|
Present- |
Council Members Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Campbell. |
|
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.
|
|
5:34 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 � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case: In the matter of Marcus Cable Associates LLC D/B/A
Charter Communications.
Case No.:
FCC Case No. CSR 6949 E
Brief description and nature of case: Petition for determination
that cable television franchisee is subject to �effective competition.�
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:42 p.m. by Mr. Vander Borght, Mayor.
|
|
Invocation
|
The invocation was given by Dr. Jerry Jones, Retired Pastor.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Mr. Kramer, Community
Assistance Coordinator.
|
|
Present- |
Council Members Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Campbell. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Reporting on
Council Liaison
Committees
|
Mayor Vander Borght
reported on a meeting he attended with Mrs. Ramos at the Buena Vista
Library regarding the DeBell Club House renovation project.
|
|
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:
Dr. Jay Adams,
requesting that the candidate forum conducted by the League of Women
Voters be aired more often during prime time; Esther Espinoza, on an
upcoming neighborhood meeting; Stan Hyman, requesting an update on
enforcement of the Fence Ordinance; Mark Barton, on the downtown
wayfinding signage program; Rose Prouser, on the candidate forum; Edward
Davis, commending the City on the construction of the Magnolia Power Plant
and the Halloween celebration at Vickroy Park; Mike Nolan, on noise
generated by trucks unloading at a local business which is adjacent to
senior housing and parking issues in the downtown; Theresa Karam, on
election issues; and, Nichola Ellis, inquiring as to how issues are placed
on the agenda and on a safety concern at Bob Hope Airport.
Appearing to comment
on the proposed
Los Angeles sewer
project were: Sona Boyd; Cathy R. Marx; Frank Schindler; Mary Schindler;
Dennis Jackson; Denise Sheehy; William J. Smith; Debra Price; Eden Rosen,
who also commended specific City employees; Carolyn Berlin, who also
commented on public transit; Phil Berlin, who also commented on Airport
issues; David Piroli, who also commented on the use of redevelopment tax
increment; Dr. David Gordon, who also commented on safety issues at Bob
Hope Airport; and, Ron Vanderford, who also commented in support of a
candidate for the upcoming election.
|
|
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 Los Angeles sewer project were: Veronica Christenson;
Theresa Christenson; C.L. Stack; Thomas Robson; Mary Schindler; Frank
Schindler; Steve Taylor; Floran Frank; Sue P.; Jay Geisenheimer; Chuck
Sewell; Nichola Ellis; Edward Davis; Theresa Karam; Mike Nolan; and, Ron
Vanderford, who also commented on redevelopment issues.
Also appearing to comment were:
Esther Espinoza, on
the Annual Report of Financial Transactions of the Redevelopment Agency;
Molly Hyman, on the Fairfield Residential Project�s Negative Declaration
and requesting to view specific maps; and, Rose Prouser, Fred Prouser,
Phil Berlin, Carolyn Berlin and David Piroli, showing a videotape
depicting eminent domain issues as a result of a redevelopment project in
Riviera Beach, Florida.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
9:21 P.M.
Recess |
The Council recessed at this time. The meeting reconvened at 9:32 p.m.
with the same members present.
|
|
9:33 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 9:36 p.m. with the same
members present.
|
|
Item Removed
From Consent
Agenda |
The item regarding the Annual Report of Financial Transactions of the
Burbank Redevelopment Agency � Fiscal Year 2004-05 was removed from the
consent agenda for the purpose of discussion.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following items on the consent calendar be approved as recommended.�
|
|
1503
1504
BWP Monthly
Report |
The monthly Water and Power Operating Report for the Month of December
2005 was received from Burbank Water and Power.
The report was noted and filed.
|
|
104-1
Destruction of
Records in
Custody of the
City Clerk |
RESOLUTION NO. 27,133:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING DESTRUCTION
OF CERTAIN RECORDS IN THE CUSTODY OF THE CITY CLERK.
|
|
104-1
Destruction of
Records in
Custody of
Various Depts. |
RESOLUTION NO. 27,134:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING DESTRUCTION
OF CERTAIN RECORDS IN THE CUSTODY OF THE VARIOUS DEPARTMENTS.
|
|
1301-3
Starlight
Amphitheatre
Imp. Project
(B.S. 1202) |
RESOLUTION NO. 27,135:
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 STARLIGHT AMPHITHEATRE IMPROVEMENTS PROJECT, BID SCHEDULE
NO. 1202, TO CINARY CONSTRUCTION COMPANY.
|
|
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.
|
|
1402
Speed Humps on
Frederic St. |
Mr. Johnson, Assistant Public Works Director/Traffic Engineer, reported
that the Public Works Department received a petition for the installation
of speed humps from residents on Frederic Street between Magnolia
Boulevard and Chandler Boulevard. He stated that the street contains 39
single-family residences, and a two-thirds majority responded favorably to
speed humps as required by the City�s current speed hump policy.
Mr. Johnson informed the Council that staff investigated the engineering
requirements for speed humps on Frederic Street and compared the
conditions to the criteria in the speed hump policy. He added that based
upon the findings of the investigation, staff declined to install speed
humps on Frederic Street because the minimum volume criteria as defined in
the speed hump policy was not attained. He noted that the Traffic and
Transportation Committee also agreed with staff�s decision. He stated that
Mrs. Maureen Spagnolo, a Frederic Street resident, has requested that the
item be reconsidered by the Council.
Staff was directed to return with a second-step report at a future Council
meeting.
|
|
911
DEIR Regarding
L.A. Sewer
System |
Mr. Andersen, Principal Civil Engineer, Public Works Department, presented
a status report on the Draft Environmental Impact Report (DEIR) regarding
sewer system improvements proposed by the City of Los Angeles. He stated
that on November 15, 2005, staff presented information to the Council
regarding a sewer tunnel proposed by the City of Los Angeles that may be
located in the Rancho District. He noted that this sewer tunnel, known as
the Glendale-Burbank Interceptor Sewer (GBIS), is part of a DEIR released
on November 30, 2005. He reported that staff has sent notifications to
the area residents on the release of the DEIR and an index of the DEIR has
been made available to the public. He added that staff from different
departments is reviewing the DEIR to consider any legal or other issues
that need to be addressed. He also added that the City of Glendale is
aware of the proposed project. He stated that staff will present a draft
comment letter on January 17, 2006. He also encouraged residents to
attend the public hearings that will be conducted by the City of Los
Angeles, noting that two hearings were scheduled in the San Fernando
Valley on January 4, 2006 at 7:00 p.m. at the Van Nuys City Hall and
January 12, 2006 at 6:00 p.m. at the Los Angeles Zoo.
Staff was directed to continue providing input to the City of Los Angeles
regarding any wastewater and storm water improvements that would impact
the City of Burbank.
|
|
1102
Annual Report
Of Financial
Transactions of
The Redev.
Agency |
Mrs. Georgino, Community Development Director, presented the Annual Report
of Financial Transactions of the Burbank Redevelopment Agency (Annual
Report) and requested authorization for its submission to the State
Controller. She stated that as required by California Redevelopment Law,
a redevelopment agency must annually prepare for its legislative body's
review an Annual Report and then submit a copy to the State Controller�s
Office within six months of the end of the agency's fiscal year. She
explained that the Annual Report contains a fiscal statement that
provides: the previous year�s achievements; an independent financial
audit; and, the agency�s activities during the reporting period that
affect housing affordable to elderly and non-elderly households, who are
very low, lower or moderate-income.
Mrs. Georgino responded to public comment with regard to redevelopment law
in the State of Florida, noting that it differs from the California
Redevelopment Law. She emphasized that in California, residential or
commercial property cannot be condemned for merely economic development
purposes. She explained that findings that have to be made include:
blight; that the project is designed in a way that has the greatest public
good with the least private harm; and, that the property sought to be
acquired has been appraised by a fair market appraiser for its highest use
by a willing buyer and willing seller, without any threat of eminent
domain. She added that eminent domain is rarely used in the City of
Burbank and recounted that eminent domain has been used for multi-family
projects for properties owned by slum-lords. She noted that these
properties have been conveyed to the Burbank Housing Corporation for
rehabilitation and have been rented to low and moderate-income families.
Mrs. Georgino also informed the Council that redevelopment funds in the
City have been used for infrastructure projects such as the AMC and to
support Sales Tax-producing and economic development projects, with the
purpose of producing jobs and increasing Sales Tax. She stated that such
projects include the Empire Center, and noted that the City�s Sales Tax
over the last five years has increased by 33 percent. She noted that one
percent of the tax goes to the City�s General Fund to provide safety,
parks and recreation services.
Mrs. Georgino added that that redevelopment funds have also been used for
infrastructure projects such as: the Animal Shelter; Buena Vista Library;
Burbank Colony Theatre; acquiring the Ben Franklin School and building
Lundigan Park; capital costs to the Burbank Unified School District;
Courthouse parking structure; City Hall elevator; Five Points
improvements; reconstruction of Fire Stations 12, 13, 14, 15 and 16; Fire
Training Center; Police/Fire Headquarters; San Fernando Boulevard; and,
Downtown Burbank, etc. She also stated that redevelopment projects pay
Development Impact Fees.
Mr. Golonski commented on the housing funds through the 20% Set-Aside Fund
and requested a discussion on establishing an acquisition target for
affordable housing.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that �the
following resolution be passed and adopted:�
|
|
1102
Annual Report
Of Financial
Transactions of
The Redev.
Agency |
RESOLUTION NO. 27,136:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING AND
AUTHORIZING THE TRANSMITTAL OF THE REDEVELOPMENT AGENCY�S ANNUAL REPORT OF
FINANCIAL TRANSACTIONS TO THE STATE CONTROLLER.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Golonski, Ramos and Vander
Borght.
Noes: Council Members None.
Absent: Council Member Campbell.
|
|
414
Appt. to the
Greater L.A.
Vector Control
District
|
Mrs. Campos, City Clerk, requested the Council make an appointment to fill
one unexpired term for Burbank's representative to the Greater Los Angeles
Vector Control District Board of Trustees ending January 1, 2007. She
added that on September 20, 2005, the City Clerk's Office began
advertising and accepting applications for the above vacancy created by
the resignation of Mr. Adam Rocke due to relocation from the City. She
noted that as of the November 30, 2005 deadline, the City Clerk�s Office
received two applications from Kristy Laird and Harvey Paskow. She
requested the Council consider the applications submitted and make one
appointment to fill the unexpired term.
Following a vote of
the Council, Kristy Laird was selected to fill the
unexpired term for Burbank's representative to the Greater Los Angeles
Vector Control District Board of Trustees ending January 1, 2007.
|
|
804-5
Business Tax
Penalty Amnesty
Program |
Mr. Hirsch,
Assistant Community Development Director/ License and Code Services,
reported that at the
March 1, 2005
Council meeting, staff was directed to return with an ordinance and
resolution amending the Burbank Municipal Code in order for staff to
conduct a Burbank Business Tax Penalty Amnesty Program. He explained that
the program will provide for an amnesty period to waive penalties
including late fees, interest, fines and criminal prosecution for payment
of past due Business Tax owed.
Mr. Hirsch informed
the Council that staff is recommending the amnesty period be between
February 1,
2005 and
April 30, 2005,
in an effort to encourage and motivate businesses which have not
registered for and paid a required Business Tax, to voluntarily register
for and pay tax without fear of penalties and prosecution. He stated that
the amnesty will also apply to businesses which have been paying the
Business Tax, but under-reporting the taxes being paid.
Mr. Hirsch discussed
that staff is proposing three elements of the proposed Business Tax
Penalty Amnesty Program: a marketing effort; vigorous follow-up
enforcement; and, providing a fair payment schedule for small businesses
which owe more than $1,000 in taxes.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Golonski that �the
following resolution be passed and the ordinance be introduced:�
|
|
804-5
Implementing the Business Tax
Penalty Amnesty
Program |
RESOLUTION NO. 27,137:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE
DEVELOPMENT, IMPLEMENTATION AND ADMINISTRATION OF A BUSINESS TAX PENALTY
AMNESTY PROGRAM.
|
|
804-5
Amend BMC for
The Business
Tax Penalty
Amnesty
Program |
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING SECTION 14-820
TO CHAPTER 14, ARTICLE 8 OF THE BURBANK MUNICIPAL CODE TO PROVIDE COUNCIL
AUTHORITY TO DEVELOP AND IMPLEMENT A BUSINESS TAX PENALTY AMNESTY PROGRAM.
|
|
Adopted |
The resolution was adopted and the ordinance introduced by the following
vote:
Ayes: Council Members
Golonski, Ramos and Vander
Borght.
Noes: Council Members None.
Absent: Council Member Campbell.
|
|
10:28 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 10:30 p.m. in memory of Micheal Cunningham.
Margarita Campos,
CMC
City
Clerk
|
