|
Present-
|
Council Members
Golonski, Gordon and Vander Borght. |
|
Absent - - - - |
Council Members
Campbell and 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.
|
|
5:08 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:
|
|
|
Pursuant to
Govt. Code �54956.9(a)
Name of Case:
In the Matter of the Application of the Burbank-Glendale-Pasadena Airport
Authority.
Case No.:
OAH No. L2001-110412
Brief description and nature of case:
Application of Burbank-Glendale-Pasadena Airport Authority made to
Department of Transportation, State of California for Noise Variance.
|
|
|
Pursuant to
Govt. Code �54956.9(a)
Name of Case:
City of Burbank v. City of Los Angeles; and, City Council of the City of
Los Angeles.
Case No.:
BS106498
Brief description and nature of case:
Glendale-Burbank Interceptor Sewer (GBIS).
|
|
|
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 6:31 p.m.
by Mr. Campbell, Mayor.
|
|
Invocation
|
The invocation
was given by Reverand Ross Purdy, First Presbyterian Church.
|
|
Flag Salute
ROLL CALL |
The pledge of
allegiance to the flag was led by Tim Castillo.
|
|
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
Arbor Day
Proclamation
|
Mayor Campbell
presented a Proclamation in recognition of Arbor Day to Shelley Davies
and Linda Silvas, representing the Civic Pride Committee.
|
|
301-1
International
Women�s Day and Zonta Rose Day
|
Mayor Campbell
presented a Proclamation in honor of International Women�s Day and Zonta
Rose Day to Jennifer Wyatt, President of the Zonta Club of Burbank.
|
|
301-1
Burbank National
Management Association
35th
Anniv.
|
Mayor Campbell
presented a Certificate of Recognition to Betsy Dolan, President of the
Burbank National Management Association, upon the recognition of their
35th Anniversary.
|
|
301-1
Annual Student
Design Competition
|
Mrs. Georgino,
Community Development Director, briefly described the Student Design
Competition and commended the panel of judges which included: Tom Smith,
Vice President West Coast Real Estate Group, NBC Universal; Rasa Bauza,
Project Manager, Warner Bros.; and, Council Member Vander Borght. Ms.
Wilson, Administrative Assistant, explained the categories and the judging
criteria for the competition. Mayor Campbell presented awards to the
following students: Min Young Lee; Bryan Lee; Oscar Galvan; Alexander
Linder; Anesa Panusian; Erik Patrick Mahoney; Alex Ramirez; and, Heesoo
Kim. Honorable Mention awardees were Tom Nguyen, Brianna Esquivel,
Lilyana Morejon and Lafayette Blackmon; Most Creative category awardees
were Brandon Anderson and Tim Castillo; and, Best Overall awardee was Vahe
Haroutounian. Awards were also presented to the advisors; Dena Williams,
John Burroughs High School and Irene Harley, Burbank High School, and to
the judges.
|
|
Reporting on
Council Liaison
Committees
|
Mayor Campbell
congratulated Fire Chief Pansini for receiving the Citizen of the Year
Award from the Burbank Temporary Aid Center. He also announced that as
Mayor, he signed a pledge to stop illegal gun trafficking. He stated that
the pledge has a statement of principles that elevates the level of
punishment of individuals who traffic firearms illegally.
|
|
406
Airport
Authority Report
|
Commissioner
Lombardo reported on the Airport Authority meetings of February 5 and 20,
2007 and March 5, 2007. He stated that at the February 5, 2007 meeting,
the Authority received a status update on major capital projects and the
2007 budget update. He added that at the February 20, 2007, the Authority
awarded a Residential Acoustical Treatment Program contract for 28
single-family residences and one owner-occupied duplex property; and,
awarded a Professional Services Agreement for Common User Terminal
Equipment Systems. He also reported that at the March 5, 2007 meeting,
the Authority approved the Authority Investment Policy and a contingency
adjustment for the Parking Lot A Phase II site improvements.
|
|
6:48 P.M.
1211
Public Hearing
Weed Abatement
|
Mayor Campbell
stated that �this is the time and place for the hearing on the
confirmation of itemized written reports of the Agricultural
Commissioner/Director of Weights and Measures for the County of Los
Angeles regarding the abatement of nuisances by removal of weeds, rubbish,
refuse and dirt from certain real property pursuant to Resolution No.
27,420 of this Council.�
|
|
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 there were no objections to the report
filed in the City Clerk�s Office.
|
|
7:12 P.M.
Hearing
Closed
|
There being no
response to the Mayor�s invitation for objections to the report, the
hearing was declared closed.
|
|
Motion |
It was moved by
Mr. Vander Borght, seconded by Mrs. Ramos that "the following resolution
be passed and adopted.�
|
|
1211
Weed Abatement
|
RESOLUTION NO.
27,424:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK ORDERING THE ABATEMENT OF NUISANCES IN
THE CITY OF BURBANK, AS CONTEMPLATED BY COUNCIL RESOLUTION NO. 27,420.
|
|
Adopted |
The resolution
was adopted by the following vote:
Ayes: Council Members Golonski,
Gordon, Vander Borght, Ramos 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. He stated that Mr. Campbell recused himself from
discussions regarding the Glendale-Burbank Interceptor Sewer Project and
that Mrs. Ramos was unable to attend 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: Whit Prouty, making various comments on the Primary
Nominating Election; Gary Garrison, on the Joslyn Adult Center karaoke
program; Elementary school students � Karla Lopes, Hunter Chaney, Nicholas
Coanette, Joseph Leone and Michael Kim, on their class project on the
importance of assisting seniors; Don Elsmore, commending the Council for
the rejection of the Whole Foods Market project; Gary Bric, reporting on
the February 2007 meeting of the Traffic and Transportation Committee;
Molly Hyman, in support of the removal of Airport Commissioner Brown;
Robert Phipps, on secondhand smoke issues and in support of smoking
regulations; Anna May Nelson, announcing a video presentation by Burbank
Neighbors for Peace and Justice; Esther Espinoza, on traffic issues; Eden
Rosen, on encroachment on public rights-of-way; Elizabeth Montgomery,
requesting status of the Glendale-Burbank Interceptor Sewer lawsuit; and,
Detective Michael Pavelka and Lieutenant Pat Lynch, urging the removal of
Airport Commissioner Brown.
|
|
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 on the consideration of the removal of Airport Commissioner Brown
were: Eugene Taylor; Esther Espinoza; James Schad; Mark Barton; Michael
Parrinello, President of the Burbank Police Officers Association; Molly
Hyman; Officer Chris Canales; Detective Ron Cervenka; Michael Marcosa;
Christine McGrath; Lieutenaunt Lynch; Mike Nolan; and, David Piroli.
Also appearing
to comment were: Stan Hyman, on a Burbank Housing Corporation property
transaction; Charlie Lombardo, clarifying an issue addressed by a speaker
on helicopters at the Airport; and, Bob Olson, on the City Treasurer�s
Investment Policy, and in support of an appointed City Treasurer and the
requirement for a majority vote on budget items.
|
|
Staff
Response |
Members of
the Council and staff responded to questions raised.
|
|
Item Taken
Out of Order
|
Mr.
Golonski requested that Item No. 10 regarding �Continuation of Service of
Airport Commissioner� be taken out of order. The Council concurred.
|
|
406
Consideration of
continued service as Airport Commissioner-Don Brown |
Mr.
Barlow, City Attorney, reported that at the February 13, 2007 meeting,
Council Member Ramos requested the Council discuss the continued service
of Airport Authority Commissioner Don Brown. He stated that pursuant to
the Council�s policy, this is the first step of a two-step process to
determine if there is majority interest in considering this matter at a
subsequent Council meeting.
Mrs.
Ramos thanked the speakers and all those who have contacted her in regards
to this matter. She noted that she has read the entire 72-page court
transcript and that after reading the Burbank Leader article which
describes Judge Walter�s comments that Commissioner Brown provided
�glowing recommendations� about Scott Schafer and reading the response
letter from Commisiner Brown, she continues to have very serious
reservations about his ability to make good judgment. She acknowledged
the issue of free speech but noted that as elected and appointed
governmental officials, the responsibility in the choice of words is very
powerful. She urged her colleagues to support the removal of Commissioner
Brown and expressed her preference that he resign.
Mr.
Golonski acknowledged the reasons as to why the Police Department and
members of the Pavelka family were upset but noted the fact that members
of boards and commissions have a right to express their opinions, whether
the Council agrees with them or not. He also stated that he read the
entire 72-page court transcript but does not know the exact statements
made by Commissioner Brown and would not support his removal.
Mr. Vander
Borght stated that just because the Council does not like a position taken
by individuals does not grant them the right to have the individuals
removed from service. He also stated that he read the entire court
transcript in which the the judge not only considered Commisioner Brown�s
comments but also many other reasons. He stated that he did not feel it
was appropriate to consider removing Mr. Brown from his position for this
reason, as painful as it was.
Dr. Gordon
inquired as to the status of the Pre-Sentencing Report request. He stated
that he read the court transcript as well and has listened to the
comments, but had reservations proceeding without knowing the facts.
Mr.
Campbell noted that there are a lot of unanswered questions such as how
the Probation Officer was directed to Commissioner Brown, how the
questions were posed, how the issue of charitable donations came up, the
Commissioner�s affiliation and/or communication with Mr. Schafer�s
attorney and noted the lack of the Pre-Sentencing Report and some
inconsistencies between Commissioner Brown�s response letter and the Court
transcript. He expressed his preference for Commissioner Brown�s presence
to set the record straight.
|
|
Motion
|
It was
moved by Mrs. Ramos, seconded by Mr. Campbell and carried that �if the
United States Attorney�s Office receives no response for their request for
the Pre-sentencing Report, the City Attorney�s Office make a request to
the Court to release a portion of the Pre-sentencing Report that
specifically speaks to the comments given to the Probation Officer by
Retired Lieutenant Don Brown.�
|
|
Motion
Carries
|
It was
moved by Mr. Golonski, seconded by Dr. Gordon and carried with Mrs. Ramos
voting no that �the report be noted and filed.�
|
|
Item Taken
Out of Order
|
Mr.
Campbell requested that Item No. 11 regarding �Review of the City�s
Financial Status as of December 31, 2006 and Approval of Mid-Year
Adjustments to the Fiscal Year 2006-07 Budget Including Prepayment of the
City�s Other Post Employment Benefits Liability� be taken out of order.
The Council concurred.
|
|
801-2
Mid Year
Adjustments and Five-Year Financial Forecast |
Mr.
Torrez, Financial Services Director, presented the mid-year budget
report. He stated that through December 2006, General Fund revenues are
performing better than the adopted budget and noted that most of the
projected increases are attributable to the Transient Occupancy Tax and
contributions from other funds such as the Gas Tax fund. He highlighted
the major revenue categories of Sales Tax, Property Tax, Utility Users
Tax, Transient Occupancy Tax and Transient Parking Tax. He reported that
with the revised recurring balance estimated at $482,628 and the
non-recurring balance estimated at $2,139,662, the total available fund
balance on June 30, 2007 would be $2,622,290. He also highlighted the
available one-time resources and the mid-year appropriation requests for
the General Fund and other non-General Funds.
With
regard to the Five Year Financial Forecast, Mr. Torrez reported that a
budgetary gap is still projected for Fiscal Year 2010-11 although it has
significantly reduced from $6 million to $2 million. He then noted that
the budget parameters for Fiscal Year 2007-08 included: no departmental
reductions; no new positions or upgrades unless offset and/or result in
significant benefit; no allowable increases in Miscellaneous, Suplies and
Services accounts with any exceptions having to be beyond the department�s
control; and, no new requests for capital outlay unless approved by the
Executive Team. He also stated that staff is proposing rate increases to
water, sewer and refuse rates, and noted that as a result of a recent
Court decision, water, sewer and refuse rate increases must be approved by
the affected rate payers at a public hearing with the rate payers noticed
no less than 45 days prior to the hearing date. He stated that the
hearing is being scheduled to coincide with the annual budget hearing and
stated that the fee increases will not affect the Lifeline customers.
|
|
Motion |
It was moved by
Mr. Golonski and seconded by Mr. Vander Borght that "the following
resolution be passed and adopted.�
|
|
801-2
Mid Year
Adjustments and Five-Year Financial Forecast
|
RESOLUTION NO. 27,430:
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING THE BUDGET OF FISCAL YEAR
2006-2007 FOR THE PURPOSE OF MID-YEAR ADJUSTMENTS.
|
|
Adopted |
The resolution
was adopted by the following vote:
Ayes: Council Members Golonski,
Gordon, Vander Borght,
Ramos and Campbell.
Noes:
Council Members None.
Absent:
Council Members None.
|
|
Motion
Carries
|
It was
moved by Mr. Golonski, seconded by Mr. Vander Borght and carried with Dr.
Gordon voting no �to appropriate $250,000 to the Youth Services Holding
Account and $250,000 to the transportation holding account for the
purchase of a clean air bus.�
|
|
9:49 P.M.
Mr. Campbell
Left the Meeting
|
Mr.
Campbell left the Chamber at this time.
|
|
9:50 P.M.
802-1
Joint Mtg with
Agency, Hsg,
Prkg and YES
2006 Qtr End Rep
and 2007 Investment Policy
|
Ms.
Anderson, City Treasurer, presented the December 2006 Quarter End
Investment Report and 2007 Investment Policy for the Investment Pool
comprised of the City, Redevelopment Agency, Parking Authority, Youth
Endowment Services Fund Board and separately for the Housing Authority for
approval. She elaborated on the following recommended changes: the
Investment Philosophy to incorporate new language revised by the State of
California; increase in the monthly liquidity from $61 million to $69
million and increase in the maximum allowed to invest between five to
ten-year maturities from $10 million to five percent of the portfolio;
percentage of the pool that may be invested in commercial paper issued by
any one corporation was decreased from 10 percent to two percent; rating
to be by a nationally-recognized rating service; a decrease from 10
percent to five percent the amount of the pool that may be invested in
notes issued by one corporation; adding qualified regional dealers to the
language for clarification; change to the List of Qualified Brokers from
Jason Hamblen to Countrywide Securities, and adding Joe Alan Sexton, First
Tennessee, and Don Collins, Brookstreet Securities; and, Commercial Paper
changed to 25 percent Legal Limit and the first and last lines under other
constraints. She noted that these changes are governed by the State of
California Statutes applicable to municipal investments.
|
|
Motion
Carries |
It
was moved by Mr. Golonski, seconded by Dr. Gordon and carried with Mr.
Campbell absent �to approve the December 2006 Quarter End Investment
Report and 2007 Investment Policy.�
|
|
10:21 P.M.
Recess
|
The Council
recessed to permit the Redevelopment Agency, Housing Authority, Parking
Authority and Youth Endowment Services Fund Board to continue their
meetings. The meeting reconvened at 10:24 p.m. with all members present
except Mr. Campbell.
|
|
Motion |
It was moved by
Mr. Vander Borght and seconded by Mr. Golonski that "the following items
on the consent calendar be approved as recommended.�
|
|
Minutes Approved |
The minutes for
the regular meetings of October 31, November 14, November 21, November 28,
December 5, December 12, December 19, December 26, 2006 and January 2,
2007 were approved as submitted.
|
|
1301-3
CNG Time-Fill
Station Grant Agreement |
RESOLUTION NO.
27,425:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND TO
ASSIST IN THE FUNDING OF CONSTRUCTION OF A TIME-FILL FUELING STATION.
|
|
1503
Icon West
Construction Agmt-Light Fleet Building |
RESOLUTION NO.
27,426:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE GENERAL MANAGER OF
BURBANK WATER AND POWER TO NEGOTIATE PRICE, TERMS AND CONDITIONS OF A
CONSTRUCTION AGREEMENT WITH ICON WEST, INC, FOR TENANT IMPROVEMENTS TO THE
LIGHT FLEET BUILDING IN AN AMOUNT NOT-TO-EXCEED $740,000, AND FURTHER
AUTHORIZING EXECUTION OF SAID AGREEMENT.
|
|
1301-3
Adopt a Mit.
Neg. Dec-BWP Reclam. Plant Equal. Basin Project.
|
RESOLUTION NO.
27,427:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK ADOPTING A MITIGATED NEGATIVE
DECLARATION (BURBANK WATER RECLAMATION PLANT EQUALIZATION BASIN PROJECT).
|
|
1007-1
1009-1
Title and
Classification
Comm. Tech. Aide
(CTC No, 0207)
|
RESOLUTION NO. 27,428:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE AND
CLASSIFICATION OF COMMUNICATIONS TECHNICIAN AIDE (CTC No. 0207) AND
PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.
|
|
1007-1
1009-1
Title and
Classification
EMS Nurse
Specialist (CTC No. 0318)
|
RESOLUTION NO. 27,429:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE AND
CLASSIFICATION OF EMS NURSE SPECIALIST (CTC No. 0318) AND PRESCRIBING
CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.
|
|
Adopted |
The consent
calendar was adopted by the following vote:
Ayes: Council Members Golonski,
Gordon, Vander Borght and
Ramos.
Noes:
Council Members None
Absent:
Council Member Campbell.
|
|
911
LA DWP
Water
Project
|
Mr. Forbes,
Principal Planner, Community Development Department, reported that the Los
Angeles Department of Water and Power (LADWP) is proposing to construct a
78-inch underground water supply pipeline, a portion of which would
traverse the City beneath the Whitnall Highway utility corridor. He
explained that the proposed pipeline would replace an existing underground
pipeline that is part of the domestic water system for the City of Los
Angeles and would would enter Burbank on Burbank Boulevard at the City
boundary with the City of Los Angeles, turn south at Whitnall Highway and
travel through the southwest area of Burbank along Whitnall Highway in the
existing LADWP utility easement. He added that the pipeline would exit
Burbank south of Riverside Drive and Johnny Carson Park, near Buena Vista
Street.
Mr. Forbes noted
that in January 2007, LADWP issued a Notice of Preparation and Initial
Study, which is the first step in preparing an Environmental Impact Report
(EIR). The purpose of the Notice of Preparation is to notify affected
public agencies that an EIR will be prepared and to seek input on what
issues and areas of impact should be studied in the EIR. He stated that
staff worked with the City Attorney�s office and an outside environmental
consultant with expertise in geology to prepare a comment letter to ensure
that all potential areas of impact are adequately studied in the EIR.
Mr. Forbes
informed the Council that once the Draft EIR has been prepared and
released for public comment, the City and any interested Burbank residents
or other parties will have an opportunity to submit comments regarding the
quality of the environmental analysis and the alternatives studied. He
anticipated that the Draft EIR will be released in April 2007 for a
minimum of a 45-day comment period, during which time any interested
person may submit comments on the document.
Mr. Forbes
stated that at this time, there is no further action for the City to take
until the Draft EIR is released, at which time staff will review the
document and prepare a comment letter. He added that staff will closely
monitor the status of this project to ensure that the Council and Burbank
residents are aware of the opportunity to review the Draft EIR and provide
comments. He recommended the Council note and file the report.
The Council
noted and filed the report.
|
|
10:36 P.M.
Reconvene
Agency
Meeting
|
The
Redevelopment Agency, Housing Authority, Parking Authority and Youth
Endowment Services Fund Board meetings were reconvened at this time for
public comment. |
|
Final Open
Public Comment
Period of Oral
Communications
|
Vice Mayor Ramos
called for speakers for the final open public comment period of oral
communications at this time.
|
|
Citizen
Comment |
Appearing to
comment were: Mark Barton and LaVerne Thomas, on the removal of
Commissioner Brown; and, David Piroli, clarifying on comments made by a
previous speaker on smoking outside City Hall.
|
|
Staff
Response |
Members of the
Council and staff responded to questions raised.
|
|
10:42 P.M.
Adjournment |
There being no
further business to come before the Council, the meeting was adjourned at
10:42 p.m.
Margarita
Campos, CMC
City
Clerk
|
|
 APPROVED
OCTOBER 9, 2007
Mayor of
the Council
of the City
of Burbank |
