|
Present-
|
Council Members
Golonski, Gordon, Vander Borght and Campbell. |
|
Absent - - - - |
Council Member
Ramos. |
|
Also Present - |
Ms. Alvord, City
Manager; Mr. Barlow, City Attorney; and, Mrs. Campos, City Clerk.
|
|
Oral
Communications |
There was no
response to the Mayor�s invitation for oral communications on Closed
Session matters at this time.
|
|
4:36 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:
|
|
|
Conference with Legal Counsel � Anticipated Litigation:
Pursuant to
Govt. Code �54956.9(b)(c)
Number of
potential case(s): 1
|
|
5:11 P.M.
Ethics Study
Session
|
Assembly Bill
1234 Ethics Training Study Session.
|
|
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.
|
|
5:11 P.M.
AB 1234
Ethics Training
Study Session
|
Ms. Scott, Chief
Assistant City Attorney, conducted the State-mandated Assembly Bill 1234
Ethics Training Study Session. The required curriculum for the training
was established by the Fair Political Practices Commission and the
California Attorney General. Pursuant to those requirements, the training
covers ethics laws and general ethical principals relating to public
service.
The objectives
of the training include: assisting public officials in better
understanding and being alert to the kinds of financial interests,
relationships and/or activities that may be prohibited, may require
disclosure or even disqualification; and, advising public officials of the
legal and other consequences of violating the ethics laws.
The public
service ethics laws covered include: laws relating to personal financial
gain by public officials, including bribery and conflict of interest laws;
laws relating to office-holder perks, including gift and travel
restrictions, personal and political use of public resources and
prohibitions against gifts of public funds; governmental transparency
laws, including financial disclosure requirements and open government
provisions including the Brown Act and Public Records Act; and, laws
relating to fair processes, including public contracting requirements,
bias and due process.
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular
meeting of the Council of the City of Burbank was reconvened at 6:36 p.m.
by Mr. Campbell, Mayor.
|
|
Invocation
|
The invocation
was given by Bob Kramer, Community Assistance Coordinator.
|
|
Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by
Boy Scout Troop 50.
|
|
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
World Town
Planning Day |
Mayor Campbell
presented a Proclamation in honor of World Town Planning Day to Greg
Herrmann, Chief Assistant Community Development Director/City Planner.
|
|
301-1
BTAC Month
|
Mayor Campbell
presented a proclamation in honor of Burbank Temporary Aid Center (BTAC)
Month to Barbara Howell, Executive Director. Ms. Howell presented
Certificates of Appreciation to business sponsors who assisted with the
BTAC Month activities.
|
|
301-1
Teens In Action
Emmy Award |
Mayor Campbell
acknowledged the award of a 2005 Los Angeles Area Emmy Award in the
Public, Municipal and Operator Produced Cable Category to the City�s Teens
in Action group for a show entitlted, �Violence: What�s Love Got To Do
With It?� Certificates of Recognition were presented to the following
members of the production crew: John Calderon; Ryan Cates; Fred Kaplan;
Sean Murray; Colleen Duffy-Felix; and, Vickie O�Neill.
|
|
301-1
Military
Service
|
Mayor
Campbell introduced the families of the following members of the armed
forces who are currently serving in the military and are being honored
through the City�s Military Banner Program:
Senior Airman Adam Baumgarten, United States Air Force; Airman Joseph
Paysinger, United States Air Force; Airman Richard Perez, United States
Air Force; Private First Class Aaron M. Richardson, United States Army;
Petty Officer First Class Joseph Torrance, United States Navy; and, Lance
Corporal Cheyne R.White, United States Marines.
|
|
Reporting on
Council Liaison
Committees
|
Mr. Vander
Borght reported on attending the Infrastructure and Memorial Field
Subcommittee meetings with Mrs. Ramos. He announced a Southern California
Association of Government�s meeting at the Buena Vista Library on the area
growth forecast and encouraged the public to participate. He also
reported on attending a Burbank Water and Power and Recycling Center
workshop and commended staff for the workshop�s success.
Mr. Campbell
reported on the Arroyo-Verdugo Subregion meeting.
Mrs. Ramos
reported on attending the Arroyo-Verdugo Subregion meeting, the City�s
Focus Neighborhood event and the Kids Community Dental Clinic event.
|
|
406
Airport
Authority
Meeting Report
|
Commissioner
Lombardo reported on the Airport Authority meeting of November 6, 2006.
He stated that the Authority: approved two new modules of the sound
insulation program for approximately 60 residential units; awarded a
purchase order for radio communications and consulting services in the
amount of $138,536; awarded a contract for taxi lane asphalt repairs in
the amount of $107,410; and, received a presentation on solicitation
regulation at the Los Angeles International Airport.
|
|
Reporting on
Closed Session |
Mr. Barlow
reported on the items considered by the City Council during the Closed
Session meeting. He noted that Mr. Campbell recused himself from the
Closed Session meeting.
|
|
Request to
Move Item Up
on the Agenda |
Mrs. Ramos
requested that the Item regarding the �Update on the Glendale-Burbank
Interceptor Sewer Project� be moved up on the Agenda. The Council
concurred.
|
|
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: Gary Bric, updating the Council on the September 2006
Traffic and Transportation Committee meeting, announcing an upcoming
community meeting on the Recreational Vehicle issue and commenting on a
recent police pursuit; Molly Hyman, on video streaming issues; Eden Rosen,
on separation of church and state matters; Michelle Feather, on support
for those in need; Mary Schindler, commending the Council on the letter
sent to the Los Angeles Department of Public Works with regard to the
Glendale-Burbank Interceptor Sewer (GBIS) Project; Michael Hastings,
requesting City support for the 20th Anniversary for the Run for the
Hungry fundraiser; Esther Espinoza, on the Ethics Training Study Session;
Vickie Kirschenbaum, in opposition to the Intermountain Power Project
contract renewals; Debbie Christie and Andrea Garrett, announcing the John
Burroughs High School Spirit Squad�s electronics recycling fundraising
event; Stan Hyman, on the City�s comment letter on the GBIS Project and
the Family Service Agency lease agreement terms; Theresa Karam, on the
case of Karam v. City of Burbank; Rose Prouser, on the grievance and
relocations procedures and composition of the proposed Relocation Appeals
Board; and, James Schad, requesting clarification on the Burbank Airport
Hilton agreements.
|
|
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 in support of the property lease with the Family Service Agency (FSA)
were: Anja Reinke; Reverend Ron Degges; Marissa Gehley Rosoff; Christine
Krohn; Harkmore Lee; Bethany Veltman Baker; Laurie Bleick; Shanna Warren
and Brittany Vaughan; Christine Ramos, who read a letter from Elise
Stearns-Niesen; Barbara Howell; Zita Lefebvre; Charlie Lombardo; and,
Judith Arandes.
Also appearing
to comment were: Stan Hyman, in support of the FSA lease agreement but
expressing concern with a specific term of the agreement and on the
Glendale-Burbank Interceptor Sewer Project; Esther Espinoza, on the
Assembly Bill 1234 ethics training; Rose Prouser, in opposition to the FSA
lease; and, David Piroli, on the grievance and relocations procedures and
expressing concerns with specific terms of the FSA lease agreement.
|
|
Staff
Response |
Members of
the Council and staff responded to questions raised.
|
|
8:55 P.M.
Mr. Campbell
Leaves the
Chamber
|
Mr. Campbell
left the meeting at this time due to a potential conflict with the
following item, noting his parents own real property in close proximity to
the project area.
|
|
911
GBIS Project
Update
|
Mr.
McDougal, Senior Assistant City Attorney, reported that the Council voted
to hire special counsel to review the City of Los Angeles� Integrated
Resources Plan (IRP) Environmental Impact Report (EIR). He noted that the
law firm of Gatzke, Dillon & Ballance, LLP prepared a comment letter which
was submitted to the City of Los Angeles prior to the November 1, 2006
Energy and Environment Committee of the Los Angeles City Council hearing
on the IRP Final EIR. He added that at that hearing, the Committee voted
unanimously to recommend certification of the Final EIR and approval of
the IRP. He informed the Council that the Los Angeles City Council�s
consideration of this matter is tentatively scheduled for Tuesday,
November 14, 2006 at 10:00 a.m. and that the City�s special counsel was
prepared to file one final comment letter which insists upon adequate
mitigation measures without backing off on insisting that the Final EIR be
made legally adequate. He stated that Mr. Mark Dillon and Rachel Cook,
Associate, were available to answer any questions.
Dr.
Gordon inquired as to the possibility of a change in the Hybrid
alignment. Mr. Dillon responded that the letter to be submitted prior to
November 14, 2006 will include a mitigation measure request to maintain
the alignment in its current configuration and that any deviation be
subject to the public review process.
Mrs. Ramos
requested that the mitigation requests include a notification process to
area residents of street closures, time frame and the hours of
construction.
The Council
commended the special counsel for their diligent work on the matter.
|
|
9:06
Mr. Campbell
returns |
Mr.
Campbell returned to the meeting at this time.
|
|
9:08 P.M.
1207
RA 80
RA 42
Joint Meeting
with the Redev Agency
Real Property
Lease � 2721 W. Burbank Blvd.
|
Ms.
Davidson-Guerra, Assistant Community Development Director/Housing and
Redevelopment, presented the proposed lease agreement between the City and
the Family Service Agency (FSA) for the property located at 2721 West
Burbank Boulevard, and requested Council and Redevelopment Agency (Agency)
Board approval of necessary budget amendments and a related cooperation
agreement. She stated that in May 2006, the Council approved the
acquisition of real property located at 2721 West Burbank Boulevard in an
effort to assist the FSA secure a permanent facility. She noted that this
decision was consistent with the Council�s historical commitment and
support of the non-profit service providers in Burbank. She added that
the FSA was established in 1953 to strengthen families in the Burbank
community by providing low and no-cost professional, clinical and
psycho-educational services. She explained that the FSA provides myriad
community services, including: individual, couples and family counseling;
daily school-based outreach to a variety of local middle and high schools;
teen substance abuse and anger management programs; family violence
intervention programs; child abusers treatment programs; parenting and
senior peer support programs; and, community outreach services.
Ms.
Davidson-Guerra highlighted the following main points of the negotiated
lease: the term of lease will be ten years with two ten-year options to
extend, for a possible total term of 30 years; the lease rate will be
$1,000 per month, with a waiver of rent for the first three years; in
exchange for discounted rent, the FSA will provide annual goals and
performance measurements for youth, families and seniors� outreach and
service; should the lease options be exercised, the rent will be adjusted
per the Consumer Price Index at years 10,15, 20, 25 and 30; the FSA will
fund all tenant improvements including interior Americans with
Disabilities Act (ADA) requirements; the FSA will be responsible for all
routine maintenance and upkeep; the City will fund and/or install an
elevator for required ADA access and will ensure ADA compliance on the
front and/or rear entrances to the building shell; the option for the FSA
to purchase the property within the first ten years of the lease for $2.05
million, the price the City paid for the property, $1.95 million plus the
anticipated cost of initial major systems improvements, estimated at
$100,000; in the event the FSA exercises its option to purchase the
property, the City will retain a variable percentage of the property�s
equity; in the event the FSA exercises its option to purchase the
property, a use restriction will be recorded with the grant deed,
providing a 55-year restriction of use consistent with the FSA�s mission;
and, during the term of the lease, the City will be responsible for all
major systems repairs or replacements. She recommended funding the
anticipated cost of initial major systems improvements of $100,000 by the
City utilizing debt reimbursement funds from the Agency.
Ms.
Davidson-Guerra summarized that the proposed lease agreement has been
structured in such a way as to protect the City�s investment, yet allow
sufficient flexibility for the FSA to operate and strengthen the
community.
|
|
Motion |
Following
Council deliberation, it was moved by Mrs. Ramos and seconded by Mr.
Vander Borght that �the following resolutions be passed and adopted:�
|
|
1207
RA 80
RA 42
Real Property
Lease � 2721 W. Burbank Blvd.-Adopting
Cooperation
Agreement/Amending FY 2006-07 Budget
|
RESOLUTION NO. 27,348
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2006-07 ANNUAL
BUDGET, APPROPRIATING FUNDS IN THE AMOUNT OF $100,000 AND APPROVING A
COOPERATION AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
BURBANK.
|
|
1207
RA 80
RA 42
Real Property
Lease � 2721 W. Burbank Blvd. � Lease Agmt.
|
RESOLUTION NO, 27,349
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING THE LEASE AGREEMENT WITH
OPTION TO PURCHASE BETWEEN THE CITY OF BURBANK AND FAMILY SERVICE AGENCY
OF BURBANK (2721 WEST BURBANK BOULEVARD).
|
|
1207
RA 80
RA 42
Real Property
Lease � 2721 W. Burbank Blvd. � Coop Agmt.
|
Redevelopment
Agency Resolution No. R-2167 Amending the Fiscal Year 2006-07 Annual
Budget in the Amount of $100,000 and Approving a Cooperation Agreement
with the City of Burbank was adopted.
|
|
Adopted |
The resolutions
were adopted by the following vote:
Ayes: Council Members Golonski, Ramos,
Vander Borght and
Campbell.
Noes:
Council Member Gordon.
Absent:
Council Members None.
|
|
10:12 P.M.
Recess
|
The Council
recessed to permit the Redevelopment Agency, Housing Authority and Parking
Authority to hold their meetings. The meeting reconvened at 10:26 p.m.
with all members present.
|
|
Motion |
It was moved by
Mr. Golonski and seconded by Dr. Gordon that "the following items on the
consent calendar be approved as recommended.�
|
|
Minutes
Approved
|
The minutes for
the regular meetings of August 22, August 29, and September 5, 2006 were
approved as submitted, and September 12, 2006 as amended.
|
|
1102-2
Adopt. Grievance
Procedures
|
RESOLUTION NO. 27,350:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK ADOPTING GRIEVANCE PROCEDURES RELATING
TO RELOCATION CLAIMS.
|
|
204
PSA with
Martin and
Chapman Co. |
RESOLUTION NO. 27,351:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF BURBANK AND MARTIN & CHAPMAN COMPANY.
|
|
1301-3
Bid Sch. No.
1197 � Under Ground Tank Retrofit Project
|
RESOLUTION NO. 27,352:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING CHANGE ORDER NO. 2 IN THE
AMOUNT OF $134,007.88 FOR THE PUBLIC WORKS UNDERGROUND TANK RETROFIT
PROJECT, BID SCHEDULE NO. 1197 AND APPROVING THE PROJECT AS MODIFIED.
|
|
1204-1
Final Map No.
62829
233 E. Elmwood |
RESOLUTION NO. 27,353:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF TRACT NO. 62829
(233 EAST ELMWOOD AVENUE).
|
|
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.
|
|
204
804-5
TOT Ballot
Measure |
Mr. Torrez,
Financial Services Director, requested the Council introduce and adopt an
ordinance that would place a measure on the April 2007 General Election
Ballot requesting voter approval to allow the Council to increase the
City�s Transient Occupancy Tax (TOT) from 10 percent up to a maximum of 12
percent.
|
|
Ordinance
Introduced
|
It was moved by
Mr. Golonski and seconded by Mr. Vander Borght that �the following
ordinance be introduced and adopted.�
|
|
204-2
204-3
Ordinance
ordering the 2007 Municipal Elections |
ORDINANCE NO. 3709:
AN ORDINANCE OF
THE COUNCIL OF THE CITY OF BURBANK ORDERING A SPECIAL ELECTION TO BE HELD
IN CONJUNCTION WITH THE GENERAL MUNICIPAL ELECTION ON APRIL 10, 2007, FOR
THE PURPOSE OF SUBMITTING A BALLOT QUESTION TO THE VOTERS REGARDING AN
INCREASE TO THE TRANSIENT OCCUPANCY TAX.
|
|
Ordinance
Adopted |
The ordinance
was introduced and adopted by the following vote:
Ayes: Council Members Golonski, Ramos,
Vander Borght and
Campbell.
Noes:
Council Member Gordon.
Absent:
Council Members None.
|
|
1503
1504
Monthly Water
and Power Operating
Report
|
Mr. Davis,
General Manager, Burbank Water and Power, presented the monthly Water and
Power Operating Report for the month of September 2006.
The Council
noted and filed the report.
|
|
AB 1234
Ethics Training
Study Session
|
There was
no Council direction or discussion with regard to the Assembly Bill 1234
Ethics Training Study Session.
|
|
10:44 P.M.
Reconvene
Agency,
Housing and
Parking Meetings
|
The
Redevelopment Agency, Housing Authority and Parking Authority meetings
were reconvened at this time for public comment. |
|
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.
|
|
10:46 P.M.
Adjournment |
There being no
further business to come before the Council, the meeting was adjourned at
10:46 p.m.
Margarita Campos,
CMC
City
Clerk
|
