|
Present- |
Council Members Campbell, Golonski, and Vander Borght. |
|
Absent - - - - |
Council Member Murphy and Ramos. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Oral
Communications |
There was no response to the Vice Mayor�s invitation for oral
communications on Closed Session matters at this time.
|
|
4:37 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 Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name
of Case:
City of Burbank v. Kajima Construction Services, Inc., a California
Corporation; WLC Architects; and Does 1 through 100, inclusive.
Case No.:
04CC12506.
Brief description and nature of case:
Construction Defect of Police/Fire Building.
|
|
|
b. Conference with Real Property Negotiator:
Pursuant to Govt. Code �54956.8
Agency Negotiator: Community Development Director/ Susan M.
Georgino.
Property:
934 Lima Street � Parking lot located behind 3310 Magnolia Boulevard,
between Lima Street and California Street.
Parties with Whom Agency is Negotiating:
Burbank Community Church.
Name of Contact Person:
Jack Lynch, Senior Redevelopment Project Manager.
Terms Under Negotiation:
Long term lease.
|
|
5:28 P.M.
Proposed Dev.
Standards for
R-1, R-1-E and
R-1-H Single-
Family Residential
Zones Study
Session |
Mr. Forbes, Senior Planner, Community Development Department, reported
that on September 14, 2004, the Council adopted an Interim Development
Control Ordinance (IDCO) that established interim height and floor area
ratio standards for the single-family residential zones. He noted that
the IDCO was adopted in response to increasing concerns that many new and
remodeled homes in Burbank were out of character with their surrounding
neighborhoods. He added that on October 26, 2004, the Council extended
the IDCO through June 30, 2005 to provide staff with additional time to
solicit community input and prepare a proposed set of new single-family
development standards.
Mr. Forbes stated that two additional community meetings were held, on
January 27, 2005 and February 9, 2005, with a separate meeting held on
February 16, 2005 with residents of the hillside area specifically
regarding proposed development standards for single-family properties in
the hillside area. He added that most of the proposed revisions to the
existing standards seek to address �mansionization� concerns by revising
standards that directly affect the massing of a house and the potential
impacts on neighboring properties. He noted that other revisions are also
proposed to standards that may not be directly related to mansionization
but which staff believes should also be addressed as part of a package of
new standards.
Mr. Forbes discussed the most notable proposed changes in: height; Floor
Area Ratio (FAR); lot coverage; front and side yards; rear yards;
accessory structures; parking; garages; and, front yards. He also
discussed the proposed Administrative Use Permit (AUP) process which would
be used for unique circumstances such as substandard lots and existing
built-up areas, to provide exceptions for the FAR on small lots and height
where existing development does not comply with the Burbank Municipal
Code.
Mr. Forbes informed the Council that the standards would also address view
protection in the hillside area. He stated that although the proposed
standards do not explicitly protect views and are not considered a true
view protection ordinance, they are directed towards protecting views to
the extent possible with a ministerial review process, and would be more
restrictive than standards in other parts of the City. He noted that the
hillside standards would restrict height through a height plane that
follows the terrain, with a maximum height of 30 feet and an AUP would be
required for any height over 24 feet as measured to the top of the roof
and would also take into consideration view impacts. He also added that
staff proposed that an AUP be required for homes over 3,000 sf. With
regard to setbacks, he stated that staff proposed to maintain the current
setbacks but regardless of the primary view of the home, structures could
not be allowed beyond homes on either side to protect their views. He
noted that despite public concern, the design and privacy issues cannot be
addressed with conventional standards without the implementation of a
design review process which staff recommends against.
Mr. Forbes concluded with staff�s recommendation for Council direction to
proceed with a Zone Text Amendment that would implement new development
standards for the single-family residential zones, including special
standards for the hillside area. He stated that staff recommended that
the process be expedited such that new standards are in place prior to the
expiration of the IDCO on June 30, 2005.
Council deliberation generally focused on:
1) Retaining carports as an alternative to enclosed garages for required
off-street parking. Staff had proposed allowing garages only and not
carports;
2) Using the number of bedrooms as a basis for the off-street parking
requirement rather than square footage, and addressing concerns regarding
the ability to fit three parking spaces on smaller lots;
3) Increasing rear yard setbacks from staff-proposed 10' to 15� or 20�;
or, percentage of lot depth;
4) Allowing zero rear yard setback for accessory structures along alleys;
5) Providing a 45-degree setback plane for accessory structures rather
than a fixed second story setback for side and rear yard setbacks;
6) Changing side yard setbacks to 10 percent of lot width for all lots,
with minimum 3� and maximum 10� rather than fixed 5' as proposed by staff;
7) Retaining the lot coverage limitation but making it lower than the
current 60 percent requirement. Staff had proposed to eliminating the lot
coverage requirement; and,
8) Reducing FAR below 0.45 and creating an incentive program to get back
up to 0.45 FAR through providing additional setbacks and other such
incentives.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:48 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 Raymond Salem.
|
|
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
Fall 2004 Crest
Program
Participants |
Mrs. Barwick, Administrative Analyst, Management Services Department,
briefly described the Crest Program. Mayor Ramos joined Mrs. Barwick in
recognizing the following students for their participation in the Fall
2004 Crest Program: Elmas Avedisian; Kevork Babayan; Carlos Becke;
Melissa Castro; Sarkis Kotelyan; Jamie Morales; Noe Patlan; James Payad;
and, Raymond Salem.
|
|
301-1
Student Design
Competition |
John Cheng, Building Official, Community Development Department, described
the student design competition. Tom Lim, Principal Plan Check Engineer,
outlined the criteria of the competition. Margaret Taylor, judge and
Planning Board Chair, commended staff and the students. Certificates of
recognition were presented to the following winners: Adam Nizich and
Jesse Soto of Burbank High School with Irene Harley as the advisor, for
the Best Overall category; Tim Castillo of John Burroughs High School with
Dena Williams as the advisor, for the Most Creative category; Jason
Martinez, Jonathan Ontiveros and Hakon Engvig of John Burroughs High
School with Dena Williams as the advisor, for the Honorable Mention
category; and, Vahe Haroutounian of Burbank High School with Irene Harley
as the advisor, for the Special Recognition category.
|
|
301-1
National Library
Week |
Mayor Ramos
presented a proclamation in honor of National Library Week to Dorie
Beaumont, Chair of the Board of Library Trustees.
|
|
406
Airport Authority
Meeting Report |
Commissioner Lombardo reported on the Airport Authority meeting of April
4, 2005. He stated that the Authority approved: a Signatory Airport Use
Agreement, month-to-month office lease, Equipment Maintenance Agreement
and electronic kiosk permit for JetBlue Airways Corporation; termination
of a non-exclusive limited automobile rental lease and concession
agreement with Thrifty Rent-A-Car System; a first amendment to the
non-exclusive license agreement with SBC Communications, Inc. for wireless
internet services; and, Resolution No. 402 authorizing the distribution of
a preliminary official statement in connection with the offering and sale
of Airport revenue bonds and authorizing certain other matters related
thereto.
The Council received the report.
|
|
7:23 P.M.
Hearing
1702
Appeal of DR
2004-67 � 2503
N. Ontario St. |
Mayor Ramos stated that �this is the time and place for the hearing on the
appeal of the Planning Board�s decision affirming Project No. 2004-67
Development Review. The Applicant, Armin Gharai, applied for Development
Review requesting authorization to add 4,332 square feet to an existing
warehouse building located at 2503 North Ontario Street. The approval by
the Community Development Director on October 4, 2004 was appealed to the
Planning Board on November 10, 2003. The Planning Board upheld the
Director�s decision. Now the matter has been appealed to the Council by
Denise McLaughlin.�
|
|
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 |
Dawn Robinson, Contract Planner, Community Development Department,
requested that the Council consider an appeal of the Planning Board�s
decision to conditionally approve Project No. 2004-67 Development Review,
a request by Mr. Armin Gharai to add 4,332 square feet to an existing
warehouse building located at 2503 North Ontario Street. She stated that
the Planning Board�s decision to approve the project is being appealed by
Ms. Sandra Bowman, Ms. Denise McLaughlin and Ms. Sharyn Schrick, owners of
the property directly to the north of the subject site at 2509 North
Ontario Street.
Mrs. Robinson informed the Council that the appellants state that the
project will impact access, valuation and leasing of their property. She
noted that the construction will create a 9-foot 11-inch driveway on the
neighbors� property, one inch less than Burbank Municipal Code-required
10-foot driveway. She discussed documentation provided by the applicant
and concluded that staff recommended upholding the Planning Board�s
decision to approve the project.
|
|
Appellant |
Robert Hess,
Attorney for property owners of
2509 North Ontario
Street, gave a background on the property and expressed several concerns
with the proposed project.
|
|
Applicant |
John Avanessian,
applicant, made clarifications with regard to the existing chain link
fence, accessibility, easement issues and urged the Council to approve the
project to avoid further delays.
|
|
Oral Comment |
There was no response to the Mayor�s invitation for oral comment.
|
|
Appellant�s
Rebuttal
|
Mr. Hess made
rebuttal comments with regard to the easement issues and urged the Council
not to approve the project pending Court ruling on the easement issues.
|
|
Applicant�s
Rebuttal |
Mr. Avanessian,
Applicant, made rebuttal comments with regard to easement issues and the
pending Court ruling.
|
|
Staff�s
Rebuttal |
Mrs. Robinson
clarified the comments from the Public Works Department, commented on the
easement issues and noted that the project was subject to ministerial
review and would be approved if it meets the Burbank Municipal Code
requirements. She also noted that the project was not subject to the
necessary findings and that easement issues were a civil matter.
|
|
Hearing
Closed
|
The hearing was declared closed.
|
|
Motion |
It was moved by Ms. Murphy and seconded by Mr. Golonski that "the
following resolution be passed and adopted:�
|
|
1702
Appeal of DR
2004-67 � 2503
N. Ontario St.
|
RESOLUTION NO. 26,945:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DENYING THE APPEAL AND
AFFIRMING THE PLANNING BOARD�S DECISION TO APPROVE PROJECT NO. 2004-67
DEVELOPMENT REVIEW (Applicant: Armin Gharai, 2503 North Ontario Street).
|
|
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.
|
|
8:00 P.M.
Hearing
1704-5
Appeal of VAR
2004-181 � 125
N. Valley St. |
Mayor Ramos stated that �this is the time and place for consideration of
the appeal of Project No. 2004-181, a request for a fence height variance
which was denied by the Planning Board. The subject property is 125 North
Valley Street. The Applicant and Appellant is Michael Williams.�
|
|
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 |
Dawn Robinson, Contract Planner, Community Development Department,
requested that the Council consider an appeal of the Planning Board�s
decision to deny a request by Mr. Michael Williams for Project No.
2004-181 Variance, to legalize an existing partially-constructed wall at
125 North Valley Street. She explained that approval of a variance is
required to construct a wall or fence higher than three feet within the
required 25-foot front yard setback of the R-1 Single-Family Residential
Zone.
Mrs. Robinson stated that the applicant indicated that the wall is
necessary for security and privacy since his home has been burglarized
three times and that other properties on the block have similar walls.
She discussed the existing fences in the neighborhood and the Planning
Board�s deliberation. She concluded that since three of the four findings
cannot be made to approve the variance, staff recommended denying the
project.
|
|
Applicant
|
Michael Williams, Applicant, commented on the existing wall fences in his
neighborhood and noted that he has taken the Planning Board and neighbors�
concerns into consideration and made several revisions to his plan. He
stated that the wall fence on his property is currently reduced to three
feet but provides no security and privacy, considering that his home has
been broken into three times and burglarized once in 2003 prior to
building the wall in 2004. He urged the Council to approve the project.
|
|
Hearing
Closed |
There being no response to the Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
Deliberation |
Mr. Vander Borght clarified that the applicant has already reduced the
wall to three feet and is requesting reconsideration at four-feet
six-inches in height.
Mr. Golonski noted the presence of non-conforming and perhaps illegal
fences in the area and supported approving the request at four feet
including the pilasters.
Ms. Murphy suggested that the wall adjacent to the driveway be maintained
at three feet for visibility purposes. The Council concurred.
|
|
Motion |
It was moved by Ms. Murphy, seconded by Mr. Campbell and carried that
"that staff bring back an appropriate resolution denying the Planning
Board�s request and approving Project No. 2004-181.�
|
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council 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: Garen Yegparian, on misrepresentation of
campaign contributions; Donald Elsmore, on Airport matters; David Gordon,
on the proposed development adjacent to the A-1 North property; R.C.
Chappy Chapiewski and Rose Prouser, on Airport matters; Fred Prouser, on
the Charter Review Committee; Theresa Karam, on the upcoming General
Municipal Election; Eden Rosen, on affordable housing; Mark Barton, on
signage at Bob Hope Airport; Lee Paysinger, on abuse of oral
communications; and, David Piroli, on the speed limit on Scott Road
between Glenoaks Boulevard and San Fernando Road.
|
|
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: Don Elsmore, on Airport matters; David Gordon,
on the California Environmental Quality Act as it pertains to Bob Hope
Airport; R.C. Chappy Chapiewski, Rose Prouser and Theresa Karam, on
Airport matters; Eden Rosen, on public art and Airport matters; Mark
Barton, in support of the Burbank Water and Power public art pieces and on
signage at Bob Hope Airport; Bob Olson, on the Burbank Water and Power
public art pieces; and, David Piroli, on the Burbank Water and Power
public art pieces, and Airport matters.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Motion |
It was moved by Ms. Murphy and seconded by Mr. Campbell that "the
following item on the consent calendar be approved as recommended.�
|
|
404
LA County Flood
Control District
Transfer of
Storm Drain Imp. |
RESOLUTION NO. 26,946:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REQUESTING THE BOARD OF
SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT THE TRANSFER AND
CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER
DRAIN NO. 1653 IN THE CITY OF BURBANK FOR FUTURE OPERATION, MAINTENANCE,
REPAIR, AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE
THEREOF.
|
|
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.
|
|
1705-2
Agmt�s with
Kathleen Caricof
and Dale Claude
Lamphere for Art
in Public Places
Projects |
Mrs. Davis, Administrative Officer, Burbank Water and Power, requested
Council approval to enter into agreements with the National Sculptors�
Guild, Kathleen Caricof and Dale Claude Lamphere for two Art in Public
Places projects at Burbank Water and Power (BWP). She reported that a
Site Specific Selection Committee was formed in May 2004 for the purpose
of selecting two significant Art in Public Places projects which focus on
water and light elements, to be located in the view corridors of Magnolia
Boulevard/Lake Street and Olive Avenue/Lake Street. She added that after
attending an art festival in Loveland, Colorado, the home of many
large-piece artist shops and displays, and touring a variety of fountains
and sculptures in the cities of Cerritos and Brea, the Committee selected
the following artists based upon their experience, ability and talent with
large sculptures. She noted that the Committee has been working with John
Kinkade, Executive Director of the National Sculptors� Guild, for
facilitation with the artists.
Mrs. Davis discussed the details of the sculpture proposed for the corner
of Olive Avenue/Lake Street by Dale Claude Lamphere, which is entitled
�Water and Light.� She noted that the sculpture would take approximately
six months to complete and would cost $50,000. She then described the
details of the sculpture by Kathleen Caricof entitled �Community,�
proposed for the corner of Magnolia Boulevard/Lake Street at a cost of
$294,144. She noted that this project would also take approximately six
months to complete.
Katie Sprague, Vice President of RTKL Architects, commented on the Burbank
Water and Power facility renovation and on the process of selecting the
artists and pieces.
Kathleen Caricof, Architect, also addressed the Council with regard to the
inspiration for the proposed art piece and the materials that will be
used.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Ms. Murphy that �the
following resolutions be passed and adopted with authorization to the
Burbank Water and Power General Manager with concurrence with the City
Attorney to make non-substantial amendments to the agreements:�
|
|
1705-2
Agmt. with
Kathleen Caricof
For Artwork at
The BWP Facility |
RESOLUTION NO. 26,947:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT
BY AND AMONG THE CITY OF BURBANK, THE NATIONAL SCULPTORS� GUILD AND
KATHLEEN CARICOF FOR THE DESIGN, FABRICATION AND INSTALLATION OF ARTWORK
AT THE BURBANK WATER AND POWER FACILITY.
|
|
1705-2
Agmt. with Dale
Claude Lamphere for
Artwork at the
BWP Facility |
RESOLUTION NO. 26,948:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT
BY AND AMONG THE CITY OF BURBANK, THE NATIONAL SCULPTORS� GUILD AND DALE
CLAUDE LAMPHERE FOR THE DESIGN, FABRICATION AND INSTALLATION OF ARTWORK AT
THE BURBANK WATER AND POWER FACILITY.
|
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members
Campbell, Murphy, Vander Borght
and Ramos.
Noes: Council Member Golonski.
Absent: Council Members None.
|
|
202-12
Appt. to the
Transportation
Commission |
Mrs. Campos, City Clerk, requested that the Council make appointments to
fill two unexpired terms on the Transportation Commission. She noted that
one term expires on June 1, 2005 and the other term on June 1, 2007. She
explained that the Transportation Commission consists of seven members
appointed by the Council giving consideration to persons affiliated with:
small and large businesses; transportation technology research and
development organizations; homeowners; the Burbank-Glendale-Pasadena
Airport Authority; Transportation Management Organizations; or,
associations and other special needs groups such as senior citizens,
persons with disabilities and bicyclists. She stated that there are
currently two vacancies on the Commission caused by the resignation Frank
R. Barneburg and the absence of Mr. Paul McKenna due to his military
obligation in the National Guard. She noted the City Clerk�s office began
advertising for the vacancies with the issuance of a press release on
February 23, 2005 and notice was also placed on the City�s website and the
Channel 6 Scroll. She added that as of the Friday, March 25, 2005
deadline, applications were received from Paul D. Dyson and Richard E.
Brewster.
|
|
Motion |
It was moved by Ms. Murphy, seconded by Mr. Vander Borght and carried with
Mr. Campbell voting no that �Mr. Dyson and Mr. Brewster be appointed to
the Transportation Commission and that a coin toss by the City Clerk
determine the applicant who gets the longer term of four years and two
months.�
|
|
1503
1504
BWP Monthly
Operating Report |
Mr. Davis, General Manager, Burbank Water and Power, presented the monthly
Water and Power Operating Report for March 2005. He commented on the low
water sales; on-going improvements to the Burbank Operable Unit; electric
outages; electric retail and wholesale revenues; renewable energy
generating capacity; and gave an update on the Magnolia Power Project and
the automated meter reading process.
The report was noted and filed.
|
|
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.
|
|
301-2
Memorial
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 10:34 p.m. in memory of Pope John Paul II and to Tuesday,
April 19, 2005 at 5:00 p.m. in the Council Chamber for a Study Session on
the Initial Overview of the Fiscal Year 2005-06 Budget and Five-Year
Forecast.
Margarita Campos, CMC
City Clerk
|
|
|
|
