|
Present- |
Council Members Campbell, Murphy and Vander Borght. |
|
Absent - - - - |
Council Members Golonski and Ramos. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Oral
Communications |
Mayor Vander Borght called for oral communications on Closed Session
matters at this time.
|
|
Citizen
Comment |
Appearing to comment was
Mike Nolan, on
current contracts and retirement issues.
|
|
5:41 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:
Contracts and Retirement Issues.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:49 p.m. by Mr. Vander Borght, Mayor.
|
|
Invocation
|
The invocation was given by Sally Kinarthy, Providence Saint Joseph
Medical Center.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by
Kyle Hansen, Boy
Scout Troop 50, Verdugo Hills Council.
|
|
Present- |
Council Members Campbell, Golonski, Murphy and Vander Borght. |
|
Absent - - - - |
Council Member Ramos. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
301-1
Book Donation
From BWP |
Mary Forrest, Senior Conservation Advisor, Burbank Water and Power,
presented water-related topic books to the 11 Burbank Unified School
District (BUSD) elementary schools on behalf of Burbank Water and Power in
honor of Water Awareness Month. The books were received by Fran Zimmerman,
BUSD Librarian.
|
|
301-1
MAGLEV
Project |
Albert Perdon, Executive Director of the Orangeline Development Authority,
gave a presentation on the Orangeline Corridor Development Project, a
high-speed Maglev transportation system proposed to operate above existing
public highway and railroad rights-of-way.
|
|
Additional
Agenda Item |
Council Member Campbell requested that an additional item related to the
purchase of additional buses by the Airport Authority be placed on the
agenda stating that �there is a need to take immediate action and that the
need for action came to the attention of the City subsequent to the agenda
being posted.�
|
|
Motion |
It was moved by Mr. Campbell, seconded by Mr. Vander Borght and carried
that �the additional item related to the purchase of additional buses by
the Airport Authority be added.�
|
|
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 |
Mr. Vander Borght called for speakers for the initial open public comment
period of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were: Gary Garrison, on Burbank On Parade; Bob Smith,
on the Neighborhood Protection Plan; Charles Zembillas, on relocation of
Dimples to the former Chadney�s site; Eden Rosen, on funding for street
maintenance and on the City�s graffiti removal efforts; Mark Barton, on
the design of the Burbank Civic Center Plaza; and, James Schad, on the
City employees pension fund deficit.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Agenda Item
Oral Communications |
Mr. Vander Borght called for speakers for the agenda item oral
communications at this time.
|
|
Citizen
Comment |
Appearing to comment on the proposed R-1 standards were: PJ Masters;
Lenora Aguilera; and, Mark Barton.
Commenting on the Alameda North Neighborhood Protection Program were:
David Freiburger; Geralyn Ricciardella; John Mosher; Ernie Sheesley;
Jeanette Hammond; Rick Lacher; Joseph Ricciardella; Pam Strahs; Esther
Espinoza; Irene Jensen; John May; Peter Wetrauch; and, Stefanie Girard.
Also appearing to comment were: Michelle Botts, on the Whitnal Highway
traffic patterns; Paul Dyson, who was interrupted for not addressing an
Agenda item; Don Elsmore, on the proposed second Compressed Natural Gas (CNG)
fueling station and potential diesel bus purchase by the Airport
Authority; Theresa Karam, on traffic in the Media District and the
proposed �rules of the road� ordinance; Eden Rosen, on real estate open
house signage, Landlord-Tenant Commission appointments and the purchase of
diesel buses by the Airport Authority; Howard Rothenbach, on the potential
of using natural gas vehicles at the Airport, and on the real estate Open
House Sign Ordinance; Mike Nolan, on the sale of bonds, the Burbank Civic
Plaza, review of Planned Development agreements and the potential CNG
fueling station at the Airport; and, David Piroli, in support of a letter
to the Airport Authority regarding the purchase of diesel buses.
|
|
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 items on the consent calendar be approved as recommended.�
|
|
1108
703
PSA with Wolff
Lang Christopher
For Ovrom Park |
RESOLUTION NO. 26,987:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AMENDMENT NO.
2 TO THE AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF BURBANK
AND WOLFF LANG CHRISTOPHER, INC. FOR THE ROBERT R. OVROM PARK PROJECT,
PHASE I.
|
|
1207
Agmt. with Leo
A. Daly for the
Community
Services Bldg. |
RESOLUTION NO. 26,988:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AMENDMENT NO.
4 TO AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF BURBANK AND
LEO A. DALY COMPANY.
|
|
1301-3
CDBG Street,
Sidewalk & Ped.
Ramp Project
(BS No. 1182) |
RESOLUTION NO. 26,989:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING
CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST
RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A
CONTRACT FOR THE 2004-05 CDBG STREET, SIDEWALK AND PEDESTRIAN RAMP
PROJECT, BID SCHEDULE NO. 1182.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
9:11 P.M.
Mr. Golonski
Left Meeting
|
Mr. Golonski left the meeting at this time due to a potential conflict
with the following item.
|
|
1703
Alameda North
Neighborhood
Protection Program |
Mrs. Forbes, Principal Planner, Community Development Department, informed
the Council that while processing the first proposal of the Platt Project,
residents in the adjacent area reported existing problems with speeding
cut-through traffic and commercial parking encroachment in their
residential neighborhood. She added that the Council directed staff to
conduct a study on traffic and parking conditions in the area bounded by
Hollywood Way, Oak Street, Buena Vista Street, Olive Avenue and Alameda
Avenue. She noted that the Council selected this area because it appeared
to be the most directly affected by the existing and proposed commercial
development.
Mrs. Forbes reported that staff retained Kaku Associates to prepare the
study. She explained that a questionnaire was sent to property owners and
tenants in the study area and simultaneously, segment intersection counts
were also taken. She added that staff and the consultant conducted five
community meetings to educate the public on various traffic calming
measures available to address the impacts. She then discussed the
elements of the Neighborhood Protection Plan proposed by the residents,
including: permit parking; striping; red curbing; eliminating the
left-turn lane from northbound Buena Vista Street to Oak Street;
diverters; provision of street parking; and, stop signs.
Mrs. Forbes informed the Council that staff recommended implementing some
of the program elements, such as: permit parking on the local streets but
not on Alameda Avenue; implementation of the speed awareness campaign by
placing a speed trailer on the streets; striping and red curbing along Oak
Street; and, a raised three-way stop sign intersection at Lima Street and
Oak Street. She noted that the cost to implement the first phase is
estimated at $57,000 and will be reimbursed by the Platt Project developer
as a Condition of Approval for that Planned Development project. She
added that staff recommended additional community meetings be conducted a
year after implementation of the first phase and after additional traffic
counts have been taken to determine any second phase improvements.
The Council approved of staff�s recommendations to proceed with
implementing the first phase and to include residents from Oak Street to
Verdugo Avenue just north of the study area when reviewing the
effectiveness of the measures.
The Council also directed that a review be conducted in six months;
special permits be provided for school functions; parking permits be
provided for the entire block; the left-turn traffic movement onto
Fairview Street off of Olive Avenue be restricted; and, an easier method
be implemented for the residents to be able to achieve changes to
restrictive parking in the future.
|
|
9:21 P.M.
Mr. Golonski
Returned to the
Meeting |
Mr. Golonski returned to the meeting at this time.
|
|
202-11
Appointments
To the Landlord-
Tenant Commission |
Mrs. Campos, City Clerk, requested the Council make appointments from the
qualified applicants to fill three terms on the Landlord-Tenant Commission
ending on June 1, 2005. She reported that on March 30, 2005, the City
Clerk's Office began advertising and accepting applications for vacancies
on various City boards, commissions and committees and as of the
application deadline of Friday, April 29, 2005 at 5:00 p.m., only two
applications were received for the three vacancies on this Commission.
She noted that at the Community Development Department�s request, the
application period for the vacancies was extended to Friday, May 20, 2005
at 5:00 p.m. to allow for the Council to make the appointments prior to
June 1, 2005. She reported that as of this extended deadline,
applications were received from the following: Janis Bunch; Molly L.
Shore; Yvette M. Ulloa; Maria E. Gonzalez-Romano; and, Alma Briseno.
Following a vote of the Council, Molly Shore and Alma Briseno were
appointed to the Landlord Tenant Commission for four-year terms ending
June 1, 2009. Staff was directed to bring back the third vacancy
appointment between Janice Bunch and Maria E. Gonzales-Romano for full
Council consideration at a later date.
|
|
1702
Review of
Planned Dev.
Agmts. |
Mrs. Lazar, Senior Planner, Community Development Department, presented
information on the status of Development Agreements (DAs) that have been
entered into as part of the Planned Development (PD) process. She noted
that the Burbank Municipal Code (BMC) requires that the Community
Development Director submit to the Council, on an annual basis, a review
of DAs entered into pursuant to the PD provisions of the BMC and stated
that the current review covers the time period between April 1, 2004
through April 1, 2005. She reported that this annual review is an
opportunity to ensure that developers are complying with their schedules
and Conditions of Approval. She explained that there are currently 18
active PDs that are not built or not yet complete and that all PDs are in
compliance with their schedules and requirements with the exception of PD
94-7, Warner Bros. Main Lot Master Plan and PD 94-8, Warner Bros. Studios
Ranch Lot Master Plan. She noted that both projects were required to
conduct a child care survey by November 2000 which has not been complied
with. She stated that Warner Bros. is aware of their obligation under the
DA and has been working with staff to find a solution to meeting the
requirement.
Mrs. Lazar informed the Council that there are 10 un-built PDs for which
DAs have expired, including PD 94-4 for a 253-room hotel on First Street
which expired on March 4, 2005 during the current one-year review period.
She added that the property owner has submitted an application for a new
PD for a smaller hotel. She noted that the remaining DAs expired in 2000
or 2001 and that these sites are therefore left with a PD zoning for an
approved project, but the developers no longer have vested rights to build
the projects and the conditions and regulations that the City has imposed
on the particular projects, which were contained in the DAs, are no longer
in effect. She noted that staff recommends a two-pronged approach to
remedy such situations, including rezoning of these properties to the zone
designation that preceded the DA or to a use consistent with surrounding
land uses; or, the BMC be amended to include a process for PDs to ensure
that in the future, a PD zone does not effectively replace the existing
underlying zone until its certain that the entitled project is actually
going to be built, and to ensure that all requirements for the PD and any
Conditions of Approval would not be part of a DA that has an expiration
date, but rather be an integral part of the approved PD zone. She
requested Council direction to: 1) proceed with the rezoning of PDs with
expired DAs; and, 2) work with the City Attorney�s Office on amending the
BMC relating to PDs to eliminate the zone reversion clause, and to ensure
that if PDs are not built in accordance with the provisions of the DA, the
underlying zone does not get changed.
The Council was not supportive of hiring a contract planner to rezone PDs
with expired DAs and requested that staff not re-prioritize the task but
accomplish it in a reasonable timeframe.
Following Council deliberation, staff was directed to: 1) proceed with
the rezoning of PDs with expired DAs to the original underlying zone or to
a zone consistent with the surrounding uses by Council action; and, 2)
work with the City Attorney�s Office on amending the BMC relating to PDs
to eliminate the zone reversion clause, and to ensure that if PDs are not
built in accordance with the provisions of the DA, the underlying zone
does not get changed.
|
|
604
Real Estate
Open House
Sign Ordinance |
Mr. Hirsch, Assistant Community Development Director/ License and Code
Services, reported that at the May 3, 2005 Council meeting, staff reported
that the Temporary Real Estate Open House Sign Ordinance, which became
effective July 24, 2004 and sunsets on July 24, 2005, had been effective
in regulating the placement of real estate �Open House� signs within the
public right-of-way. He added that the Council directed staff to return
with an ordinance which eliminates the sunset provision of the ordinance
and a resolution to amend the Burbank Fee Schedule to raise the permit fee
from $10 to $12 and to make the fee non-prorated.
Mr. Hirsch briefly described the restrictions, standards and requirements
of the ordinance which include: size of sign; height of sign; only local
address to be advertised on the sign; number of signs permitted per
property; sign types; location; timeframe for posting signs; permit
requirement; and, required identification. He also gave an update on the
permitting process.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Ms. Murphy that �the
following resolution be passed and adopted and the following ordinance be
introduced and be passed to the second reading:�
|
|
604
Real Estate
Open House
Sign Ordinance |
RESOLUTION NO. 26,990:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE II,
SECTION 7, SUBSECTION (D)(5) OF RESOLUTION NO. 26,737, THE BURBANK FEE
RESOLUTION, RELATING TO TEMPORARY �OPEN HOUSE� SIGNS IN THE PUBLIC
RIGHT-OF-WAY PERMIT.
|
|
604
Real Estate
Open House
Sign Ordinance |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ORDINANCE NO.
3641 TO ELIMINATE THE SUNSET PROVISION OF THE TEMPORARY �OPEN HOUSE� REAL
ESTATE SIGNS ORDINANCE.
|
|
Adopted |
The resolution was adopted and the ordinance was introduced by the
following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
206
Approval of
Bike Paths, Bike
Trails, Bikeways,
Equestrian, Hiking
and Recreation
Trails Ordinance
|
Captain Craig Varner requested Council approval of an ordinance governing
the �rules of the road� along the bicycle paths, bicycle trails, bikeways,
equestrian, hiking and recreation trails. He noted that the bikeways,
bicycle paths and other types of trails are avenues of recreational
activity enjoyed by many local residents for walking, riding bicycles,
skating, horseback riding and skateboarding. He noted that the proposed
ordinance will govern the modes of transportation along these areas and
keep the areas as safe as possible. He noted that motor vehicles,
motorized scooters, motorized skateboards, electric personal assistive
mobility devices/ segways; low speed or neighborhood electric vehicles;
and, motorized bicycles will be prohibited. He noted that self propelled
wheel chairs, invalid tricycles and motorized quadro-cycles utilized by
persons with physical disabilities will be allowed to operate on any area
where a pedestrian will be allowed to travel such as bikeways.
|
|
Ordinance
Introduced |
It was moved by Ms. Murphy and seconded by Mr. Campbell that �the
following ordinance be introduced and read for the first time by title
only and be passed to the second reading.� The ordinance was introduced
and the title read:
|
|
206
Approval of
Bike Paths, Bike
Trails, Bikeways,
Equestrian, Hiking
and Recreation
Trails Ordinance
|
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING ARTICLE 28,
SECTION 29-2704 TO CHAPTER 20 OF THE BURBANK MUNICIPAL CODE ESTABLISHING
THE RULES OF THE ROAD FOR PEDESTRIAN AND BICYCLE FACILITIES, INCLUDING BUT
NOT LIMITED TO SIDEWALKS, BICYCLE PATHS, BICYCLE TRAILS, BIKEWAYS,
EQUESTRIAN TRAILS, HIKING AND RECREATION TRAILS.
|
|
Adopted |
The ordinance was introduced by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
1503
1504
BWP Monthly
Operations Report |
Mr. Davis, General Manager, Burbank Water and Power, presented the monthly
Water and Power Operating Report for the month of May 2005. He gave the
Council an update on the: drinking water quality standards; Water Fund;
Burbank Operable Unit improvements; ground water replenishment efforts;
stated there were no reported electric outages; and, gave an update on the
Electric Fund. He also reported that the Lake One retrofitting and the
Magnolia Power Project construction have been completed.
|
|
406
1501-3
Pending Diesel
Bus Purchase |
Mr. Vander Borght noted that an urgency item was added to the Agenda for
the Council to consider sending a letter to the Airport Authority urging
them to reconsider the purchase of diesel buses and in support of
purchasing Compressed Natural Gas buses instead.
|
|
Motion |
It was moved by Mr. Campbell, seconded by Mr. Vander Borght and carried
with Mrs. Ramos absent that �staff be directed to draft a letter to the
Airport Authority urging them to pursue the cleanest option and technology
available with regard to bus purchases for the Airport. The letter would
also request that the Authority provide the City with an opportunity to
comment on the matter prior to taking final action.�
|
|
Ordinance
Submitted |
It was moved by Ms. Murphy and seconded by Mr. Campbell that �Ordinance
No. 3668 be read for the second time by title only and be passed and
adopted as amended.� The title to the following ordinance was read:
|
|
504
Adopt 2004
Electrical Code |
ORDINANCE NO. 3668:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 7 OF
THE BURBANK MUNICIPAL CODE REGARDING THE BUILDING CODE AND ADOPTING THE
2004 CALIFORNIA ELECTRICAL CODE.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
Ordinance
Submitted |
It was moved by Mr. Campbell and seconded by Ms. Murphy that �Ordinance
No. 3669 be read for the second time by title only and be passed and
adopted as amended.� The title to the following ordinance was read:
|
|
1702
Amend Ch. 31
Relating to Dev.
Standards for
R-1 and R-1-H
Zones |
ORDINANCE NO. 3669:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING VARIOUS
PROVISIONS OF CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO
DEVELOPMENT STANDARDS FOR R-1 AND R-1-H ZONES.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
Ordinance
Submitted |
It was moved by Mr. Campbell and seconded by Ms. Murphy that �Ordinance
No. 3670 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
|
|
1702
Amend Zone
Map to Eliminate
The R-1-E
Residential Zone |
ORDINANCE NO. 3670:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE ZONE MAP
TO ELIMINATE THE R-1-E RESIDENTIAL ESTATE ZONE.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
Ordinance
Submitted |
It was moved by Ms. Murphy and seconded by Mr. Campbell that �Ordinance
No. 3671 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
|
|
804-5
Proposed
Community
Facilities District
No. 2005-1 |
ORDINANCE NO. 3671:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING ARTICLE 20 TO
CHAPTER 14 OF THE BURBANK MUNICIPAL CODE RELATING TO PUBLIC SERVICES AND
IMPROVEMENT FINANCING.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Murphy and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Ramos.
|
|
Final Open
Public Comment
Period of Oral
Communications |
Mr. Vander Borght called for speakers for the final open public comment
period of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were: Paul Dyson, on the Maglev presentation; Theresa
Karam, on the deposition costs in the case of Karam v. City of Burbank;
Michael Garcia, announcing a National Trails Day event; Esther Espinoza,
on appointments to boards, commissions and committees; and, Mike Nolan, on
the Airport Authority bus purchase.
|
|
Staff
Response
|
Members of the Council and staff responded to questions raised.
|
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 10:47 p.m.
Margarita Campos,
CMC
City
Clerk
|
