This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting.  The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desks at the three libraries and are available for public inspection and review. If you have any question about any matter on the agenda, please call the office of the City Clerk at (818) 238-5851.  This facility is disabled accessible.  Auxiliary aids and services are available for individuals with speech, vision or hearing impairments (48 hour notice is required).  Please contact the ADA Coordinator at (818) 238-5021 voice or (818) 238-5035 TDD with questions or concerns.

 

CLOSED SESSION ORAL COMMUNICATIONS IN COUNCIL CHAMBER:

Comments by the public on Closed Session items only.  These comments will be limited to three minutes.

 

For this segment, a PINK card must be completed and presented to the City Clerk.

 

CLOSED SESSION IN CITY HALL BASEMENT LUNCH ROOM/CONFERENCE ROOM:

 

Conference with Legal Counsel � Anticipated Litigation (City as potential defendant):

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s):  1

 

When the Council reconvenes in open session, the Council may make any required disclosures regarding actions taken in Closed Session or adopt any appropriate resolutions concerning these matters.

 

 

5:30 P.M.

 

 

LEGISLATIVE STUDY SESSION:

 

The purpose of this Study Session is to provide the Council with an opportunity to discuss the current State legislative session with Mr. David Jones of Emanuels Jones and Associates, the firm the City current contracts with for legislative advocacy and government relations services. 

 

The City takes an active interest in the activities of the State Legislature and the impact those activities may have on the City.  Staff uses several methods to follow and participate in legislative issues.  Departments take an active role in identifying legislation that may have a positive or negative effect on the City.  Often, legislation is identified by City staff through professional associations or publications and the staff�s own independent research. The League of California Cities also provides a significant amount of ongoing information throughout the State legislative session that keeps City staff up to date. 

 

The City Manager�s Office coordinates the legislative activities of the departments and works with the Mayor or other interested Council Members to communicate the departments� positions on various pieces of legislation.  The City Manager�s Office also actively communicates on a regular basis with the City�s State and Federal representatives. Issues discussed with the City�s representatives often include specific pieces of legislation, federal funding requests for City projects, and the impact of the State budget. 

 

Finally, staff also works closely with Emanuels Jones and Associates, a legislative advocacy and government relations firm.  The City has contracted with Emanuels Jones and Associates since the establishment of the firm by Kenneth Emanuels in 1987.  The firm is currently owned by David Jones, who is the City�s primary contact and service provider.  Emanuels Jones and Associates also represents the cities of Glendale and Pasadena.

 

 

6:30 P.M.

 

 

INVOCATION:                      

The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution.

FLAG SALUTE:

 

ROLL CALL:

 

 

ANNOUNCEMENT:             WEDNESDAY NIGHT PRIME TIME PROGRAMS.

 

PROCLAMATION:               ADULT EDUCATION WEEK

 

RECOGNITION:                    FIRE REGIONAL OCCUPATIONAL PROGRAM.

 

RECOGNITION:                   COMMUNITY SPONSORS OF THE TEENS IN ACTION

                                               POLICE/YOUTH RELATIONS BALL-B-Q.

 

 

COUNCIL COMMENTS: (Including reporting on Council Committee Assignments)

 

INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

At this time additional items to be considered at this meeting may be introduced.  As a general rule, the Council may not take action on any item which does not appear on this agenda.  However, the Council may act if an emergency situation exists or if the Council finds that a need to take action arose subsequent to the posting of the agenda.  Govt. Code �54954.2(b).

 

 

AIRPORT AUTHORITY MEETING REPORT:

 

1.      AIRPORT AUTHORITY COMMISSIONER REPORT:

 

At the request of the Burbank representatives to the Airport Authority, an oral report will be made to the City Council following each meeting of the Authority.

 

The main focus of this report will be issues which were on the Airport Authority meeting agenda of March 7, 2005.  Other Airport-related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

6:30 P.M. PUBLIC HEARING:

2.      APPEAL OF A DECISION TO DENY A COMMERCIAL APPLICATION FOR A PERMIT TO CONDUCT A RUNNING PROGRAM:

 

The purpose of this report is for the Council to consider an appeal of the Park, Recreation and Community Services Director�s decision to deny a Commercial Application for a permit to conduct a running program.  The request by Ms. Tina Castaldi, applicant and appellant, was to approve a class held in the parking lot adjacent to Wildwood Canyon Park and the roads around the DeBell Golf Course.  It was to be held Monday through Friday from 5:00 a.m. to 6:30 a.m.

 

Staff received the Commercial Permit Application on December 6, 2004.  The class was proposed to be conducted between January 24, 2005 and April 22, 2005.  The anticipated enrollment was 50 individuals.  The permit did not request to utilize an amplified sound system.

 

Upon receiving the Commercial Permit Application, a public notice was published in the Burbank Leader and notices were mailed to residents in the surrounding neighborhood.  Any interested individual was requested to forward comments within a prescribed time frame.  Over 2000 notices were mailed.  Staff received 61 responses with 70 signatures which were opposed to granting the permit, and one response which was in favor.

 

The applicant anticipated 50 participants.  This would create a significant increase in traffic in this area Monday through Friday.  There are basically two access roads to the requested area.  Even if the class participants were required to take various designated travel routes, potentially there could be as many as 25 vehicles stopping and starting at the Harvard Road and Sunset Canyon Drive intersection, as well as the Walnut Avenue and Sunset Canyon Drive intersection.  Other streets leading to the access roads would also encounter increased traffic.

The proposed class would commence at 5:00 a.m.  This would result in vehicles driving through residential neighborhoods as early as 4:45 a.m.  Generally, programs and services which could negatively impact residential neighborhoods do not start until 7:00 a.m.  The exception to this policy is the DeBell Golf Course.  The course has been in operation for over 45 years, and residents are aware of the need for early morning maintenance and starting times commencing at sunrise.

 

Given that during certain times of year it is still dark at 5:00 a.m., there would be potential safety issues.  With limited light, it is difficult to see where one is running.  In addition, there could be concerns with vehicle traffic as it approaches groups of runners.  Also, this type of program is not compatible with the surrounding neighborhood and could create conflicts between program participants and the residents.

 

To mitigate some of the concerns, staff could be assigned to oversee the activity.  The cost of one recreation leader working a two-hour shift would be $150 per week.  The staff member would ensure that class participants would not run through the adjacent residential neighborhood and that program leaders would not utilize an amplified sound device.  However even with supervision, the neighborhood would still be negatively impacted at an unreasonable early morning hour and thus the permit was denied.  Ms. Castaldi appealed the denial on December 22, 2004.

 

The approval of the appeal by the Council would allow the applicant to conduct the program for up to 50 participants, Monday through Friday, from 5:00 a.m. to 6:30 a.m., in the parking lot adjacent to Wildwood Canyon and the roads around DeBell Golf Course.  The permit requested that the program begin January 24, 2005 thus the dates of the activity would be adjusted.  Notice of the appeal hearing was mailed to Ms. Castaldi, as well as the residents who responded during the public input period.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AFFIRMING THE PARK, RECREATION AND COMMUNITY SERVICES DIRECTOR�S DECISION AND DENYING APPLICANT CASTALDI�S APPEAL.

 

 

REPORTING ON CLOSED SESSION:

 

 

INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:  (Two minutes on any matter concerning City Business.)

 

There are four segments of Oral Communications during the Council Meeting.  The first precedes the Closed Session items, the second and third segments precede the main part of the City Council�s business (but follow announcements and public hearings), and the fourth is at the end of the meeting following all other City business.

 

Closed Session Oral Communications.  During this period of oral communications, the public may comment only on items listed on the Closed Session Agenda(s).  A PINK card must be completed and presented to the City Clerk.  Comments will be limited to three minutes.

 

Initial Open Public Comment Period of Oral Communications.  During this period of Oral Communications, the public may comment on any matter concerning City Business.   A BLUE card must be completed and presented to the City Clerk.  NOTE:  Any person speaking during this segment may not speak during the third period of Oral Communications. Comments will be limited to two minutes.

 

Agenda Item Oral Communications.  This segment of Oral Communications immediately follows the first period, but is limited to comments on agenda items for this meeting.  For this segment, a YELLOW card must be completed and presented to the City Clerk. Comments will be limited to four minutes.

 

Final Open Public Comment Period of Oral Communications.  This segment of oral communications follows the conclusion of agenda items at the end of the meeting.  The public may comment at this time on any matter concerning City Business.  NOTE:  Any member of the public speaking at the Initial Open Public Comment Period of Oral Communications may not speak during this segment.  For this segment, a GREEN card must be completed and presented to the City Clerk.  Comments will be limited to two minutes.

 

City Business.  City business is defined as any matter that is under the jurisdiction of the City Council.  Although other topics may be of interest to some people, if those topics are not under City Council jurisdiction, they are not City business and may not be discussed during Oral Communications.

 

Videotapes/Audiotapes.  Videotapes or audiotapes may be presented by any member of the public at any period of Oral Communications or at any public hearing.  Such tapes may not exceed the time limit of the applicable Oral Communications period or any public comment period during a public hearing.  The playing time for the tape shall be counted as part of the allowed speaking time of that member of the public during that period.

 

Videotapes must be delivered to the Public Information Office by no later than 10:00 a.m. on the morning of the Council meeting in a format compatible with the City�s video equipment.  Neither videotapes nor audiotapes will be reviewed for content or edited by the City prior to the meeting, but it is suggested that the tapes not include material that is slanderous, pornographic, demeaning to any person or group of people, an invasion of privacy of any person, or inclusive of material covered by copyright.

 

Printed on the videocassette cover should be the name of the speaker, the period of oral communication the tape is to be played, and the total running time of the segment.  The Public Information Office is not responsible for �cueing up� tapes, rewinding tapes, or fast forwarding tapes.  To prevent errors, there should be ten seconds of blank tape at the beginning and end of the segment to be played.  Additionally, the speaker should provide the first sentence on the tape as the �in cue� and the last sentence as the �out cue�.

As with all Oral Communications, videotapes and audiotapes are limited to the subject matter jurisdiction of the City and may be declared out of order by the Mayor.

 

Disruptive Conduct.  The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and pagers, and that you refrain from making personal, impertinent, or slanderous remarks.  Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

 

Once an individual is requested to leave the Council Chamber by the Mayor, that individual may not return to the Council Chamber for the remainder of the meeting.  BMC �2-216(b).

 

Individuals standing in the Council Chamber will be required to take a seat.  Also, no materials shall be placed in the aisles in order to keep the aisles open and passable.  BMC �2-217(b).

 

Your participation in City Council meetings is welcome and your courtesy will be appreciated.

 

COUNCIL AND STAFF RESPONSE TO INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

 

 

AGENDA ITEM ORAL COMMUNICATIONS:  (Four minutes on Agenda items only.)

 

COUNCIL AND STAFF RESPONSE TO AGENDA ITEM ORAL COMMUNICATIONS:

 

 

JOINT MEETING WITH THE REDEVELOPMENT AGENCY:

 

3.      NON-PROFIT ORGANIZATION FACILITY FUNDING PROGRAM:

 

The purpose of this report is to provide the Redevelopment Agency Board (Board) and the Council detailed information on potential programs to assist local community based non-profit organizations to purchase or build facilities.  Two primary options include utilization of the Community Development Block Grant program, which is currently in place and funding this type of need; and the use of Redevelopment Agency (Agency) dollars as �matching� funds or leverage.  Should the Council/ Board opt to use redevelopment funding, specific eligibility criteria is recommended. This criteria may include, but not be limited to:  using Agency funds to leverage or match other funding; the history and successes of the non-profit organization; and, project feasibility (including budget, ongoing operations costs, and plan for construction management).

 

Recommendation:

 

Staff recommends the Redevelopment Agency Board and Council provide additional direction.

 

 

CONSENT CALENDAR: (Items 4 and 5)

 

The following items may be enacted by one motion.  There will be no separate discussion on these items unless a Council Member so requests, in which event the item will be removed from the consent calendar and considered in its normal sequence on the agenda. A roll call vote is required for the consent calendar.

 

4.      V-370 RESOLUTION OF INTENTION TO VACATE A PORTION OF THE ALLEY ADJACENT TO THE FORMER BUENA VISTA LIBRARY LOCATED AT 401 NORTH BUENA VISTA STREET (APPLICANT � CITY OF BURBANK):

 

The purpose of this report is for the Council to consider adoption of a Resolution of Intention to set the hearing date to consider the Conditional Vacation of an alley adjacent to the former Buena Vista Library, located at the northwest corner of Buena Vista Street and Verdugo Avenue (401 North Buena Vista Street).  The applicant, the City of Burbank, is requesting to vacate the alley to allow for construction of a proposed outdoor play area in conjunction with the proposed reuse of the former library as a single-story childcare and family resource center.  If adopted, the Resolution of Intention will set the public hearing date for March 29, 2005.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENTION TO CONSIDER THE CONDITIONAL VACATION OF A PUBLIC ALLEY ADJACENT TO THE FORMER BUENA VISTA LIBRARY (V-370).

 

 

5.      DECLARING THE RESULTS OF THE PRIMARY NOMINATING ELECTION  HELD ON FEBRUARY 22, 2005:

 

Pursuant to the provisions of Section 28 of the City Charter, the purpose of this report is to present the results of the Primary Nominating Election held on February 22, 2005 to the Council for approval.

 

A Primary Nominating Election was conducted in the City of Burbank on February 22, 2005 for the purpose of nominating or electing candidates for three seats on the City Council, two seats on the Board of Education, one City Clerk and one City Treasurer. Following is the list of candidates who qualified for the ballot in ballot order:

 

City Council Candidates:

1.            Dave Golonski

2.            Marsha Ramos

3.            Stacey Murphy

4.            Claudia Bonis

5.            Jesse Byers

6.            Vahe Hovanessian

7.            Michael Bergfeld

City Clerk Candidate:

Margarita Campos

 City Treasurer Candidate:

 Donna Anderson

Board of Education Candidates:

1.            Susan Bowers

2.            Karel Roland Armstorff

3.            Debbie Kukta

4.            Ira Lippman

5.            Nikki Capshaw

6.            Larry Applebaum

Notice of the Election was given, precincts established, election officers appointed, and the supplies furnished.  The votes cast were received and canvassed as required by law. The canvass of the Election was completed on Monday, February 28, 2005 with the official results posted on the same day.  The five-day protest period expires on Monday, March 7, 2005 at 5:00 p.m.  No protests were received as of the printing of the agenda.

 

A summary of the votes cast in each precinct indicates the following results:

 

Stacey Murphy was the only candidate to receive a majority of the votes cast for Member of the City Council and as such is duly elected to office for a full term of four years.  The remaining two seats on the City Council will be filled in the General Municipal Election to be held on April 12, 2005 by two of the following four candidates:  Dave Golonski, Marsha R. Ramos, Vahe Hovanessian and Michael Bergfeld.

 

No candidate received a majority of the votes cast for Member of the Board of Education and as such the two seats for the Board of Education will be filled in the General Municipal Election to be held on April 12, 2005 by two of the following four candidates: Susan Bowers, Debbie Kukta, Nikki Capshaw and Larry Applebaum.

 

The two candidates for the City Clerk (Margarita Campos) and City Treasurer (Donna E. Anderson) seats ran unopposed and were therefore duly elected to office for a full term of four years.

 

It is recommended that the Council accept the returns as submitted by the City Clerk and officially declare the results of the Primary Nominating Election held on February 22, 2005.