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Present- |
Council Members Golonski, Gordon, Ramos and Vander Borght. |
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Absent - - - - |
Council Member Campbell. |
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Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
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Oral
Communications |
There was no response to the Vice Mayor�s invitation for oral
communications on Closed Session matters at this time.
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5:07 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(a)
Name of Case: McDonald, et al. v. City of Burbank, et al.
Case No.: EC039823
Brief description and nature of case: Personal injury claims re
Grismer housing rehabilitation project.
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b. Conference with Legal Counsel � Anticipated Litigation (City as
possible plaintiff):
Pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 1
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c. Conference with Legal Counsel � Anticipated Litigation (City as
potential defendant):
Pursuant to Govt. Code �54956.9(b)(1)
Number of potential case(s): 6
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Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:32 p.m. by Mrs. Ramos, Vice Mayor.
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Invocation
|
The invocation was given by Pastor Ross Purdy, First Presbyterian Church.
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Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Sam Engel.
|
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Present- |
Council Members Golonski, Gordon, Ramos and Vander Borght. |
|
Absent - - - - |
Council Member Campbell. |
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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
Spring Crest
Program |
Vice Mayor Ramos
introduced Sommer Barwick, Administrative Analyst, Management Services
Department, who briefly described the CREST Youth Employment Program. Vice
Mayor Ramos presented Certificates of Recognition to the following
participants who completed the Spring program: Gervok Amazasbyan; Mary De
La Cruz; Marten Garibkhanyan; Mkrtich Gasparyan; Louie Kahlil; Monica
Pardo; Sasha Perez; Phillip Petrosyan; Diana Serrano; Anne Sogomonyan;
Lidia Termanyan; Veronica Zamudio; and, Leslie Zumaran.
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301-1
Leadership
Burbank
Graduates |
Ken Neilsen,
President of Woodbury University, and Ernie Burger, former Chair of
Leadership Burbank, briefly described the Leadership Burbank program.
Vice Mayor Ramos presented Certificates of Recognition to the following
graduates: Darrin Borders; Linda Gaul; Dennis Gibbons; Albert Hernandez;
Robert Idavia; Edwina Jeraci; Jeffrey Alan Jones; Susan Langford; Luray
Leinenbach; Roe Leone; Kathleen Lindblom; Loren Lintner; Bryan Madden;
Linda Noel; Whit Prouty; Christine Rodriguez; Bill Taylor; Eula Laki
Warren; and, Yumika Whitaker.
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|
301-1
Flag Day |
Vice Mayor Ramos
presented a proclamation in honor of Flag Day to Sam Engel, representing
the Burbank Kiwanis Pause for the Pledge Committee. Mr. Engel introduced
the Master of Ceremonies for the Flag Day Program, fellow Kiwanian David
Harris, and made brief remarks regarding their annual art contest and the
Flag Day Program.
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|
301-1
L.A. River
Revitalization
Master Plan |
Ara Kasparian, with
the Los Angeles Department of Public Works, Bureau of Engineering, made a
presentation on the City of Los Angeles� efforts on the Los Angeles River
Revitalization Master Plan.
|
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Reporting on
Council Liaison
Committees
|
Mrs. Ramos reported
on attending the San Fernando Service Sector Governance Council meeting,
and the Instrumental Music and Vocal Music Association performances at the
local high schools. |
|
Reporting on
Closed Session |
Mr. Barlow reported on the items considered by the City Council,
Redevelopment Agency Board and Housing Authority during the Closed Session
meetings.
|
|
Initial Open
Public Comment
Period of Oral
Communications |
Mrs. Ramos called for speakers for the initial open public comment period
of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were:
Fred Prouser, on a
private business advertisement within public parks; and, Gary Garrison, on
public transportation to Dodger Stadium.
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Staff
Response |
Members of the Council and staff responded to questions raised.
|
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Agenda Item
Oral Communications |
Mrs. Ramos called for speakers for the agenda item oral communications at
this time.
|
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Citizen
Comment |
Appearing to comment were: Rose
Prouser, on the proposed lobbyist registration ordinance, Planned
Development process and the Planned Development annual review; David
Piroli, on lobbyist registration and a Closed Session item; and, Phil
Berlin, on development agreements.
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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. Vander Borght and seconded by Mr. Golonski that "the
following item on the consent calendar be approved as recommended.�
|
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1702
Annual Review
Of Planned
Developments |
A report was received from the Community Development Department for the
purpose of complying with the Burbank Municipal Code which requires the
Community Development Director to submit to the Council an annual review
of each Development Agreement entered into pursuant to the Planned
Development (PD) provisions of the Code. This review was for the time
period of May 31, 2005 through May 30, 2006. Staff indicated that: there
have been a total of 106 PD applications received since the PD process
began in 1985; there are currently 17 active PDs that are not yet built or
not yet complete; all of the active PDs are in compliance with
requirements of their Development Agreements; and, there are currently 12
PDs with expired Development Agreements and these PDs no longer have the
vested rights to develop as detailed in the Development Agreement. Staff
further stated that four PDs with expired Development Agreements were
rezoned in 1998 to a zone compatible with the surrounding land uses,
forty-six PDs have been completed and 23 PD applications were denied or
withdrawn. The Council was informed that there are currently four PD
applications in the application or approval process and that the Planning
Division and City Attorney staff are working together to amend the Code to
improve the use and administration of the PD process.
The Council noted and filed the report.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Golonski, Gordon, Ramos and
Vander Borght.
Noes: Council Members None.
Absent: Council Member Campbell.
|
|
1702
Process for
Amending
Development
Agmts. |
Mr. Forbes, Senior Planner, Community Development Department, reported
that at the April 4, 2006 meeting, the Council requested that staff return
with information on the process for amending Development Agreements
(DAs). He explained that DAs are contracts entered into between the City
and a property owner for the purpose of establishing requirements for the
development of property and that the City is authorized to enter into DAs
by the State of California Government Code.
Mr. Forbes informed the Council that in Burbank, DAs are typically applied
for in conjunction with an application for a Planned Development (PD)
zone. He explained that the PD provides the development and use standards
for specific property and the DA, as a contract, provides vested rights to
the property owner to build their project under the approved PD. He added
that without an accompanying PD zone, a DA may provide vested rights to a
property owner of the zoning regulations that were in place at the time
the DA was approved. He stated that because they are negotiated contracts,
DAs may also be used as a means for a developer to provide certain
concessions or benefits to the City, such as the funding of public
infrastructure in exchange for receiving vested rights to build the
project.
Mr. Forbes further stated that because the DA constitutes a contract
between the City and another party, the DA, and when applicable the
accompanying PD Zone, cannot be amended or cancelled unless by mutual
consent of both parties and the City does not initiate PD or DA
amendments. He noted that if an applicant wishes to make changes to a
project that was previously approved under a PD and DA, the first step in
the process is typically a request for a substantial conformance finding.
He elaborated that the Burbank Municipal Code (BMC) charges the Community
Development Director with reviewing project changes to determine whether
the changes would be in substantial conformance with the original project
approval. He added that in some cases, the DA also sets forth additional
procedures for the substantial conformance process, including public
noticing and appeal provisions. He reported that if the changes are
determined not to be in substantial conformance with the original DA and
PD approval, the applicant may apply to the Council to amend the PD and
DA.
Mr. Forbes also stated that pursuant to the BMC and the California
Government Code, the process for amending or canceling a PD or DA in whole
or in part is the same as the process for adopting the original DA, and
includes noticed public hearings before the Planning Board and Council.
He noted that if the request is denied, the applicant will then be
required to comply with the original DA and PD approvals. He emphasized
that the authority for the City to enter into a DA and the process
required to amend a DA, is provided under State law. He stated that any
process that the City uses for adopting and amending DAs must be
consistent with the provisions of State law, and the City�s ability to
alter the process for adopting and amending DAs is very limited.
Mr. Forbes informed the Council of their additional discretion to alter
the PD process, including the process for making substantial conformance
findings, since the process is dictated by the BMC. He added that since
the Code requires that all PDs be accompanied by a DA, the PD amendment
process is directly tied to the DA amendment process. He recommended the
Council note and file the report, and provide any direction to staff on
desired changes to the PD or DA process.
Following deliberation, the Council: did not support separating the PD
and DA requirements; supported formalizing the substantial conformance
process by adding a process to the BMC which would include increased
public noticing and notification to the Council and Planning
Board, with the ability for the Council/Board to appeal the Director's
decision. The Council also expressed desire for the Conditions of Approval
for future PDs to set clear parameters for substantial conformance to
provide guidance to the Director in making conformance findings;
supported using overlay zones or some alternative PD zoning process such
that when a project does not get built, the PD zoning reverts back to the
underlying zoning in place before the PD was approved; requested
fully-dimensioned and detailed plans as part of the application package
accurately showing all details, including sidewalks and landscaping; and,
supported a community meeting requirement to seek community input and
address community concerns prior to the public hearing process.
|
|
401
201
Lobbyist
Registration
Ordinance |
Mr. Barlow, City Attorney, reported that Council Member Ramos requested
the Council consider a lobbyist registration ordinance. He noted that
this matter was previously considered on February 18, 2003, at which time
the Council made a determination not to proceed with such an ordinance.
He added that staff has done no further work on this matter and if the
Council decides to proceed in considering such an ordinance, staff will
provide research and information as directed by the Council
There was no consensus to proceed with such ordinance and the Council
noted and filed the report.
|
|
Final Open
Public Comment
Period of Oral
Communications |
Mrs. Ramos called for speakers for the final open public comment period of
oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment was:
Theresa Karam, on
the passing of a community member.
|
|
Staff
Response
|
Members of the Council and staff responded to questions raised. |
|
301-2
Memorial
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 9:02 p.m. in memory of Bill Paonessa.
____________________________
Margarita Campos,
CMC
City
Clerk |
