|
Present- |
Council Members Campbell, Golonski, Murphy and Ramos. |
|
Absent - - - - |
Council Member Vander Borght. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Oral
Communications |
Mayor Ramos called for oral communications on Closed Session matters at
this time.
|
|
Citizen
Comment |
Appearing to comment was
Mike Nolan, in
opposition to an advertising billboard proposed at the City�s Recycling
Center located at 500 South Flower Street.
|
|
5:11 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. 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. Conference with Real Property Negotiator:
Pursuant to Govt. Code
�54956.8
Name of Agency Negotiator:
Community Development Director/Susan M. Georgino.
Property:
Burbank Entertainment Village Project Phase II (bounded by Palm Avenue,
First Street, the back of businesses along San Fernando boulevard, and a
portion of the block where the AMC 14 was formerly located next to the
Orange Grove parking structure.
Parties With Whom Agency is Negotiating:
Bob Champion (Champion Development), 11601 Wilshire Boulevard, Suite 1650,
Los Angeles, California 90025. Chuck Stilley, American Multi Cinema (AMC),
920 Main Street, Kansas City, Missouri 64105.
Name of Contact Person:
Jennifer Mack, Redevelopment Project Manager.
Terms Under Negotiation:
Purchase of property (potential exercise of option).
|
|
|
c. Conference with Real Property Negotiator:
Pursuant to Govt. Code
�54956.8
Name of Agency Negotiator:
Community Development Director/Susan M. Georgino.
Property:
A new advertising sign (billboard) is being proposed on City property at
the Recycling Center located at 500 South Flower Street which is bounded
by Verdugo Avenue and Providencia Avenue.
Party With Whom Agency is Negotiating:
Ken Spiker and Associates, Inc. representing Clear Channel Outdoor, Inc.
Name of contact Person:
Ruth Davidson-Guerra, Assistant Community Development Director/Housing and
Redevelopment.
Terms Under Negotiation:
Possible lease of City property to Clear Channel.
|
|
|
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 6:44 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 Doris Vick.
|
|
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
National Family
Caregivers Month |
Mayor Ramos
presented a proclamation in honor of National Family Caregivers Month to
Sami Lomax, facilitator for the caregivers support group that meets at the
Joslyn Adult
Center.
|
|
301-1
World War II
Veterans |
Mayor Ramos
recognized the following World War II Veterans who are
Burbank
residents: Melvin J. Brown; Genevieve H. Cadmus; Richard L. Cannon; David
K. Elliot; Sam Ezrol; George Kirkpatrick; Earl Morrison; John Peebles;
Bill Vick; and, Doris Vick. She commended them individually for their
service and bravery in defending the country during World War II, and
expressed richly-deserved gratitude to them.
|
|
7:14 P.M.
Jt. Hearing with
Redev. Agency
1702
AMC Phase II |
Mayor Ramos stated that �this is the time and place for the joint public
hearing of the Redevelopment Agency and the Council of the City of Burbank
regarding the former AMC 14 Site that is the second phase of the AMC
Project. The Applicants are Burbank Entertainment Village, L.L.C.,
American Multi-Cinema, Inc., and Champion Realty, Ltd. The various
components of this project are:
-
A Mitigated Negative Declaration;
-
A Second Implementation Agreement to the Owner Participation Agreement
between the Agency, AMC, and Burbank Entertainment Village;
-
An Amended and Restated Owner Participation Agreement between the Agency
and Champion Realty;
-
An Amendment to Planned Development 98-2 with an Amendment to the
Development Agreement; and
-
Planned Development No. 2003-2 with Development Agreement Related
Thereto.�
|
|
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 |
Ms. Mack,
Redevelopment Project Manager, Community Development Department, requested
Council and Redevelopment Agency (Agency) Board consideration of the
proposed development of the former AMC 14 Site by Champion Development,
Inc. (Champion). She explained that the subject site is located on the
block bounded by
Palm Avenue, First
Street, Orange Grove Avenue and the back of businesses along
San Fernando
Boulevard,
within the City Centre Redevelopment Project Area.
Ms. Mack informed
the Council that the proposed project consists of 50,000 square feet of
ground level retail and restaurant space with 118 for-sale condominium
units located above. She added that the project would also include a
734-space multi-level subterranean and above-grade parking structure which
is designed to provide private, gated parking for the residential units,
parking for the retail/restaurant uses and accommodate 276 additional
public parking spaces, above and beyond the required parking demand for
the project. Also, she noted that 15 percent of the condominium units will
be made available to low and moderate-income households.
Ms. Mack reported
that Phase I improvements were completed in June 2003 by AMC, including
completion of the AMC 16 theaters, retail and restaurant uses, and a
parking structure. She added that improvements approved for Phase II
included additional retail and restaurant uses and a parking structure.
She noted that the former AMC 14 theater structure was demolished in July
2003 and the Phase II site is currently vacant. She reported that because
the proposed Phase II development includes changes to the
previously-approved project design, density and land uses, Champion has
requested the separation of Phase I and II improvements to reflect
separate ownership for each phase.
Mr. Ochsenbein,
Senior Planner, Community Development Department, reviewed the proposed
project entitlements; an amendment to Planned Development No. 98-2 and a
new Planned Development No. 2003-2 with Development Review No. 2003-50. He
noted that the proposed project has been reviewed by the Property Based
Business Improvement District, the Downtown Parking Management Committee
and the Planning Board. He added that the Planning Board approved the
project with modifications on
October 11, 2004,
and noted that the modifications have been incorporated into the proposed
Conditions of Approval. With a visual aid, he discussed the site plan and
the residential, commercial, parking and signage components of the
project.
Mr. Ochsenbein
reported that pursuant to the requirements of the California Environmental
Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the
project indicating that the project would not result in a significant
impact to the environment with the proposed mitigation measures. He noted
that the project required mitigation for air quality and noise impacts
during construction. He added that the incorporated mitigation measures
include restriction on construction hours, and requirement of soil
watering and clean burning equipment. He also reported that no significant
traffic impacts were identified for the area.
Reporting on the
Agency approvals, Ms. Mack stated that a Second Implementation Agreement
to the approved Owner Participation Agreement (OPA) and an Amended and
Restated OPA have been negotiated to separate the obligations and
responsibilities of AMC for the Phase I project, as currently approved and
built, from the obligations and responsibilities of Champion for the
proposed Phase II project. She then discussed the salient provisions of
the proposed Amended and Restated OPA and the projected fiscal impact of
the project. She noted that when comparing the total Agency costs
associated with the proposed project (approximately $10.4 million) with
anticipated Agency revenue (approximately $14.3 million), the net revenue
to the Agency is projected at $3.9 million in present value terms. She
also discussed the project schedule, noting that completion is scheduled
for Fall 2007.
Ms. Mack concluded
that the proposed Collection at Downtown Burbank (AMC Phase II Project)
will help fulfill the goals of the Downtown revitalization strategy by
building upon the desired 24-hour, seven-days-a-week Downtown population,
which will further enhance the Downtown area and help support existing
businesses and Agency investments. She added that the project will build
upon the entertainment synergism created by the new AMC 16 theaters as
part of the AMC project. Furthermore, she stated that the proposed project
supports the goals of the City Centre Redevelopment Plan as well as
provides additional units to the City�s affordable housing inventory. She
also noted that the proposed project will help improve the financial
strength of the City and Agency by generating approximately $350,000 in
new Sales Tax revenues each year and approximately $3.9 million in net new
Agency revenues. |
|
Applicant |
Bob Champion, Chief
Executive Officer and Founder, Champion Development, Inc., provided a
brief overview of the company and described several projects recently
accomplished by his company. He also addressed concerns related to the
proposed signage.
Winston Chang,
Architect, Champion Development, Inc. addressed the design and
architectural aspects considered for the various project components. |
|
Citizen
Comment |
Appearing to comment were:
Dave Siemienski,
Mark Barton and Sam Asheghian, in support of the proposed project; Eden
Rosen, Howard Rothenbach and Dink O�Neal expressing concerns about the
project; and, Ron Vanderford, Theresa Karam, Mike Nolan, Jesse Byers and
Esther Espinoza, in opposition to the project.
|
|
Rebuttal Comments
|
Mr. Champion
responded to public comment with regard to: proposed signage; the
mixed-use nature of the project; the acoustical measures taken; the
provision of operable windows; and, the separation of vertical
transportation systems for residents and retail tenants.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Council Deliberation |
Ms. Murphy expressed
opposition to the proposed electronic signage but supported the mixed-use
nature of the project.
Mr. Campbell also
expressed opposition to the electronic signage, requested that a
ventilation system for the bay area be provided to avoid trucks� emissions
creeping into the building and supported the mixed-use nature of the
project. He also noted that the project will encourage transit
opportunities but expressed concern with the CEQA process with regard to
evaluating potential project impacts.
Mr. Golonski
expressed opposition to the proposed electronic signage and the provision
of tandem parking for the residential units. Overall, he was supportive of
the project.
Mr. Vander Borght
expressed opposition to the proposed location of the electronic signage
and suggested that the signage be placed across from the theatre in the
curved arcade area. He also requested that: a ventilation system for the
bay area be installed; the loading facilities be increased in size; the
access driveways be reconfigured; and, additional setbacks be provided for
the retail shops along
First Street. He was
also not supportive of tandem parking for the residential units but noted
that as a compromise, he would only consider tandem parking for the
one-bedroom units with no lofts.
Mrs. Ramos
reiterated that the Council was opposed to the electronic signage and
concurred with reviewing the size of the loading facility and installing a
ventilation system; reconfiguring the driveway access; and, providing a
one-foot additional setback along First Street. She was supportive of
tandem parking for the one-bedroom units.
Mr. Golonski and Mr.
Vander Borght clarified that they would only support tandem parking for
one bedroom units of 1,000 square feet or less. |
|
Motion |
It was moved by Mr. Campbell and seconded by Ms. Murphy that "the
following resolutions be passed and adopted and the following ordinances
be introduced and passed to the second reading:�
|
|
1702
Adopt Mitigated
Neg. Dec. (PD
98-2) |
RESOLUTION NO. 26,832:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A MITIGATED
NEGATIVE DECLARATION (AMENDMENT TO PLANNED DEVELOPMENT NO. 98-2 AND
ADOPTION OF PLANNED DEVELOPMENT NO.2003-2).
|
|
Ordinance
Introduced |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN AMENDMENT
TO PLANNED DEVELOPMENT NO. 98-2 AND AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT RELATED THERETO. (BURBANK ENTERTAINMENT VILLAGE, L.L.C. AND
AMERICAN MULTI-CINEMA, INC., APPLICANTS).
|
|
Ordinance
Introduced |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PLANNED
DEVELOPMENT NO. 2003-2 AND DEVELOPMENT AGREEMENT RELATED THERETO (CHAMPION
REALTY, LTD., APPLICANT).
|
|
1702
2nd Imp. Agmt.
to the OPA (AMC) |
RESOLUTION NO. 26,833:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING THE EXECUTION OF THE SECOND IMPLEMENTATION AGREEMENT TO THE
OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE
CITY OF BURBANK, BURBANK ENTERTAINMENT VILLAGE, L.L.C., AND AMERICAN
MULTI-CINEMA, INC. AND AN AMENDED AND RESTATED OWNER PARTICIPATION
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK AND
CHAMPION REALTY, LTD.
|
|
Redev. Agency
Reso. Adopted |
Redevelopment Agency Resolution No. R-2122 Approving and Authorizing the
Execution of the Second Implementation Agreement to the Owner
Participation Agreement by and among the Redevelopment Agency of the City
of Burbank, Burbank Entertainment Village, L.L.C., and American
Multi-Cinema, Inc. and the Amended and Restated Owner Participation
Agreement between the Redevelopment Agency of the City of Burbank and
Champion Realty, LTD. was adopted.
|
|
Adopted |
The resolutions were adopted and the ordinances introduced by the
following vote:
Ayes: Council Members
Campbell, Murphy, and Ramos.
Noes: Council Members Golonski and Vander Borght.
Absent: Council Members None.
|
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council,
Redevelopment Agency and Housing Authority 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:
Sam Asheghian,
expressing appreciation to the Council for supporting the Holiday in the
Park Event and requesting additional routes for the senior transportation
service; Don Elsmore, on comments made at a prior Council meeting; Michael
Bergfeld, requesting the deadline for the public comment period on the
Draft Development Agreement be extended; Jesse Byers, Ron Vanderford, Rose
Prouser, Carolyn Berlin, Philip Berlin, David Piroli and Dink O�Neal, on
Airport matters; Dr. Jay Adams, member of the Magnolia Park Citizens
Advisory Committee, in support of Porto�s Bakery; Esther Espinoza, on
redevelopment improvements; Howard Rothenbach, inquiring as to the
specifics of the billboard being discussed in a Closed Session matter;
Eden Rosen, on Alzheimer�s awareness and Airport matters; and, Mark
Barton, on the Wayfinding Signage Program.
|
|
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:
Ira Lippman, in
support of Porto�s Bakery; Esther Espinoza, on National Family Caregiver�s
Month and the veterans� recognition; Rose Prouser, in support of Porto�s
Bakery and inquiring as to the boundaries of the Magnolia Park area; Eden
Rosen, Dink O�Neal and Mike Nolan, on the proposed AMC Phase II Project
and in support of Porto�s Bakery; Mark Barton, on the Wayfinding Signage
Program; and, Howard Rothenbach, in support of Porto�s Bakery.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
603
1102
Joint Mtg. with
Redev. Agency
(Porto�s
Bakery) |
Mr. Lynch, Senior
Project Manager, Community Development Department, reported that as part
of the development of the Magnolia Park Action Plan, several focus group
meetings and a survey were undertaken to determine, among other things,
the type of retailers that residents would like to see in
Magnolia
Park.
He added that the responses received called for more restaurants and caf�s
with outdoor seating, one-of-a-kind retailers, as well as a desire for a
bakery. He also reported that residents expressed a desire to eliminate
vacant retail space and improve building facades. He then presented a
request from Raul Porto of Porto�s Bakery (Porto�s) for financial
assistance to locate a bakery and restaurant at the Old Thrifty site
located at 3606 and 3614 West Magnolia Boulevard, and a Reciprocal
Easement Agreement that would affect the proposed bakery parking lot and
the adjacent public parking lot.
Mr. Lynch reported
that the Old Thrifty site has been vacant for more than six years, and is
a blighting condition for the
Magnolia Park area.
He added that the current owner of the property, Ken Fisher, has
considered different plans since purchasing the property in 2001 and has
reached an agreement for Porto�s to purchase the property. He also noted
that the owner has requested that escrow close as soon as possible.
Concurrently, he stated that Porto�s has requested the City to provide
$790,000 in assistance to help pay for base building and tenant
improvements, due to the high cost of purchasing and renovating the
building, and the need to provide a more pedestrian-friendly environment.
He added that Keyser-Marston Associates, the City�s economic consultant,
has reviewed the request for assistance and determined it is warranted. He
noted that the loan was subject to the close of escrow on the property.
Mr. Lynch reported
that if approved, staff proposes that the funding be structured similar to
the Redevelopment Agency (Agency) assistance provided through the Downtown
Tenant Assistance Program. He explained that the program was developed to
provide financial assistance for structural and tenant improvements for
underutilized and vacant properties in an effort to revitalize Downtown.
He noted that over the next ten years, the Agency will forgive one-tenth
of the loan amount for each year
Porto�s
remains open. He also discussed other salient terms for the proposed loan
to Porto�s.
Mr. Lynch informed
the Council that while the proposed bakery and caf� has sufficient on-site
parking, a Reciprocal Easement Agreement is also proposed to improve
circulation between the
Porto�s parking lot
and the adjacent public parking lot. He noted that over time, this may
allow for the opportunity to reconfigure the public parking lot in a way
to gain more parking spaces. He also noted that the Magnolia Park
Citizen�s Advisory Committee unanimously recommended approval of the
proposed bakery as a good fit for
Magnolia
Park.
|
|
Redev. Agency
Reso. Adopted |
Redevelopment Agency Resolution No. R-2123 Approving a Cooperation
Agreement with the City of Burbank and Amending Fiscal Year 2004-2005
Annual Budget in the Amount of $790,000 for the Partial Payment of a City
Centre Note was adopted.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Ms. Murphy that �the
following resolution be passed and adopted:�
|
|
603
1102
Approve Various
Agmts. Regarding Porto�s Bakery |
RESOLUTION NO. 26,834:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING VARIOUS
AGREEMENTS RELATING TO 3606 AND 3614 WEST MAGNOLIA BOULEVARD/PORTO�S
BAKERY AND CAF� AND AMENDING FISCAL YEAR 2004-2005 ANNUAL BUDGET IN THE
AMOUNT OF $790,000 FOR THE PORTO�S BAKER AND CAF� COMMERCIAL
REHABILITATION LOAN.
|
|
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.
|
|
11:56 P.M.
Recess |
The Council recessed
to permit the Redevelopment Agency to hold its hearing. The Council
reconvened at
12:00 a.m.
with all members present.
|
|
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.�
|
|
Minutes
Approved |
The minutes for the
regular meeting of
September 14, 2004,
the adjourned meeting of
September 20, 2004,
the regular meetings of September 21 and September 28, 2004, the adjourned
meeting of September 29, 2004, and the regular meetings of October 5,
October 12, October 19, and October 26, 2004 were approved as submitted.
|
|
1411-1
1411-2
Vacation of
Avon Street
(V-339) |
RESOLUTION NO. 26,835:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENTION
TO CONSIDER THE CONDITIONAL VACATION OF A PORTION OF AVON STREET BOUNDED
BY ALAMEDA AVENUE AND OLIVE AVENUE, THE ALLEY BOUNDED BY LIMA STREET AND
AVON STREET, AND THE ALLEY BOUNDED BY CORDOVA STREET AND AVON STREET (PW,
LLC.) (V-339).
|
|
1207
Proceed with the
Construction Document Phase
for the
Community
Svcs. Bldg. |
A report was
received from the Public Works Department requesting authority to proceed
with the Construction Documents Phase program and development of the
Guaranteed Maximum Price (GMP) for the Community Services Building (CSB)
Project. The report indicated that a Study Session for the project was
held on
November 4, 2004 at which time the Council was presented with an overview
of the project Design Development process.
The reported stated
that the following results represent the primary concerns identified by
the Council at the November 4, 2004 Study Session and the follow-up Study
Session held on November 16, 2004: a warmer material, finish and color
palette for the exterior limestone, window mullions, cement plaster and
metal panels; the green tinted glass; the water fountain design envelope
which was clearly defined at the main entry area; an active water fountain
feature with articulated noise and movement, pending further detailed
design; a black granite accent material for use around the primary
entrances and other openings; the main and secondary entrances enhanced
with hard-scape and soft-scape modifications; a bas relief to be
considered further at the Third Street and Orange Grove Avenue main
entrance to provide an additional design link to City Hall; the etch of
the City Seal into the large single window at the south elevation; an
alternative material and design for the window above the double doors at
the community room, south building elevation; and, no changes to the
primary building setbacks along Third Street and Orange Grove Avenue based
on the width sufficiency in the current design.
The report also
identified the project milestones, noting that completion was anticipated
for October 2006 and occupancy in December 2006. Also, no changes or
additional recommendations to the fiscal impact were reported. The report
concluded with staff�s recommendations that the Council accept the Design
Development Phase and give direction to proceed with the Construction
Document Phase program and development of the Guaranteed Maximum Price.
|
|
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.
|
|
12:02 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
Magnolia
Park
boundaries.
|
|
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 12:05 a.m.
____________________________
Margarita Campos, City Clerk
|
