Present- |
Council Members Ramos, Vander Borght and Campbell. |
Absent - - - - |
Council Members Golonski and Gordon. |
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.
|
5:34 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)(1)
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
6:33 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 Claudette Banares.
|
Present- |
Council Members Golonski, Gordon, Vander Borght, Ramos and Campbell.
|
Absent - - - - |
Council Members None. |
Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
|
301-1
African American Month Proclamation
|
Mayor Campbell presented a proclamation in honor of African American
History Month to Stacey Milner and Ted Milner, a member of the Burbank
Civil Service Board.
|
301-1
Children�s Dental Health Month |
Mayor Campbell presented a proclamation in honor of Children�s Dental
Health Month to Louanna Fonnegra.
|
Reporting on
Council Liaison
Committees
|
Mrs. Ramos reported on attending the San Fernando Valley Service Sector
Council of the Metropolitan Transportation Authority.
Dr. Gordon reported on attending the Treasurer�s Subcommittee meeting with
Mr. Golonski.
|
6:48 P.M.
1704-5
602
Public Hearing
Project No.
2006-059
347 North Ontario Street.
|
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. 2006-059,
Variance and Second Dwelling Unit, a request by Mr. Vincent Yaniello. The
project was denied by the Planning Board on September 11, 2006.�
|
Meeting
Disclosures
|
Mrs. Ramos reported on meeting with Mr. Yaniello.
Mr. Campbell stated he had a brief e-mail exchange 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 the City Clerk�s Office
received a letter from the applicant and three e-mails in opposition to
the project.
|
Staff Report
|
Ms. Yelton, Assistant Planner, Community Development Department, requested
the Council consider an appeal of the Planning Board�s decision to deny
Project No. 2006-059, Variance and Second Dwelling Unit (SDU). She
explained that the applicant requested to construct a 500-square foot SDU
without the required additional parking space. She noted that the appeal
was submitted by Mr. Vincent Yaniello who resides at the subject property,
stating that the proposed project meets all requirements for SDUs except
for the additional parking space, and that the findings can be made for
the approval of a Variance. She informed the Council that the property is
located at 347 North Ontario Street
in the R-1 Single-Family Residential Zone, with an existing garage
constructed approximately six feet from the existing home which does not
allow room for a car to maneuver between the building and into the rear
yard. She noted that the applicant states that he utilizes the existing
garage for his vehicle and that the proposed SDU will be for his son who
will also utilize the garage. She reported that the Planning Board denied
the project because the applicant could not meet the parking requirement
for an SDU and two of the four findings required for a Variance could not
be made. She also noted that three of the four members of the public who
spoke at the Planning Board hearing were also opposed to the project,
stating there is another illegal SDU near the subject site and that
parking is already an issue on the street. She added that the individual
who spoke in favor of the project stated that parking is not an issue at
any time of the day.
Ms. Yelton informed the Council that in appealing the Planning Board�s
decision, Mr. Yaniello states that there are no alternatives for
constructing an SDU without a parking Variance, parking is not an issue on
the street, the proposed SDU will have no detrimental impacts on the
aesthetics of the neighborhood and he does not have control over the other
illegal SDU within 300 feet of his property. She noted staff�s assessment
that two of the required four findings cannot be made and recommended the
Council deny the appeal and uphold the Planning Board�s decision to deny
the project.
|
Applicant
|
Mr. Yaniello, applicant, requested the Council�s consideration of his
Variance and stated that contrary to staff�s assessment, special
circumstances exist by the fact that the property is only 45 feet wide,
making it virtually impossible to drive a car to the back yard for
additional parking. He noted the need for SDUs for children and elderly
parents, and urged the Council to consider those who will benefit in such
homes.
|
Citizen
Comment
|
Appearing to comment in support of the project were: Alan Horwitz; Ellie
Kahn; Kevin McKenna; Morton Steinman; and, Esther Espinoza. Commenting in
opposition were David Heidenreich and Robin Wright. Also, Mark Barton
commented on public comments made.
|
7:31 P.M.
Hearing
Closed
|
There being no further response to the Mayor�s invitation for oral
comment, the hearing was declared closed.
|
Council Deliberations
|
Mr. Golonski, Dr. Gordon and Mr. Campbell stated they could not make the
required findings.
Mr. Vander Borght stated that the 45-foot width of the lot could be
considered extraordinary for the Variance but noted the challenge in
making the findings. He also requested staff to provide a report on the
other illegal SDUs.
Mrs. Ramos requested clarification on the prevalence of 45-foot width lots
in the neighborhood. Staff indicated that most of the lots on the street
were 45 feet as well, with some that are 50 feet.
|
Motion |
It was moved by Mr. Golonski seconded by Dr. Gordon that �the following
resolution be passed and adopted.�
|
1704-5
602
Project No.
2006-059
347 North Ontario Street.
|
RESOLUTION NO. 27,418:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK UPDHOLDING THE PLANNING
BOARD'S DECISION AND DENYING PROJECT NO. 2006-059, A VARIANCE AND SECOND
DWELLING UNIT (347 NORTH ONTARIO STREET).
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council
Members Golonski, Gordon, Ramos, Vander
Borght
and Campbell.
Noes: Council Members None.
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: Gael McGregor-Walsh, on the Whole Foods
Project; Robert Phipps, in opposition to married couples serving on the
City Council; David Ferialdi, Claudette Banares and Ella Shahjahanian,
representing Providence High School, in support of the Close-Up Program;
Rose Prouser, on Airport issues; Gary Garrison, on the Karaoke program at
Joslyn Adult Center; Mark Barton, on speakers thanking the Council for
speaking and in support of married couples serving on the City Council;
Haydee Cortes and Veronica Menchaca, representing John Burroughs High
School, in support of the Close-Up Program; Esther Espinoza, in support of
two City Council candidates; Don Elsmore, on Airport issues; Eden Rosen,
on affordable housing; Teresa Blanco, requesting waiver of City permit fee
to conduct a health fair at Vallarta Market; Brett Loutensock, in
opposition to married couples serving on the City Council; Fred Prouser,
on the Mayor�s announcement about unsolicited e-mails; and, David Piroli,
on Airport issues and on married couples serving on the City Council.
|
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 was: Rose Prouser, on the Community Development Block
Grant capital projects and in support of the renovations at the Tuttle
Senior Center.
|
Staff
Response |
Members of the Council
and staff responded to questions raised.
|
Item Removed From Consent
|
Mr. Golonski requested that the item regarding �Contribution to Burbank,
Burroughs And Providence High School Students for the Annual Close-Up
Program� be removed from the consent calendar for purposes of discussion.
The Council concurred.
|
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.�
|
1204-1
Final Tract Map 62116 (355
N. Maple Ave.).
|
RESOLUTION NO. 27,419:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF
TRACT NO. 62116 (355 NORTH MAPLE AVENUE).
|
1211
Decl. of Intent
for Weed Abatement |
RESOLUTION NO. 27,420:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING THAT WEEDS
GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON
AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC
NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT
THEREOF.
|
1011-2
1011-6
Defined Contribution Plan And Trust 401(A)
For BFF and
BFF-COU |
RESOLUTION NO. 27,421:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING THE MODEL
GOVERNMENTAL DEFINED CONTRIBUTION PLAN AND TRUST (401(a) PLAN) AND
APPROVING THE ADOPTION AGREEMENT AND ADMINISTRATIVE AGREEMENT BETWEEN THE
CITY OF BURBANK AND NATIONWIDE RETIREMENT SOLUTIONS, INC. TO ESTABLISH A
401(a) PLAN FOR THE BURBANK FIRE FIGHTERS (BFF) AND BURBANK FIRE FIGHTERS
� CHIEF OFFICERS (BFF � COU) UNIT LOCAL NO. 778.
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council
Members Golonski, Gordon, Vander Borght,
Ramos
and Campbell.
Noes: Council Members None.
Absent: Council Members None.
|
412
Annual
Close-Up Program |
A report was received from the City Manager�s Office requesting Council
approval of a request from
Burbank,
Burroughs and
Providence
High Schools
to contribute $20,000 to aid
Burbank resident students with the cost of the annual Close-Up Program.
The report indicated that the the Close-Up Program is an educational
experience designed to acquaint high school students with the operation of
the three branches of the Federal government.
Staff reported that this year, Burbank High School expects to send nine
students to the Close-Up Program; Burroughs High School expects to send 18
students; Providence High School sent 14 students; and, Bellarmine-Jefferson
High School planned to send 14 students on a New York City excursion which
will include visits to the Statue of Liberty, Ellis Island, Times Square,
the United Nations Building and Ground Zero, Fordham University and New
York University. Staff stated that although this will be an exciting
opportunity for Bellarmine-Jefferson students, staff feels that this type
of excursion does not qualify for partial funding through the City�s
Close-Up Program Account. Funds in this account are specifically geared
to assist
Burbank
resident students with the cost of attending the Close-Up Program; a
nonprofit, nonpartisan foundation that has provided a �close up�
experience of government to over 600,000 students since 1971. Staff
indicated that the administration at Bellarmine-Jefferson accepted this
determination.
Mr. Golonski stated that he was supportive of the Close-Up Program but
noted that the amount contributed to each student varies each year
depending on the number of participants. He suggested a $500 subsidy and
any left over funds could be rolled over to the next year with a $20,000
cap. The Council concurred.
|
Motion
|
It was moved by Mr. Golonski, seconded by Dr. Gordon and carried to
�approve a contribution totaling $20,000 to eligible students from
Burbank, Burroughs and Providence High Schools to partially offset the
cost of the Close-Up Program and that a $500 contribution cap per student
be implemented provided the funding allocation allows, and any remaining
funds be rolled over to the following fiscal year in the Annual Close Up
account.�
|
804-3
CDBG
FY 2007-08 Annual Plan and Final Statement of Community Development
Objectives and Projected Use
of Funds. |
Mr. Yoshinaga, Grants Coordinator, Community Development Department,
requested the Council approve capital project uses funded with Community
Development Block Grants (CDBG) and include them in the Fiscal Year (FY)
2007-08 Annual Plan and Final Statement of Community Development
Objectives and Projected Use of Funds. He stated that Burbank submits an
Annual Plan and applications for Federal funds, including CDBG, pursuant
to regulations covering 24 Code of Federal Regulations Part 91,
Consolidated Submissions for Community Planning and Development Programs.
The Annual Plan and the Final Statement describe activities/projects
planned to accomplish goals and objectives stated in the Consolidated Plan
(FY 2003-08).
Mr. Yoshinaga explained that
Burbank�s
CDBG entitlement allocation for FY 2007-08 is estimated at $1.36 million
based on the City�s entitlement, United States Department of Housing and
Urban Development (HUD) reallocated funds and program income for 2006. He
noted that when the Annual Plan and Final Statement are approved by the
Council in April 2007, capital project approvals will be adjusted to
coincide with the actual 2007 entitlement and any HUD-reallocated funds.
He added that currently, CDBG capital project funds are estimated at
$881,875. He reported that likewise, program administration and public
services funding will be adjusted in April and will be appropriated at the
statutory limits of 20 percent and 15 percent, respectively.
Mr. Yoshinaga added that the Annual Plan and Final Statement are scheduled
for formal submission in May 2007. He noted that capital project requests
are accepted earlier for City approval to allow sufficient lead time to
complete pre-development tasks such as project design, preparation of
specifications and bid scheduling. He stated that this advanced
implementation process permits projects to go forward immediately when
Federal applications are approved by HUD and enables the City to spend
CDBG funds in a timely manner to meet HUD expenditure requirements.
Mr. Yoshinaga reported that the Community Development Goals Committee met
on
November 16, 2006,
and the Executive Staff met on December 6, 2006
to make their capital project recommendations. He noted that both
Committees agree on the projects to be funded.
|
Motion |
It was moved by Mrs. Ramos, seconded by Mr. Golonski that �the following
resolution be passed and adopted.�
|
804-3
CDBG
FY 2007-08 Annual Plan and Final Statement
|
RESOLUTION NO. 27,422:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING CAPITAL
PROJECT USES TO BE FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
FISCAL YEAR 2007-08 AND AUTHORIZING THEIR INCLUSION IN THE ANNUAL PLAN AND
FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USES OF
FUNDS.
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council
Members Golonski, Gordon, Ramos, Vander
Borght
and Campbell.
Noes: Council Members None.
Absent: Council Members None.
|
1503
1504
Water and Power
Operating
Report
|
Mr. Davis, Burbank
Water and Power General Manager, provided the Monthly Water and Power
Operating Report for the month of December 2006.
The Council noted and
filed the report.
|
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 James Schad, on Council comments.
|
Staff
Response |
Members of the Council and staff responded to questions raised.
|
9:11 A.M.
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at
9:11 p.m.
Margarita
Campos, CMC
City Clerk
|