|
Present- - |
Council Members Golonski, Gordon, Vander Borght and Ramos. |
|
Absent - - - - |
Council Member Campbell. |
|
Also Present - |
Mr. Barlow, City Attorney; and, Mrs. Campos, City Clerk.
|
|
Oral
Communications |
There was no response to the Vice Mayor�s invitation for oral
communications on Closed Session matters at this time.
|
|
5:06 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 Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case:
Burbank-Glendale-Pasadena Airport Authority Noise Variance Hearing.
Case No.:
N/A
Brief description
and nature of case:
California Department of Transportation hearing on whether Noise Variance
should be extended.
|
|
|
b. Conference with Real Property Negotiator:
Pursuant to Govt. Code �54956.8
Agency Negotiator:
Community Development Director/Susan Georgino.
Property:
Former Front Street property adjacent to the I-5 Freeway between Magnolia
and Burbank Boulevards, Burbank, California.
Parties with Whom
City is Negotiating:
California Department of Transportation, State of California Department of
Transportation, 100 South Main Street, Los Angeles, California 90012.
Name of Contact
Person:
Jack Lynch, Senior Project Manager.
Terms Under
Negotiation:
Instructions to negotiator will concern the price and terms concerning the
sale of property.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular meeting of the Council of the City of Burbank was reconvened
at 6:40 p.m. by Mr. Campbell, Mayor.
|
|
Invocation
|
The invocation was given by Pastor Paul Clairville, Westminster
Presbyterian Church.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Alec Ueno.
|
|
Present- - |
Council Members Golonski, Gordon, Ramos, Vander Borght and Campbell. |
|
Absent - - - - |
Council Members None. |
|
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
|
301-1
Burbank
Philharmonic
Ochestra
|
Mayor Campbell presented a Certificate of Recognition to Lynda Willner,
President of the Burbank Philharmonic Orchestra and Maestro Steve Kerstein.
He commended the Burbank Philharmonic Orchestra for 16 years of
outstanding musical entertainment for the Burbank community.
|
|
301-1
2006 Southern California Municipal Athletic Federation and Amateur
Athletic Federation Swim Festival
|
Mayor Campbell recognized the youth from the Burbank Aquatics Program who
competed in two meets: the 2006 Southern California Municipal Athletic
Federation and Amateur Athletic Federation Swim Festival. Mayor Campbell
presented Certificates of Recognition to the following swimmers for their
success in the meets, as follows: Cedric Brown; Alex Ueno; Casey Ueno;
Madigan Roll; Lucy Byurat; Vikesh Shrestha; and, Assistant Coach David
Nelson.
|
|
301-1
Verdugo Street Fair and Peyton-Grismer Back to School Picnic Volunteers
|
Mrs. Georgino recognized the sponsors and volunteers from Warner Bros.,
Nickelodeon and the Community Development Department for their
participation in the Verdugo Street Fair and Peyton-Grismer Back to School
Picnic events.
|
|
Reporting on
Council Liaison
Committees
|
Mr. Campbell reported on attending a State Infrastructure Conference
hosted by the
California Center
for Regional Leadership, the Taste of Downtown Burbank and the Senior
Citizen Big Band events.
Mr. Golonski reported on the Ovrom Park Subcommittee meeting he attended
with Mrs. Ramos.
Mrs. Ramos reported on attending a California Environmental Quality Act (CEQA)
workshop at which CEQA case law was reviewed.
|
|
7:07 P.M.
1702-1
Hearing
Project
No. 2006-35
2128 N.
Glenoaks Blvd. |
Mayor Campbell stated that �this is the time and place for the hearing on
Project No. 2006-35 the Zone Map Amendment and related Negative
Declaration considering a request to allow a zone change for a portion of
the property at 2128 North Glenoaks Boulevard from the R-1 Residential
Single-Family and a portion from the R-4 Residential Multiple High Density
to the C-2 Commercial Limited Business. This matter was originally
noticed for September 19, 2006 and was continued to tonight.�
|
|
Meeting
Disclosures
|
Mrs. Ramos, Mr. Campbell and Mr. Vander Borght stated that they had
previously met with the applicant.
|
|
Notice
Given |
The City Clerk was asked if notices had been given as required by law.
She replied in the affirmative and advised that no written communication
had been received.
|
|
Staff
Report |
Mr. Velasco, Assistant Planner, Community Development Department,
requested the Council consider a request by Mr. Farhad Simab, to approve
Project No. 2006-35, a Zone Map Amendment (ZMA) to convert the R-1 and R-4
zoned segments of the property located at 2128 North Glenoaks Boulevard to
a C-2 zone and make the property consistent with the General Plan Limited
Commercial designation. He noted that the property consists of three
zones, R-1 Residential Single-Family, R-4 Residential Multiple High
Density and C-2 Commercial Limited Business. He reported that there is
one finding required for ZMA approval, that the zone change be consistent
with the General Plan. Referencing a General Plan Map, he stated that the
property is designated as Limited Commercial and the requested zone change
would make the entire lot C-2 and consistent with the General Plan.
Mr. Velasco stated that on August 14, 2006, the Planning Board (Board)
approved a Development Review application to construct a mini-mall
consisting of an approximately 4,000 square foot building to be used for
retail/restaurant uses, an approximately 1,700 square foot building to be
used as a coffee shop and a 58-space parking lot. He added that the Board
also approved a Variance for the parking lot to encroach 15 feet into a
required 20-foot buffer. He noted that approval of these applications is
contingent upon Council approval of the ZMA. He added that while the
Board recommended approval of the ZMA to the Council with the request that
a small portion of the site extending to Scott Road remain an R-1 zone for
buffering purposes, staff recommends the entire lot be zoned C-2 to be
consistent with the General Plan. He noted some residents� concern over
traffic impacts, and noted that the impact as a result of this project
will not amount to significant levels. He added that a Negative
Declaration was prepared for the project which states that the zone
change, Variance and subsequent development will not have a significant
effect on the environment. He recommended the Council approve the ZMA and
Negative Declaration.
|
|
Applicant
|
Gary Yamada, representing the applicant, Farhad Simab, stated that the
subject site was formerly occupied by a Union 76 gas station which has
since been demolished and removed. He stated that the site, which is
under one acre in size, is currently vacant and has three zone
classifications. He noted that the applicant is proposing the
construction of a 1,600-square foot Starbucks coffee shop and a
4,200-square foot commercial building which will be occupied by four
commercial tenants. He also added that 58 parking spaces are being
proposed, meeting Code requirements. He stated that the request to
convert the R-1 and R-4 portions to C-2, which is the majority zoning of
the current site, will make the site consistent with the General Plan. He
informed the Council that a community meeting held on the project did not
generate any major opposition, and requested the Council approve the ZMA
as recommended by staff.
|
|
Citizen
Comment
|
Appearing to comment were: Frank Kaden, expressing concern with the public
hearing�s noticing procedure; Eloise Roop, in support of the project and
requesting the installation of a stop sign at the intersection of the
private alley and Scott Road; and, David Piroli, on business uses in the
general area, parking and public access issues.
|
|
Applicant
Rebuttal
|
Mr. Yamada stated that the surrounding area�s property value will increase
if the project is approved, the City will receive additional Property Tax
and Sales Tax, and noted that the applicant is willing to dedicate the
access way to the City for public
use. He also noted the possibility of working with the Masonic Lodge for
additional parking if needed.
|
|
Staff
Rebuttal
|
Mr. Velasco stated that he verified that the Masonic Lodge received a
notice for the hearing and noted that the traffic study indicated that the
increase in traffic and parking can be accommodated by the site. He added
that there is no nexus to require the installation of a stop sign and also
noted that the City cannot install a stop sign on private property.
|
|
|
The Council requested clarification with regard to trip generation and the
traffic study conducted. Mr. Vander Borght requested that the handicap
parking spaces be relocated towards the main entrance.
|
|
7:52 P.M.
Hearing Closed
|
There being no response to the Mayor�s invitation for oral comment, the
hearing was declared closed.
|
|
|
Mr. Golonski stated that the action before the Council was to review the
ZMA and not the project, and noted the inability to place additional
conditions on the project at this time. He expressed concerns with the
project�s potential traffic impacts and stated he will not support a
project that will impact the Levels of Service of intersections.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Dr. Gordon that "the following
resolution be passed and adopted and the ordinance be introduced and read
for the first time by title only and be passed to the second reading.�
The resolution was passed and adopted and the ordinance was introduced and
the title read:�
|
|
1702-1
Neg. Dec for ZMA 2006-35 (2128 N. Glenoaks Bl.)
|
RESOLUTION NO. 27,313:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A NEGATIVE
DECLARATION FOR ZONE MAP AMENDMENT � PROJECT NO. 2006-35.
|
|
1702-1
|
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING ZONE MAP
AMENDMENT FOR PROJECT NO. 2006-35 (2128 NORTH GLENOAKS BOULEVARD;
APPLICANT: FARHAD SIMAB).
|
|
Adopted |
The resolution was adopted and the ordinance introduced by the following
vote:
Ayes: Council Members Gordon, Ramos, Vander
Borght and Campbell.
Noes: Council Member Golonski.
Absent: Council Members None.
|
|
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. Campbell called for speakers for the initial open public comment
period of oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were: Mary O�Hare, noting the passing of Frank
Zugelter and commenting on the Burbank Community Foundation and the
Glendale-Burbank Interceptor Sewer (GBIS) Project; Chappy Chapiewski, in
support of showing campaign videotapes during oral communications;
Elizabeth Montgomery, on the GBIS Project; Rose Prouser, on incentives
provided to developers; Mark Barton, on oral communications; Eden Rosen,
on a telephone service for teenagers; and, Esther Espinoza, on the Burbank
Outreach Center.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Agenda Item
Oral Communications |
Mr. Campbell called for speakers for the agenda item oral communications
at this time.
|
|
Citizen
Comment |
Appearing to comment were: Gary Olson, on the use of videotapes during
oral communications and in support of the Burbank Community Foundation;
Mary O�Hare, in support of the Burbank Community Foundation and on the
Glendale-Burbank Interceptor Sewer (GBIS) Project; Steve Gainer, on the
GBIS Project; Chappy Chapewski, in support of showing videotapes during
oral communications; Floran Frank, on the GBIS Project and in support of
videotapes during oral communications; Fred Prouser, in support of
videotapes during oral communications; Rance Howard, on the GBIS Project;
Elizabeth Montgomery, on the GBIS Project; Bryan Madden, Director of the
Burbank YMCA, in support of the Burbank Community Foundation; Michelle
Feather, in support of videotapes during oral communications; Mark Barton,
in support of videotapes during oral communications; David Piroli, on the
Burbank Community Foundation and in support of videotapes during oral
communications; Rose Prouser, in support of videotapes during oral
communications and on the Burbank Community Foundation; Dink O�Neal, in
support of videotapes during oral communications; Esther Espinoza, in
support of videotapes during oral communications; Maria Montenaro Proctor,
in support of videotapes during oral communications; Howard Rothenbach, in
opposition to the Administrative Use Permit requirement for downtown
restaurants and in support of videotapes during oral communications;
Cameron Wardlaw, on the GBIS Project; and, Eden Rosen, on
energy-efficiency programs and in support of videotapes during oral
communications.
|
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mrs. Ramos that "the
following items on the consent calendar be approved as recommended.�
|
|
1007-1
Est Spec.
Collection
Systems
Worker
CTC No. 0203 |
RESOLUTION NO. 27,314:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE
AND CLASSIFICATION OF COLLECTION SYSTEMS WORKER (CTC NO. 0203) AND
PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION.
|
|
1007-1
Est. Spec.
Collections
Systems
Journeyman
CTC No. 0200 |
RESOLUTION NO. 27,315:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE
AND CLASSIFICATION OF COLLECTION SYSTEMS JOURNEYMAN (CTC NO. 0200) AND
PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.
|
|
1007-1
Est. Spec
Collection
Systems
Leadworker
CTC No. 0202 |
RESOLUTION NO. 27,316:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE
AND CLASSIFICATION OF COLLECTION SYSTEMS LEADWORKER (CTC NO. 0202) AND
PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.
|
|
1007-1
Rev Spec
Sanitation Wkr
CTC No. 0737
|
RESOLUTION NO. 27,317:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE
SPECIFICATION FOR THE CLASSIFICATION OF SANITATION WORKER (CTC NO. 0737).
|
|
1007-1
Rev Spec
Sanitation
Leadworker
CTC No, 0736
|
RESOLUTION NO. 27,318:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE
SPECIFICATION FOR THE CLASSIFICATION OF SANITATION LEADWORKER (CTC NO.
0736).
|
|
1007-1
Rev Spec
Sanitaion
Supervisor
CTC No. 0738
|
RESOLUTION NO. 27,319:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE
SPECIFICATION FOR THE CLASSIFICATION OF SANITATION SUPERVISOR (CTC NO.
0738).
|
|
1007-1
Rev Spec
Sr. Sanitation
Supervisor
CTC No. 0844
|
RESOLUTION NO. 27,320:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE
SPECIFICATION FOR THE CLASSIFICATION OF SENIOR SANITATION SUPERVISOR (CTC
NO. 0844).
|
|
1007-1
Rev Spec
Refuse Utlility Worker
CTC No. 0725 to
Sanitation Utility Worker
CTC No. 0725
|
RESOLUTION NO. 27,321:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING AND RE-TITLING
THE SPECIFICATION FOR THE CLASSIFICATION OF REFUSE UTILITY WORKER (CTC NO.
0725) TO SANITATION UTILITY WORKER (CTC NO. 0725).
|
|
1501-1
Approve Mutual Assistance Agreement (Electric/Natural Gas) w/California
Utilities Emergency Association
|
RESOLUTION NO. 27,322:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING EXECUTION OF THE MUTUAL ASSISTANCE AGREEMENT (ELECTRIC AND
NATURAL GAS) BY AND AMONG MEMBERS OF THE CALIFORNIA UTILITIES EMERGENCY
ASSOCIATION.
|
|
1503-1
Short-Term Sales/Purchase Agreement for Wholesale Electric Operations |
RESOLUTION NO. 27,323:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK, AUTHORIZING THE
GENERAL MANAGER OF BURBANK WATER AND POWER TO UNDERTAKE SHORT-TERM SALES
AND PURCHASES OF UP TO FIVE YEARS IN DURATION FOR PRODUCT AND SERVICES
NECESSARY FOR OPERATION OF THE CITY�S ELECTRIC UTILITY.
|
|
804-3
403
Cycle Six Safe Routes to School Grant from Caltrans
|
RESOLUTION NO. 27,324:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION
27,273 RELATING TO THE FUNDING FOR THE SAFE ROUTES TO SCHOOL CYCLE SIX
PROJECT.
|
|
904
Agreement for Automatic Exchange of Fire Services
|
RESOLUTION NO. 27,325:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT
FOR AUTOMATIC EXCHANGE OF FIRE SERVICES BETWEEN THE CITY OF BURBANK AND
THE CITIES OF ALHAMBRA, ARCADIA, GLENDALE, MONROVIA, MONTEREY PARK,
PASADENA, SAN GABRIEL, SAN MARINO, SIERRA MADRE AND SOUTH PASADENA.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members Golonski, Gordon, Ramos,
Vander Borght and Campbell.
Noes: Council Members None.
Absent: Council Members None.
|
|
9:39 P.M.
Mr. Campbell
Left the
Meeting
|
Mr. Campbell left the Chamber due to a potential conflict with the
following item.
|
|
911
Glendale-
Burbank
Interceptor
Sewer
Project |
Mr. Andersen, Assistant Public Works Director/Wastewater, reported that on
September 11, 2006, staff received copies of the Final Environmental
Impact Report (EIR) for the Integrated Resources Plan, which includes the
Glendale-Burbank Interceptor Sewer (GBIS) Project. He elaborated that the
GBIS Project is an eight-foot diameter sewer tunnel approximately 100 feet
deep. He added that the construction involves using a 60-foot diameter
shaft site and tunneling horizontally to the next shaft site, reducing
adverse impacts along the route by concentrating them at the shaft sites.
He reported that when the Draft EIR was released, two alignments were
proposed, a northern and southern alignment. He stated that the northern
alignment included many objectionable adverse impacts which were cited in
the City�s comment letters. He added that near the end of the comment
period, a Hybrid Alignment, that combined portions of the northern and
southern alignments, was proposed. He noted that the City once again sent
a comment letter opposing the alignment, and subsequent letters asking for
an extension of the comment period and requesting consideration of a Los
Angeles River alignment. He clarified that the City requested that the
Draft EIR be amended and re-circulated for another comment period but the
City of Los Angeles stated the EIR was amended and modified as a Final EIR
product and not as a Draft EIR.
Mr. Andersen informed the Council that the recommendation of the Final EIR
is the Hybrid alignment, which avoids many of the adverse impacts of the
northern or southern alignments. He added that in response to the City�s
comments, the City of Los Angeles stated that the recommended route
prohibits any alignments under Rose Street or Clybourn Street, had no
shaft sites, treatment facilities or maintenance holes in Burbank and will
not tunnel under residential private property. In addition, the alignment
includes noise and vibration dampening measures and construction traffic
restrictions.
Mr. Andersen stated that the Los Angeles Board of Public Works will hear
this matter soon and the Los Angeles City Council, which is the approval
authority, will consider the matter in October 2006. He noted that actual
construction is scheduled for 2011.
Following Council deliberation, staff was directed to seek legal expertise
to review the Glendale-Burbank Interceptor Sewer Project�s Final
Environmental Impact Report.
|
|
10:33 P.M.
Recess
|
Mrs. Ramos called for a recess at this time. The meeting was reconvened
at 10:39 p.m. with all members present.
|
|
1006-1
Conflict Of
Interest
Code Revisions
|
Ms. Scott, Chief Assistant City Attorney, reported that State law mandates
that the City review its Conflict of Interest Code, the list of designated
reporting positions and the respective disclosure categories every two
years. She noted that the purpose of this review is to: provide
reasonable assurance that all foreseeable potential conflict of interest
situations involving City employees, and members of listed Boards and
Commissions will be disclosed and/or prevented; provide each affected
person with a clear and specific statement of his or her duties under the
Code; and, adequately differentiate between designated employees and Board
and Commission members with different powers and responsibilities. She
added that State law also mandates that upon completion of the review of
the Conflict of Interest Code, the Code should be amended to reflect any
changes necessitated by the review, including new and/or different
positions, duties and responsibilities.
Ms. Scott stated that staff had completed the review and the proposed
ordinance amends the Conflict of Interest Code to reflect the changed
positions, and to specify disclosure categories on the Form 700 Statement
of Economic Interests which more accurately reflect the actual duties and
responsibilities of the positions. She added that the amendments to this
ordinance also remove obsolete references and confusing language from the
Conflict of Interest Code. She noted that previously, the required
Appendix listing the designated positions and the disclosure categories
was adopted by separate resolution; however, this amendment incorporates
the Appendix into the Burbank Municipal Code to ensure that future reviews
and updates are thorough and complete.
|
|
|
Dr. Gordon stated that any employee, Board or Council Member involved in
decision making should have full disclosure. He noted that the position
of Assistant City Manager was not listed in the Appendix of designated
employees and suggested that the Assistant City Manager and Assistant
Community Development Director positions have full disclosure.
|
|
Motion
|
It was moved by Mr. Vander Borght and seconded by Mr. Golonski that �the
following ordinance be introduced and read for the first time by title
only and be passed to the second reading.� The ordinance was introduced
and the title read:
|
|
1006-1
Conflict Of
Interest
Code Revisions
|
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTIONS
2-1601, 2-1602, AND 2-1603 OF THE BURBANK MUNICIPAL CODE, RELATING TO
CONFLICT OF INTEREST CODE.
|
|
|
Mr. Golonski expressed concern with expanding the list of Boards and
Commissions to include the Board of Library Trustees, Senior Citizen Board
and Heritage Commission, noting that this may be a burden on individuals
who volunteer. He agreed with adding the Landlord Tenant Commission and
requested that the real property disclosure category be required for the
Commission. Dr. Gordon concurred.
Mr. Vander Borght approved of adding the Boards and Commissions as
proposed by staff, noting that the individuals may have a potential for
conflict.
|
|
Substitute
Motion
|
It was moved by Mr. Golonski, seconded by Dr. Gordon that �the following
ordinance be introduced and read for the first time by title only and be
passed to the second reading, with the exception of adding the Board of
Library Trustees, Senior Citizen Board and Heritage Commission to the
Appendix of designated filers, and incorporating the request for staff to
review the designated positions to ensure that they reflect the duties of
the positions.� The ordinance was introduced and the title read:
|
|
1006-1
Conflict Of
Interest
Code Revisions
|
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTIONS
2-1601, 2-1602, AND 2-1603 OF THE BURBANK MUNICIPAL CODE, RELATING TO
CONFLICT OF INTEREST CODE.
|
|
Substitute
Motion
Failed |
The substitute motion failed by the following vote:
Ayes: Council Members Golonski and Gordon.
Noes: Council Members Ramos, Vander Borght and
Campbell.
Absent: Council Members None.
|
|
Original
Motion
Amended
|
The original motion moved by Mr. Vander Borght and seconded by Mr.
Golonski was amended to include �directing staff to include the position
of Assistant City Manager in the Appendix of designated filers and to make
certain that all staff that have the ability to make decisions on behalf
of a Director have similar disclosure categories.�
|
|
Vote on
Original
Motion
|
The original motion was passed by the following vote:
Ayes: Council Members Ramos, Vander Borght and
Campbell.
Noes: Council Member Golonski and Gordon.
Absent: Council Members None.
|
|
700
Burbank
Community
Foundation |
Ms. Flores, Community Coordinator, Community Development Department (CDD),
requested Council input and approval for staff to work with the existing
Burbank Community Foundation (BCF) to reconstitute its by-laws and enter
into an agreement whereby City staff would take a lead role in managing
the BCF. She reported that on May 11, 2000, the BCF was incorporated as a
non-profit with a mission to support and advance the educational, cultural
and economic interests of the Burbank community. She explained that the
BCF was to be a small community-run organization managed by the Board of
Directors and had not intended to include the position of an Executive
Director. Nevertheless, the BCF Board has, over time, considered expanding
the scope of their fundraising and giving program. She noted that through
active discussions, the Board determined that the increased overhead costs
of such a program would create a significant financial burden and, in at
least the short-term, affect their ability to support their ongoing giving
projects.
Ms. Flores reported that on November 1, 2005, staff presented a draft
agreement between the City and the BCF and was directed to return with
additional details on how a new or expanded Board would be formed, and how
the revamped BCF would be generally structured and operated. Staff was
also directed to gather information and feedback from cities such as
Anaheim on the success of their community foundations and what, if any,
issues have arisen and how they have been resolved.
Ms. Flores noted that the goal of a reconstituted BCF would be to expand
the donor base of the organization and help create greater, more engaged
private, public and non-profit partnerships, which will provide stronger
financial and in-kind support for the social service infrastructure of the
community. She added that CDD staff shall serve as Executive Director and
additional administrative staff, on an as-needed basis, as well as office
space, equipment and supplies shall be provided and absorbed by the CDD
budget at no cost to the BCF. She noted that the City�s proposed main
function through the BCF will be to develop increased local charitable
giving programs, such as employee payroll deduction and utility bill
contribution.
Ms. Flores informed the Council that a reconstituted BCF will help
individuals looking for ways to contribute to the Burbank community. She
noted that oftentimes, giving is limited due to skepticism and potential
donors may be more willing to give if charity dollars stay local. She
stated that the BCF will not have administrative overhead; therefore,
every dollar given will be spent locally, and if designated by the donor,
on their identified organization.
Dr. Gordon stated that since taking office as a Council Member, he was
never made aware of any City plans to take over a non-profit organization
with City employees being put in the position of running the organization
or taxpayers� dollars being used to operate the foundation. He inquired
as to whether the City Charter stated that the City Council and staff can
take over a non-profit organization using City employees, facilities,
services and taxpayers� dollars. He noted that a majority of the new
Board will consist of City appointees and Community Development staff will
be the Executive Director, representing an inherent conflict of interest
and liability for the City. He stated that this seems to be a means of
by-passing the Conflict of Interest laws. He expressed opposition to the
voluntary payroll deduction program and questioned the City�s involvement,
stating that the proposal was making a government agency out of an
existing private non-profit organization. He stated that he was adamantly
opposed to the proposal.
Mr. Golonski stated that the proposal is not an attempt to skirt Conflict
of Interest laws and any Council Member who solicited a donation for the
organization would have to disclose it. He added that the proposal is an
excellent idea that has worked in other communities such as Anaheim. He
also noted that the non-profit was set up by the Chamber of Commerce with
hopes of becoming the local United Way of Burbank but never took off, and
the proposal was a convenient opportunity to piggy back on the Chamber�s
efforts and re-establish it. He stated that the City�s intent is not to
step into the role of the non-profits but to offer a fundraising
opportunity that does not exist and which supplements the City�s efforts
with Community Development Block Grant funds. He noted that participation
is voluntary and the participants are provided an opportunity to designate
their contributions to a particular organization or endowment fund. He
acknowledged that the proposal may need some tweaking and stated that its
success is going to be determined by how well it is run and how fair and
good the Board of Directors is, but he trusted that the appointees would
work hard to make sure success is achieved.
Mr. Vander Borght expressed support for the proposal. He noted that the
purpose of the Community Development Department has shifted over time
beyond economic development, zoning and land use issues to how to deal
with a City that is mature and how to help those who are less fortunate.
He added that the proposal provides an opportunity to support an
organization in a minimal way with the ability to leverage resources for
those who are less fortunate and keep the funds in the community. He
stated that this is a first step but changes may be necessary in the
future as needed.
Mrs. Ramos expressed support for the concept but not the structure and
reconstitution. She stated that she is not ready to adopt the draft
by-laws because more measures are needed to ensure equitability and
sustainability. She also expressed concern with the broadness of the
definition of purpose since it is what dictates the future direction of
the foundation. She noted that a foundation has the potential to become a
political vehicle and measures must be put in place to ensure that such
circumstances do not occur.
Mr. Campbell supported the concept and its intentions. He also noted that
this is a first step and changes may be made as necessary.
Ms. Alvord elaborated on the City�s support of non-profits and gave a
brief history of the proposal�s concept. She noted her strong support for
the foundation and stated that while it may not be perfect, the rewards
for the community will far outweigh any resource contribution that the
City makes.
Mrs. Georgino, Community Development Director, clarified the City�s
mission of helping the community to be stronger and to take measures that
help build a great community at different levels. She noted that staff�s
intent is to reconstitute the foundation and expand its donor base and
elaborated on the rationale for staff�s proposal.
Dr. Gordon requested that if the foundation goes forward, a periodic
report be provided indicating the City�s associated cost of participating
in the foundation. Mr. Campbell also requested that the benefits be
measured as well. The Council concurred.
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Motion |
It was moved by Mr. Vander Borght, seconded by Mr. Golonski and carried
with Dr. Gordon voting no and Mrs. Ramos abstaining to �approve of the
proposed reconstitution of the Burbank Community Foundation and its
accompanying draft by-laws and updated draft agreement.�
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1503
Energy
Efficient Programs |
Ms. Meyer, Marketing Manager, Burbank Water and Power (BWP), requested the
Council approve the following energy-saving and educational programs, and
direct and authorize the BWP General Manager to implement the programs,
entering into any and all necessary agreements for the purpose consistent
with the programs:
Low-Income Refrigerator Replacement Program, which will remove old
refrigerators and replace them with Energy Star refrigerators in 400
low-income households;
Refrigerator Round-Up Program, which will remove 500 secondary
refrigerators from Burbank homes saving 1,000,000 kilowatt-hours annually;
Leadership in Energy and Environmental Design (LEED) Certification
Incentive Program, which will encourage the construction of
environmentally-preferred buildings in Burbank;
Purchase and installation of a Thermal Energy Storage System at the Disney
Cancer Center at a cost of $101,982 to showcase responsible energy
stewardship in Burbank;
Wet Cleaning Incentive Program, which will provide education on the
advantages of professional wet cleaning to all Burbank dry cleaners and
provide additional financial incentives of $10,000 to up to five cleaners
converting to wet cleaning;
Enhanced Solar Photovoltaic Support Program, which will increase the
limits of the BWP Solar Support Program to 3.3 kilowatts for residential
installations and 8.5 kilowatts for business installations;
Outsourced Educational Coordinator Program, in concert with two other
local utilities of Azusa and Banning, to provide in-class instruction on
energy to Burbank�s Fourth Grade students, modeled on BWP�s long-standing
and very well-regarded Speaker�s Bureau Program;
Livingwise Educational Program, which will provide residential energy and
water savings in tandem with energy education delivered through Sixth
Grade classes; and,
Energy and Water Conservation Education Program, which will provide
educational materials on the wise use of energy and water resources to
Burbank Third Graders as a companion piece to BWP�s online Energy
Efficiency World information.
Ms. Meyer reported that there are sufficient funds available in the BWP
budget to cover the cost of the proposed programs.
Dr. Gordon expressed concern with the Thermal Energy Storage System at the
Disney Cancer Center, stating that the Center is a private non-profit
hospital and not a government facility, and would prefer the demonstration
be done at a public facility such as a school or library.
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Motion |
It was moved by Mr. Vander Borght and seconded by Mrs. Ramos that �the
following resolution be passed and adopted:�
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1503
Energy Efficient Educational Programs
|
RESOLUTION NO. 27,326:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND
AUTHORIZING IMPLEMENTATION OF THE ENERGY EFFICIENCY AND EDUCATIONAL
PROGRAMS OF BURBANK WATER AND POWER FOR FISCAL YEAR 2006-2007.
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Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members Golonski, Ramos, Vander
Borght and Campbell.
Noes: Council Member Gordon.
Absent: Council Members None.
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204
Subsidizing
Candidate
Statements |
A report was received from the City Clerk�s Office requesting Council
consideration of whether the City will subsidize the cost of candidate
statements for the 2007 Municipal Elections. Pursuant to the Burbank
Municipal Code, each candidate for an elective office may prepare a
candidate statement and the Council is required to determine, by
resolution, whether charges shall be levied against candidates for the
cost of sending the candidates' statements to the registered voters.
The report indicated that the cost of the statements may be paid either
partially or entirely by the candidates or the City, and the preliminary
estimate for a half-page candidate statement is $750, based on the number
of registered voters to whom the Voter Information Pamphlet is mailed.
Staff indicated that beginning with the 2006 Special Election, the City is
required to print an entirely bilingual Sample Ballot (English/Spanish)
pursuant to the Federal Voting Rights Act. However, any candidate who
desires to have their statement in any language other than English or
Spanish will have to pay for the entire cost ($750) of that foreign
language statement.
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|
Motion |
It was moved by Mr. Golonski, seconded by Mrs. Ramos and carried with Mr.
Campbell and Mr. Vander Borght abstaining that, �a $300 subsidy be
approved and staff be directed to return with the appropriate resolution.�
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|
201-1
Use of Videos
During
Orals |
Mr. Barlow, City Attorney, reported that the Council has expressed
interest in restricting the playing of campaign video tapes during the
several periods of oral communications at Council meetings. He expressed
a concern that limiting certain types of video tapes would be a
content-based restriction and would probably be struck down by the Courts
and as such, staff recommended that if a restriction would be considered,
all video tapes and DVDs be prohibited. He also elaborated on the
copyright issues related to use of music and non-City videos that may be
copyrighted and protected, and would pose a liability issue if run on the
City�s broadcast.
Following Council deliberation, staff was directed to establish a pledge
system to request candidates to refrain from, and discourage their
supporters from airing campaign videos during oral communications.
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Ordinance
Submitted |
It was moved by Mr. Golonski and seconded by Dr. Gordon that �Ordinance
No. 3707 be read for the second time by title only and be passed and
adopted.� The title to the following ordinance was read:
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|
Reinstatement
Of AUP Req.
For
Downtown
Restaurants |
ORDINANCE NO. 3707:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION
31-1407.1 OF THE BURBANK MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE USE
PERMIT REQUIREMENTS FOR DOWNTOWN RESTAURANTS.
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|
Adopted |
The ordinance was adopted by the following vote:
Ayes: Council Members Golonski, Ramos, Vander
Borght and Campbell.
Noes: Council Member Gordon.
Absent: Council Members None.
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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 David Piroli, on use of videotapes during oral
communications.
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Staff
Response
|
Members of the Council and staff responded to questions raised.
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|
1:09 A.M.
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 1:09 a.m.
Margarita Campos,
CMC
City
Clerk
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