|
Present- |
Council Members Murphy, Vander Borght and Ramos. |
|
Absent - - - - |
Council Members Campbell and 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.
|
|
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. 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. Public Employee Performance Evaluation:
Pursuant to Govt. Code �54957
Title of Employee�s Position: City Manager and City Attorney.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:36 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 Police Captain Tim Stehr.
|
|
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
Arbor Day |
Mayor Ramos
presented a proclamation in honor of Plant-A-Tree Month and Arbor Day to
Shelley Davies and Linda Silvas, representing the Burbank Civic Pride
Committee.
|
|
301-1
Police Dept.
Commendation |
Chief Hoefel
commended several members of the Burbank Police Department for their
exemplary service. Professional Esteem Awards were presented to: Michele
McCord, Communications Supervisor; Celeste Patchett, Forensic Specialist;
Victoria Payson, Forensic Specialist Supervisor; and, Sergeant Kevin
Grandalski. Also, Police Medals were presented to Sergeant Tom Kister and
Officers Chris Canales, Fernando Munoz and Jeffrey Barcus.
|
|
406
Airport Authority
Meeting Report |
Commissioner
Lombardo reported on the Airport Authority meeting of
February 22, 2005.
He stated that the Authority awarded a contract and work orders in the
amount of $420,000 and $258,000 for design services for the Star Park Lot;
awarded a contract for Bid Schedule No. 2004-22 in the amount of $381,000
for the ticket lobby upgrades; and, approved contract amendments for
Parking Management Services in the amount of $185,000.
Commissioner
Lombardo also announced that effective
May 24, 2005,
Jet Blue Airlines will begin operations at the
Bob Hope Airport. He
introduced Chrissy Artizone, Head of Western Governmental Affairs; Charlie
Andrews, Chief Pilot in the West; and, Jeff Langree, Director of Customer
Service in the West, who addressed the Council.
|
|
7:43 P.M.
Hearing
1211
Weed Abatement |
Mayor Ramos stated
that �this is the time and place for the hearing on the confirmation of
the itemized written report of the Agricultural Commissioner/Director of
Weights and Measures for the County of Los Angeles regarding the abatement
of nuisances by the removal of weeds, rubbish, refuse and dirt from
certain real property pursuant to Resolution Number 26,908 of this
Council.�
|
|
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 |
A report was
received from the Public Works Department requesting Council approval of a
resolution: ordering the abatement of nuisances caused by weeds and
debris on private properties; authorizing an assessment for cost
reimbursement to the
County
of Los Angeles; and, giving notice for subsequent weed and debris
abatement if required.
The report stated
that the purpose of the annual weed abatement program is to remove the
nuisances created on various private properties by weeds, rubbish, refuse
and brush. These nuisances include potential fire hazards and a haven for
rodents and vectors. It was indicated that on
February 15, 2005,
the Council adopted Resolution No. 26,908 which declared weeds and debris
on private properties a nuisance requiring abatement. Written notice of
the March 1,
2005, public hearing was mailed to each property owner declared in the
resolution notifying them of the time and place for appeal.
The report also
stated that private property owners may complete the abatement themselves
or have the
County of Los Angeles Weed Abatement Division
clear their property. If the property is cleared by the County, the
owner�s Property Tax bill will be assessed for reimbursement for the cost
incurred. It was also stated that this program had no financial impact to
the City�s General Fund or the Redevelopment Agency budget other than
incidental administrative costs.
|
|
Hearing
Closed |
There being no
further response to the Mayor�s invitation for oral comment, the hearing
was declared closed.
|
|
Motion |
It was moved by Mr.
Campbell and seconded by Ms. Murphy that "the following resolution be
passed and adopted:�
|
|
1211
Weed Abatement
|
RESOLUTION NO. 26,913:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE ABATEMENT
OF NUISANCES IN THE CITY OF BURBANK, AS CONTEMPLATED BY COUNCIL RESOLUTION
NO. 26,908.
|
|
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.
|
|
7:44 P.M.
Hearing
1704-3
Appeal of CUP
No. 2004-105
(La Rambla) |
Mayor Ramos stated
that �this is the time and place for the hearing on the appeal of the
Planning Board�s decision regarding the Conditional Use Permit and
Mitigated Negative Declaration for Project No. 2004-105. The Applicants,
Arsen and Ripsime Retchian, have applied for a Conditional Use Permit to
construct a two-story single-family home on a hillside property located at
1011 La Rambla Drive. The Conditional Use Permit was denied by the
Planning Board at its regular meeting of
December 13, 2004.
The Applicants have appealed that decision.�
|
|
7:45 P.M.
Mrs. Ramos left
the meeting |
Mrs. Ramos left the
meeting at this time due to a potential conflict of interest.
|
|
Notice
Given |
The City Clerk was
asked if notices had been given as required by law. She replied in the
affirmative and advised that the City Clerk�s Office received a letter
from Mary Jane and Harry Strickland in addition to several pieces of
correspondence from Reginald A. and Audrey P. Hanson, all expressing
concerns and in opposition to the project.
She also reported
that Mrs. Strickland submitted a letter from Roland Glazer resident at
1001 La
Rambla Drive, in opposition to the project.
|
|
Staff
Report |
Mr. Ochsenbein,
Senior Planner, Community Development Department, requested the Council
consider a decision of the Planning Board denying Project No. 2004-105, a
request for a Conditional Use Permit to construct a 3,200-square foot home
on a hillside property at
1011 La Rambla
Drive. He stated that the Planning Board�s decision is being appealed by
the project�s applicants, Arsen and Ripsime Retchian.
Mr. Ochsenbein
informed the Council that the property is currently improved with a
driveway which serves the property at
1007 La Rambla
Drive. He added that the remaining property is a natural steep slope and
the proposal involves the construction of a two-story house which will be
built into and cantilevered over the slope, supported by caissons. He
noted that viewed from La Rambla Drive, the property will appear as one
story with the second story built into the grade below the level exposed
to La Rambla Drive.
Mr. Ochsenbein
reported that the Planning Board (Board) held two public hearings on
October 24,
2004 and December 13, 2004. He stated that prior to and during those
hearings, staff received letters from two abutting property owners
expressing concerns about the project. He explained that the first
property owner, located next to the property, was concerned about the
negative impact of the views currently enjoyed. He added that the
property owner located downhill from the subject property, expressed
concern about drainage, slope stability and privacy issues.
Mr. Ochsenbein noted
that staff recommended approval of the project based upon the ability of
the project to meet the required findings. He stated that the Board
ultimately denied the project without prejudice because the majority of
the Board felt that the project, as proposed, was inconsistent and
incompatible with the character of the neighborhood. He noted that much
of the Board�s concern was based upon the impact that the project would
have on views in the area, specifically on the abutting property.
Mr. Ochsenbein
stated that staff has provided all public correspondence received to the
Council for review. Additionally, he stated that as a result of the
notice for the hearing, staff received two phone calls from residents
opposed to the project.
Mr. Ochsenbein noted
that while the Board denied the application, it was staff�s assessment
that the original staff recommendation to approve the project is warranted
based upon the ability of staff to make the required findings. As such,
he recommended that the Council approve the appeal and reverse the
Planning Board�s decision.
|
|
Applicant |
Gary Yamada,
representing the applicant, noted that the project is not subject to the
City�s Interim Development Control Ordinance (IDCO) and meets current
Code. He stated that the Planning Board denied the project due to their
inability to make the required findings and gave rebuttal comments to
support the proposed project.
He also discussed
several photo simulations of the view impact from the neighboring
property, whose view would be partially obstructed.
|
|
Citizen
Comment |
Appearing to comment
in opposition to the project were Audrey Hanson and Mary Jane Strickland.
Commenting in
support of the project were: James Schad; Stan Hyman; LaVerne Thomas; and,
David Piroli.
|
|
Hearing
Closed |
There being no
further response to the Vice Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
Rebuttal by
Applicant |
Mr. Yamada made
rebuttal comments with regard to privacy issues and potential slope
slippage.
|
|
Rebuttal by
Staff |
Mr. Ochsenbein made
rebuttal comments and clarification with regard to compatibility and
hillside height measurement standards.
|
|
Deliberation |
Ms. Murphy expressed
support for the project, stating that the applicant is making efforts to
mitigate most of the impacts.
Mr. Golonski
expressed concern with the location of the house on the lot and questioned
the compatibility of the project with the existing neighboring properties.
Mr. Campbell noted
that the property at
1007 La Rambla Drive
would not have been built without the driveway; however, the driveway
renders the proposed project incompatible with the homes adjacent to it,
resulting in privacy and view issues. He suggested that the size of the
project be scaled back so as to be more compatible with the adjoining
properties.
Mr. Vander Borght
noted the challenge in addressing the neighbors� valid concern and the
property owner�s rights. He stated that the project is not subject to the
IDCO and that the proposed project is comparable to some of the homes in
the area. He was supportive of Mr. Campbell�s suggestion of scaling back
the house but noted that he could not justify a basis upon which to
determine the adequate reduction.
Ms. Murphy noted
that a scaled-back project would still have the same impact to the
concerned neighbors and that the proposed square footage is reasonable
compared to the neighborhood.
Mr. Golonski stated
that the height and size of the house are in scale with the rest of the
neighborhood; however, the nature of the slope of the lot necessitates
that the common driveway which provides access to the adjacent lot consume
a substantial portion of the lot. He suggested that the applicants be
requested to return with a more compatible project but maintain the square
footage.
Mr. Vander Borght
noted that the biggest concern is the view from the neighbor�s property
and privacy issues for the lot below.
Mr. Yamada responded
to the Council�s concern regarding privacy issues for the property below
and the driveway location which causes the construction of the home
further down the slope thereby impacting a neighbor�s view. He stated
that the applicants were certain that the project met current Code and is
compatible with the area and are not willing to continue the matter to a
future date.
Mr. Golonski stated
his preference to postpone the hearing and provide the applicants an
opportunity to come up with a compatible design. Ms. Murphy disagreed.
Mr. Vander Borght
was supportive of approving the project provided the family room was eliminated
as it was the most impacting component of the house. Mr. Yamada responded
that the applicants were not willing to reduce or eliminate the family
room.
|
|
Motion |
It was moved by Ms.
Murphy, seconded by Mr. Campbell and carried with Mrs. Ramos absent that
"staff be directed to return with findings denying the Conditional Use
Permit.�
|
|
9:21 P.M.
Mrs. Ramos
Returned to the
Meeting |
Mrs. Ramos returned to the meeting at this time.
|
|
Reporting on
Closed Session |
Mr. Barlow reported
on the items considered by the City Council and the Redevelopment Agency
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: Jim O�Neil, congratulating Ms. Murphy upon her victory in the
Primary Nominating Election and commenting on campaign contributions;
Garen Yegparian, on the all-mail ballot election; Don Elsmore, on urban
infill as described in a Daily News article; Howard Rothenbach,
congratulating Ms. Murphy upon her re-election and commenting on campaign
contributions; Eden Rosen, on traffic gridlock; Mark Barton, on comments
made at a previous Council meeting; Michael Berfgfeld, on Measure B; David
Gordon, congratulating Ms. Murphy, on Mr. Golonski�s comments in the
Burbank Leader newspaper and on campaign contributions; David Piroli,
commending the City Clerk�s Office, congratulating Ms. Murphy, on Jet Blue
operations and on campaign contributions; Stan Hyman, on Airport issues;
LaVerne Thomas, on the Land Use Element update; Robert Magid, on Airport
issues; and, Esther Espinoza, on elections.
|
|
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: Robert Magid, requesting a status update on the former Buena Vista
Library site and on the Primary Election; David Gordon, on Airport
matters; Mark Barton, on flashing signage regulations; Esther Espinoza,
on the Workforce Housing Incentive Program Grant and low-income housing
issues; Eden Rosen, on Airport matters and the proposed Business Tax
Amnesty Program; David Piroli, on flashing signage, Airport matters and
the status of the City�s prosecution of the valet parking issue; and,
LaVerne Thomas, on the Transportation Element Update and in opposition to
the Business Tax Amnesty Program.
|
|
Staff
Response |
Members of the
Council and staff responded to questions raised.
|
|
10:39 P.M.
Recess |
The Council recessed
at this time. The meeting reconvened at 10:51 p.m. with all members
present.
|
|
10:51 P.M.
Recess |
The Council recessed
to permit the Redevelopment Agency to hold its meeting. The Council
reconvened at 10:51 p.m. with all members present.
|
|
Motion |
It was moved by Mr.
Golonski and seconded by Mr. Campbell that "the following items on the
consent calendar be approved as recommended.�
|
|
804-3
Workforce Housing Incentive Program |
RESOLUTION NO. 26,914:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING SUBMITTAL
OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE WORKFORCE HOUSING INCENTIVE PROGRAM AND
DESIGNATING AUTHORITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK
TO RECEIVE AND ADMINISTER FUNDS.
|
|
1011-3
MOU with BPOA |
RESOLUTION NO. 26,915:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF BURBANK AND THE BURBANK POLICE
OFFICERS� ASSOCIATION (BPOA) FOR FISCAL YEAR 2004-2005 AND AMENDING THE
FISCAL YEAR BUDGET.
|
|
1011-3
Salary Range for
Police Chief |
RESOLUTION NO. 26,916:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO.
21,732 (THE EXECUTIVE COMPENSATION PLAN FOR DEPARTMENT MANAGERS AND
APPOINTED OFFICERS) RELATING TO THE SALARY RANGE FOR POLICE CHIEF AND
AMENDING THE FISCAL YEAR 2004-05 BUDGET.
|
|
1011-3
Salary Range for
Police Captains |
RESOLUTION NO. 26,917:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO.
22,795 (THE COMPENSATION PLAN FOR UNREPRESENTED MID-MANAGEMENT EMPLOYEES)
RELATING TO THE SALARY RANGE FOR POLICE CAPTAINS AND AMENDING THE FISCAL
YEAR 2004-05 BUDGET.
|
|
804-3
Third Street
Reconstruction
Project |
RESOLUTION NO. 26,918:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL
YEAR 2004-2005 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $231,967.47
FOR THE THIRD STREET RECONSTRUCTION PROJECT.
|
|
1004-2
Revisions to the
Deferred Comp.
Plans |
RESOLUTION NO. 26,919:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING REVISIONS TO
THE CITY�S DEFERRED COMPENSATION PLANS AND AUTHORIZING AND DIRECTING THE
FINANCIAL SERVICES DIRECTOR TO PREPARE REVISIONS.
|
|
1007-1
Revise Spec. of
Police Cadet |
RESOLUTION NO. 26,920:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE
SPECIFICATION FOR THE CLASSIFICATION OF POLICE CADET (CTC No. 0639).
|
|
1007-1
1009-1
Establish Title of
Senior Instrument
Controls Tech. |
RESOLUTION NO. 26,921:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE
AND CLASSIFICATION OF SENIOR INSTRUMENT CONTROLS TECHNICIAN (CTC No. 0808)
AND PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION
THEREOF.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy (except
for Resolution No. 26,914), Vander Borght and Ramos.
Noes: Council Member Murphy (Resolution No. 26,914 only).
Absent: Council Members None.
|
|
804-5
Business Tax
Amnesty Program |
Mr. Hirsch,
Assistant Community Development Director/ License and Code Services,
requested Council approval of a Burbank Business Tax Amnesty Program which
would be conducted for a three-month period during fall 2005. He
explained that during this period, businesses which have a Burbank
Business Tax liability, but have been unregistered for and have never paid
the tax, can pay their obligation without fear of monetary penalty or criminal
prosecution. He also requested that the Council appropriate $5,000 for
marketing the program which is estimated to generate at least $40,000 in
increased business taxes in 2005 and continue to provide future business
taxes as these businesses remain active in Burbank.
|
|
Motion |
It was moved by Ms.
Murphy, seconded by Mr. Campbell and carried that �staff be directed to
prepare an ordinance temporarily amending the Burbank Municipal Code such
that a Burbank Business Tax Amnesty Program can be conducted. In
addition, the Council approved appropriating funding in the amount of
$5,000 in the Fiscal Year 2005-06 budget to conduct this program.�
|
|
506
Regulation of
Flashing Signage |
Mr. Ochsenbein,
Senior Planner, Community Development Department, reported that at the
Council meeting of
January 11, 2005,
concerns were raised about the regulation of flashing signage. He noted
that the Burbank Municipal Code (Code) generally prohibits signs that
�blink or flash on or off or vary regularly in luminescent intensity.�
However, he stated that the Code provides for certain exceptions to this
restriction for holiday decorations, signs which indicate time and/or
temperature, and electronic message boards for hotels with 250 rooms or
more. He added that the City Attorney has opined that the term
�regularly� means more than once within a 24-hour period. He informed the
Council that although the Code restricts blinking and flashing, no
restrictions are placed on the use of electronic displays for static
signs.
Staff was directed
to prepare a detailed report on issues related to regulation of electronic
signage in general.
|
|
Motion |
It was moved by Ms.
Murphy, seconded by Mr. Vander Borght and carried that �the item regarding
the Land Use Element Follow-Up: Housing Goals and Performance and the R-5
Multiple Family Residential Density be continued to
March 8, 2005.�
|
|
1503
1504
BWP Monthly
Operating Report |
Mr. Davis, General
Manager, Burbank Water and Power presented the Monthly Water and Power
Operating Report for the month of February 2005. He provided an update on
the water sales, progress of the water spreading project and upgrades on
the Burbank Operable Unit.
Mr. Davis also
provided updates on the wholesale and retail electric revenues, and on the
Magnolia Power Project.
The report was noted
and filed.
|
|
Ordinance
Submitted |
It was moved by Ms.
Murphy and seconded by Mr. Vander Borght that �Ordinance No. 3667 be read
for the second time by title only and be passed and adopted.� The title
to the following ordinance was read�
|
|
1702
Approve 2nd
Amend. to PD
89-7 (Media
Studios North) |
ORDINANCE NO. 3667:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SECOND
AMENDMENT TO PLANNED DEVELOPMENT NO. 89-7 AND AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT RELATED THERETO (MEDIA STUDIOS NORTH).
|
|
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.
|
|
11:28 P.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 |
There was no
response to the Mayor�s invitation to oral communications.
|
|
301-2
Memorial
Adjournment |
There being no
further business to come before the Council, the meeting was adjourned at
11:29 p.m. in memory of Mabel Whitney and Robert G. Spencer and to March
8, 2005 for a Legislative Study Session.
Margarita Campos,
CMC
City
Clerk
|
