|
Present- |
Council Members Campbell, Golonski, Gordon, Ramos and Vander Borght. |
|
Absent - - - - |
Council Members None. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
Utility Users
Tax Study
Session |
Mrs. Langford, Administrative Analyst, Financial Services Department,
stated that the purpose of the study session was to provide the Council
with an overview of the Utility User�s Tax (UUT) and the Franchise Fee;
their associated revenues; and, the current status and issues that may
impact the UUT and Franchise Fees. She explained that UUT is imposed on
commercial and residential consumers for electric sales, natural gas sales
and telephone usage, but is not applied to water, cable television, sewer
or refuse collection. She reported that the UUT was approved by the
Council in 1969 with a five percent tax rate, which was increased to seven
percent in 1972 and has been maintained to date. She added that the UUT
ordinance has been updated several times to meet the technological
advancements in telecommunications; however, with the development of a
variety of new services that telecom providers currently offer, language
within the UUT ordinance is outdated.
Mrs. Langford also gave a background on the Franchise Fees, noting that
the technological convergence issues pertain to both the UUT and Franchise
Fees. She reported that Franchise Fees are collected from businesses and
utility companies for the privilege of using City streets or
right-of-ways. She noted that the fees are limited to five percent for
cable television, and two percent of the annual gross receipts for the
Southern California Gas Company. She noted that the UUT is the third
largest source of revenue for the City�s General Fund, contributing
approximately $17.9 million or 15 percent of the total General Fund
revenue for Fiscal Year (FY) 2004-05. She added that Franchise Fees
represented at least one percent of the General Fund revenues for FY
2004-05.
Donald Maynor, outside legal counsel, noted that the UUT is a very
important source of revenue for the City and stated that a significant
portion of it is derived from the telecommunications area. He then
discussed the current status and the technological, legal and legislative
issues that may impact UUT and Franchise Fees as revenue sources for the
City. He gave a brief background on the UUT ordinances in the State since
the 1960s and the technology challenges, such as: internet protocol which
allows voice, video, data and internet access at the same time; multiple
technologies such as DSL and cable; numerous new providers; convergence
issues such as voice and video on cell phones; and, bundling services. He
then noted the challenge posed by Proposition 218 which prohibits any
changes to tax ordinances without a vote of the people.
Mr. Maynor commented on several pending litigation cases involving several
cities and their potential implications. He also stated that there are
several proposals with Congress and State legislators seeking protection
from local taxes. He noted that last year, legislation was enacted to
protect internet access from local taxes and anticipated that more bills
will be proposed this year.
Mr. Maynor suggested several possible solutions, such as; pursuing a model
ordinance that includes voice, data and video over private and public
networks, and corrects the time and distance clause; taking a poll to
ascertain political support for a Proposition 218 election; working
towards a statewide consensus among cities; participating in legislative
debates regarding taxation of communication; participating in statewide
solutions; and, identifying alternative replacement revenues in the event
telecom UUT is lost. He then discussed the State and Federal legislative
risks and the need for tax reform.
The Council was supportive of staff�s suggestions.
|
|
6:26 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 6:38 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 Robert Idavia.
|
|
Present- |
Council Members Campbell, Golonski, Gordon, 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
Plant-A-Tree
Month |
Mayor Vander Borght presented a proclamation in honor of Plant-A-Tree
Month to Shelley Davies and Robert Idavia, representing the Civic Pride
Committee.
|
|
301-1
International
Women�s Day
and Zonta Rose
Day |
Mayor Vander Borght presented a proclamation in honor of International
Women�s Day and Zonta Rose Day to Donna Anderson, President, and Jennifer
Wyatt, Vice President, of the Zonta Club of the Burbank Area.
|
|
301-1
Bronze Star
Medal
Recipient |
Mayor Vander Borght recognized Bronze Star Medal recipient Corporal Cesar
O. Hernandez of the United States Marine Corps, for his heroic achievement
in the rescue of fellow Marines while serving in Operation Iraqi Freedom I
through VI.
|
|
406
Airport Authority
Meeting Report |
Commissioner Wiggins reported on the Airport Authority meeting of March 6,
2006. He stated that the Authority awarded a contract in the amount of
$244,955 for upgrades to the Airfield Lighting Control and Monitoring
System, and a contract in the amount of $92,000 for the Operations Tower
Painting Project.
The Council received the report.
|
|
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: James DiSimone, on transients residing at
McCambridge Park; Carolyn Jackson, providing an update on the activities
of the Charter Review Committee and in opposition to televising Charter
Review Committee meetings at this time; Henry Zinniker, on an agreement
reached with the applicant of Project No. 2005-67; Gary Olson, on the
Chamber of Commerce�s support for the south alignment of the
Glendale-Burbank Interceptor Sewer (GBIS) Project; Mark Barton, on the art
installation at Victory and Burbank Boulevards; Joe Davenport, on speed
humps; Eden Rosen, on senior housing; Denise Sarquiz-Moore and Daniel
Moore, on the agreement pertaining to Project No. 2005-67; Molly Hyman, in
opposition to the GBIS hybrid alignment; Mary Whittle, Mary Schindler and
Elizabeth Montgomery, on the GBIS Project; Dr. Keith Sanneman, in support
of the DeBell Clubhouse Replacement (DeBell) Project; Greg Jackson, on the
appeal of Project No. 2005-67 and the appeal process in general; David
Piroli, on Project No. 2005-67 and a Council member�s written response to
a constituent on the project; Howard Rothenbach, in support of televising
the Charter Review Committee meetings; Stan Hyman, on the GBIS Project;
and, Michael Scandiffio, on the GBIS Project and the new fence standards.
|
|
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: Claudia Bonis, in opposition to televising the
Charter Review Committee meetings; Eric Michael Cap, in support of
televising the Charter Review Committee meetings; Nizam Husaini, on the
new fence standards; Stan Hyman, on the fence ordinance, installation of
speed humps and in support of the DeBell Project; Phil Berlin, in support
of televising the Charter Review Committee meetings and the DeBell
Project; Carolyn Berlin, in support of the DeBell Project, requesting
hardship provisions in the fence ordinance, in support of televising the
Charter Review Committee meetings and on the NBC parking issues; Rose
Prouser, in support of televising the Charter Review Committee meetings;
Mark Stebbeds, in support of the DeBell Project, televising the Charter
Review Committee meetings, releasing the legal opinion regarding the NBC
Catalina property and on the fence ordinance; Mark Barton, on speed humps,
the fence ordinance and in support of increasing the Council�s
compensation; Eden Rosen, on environmental issues at the Airport, in
support of televising the Charter Review Committee meetings and increasing
the Council�s compensation, and on the fence ordinance; Michael Scandiffio,
in support of televising the Charter Review Committee meetings and on
maintaining the City Clerk and City Treasurer positions as elected
officials, in support of the speed hump installation and on the fence
ordinance; David Piroli, in support of televising the Charter Review
Committee meetings; and, Howard Rothenbach, in support of televising the
Charter Review Committee meetings and the DeBell Project.
Commenting in support of the DeBell Project were: Donald Pell; Marlene
Sheffield; Ray Lucero; Jim Lloyd; Ana Marie Lizarraga; Gary Olson; Scott
Rife; Mike Davis; and, Scott Scozzola.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Dr. Gordon 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 February
2006 was received from Burbank Water and Power.
The report was noted and filed.
|
|
1402
Speed Humps on
Frederic St. |
RESOLUTION NO. 27,188:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL
YEAR 2005-2006 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $3,000.00
FOR THE FUNDING OF SPEED HUMPS ON FREDERIC STREET.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Gordon, Ramos
and Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
201
Council and
Agency Liaisons
to Committees
and Coalitions |
Ms. Dolan, Administrative Analyst, City Manager�s Office, reported that
during the Council�s annual Goal Setting workshop held in May, members are
appointed to serve as Council liaisons to over 30 committees and
coalitions. She stated that there are currently vacancies on the
following nine committees and requested the Council make appointments to
fill them: Airport Subcommittee; Domestic Violence Task Force; Mag-Lev
Corridor Subcommittee; Magnolia Park Citizen Advisory Committee;
Opportunity Site 6B Committee; Auto Dealers/Zero Site Subcommittee; Site
Specific Selection Committee for Art Projects at Burbank Water Power and
Chandler Boulevard Bikeway; Treasurer�s Office Subcommittee; and, Workers
Compensation Subcommittee.
The Council made the following appointments: Airport Subcommittee, Dr.
Gordon; Domestic Violence Task Force, Mr. Golonski; Magnolia Park Citizen
Advisory Committee, Mrs. Ramos; Opportunity Site 6B Committee, Mr.
Golonski; Auto Dealers/Zero Subcommittee, Mr. Vander Borght; Treasurer�s
Office Subcommittee, Dr. Gordon; and, Workers Compensation Subcommittee,
Dr. Gordon. Mr. Campbell remained as the sole member on the Mag-Lev
Corridor Subcommittee and the Site Specific Selection Committee for Art
Projects was dissolved.
|
|
1301-3
DeBell Clubhouse
Replacement
Project � BS No.
1153 |
Mr. Clifford, Capital Projects Manager, Public Works Department, requested
the Council accept the Schematic Design Phase Program, authorize staff to
proceed with the Design Development Phase and authorize a $1.5 million
transfer from the General Fund for the DeBell Clubhouse Replacement
Project � Bid Schedule No. 1153. He reported that the clubhouse was
dedicated in 1970 and has since served its economic life. He further
stated that the clubhouse is functionally obsolete and is not: in
compliance with the Americans with Disability Act; structurally sound by
the current seismic standards; compliant with current Health Department
standards; protected by a fire suppression system; efficient; nor,
aesthetically pleasing.
Mr. Clifford informed the Council that in December 1998, an independent
Feasibility Report issued by Klages Carter Vail and Partners reported on
the practicality of either remodeling and/or expanding the existing
clubhouse facilities versus demolishing and building a new clubhouse. He
added that an investigation into the facility�s overall condition
concluded that the City would be better served by a completely new
clubhouse and parking lot. He stated that a properly designed new
facility would provide improved golf operations, more efficient
concessionaire facilities and eliminate any potential compromises from
remodeling and/or expanding the existing facility. He gave a detailed
explanation of the program elements and noted that the project will be
energy efficient but will not pursue a Leadership in Energy and
Environmental Design (LEEDS) certification. He also noted that the design
team is not LEEDS-certified and if the Council�s direction was to pursue
LEEDS certification, another LEEDS-certified architect would have to be
retained in order to obtain approval by the United States Green Building
Council. He also discussed the project�s schedule, with an anticipated
occupancy date of July 2008.
Mr. Clifford reported that the Golf Fund has allocated $6.5 million for
the project, but an additional $1.5 million is needed for its completion.
To address this need, he requested the Council amend the City�s approved
budget and transfer $1.5 million from the General Fund at the Local Agency
Investment Fund rate plus a specified margin to be approved by the
Council. He noted that this provides flexible, low-cost financing for the
Golf Fund and provides the General Fund with additional investment return.
Mr. Mark Melzer, of Melzer, Deckert and Ruder Architects, Inc., addressed
the Council and discussed the project�s architectural elements.
The Council discussed the possibility of pursuing LEEDS certification but
decided to proceed with the project as proposed. Staff was directed to
undertake every effort to achieve energy efficiency to the extent feasible
and if additional funds are necessary the matter should be brought back
for Council consideration.
It was the Council�s consensus that the loan be made at the Local Agency
Investment Fund rate with no margin.
|
|
Motion |
It was moved by Mr. Golonski and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
|
1301-3
DeBell Clubhouse
Replacement
Project � BS No.
1153 |
RESOLUTION NO. 27,189:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SCHEMATIC
DESIGN PROGRAM, AUTHORIZING STAFF TO PROCEED WITH THE DESIGN DEVELOPMENT
PHASE, AND AUTHORIZING THE ADVANCE OF $1.5 MILLION FROM THE GENERAL FUND
TO THE GOLF FUND FOR THE DEBELL CLUBHOUSE REPLACEMENT PROJECT � BID
SCHEDULE NO. 1153.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Gordon, Ramos
and Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
102-3
Televising
Charter Review
Committee
Meetings |
Ms. Dolan, Administrative Analyst, City Manager�s Office, reported that at
the February 14, 2006 meeting, Council Member Gordon requested that staff
bring back information on televising the Charter Review Committee
meetings, including cost estimates. She reported that the Committee is
comprised of 15 community members appointed by the Council, charged with
the task of reviewing the City�s Charter and making recommendations to the
Council for amendments which may be placed on the April 2007 General
Election, if approved by the Council.
Ms. Dolan explained that the Committee meetings are typically held two
Monday evenings per month at the Fire Training Center from 6:30 p.m. to
9:00 p.m. She noted that all Committee meetings are open to the public
and subject to Brown Act requirements, and mentioned the places where the
Committee�s agendas, minutes and documentation can be obtained, including
the City�s Website.
Ms. Dolan informed the Council that staff solicited estimates for
televising the Committee meetings from Studio Spectrum, a video production
and fabrication company located in Burbank. She added that estimates for
three options were provided, ranging from $54,000 to $67,500. She noted
that the options include the use of the limited video production equipment
currently in place at the Fire Training Center. She stated that should
the Council choose to pursue televising the Charter Review Committee
meetings, staff would return with an appropriation request to cover the
associated cost.
Following Council deliberation, the report was noted and filed.
|
|
1705-1
NBC Parking and
Transitional
Issues |
Mrs. Forbes, Deputy City Planner, Community Development Department,
provided the Council with an update on the parking and transitional issues
related to the NBC/Universal sale of the Catalina Property to M. David
Paul. She reported that the property sale was completed in 2005 and NBC
has indicated that the site will be vacated by the end of March 2006. She
reported that the site is approximately 9.3 acres and currently has
102,000 square feet of permitted office space. She added that M. David
Paul intends to demolish these buildings and will be permitted to remove
the 308 parking spaces associated with the development. She added that
454 additional parking spaces exist on the site as indicated on the
masterplan approval. She noted that staff has notified NBC that the
additional spaces need to be retained or replacement parking needs to be
identified as the spaces are required for existing main lot uses.
Mrs. Forbes informed the Council that NBC has indicated that the helipad
on the main lot has been removed and can accommodate approximately 100
spaces, and 300 parking spaces could be leased from M. David Paul�s
Pinnacle development. She noted that the Pinnacle development will have to
maintain Code-required parking and would only be able to lease the excess
parking spaces. She reported that staff will need to verify any proposal
to lease excess spaces as part of an off-site parking agreement.
Mrs. Forbes expressed staff�s concern with vacating the Catalina Property
by the end of March 2006 without providing legal replacement parking. She
noted that such action would render NBC in violation of the Planned
Development Zone, to which both owners are now subject. She added that
staff is awaiting response from NBC and M. David Paul regarding the
parking situation, and recommended Council direction that staff return
with a future update on the issue.
Mr. Vander Borght was not supportive of the off-site parking arrangement
with M. David Paul at the Pinnacle development unless the leased spaces
are in excess of Code-required parking.
Mr. Golonski expressed opposition to the short-term parking agreement with
the Pinnacle development.
Dr. Gordon requested clarification on the enforcement measures that could
be undertaken by the City if the parking requirement is not satisfied. He
requested that the Council be notified of compliance with the parking
requirement before any construction commences on the site.
Mr. Campbell expressed preference that the parking shortfall be provided
on the NBC site.
Staff was directed to place this item on a future Council agenda once a
revised replacement parking plan has been provided by NBC.
|
|
213
Waiver of
Confidentiality
of Legal Opinion
Regarding the
NBC Catalina
Property |
A report was received from the City Attorney�s Office on a request to
consider the release of a confidential legal opinion regarding the NBC
Catalina Property. It was stated that on November 1, 2005, the Council
voted to consider the release of a confidential legal opinion prepared by
the outside law firm of Shute, Mihaly & Weinberger. Staff indicated that
the action failed, as the vote for this item tied at 2-2, with Mr. Vander
Borght absent. Council Member Gordon requested reconsideration of the
matter by a full Council.
Mr. Vander Borght, Mrs. Ramos and Mr. Golonski were not supportive of
waiving the confidentiality of the legal opinion due to the strong
potential to undermine the City�s negotiating position.
|
|
410
Nominee to the
MTA Board |
Mr. Herrmann, Assistant Community Development Director/ Planning and
Transportation, requested the Council support the nomination of Glendale
City Council Member Ara Najarian to succeed City of Lancaster Mayor Frank
Roberts as the North County-San Fernando Valley representative to the
Metropolitan Transportation Authority (MTA) Board of Directors. He noted
that the cities of Burbank and Glendale have similar regional
transportation needs, and share a history of cooperation and collaboration
on regional transportation issues that affect the Sector.
|
|
Motion |
It was moved by Mr. Golonski, seconded by Mr. Campbell and carried with
Dr. Gordon abstaining that �the Council support the nomination of Glendale
City Council Member Ara Najarian to succeed City of Lancaster Mayor Frank
Roberts as the North County-San Fernando Valley representative to the
Metropolitan Transportation Authority (MTA) Board of Directors.�
|
|
1702
Amend Ch. 31
Concerning
Fences, Walls,
Hedges and
Other Yard
Features
|
On February 28, 2006, the Council moved the first reading of an ordinance
that would create interim standards for fences, walls, hedges and other
yard features in single-family and multiple-family residential zones. The
ordinance was being presented for adoption.
The Council conducted additional deliberation on the ordinance, and
directed that yard features be limited by number and height, subject to
the minor fence exceptions permit process.
|
|
Motion |
It was moved by Mr. Golonski seconded by Mrs. Ramos and carried that,
�yard features be limited to a maximum of six feet and a limit of two per
yard, subject to the minor fence exception permit.�
|
|
|
The Council also directed that pergolas and arbors be subject to an
eight-foot limit. The Council did not place a height limit on hedges,
pending consideration by the Blue Ribbon Task Force.
|
|
Ordinance
Submitted |
It was moved by Mr. Campbell and seconded by Mr. Golonski that �Ordinance
No. 3690 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
Concerning
Fences, Walls,
Hedges and
Other Yard
Features |
ORDINANCE NO. 3690:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING VARIOUS
SECTIONS OF CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO FENCES.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Gordon, Ramos
and Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
Ordinance
Submitted |
It was moved by Mr. Campbell and seconded by Mr. Golonski that �Ordinance
No. 3691 be read for the second time by title only and be passed and
adopted as amended.� The title to the following ordinance was read:
|
|
1010
Amend BMC
Relating to
Council
Compensation |
ORDINANCE NO. 3691:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION 2-202
OF THE BURBANK MUNICIPAL CODE RELATING TO COMPENSATION OF COUNCIL MEMBERS.
|
|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Gordon, Ramos
and Vander Borght.
Noes: Council Members None.
Absent: Council Members None.
|
|
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: Frank Barneburg, on parking issues on
Hollywood Way; Carolyn Berlin, on public comment; Kevin Muldoon, on the
NBC parking issue; and, Rose Prouser, on the Charter review process.
|
|
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 12:20 a.m.
Margarita Campos,
CMC
City
Clerk
|
