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Invocation
|
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 Linda Oseransky.
|
|
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.
|
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301-1
Civic
Pride�s Make A Difference Day
|
Mayor
Campbell presented a proclamation in honor of Make A Difference Day to
Linda Silvas, Chair of the Burbank Civic Pride Committee.
|
|
301-1
Charter
Review Committee
|
Mayor
Campbell commended the 15 members of the City�s Charter Review Committee,
who were charged with the task of reviewing the Charter and recommending
changes to the Council for placement before the voters on the April 2007
General Election ballot. Certificates of Recognition were presented to
the following members in attendance: Carolyn Jackson; David Ahern; Claudia
Bonis; Chris Carson; Celeste Francis; Robert Frutos; Vic Georgino; Hagop
Hergelian; Lynn Kronzek; Bob Olson; Susan Robles; Vincent Stefano; and,
Garen Yegparian.
|
|
301-1
Employee
Service
Awards |
Mayor
Campbell and Ms. Alvord, City Manager, recognized City employees for their
dedicated efforts to provide Burbank residents with outstanding municipal
services and honored employees who have reached significant service
anniversaries of 20, 25, 30, 35 and 40 years.
The
following employees were recognized for 20 years of service: Juli Scott;
Jack Lynch; Thoma O�Malley; Elaine Pease; William Weyandt; James Baldridge;
Michael Boufford; Alan Burgess; Timothy Doppenberg; Daryl Isozaki; Dennis
Kenehan; Patrick Latham; Ruben Mercado; Kevin O�Neill; Ronald Pearlman;
Frank Riha; David Schmitt; Diane Wilson; Guillermo Taylor; Brian Ginley;
Victoria O�Neill; Kelly Frank; Clotilde Jacobellis; Michelle McCord; Rick
Medlin; Matthew Miranda; Todd Mofford; Edgar Penaranda; Darin Ryburn; Rita
Smith; Joseph Cordero; Charles Henry; Raul Martinez; Brian Mole; Clarence
Steese; Alan Stone; Homayoun Bozorgmehri; Fredrick Fletcher; Chris
Friesen; and. Kirk Jensen
Employees
recognized for 25 years of service included: Felicidad Malana; Kelly
Chulick; James Finerty; Jeffrey Howe; Robert Lanning; Kenneth Macnew; Alan
Moore; Bruce Smentek; Lew Stone; Guy Thompson; Robert Trowbridge; Tina
Larsen; Harvey; Fukumoto; Brian Hannick; Carol Mercado; Gayle Migden;
Cynthia Beebe; Steven Buteyn; Ronald Caruso; Joseph Dean; Dale Ferency;
Michael Gibbons; Laurence Hill; Jay Jette; Tommy Kister; Brian Llewellyn;
Scott Moody; Robert Quesada; Barbara Roe; Gary Seymour; Kathlyne Speirs;
Craig Varner; Jerry Anderson; Anthony Carbono; William Carson; Stephen
Dziadkowiec; David Flores; Alfred Johnson; Arnold Peterson; Ronald
Vincent; Elliot Azus; Dev Birla; Gina Floyd; Ramez Hamoui; Jeffrey
Hancock; Gaye Mains; Joseph Meythaler; Linda O�Connell; Keith Orduno;
Bruce Redmann; Crisanto Sanchez; and, Salvatore Sinardi.
Also
recognized were the following employees for their 30 years of service:
Alan Buckley; Ralph Constanzo; Charles Honnold; William Kinzel; Charles
LeRoy; Janice Lowers; Brian Matthews; Ernestine Padilla; Cheryl Panikowski;
George Reed; Robert Sheffield; and, Patrick Thomas.
In
addition, the following employees were recognized for achieving 35 years
of service: James Castro; Emilio Gonzalez, Jr; Louise Paziak; Mary Jo
Watkins; and, Guy Zink III.
Proclamations were presented to Mickey de Palo and Linda Oseransky for
achieving 40 years of service to the City.
|
|
Reporting on
Council Liaison
Committees
|
Dr. Gordon
expressed appreciation to staff for their service and requested Mr. Barlow
to elaborate on a confidential memorandum sent to the Council regarding
the Glendale-Burbank Interceptor Sewer Project.
Mrs. Ramos also
expressed appreciation to staff and the Charter Review Committee and
reported on her participation as the League of California Cities�
representative on the Los Angeles Children�s Planning Council.
Mr. Vander
Borght commended staff and the Charter Review Committee and reported on
the DeBell Clubhouse, Community Services Building and Burbank Boulevard
Beautification Project Subcommittee meetings he attended with Mr.
Campbell.
Mr. Golonski
noted the dedication of all City employees and expressed appreciation to
the Charter Review Committee.
|
|
7:44 P.M.
203
Ordinance
Calling a Special Election to Approve New Charter
|
Mayor Campbell
stated that �this is the time and place for the hearing on the report of
the Charter Review Committee on whether to place the proposed new Charter
before the voters.�
|
|
Meeting
Disclosures
|
There were no
meeting disclosures.
|
|
Notice
Given |
The City Clerk
was asked if notices had been given as required by law. She replied in
the affirmative and advised that two pieces of written communication had
been received.
|
|
Staff
Report |
Ms. Alvord, City
Manager provided the history and background of the Charter Review
Committee and introduced the Committee Chair, Ms. Carolyn Jackson.
Ms. Jackson
introduced Dr. Sonenshine, the Committee�s consultant, and the Charter
Review Committee members. She reported that the Committee was tasked with
reviewing the City Charter and returning with recommendations. She gave
an overview of the Charter review process including the number of meetings
held, the opportunities for public comment, and elaborated on the public
outreach efforts.
Ms. Jackson
informed the Council that the Committee requested their proposal be placed
as one measure on the 2007 General Election ballot for voters�
consideration. She described the Charter as the City�s Constitution,
which sets forth ways in which the City is governed and can only be
changed by a vote of the people. She stated that in reviewing the
Charter, the Committee pursued the following values; efficiency,
responsiveness, accountability, simplicity and accessibility.
Ms. Jackson then
discussed the following proposed Charter amendments: adding a preamble;
reorganizing the Charter to make it more user-friendly; requiring the
Council to meet at least twice per month as opposed to once per week,
without precluding the Council from meeting more frequently; adding a
provision encouraging public participation in the decision-making process;
requiring a three-fifths vote as opposed to a four-fifths vote for budget
adoption and appropriations, to avoid blocking passage of the budget or
delay in appropriations needed to respond to the public�s need for service
should one Council Member not be present at a meeting; allowing the
Council to set threshold for competitive bids by ordinance as opposed to
the $100,000 limit set by the current Charter, in an effort to allow the
amount to follow inflationary trends; replacing the departments listed in
the Charter with a list of municipal functions to be provided by the City
in a timely, efficient and professional manner; retaining the Police
Chief, Fire Chief and Burbank Water and Power in the Charter and all
departments continuing as currently structured unless altered by
ordinance; retaining all Boards and Commissions in the Charter and adding
the Burbank Water and Power Board and Police Commission, including the
associated powers and duties of the Police Commission; recommendation that
the City Clerk and City Treasurer positions be appointed and removed by
the City Manager rather than being elected; amending the Charter to state
that a Council vacancy occurs if a Council Member fails to attend meetings
for 60 consecutive days without Council permission, with no Council vote
required to declare the vacancy; requiring that a Council vacancy be
filled by an appointment until the next regularly-scheduled election and
not the entire unexpired term and subsequently, the newly-elected member
would only serve the unexpired term of the Council seat; including the
voters advisory vote in 2003 stating that the Council may hold all
elections by mail ballot; and, adding a provision for the Council to
appoint a five-member committee every five years to advise the Council as
to whether a full Charter review is needed.
Ms. Jackson also
commented on the major provisions preserved and items reviewed but not
amended. She noted that the Committee unanimously voted to recommend that
the proposed Charter be placed on the ballot as a single measure.
|
|
Citizen
Comment
|
Appearing to
comment were: Bob Olson; Irma Loose; Don Elsmore; Eric Michael Cap; Gary
Olson; David Holtzman; Lynn Serpe; Frank Schindler; Frank Kaden; Mary
Schindler; Kevin McCarney; Esther Espinoza; Fred Prouser; Mark Barton;
Rose Prouser; Mark Stebbeds; David Piroli; Eden Rosen; James Schad; Howard
Rothenbach; and, Celeste Francis.
|
|
9:50 P.M.
Hearing
Closed
|
The hearing was
declared closed at this time.
|
|
Council
Deliberation
|
Mr. Vander
Borght commended the Committee for their service and noted the need to
review the Charter periodically. He stated his preference for the Charter
amendments to be placed on the ballot by item as opposed to one measure.
He expressed support for changes to the four-fifths vote requirement which
is too onerous, and approved of the appointment of the City Clerk and City
Treasurer positions, noting that the positions are professional. He
expressed preference for maintaining the current provisions with regard to
filling Council vacancies.
Mrs. Ramos
commended the Committee, stated she would prefer placing the provisions of
appointing the City Clerk and City Treasurer, and declaring and filling a
Council vacancy separate from the entire Charter amendment on the ballot.
She also expressed preference for maintaining the four-fifths vote
requirement with a provision that in the event of a four-member Council
then three votes would be required for budget adoption and
appropriations. She was agreeable with the requirement to meet at least
twice a month, and approved of adding the preamble and reorganizing the
Charter to make it more user-friendly.
Mr. Golonski
also commended the Committee, stated his preference to place the
appointment of the City Clerk and City Treasurer positions as separate
ballot measures, and remarked that the four-fifths vote requirement is
burdensome but workable. He added that the current provision on filling
Council vacancies was agreeable to him and was not supportive of
eliminating the bid requirement amount from the Charter. He also
suggested that the Committee reconvene and provide additional input on
their recommendations, taking into consideration the Council�s
suggestions.
Dr. Gordon
thanked the Committee members and staff. He stated that he did not attend
the meetings, but listened to all the tapes and reviewed the minutes. He
noted that the Committee�s minutes do not accurately reflect what occurred
at the meetings. He expressed a major issue with the process, stating
that there was failure of process because the Committee had a very
definite charge by the Council from which it strayed. He expressed
opposition to the proposed changes to the four-fifths vote requirement,
and the declaration and filling of a Council vacancy. He stated that the
Charter review process was flawed.
Mr. Campbell
commended the Committee and staff for their hard work and disagreed that
the process was flawed. He stated his preference for the amendments to be
placed on the ballot item by item as opposed to one measure.
|
|
Motion Failed
|
Mr. Golonski�s
motion to �modify the Charter provision regarding contracting such that
rather than state that the Council set the amount by ordinance it be
expressed as one-tenth of a percent of the General Fund budget� died due
to lack of a second.
|
|
Motion
|
It was moved by
Mr. Golonski, seconded by Mr. Vander Borght and carried with Dr. Gordon
voting no that �staff be directed to come back with a package separating
the issues of: the appointment rather than the election of the City Clerk;
the appointment rather than the election of the City Treasurer; the
majority vote versus a four-fifths vote on budget adoption and
appropriations; and, the process for declaring a Council vacancy and
filling that vacancy.�
|
|
11:10 P.M.
Recess
|
The Council
recessed at this time. The meeting reconvened at 11:21 p.m. with all
members present.
|
|
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: Eric Michael Cap, on a proposed smoking ban in the City of
Santa Monica and on smoking in public areas in general; Esther Espinoza,
on the Development Agreement Transfer for Planned Development No. 2004-64;
Rose Prouser, on the Charter Review Committee (CRC) meetings and
requesting access to any material provided to CRC members; Mark Barton, on
oral communications criteria; Don Elsmore, on the CRC; Eden Rosen,
announcing that November is National Family Caregivers Month and on
disrepair of the parking lot on Clark Avenue at John Burroughs High
School; Mark Stebbeds, requesting clarification on the redline version of
the Charter provided to the CRC and on specific amendments to the Charter;
and, Irma Loose, in opposition to the proposed Charter amendments.
|
|
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: Eric Michael Cap, on the Charter Review Committee (CRC)
discussions and requesting a legal opinion on campaigning in churches;
Esther Espinoza, on the Development Agreement Transfer for Planned
Development No. 2004-64 and child care providers; Mark Barton, on the CRC;
Rose Prouser, playing a portion of the last CRC meeting discussion on
supporting the passage of the Charter amendments; Mark Stebbeds, on the
poor audio quality of the CRC meeting tapes; and, David Piroli, on the
CRC�s discussion on supporting Charter amendments.
|
|
Staff
Response |
Members of the
Council and staff responded to questions raised.
|
|
Item removed
from Consent |
The item
regarding �Development Agreement Transfer�Planned Development No. 2004-64�
was removed from the consent calendar for the purpose of discussion.
|
|
Motion |
It was moved by
Mrs. Ramos and seconded by Dr. Gordon that "the following items on the
consent calendar be approved as recommended.�
|
|
203-6
Child Care
Committee Appointments |
A report was
received from the Park, Recreation and Community Services Department
requesting Council approval and appointment of the 2006-07 Child Care
Committee (Committee) members. It was stated that pursuant to the by-laws
of the Committee, appointments are recommended by Committee members and
forwarded to the Council for approval. Appointments are for a one-year
term and include representation of those in the City whose cooperation in
the child care effort is needed, including the Burbank Unified School
District, private business employers, child care providers and parent
users of child care service.
The following
Child Care Committee members were appointed for a one-year term ending
October 1, 2007: Goldie Bemel, Burbank Unified School District; Yvette
Coontz, St. Anne�s Maternity Home C.F.O; Mildred Engel, Retired Educator;
Regina A. Martin, Child Care Center Director; Annabelle Godwin, Retired
Provider/College Instructor; Barbara Gunderson, The Walt Disney Company -
Work and Family Specialist; Harkmore Lee, Burbank YMCA; Carol Miller,
Pre-school Director; Deane Phinney, Retired Provider/Administrator; Nancee
Rodriquez, Past Child Care Center Director; Shanna Vaughan, Boys and Girls
Club Director; Helen von Seggern, Retired Educator; Tamara K. Brown,
Burbank YMCA; and, Karen E. Karlson, Child Care Center Director.
|
404
LA County Flood
Control District-Storm Drain Improvement-Transfer Drain No. 1747
|
RESOLUTION NO. 27,342:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK REQUESTING THE BOARD OF SUPERVISORS OF
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA
TO ACCEPT ON BEHALF OF SAID DISTRICT THE TRANSFER AND CONVEYANCE OF THE
STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1747 IN
THE CITY OF BURBANK FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND
IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
|
|
1411-2
Conditional
Vacation V-351 |
RESOLUTION NO. 27,343:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENTION TO CONSIDER THE
CONDITIONAL VACATION OF TWO ALLEYS (V-351).
|
|
1011-6
MOU approving
the BFF-COU for FY 2006-07
|
RESOLUTION NO. 27,344:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BURBANK AND THE BURBANK FIRE FIGHTERS � CHIEF OFFICERS
UNIT FOR FISCAL YEARS 2006-09 AND AMENDING THE ANNUAL BUDGET FOR FISCAL
YEAR 2006-07.
|
|
1506
Sponsorship
agreement for the Burbank Tournament of Roses |
RESOLUTION NO. 27,345:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF
A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF BURBANK, ACTING BY AND THROUGH
BURBANK WATER AND POWER AND THE BURBANK TOURNAMENT OF ROSES ASSOCIATION.
|
|
1503-1
Intermountain
Power Project-renewal of power sales contract (IPP)
|
RESOLUTION NO. 27,346:
APPROVING AND
AUTHORIZING EXECUTION AND DELIVERY OF A RENEWAL POWER SALES CONTRACT
BETWEEN THE INTERMOUNTAIN POWER AGENCY AND THE CITY OF BURBANK RENEWING
BURBANK�S GENERATION AND TRANSMISSION CAPACITY ENTITLEMENTS IN THE
INTERMOUNTAIN POWER PROJECT.
|
|
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.
|
|
1702
Project No.
2004-64
Development
Agreement Transfer
Crown Fairfield
to Casden |
A report was
received from the Community Development Department, presenting a request
by Crown Fairfield Associates, LLC, (Developer) to transfer the
Development Agreement and rights to develop the Planned Development
project at 1935 North Buena Vista Street to Casden Burbank, LLC (Casden).
Staff indicated
that in February 2006, the Council approved a residential development at
the corner of Buena Vista Street and Empire Avenue consisting of 276
residential units, 1,000 square feet of retail space and parking for both
uses. It was stated that the Developer has decided not to move forward
with the project and instead transfer the property to another developer.
It was noted that Casden is currently in escrow to purchase the property
and wishes to construct the approved project with all Conditions of
Approval imposed on the original development. In the original approval,
the Council retained limited discretion to approve an assignment. Staff
reported that the Council must approve the transfer if the qualifications
of the replacement developer are confirmed, if they have past experience
with producing high-quality mixed-use residential and retail developments,
and if they have a solid current financial condition. Staff stated that
Casden has demonstrated all of these qualifications.
|
|
Motion |
It was moved by
Mr. Golonski and seconded by Mrs. Ramos that �the following resolution be
passed and adopted:�
|
|
1702
Project No.
2004-64 Development Agmt. Transfer
Crown Fairfield
to Casden
|
RESOLUTION NO. 27,347:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING THE TRANSFER OF A DEVELOPMENT
AGREEMENT TO CASDEN BURBANK LLC (PLANNED DEVELOPMENT NO. 2004-64; 1935
BUENA VISTA STREET).
|
|
Adopted |
The resolution
was adopted by the following vote:
Ayes: Council Members Golonski,
Gordon, Ramos, Vander
Borght and Mr. Campbell.
Noes:
Council Members None.
Absent:
Council Members None.
|
|
Final Open
Public Comment
Period of Oral
Communications
|
There was no
response to the Mayor�s invitation for speakers for the final open public
comment period of oral communications at this time.
|
|
12:13 A.M.
Memorial
Adjournment |
There being no
further business to come before the Council, the meeting was adjourned at
12:13 a.m. in memory of Beatrice Brownstein and to Tuesday, November 7,
2006 at 5:00 p.m. in the City Council Chamber, 275 East Olive Avenue, for
an Assembly Bill 1234 Ethics Training Study Session.
Margarita Campos,
CMC
City
Clerk
|
