|
Present- |
Council Members Campbell, Golonski and Ramos. |
|
Absent - - - - |
Council Members Murphy and Vander Borght. |
|
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.
|
|
4:35 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, 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.
|
|
|
b. Name of Case: Nolan v. Alvord.
Case No.:
BS092136
Brief description and nature of case:
Injunctive Relief.
|
|
|
c. Conference with Legal Counsel � Anticipated Litigation (City as
potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 1
|
|
|
d. Conference with Legal Counsel � Anticipated Litigation (City as
possible plaintiff):
Pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 1
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:42 p.m. by Mrs. Ramos, 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 Crystal Rachal.
|
|
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
Donation from
Target Stores |
Chief Hoefel
introduced Officer Cameron Brown, McGruff the Crime Dog and Matt Brophy,
representing Target Stores, who presented a donation to the Police
Department in the amount of $1,580. Chief Hoefel presented a certificate
of appreciation to Target Stores from the Police Department.
|
|
301-1
National Teen
Read Month |
Mayor Ramos
presented a proclamation in honor of National Teen Read Month to Melissa
Gwynne, Senior Librarian.
|
|
301-1
Youth Programs
Supporter
Recognition |
Randy Karraker,
Administrative Analyst II, and Sommer Barwick, Administrative Analyst I,
Management Services Department, briefly described a variety of City youth
employment and educational outreach programs, and expressed appreciation
to the Youth Employment supporters. Mayor Ramos presented Certificates of
Recognition to representatives of the following Youth Employment
supporters: Burbank Association of Realtors; Fagerholm and Jefferson Law
Corporation; Cinema Secrets; A+ Care; Boys and Girls Club of Burbank;
Burbank Unified School District Summer Youth Employment Programs; Ultimate
Tae-Kwon Do; DeBell Clubhouse; Burbank Temporary Aid Center; Affinity
Court Reporters; Burbank Chamber of Commerce; Road Kings of Burbank;
Workability Foothill Selpa; Bob Hope Airport; and, Baskin-Robbins Ice
Cream.
|
|
301-1
State of the
State Address
By Senator
Jack Scott |
Mayor Ramos
introduced Senator Jack Scott, who delivered a State of the State address.
|
|
Reporting on
Council Liaison
Committees
|
Mr. Vander Borght
reported on the Transit Task Force meeting he attended with Mr. Campbell.
|
|
7:26 P.M.
Hearing
1704-3
602
CUP 2004-42
(1209 E.
Elmwood) |
Mayor Ramos stated
that �this is the time and place to consider the appeal of the Planning
Board�s approval of Conditional Use Permit for Project No. 2004-42. The
Applicant, Dr. Raffi Margossian, has requested approval to enlarge an
existing pad in the hillside area and to construct an accessory
structure. The decision has been appealed by the Applicant, Dr.
Margossian, Garnik Mnatsakanyan, and Lyle Hall.�
|
|
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. Bowler,
Assistant Planner, Community Development Department, requested that the
Council consider three appeals of the August 9, 2004 Planning Board
approval of a Conditional Use Permit (CUP) for Project No. 2004-42. He
explained that the CUP was to allow grading for the expansion of an
existing level building pad in the hillside area and to allow construction
of a 396 square-foot accessory structure with a three-quarter bath on the
property located at
1209 East Elmwood
Avenue in the R-1 Zone. He added that the applicant intends to build a
7,290 square foot house on the enlarged building pad. With the aid of an
aerial photograph, he identified the subject property, proposed structure
location and surrounding uses, and noted that the property is accessed via
a 20-foot-wide private driveway serving this and three other lots created
by Parcel Map No. 25082 in 1999.
Mr. Bowler reported that based on public comment, the Planning Board
approved the CUP subject to several conditions, including: brush clearance
on a neighboring property; a ten-foot setback for the main dwelling; an
eight-foot setback from the edge of the road for the accessory structure;
and, completion of a traffic safety study for the access driveway with a
recommendation for installing a guardrail, and requiring that the
guardrail be installed prior to approval of the grading permit. He added
that the Planning Board provided that the guardrail requirement could be
waived upon review of the traffic engineer�s report.
Mr. Bowler informed
the Council that Dr. Raffi Margossian, applicant, is appealing the
condition of the traffic engineer�s study and installation of the
guardrail, noting that the expense is onerous and should be shared by all
users of the driveway. He also added that a CUP for a neighboring property
was approved for similar grading last year and was not required to improve
the driveway.
Mr. Bowler also
reported that Mr. Lyle Hall, owner of
722 Wilson Court
adjacent to the access driveway, is appealing the language of the
condition that allows the Board to waive the guardrail requirement and is
requesting to keep the option of further legal action open. He also added
that Mr. Garnik Mnatsakayan, owner of adjoining property at 1203 East
Elmwood Avenue, is appealing the approval of the accessory structure due
to its potential visual and audible impacts on his property.
Mr. Bowler noted
staff�s finding that the traffic safety improvements should be installed
and implemented as recommended by the traffic engineer. He also added that
the City has no authority to require that other property owners share in
the cost, as previous approvals regarding the access driveway, including
the Parcel Map, cannot be revisited at this point, and the City is not
party to the maintenance declaration recorded for the property. He
concluded with staff�s recommendation against approval of the CUP with
respect to the accessory structure.
|
|
Appellant |
Dr. Raffi Margossian
gave a brief history on the acquisition of the property, noted that the
guardrail is approximately 600 feet away from his property and that the
installation expense is onerous and should be shared by all driveway
beneficiaries. He also noted that a CUP for a neighboring property was
approved for similar grading last year and was not required to improve the
driveway. He requested that a condition be placed on any future permits on
the four properties served by this driveway that a contribution be made
towards the cost of installing the guardrail; inquired as to whether the
City could participate in any manner to subsidize the cost of the
guardrail installation; and, that he be allowed to build the guardrail and
retaining wall at the same time to minimize costs.
Andrew Cervik,
representing Dr. Margossian, addressed issues with regard to the accessory
structure.
Ms. Odalis Suarez,
representing Mr. Garnik Mnatsakayan, requested that the structure be
adjacent to the main building pad for aesthetic and environmental reasons.
She also cited several other concerns, including: visual and audible
impacts; traffic and safety issues; parking issues; architectural
significance; drainage issues; and, brush clearance requirements.
Mr. Lyle Hall, owner
of 722 Wilson
Court adjacent to the access driveway, elaborated on his appeal of the
language that provides the Board the ability to waive the guardrail
requirement, noting safety concerns.
|
|
Citizen
Comment |
Appearing to comment
were: Carolyn Baker, citing drainage and safety concerns; Ron Vanderford,
in support of Mr. Hall�s comments with regard to the installation of the
guardrail; and, Esther Espinoza, in support of Dr. Margossian�s request
that all four property owners share the cost of installing the guardrail.
|
|
Rebuttal |
Dr. Margossian
expressed his willingness to proceed with the guardrail installation but
requested that the Council make a final decision so that his project could
proceed.
Andrew Cervik,
representing Dr. Margossian, addressed concerns regarding water runoff;
requested that the City pay for part of the guardrail installation;
commented on the placement of the house on the pad; addressed parking
concerns; and, noted that the accessory structure is in close proximity to
the main house.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Council
Deliberation |
The Council
acknowledged the need for the guardrail but expressed concern with
assessing Dr. Margossian for the full installation cost whereas it
benefits the other lots. The Council suggested establishing a condition
that subsequent construction projects on the lots served by the guardrail
participate in the payment for these improvements and that a mechanism be
set up so that reimbursement can be made to Dr. Margossian within a
five-year term.
Mr. Golonski
indicated support for the location of the accessory structure but
expressed concern with the brush clearance requirement of 200 feet as a
result of structures being built on adjacent properties.
Ms. Murphy stated
that she could not make the findings necessary to approve the accessory
structure.
Mr. Vander Borght
indicated that he would approve of the accessory structure if the bathroom
was reduced to a half- bath and the structure�s setback was increased to
eight feet as recommended by staff.
Mr. Campbell
expressed concern with the five-foot setback for the accessory structure
as opposed to the eight feet recommended by staff. He also stated that the
proposed location for the accessory structure was not ideal noting its
proximity to
Lot 4 and expressed his preference for the structure to be closer to the
main dwelling. He added that he could not make the findings to approve the
accessory structure and encouraged staff to work with the property owner
to find a more suitable location.
Mrs. Ramos was in
agreement in terms of the location and size of the accessory structure and
noted the need for increased setback.
|
|
Motion |
It was moved by Mr.
Vander Borght and seconded by Ms. Murphy that "the following resolution be
passed and adopted with respect to the expansion of the building pad with
a requirement for the guardrail as called for in the traffic safety report
and with the added condition that a mechanism be set up through the City
so that reimbursement can be achieved by the property owner within the
five-year term if the other property owners choose to build within that
timeframe.�
|
|
1704-3
602
CUP 2004-42
(1209 E.
Elmwood)
|
RESOLUTION NO. 26,805:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE
CONDITIONAL USE PERMIT OF PROJECT NO. 2004-42 (1209 East Elmwood Avenue).
|
|
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.
|
|
Motion |
It was moved by Mr.
Vander Borght, seconded by Mr. Golonski and carried with Mrs. Ramos voting
no �to approve a half-bath only and that the accessory structure be set
back eight feet as recommended by staff.
|
|
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 |
Mrs. Ramos called
for speakers for the initial open public comment period of oral
communications at this time.
|
|
Citizen
Comment |
Appearing to comment
were: Gary Peterson on Airport matters; Thos Peterson, Roland V. Stewart,
Bonnie Jue, Herb Vincent, David Harris and Joe Terranova, in support of
the Council negotiating the best agreement with the Airport; Sam Asheghian,
distributing tickets for the Kiwanis pancake breakfast and in support of
negotiating an agreement; Eva Sippel, in support of reinstating the Kennel
Attendant position at the Animal Shelter; Don Elsmore, on the Airport
Development Agreement; Mark Stebbeds, on Measure B; Michael Bergfeld, on
the Trust Agreement provisions with regard to the B-6 Property; Esther
Espinoza, on citizen participation in decision making; Rose Prouser, in
opposition to the proposed Airport Development Agreement; Carolyn Berlin,
on the proposed Airport Development Agreement and the B-6 Property; Phil
Berlin, reading from the Burbank Leader issue of June 6,1998 regarding
local control and requesting that the proposed Airport Development
Agreement be put before the voters; Eden Rosen, on pollution by lawn
mowers and on traffic issues; Howard Rothenbach, on the proposed Airport
Development Agreement; Ron Vanderford, requesting the Council respond to
questions with regard to the possibility of a 27-gate terminal; David
Piroli, noting Bob Hope Airport is a member of the Burbank Chamber of
Commerce; Mark Barton, on the Downtown Wayfinding Signage Program; and,
Laverne Thomas, on the use of a hand microphone by physically disabled
residents.
|
|
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 Michael Bergfeld, on Measure B, and the Public Utilities Code as to
the definition of terminal; Ron Vanderford, on the possibility of a
27-gate terminal and subdivision of the B-6 property; Rose Prouser, on
local authority over the A-1 North property, the Mitigated Negative
Declaration, the proposed Airport Development Agreement and lack of an
Airport master plan; Carolyn Berlin, requesting that the Council require
an Environmental Impact Report (EIR) and a master plan for Airport
development; Phil Berlin, on Measure B and expressing concerns with
zoning changes, nighttime noise relief and the loss of potential Sales Tax
on the B-6 property; Mark Stebbeds, requesting the preparation of a full
EIR for Airport development; Eden Rosen, in opposition to the Mitigated
Negative Declaration; Howard Rothenbach, inquiring as to the employment
status of the City�s special counsel, expressing concerns with the
Mitigated Negative Declaration and the applicability of Measure B; Esther
Espinoza, on the Mitigated Negative Declaration; David Piroli, on the
Mitigated Negative Declaration and lack of a written proposed Airport
Development Agreement and Airport master plan; Mike Nolan, on the B-6
property; and, Mark Barton, on the Downtown Wayfinding Signage Program.
|
|
Staff
Response |
Members of the
Council and staff responded to questions raised.
|
|
10:48 P.M.
Recess |
The Council recessed
at this time. The meeting reconvened at
11:06 p.m. with all
members present.
|
|
Jt. Mtg. with
Redev. Agency
1401
1103
1102
1400
BS R-1167
Downtown
Wayfinding
Signage Program |
Mr. Garcia,
Redevelopment Project Analyst, Community Development Department, requested
that the Council and Redevelopment Agency Board approve the Downtown
Wayfinding Signage Program and award Bid Schedule (BS) No. R-1167 to
Fluoresco Lighting & Signs Inc. He explained that the intent of the
Wayfinding Signage Program is to guide visitors from the freeway exits to
Downtown Burbank, as well as guide motorists to various destinations and
available parking in Downtown Burbank. He added that the Wayfinding
Signage Program consists of 101 signs which include freeway off-ramp
directional signs, primary and secondary directional signs, parking
identification and district identification signs. He informed the Council
that BS No. R-1167 was advertised on
July 28, 2004 and
July 31, 2004 in the Burbank Leader and of the fourteen sets of plans sold
to prospective bidders, eleven of which attended the mandatory walk
through, staff received only two bids as follows: Fluoresco Lighting &
Signs Inc., $134,905.05; and, Absolute Sign Inc., $249,651.05.
Mr. Garcia reported
that initially, the difference in the cost of the two proposals seemed
unusual; however, based on comments received by Hunt Design Associates,
the difference can be attributed to a conservative estimate by Absolute
Sign Inc. across every individual bid item. Further, he stated that
Absolute Sign Inc. has the added cost of subcontracting out some of the
work, whereas Fluoresco Lighting & Signs Inc. will not have any
subcontractors on the project. He noted that currently, Fluoresco Lighting
& Sign Inc. is working on two other projects that were designed by Hunt
Design Associates for the cities of
Los Angeles and Long
Beach, who have not experienced any problems with Fluoresco Lighting &
Signs Inc. He also stated that the Wayfinding Signage Program is funded by
the Downtown Property-Based Business Improvement District, known as
Burbank Partners.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Ms. Murphy that �the
following resolution be passed and adopted:�
|
|
1401
1103
1102
1400
BS R-1167
Downtown
Wayfinding
Signage Program |
RESOLUTION NO. 26,806:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE DOWNTOWN
WAYFINDING SIGNAGE PROGRAM.
|
|
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.
|
|
Redev. Reso
Adopted |
Redevelopment
Resolution No. R-2117 Approving and Adopting Contract Documents, Plans and
Specifications, and Determining the lowest Responsible Bidder, Accepting
the Bid, and Authorizing Execution of a Contract for the Downtown
Wayfinding Signage Program, Bid Schedule No. R-1167 was adopted.
|
|
Motion |
It was moved by Mr.
Campbell and seconded by Ms. Murphy that "the following items on the
consent calendar be approved as recommended.�
|
|
304-1
801-2
Donation to
Police Dept.
from Target |
RESOLUTION NO. 26,807:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING FISCAL YEAR
20-4-2005 BUDGET FOR THE PURPOSE OF ACCEPTING TARGET STORES� DONATION OF
$1,580.
|
|
703
Agmt. with
Steve Starleaf
For Tennis
Center |
RESOLUTION NO. 26,808:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT
BETWEEN THE CITY OF BURBANK AND STEVE STARLEAF, INC. GRANTING AN EXCLUSIVE
RIGHT AND LICENSE TO USE THE BURBANK TENNIS CENTER AND TO OPERATE A TENNIS
PROGRAM.
|
|
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.
|
|
406
Neg. Dec. for
Airport Dev.
Agmt. |
Mr. Forbes, Senior
Planner, Community Development Department, requested that the Council
provide input for the City�s comment letter regarding the Mitigated
Negative Declaration (MND) prepared by the Burbank-Glendale-Pasadena
Airport Authority (Authority) for the proposed Development Agreement
between the Authority and the City. He stated that pursuant to the
California Environmental Quality Act (CEQA), the public agency carrying
out the project acts as the lead agency to prepare and approve the
environmental document and that any public agency other than the lead
agency that has discretionary approval authority over a proposed project
is considered a responsible agency. He noted that as a responsible agency,
the City cannot accept comments on behalf of the lead agency and is not in
a position to forward comments from the public to the lead agency. He
urged that any persons desiring to submit comments about the proposed MND
must do so in writing directly to the Authority by or before
October 18, 2004.
Mr. Marrero, Airport
Executive Director, noted that the foundation of the proposed Development
Agreement is an attempt to resolve a number of issues that exist between
the City and the Authority. He noted the need to jointly seek meaningful
nighttime noise relief, responded to concerns expressed by the public, and
elaborated on the different aspects of the proposed Development Agreement.
Mr. David Full,
Environmental Science Associates, gave an overview of the MND noting that
the project description included: a development agreement that would limit
Airport development for seven years and prohibit a new terminal for ten
years; four specific construction projects, acquisition, development and
use of the A-1 North property for public parking and rental cars,
relocation of Lot A, completion of Taxiway D and realignment of the
Terminal Loop roadway; and, modification of some City ordinances with
regard to noise insulation and Federal Aviation Regulation Part 77
compliance.
Following Council
deliberation, staff was directed to prepare a comment letter for
submission to the Airport Authority regarding the MND, including:
1) A need for
mitigation measures to address emissions from buses particularly Nitrogen
Oxides and Particulate Matter;
2) A requirement
that all construction-related diesel equipment apply emission control
devices particularly after treatment. In addition, any exemptions must be
based on a written finding following market research and that the City and
community must be notified as exemptions are granted;
3) Clarification
that the MND is dependent on a development agreement and acknowledgement
that the MND process without an agreement is flawed;
4) Clarification
about a possible discrepancy between the MND and the Development Agreement
on the continued use of the B-6 property for rental car storage; and,
5) The comments
recommended by the Planning Board.
|
|
1702
IDCO
R-1, R-1-E,
R-1-H Single-
Family Residential
Zones |
Mr. Forbes, Senior
Planner, Community Development Department, provided the Council with an
update on the status of the Interim Development Control Ordinance (IDCO)
that provides interim development standards for the R-1, R-1-E and R-1-H
single-family residential zones. He noted that the Council is not required
to take any action regarding the IDCO and that a public hearing has been
scheduled on
October 26, 2004
for the Council to consider extending the IDCO. He noted that the public
will again have the opportunity to provide input at that hearing.
The Council noted
and filed the report.
|
|
1007
Kennel Attendant Position |
Police Chief Hoefel
reported that during the City�s Fiscal Year (FY) 2004-05 budget process,
the Police Department eliminated
one Kennel Attendant position. He explained that Kennel Attendants are
responsible for the hands-on care of the animals and maintenance of the
shelter. He added that historically, the Animal Shelter operated with one
Kennel Attendant, but in FY 2000-01, the Police Department increased
staffing to two Kennel Attendants due to more animals entering the shelter
and animals being kept for longer periods of time. He also noted that
when Kennel Attendants are not available, Animal Control Officers are
required to perform their duties, decreasing patrol time and extending
response time to calls for service.
Chief Hoefel
informed the Council that Council Member Golonski requested that the issue
be agendized and that this is the first step in the process.
Staff was directed
to bring back a report to reconsider the Kennel attendant position.
|
|
Ordinance
Submitted |
It was moved by Ms. Murphy and seconded by Mr. Campbell that �Ordinance
No. 3652 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
|
|
500
Green Building
Ordinance |
ORDINANCE NO. 3652:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING ARTICLE 20 TO
CHAPTER 7 OF THE BURBANK MUNICIPAL CODE RELATING TO THE VOLUNTARY GREEN
BUILDING AND SUSTAINABLE ARCHITECTURE PROGRAM.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy,
Vander Borght and Ramos.
Noes: Council Members None.
Absent: Council Members None.
|
|
12:25 A.M.
Reconvene Redev. Agency Meeting |
The Redevelopment Agency meeting was 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 was
Mike Nolan,
on the proposed Airport 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 12:28 a.m.
____________________________
Margarita Campos, City Clerk
|
