|
Present- |
Council Members Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Campbell. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Wilson,
Deputy City Clerk.
|
|
Oral
Communications |
There was no response to the Mayor�s invitation for oral communications on
Closed Session matters at this time.
|
|
5:06 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, International Brotherhood of Electrical Workers;
Unrepresented, and Appointed Officials.
Summary of Labor Issues to be Negotiated:
Contracts and Retirement Issues.
|
|
|
b. Conference with Legal Counsel � Anticipated Litigation (City as
possible plaintiff):
Pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 1
|
|
|
c. Conference with Legal Counsel � Anticipated Litigation (City as
potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 1
|
|
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 Reverend Ron Degges, Little White Chapel. |
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Santa Calderon.
|
|
Present- |
Council Members Campbell (left at 10:56 p.m.), Golonski, Ramos and Vander
Borght. |
|
Absent - - - - |
Council Members None. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
301-1
Fire Prevention
Week
|
Mayor Vander Borght
presented a proclamation in honor of Fire Prevention Week to Interim Fire
Chief Pansini.
|
|
301-1
Teen Read
Week |
Mayor Vander Borght
presented a proclamation in honor of Teen Read Week to Melissa Gwynne,
Young Adult Librarian.
|
|
301-1
Burbank High
School Class of
1965 Day |
Mayor Vander Borght
presented a proclamation in honor of Burbank High School Class of 1965 Day
to Trudie Hentze, President, and members of the Burbank High School Class
of 1965 Reunion Committee.
|
|
301-1
Domestic
Violence Awareness
Month
|
Mayor Vander Borght
presented a proclamation in honor of Domestic Violence Awareness Month to
Stephanie Mines, President of Soroptimist International of the Verdugos,
and Laurie Bleick, Executive Director of the Family Service Agency.
|
|
Reporting on
Council Liaison
Committees
|
Mayor Vander Borght
reported on the League of California Cities Annual Conference he attended
with Mrs. Ramos and Mr. Campbell in San Francisco.
Mr. Campbell
reported on the Southern California Association of Governments meeting he
attended.
|
|
7:17 P.M.
Hearing
1704-3
1704-5
Appeal of CUP
No. 2005-50
California
Chicken Caf� |
Mayor Vander Borght stated that �this is the time and place for the
hearing on the appeal of the Conditional Use Permit and variance for
Project No. 2005-50. The Applicant, Andre de Montesquiou, applied for a
Conditional Use Permit to operate a restaurant with incidental alcohol in
the MPC-3, Magnolia Park General Commercial Zone, and a variance to reduce
parking spaces by 20 spaces, for the property located at 2921 West
Magnolia Boulevard. The Planning Board�s approval was appealed to the
Council by Penny Church.�
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised the City Clerk�s Office
received: thirteen emails in favor of the project; nineteen emails in
opposition to the project; five emails expressing concern with the
project; a petition with 29 names; and, 129 postcards in opposition to the
project.
|
|
Staff
Report |
Mr. Velasco,
Assistant Planner, Community Development Department, reported that on
August 22, 2005, the Planning Board approved Project No. 2005-50, a
request for a Conditional Use Permit (CUP) and a parking variance by Andre
de Montesquiou to operate a restaurant with incidental alcohol at 2921
West Magnolia Boulevard in the MPC-3 Magnolia Park General Business Zone.
He noted that a CUP is required to operate a restaurant in the MPC-3 Zone
and a parking variance is required for a restaurant use at the proposed
site due to the 20-space shortfall of the 47-parking space requirement.
He noted that the approval was appealed by Penny Church.
With a visual aid,
Mr. Velasco identified the subject site and surrounding neighborhood. He
reported that a parking study conducted in the Magnolia Park area on July
7, 2005 concluded that there is available on-street parking for use by
businesses with the exception of Saturdays at 1:00 p.m. He noted that the
study also concluded that there is ample parking in the surrounding
parking lots. He noted that the parking lots are on private property and
the applicant would have to obtain permission from the parking lot
owners. He added that the applicant is actively working to that end, and
has obtained a legal written agreement with the Burbank Federal Credit
Union which allows the restaurant to use five parking spaces at anytime,
and have access to the parking lot Monday through Thursday after 5:00
p.m., Friday after 6:00 p.m., and Saturday and Sunday all day. He added
that the agreement could be terminated by the Burbank Federal Credit Union
with a 60-day notice; however, the Credit Union is not willing to sign a
covenant requiring that the spaces be available for five years and as such
the spaces cannot be added to the restaurant�s off-street parking total.
Mr. Velasco further
reported that in April 2005, the Council approved a shared parking
agreement with the Burbank Community Church to allow neighboring
businesses to utilize 40 parking spaces for employee and customer
parking. He stated that the applicant has expressed a willingness to
purchase parking permits for employees once the lot is operational. He
added that a parking survey conducted by the City concluded that 67
on-street parking spaces are available within the business area, and in
addition, the City plans to reconstruct the south side of Niagara Street
adjacent to the proposed restaurant to add an additional five parking
spaces and three spaces on Catalina Street by January 2006. He noted that
during the restaurant�s peak noon-time period, the total parking demand
ranged from 21 spaces on Mondays to 25 spaces during mid-week.
With regard to the
alcohol license, Mr. Velasco also informed the Council that the subject
property is located in census tract 3113 where there are currently five
licenses permitting on-site alcohol consumption. He added that the
Alcoholic Beverage Control considers more than four licenses an over
concentration.
Mr. Velasco also
reported that according to the Magnolia Action Plan, residents indicated
restaurant use as a top priority; therefore, the proposed project was
consistent with the Plan. He also added that on June 16, 2005, the
Magnolia Park Citizens Action Committee (CAC) recommended approval of the
project by a vote of 8-0, with two members abstaining. He noted a survey
conducted by the applicant which indicated that 24 of the 29 residents in
the adjacent neighborhood supported the project. He also commented on the
public correspondence received regarding the project, indicating that
those opposed to the project cited the potential to generate excessive
traffic. He noted that the proposed use is predicted to generate 52 trips
in the p.m. peak-hour and clarified that the project traffic will not
significantly impact the street network.
Mr. Velasco
indicated that staff categorizes the proposed restaurant as a sit-down
high-turnover use. He added that the Public Works Department required the
applicant to dedicate certain portions of the property for street
right-of-way. He noted that with adequate parking, staff believes that the
project would be a positive addition to Magnolia Park, but recommended
that the Council uphold the appeal and deny the CUP and variance.
|
|
Appellant |
Penny Church,
appellant, addressed the Council and stated her reasons for appealing the
project, including: the project is inconsistent with the Magnolia Park
Action Plan which opposed fast-food restaurants, chain stores, increased
congestion and high-rise buildings; the potential for creating virtual
traffic gridlock in the area; and, encroachment on neighborhood parking.
Jim Macris, resident
on Niagara Street, commented on the potential trip generation by the
proposed project, and noted that the traffic will cut through the
residential neighborhoods.
|
|
Applicant
|
Andre de Montesquiou
addressed the appellant�s concerns with regard to the 20-space parking
shortfall and the proposed mitigation measures; noted the study which
concluded that surplus on-street parking is available; and, offered that
if the project impacted the Niagara Street residents to a degree that the
Planning Board determined needed remediation, the business would pay
$25,000 towards the installation of a signalized pedestrian crosswalk at
the corner of Magnolia Boulevard and Niagara Street. He also noted that
the proposed business is consistent with the Magnolia Park Action Plan;
stated that the business is not a fast-food restaurant; and, commented on
the survey he conducted in the adjacent residential neighborhood.
|
|
Citizen
Comment |
Appearing to comment in opposition to the project were:
Angela Lanci-Macris;
Ken Assessor; Nili Nathan; Nick Altomare; Albert Epstein; Tony Church;
Ramona Gardner; Ron Vankirk; Theresa Karam; Michelle Feather; Patricia
Godlef; Esther Espinoza; Brett Loutensock; and, David Piroli.
Commenting in support of the project were:
Sam Asheghian;
Stephen Veres; Michelle Gutierrez; Leni Belshay; Bob Belshay; Nancy
Hernandez; and, Jennifer Lithgow.
Also, Mark Barton
expressed concern and Mike Nolan commented on staff�s participation in the
matter.
|
|
Rebuttal by
Appellant
|
Mr. Macris made
rebuttal comments.
|
|
Rebuttal by
Applicant |
Mr.
de Montesquiou
made rebuttal comments.
|
|
Rebuttal by
Staff |
Mr. Ochsenbein,
Senior Planner, Community Development Department, made rebuttal comments
with regard to traffic issues and the trip generation analysis.
The Council
requested clarification with regard to: the extent of staff�s
participation in the project negotiations; trip generation; cost of
installing a pedestrian lighted crosswalk; parking lot configuration; and,
number and size of the current parking spaces.
|
|
Hearing
Closed |
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
|
Council
Deliberations |
Mrs. Ramos expressed
concern with granting a parking variance which runs with the land and
stated that since the business did not present a permanent parking
solution, she would support upholding the appeal and denying the variance.
Mr. Golonski noted
that the City has invested over $3 million in the Magnolia Park area and
noted that the Action Plan was opposed to fast-food establishments because
of the associated impacts. He added that the operation of California
Chicken Caf� is designed to support a high volume and stated that
considering the ratio of take-out to eating-in orders, coupled with the
lack of parking and the potential traffic impacts for congestion and trip
generation for this type of use, he would not support the parking
variance. He expressed concern that there is going to be considerable
spill-over traffic in the neighborhood, and added that parking across
Magnolia Boulevard is not a viable solution for customers.
Mr. Campbell
expressed appreciation to the property owners for their efforts in
obtaining a quality tenant as well as the neighborhood for expressing
their concerns. He commented on the parking challenges he observed at the
California Chicken Caf� in Encino, noted a crosswalk would be necessary if
the project was approved, but stated he would not support the variance
without adequate on-site parking.
Mr. Vander Borght
expressed support for the project; noted the City�s investment in Magnolia
Park; stated that regardless of the tenant obtained for the location
parking will be a challenge and the City has determined that it is not
feasible to buy adjacent R-1 residential properties to provide parking;
and, noted that the current standards requiring ten parking spaces per
1000 square feet is a new Code requirement and that the old Code would
have required five parking spaces per 1000 square feet. He added that
whereas the business will be an inconvenience to the immediate
neighborhood, he was supportive of the project in the context of making
the best decision for the entire City; to make the major avenues as
vibrant as possible within the available means. He also expressed a need
for Conditions of Approval such as: no sale of alcohol; limit on operation
hours; prohibiting delivery from Niagara Street; reconfiguring the parking
lot to make it more usable; no left-turn from the alley to Catalina
Street; no right- turn off the alley to Niagara Street; and, installation
of a lighted crosswalk.
Mr. Golonski
reiterated that the Magnolia Park Action Plan was opposed to fast-food
establishments due to the high volume, and noted the already-existing
parking shortage in Magnolia Park.
Mr. Vander Borght
noted that the peak turnover time for the proposed restaurant is in the
evening when extra parking is available. He also noted that the Magnolia
Park CAC was strongly supportive of the project
Mrs. Ramos noted the
need to balance economic viability and neighborhood integrity, and
suggested integrating housing and commercial uses along Magnolia
Boulevard.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following resolution be passed and adopted as modified:�
|
|
1704-3
1704-5
Appeal of CUP
No. 2005-50
California
Chicken Caf�
|
RESOLUTION NO. 27,087:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK OVERTURNING THE
PLANNING BOARD�S DECISION AND DENYING WITHOUT PREJUDICE THE CONDITIONAL
USE PERMIT AND VARIANCE FOR PROJECT NO. 2005-50 (2921 West Magnolia
Boulevard, Andre de Montesquiou, Applicant).
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos and
Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
10:56 P.M.
Recess
|
The Council recessed at this time. |
|
11:10 P.M.
Reconvene
|
The Council reconvened at this time with Mr. Campbell absent. |
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council and the
Redevelopment Agency 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:
Eden Rosen, on
upcoming events in support of Alzheimer�s disease and caregivers; Howard
Rothenbach, announcing an upcoming conference on redevelopment abuse; Mark
Barton, on the Burbank Civic Plaza and encouraging the City to develop a
relationship with the Disney family; and, Mike Nolan, on the case of Nolan
v. Alvord.
|
|
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 were:
Mark Barton, on the
public hearing; and, Mike Nolan, inquiring as to the confidentiality of
the City�s contract with Airport counsel.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Golonski that "the
following items on the consent calendar be approved as recommended.�
|
|
1204-1
Final Tract Map
No. 61074 (721
East Cypress
Ave.) |
RESOLUTION NO. 27,088:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF
TRACT NO. 61074 (721 East Cypress Avenue).
|
|
1602-2
Three-Way Stop
Sign at Paseo
Redondo and
Sherlock Dr. |
RESOLUTION NO. 27,089:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO.
18,339, TO REFLECT A THREE-WAY STOP AT THE INTERSECTION OF PASEO REDONDO
AND SHERLOCK DRIVE.
|
|
904
Verdugo Fire
Communications
Service Agmt.
With Alhambra |
RESOLUTION NO. 27,090:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT
BETWEEN THE VERDUGO FIRE COMMUNICATION SERVICE AND THE CITY OF ALHAMBRA
FOR THE PURPOSE OF AUTHORIZING THE VERDUGO FIRE COMMUNICATIONS CENTER TO
DISPATCH SERVICES FOR THE CITY OF ALHAMBRA.
|
|
904
Cooperative Fire
Agmt. with
USDA Forest
Service |
RESOLUTION NO. 27,091:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A COOPERATIVE
FIRE PROTECTION AGREEMENT BETWEEN THE USDA FOREST SERVICE, ANGELES
NATIONAL FOREST AND THE BURBANK FIRE DEPARTMENT.
|
|
804-5
404
Tax-Defaulted
Property Located
At 3359 Lamer
St. |
RESOLUTION NO. 27,092:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PURCHASE
PRICE OF TAX-DEFAULTED PROPERTY BY THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT AS REQUIRED BY REVENUE AND TAXATION CODE SECTION 3775 (3359 LAMER
STREET).
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Golonski, Ramos and Vander
Borght.
Noes: Council Members None.
Absent: Council Member Campbell.
|
|
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 11:33 p.m.
Margarita Campos,
CMC
City
Clerk
|
