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Invocation
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The invocation was given by Pastor Paul Clairville, Westminster
Presbyterian Church.
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Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Police Lieutenant Caruso.
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Present- |
Council Members Campbell, Golonski, Gordon and Ramos. |
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Absent - - - - |
Council Member Vander Borght. |
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Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
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301-1
Safety Seat
Checkup Week |
Vice Mayor Campbell
presented a proclamation in honor of Safety Seat Checkup Week to Mark
Cohen, Board Member of Safety Belt Safe USA.
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301-1
Sexual Assault
Awareness
Month |
Vice Mayor Campbell
presented a proclamation in honor of Sexual Assault Awareness Month to
Denice Labertew, Director of the Los Angeles Commission on Assaults
Against Women.
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301-1
Professional
Esteem Awards |
Captain Craig Varner
recognized the extraordinary efforts by staff and community members in
assisting the Waveland, Mississippi Police Department following the
devastation caused by Hurricane Katrina. Vice Mayor Campbell presented
Renee DeCastro, Communication Operator, with a Professional Esteem Award;
Lieutenant Ron Caruso, was awarded a Commendation, and citizens Ed Tucker
and Mike Walsh received Chief�s Certificates of Appreciation, for their
exemplary efforts and selfless acts of kindness.
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Reporting on
Council Liaison
Committees
|
Mrs. Ramos reported on the Domestic Violence Task Force meeting she
attended.
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7:08 P.M.
Hearing
604
804-2
Home Occupation
Commercial
Music Lessons |
Vice Mayor Campbell stated that �this is the time and place for the
hearing on amending sections of the Burbank Municipal Code relating to
music lessons as permitted home occupations in certain residential zones.�
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Meeting
Disclosures
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There were no meeting disclosures.
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Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that one piece of
correspondence had been received.
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Staff
Report |
Mr. Hirsch, Assistant Community Development Director/License and Code
Services, presented a proposed amendment to the Burbank Municipal Code to
allow commercial music lessons to be conducted from a residence, and an
amendment to the Fee Resolution establishing the associated Administrative
Use Permit (AUP) fee of $175. He reported that in July 2005, the Council
deliberated this matter and fashioned a draft ordinance which included
recommended preliminary standards, restrictions and conditions deemed
appropriate for allowing this commercial business activity in a
residence. At that time, the Council directed staff to present the draft
ordinance to the Planning Board for their review.
Mr. Hirsch informed the Council that in November 2005, the Planning Board
deliberated this matter and voted 4-0 to approve the draft ordinance, with
minor modifications. He added that on February 14, 2006, the Council
conducted a public hearing on this matter and directed staff to return at
a later date with the following restrictions, standards and conditions
which the Council determined would be adequate controls: music lessons are
prohibited in any multi-family structure which shares a common wall,
ceiling or floor with any other unit; applicants must obtain an AUP with
notification to all property owners and occupants within a 150-foot radius
of the property; the cost of the AUP is to be $175; applicants for an AUP
to teach music lessons to minors, who are students under 18 years of age,
are required to submit fingerprints in order to conduct a background
investigation on the applicant; music lessons shall be conducted between
the hours of 9:00 a.m. and 7:00 p.m.; music lessons shall be limited to a
maximum of five days per week with no lessons allowed on Sundays; music
lessons shall be limited to a maximum of 10 students per day; music
lessons shall be conducted as one-on-one lessons, with one teacher and one
student per lesson; there must be a designated location on the premises
for the queuing of students before and after lessons to prevent loitering
of students in the residential area; there must be on-premises parking for
persons coming to or leaving music lessons; music lessons are not subject
to the pedestrian and vehicle traffic restrictions of the Home Occupation
Ordinance; the applicant is responsible for all costs associated with the
permitting process, including any applicable background investigation
fees, as established by the Burbank Fee Resolution; and, noise associated
with music lessons shall be limited to the current Burbank Municipal Code
decibel limit criteria which relates to noise levels in a residential zone
that are associated with machinery, equipment, fans and air conditioning
units.
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Citizen
Comment |
Appearing to comment on the ordinance were: Rose Prouser; Michelle
Feather; Eric Michael Cap; Howard Rothenbach; Don Elsmore; Eden Rosen;
LaVerne Thomas; and, Esther Espinoza.
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Staff Response
|
Mr. Hirsch responded to public comment with regard to extra pedestrian and
vehicular traffic.
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7:44 P.M.
Hearing
Closed |
There being no further response to the Vice Mayor�s invitation for oral
comment, the hearing was declared closed.
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Council Deliberation
|
Council discussion
centered on: the prohibition of music lessons on Sundays; the 7:00 p.m.
limitation as opposed to 8:00 p.m.; background check criteria; enforcement
methods; limitation in multi-family developments; allowing a maximum of
two students per lesson; limiting complaints to within a specific radius;
and, prohibiting lessons on weekends altogether.
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Motion
|
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following ordinance be read by title only and passed on to a second
reading and the resolution be adopted.�
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF
THE BURBANK MUNICIPAL CODE RELATING TO HOME OCCUPATIONS AND MUSIC LESSONS.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III OF
RESOLUTION NO. 26,994, THE BURBANK FEE RESOLUTION, RELATING TO LAND USE
AND ZONING.
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Motion Failed
|
The motion failed by the following vote:
Ayes: Council Members
Golonski and Ramos.
Noes: Council Members Gordon and Campbell.
Absent: Council Member Vander Borght.
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Motion
|
It was moved by Mrs. Ramos and seconded by Dr. Gordon that "the following
ordinance be read by title only and passed on to a second reading and the
resolution be adopted, with modification that lessons be allowed until
8:00 p.m. and on Sundays.�
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF
THE BURBANK MUNICIPAL CODE RELATING TO HOME OCCUPATIONS AND MUSIC LESSONS.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III OF
RESOLUTION NO. 26,994, THE BURBANK FEE RESOLUTION, RELATING TO LAND USE
AND ZONING.
|
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Motion Failed
|
The motion failed by the following vote:
Ayes: Council Members
Ramos and Gordon.
Noes: Council Members Golonski and Campbell.
Absent: Council Member Vander Borght.
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Motion
|
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following ordinance be read by title only and passed on to a second
reading and the resolution be adopted, with a modification to allow
lessons up to 8:00 p.m.
|
|
|
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF
THE BURBANK MUNICIPAL CODE RELATING TO HOME OCCUPATIONS AND MUSIC LESSONS
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III OF
RESOLUTION NO. 26,994, THE BURBANK FEE RESOLUTION, RELATING TO LAND USE
AND ZONING.
|
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Motion Failed
|
The motion failed by the following vote:
Ayes: Council Members
Golonski and Ramos.
Noes: Council Members Gordon and Campbell.
Absent: Council Member Vander Borght.
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Council
Deliberation |
Mr. Golonski
suggested the item be postponed to a future date for a full Council
consideration.
There was Council
consensus to continue the item to a future Council meeting.
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Initial Open
Public Comment
Period of Oral
Communications |
Mr. Campbell called for speakers for the initial open public comment
period of oral communications at this time.
|
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Citizen
Comment |
Appearing to comment were:
Molly Stretten,
requesting an additional Kennel Attendant at the Animal Shelter; Phil
Berlin, on the Airport�s desire to amend the Development Agreement; Eric
Michael Cap, on the music lesson ordinance and on parking arrangements for
an Easter event; Rose Prouser, on the Burbank Civic Plaza and the NBC
parking issue; Mary Schindler, on the Glendale-Burbank Interceptor Sewer (GBIS)
Project; Dena Gould, announcing a free screening by the Burbank Peace and
Justice group; R. C. Chappy Czapiewski, on the Airport Authority agenda
packet and on oral communications; Howard Rothenbach, announcing an
upcoming conference on redevelopment abuse; Molly Hyman, on the Charter
Review Committee meeting and on the GBIS Project; Stan Hyman, on the GBIS
project and on the Noise Working Group; David Piroli, requesting a copy of
an e-mail from Commissioner Lombardo and on the Noise Working Group; Liz
Montgomery, on the GBIS Project; Esther Espinoza, on enforcement issues;
LaVerne Thomas, on the Media District Specific Plan and recommending a
pedestrian bridge at Providence St. Joseph Medical Center; and, Theresa
Karam, on a development in her North Hollywood neighborhood and on Los
Angeles Council Member Tom LaBonge.
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Staff
Response |
Members of the Council and staff responded to questions raised.
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Agenda Item
Oral Communications |
Mr. Campbell called for speakers for the agenda item oral communications
at this time.
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Citizen
Comment |
Appearing to comment were:
Jerilyn Lopez
Mendoza, representing Environmental Defense, on the clean construction
equipment ordinance; Don Elsmore, on oral communications; Esther Espinoza,
on a Warner Bros. donation; Phil Berlin, on oral communications; David
Piroli, on oral communications and the Assessment Paramedic Program; Rose
Prouser, on oral communications; Howard Rothenbach, on the Assessment
Paramedic Program; and, Stan Hyman, on oral communications.
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Staff
Response |
Members of the Council and staff responded to questions raised.
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Motion |
It was moved by Mr. Golonski and seconded by Mrs. Ramos that "the
following item on the consent calendar be approved as recommended.�
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304-1
Donation from
Warner Bros. |
RESOLUTION NO. 27,216:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE
ACCEPTANCE OF $5,000 IN DONATED FUNDS FROM WARNER BROTHERS TO THE
MANAGEMENT SERVICES DEPARTMENT, BURBANK EMPLOYMENT AND STUDENT TRAINING
PROGRAM AND AMENDING THE FISCAL YEAR 2005-2006 BUDGET BY APPROPRIATING
THESE FUNDS.
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Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Gordon and
Ramos.
Noes: Council Members None.
Absent: Council Member Vander Borght.
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908
Assessment
Paramedic
Program |
Battalion Chief
Trowbridge introduced the Burbank Fire Department Paramedic Assessment
Program which started on
January 16, 2006.
As a background, he reported that the City�s Paramedic Program was started
in 1975, and Paramedic Engines were added in 1977, 1978 and 1999 due to
increased responses. He reported that the City currently has three Rescue
Ambulances which are staffed with two Paramedics each and six Fire
Stations each equipped with a Fire Engine Company. He noted staff�s goal
of staffing all Engine Companies at all times with a Paramedic. He
explained that the new model makes any apparatus in the City with a single
Paramedic assigned to it, eligible to operate as an Assessment Unit. He
noted that Advanced Life Support intervention, including medications,
could be rendered immediately by the first arriving Company with a Rescue
Ambulance en route.
Battalion Chief
Trowbridge also informed the Council that the Paramedic Assessment Program
not only staffs all Engine Companies with Emergency Medical Technicians
but also gives Paramedics, who are promoted or reassigned, the opportunity
to maintain their paramedic certification within the Department of Health
Services and continue to serve the citizens of
Burbank
in a Paramedic or Assessment Paramedic capacity. He also noted that there
is no fiscal impact associated with the program.
The Council noted
and filed the report.
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902
Clean Construction
Equipment
Ordinance |
Mr. Van Hazelen,
Assistant Public Works Director/Fleet and Building Maintenance, reported
that on November 22, 2005, the Council directed staff to evaluate the
effects of implementing an ordinance that would require all diesel-fueled
construction equipment over 50 horse power, owned and used by the City
and/or contractors working for the City on City projects, to meet more
stringent emissions standards than are currently enforced by various air
quality control agencies.
Mr. Van Hazelen
reported that staff�s analysis and research into the development of a City
ordinance resulted in the finding that there is a concurrent effort by the
California Air Resources Board (ARB) to promulgate a progressive statewide
rule to reduce emissions from in-use construction equipment fleets in
California.
In effect, this ruling would require all construction equipment fleets in
the State of California to comply with increasingly stringent emissions
regulations with certain target dates established by ARB. He also noted
that the draft proposed rule will be available for public review in mid
October and is scheduled for ARB consideration in December 2006.
Mr. Van Hazelen
noted the significance of this rule as it will achieve the desired results
of the proposed City ordinance, but on a statewide level. He stated that
all construction equipment fleets working in the City, as well as
throughout
California, will be required to re-power, retrofit or replace construction
equipment that does not meet the new, much stricter emission reduction
standards set by ARB.
Mr. Van Hazelen
recommended the establishment of an official policy to pursue alternative
fuel grant funding opportunities. He noted that currently, this is a
standard practice, but not an official policy. In an addition, he stated
that staff also recommended that an incentive program be developed for
contractors who would voluntarily use cleaner construction equipment on
City projects than what is required with each phase of the ARB ruling. He
noted that this program may be influential in motivating vendors to clean
up their equipment faster than what the State legislates.
The Council directed staff to pursue alternative fuel grant funding
opportunities and to develop an incentive program for contractors who use
cleaner construction equipment on City projects than what is required with
each phase of the Air Resources Board ruling.
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201-1
Oral
Communications |
Mr. Barlow, City Attorney, reported that on March 28, 2006, the Council
discussed the length of Council meetings and gave direction to combine the
two oral communications periods held prior to the consideration of Council
business to one general period. He elaborated that currently, there is:
an oral communications period prior to Closed Session; an initial period
of oral communications limited to two minutes on any matter pertaining to
the City; an agenda oral communications period limited to four minutes on
agenda items only; and, a final oral communications period at the end of
the meeting limited to two minutes on any matter of City business. He
noted that an individual who spoke at the initial oral communications
period cannot speak at the final oral communications period.
Mr. Barlow recalled that the Council directed that the initial and agenda
oral communications periods be combined to provide for one five-minute
period on any matter within the subject matter jurisdiction of the City,
including agenda items.
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Motion |
Following Council deliberation, it was moved by Dr. Gordon, seconded by
Mr. Golonski and carried with Mrs. Ramos voting no and Mr. Vander Borght
absent that �the current oral communications format be maintained.�
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Final Open
Public Comment
Period of Oral
Communications |
Mr. Campbell called for speakers for the final open public comment period
of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment was
Eden Rosen,
on oral communications.
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Staff
Response
|
Members of the Council and staff responded to questions raised.
|
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Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 10:11 p.m.
Margarita Campos,
CMC
City
Clerk
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