|
Present- |
Council Members Campbell, Golonski and Vander Borght. |
|
Absent - - - - |
Council Member Ramos. |
|
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.
|
|
5:38 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:
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|
|
a. Conference with Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9
Name of Case: Chan v. City of Burbank
Case No.: EC040714
Brief description and nature of case: Trip and fall.
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|
|
b. 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.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:38 p.m. by Mr. Vander Borght, Mayor.
|
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Invocation
|
The invocation was given by Sally Kinarthy,
Unity Church of
Burbank and
North Hollywood.
.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Dennis Barlow, City
Attorney.
|
|
Present- |
Council Members Campbell, Golonski, Ramos and Vander Borght. |
|
Absent - - - - |
Council Members None. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
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Reporting on
Council Liaison
Committees
|
Mr. Campbell
reported on the Southern California Association of Governments meeting he
attended.
Mrs. Ramos reported
on the Memorial Stadium Oversight Committee meeting she attended with
Mayor Vander Borght.
|
|
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: Frank Kaden, on cable service; Amy Lawrence,
Don Elsmore, Stan Hyman, Rose Prouser, Theresa Karam, Esther Espinoza,
LaVerne Thomas and Phil Berlin, on the upcoming Special Election; and,
Floran Frank and Michael Scandiffio, on the proposed construction of a
sewer line by the City of Los Angeles through the Rancho area.
Also appearing to comment were: Molly Hyman, on the allegation of domestic
violence by a Council Member; Gene Moffett, in opposition to the Home
Depot day laborer center; Eden Rosen, on caregiver services; Mark Barton,
on the City logo; Jacquelyn Wilson, in opposition to the Home Depot day
laborer center; Eloise Roop, requesting a four-way stop at Groton Avenue
and Scott Road, and on the Home Depot day laborer center; Dink O�Neal, in
support of random drug testing for Council Members; David Piroli, on a
recent Metrolink accident; Anna May Nelson, announcing an upcoming
community event on the Patriot Act; and, James Roop, on the Home Depot day
laborer center and in support of a candidate in the Special 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 Catholic Charities Agreement were: David
Gerred; Chris Newman; Robin Hvidston; Chelene Nightingale; Dean Dusi; Don
Silva; Esther Espinoza; Tony Dolz; Jacquelyn Wilson; Frank Kaden; Melina
Mendez-Quiroga; Frank Barneyburg; Mark Barton; Dink O�Neal; Irene Easton;
and, Steve Luport.
Commenting in support of random drug and alcohol testing for Council
Members were: Stan Hyman; Mark Stebbeds; Gordon Bohn; LaVerne Thomas; Eden
Rosen; Rose Prouser; Phil Berlin; and, David Piroli who also commented on
the Catholic Charities Agreement.
Also, Bob Olson commented in support of the Chandler Boulevard study and
the agreement with Catholic Charities for operation of the Home Depot day
laborer center.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Mr. Golonski that "the
following items on the consent calendar be approved as recommended.�
|
|
202-10
Youth Board
Appt. |
A report was received from the Park, Recreation and Community Services
Department, requesting that the Council confirm the mid-term appointment
of the Monterey High School representative on the Youth Board. The report
indicated that as currently structured, the Youth Board is comprised of
school representatives and at-large members, with a school representative
designated for each high school and middle school within Burbank. It was
indicated that due to a resignation, there is a school representative
vacancy at Monterey High School which requires a mid-term appointment.
Based on the submitted application and recommendation from Monterey High
School, the Council confirmed the mid-term appointment of Sara Salas as
the Monterey High School representative on the Youth Board.
|
|
1507
Jt. Reso. of all
ICIS Members
for Homeland
Security and
Federal Appropriations
Requests |
A report was received from Burbank Water and Power requesting Council
approval of the Joint Interagency Communications Interoperability System (ICIS)
Resolution and authorization for the Mayor to sign the document declaring
ICIS a priority among Homeland Security and Federal Appropriations. It was
stated that in October 2003, the City of Burbank joined with several other
cities as founding members of the ICIS Joint Powers Agreement (JPA).
Currently, the cities of Beverly Hills, Burbank, Culver City, Glendale,
Montebello, Pomona and Torrance are members of the ICIS JPA, representing
more than 700,000 residents and thousands of businesses.
It was indicated that the ICIS Board recommended that all participating
cities request their respective councils to consider signing a Joint
Resolution recognizing ICIS as a proven solution for the Los Angeles
region and a priority for Federal appropriations. It was anticipated that
a Joint Resolution would carry more weight in the pursuit for Federal and
State funding.
The Council approved the Joint ICIS Resolution and authorized the Mayor to
sign the document declaring ICIS a priority among Homeland Security and
Federal Appropriations requests.
|
|
1007-1
1009-1
Revise Spec. for
Deputy Building
Official |
RESOLUTION NO. 27,138:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE SALARY AND
SPECIFICATION FOR THE CLASSIFICATION OF DEPUTY BUILDING OFFICIAL (CTC No.
0256).
|
|
1007-1
1009-1
Revise Spec. for
Principal Plan
Check Engineer |
RESOLUTION NO. 27,139:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE SALARY AND
SPECIFICATION FOR THE CLASSIFICATION OF PRINCIPAL PLAN CHECK ENGINEER (CTC
No. 0683).
|
|
1007-1
1009-1
Revise Spec. for
Senior Plan
Check Engineer |
RESOLUTION NO. 27,140:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE SALARY AND
SPECIFICATION FOR THE CLASSIFICATION OF SENIOR PLAN CHECK ENGINEER (CTC
No. 0832).
|
|
1301-3
Traffic Signal
Modification Project
(B.S. 1186) |
RESOLUTION NO. 27,141:
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 TRAFFIC SIGNAL MODIFICATION, BID SCHEDULE NO. 1186, TO
CT&F INC.
|
|
1204-1
Approval of Final
Tract Map No.
61073 � 727 E.
Cypress Ave. |
RESOLUTION NO. 27,142:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF
TRACT NO. 61073 (727 East Cypress Avenue).
|
|
804-3
Household
Hazardous Agmt. with City
of Glendale |
RESOLUTION NO. 27,143:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE HOUSEHOLD
HAZARDOUS WASTE AGREEMENT BETWEEN THE CITIES OF BURBANK AND GLENDALE.
|
|
804-4
Refunding Bond
Issue for the
Motion Picture
and Television
Fund |
RESOLUTION NO. 27,144:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING ISSUANCE OF
BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR
THE BENEFIT OF MOTION PICTURE AND TELEVISION FUND.
|
|
704
Five-Year Lease
With E-Z-Go
Textron for
Lease of Golf
Carts |
RESOLUTION NO. 27,145:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A FIVE-YEAR
LEASE AGREEMENT BETWEEN THE CITY OF BURBANK AND E-Z-GO TEXTRON FOR THE
LEASE OF GOLF CARTS.
|
|
1205-2
Utility Easement
Vacation �
Brookshire Ct. �
Cayman Burbank
(V-377) |
RESOLUTION NO. 27,146:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY
VACATION OF A PUBLIC SERVICE EASEMENT AT 3309 AND 3310 BROOKSHIRE COURT,
BURBANK, CALIFORNIA (V-377).
|
|
804-5
Amend Reso.
Pertaining to the
Business Tax
Penalty Amnesty
Program |
RESOLUTION NO. 27,147:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO.
27,137, AUTHORIZING THE DEVELOPMENT, IMPLEMENTATION AND ADMINISTRATION OF
A BUSINESS TAX PENALTY AMNESTY PROGRAM.
|
|
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 Members None.
|
|
1301-3
Olive and
Alameda Imp.
Project (B.S.1174) |
A report was received from the Public Works Department requesting Council
approval of contract documents and award of a construction contract for
Bid Schedule (B.S.) No. 1174; and, approval for appropriation of
additional funds in the amount of $818,309 for the Olive Avenue and
Alameda Avenue Intersection Improvement Project.
It was indicated that the improvements included in B.S. No. 1174 will
increase intersection roadway capacity to accommodate short-term traffic
needs. In addition, it was stated that the improvements were modeled as
part of the long-range traffic analysis conducted for the Mobility Element
update to accommodate the growth predicted by the 2025 Reduced Growth Land
Use Forecast approved by the Council.
Staff stated that B.S. No. 1174 was advertised for bids on October 8 and
October 12, 2005. A bid opening was conducted on November 1, 2005, at
which five bids were received ranging from $1,383,820.78 to $1,734,916.
Sequel Contractors Inc. of Santa Fe Springs, California submitted the
lowest bid of $1,383,820.78. Construction of this project is planned to
occur between March and September 2006.
Mr. Campbell requested clarification as to whether street widening was the
only alternative in order to prevent the intersection from degrading from
Level Of Service D to F by 2025. He also inquired as to whether the
improvements will make the intersection more pedestrian friendly. Mr.
Johnson, Assistant Public Works Director/Traffic Engineer, responded in
the affirmative and stated that staff will be implementing a number of
measures including left-turn and right-turn lanes that will be needed in
the near future. He also added that the proposed measures will improve
pedestrian safety since refuge islands will be added for pedestrians who
may not be able to cross the entire length of the street in one signal
cycle.
Mr. Vander Borght emphasized the Council�s desire to enhance pedestrian
safety at the intersection.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
|
1301-3
Olive and
Alameda Imp.
Project (B.S.
1174) |
RESOLUTION NO. 27,148:
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 OLIVE AVENUE AND ALAMEDA AVENUE INTERSECTION IMPROVEMENT
PROJECT (BID SCHEDULE 1174) TO SEQUEL CONTRACTORS INC. AND AMENDING THE
2005-2006 FISCAL YEAR BUDGET TO PROVIDE AN ADDITIONAL $818,309 FOR THE
PROJECT.
|
|
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.
|
|
201
Appt. of a Council
Member to the
ICIS |
Ms. McGinley, Legislative Analyst, Burbank Water and Power, requested the
Council appoint a liaison to the Interagency Communications
Interoperability System (ICIS) Board. She reported that the ICIS Board
recommended that all the participating cities consider appointing a
Council Member to serve as a liaison, noting that such participation would
position a Council liaison to be a strong ICIS advocate to State and
Federal legislators. Furthermore, she stated that ICIS delegations will
carry more clout in Washington D.C. and Sacramento if they include
locally-elected officials.
|
|
Motion |
It was moved by Mr. Golonski, seconded by Mr. Campbell and carried that
�Mrs. Ramos be appointed as the liaison to the ICIS Board.�
|
|
1402
Review of
Chandler Blvd.
One-Way Pair |
Mr. Johnson, Assistant Public Works Director/Traffic Engineer, provided
preliminary information on the potential for modifying the traffic
operation on Chandler Boulevard to one-way traffic flow on each side of
the bike path between Mariposa Street and Pass Avenue. He stated that
staff has developed a process for evaluating the potential modifications
that includes: collecting additional traffic demand data; analyzing the
potential impacts; conducting public outreach; and, determining the cost
of the modifications.
Mr. Johnson noted that a one-way pair would tend to increase the travel
time for individuals using the street but will significantly reduce delay
at the major intersections of Hollywood Way and Buena Vista Street.
Mr. Golonski was not supportive of proceeding with the evaluation, stating
that the area residents will not be agreeable. He also noted that the
congestion at the major intersections has been resolved with the re-timing
of signals at Hollywood Way and Buena Vista Street.
Mr. Vander Borght, Mrs. Ramos and Mr. Campbell were supportive of
proceeding with the Chandler Boulevard operations study.
|
|
1704-3
Operation and
Management
Agmt. with
Catholic Charities |
Ms. Garcia, Administrative Analyst, Park, Recreation and Community
Services Department, requested Council acceptance of a Grant Deed for
conveyance of a temporary worker center, located at 1190 South Flower
Street adjacent to the new Home Depot store; and, approval of a one-year
agreement with Catholic Charities of Los Angeles, Inc. for the daily
operation and management of the temporary worker center. She reported
that on April 13, 2004, the Council approved Conditional Use Permit (CUP)
No. 2002-6, Sign Variance No. 2002-1 and Development Review No. 2002-12
for a proposed Home Depot store at 1200 South Flower Street. She noted
that Condition of Approval No. 1.Q required Home Depot to construct and
transfer to the City a temporary worker center. She added that the
Council also included Condition of Approval No. 1.T that required Home
Depot to make an annual payment of $94,000 to provide additional
mitigation for public services related to operating the store. She stated
that the City has elected to use these funds for the daily operation and
management of the temporary worker center.
Ms. Garcia reported that all construction-related Conditions of Approval
attached to the CUP have been complied with; construction of the temporary
worker center has been completed; and, the City has received a Grant Deed
for conveyance of the temporary worker center site to the City in addition
to a payment of $94,000.
Ms. Garcia informed the Council that on March 1, 2005, a Request for
Proposal (RFP) for the operation and management of the temporary worker
center was released and two proposals were received by the March 28, 2005
due date from City Impact and Catholic Charities. City Impact proposed a
budget of $165,356, while Catholic Charities proposed a budget of
$95,723. She added that Catholic Charities was selected under the
condition that their budget would be revised not-to-exceed $94,000. She
stated that in June 2005, Catholic Charities and staff successfully
negotiated a revised budget of $94,000. She explained that Catholic
Charities is a 501(C)3 non-sectarian organization which has been providing
social services throughout Los Angeles, Ventura and Santa Barbara counties
since 1919. She noted that the organization has successfully operated the
temporary worker center in the City of Glendale since its opening in
1997. She further explained that the agreement is for a one-year period,
with the option of additional one-year extensions. She noted that the
agreement may be canceled or terminated at any time by either party
without cause.
Mr. Golonski requested clarification as to the day laborer center
requirement and Mrs. Georgino, Community Development Director, responded
that the day laborer center was a requirement by the City recognizing that
Home Depot stores generally attract work solicitors. She also responded
that the City benefits from the store since the Redevelopment Agency
collects tax increment and a portion of the Sales Tax proceeds goes to the
General Fund which supports City services such as Police, Fire, library
and parks.
Mr. Campbell requested further clarification with regard to the statistics
of legal and illegal immigrants at day laborer centers, the steps taken by
staff to ensure that the proposed center is successful and on enforcement
of immigration laws.
Mr. Golonski noted the room for debate on Federal immigration laws but
recognized the fact that Home Depot stores attract day laborers seeking
work. He also noted that day laborers already exist at the U-Haul
Center. He remarked that the matter becomes either having day laborers
seeking work in a managed or unmanaged manner, and noted that the absence
of a day laborer center will not make the day laborers cease to exist.
Mrs. Ramos articulated that it is not illegal to solicit work on public
streets nor build a day laborer center. She noted that Federal
legislators are struggling with immigration laws and have not been able to
come up with a solution. She also noted that the day laborer issue is
that of personal responsibility. She added that her responsibility is to
ensure the safety of the City�s neighborhoods and noted that the center is
good for the neighborhood and the adjacent business owners.
Mr. Campbell noted Home Depot�s efforts to clean up a toxic site, with an
$8 to $10 million investment in the clean-up process alone. He added that
the center is not an attempt to promote illegal immigration but to prevent
a nuisance, although it is not a perfect solution.
Mr. Vander Borght noted the responsibility of implementing the best
policies that will keep Burbank as safe and sound as possible. He noted
the fact that a Home Depot store will be opening up in the City and the
likelihood of day laborers is extremely high. He added that the day
laborers will need to be managed in the best possible manner and it was
his personal belief that illegal immigration is not being encouraged, but
a safe facility will be provided for day laborers to seek employment.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �the
following resolutions be passed and adopted:�
|
|
1704-3
Operation and
Management
Agmt. with
Catholic Charities |
RESOLUTION NO. 27,149:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE OPERATION
AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF BURBANK AND CATHOLIC
CHARITIES OF LOS ANGELES, INC. FOR THE TEMPORARY WORKER CENTER.
|
|
1704-3
Grand Deed for
Temporary
Worker Center |
RESOLUTION NO. 27,150:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING THE DELIVERY
OF A GRANT DEED FOR THE TEMPORARY WORKER CENTER.
|
|
Adopted |
The resolutions were adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos and
Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
201
Consideration of
Drug Testing for
Council Members |
Mrs. Sarquiz, Management Services Director, reported that at the November
15, 2005 meeting, the Council requested an opportunity to consider the
issue of drug testing of Council Members. She added that in May 1997, a
report was presented to the Council from the City Attorney�s Office which
concluded that, based on a United States Supreme Court case (Chandler v.
Miller), mandatory drug testing of elected officials was permissible only
if there was a demonstrated problem of drug abuse or that drug use by
office holders could not be detected through ordinary law enforcement
methods.
Mrs. Sarquiz added that following the presentation of that report, the
Council voted 3-2 to direct staff to prepare an Administrative Procedure
for voluntary drug and alcohol testing of elected officials on a random
basis, and that such policy include a process for reporting the results to
the public. She stated that subsequently, in July 1997, staff presented a
report as directed and after deliberation, the Council voted 3-2 against
the preparation of such a program. She requested Council direction on
whether or not to proceed with a drug testing policy for Council Members.
Mr. Vander Borght suggested that staff explore the possibility of the
policy being applicable to all elected officials and the employees
appointed by the Council.
The Council directed staff to return with a report on an alcohol and drug
testing policy.
|
|
Ordinance
Submitted |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �Ordinance
No. 3686 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
|
|
804-5
Business Tax
Penalty Amnesty
Program |
ORDINANCE NO. 3686:
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 ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos and
Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
Final Open
Public Comment
Period of Oral
Communications |
There was no response to the Mayor�s invitation for the final open public
comment period of oral communications at this time.
|
|
Memorial
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 10:20 p.m. in memory of Esther Bernice Christoffersen.
Margarita Campos,
CMC
City
Clerk
|
