|
Present- |
Council Members Campbell, Golonski, and Murphy. |
|
Absent - - - - |
Council Members Vander Borght and Ramos. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Oral
Communications |
There was no response to Mr. Campbell�s invitation for oral communications
on Closed Session matters at this time.
|
|
5:08 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:
|
|
|
Conference with Legal Counsel � Anticipated Litigation (City as potential
defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s):
1
|
|
5:41 P.M.
Legislative Study
Session |
The purpose of the Study Session was 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. He addressed issues related to the State budget and the
proposed cuts, including: K-12 Proposition 98 suspension; Proposition 42
suspension; continued borrowing via the Proposition 57 bond; health and
human service cuts; and, contribution to the State employees� retirement
systems. He reported that since the budget shortfalls are multi-year
problems, the State will be facing similar issues next year. He noted
several issues directly impacting local governments, including: a delay
in repaying the unfunded mandates; reductions in library funding;
suspension of Proposition 42; retention of the Community Oriented Policing
Services (COPS) program; and, the potential for spillover effects from
cuts in County health and human services.
Mr. Jones also discussed new legislation that has been introduced,
pertaining to: pension reform; redevelopment; housing and land use;
California Environmental Quality Act reform; and, the Governor�s proposals
with regard to an automatic spending cut which includes the following
elements; revision of Proposition 98; a contingency budget plan; closing
the Proposition 42 loopholes; and, limiting the State�s ability to take
future loans from other General Fund departments. He also commented on
term limits and redistricting discussions, and on the potential special
election on November 8, 2005 with 80 initiatives.
Mr. Jones informed the Council that Assemblyman Dario Frommer has
introduced Assembly Bill (AB) 1067 regarding grade separations, and
briefly discussed AB 236 that caps the amount of Sales Tax on jet fuel; AB
451 which ensures that any jet fuel Sales Tax goes to the corresponding
Airport; and, Senate Bill 58, AB 777 and AB 261 addressing runaway
production. He stated that he was optimistic that the Library Bond on the
November 2006 ballot would be approved, in addition to several park bonds.
He also gave an update on Senator Scott�s Senate Bill 148 sponsored by
the City of Pasadena that would allow local governments to require that
older liquor establishments be brought into conformance with current local
codes. He also noted Assembly Constitution Amendment 13 regarding storm
water and flood control fees, that would exempt such fees from going to a
vote of the people prior to being raised and stated that reviews are being
conducted on workers compensation, water and energy issues.
Mr. Vander Borght requested clarification on Proposition 98, Proposition
1A and the proposed bonds.
Mr. Golonski requested clarification on the housing and land use issues.
Mr. Campbell requested clarification on the suspension on Proposition 42;
pension reform; grade separation legislation; and, runaway production
legislation.
Mrs. Ramos inquired as to whether the League of California Cities has
taken a position on pension reform and requested further information on
the impact of the jet fuel sales to the City of Burbank.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:33 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 Officer Joe Dean.
|
|
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
Adult Education
Week |
Mayor Ramos
presented a proclamation in honor of Adult Education Week to Dr. Cherise
Moore, representing the
Burbank Adult
School.
|
|
301-1
Fire Regional
Occupational
Program |
Fire Marshall Dave
Starr briefly described the Fire Regional Occupational Program (ROP),
noting this is the seventh graduating class since the inception of the
program. Chief Starr introduced Captain Greg Rhoads, who presented the
following graduates: Bertha Cardoza; Matan Haft; Jonathan King; Brian
Lowers; Ryan Martin; Jason Martinez; Javier Murillo; Jordan Murphy; Ryan
Richardson; Zachery Sunday; Mikal Swanson; Rudolph Thompson; Jose Vaca;
Jonathan Van Wagener; Ismael Elazquez; and, Darlene Datuin. Mayor Ramos
congratulated the graduates and assisted Chief Mehling with the
presentation of certificates to the graduates.
|
|
301-1
Teens in Action
Police/Youth
Relations
Ball-B-Q |
Dorian Celis and
Karla Juarez recognized the following community sponsors of the Teens In
Action Police/Youth Relations Ball-B-Q event: Chipotle Mexican
Restaurant; Identity Apparel; Harry Alajian, Hometown Buffet; Kiwanas for
Fun; Pomodoro Cucina Italiana Restaurant; Burbank Sharkey�s Woodfire
Mexican Grill; and, Shut Your Mouth Athletic Apparel. The following
sponsors who could not attend were also recognized: Barragan�s Mexican
Restaurant; B.J.�s Restaurant and Brewery; Cartoon Network; and,
Porto�s Bakery.
|
|
Reporting on
Council Liaison
Committees
|
Ms. Murphy reported
on a Metropolitan Transportation Authority Governance Council meeting she
attended. |
|
406
Airport Authority
Meeting Report |
Commissioner Wiggins
reported on the Airport Authority meeting of
March 7, 2005. He
stated that the Authority approved staff�s request to develop a Request
For Proposals for two heavy-duty runway sweepers and approved an amendment
of Federal Aviation Administration Airport Improvement Program Grant to
pay for the two sweepers.
Mr. Vander Borght suggested that the sweepers be natural gas vehicles if
possible.
The Council received the report.
|
|
7:03 P.M.
Hearing
703
Application for a
Permit to
Conduct a
Running Program
(Castaldi)
|
Mayor Ramos stated that �we are here today to hold a hearing on the appeal
by Tina Castaldi, d.b.a. Castaldi Killer Bootcamp, of the denial of her
commercial application permit. According to the provisions of Section 6
of Resolution No. 26,801, passed and adopted on September 28, 2004, this
hearing shall be conducted as an independent examination of this matter.
The Applicant, Ms. Castaldi, has the burden of proof on the appeal. Please
note that while oral or documentary evidence may be received, the Council
will exclude irrelevant, immaterial or unduly repetitious evidence.
Hearsay or secondary evidence may be received; however, the Council will
make its decision on the basis of substantial evidence.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that 78 pieces of
correspondence had been received in opposition to granting the permit and
two pieces of correspondence in favor on granting the permit.
|
|
Staff
Report |
Mr. Hansen, Park, Recreation and Community Services Director, requested
that the Council 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. He stated that 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.
Mr. Hansen reported that following receipt of the application on December
6, 2004, a public notice was published in the Burbank Leader and over 2000
notices were mailed to residents in the surrounding neighborhood. He
noted that staff received 61 responses with 70 signatures opposed to
granting the permit and one response in favor.
Mr. Hansen stated that the hearing scheduled for January 25, 2005 was
postponed at Ms. Castaldi�s request. He explained that the anticipated
program enrollment was 50 individuals and the class would be held Monday
through Friday from 5:00 a.m. to 6:30 a.m. He noted that this would
create a significant increase in traffic in the area and result in
vehicles driving through residential neighborhoods as early as 4:45 a.m.
He added that generally, programs and services which could negatively
impact residential neighborhoods do not start until 7:00 a.m. with the
exception of the DeBell Golf Course which 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.
Mr. Hansen informed the Council of the potential safety issues such as
tripping given that during certain times of year it is still dark at 5:00
a.m. In addition, there could be concerns with vehicular traffic as it
approaches groups of runners. Also, he noted that this type of program is
not compatible with the surrounding neighborhood and could create
conflicts between program participants and residents. He explained that
even if the class participants were required to take various designated
travel routes there could potentially 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. He stated
that other streets leading to the access roads would also encounter
increased traffic. He noted that since the permit requested that the
program begin on January 24, 2005, the dates of the activity would be
adjusted.
|
|
Applicant |
Ms. Tina Castaldi, applicant and appellant, addressed the four major
issues on which the permit denial was based, including: safety; noise;
traffic; and, congruence with the neighborhood.
|
|
Citizen
Comment |
Appearing to comment in opposition to granting the permit were:
Don Elsmore; Ryan
Harlin; Anna May Nelson; Mark Barton; Eden Rosen; Theresa Karam; Greg
Jackson; Carolyn Jackson; Zorica Tanaskovic; Bob Estrella; Maria Proctor;
and, David Piroli. Also, LaVerne Thomas, expressed concern with the boot
camp.
Commenting in
support of granting the permit were: Patty Tokahuta; Jessica Fitzgerald;
Shira Parker; Tania Verafield; Cindy Demos; Barbara Thornburg; Nicole
Ciccarelli; Lillie Getty; Gaby Cerda; Dominick Caminit; Cathy Chase; Mona
Field; Lindsay Kelterer; Gratia Bone; Jennifer Westfall; and, Barbara
Curren.
|
|
Rebuttal |
Lee Matthews,
Attorney representing the applicant, stated that the context of the
hearing was not to determine the use of the park by the boot camp as a
business or not. He referenced a document dated
August 21, 2002
which contained results of a traffic study conducted in the Wildwood
Canyon area. He noted that the site of the boot camp is seven tenths of a
mile from the nearest residence and that it was possible for the boot camp
to operate without the participants being in the area in which the homes
are located. He also noted that golf course operations in the area start
as early 5:00 a.m. and that the 2001 traffic study was conducted while the
boot camp was in operation and determined that traffic flow did not
present a problem for the residents.
William Kunzman,
Traffic Engineer for the applicant, responded to traffic concerns.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Deliberations |
Ms. Murphy noted the
positive benefits and value of the program but stated that this was not
the issue. She noted that the common theme by the participants with
regard to spending money in the City was not one of the criteria
considered to make the decision. She acknowledged a letter written by Ms.
Tina Castaldi to boot camp members, offering a $200 discount to
participants who would come to the hearing and speak on her behalf. She
stated that the major issue was compatibility and safety and noted that
the proposed use was incompatible.
The Council
concurred that the program clearly benefited the participants but the use
was incompatible with the surrounding residential neighborhood.
|
|
Motion |
It was moved by Ms. Murphy and seconded by Mr. Campbell that "the
following resolution be passed and adopted:�
|
|
703
Application for a
Permit to
Conduct a
Running Program
(Castaldi) |
RESOLUTION NO. 26,922:
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.
|
|
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.
|
|
Joe Dean
Commendation |
Mrs. Ramos commended
Officer Joe Dean for his service as the Sergeant-At-Arms for the Council
Chamber since 1981. She briefly outlined his career, noting his support
for the National Law Enforcement Officers Memorial in
Washington,
D.C.
and several achievements, including: a Professional Esteem Award; Police
Medal, American Legion Officer of the Year; and, his recent promotion to
the Detective Bureau.
Former Mayor Michael
Hastings, presented Detective Dean with a police cookie jar on behalf of
the past Mayors and present City Council members. Officer Dean gave
farewell remarks.
|
|
9:00 P.M.
Recess |
The Council recessed at this time. The meeting reconvened at 9:17 with
all members present.
|
|
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:
Don Elsmore,
regarding two newspaper articles on Burbank�s All-Hazard Mitigation Plan
and transit funding; Gary Yamada, presenting a request by the owners of
the property located at 1011 La Rambla Drive that the Council reconsider
their previously-denied Conditional Use Permit and reschedule another
public hearing on March 29, 2005 based on applicant�s willingness to
remove the family room and stating that the applicant is willing to pay
$225 towards the noticing requirement; Michael Garcia, American Hiking
Society, requesting the Wildwood trail be repaired; William J. Smith, on
the Land Use Element update; LaVerne Thomas, on the General Plan update;
Eden Rosen, congratulating Officer Dean; David Gordon, on Airport issues;
Theresa Karam, on the upcoming elections; Mark Barton, on easement
standards; Rose Prouser, on the compact single-family zone; Howard
Rothenbach, on timely City street repairs and congratulating Officer Joe
Dean; Maria Proctor, on campaign contributions and Airport issues; and,
David Piroli, on potential transit funding as discussed in a recent
newspaper article.
|
|
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:
LaVerne Thomas and
David Gordon, on the grade separation at Clybourn Street and Vanowen
Street; Eden Rosen, on Airport issues; Rose Prouser, on the A-1 North
property; Mark Barton, on alley vacations and Airport issues; and, David
Piroli, on the A-1 North property and traffic issues.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
804-3
Jt. Mtg. with
Redev. Agency
Non-Profit
Organization
Facility Funding
Program |
No report was received. Mrs. Ramos requested that the item be moved to a
future Council date.
|
|
Motion |
It was moved by Ms. Murphy, seconded by Mr. Campbell and carried that
�this report be postponed to a future meeting.�
|
|
Item
Removed from
Consent
Calendar |
The item regarding 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 was removed from the consent calendar for the purpose
of discussion.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Ms. Murphy that "the
following item on the consent calendar be approved as recommended.�
|
|
204-2
Results of the
Primary Nominating
Election |
RESOLUTION NO. 26,924:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING THE RESULTS
OF THE PRIMARY NOMINATING ELECTION HELD ON FEBRUARY 22, 2005.
|
|
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.
|
|
1411-2
V-370 Reso. of
Intent to Vacate
401 N. Buena
Vista Library |
A report was
received from the Community Development Department requesting that the
Council consider adopting 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 report indicated
that 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 would set the public hearing date for
March 29, 2005.
|
|
Motion |
It was moved by Mr.
Golonski and seconded by Mr. Campbell that �the following resolution be
passed and adopted:�
|
|
1411-2
V-370 Reso. of
Intent to Vacate
401 N. Buena
Vista Library |
RESOLUTION NO.
26,923:
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).
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, and Ramos.
Noes: Council Members Murphy and Vander Borght.
Absent: Council Members None.
|
|
904-2
Disaster
Mitigation Act
of 2000 |
Mr. Baenen, Disaster
Preparedness Coordinator, presented the first edition of the City�s
All-Hazard Mitigation Plan (Plan) through which the City will continue its
commitment to the reduction of risks through hazard mitigation planning.
He explained that the Disaster Mitigation Act of 2000 requires that all
state and local governments develop comprehensive mitigation plans as a
condition of eligibility for future post-disaster mitigation grants after
November 4,
2004. He
noted that the Plan complies with this law, subject to receipt and
approval by the California Office of Emergency Services (OES) and the
Federal Emergency Management Agency (FEMA). He elaborated on the planning
process and acknowledged the City planning team; consultants; stakeholders
and public input, and discussed the details of the Plan.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Ms. Murphy that �the
following resolution be passed and adopted:�
|
|
904-2
All-Hazard
Mitigation Plan |
RESOLUTION NO. 26,925:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING THE ALL-HAZARD
MITIGATION PLAN AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PLAN.
|
|
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.
|
|
1101-2
Land Use
Element Follow-
Up: Housing
Goals and R-5
Multiple Family
Residential
Density |
Mrs. Lazar, Senior Planner, Community Development Department, reported
that at the December 14, 2004 meeting, the Council requested additional
information on the Very High Density land use category proposed for the
2005 Land Use Element update. She explained that very high density
referred to density that is 35 percent lower than the existing R-5 density
and lower than that permitted in the General Plan Land Use Element. She
stated that the Council specifically requested information on: the City�s
housing goals and obligations; the City�s progress in meeting these
obligations; whether the City needs to have a Very High Density land use
category in order to meet the housing goals and needs; and, detailed maps
showing the location and existing development for all of the areas
proposed for the Very High Density land use designation.
Mrs. Lazar informed the Council that the proposed density reductions will
affect the overall residential capacity of the City by about 13 percent.
She noted that this in turn directly affects the City�s ability to meet
its housing obligations to the State and the region, and to address
housing needs for the Burbank community. She added that updating the Land
Use Element requires that the City plans for a projected amount of new
development over the 20-year horizon of the plan. She stated that the
proposed Land Use Element update is based on a projected growth rate of
approximately 0.6 percent a year (260 units per year) based on past
development trends, historical averages, increase in employment
opportunities, new opportunities for residential development and an
ever-increasing demand for new housing in Burbank. She noted that at the
projected growth rate, the City would expect to add approximately 5,160
units over the 20-year plan horizon. She added that the City�s Housing
Element must show that the City has the appropriate land use capacity,
zoning, adequate and available sites to accommodate a given amount of new
housing, in order for to be approved by the State Department of Housing
and Community Development and made eligible for various State and regional
funding, such as the Jobs Incentive Balance Grant.
With a visual aid, Mrs. Lazar discussed the City�s housing production
goals in the adopted Housing Element and the City�s progress in meeting
these goals. She also discussed the City�s residential capacity with or
without the Very High Density land use category, noting that the
elimination of the Very High Density residential category does not
significantly affect the City�s ability to meet its projected housing
needs and obligations. She stated several reasons for maintaining the
Very High Density land use category in the new plan, including: provision
of affordable housing; more housing adjacent to the City�s downtown and
the Media District employment center; traffic alleviation while
encouraging use of public transit; incentive for the recycling of older
development; and, provision of new housing in areas with the least impact
on existing residential neighborhoods. She also elaborated on the areas
proposed for the Very High Density land use category. She noted that
should the Council support retaining the Very High Density designation,
the R-5 zone would be eliminated and all development in the very high
density area (over and above the reduced R-4 density) would be processed
as a Planned Development to ensure full Council discretion of all aspects
of the development and provide ample opportunity for public review and
input.
The Council did not support including a Very High Density land use
category in the 2005 Land Use Element update.
|
|
1101-2
Land Use
Element Update�
Proposed Compact Single
Family Resid. |
Mrs. Lazar, Senior Planner, Community Development Department, reported
that at the December 14, 2004 meeting, the Council requested additional
information on the proposed new Compact Single-Family (CSF) type of
development also known as Small Lot Single Family. She noted that CSF is
not proposed as a separate land use category in the 2005 Land Use Element
update, but rather as a new zone that would be part of the implementation
of a proposed new Low Density residential land use category.
She explained that CSF development allows for a single-family home to be
built on a lot that is smaller than the current 6,000 square foot (sf)
minimum lot size. She stated that CSF would be similar in density to
current R-2 zoning, which allows two units per 6,000 sf lot, but would
allow only one unit per smaller lot and be a single-family ownership
product. She added that there are several types of CSF development with
common elements such as: fee simple ownership of the lot on which the
home is built; its own front yard; rear yard; and, parking on the lot.
She discussed three basic CSF types that could be used in Burbank,
including: detached compact single-family with a density of 14 dwelling
units per acre; attached compact single-family with 14 to 17 dwelling
units per acre; and, townhouse single-family with 17 dwelling units per
acre density.
She informed the Council that CSF development would help achieve certain
community goals, such as: neighborhood compatibility; opportunities for
new single-family housing to be built in a City where existing
single-family areas are already built out; the smaller lot size for CSF
homes will allow for more affordable single-family homes to be built in
the community; and, CSF is an economically viable way of recycling older
residential properties without increasing the density. She also discussed
the proposed density hierarchy as follows: Very Low Density category with
R-1 zoning; Low Density category with CSF and R-2 zoning; Medium Density
category with R-3 zoning; and, High Density category with R-4 zoning.
The Council was supportive of the Compact Single-Family product type and
the Low Density residential category.
|
|
12:18 A.M.
Reconvene Redev.
Agency Meeting |
The Redevelopment Agency meeting was reconvened at this time.
|
|
Final Open
Public Comment
Period of Oral
Communications |
There was no response to the Mayor�s invitation for speakers for the final
open public comment period of oral communications at this time.
|
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 12:19 a.m.
_
Margarita Campos,
CMC
City
Clerk
|
|
|
|
