On February 21, 2006, the Council considered a Restrictive Covenant and Density Bonus Agreement with Cheyenne Mission Trust for a thirty-five (35) unit apartment building project located at 1241, 1245, 1301, and 1305 North Hollywood Way, which was approved by the Community Development Director as Development Review No. 2005-67.  After considerable discussion, the Council continued this matter and requested an outside legal opinion regarding the City�s obligation, if any, to approve the proposed Density Bonus Agreement.  Pursuant to the Council�s request, the City Attorney�s Office solicited a legal opinion from the law firm of Luce, Forward, Hamilton & Scripps, LLP.  The firm provided its opinion on this matter.

This item includes a request for a budget amendment to pay for the cost of obtaining the legal opinions concerning the City�s obligations under the State Density Bonus Law.  A resolution amending the budget is attached for Council consideration.

Correspondence from attorneys to their clients is normally confidential unless the confidentiality is waived by the client.  Thus, the confidentiality of the Luce, Forward, Hamilton & Scripps legal opinion may only be waived by an affirmative vote of the Council.  A resolution waiving this confidentiality is attached for Council consideration.

Additionally, the Council should resume its deliberation of the Restrictive Covenant and Density Bonus Agreement.  Therefore, the staff report for February 21, 2006, Restrictive Covenant and Density Bonus Agreement, and Council Resolution are attached for your consideration. 

Recommended Actions:

Consider resolution entitled: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006  ANNUAL BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $20,000.00 TO FUND OUTSIDE LEGAL COUNSEL TO REVIEW OBLIGATIONS UNDER STATE DENSITY BONUS LAW AND FOR DENSITY BONUS ORDINANCE REVIEW.

Consider resolution entitled: A Resolution of the Council of the City of Burbank Waiving Confidentiality of Legal Opinion Concerning Obligations UNDER THE STATE Density Bonus Law.

Consider resolution entitled: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE RESTRICTIVE COVENANT AND DENSITY BONUS AGREEMENT BETWEEN THE  CITY OF BURBANK AND CHEYENNE MISSION TRUST FOR THE PROPERTIES LOCATED AT 1241, 1245, 1301 AND 1305 NORTH HOLLYWOOD WAY.    

Attachment:

February 21, 2006 Staff Report

Restrictive Covenant and Density Bonus Agreement

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