volunteerism, community
vision and advocacy which resulted in the renovation of the Mountain View
Park Room to beautify the park and serve the residents of
Burbank.
|
|
7:18 P.M.
Hearing
1704-3
602
Appeal of CUP
No. 2003-28
Beer and Wine
Sales at 3701
Riverside Dr. |
Mayor Ramos stated
that �this is the time and place for the hearing on the review of the
Planning Board�s decision approving Conditional Use Permit 2003-28, a
request by Bob Kashani to authorize the issuance of a Department of
Alcoholic Beverage Control (ABC Type 20 license) for the businesses at the
property located at 3701 Riverside Drive. The subject property is zoned
MDC-3 Media District General Business. The Conditional Use Permit was
denied by the Planning Board on
June 14, 2004.�
|
|
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 |
Mr. Ochsenbein,
Senior Planner, Community Development Department, requested the Council
consider an appeal of the Planning Board�s decision to deny an application
for a Conditional Use Permit for the sale of alcohol for off-site
consumption at
3701 Riverside
Drive, a Chevron Station located within the MDC-2 Zone. He noted that
alcohol sales are generally regulated in the State by the Department of
Alcohol Beverage Control (ABC). He explained that ABC establishes
thresholds for the number of licenses for the sale of alcohol for off-site
consumption in each census tract and that the approval of any licenses
beyond the threshold requires the City to make findings of public
convenience or necessity.
Mr. Ochsenbein
stated that the subject property is located within Census Tract 3116 which
has a threshold of five licenses, noting that there are currently seven
licenses in the tract. Thus, in order to approve this application, he
stated that the Council would have to make a finding of public convenience
or necessity. He explained that in denying the application, the Planning
Board was unable to make the finding based on the proximity of other uses
that sell alcohol in conjunction with other retail items in the vicinity.
Additionally, he stated that the Planning Board was unable to make the
finding that the use will be compatible with other uses on the same lot.
He concluded with staff�s recommendation that the Council affirm the
Planning Board�s decision denying the application based on the inability
to make the finding for public convenience or necessity.
|
|
Applicant |
Sherry Olsen (and
Bob Kashani, owner of Chevron Food Mart, at the podium), requested that
the Council approve the Conditional Use Permit to allow the sale of beer
and wine at
3701 Riverside Drive. She stated that the license meets the public
convenience finding and requested similar privilege as other locations
have been granted. She informed the Council that 250 signatures have been
received in support of the license and noted the need to provide a one
stop shopping location in an effort to remain competitive.
|
|
Hearing
Closed |
There being no response to the Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
Motion |
Following Council deliberation, it was moved by Ms. Murphy and seconded by
Mr. Campbell that "the following resolution be passed and adopted:�
|
|
1704-3
602
Appeal of CUP
No. 2003-28
Beer and Wine
Sales at 3701
Riverside Dr.
|
RESOLUTION NO. 26,771:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AFFIRMING THE PLANNING
BOARD�S DECISION AND DENYING CONDITIONAL USE PERMIT NO. 2003-28 WITH
DEVELOPMENT REVIEW NO. 2002-32 (3701 Riverside Drive, Bob Kashani,
Property Owner). |
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy,
Vander Borght and Ramos.
Noes: Council Members None.
Absent: Council Members None.
|
|
7:30 P.M.
Hearing
410
404
Congestion
Management
Program |
Mayor Ramos stated that �this is the time and place for the hearing on the
City�s conformance with the Metropolitan Transportation Authority�s
Congestion Management Program and the adoption of the 2004 Local
Implementation Report.�
|
|
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 |
Mr. Kriske,
Transportation Analyst, Community Development Department, requested that
the Council approve the proposed resolution certifying that the City is in
compliance with the Los Angeles County Metropolitan Transportation
Authority�s (MTA) Congestion Management Program (CMP) and adopt the Local
Development Report (LDR) for the 2003-04 reporting period as required by
the CMP. He noted that unlike prior CMP years, the traditional credit and
debit method of tracking development versus transportation improvements
has been suspended this year while the MTA conducts a nexus study on the
feasibility of implementing a County-wide congestion mitigation fee in
lieu of the debit-credit system. He noted that the City is now only
required to report new development, demolition of existing development and
any exempted development, and does not have to compute debit points from
these developments and compare the debits to the credits earned through
improvements. Thus, the 103,590 point surplus accrued by the City under
the Program from prior years is maintained pending the result of the
study. He added that all cities, such as
Burbank,
that currently have credit surpluses will continue to be in compliance
with this portion of the CMP and will maintain eligibility for Proposition
111 State Gas Tax revenues.
|
|
Citizen
Comment |
Appearing to comment was Mike Nolan on Department of Housing and Urban
Development
grant funding and on the implications of not conforming with the
Congestion Management Plan.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Motion |
Following Council deliberation, it was moved by Ms. Murphy and seconded by
Mr. Campbell that "the following resolution be passed and adopted:�
|
|
410
404
Congestion
Management
Program
|
RESOLUTION NO. 26,772:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK FINDING THE CITY TO BE
IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE
LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH GOVERNMENT CODE SECTION
65089. |
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy,
Vander Borght and Ramos.
Noes: Council Members None.
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 |
Mrs. Ramos called for speakers for the initial open public comment period
of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Donna Stebbeds, Mark
Stebbeds, Phil Berlin, Carolyn Berlin, Michael Bergfeld, Ron Vanderford,
David Piroli, and, Howard Rothenbach, on Airport matters; Mark Barton, on
the downtown wayfinding signage program; James Schad, expressing
appreciation to the staff and volunteers at the Animal Shelter and
requesting that the Council enforce the sale of the B-6 property; Eden
Rosen, on the City�s distribution of information on the West Nile Virus
and on parking matters; Rose Prouser, expressing disappointment that the
National Aeronautics and Space Administration Channel has been removed
from the Cable Television programming, expressing appreciation for the new
street lights installed in her neighborhood, inquiring as to the status of
Phase 2 of the AMC Theaters parking structure and commenting on the
passage of Measures B and A; and, Esther Espinoza, on a tree trimming
request by the City and on the barricades in front of her home.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Agenda Item
Oral Communications |
Mrs. Ramos called for speakers for the agenda item oral communications at
this time.
|
|
Citizen
Comment |
Appearing to comment were
Gordana Lewis,
Theresa Gunnell and Bob Estrella, playing a videotape depicting the
activities of the Killer Boot Camp; Ross Gunnell, stating that he produced
the videotape and was in turn served with a restraining order, and
requesting that the Killer Boot Camp not be allowed to operate prior to
7:00 a.m.; Zorica Tanaskovic, on permit criteria for operation of private
businesses on public property; Esther Espinoza, expressing appreciation to
the Burbank Housing Corporation for remodeling a facility her family is
moving into and expressing concern with possible rent raises in the
future; Mike Nolan, on retaining legal counsel and requesting a copy of
the letter submitted to Los Angeles Police Chief Bratton with regard to
the claim filed against the City; and, Eden Rosen, in support of banning
commercial activities in City parks.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Jt. Mtg. with
Redev. Agency,
Housing
Authority, Parking Authority and
YES Fund Board
802-1
Treasurer�s Report
|
Ms. Anderson, City Treasurer, presented a report on investment and
reinvestment of temporarily idle funds for the quarter ending June 30,
2004.
The Council noted and filed the report.
|
|
Motion |
It was moved by Ms. Murphy and seconded by Mr. Vander Borght that "the
following items on the consent calendar be approved as recommended.�
|
|
1007-1
1009-1
Establish Spec.
And Salary for
Sanitation
Leadworker |
RESOLUTION NO. 26,773:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE
AND CLASSIFICATION OF SANITATION LEADWORKER (CTC No. 0736) AND PRESCRIBING
CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.
|
|
213
Authorization to
Retain Outside
Counsel |
RESOLUTION NO. 26,774:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY
ATTORNEY TO RETAIN OUTSIDE COUNSEL.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy,
Vander Borght and Ramos.
Noes: Council Members None.
Absent: Council Members None.
|
|
604
Banning Commercial Activity on City-
Owned Property
Without Proper
Permits |
Mr. Hansen, Deputy
Director, Park, Recreation and Community Services/Health and Human
Services, provided a report updating the Council on the adopted ordinance
banning private commercial or revenue-producing activity on City-owned
property without proper permits. He also requested Council approval to
amend Article IX of Resolution No. 26,737, of the Burbank Fee Schedule
relating to parks and recreation fees. He recounted that on May 18, 2004,
the Council approved adding Section 5-801.1 to the Burbank Municipal Code
banning commercial activity on City-owned property without proper permits
and directed staff to take this issue back to the Park, Recreation and
Community Services Advisory Board (Park Board) to establish a general
statement of policy and criteria to best serve the recreation needs of
every person who desires to lawfully utilize public, recreation or park
facilities.
Mr. Hansen reported
that at the June 10, 2004 Park Board meeting, staff was directed to work
with a subcommittee of two Park Board members on recommending guidelines
for issuance of park permits for commercial uses on City-owned property.
He discussed the subcommittee�s recommended guidelines which included:
impact on neighborhoods; impact on the surrounding area; whether the
proposed commercial activity was in the public�s interest; adverse impacts
of the activity upon the general public and upon park facilities; and,
whether the type of commercial activity is consistent with a recreational
use or a use typically permitted in park facilities. He then discussed the
Park Board�s recommended guidelines.
Mr. Hansen informed
the Council that the Fee Resolution relating to parks and recreation fees
has been altered and expounded to: correct the resident/non-resident
standard application fee; add a non-resident fee for groups larger than
500; add commercial groups use fees; add a non-refundable application fee
of $185; and, add any direct staffing costs as determined by the Director
or his designee. In addition, he stated that there are some minor changes
related to descriptive terms such as changing fees for group picnics to
group activities.
Staff was directed
to re-examine the fee structure to provide more economical fees for small
commercial uses that have less impact on park facilities, such as pitching
coaches with single clients. In addition, the Council indicated that fees
for permit renewals should cost less if a significant amount of work is
not required of staff due to changing circumstances. Also, staff was
directed to create an appeals process for commercial use permits that will
provide for any impacted parties, such as adversely impacted neighbors, to
file appeals. The Council also expressed a desire for an appeal process
specifically for recreational and commercial park facilities use permits.
Lastly, the Council directed that the Director�s guidelines include a
term limit on the duration of any approved permit.
|
|
10:22 P.M.
Ms. Murphy
Left the Meeting |
Ms. Murphy left the meeting at this time.
|
|
409
Voting Rep. for
League of Calif.
Cities in Long
Beach |
Ms. Dolan,
Administrative Analyst, City Manager�s Office, requested that the Council
select a representative and alternate to vote on behalf of the City at the
annual business meeting held during the League of California Cities 2004
Annual Conference scheduled for Friday, September 17 through
Sunday, September
19, 2004 in
Long Beach.
She explained that at the annual business meeting, the membership takes
action on conference resolutions which guide cities and the League in
efforts to improve the quality, responsiveness and vitality of local
government in California. She noted that the annual business meeting will
take place on Sunday, September 19, 2004, at 10:15 a.m. at the Long Beach
Convention Center.
|
|
Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Campbell and carried
with Ms. Murphy absent that �Mrs. Ramos be appointed as the delegate with
Mr. Vander Borght as the alternate.�
|
|
201-2
Work Program
For City Treasurer,
Management Svcs. Dept. and
Park, Recreation
And Community
Services Dept. |
Ms. Anderson, City
Treasurer, presented the work program goals and performance indicators for
the City Treasurer�s Office.
Mrs. Sarquiz,
Management Services Director, presented the work program goals and
performance indicators for the Management Services Department.
Mr. Hansen, Deputy
Director, Park, Recreation and Community Services/Health and Human
Services, presented the work program goals and performance indicators for
the Park, Recreation and Community Services Department.
|
|
11:11 P.M.
Reconvene Redev. Agency,
Housing Authority, Parking Authority and
YES Fund Board
Meetings |
The Redevelopment Agency, Housing Authority, Parking Authority and Youth
Endowment Services Fund Board meetings were reconvened at this time.
|
|
Final Open
Public Comment
Period of Oral
Communications |
Mrs. Ramos called for speakers for the final open public comment period of
oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Bob Estrella,
expressing disagreement with the dusk to dawn provision for conducting
private businesses on public property and requesting that the permit state
a specific time; Ross Gunnell, on the operation of the Killer Boot Camp
and requesting that the business not be issued a permit to operate on
public property; Zorica Tanaskovic, on the application of zoning
ordinances to specific businesses and on the revocation process for
commercial activity permits; and, Mike Nolan, on attempts to record a
Notice of Failure to Execute a Development Agreement.
|
|
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 11:26 p.m.
Margarita Campos, City Clerk
|
