|
Present- - - - |
Council Members
Gordon, Ramos, Vander Borght and Campbell. |
|
Absent - - - - |
Council Member
Golonski. |
|
Also Present - |
Ms. Alvord, City
Manager; Mr. Stevenson, Senior Assistant City Attorney; and, Mrs. Wilson,
Deputy City Clerk.
|
|
Oral
Communications |
There was no
response to the Mayor�s invitation for oral communications on Closed
Session matters at this time.
|
|
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:
|
|
|
a.
Conference with Legal Counsel � Existing Litigations:
Pursuant to
Govt. Code �54956.9(a)
Name of Case:
Pacific Gas and Electric Company v. Arizona Electric Power Cooperative.
Case No.:
2:06-CV-0559-MCE-KJM
Brief description and nature of case:
Disputes involving sales of electrical energy in the California Energy
markets during the California Energy Crisis of 2000-01.
|
|
|
Name of Case:
Federal Energy Regulatory Commission (FERC) Refund Case Appeals
(California Energy Crisis Litigation at the Ninth Circuit Court of
Appeals).
Case No.:
Consolidated Cases 01-71051, et. al. (Phase I), Consolidated Cases
01-71934 (Phase II) and Related Cases.
Brief description and nature of case:
Disputes involving sales of electrical energy in the California Energy
markets during the California Energy Crisis of 2000-01.
|
|
|
Name of Case:
Cities of Burbank, Glendale and Pasadena v. Samuel W. Bodman, Secretary of
Energy.
Case No.:
05-1514 (United States Court of Appeals for the Federal Circuit).
Brief description and nature of case:
Appeal of adverse decision by the Department of Energy Board of Contract
Appeals in the Cities of Burbank, Glendale and Pasadena v. Bonneville
Power Administration (BPA) relating to a contract dispute between the
cites and BPA.
|
|
|
Name of Case:
San Diego Gas and Electric Company v. Arizona Electric Power Cooperative.
Case No.:
2:06-CV-0592-MCE-KJM
Brief description and nature of case:
Disputes involving sales of electrical energy in the California Energy
markets during the California Energy Crisis of 2000-01.
|
|
|
b.
Conference with Legal Counsel � Anticipated Litigation:
Pursuant to Govt. Code �54956.95
Number of potential case(s): 1
|
|
|
c.
Conference with Legal Counsel � Anticipated Litigation:
Pursuant to Govt. Code �54956.9(c)
Number of potential case(s): 1
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular
meeting of the Council of the City of Burbank was reconvened at 6:37 p.m.
by Mr. Campbell, Mayor.
|
|
Invocation
|
The invocation
was given by Reverend Ron White, American Lutheran Church.
|
|
Flag Salute
ROLL CALL |
The pledge of
allegiance to the flag was led by Stephanie Mines.
|
|
Present- - - - |
Council Members
Golonski, Gordon, Ramos, Vander Borght and Campbell (Left at 9:23 p.m.). |
|
Absent - - - - |
Council Members
None. |
|
Also Present - |
Ms. Alvord, City
Manager; Mr. Stevenson, Senior Assistant City Attorney; and, Mrs. Wilson,
Deputy City Clerk.
|
|
301-1
Cultural
Diversity Month
|
Mayor Campbell
presented a proclamation in honor of Cultural Diversity Month to John
Brady, Human Relations Council and Peter Eirich, Burbank Police
Department.
|
|
301-1
Domestic
Violence Awareness Month |
Mayor Campbell
presented a proclamation in honor of Domestic Violence Awareness Month to
Laurie Bleick and Chris Ramos, Family Service Agency and Stephanie Mines,
Soroptomist International of the Verdugos.
|
|
301-1
Breast Cancer
Awareness Month
|
Mayor Campbell
presented a proclamation in honor of Breast Cancer Awareness Month to
representatives of Soroptimist International of the Verdugos.
|
|
301-1
Fire Prevention
Week Proc.
|
Mayor Campbell
presented a proclamation in honor of Fire Prevention Week to Captain Bell,
Burbank Fire Department.
|
|
Senator Scott
State of the
State Address |
Senator Scott
presented his State of the State address. He gave a brief overview of
California�s economy and the 2006 Legislative Session. He noted that the
November 2006 ballot has the largest bond issue to address issues
identified by the Legislature regarding transportation, schools,
affordable housing and levys. He reported that he chairs the Senate
Education Committee and the Budget Subcommittee that deals with education,
and noted that with the State�s $7.5 billion in unanticipated revenues in
the Fiscal Years 2005-06 and 2006-07, additional funding was allocated to
education.
Senator Scott
also reported that he had 14 bills signed by the Governor, including:
Senate Bill 361, which revamped the antiquated funding formula for
community colleges; Senate Bill 1309, which provided millions of dollars
for the University of California, California State University and
Community Colleges to recruit and expand enrollments in nursing education;
and, Senate Bill 1655 that dealt with teacher transfer. He also discussed
bills that dealt with local issues, including: Senate Bill 148, empowering
cities to address loitering and crime related to liquor stores; Senate
Bill 1428, regarding motion picture companies; and, Senate Bill 1116, that
addresses conservators that take advantage of older citizens. He also
noted his participation in the Burbank On Parade event, stated several
Burbank residents were honored at the Annual Women In Business event and
added that several workshops were held in Burbank, including the Dollars
and Cents Financial Literacy Workshop. He commended the Council for their
work.
Mr. Campbell
commended Senator Scott for the 14 bills passed and his work in general.
He noted that traffic is a huge issue for Burbank and noted that although
the City will receive approximately $4 million from the Transportation
Infrastructure Improvement Bonds, the City�s needs outweigh the amount.
He inquired as to whether the Senate has thought beyond just the bonds and
the container fee bills to find means by which conformity can be attained
throughout the region to free up congestion.
Dr. Gordon
thanked the Senator for taking the time to address the Council.
Mr. Vander
Borght thanked the Senator and requested that mass transit be made a high
priority as it is the only means to managing transportation issues. He
noted that with the Senator�s support, Burbank anticipated funding for
mass transit projects.
Mrs. Ramos
thanked the Senator for taking the time to address the Council. She noted
that the City is a member of the Inter-Agency Communications
Interoperability System and requested the Senator look into the allocation
of Federal Homeland Security funds to make sure Burbank is receiving its
fair share.
Mr. Golonski
congratulated the Senator upon a successful legislative session. He
requested that the Senator pay close attention to the State�s
consideration of re-regulation of utilities. He expressed hope the
Legislature will have consideration for municipal utilities, though a
minority, who have lived up to their obligation to serve the public in a
reliable and quality way.
|
|
Reporting on
Council Liaison
Committees
|
Mr. Campbell
reported on representing the Council at the Los Angeles Economic
Development Corporation�s Eddy Awards, where the City was nominated as one
of the top five out of a total of 88 cities for being business friendly.
Mr. Vander
Borght reported on attending the Los Angeles Public Works Board hearing on
the Glendale-Burbank Interceptor Sewer (GBIS) Project together with Mrs.
Ramos and Mr. Campbell as a private citizen, where they addressed the
Board with regard to the inadequacy of the Environmental Impact Report
that was prepared for the GBIS Project. He also reported on the Memorial
Field Subcommittee and the Audit Committee meetings he attended with Mrs.
Ramos.
Mrs. Ramos
reported on the Audit Committee meeting, stating that the Committee
recommended that the following entities also be audited: the Animal
Shelter; Verdugo Communications Agreement; Burbank Knowledge Learning
Center; and, Burbank Bus cash receipts. She also reported on attending
the Los Angeles Public Works Board hearing on the GBIS Project. She noted
receipt of a documentary, entitled �Into the Fire� featuring the Burbank
Fire Department which will premier on the History Channel on October 13,
2006 at 8:00 p.m. and October 22, 2006 at 4:00 p.m. She also commented on
the Domestic Violence Awareness Month proclamation and announced that the
Family Service Agency will hold a fundraiser on Saturday, October 14, 2006
honoring Eric Hansen, Park, Recreation and Community Services Director,
for more than 35 years of service to the City of Burbank.
|
|
7:38 P.M.
1704
Hearing
Project No.
2006-1, 3 Skyline Drive � Hillside Devt. Permit |
Mayor Campbell
stated that "this is the time and place for the hearing on the request by
two separate appellants to appeal the Planning Board�s decision to deny
without prejudice the previous appeal and uphold the Community Development
Director�s decision to approve a pool house and deck structures and deny
an exception to the 40 percent Floor Area Ratio to construct an
approximately 254-square foot pool house for the property located at 3
Skyline Drive. The project was denied by the Planning Board on August 28,
2006.�
|
|
Meeting
Disclosures
|
There were no
meeting disclosures.
|
|
Notice
Given |
The Deputy City
Clerk was asked if notices had been given as required by law. She replied
in the affirmative and advised that one piece of written communication had
been received in opposition to the project.
|
|
Staff Report
|
Ms. Shavit,
Assistant Planner, Community Development Department, requested the Council
Consider two appeals of the Planning Board�s decision on Project No.
2006-1, Hillside Development Permit for the property located at 3 Skyline
Drive. She stated that the property is located in an R-1 Zone in the
hillside area above Sunset Canyon. She stated that on June 13, 2006, the
Community Development Director approved the project for the construction
of a pool and deck structures but denied an exception to allow a Floor
Area Ratio (FAR) of 45 percent for the construction of a pool house. She
added that the decision was appealed by Janek Dombrowa, the architect for
the project, requesting that the Planning Board approve the original
request, including the FAR exception. She noted that at the public
hearing, the Planning Board denied without prejudice the appeal of the
Director�s decision.
Ms. Shavit
informed the Council that at the Planning Board hearing, comments were
made that the Board may have been able to approve the exception to the 40
percent FAR if the size of the pool house was reduced to a 60-square foot
bathroom instead of an approximately 300-square foot pool house. However,
the applicant has not elected to propose this change.
Ms. Shavit noted
that two separate appeals have been filed by Daniela Haglund, who is
requesting that the Council not uphold the Planning Board�s decision and
approve the original project proposal as requested; and, Christopher
Boyce, who is requesting the Council not uphold the Board�s decision, and
that the entire project request be denied. She added that this appellant
stated that the project proposal is unlike any other existing in the
neighborhood and contains atypical hardscaping. She noted that the
appellant resides at 4 Skyline Drive.
Ms. Shavit
concluded that the project as approved by the Planning Board is compatible
with the surrounding neighborhood and will not have any negative effects
on noise, views, privacy or traffic. She added that the six findings
required for approval of the project can be made, subject to the proposed
Conditions of Approval. She noted that staff agrees with the Planning
Board that three of the findings required for an exception to the 40
percent FAR requirement cannot be made. She specifically stated that the
home is larger than most homes in the neighborhood on one of the smallest
lots. She requested the Council deny both appeals and uphold the Board�s
decision to approve Project No. 2006-1 Hillside Development Permit to
construct a pool and deck structures and deny the exception request,
subject to the Conditions of Approval.
|
|
Appellant 1
|
Daniela Haglund,
appellant, distributed pictures of the backyard of the property at 3
Skyline Drive, commented on her outreach to the neighbors prior to hiring
an architect and requested the Council approve the project as presented.
Janek Dombrowa, project architect, commented on the project�s plan, the
FAR exception request and noted that a trellis will shade the area around
the pool and over the pool house with 50 solar panels.
|
|
Appellant 2
|
Christopher
Boyce, appellant, stated he did not remember discussing any swimming pool
proposals, noted the project is not aesthetically appealing and will be
right outside his kitchen window. He added that the project is not
compatible with the neighborhood and poses privacy concerns.
|
|
Applicant
|
Mr. Dombrowa
elaborated on the project proposal and the paving issues and stated the
project will not generate a lot of dust and will be well landscaped. He
stated that the project will meet all landscaping, separation and privacy
conditions. He requested the Council consider the unusual circumstances
of the small parcel.
|
|
Citizen
Comment |
There was no
response to the Mayor�s invitation for oral comment.
|
|
Rebuttals
Appellant 1
|
Ms. Haglund,
appellant, urged the Council to approve of the project as proposed.
|
|
Rebuttal
Appellant 2
|
Mr. Boyce,
appellant, expressed concern that the proposed solar trellis and concrete
paving will radiate a lot of heat and requested that if approved, some
screening be provided.
|
|
Applicant
|
Mr. Dombrowa
requested the Council allow the project to have a shower, toilet and sink
and approve of the photovoltaic panels.
|
|
7:59 P.M.
Hearing Closed
|
There being no
response to the Mayor�s invitation for oral comment, the hearing was
declared closed.
|
|
Hearing
continued
|
The Council
generally agreed with the Planning Board�s decision and noted the
applicant has expressed a desire to return with a reduced project scope to
a shower and bathroom facility which is reasonable. There was consensus
to continue the hearing to November 21, 2006, such that the applicant
submits a revised project plan, including details on the photovoltaic
panels.
|
|
1704-5
Project No.
2006-032
1902-1904
Jackson St. |
Mayor Campbell
stated that "this is the time and place for the hearing on the appeal of
the Planning Board's decision denying Project No. 2006-032, a Variance
request by Ruby Herrera to consider the approval of a variance for
density, setbacks and parking to legalize and expand an illegal unit at
1902-1904 Jackson Street. The Variance was denied by the Planning Board
on July 24, 2006.�
|
|
Meeting
Disclosures
|
There were no
meeting disclosures.
|
|
Mr. Golonski
Left the Meeting
|
Mr. Golonski
recused himself due to the fact that he owns property in close proximity
to the project.
|
|
Notice
Given |
The Deputy 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
|
Ms. Shavit,
Assistant Planner, Community Development Department, requested the Council
consider an appeal of the Planning Board�s decision to deny Project No.
2006-032, a Variance for 1902-1904 Jackson Street to legalize a third unit
on the property. She stated that the appeal was filed by Ruby Herrera,
property owner, who is requesting a Variance for setbacks, parking and
density to legalize and expand an illegal unit on the property. She added
that the project is located in an R-3 Zone, surrounded by R-3 and R-4
multi-family properties. She stated that there are two existing legal
units, with legal non-conforming parking and setbacks.
Ms. Shavit
stated that the applicant is requesting to expand a 170-square foot
existing legal accessory/storage structure by 288 square feet to create a
458-square foot one-bedroom apartment; however, the proposed addition and
conversion does not meet current requirements for setbacks, parking and
density. She noted that only two units are allowed under current density
Codes and a third unit is being requested. She added that the additional
unit requires three additional parking spaces, but no legal spaces are
provided. Additionally, the setbacks of the proposed unit do not meet
Code requirements. She stated that the applicant proposes two new parking
spaces for the third unit; however, the spaces also do not meet current
Code standards with substandard widths, and the project is under-parked as
compared to current standards with only one parking space per unit.
Ms. Shavit
informed the Council that the Planning Board denied the Variance on the
basis that they could not meet three of the four findings to approve the
Variance request. She recommended the Council uphold the Planning Board�s
denial of the Variance.
|
|
Applicant
|
Ruby Herrera,
applicant, urged the Council to approve of the proposed project. She
stated that she purchased the property under the pretext that it was a
duplex with a guest house. She noted that upon her knowledge that the
unit was illegal she made all efforts to make the unit legal. She also
stated there are several units on her block with equal or less parking
space.
|
|
8:30 P.M.
Hearing Closed |
There being no
response to the Mayor�s invitation for oral comment, the hearing was
declared closed.
|
|
Council
Deliberation
|
Council
discussion centered around there being other similar units in the area,
appreciation for the applicant�s efforts to make the unit legal,
application of the density bonus law, providing additional parking,
whether a precedent would be set and on making the Variance findings.
There was a general desire to work something out with the applicant and to
continue the hearing to a future Council date to allow the applicant the
possibility to covenant the unit as a lower-income unit.
|
|
8:58 P.M.
Mr. Golonski
Returns
|
Mr. Golonski
returned to the Chamber at this time |
|
Reporting on
Closed Session |
Mr. Stevenson
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 and Elizabeth Montgomery, in support of hiring
legal counsel for the Glendale-Burbank Interceptor Sewer Project; Gary
Garrison, on senior citizen karaoke programs; Michelle Feather, in support
of the Firefighters Memorandum of Understanding; and, Esther Espinoza, on
being interrupted at a previous meeting and on the Medi-Cal program.
|
|
Staff
Response |
Members of
the Council and staff responded to questions raised.
|
|
Agenda Item
Oral
Communications |
There was no
response to the Mayor�s invitation for speakers for the Agenda Item oral
communications.
|
|
9:09 P.M.
Recess
|
The Council
recessed to permit the Parking Authority to hold its meeting. The meeting
reconvened at 9:10 p.m. with all members present.
|
|
Motion |
It was moved by
Mr. Golonski and seconded by Mrs. Ramos that "the following items on the
consent calendar be approved as recommended.�
|
|
1007-1
1009-1
Revise Salary
for Principal
Electric
Engineer
|
RESOLUTION NO. 27,333:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK REVISING THE SALARY FOR PRINCIPAL
ELECTRICAL ENGINEER (CTC No. 0790).
|
|
1007-1
1009-1
Revise Salary
for Manager Trans. and Dist. Engineer
|
RESOLUTION NO. 27,334:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK REVISING THE SALARY FOR MANAGER
TRANSMISSION AND DISTRIBUTION ENGINEERING (CTC No. 0531).
|
|
1007-1
1009-1
Revise Salary
for Power Resource Manager
|
RESOLUTION NO. 27,335:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK REVISING THE SALARY FOR POWER RESOURCES
MANAGER (CTC No. 0633).
|
|
1011-2
Approve MOU for
BFF |
RESOLUTION NO. 27,336:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BURBANK AND THE BURBANK FIREFIGHTERS FOR FISCAL YEARS
2006-2009 AND AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2006-2007.
|
|
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.
|
|
9:11 P.M.
Dr. Gordon
Left the
Meeting
|
Dr. Gordon left
the meeting at this time due to a potential conflict with the following
item.
|
|
1202-6
Magnolia
Park PBID
|
Ms. Hamzoian,
Administrative Assistant, Community Development Department, requested the
Council appoint the first Property-based Business Improvement District
(P-BID) Board for the Magnolia Park P-BID. She stated that in August
2006, staff was authorized to open the ballots as the final step to
establish and form a P-BID. She reported that over 50 percent of the
ballots supported a Magnolia Park P-BID to carry out the Management Plan
(Plan) programs and improvements. She elaborated that the Plan, which was
developed and presented to the Council in February 2006, includes a
parking program, increased maintenance services, promotions, advertising,
events, business recruitment and advocacy to promote business interests.
Ms. Hamzoian
reported that the P-BID has a five-year plan, which is the maximum length
that a P-BID may be established before being renewed. She stated that
each January, the P-BID will receive approximately $250,000 in assessments
from Magnolia Park property owners, excluding residential and nonprofit
property owners. She informed the Council that the Board of Directors of
the organization will be comprised of an eleven-member board representing
six property owners, one business owner and two residents in the Magnolia
Park area, as well as two representatives from the City.
|
|
Motion to
appoint resident and City reps
|
It was moved by
Mr. Golonski, seconded by Mr. Vander Borght and carried that �Laurie
Krattiger and Nancy Winogradow be appointed as the resident
representatives, and the City Manager and Community Development Director
be appointed as the City representatives.�
|
|
|
The Council
expressed appreciation to all the applicants and the following individuals
were appointed to serve on the Magnolia Park P-BID following a Council
vote:
|
|
PBID Board
members appointed
|
Alan Arzoian;
Bradley Korb; Ira Lippman; Paul Long; Raul Porto;
Sandra Spero;
and, Anita McLendon. |
|
9:23 P.M.
Dr. Gordon
Returns
|
Dr. Gordon
returned to the Chamber at this time. |
|
9:23 P.M.
Mr. Campbell
Left the Meeting |
Mr. Campbell
left the meeting at this time due to a potential conflict with the
following item.
|
|
911
213
Retaining
Special Counsel for the GBIS
|
Mr. McDougall,
Senior Assistant City Attorney, reported that at the meeting of September
26, 2006, the Council directed the City Attorney�s Office to solicit
proposals for special legal counsel to review the Final Environmental
Impact Report (EIR) prepared for the City of Los Angeles� Integrated
Resources Plan (IRP), including the Glendale-Burbank Interceptor Sewer (GBIS)
and to advise the City on the steps required to challenge the
environmental and project approval process conducted by the City of Los
Angeles. He stated that the City Attorney�s Office sent an informal
request for Statements of Qualifications (SOQ) and fee schedules to six
law firms with known expertise in the California Environmental Quality Act
(CEQA) and the Development Review process. He added that two firms out
of the six declined to submit SOQs, and SOQs were submitted by Chatten-Brown
& Carstens; Gatzke, Dillon & Ballance, LLP; Luce, Forward, Hamilton &
Scripps, LLP; and, Morrison and Foerster, LLP. He stated that all four
firms were qualified to perform the requested services; however, staff
recommended the law firm of Gatzke, Dillon & Ballance, LLP. He also
recommended that the Council adopt a resolution approving a Legal Services
Agreement (Agreement) with the selected firm and a budget amendment in the
amount of $40,000 to fund the Agreement.
|
|
Motion |
It was moved by
Mrs. Ramos, seconded by Mr. Vander Borght that �the following resolution
be passed and adopted, with direction to retain the firm of Chatten-Brown
& Carstens with Gatzke, Dillon & Ballance, LLP as the alternate.
Authorization was also given to the City Attorney�s Office to make
non-substantive revisions to the Agreement prior to its execution.�
|
|
911
213
Retain Legal
Counsel for GBIS
|
RESOLUTION NO. 27,337:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF
AN AGREEMENT FOR LEGAL SERVICES AND AMENDING THE FY 2006-2007 ANNUAL
BUDGET IN THE AMOUNT OF $40,000.
|
|
Adopted |
The resolution
was adopted by the following vote:
Ayes: Council Members Gordon, Golonski,
Vander Borght and
Ramos.
Noes:
Council Members None.
Absent:
Council Member Campbell.
|
|
9:54 P.M.
Reconvene
Parking Authority Meeting
|
The Parking
Authority meeting was reconvened at this time for public comment with Mr.
Campbell absent. |
|
Final Open
Public Comment
Period of Oral
Communications |
There was no
response to the Vice Mayor�s invitation for speakers for the final open
public comment period of oral communications at this time.
|
|
9:54 P.M.
Adjournment |
There being no
further business to come before the Council, the meeting was adjourned at
9:54 p.m. to Monday, October 16, 2006 at 6:30 p.m. in the City Council
Chamber, 275 East Olive Avenue, for a Joint Council/School Board meeting.
Josephine
Wilson
Deputy City Clerk
|
