|
Present- |
Council Members Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Campbell and Murphy. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Oral
Communications |
There was no response to the Mayor�s invitation for oral communications on
Closed Session matters at this time.
|
|
4:41 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.
|
|
|
b. Conference with Legal Counsel � Anticipated Litigation (City as
potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 1
|
|
STUDY SESSION |
The study session convened at 5:15 p.m. |
|
Present- |
Council Members Campbell, Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Charter Review
Committee
Applicant
Interviews |
Ms. Dolan, Administrative Analyst, City Manager�s Office, requested that
the Council conduct interviews for the Charter Review Committee. She
reported that on March 22, 2005, the Council directed staff to convene a
Charter Review Committee charged with the task of working with staff and
an outside consultant to review the Charter, identify necessary changes,
and make recommendations regarding those changes to the Council. She
added that the Council also gave direction regarding the make-up of the
Committee and the process to appoint its members.
Ms. Dolan reported that the Charter Review Committee will be made up of 11
members, with each Council Member selecting one member of the Committee
from among all qualified electors of the City of Burbank for a total of
five, and the remaining six members of the Committee being selected
through a vote of the entire Council from the list of qualified
applicants. She also noted that the Council tentatively agreed to select
the chair of the Committee at the same time it selects the members. She
noted that the Council is scheduled to make appointments to the Charter
Review Committee during its regular meeting on August 30, 2005.
Interviews were conducted for the following applicants: Rich Baenen;
Vincent Stefano; Janis Bunch; Carlo Loffredo; Susan Robles; George Methe;
Robert Frutos; Garen Yegparian; Hagop Hergelian; Howard Rothenbach; and,
Michael Porco.
|
|
5:54 P.M.
Recess |
The Council recessed at this time.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:45 p.m. by Mr. Vander Borght, Mayor.
|
|
Invocation
|
The invocation was given by Reverend Ron White, American Lutheran Church.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Elaine Paonessa.
|
|
Present- |
Council Members Campbell, Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Murphy. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
301-1
Assistance to an
Injured City
Employee |
Mayor Vander Borght recognized Allan Akopian and Ron Thorsian for
providing assistance to an injured City employee.
|
|
301-1
Motorsports
Hall of Fame
Inductee |
Mayor Vander Borght presented a Certificate of Recognition to Tommy Ivo,
an original member of the Road Kings Car Club in honor of his induction
into the Motorsports Hall of Fame and being honored at the National Hot
Rod Museum in Pomona, California. Gary Meyers, Road Kings President,
announced that Mr. Ivo was also recognized by Congressman Adam Schiff,
Senator Jack Scott and Assembly Member Dario Frommer.
|
|
301-1
23rd Anniversary
of the Farmer�s
Market
|
Mayor Vander Borght honored the 23rd Anniversary of the Burbank Certified
Farmers Market and presented a congratulatory commendation to Elaine
Paonessa, President of SERVE.
|
|
Reporting on
Council Liaison
Committees
|
Mr. Vander Borght reported on the Community Services Building Subcommitee
meeting he attended with Mr. Campbell.
Mrs. Ramos reported on the Robert R. Ovrom Park Subcommittee meeting she
attended.
|
|
7:08 P.M.
Hearing
410
Congestion
Management
Plan |
Mayor Vander Borght stated that �this is the time and place for the
hearing on the City�s conformance with the Metropolitan Transportation
Authority�s Congestion Management Program and the adoption of the 2005
Local Development Report.�
|
|
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 |
Mr. Kriske, Transportation Analyst, Community Development Department,
requested the Council approve the proposed resolution certifying that the
City is in compliance with the Los Angeles County Metropolitan
Transportation Authority�s (MTA) Congestion Management Program (CMP) and
adopt the Local Development Report (LDR) for the 2004-2005 reporting
period as required by the CMP. He explained that each year, the City is
required to self certify that it is in conformance with the County CMP, a
countywide process mandated by State law that helps to address the impact
of local growth on the regional transportation network. He noted that the
process includes certifying on-going compliance with the land use analysis
program to analyze traffic impacts to regional facilities, implementing a
transportation-demand management ordinance and submitting an LDR that
catalogues development activity for the reporting period.
Mr. Kriske informed the Council that as was the case in 2004, the
traditional �credit� and �debit� method of tracking development versus
transportation improvements is suspended while the MTA continues work on a
nexus study on the feasibility of implementing a countywide congestion
mitigation fee in lieu of the debit-credit system. He noted that
therefore, the 103,590 point surplus accrued under the program from prior
years remains fixed pending the result of the study. He noted that the
City remains in compliance with the remaining requirements of the CMP and,
with the approval of the proposed resolution and submittal of the LDR as
required, will continue to be eligible for Proposition 111 State Gas Tax
revenues as well as other transportation funding sources that require CMP
compliance.
|
|
Hearing
Closed |
There being no response to the Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that "the
following resolution be passed and adopted:�
|
|
410
Congestion
Management
Program
|
RESOLUTION NO. 27,044:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK FINDING THE CITY TO BE
IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE
LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH GOVERNMENT CODE SECTION
65089.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
7:12 P.M.
Convene the
Redevelopment
Agency |
The Redevelopment Agency was convened at this time to hold a joint public
hearing with the Council.
|
|
7:12 P.M.
Hearing
1207
1301-3
1411-2
Old Buena Vista
Library Site |
Mayor Vander Borght stated that �this is the time and place for the joint
public hearing of the Redevelopment Agency and the Council of the City of
Burbank regarding the Childcare and Family Resource Center Project, which
includes the conditional vacation of a portion of the alley located at 401
North Buena Vista Street (V-370), at the site of the former Buena Vista
Library.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that the City Clerk�s Office
received one piece of written correspondence in support of the project.
|
|
Staff
Report |
Mrs. Leyland, Senior Redevelopment Project Manager, Community Development
Department, requested the Council and Redevelopment Agency (Agency) Board
consider: the reuse of the former Buena Vista Library as a childcare and
family resource center; Bid Schedule No. R-1190 for all work related to
the proposed project; and, V-370, a conditional vacation of a portion of
an alley located at 401 North Buena Vista Street. She reported that an
extensive analysis was conducted on reuse opportunities for the former
Buena Vista Library site and a variety of land uses were identified and
analyzed. She noted that various factors considered during the land use
analysis phase included: minimum required building and lot size; parking
requirements; neighborhood compatibility; and, benefits of the City
retaining ownership of the property. She stated that most of the proposed
uses were deemed inappropriate for the site considering the size of the
site and neighborhood compatibility, and that after additional analysis,
two land use options that were determined to be compatible with the
single-family nature of the neighborhood, and that could be accommodated
by the site and/or existing building were presented to the Council;
single-family residential and reuse of the existing building for a
childcare facility.
Mrs. Leyland stated that at the direction of the Council, staff held a
community meeting to receive input on the two options, and any other ideas
the community had for the site. She noted that there were two primary
messages that staff received from the community; that the City should keep
the existing building, and the building should be used for some type of
community use based on need and possibly a mix of uses. She added that
based on the community�s feedback and the general understanding of the
need for more childcare in the community, a childcare center was proposed
for the site. She explained that the site is appropriately located for a
childcare center, in close proximity to employment centers, and has good
vehicular access with good on-site circulation. In addition, she stated
that the proposed center could be accommodated within the existing
building that has a scale compatible with the residential nature of the
neighborhood. She added that the Council and Agency Board then directed
staff to finalize plans for a childcare facility and requested that a
family resource center component be incorporated, and that the community
be included in the design process. She then commented on the childcare
needs assessment analysis by Knowledge Learning Corporation and the
results of the Workforce Housing Survey conducted by staff which revealed
that more than 89 percent of the respondents to the childcare questions
stated they would be interested in a childcare facility in the City.
Mrs. Leyland informed the Council that based on community comments, a
collaborative inter-departmental effort, and subsequent comments from the
Planning Board, final plans have been developed for the project. She
highlighted the three primary suggestions derived from the public
discussions, including: encouraging center staff to park across the street
at the Buena Vista Library at peak drop-off and pick-up times;
discouraging cut-through traffic along Frederic Street with a physical
diverter and signage, a condition of approval from the Planning Board;
and, barring access from the family resource center to the childcare
facility to maximize safety.
With a visual aid, Mrs. Leyland discussed the project�s site plan, and
noted that a portion of the north/south alley is proposed to be vacated to
accommodate the required play yard at the rear of the building, parking
and heightened safety and security. She explained that the existing alley
with access from Frederic Street will be widened from 15 feet to 20 feet,
all on City property, and will include a 35-foot turning radius at the
intersection of the two alleys to allow adequate circulation for refuse
vehicles, fire engines and other service and emergency vehicles, and to
accommodate the traffic that would be using the two alleys. She reported
that on July 26, 2005, the Council adopted a Resolution of Intention to
Vacate the alley setting the public hearing date and noted that all
appropriate City departments and outside utility companies have reviewed
the proposed vacation and the vacation has been conditioned in accordance
with their responses. She also commented on the noticing procedure for
the alley vacation public hearing.
Mrs. Leyland then discussed the floor plan for the childcare center and
the family resource center and their proposed hours of operation. With
regard to management and operations, she reported that staff recommends
that the proposed childcare center be structured after the successful
Cottages Center, with the Burbank Housing Corporation managing the
facility and the operations contract; Knowledge Learning Corporation
operating the facility; 20 percent or 18 of the spaces being made
affordable to moderate-income households; and, the corporate sponsorship
program adopted for the Cottages Center being utilized to provide deeper
subsidies for the affordable spaces or to provide more affordable spaces.
Mrs. Leyland also reported that the bids received for the project ranged
from $2.4 million to $3 million. She noted that the lowest responsible
bid was received from TLD Construction at approximately $2.4 million. She
explained that the company has experience with this type of work in the
cities of Sierra Madre, San Marino and Santa Monica, and has also worked
with the Burbank Park, Recreation and Community Services Department on the
Valley Park renovation project. She reported that the total cost of the
proposed project is approximately $3.4 million and that cost savings from
two completed capital improvement projects and a grant award from the
State Department of Housing and Community Development are already
available for the project. She added that approximately $160,000 of these
funds have been used to pay for abatement costs and an appropriation of
approximately $2.9 million is required for the proposed project. She also
stated that there are adequate redevelopment bond funds available to fund
the proposed project, with approximately $28 million available in Golden
State Redevelopment Project Area bond proceeds and $1.6 million in West
Olive Redevelopment Project Area bond proceeds. She added that staff
proposes to use $2.2 million in Golden State bond proceeds and $700,000 in
West Olive bond proceeds to fund the proposed project.
Mrs. Leyland noted that following project approval, staff will return at a
later date with all appropriate childcare management and operations
agreements, and any necessary contracts for Council and Agency Board
approval.
|
|
Citizen
Comment |
Appearing to comment in support of the project were: Marjorie Chase;
Annabelle Godwin; Helen Von Seggern; Robin Wright; Lorena Mendez-Quiroga;
Terry Davis; and, Roland Armstorff.
Commenting in opposition to the project were: Darlene Portillo; Alexander
Nassif; Steve Guri; and, John Currin.
Also, Maria Moran-Zurita, Dean St. John, Gary Elk and Deborah Currin
commented in support of the project but expressed concern with traffic and
parking issues.
|
|
Staff
Rebuttal |
Mrs. Leyland made rebuttal comments with regard to: alley access to
properties in close proximity to the proposed project; necessity for the
alley vacation; traffic and circulation concerns; traffic counts;
affordable childcare spaces; family resource center parking, entrance and
operation; and, noise issues associated with the play yards
|
|
Council
Comment |
Mrs. Ramos requested clarification with regard to: emergency vehicle
access in the alley; play yard requirements; possibility of red-curbing to
ensure visibility for property owners adjacent to the proposed site;
drop-off and pick-up patterns; shared parking use; neighborhood
compatibility; and, operation and lease agreements.
Mr. Vander Borght requested clarification on the drop-off driveway
configuration, the accident history at the intersection of Verdugo Avenue
and Buena Vista Street, and the corporate sponsorship program.
Mr. Campbell requested clarification on the potential for traffic back-up
issues, on traffic mitigation measures to improve the site if necessary,
the family resource center operation and project cost.
Mr. Golonski inquired as to whether the Cottages Childcare Center is
experiencing traffic back-up issues and whether closing off the alley
access would create a significant traffic impact.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Council
Deliberation |
Mr. Golonski recognized the rising construction costs; commended staff for
their community outreach efforts; noted the potential to mitigate any
future impacts; stated that childcare has been identified in the community
as a major need; noted that the project will not negatively impact the
adjacent neighborhood; and, expressed support for the proposed project,
including the partial alley vacation.
Mr. Campbell stated that childcare is the best use for the facility and
noted that the neighborhood is not opposed to the use; expressed a desire
to minimize neighborhood impacts; expressed support for the physical
diverter and signage; approved of the six-month interval monitoring as
proposed by the Planning Board; suggested that the center employees be
required to park at the Buena Vista Library, parents be educated with
regard to the ingress/egress policy and center staff facilitate the
pick-up and drop-off process to ensure a quick flow; expressed concern
with the corporate sponsorship program and estimated costs; encouraged a
Request for Proposal process for the Family Resource Center with no uses
that are incompatible with the childcare center; and, requested Council
approval of all operating and lease agreements. He generally expressed
support for the project.
Mrs. Ramos expressed support for the alley vacation since it will remain
accessible to the residents and emergency personnel, noted that the
proposed use is the most compatible with the neighborhood besides an R-1
use and expressed support for the project.
Mr. Vander Borght noted the major need for childcare in the community, but
reasoned that the City should not be allocating limited resources to
subsidize a service that can be provided by the market place. He remarked
that the Cottages Childcare Center is a business model and noted that the
City is providing more than $3 million for the proposed use. He expressed
his preference for the facility to be used by non-profit organizations and
service clubs in the City. He also noted the need to monitor the center
and supported review and approval of all operation and lease agreements by
the Council. He also approved of the Council retaining the sole and
absolute discretion to modify the facility for purposes of parking,
traffic and access to mitigate any impacts.
Mr. Vander Borght summarized Council discussion regarding traffic
monitoring as recommended by the Planning Board, the Council retaining
sole and absolute discretion to review and approve all lease and operating
agreements for the childcare center and family resource center, and center
patrons being educated to facilitate the center�s operation.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that "the
following resolution be passed and adopted with a monitoring requirement
and direction that all lease and operating agreements be brought back for
Council consideration:�
|
|
1207
1301-3
1411-2
Alley Vacation
V-370 � Former
Buena Vista
Library |
RESOLUTION NO. 27,045:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE
CONDITIONAL VACATION OF A PUBLIC ALLEY ADJACENT TO THE FORMER BUENA VISTA
LIBRARY (V-370).
|
|
1207
1301-3
1411-2
Coop Agmt. w/
Redev. Agency
For Former
Buena Vista
Library |
RESOLUTION NO. 27,046:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CONSENTING TO THE
REDEVELOPMENT AGENCY EXPENDITURE FOR CERTAIN PUBLIC IMPROVEMENTS FOR THE
CHILDCARE AND FAMILY RESOURCE CENTER PROJECT AT THE FORMER BUENA VISTA
LIBRARY AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT WITH THE
AGENCY.
|
|
Redev. Agency
Reso. Adopted |
Redevelopment Agency Resolution No. R-2137 Amending Fiscal Year 2005-2006
Budget, Awarding a Construction Contract, and Approving a Cooperation
Agreement for the Childcare and Family Resource Center Project at the
Former Buena Vista Library (Bid Schedule No. R-1190).
|
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members
Campbell, Golonski and Ramos.
Noes: Council Member Vander Borght.
Absent: Council Member Murphy.
|
|
9:49 P.M.
Recess |
The Council recessed at this time. The meeting reconvened at 10:00 p.m.
with the same 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 |
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: Don Elsmore, on installation of in-roadway
lighted crosswalks for pedestrian safety; Eden Rosen, requesting financial
assistance for a resident for compliance with the wood roof ordinance
requirements and complimenting the Police Department; Irma Loose, on a
Council Member�s absence and on the childcare center decision; Ralph
Herman, in support of a shopping cart ordinance; Mark Barton, on the
Burbank Civic Plaza signage; and, Mike Nolan, on initial oral
communications criteria.
|
|
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 abandoned shopping carts item were: Don
Elsmore; Maria Proctor; Ralph Herman; Mark Barton; Eden Rosen; and, David
Piroli, who also commented on the contamination issues regarding the
Empire Interchange Project; and, Mike Nolan, on the agreement with Cox,
Castle & Nicholson LLP for environmental legal assistance related to the
Empire Interchange Project.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
10:37 P.M.
Recess |
The Council recessed to permit the Redevelopment Agency, Housing
Authority, Parking Authority and Youth Endowment Services Fund Board to
hold their meetings. The Council reconvened at 10:44 p.m. with the same
members present.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Mrs. Ramos that "the
following items on the consent calendar be approved as recommended.�
|
|
Minutes
Approved |
The minutes for the regular meetings of April 5, April 12, April 19 and
April 26, 2005 were approved as submitted.
|
|
802-1
Treasurer�s Report |
The City Treasurer�s report on investment and reinvestment of temporarily
idle funds for the quarter ending June 30, 2005 was noted and ordered
filed.
|
|
708
1st Amend. to
Sublease Agmt.
For Colony
Theatre Co. |
RESOLUTION NO. 27,047:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE FIRST
AMENDMENT TO THE SUBLEASE AGREEMENT AND MASTER LEASE MODIFICATION BETWEEN
THE CITY OF BURBANK, BURBANK MALL ASSOCIATES, AND THE COLONY THEATRE
COMPANY RELATING TO THE PERFORMING ARTS CENTER.
|
|
708
1st Amend. to
the Theater
Operating Agmt.
With Colony
Theatre Co. |
RESOLUTION NO. 27.048:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE FIRST
AMENDMENT TO THE THEATER OPERATING AGREEMENT BETWEEN THE CITY OF BURBANK
AND THE COLONY THEATRE COMPANY RELATING TO THE PERFORMING ARTS CENTER.
|
|
1502
Southland Transit Svcs.
Contract Extension |
RESOLUTION NO. 27,049:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SECOND
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BURBANK AND SOUTHLAND
TRANSIT SERVICES, INC.
|
|
1301-3
Oak St. and Bel
Aire Dr. Imp.
Proj. (B.S. 1193) |
RESOLUTION NO. 27,050:
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 OAK STREET AND BEL AIRE DRIVE IMPROVEMENT PROJECT TO
KALBAN, INC., BID SCHEDULE NO. 1193.
|
|
1205-2
Summary Vacation V-374,
1000 Flower St.
(Carmax Auto
Superstores) |
RESOLUTION NO. 27,051:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY
VACATION OF A POLE LINE EASEMENT LOCATED AT 1000 FLOWER STREET (V-374).
|
|
213
Waiving a
Conflict of
Interest for
Rutan & Tucker |
RESOLUTION NO. 27,052:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A WAIVER OF
POTENTIAL CONFLICT OF INTEREST FOR RUTAN & TUCKER, LLP.
|
|
1702
1102
Legal Assistance
By Cox, Castle &
Nicholson for
Empire Interchange Proj. |
RESOLUTION NO. 27,053:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE
ENGAGEMENT OF COX, CASTLE & NICHOLSON FOR ENVIRONMENTAL LEGAL ASSISTANCE
RELATED TO THE EMPIRE INTERCHANGE PROJECT AND APPROVING THE EXECUTION OF A
COOPERATION AGREEMENT BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY OF THE
CITY OF BURBANK.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Murphy.
|
|
403
Abandoned
Shopping Carts |
Mr. Hirsch, Assistant Community Development Director/License and Code
Services, reported that at the April 19, 2005 meeting, Council Member
Ramos requested a report on the various practical ways the City may
approach the increasing problems associated with abandoned shopping
carts. He noted that similar to other moderate and large-size cities, the
number of abandoned shopping carts in the City has greatly increased in
the last decade. He also noted the existence of State law that hinders
staff from expeditiously retrieving the abandoned shopping carts and
stated that staff opined that the most effective method of dealing with
this issue is to either change State law or adopt a mandatory confinement
ordinance similar to the City of Glendale�s, which shifts the costs and
responsibility currently shared by most local governments to the
businesses which own the shopping carts.
Mr. Hirsch informed the Council that Burbank businesses have a shopping
cart population in excess of 5,000 carts. He stated several reasons for
the increased number of abandoned shopping carts, including: the adoption
and imposition of the California Shopping and Laundry Cart Law; the
successes of additional large retail businesses in Burbank which utilize
shopping carts; demographic factors; and, the move of a major retailer
(Costco) from the border of Burbank to a more geographically interior
location.
Mr. Hirsch discussed two primary methods most cities utilize in dealing
with this issue; educationally-based programs or funded code enforcement
programs. He also discussed the City of Glendale�s ordinance which
defines the use of shopping carts as a land use, and requires that every
business which utilizes a certain number of shopping carts have a
threshold of no more than five carts off the premises within a 24-hour
period. He added that if the threshold is violated, a fine can be imposed
and the business can be required to attain 100 percent containment of
carts on the premises. He noted that staff will be monitoring the
Glendale Ordinance and report back to the Council. He also commented on
the two- and four-wheel cart give away program and the associated
challenges. He requested that the Council consider the three options
presented by staff, including: a short-term educationally-based program
in conjunction with shopping cart sweeps; pursuing legislation that would
amend State law to contain more of a city�s perspective relative to this
issue; and, adopting a containment ordinance similar to the City of
Glendale�s. He suggested that the Council provide direction to pursue
Option 1 and return with a report four months following the effective date
of the Glendale Ordinance.
Mr. Golonski was not supportive of public education programs and suggested
monitoring the City of Glendale�s ordinance. He was supportive of the
collapsible cart programs but was skeptical about its effectiveness, and
suggested working with the retailers on adopting their own containment
program. He also supported sweeps to impound carts in compliance with
State law.
Mrs. Ramos noted the difficulty in measuring the effectiveness of the
educational programs, was not supportive of a containment ordinance until
the City of Glendale�s ordinance has been monitored and expressed her
preference to work with the retailers. She was supportive of the
legislative approach and a citizens committee with the ability to include
an educational component if that is the decision of the committee. She
also supported the collapsible shopping cart program.
Mr. Campbell was not supportive of the City establishing a collapsible
shopping cart program and public education campaign on this matter, noting
that it is the responsibility of the retailers. He also noted the
challenge associated with the legislative approach. He expressed support
for adopting a containment ordinance but disagreed with the five-cart
variance, stating that the ordinance should require zero tolerance with a
grace period for companies to start incorporating containment strategies,
since any variance allocation would be problematic to enforce.
Mr. Vander Borght expressed support for adopting a containment ordinance
as quickly as possible, noting the City�s futile efforts in dealing with
this issue. He was also not supportive of convening a citizen committee.
Following further Council deliberation, staff was directed to proceed with
a Zone Text Amendment and to solicit public input specifically from the
affected parties.
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|
1503-2
BWP Rate
Assistance
Program |
Mrs. Fletcher, Assistant General Manager/Marketing and Customer Service,
Burbank Water and Power, reported that on July 19, 2005, the Council
approved a change to Burbank�s rate assistance programs. She explained
that the change adds an income means requirement for all customers who
qualify for the rate assistance programs, including those who use
essential life support equipment. She noted that the use of life support
equipment has been added to the definition of �disabled person�. In
addition, the ordinance updates the definition of �disabled person�,
updates obsolete references, and adds some language for clarity. She
stated that these updates and clarifications do not change the essential
meaning or guidelines for the rate assistance programs.
|
|
Ordinance
Introduced |
It was moved by Mr. Golonski, seconded by Mr. Campbell and carried with
Ms. Murphy absent 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:
|
|
1503-2
BWP Rate
Assistance
Program |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTIONS
30-201 AND 30-206 OF THE BURBANK MUNICIPAL CODE PERTAINING TO THE LIFELINE
SERVICE RATE FOR UTILITY SERVICE.
|
|
201-1
FY 2005-06
Work Program
(City Treasurer�s
Office)
|
Ms. Anderson,
City Treasurer,
presented the Work Program Highlights and Performance Indicators for the
City Treasurer�s Office.
|
|
11:54 P.M.
Reconvene Redev.
Agency, Housing
Authority, Parking
Authority and
YES Fund Board
Meetings |
The Redevelopment Agency, Housing Authority, Parking Authority and Youth
Endowment Services Fund Board meetings were 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.
|
|
301-2
Memorial
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 11:54 p.m. in memory of Byron Starleaf and Russ Johnson.
Margarita Campos,
CMC
City
Clerk
|
