|
Present-
|
Council Members
Bric, Golonski, Reinke and Ramos. |
|
Absent - - - - |
Council Member
Gordon. |
|
Also Present - |
Ms. Alvord, City
Manager; Mr. Barlow, City Attorney; and, Mrs. Wilson, Deputy City Clerk.
|
|
Public
Comment |
There was no
response to the Mayor�s invitation for public comment on Closed Session
matters at this time.
|
|
4:34 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:
|
|
|
Anticipated
Litigation (City as possible plaintiff):
Pursuant to
Govt. Code �54956.9(c)
Number of
potential case(s): 2
|
|
|
Threat to Public Services or Facilities:
Pursuant to
Govt. Code �54957
Consultation with:
Dennis Barlow, City Attorney
|
|
Regular Meeting
Reconvened in
Council Chambers |
The regular
meeting of the Council of the City of Burbank was reconvened at 6:05 p.m.
by Mayor Ramos.
|
|
Invocation
|
The invocation
was given by Reverend Ron White, American Lutheran Church.
|
|
Flag Salute
ROLL CALL |
The pledge of
allegiance to the flag was led by Father John Collins, St. Robert
Bellarmine Catholic Church.
|
|
Present-
|
Council Members
Bric, Golonski, Gordon, Reinke and Ramos. |
|
Absent - - - - |
Council Members
None. |
|
Also Present - |
Ms. Alvord, City
Manager; Mr. Barlow, City Attorney; and, Mrs. Campos, City Clerk.
|
|
301-1
Moment of
Silence in Memory of September 11, 2001
|
Mayor Ramos
called for a Moment of Silence in memory of all who perished at the World
Trade Center in New York, the Pentagon in Washington DC and near
Shanksville, Pennyslvania on September 11, 2001.
|
|
301-1
St. Robert
Bellarmine Catholic
Church 100th
Anniversary Celebration
|
Mayor Ramos
presented a proclamation to Father John Collins in recognition of the
100th Anniversary Celebration of St. Robert Bellarmine Catholic Church.
Father Collins presented the City with a $10,000 check for the benefit of
the Park, Recreation and Community Services Department.
|
|
301-1
Library Card
Sign Up Month |
Mayor Ramos
presented a proclamation in recognition of Library Card Sign Up Month to
Cathleen Bowley, Supervising Librarian for Children Services.
|
|
301-1
Disaster
Preparedness Awareness Month
|
Mayor Ramos
presented a proclamation in honor of Disaster Preparedness Awareness Month
to Fire Captain Steven Briggs.
|
|
301-1
Patriot Day
Proclamation
|
Mayor Ramos
presented a proclamation in honor of Patriot Day to Police Chief Stehr and
Fire Chief Pansini, and members of the Police and Fire Departments who
were in attendance.
|
|
Reporting on
Council Liaison
Committees
|
Dr. Gordon
reported on attending the League of California Cities (League) Council
Members� Conference in Sacramento with Mrs. Ramos.
Mr. Golonski
expressed appreciation to Assembly Member Krekorian for hosting a Block
Party in Burbank.
Mr. Bric invited
the community to attend the Chamber of Commerce Golf Tournament at the
DeBell Golf Course.
Mrs. Ramos
invited the community to attend a fundraising event for the Kids Community
Dental Clinic and reported on attending the League Conference.
|
|
406
Airport
Authority
Report
|
Commissioner
Brown reported on the Airport Authority meeting of September 4, 2007. He
stated that the Authority approved a license agreement with the
Transportation Security Administration and awarded a contract for the
Taxiway D Extension Project.
|
|
7:10 P.M.
1701
1704
Rancho Comm.
Zone
|
Mayor Ramos
stated that �this is the time and place for the hearing on adding Section
31-501 of Chapter 31 of the Burbank Municipal Code modifying the land use
table related to grocery/market uses in the Rancho Commercial Zones.�
|
|
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 no correspondence was received by the
City Clerk�s Office. Mrs. Ramos stated that the Council received one
email in support of the Zone Text Amendment.
|
|
Staff Report
|
Mr. Forbes,
Principal Planner, Community Development Department, requested Council
consideration of a Zone Text Amendment (ZTA) that would amend the zoning
use list to require a Conditional Use Permit (CUP) for grocery/market uses
in the Rancho Commercial Zones. He noted that currently, grocery/markets
are permitted by right. He added that the proposed ZTA is in response to
concerns raised by the Council, Planning Board and public that allowing
grocery/markets as permitted uses in the Rancho zones is not consistent
with the intent of the 1993 Rancho Masterplan. With the aid of an
overhead map, he identified the Rancho zones which are located in the area
bounded by Mariposa Street, Oak Street, Main Street and Riverside Drive.
He explained that the proposed ZTA would provide the City with
discretionary authority to determine through the public hearing process on
a case-by-case basis, whether a proposed project would be consistent with
the intent of the Masterplan.
Mr. Forbes
informed the Council that the Planning Board considered the proposed ZTA
at a public hearing on August 13, 2007 and voted 5-0 to recommend its
approval. He stated that the Planning Board further requested that staff
return with a schedule for a public outreach process to revisit the Rancho
Masterplan, including a focus on providing more certainty about the types
of permitted food store uses. He added that this is contrary to Council
direction given on June 26, 2007 to revisit the Rancho Masterplan in
conjunction with the ongoing update to the General Plan Land Use Element.
He requested Council direction on the issue. He noted staff�s
recommendation that the Council adopt the proposed ZTA and that a public
process to revisit the Rancho Masterplan be conducted in conjunction with
the Land Use Element update.
|
|
Citizen
Comment
|
Appearing to
comment were: Patrick McHugh; Ti Evans; Anne Perralta; Bill Smith; Marva-Lea
Kornblatt; Paul Dyson; Michelle Feather; Susan O'Carroll; Roman Gora; John
Bresee; Bart Giovannetti; Nancy Sherwood; John Chipman; Eden Rosen; Esther
Barr; and, Noreen Reardon.
|
|
Staff Response
|
Mr. Forbes
responded to public comment regarding the limitations of the Conditional
Use Permit protection.
|
|
7:50 P.M.
Hearing
Closed
|
There being no
further response to the Mayor�s invitation for oral comment, the hearing
was declared closed.
|
|
Motion |
Following
deliberation, it was moved by Dr. Gordon, seconded by Mrs. Ramos and
carried with Mr. Bric and Mr. Golonski voting no that �staff be directed
to return with a Zone Text Amendment to eliminate grocery store uses in
the Rancho area.�
|
|
Motion |
It was moved by
Dr. Gordon, seconded by Mrs. Reinke and carried with Mr. Bric and Mr.
Golonski voting no that �staff be directed to return to the Planning
Board with an additional Zone Text Amendment to reinstitute a substitute
food use for the Rancho area.�
|
|
Request to
continue hearing
|
Dr. Gordon requested that the Omer Lane appeal hearing be continued to a
future date to allow the Council to consider his prior request for
enacting an Interim Development Control Ordinance. There was no Council
concurrence.
|
|
8:53 P.M.
1702
Project No.
07-000-0882 DR
1014 and 1018
Omer Lane |
Mayor Ramos
stated that �this is the time and place for the hearing on the appeal of
the Planning Board�s decision affirming Project No. 07-000-0882,
Development Review. The applicant, Varoozh Saroian, applied for a
Development Review requesting authorization to construct a 12-unit,
two-story, multi-family project at 1014 and 1018 Omer Lane in the R-4 High
Density Residential Zone. The approval by the Planning Board on July 9,
2007 was appealed to the Council on July 19, 2007 by Ms. Patricia Lake.�
|
|
Meeting
Disclosures
|
Mrs. Ramos
disclosed a phone conversation with Mr. Kunert and also stated that she
reviewed the project plans approximately two months ago.
Dr. Gordon
disclosed that he had extensive discussion with staff and the City
Attorney on the matter.
Mr. Golonski
disclosed a previous meeting with Mr. Kunert and his representative.
Mr. Bric
disclosed a meeting with Mr. Kunert together with Mrs. Reinke, and a
subsequent conversation with Mr. Kunert.
Mrs. Reinke
disclosed a meeting with Mr. Kunert and stated that she previously owned
two units at 250 Spazier Avenue three or four years ago but had since sold
the property.
|
|
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 no
correspondence on the matter.
|
|
Staff Report
|
Mrs. Forbes,
Deputy City Planner, Community Development Department, requested the
Council consider an appeal of the Planning Board�s decision to uphold the
Community Development Director�s decision to conditionally approve a
Development Review. She stated that the request is for a 12-unit,
two-story, multi-family project at 1014 and 1018 Omer Lane in an R-4 Zone.
She elaborated on the project�s features and stated that the applicant has
submitted revised garage plans which include an additional guest parking
space beyond Code requirements. She mentioned that Omer Lane is dominated
by single-story duplexes with one other property having a second floor,
and that properties across Spazier Avenue are two and three stories above
grade. She added that prior to August 15, 2005, the property was zoned
for up to 22 units and that in April 2006, the Council denied a proposal
for a 15-unit three-story project. She noted that the new R-4 high
density regulations which were effective after August 15, 2005 allow 12
units; however, the new Code continues to allow three stories.
Mrs. Forbes
stated that the Planning Board considered an appeal of the project by Ms.
Lake on July 9, 2007 and voted 5-0 to deny the appeal. She added that a
subsequent appeal was filed on July 19, 2007, stating that the 12-unit
project is too large for Omer Lane and expressing preference for project
to have eight or ten units. In addition, she reported that the appeal
cited too much traffic in the area, insufficient street parking and a
major safety concern with the increase of units on Omer Lane. She stated
that the project as proposed meets Code requirements and that approval of
the Development Review Application by the Planning Board was appropriate.
|
|
Appellant
|
Ms. Patricia
Lake, appellant, requested the Council uphold the appeal stating that the
project is too dense for the neighborhood and will exacerbate the
already-crowded traffic conditions in the area. She also stated that
approval of the project will set a precedent for the area.
|
|
Applicant
|
Mr. Varoozh
Soroian, project architect, elaborated on the garage access, commented on
the project�s proposed height and highlighted the provision of an
additional parking space beyond Code requirements.
Mr. Kunert
stated that his project is Code compliant and that the project has been
scaled down from the allowable 22 units to 15 units, and further to the
current 12-unit proposal. He also noted that the area is in need of
upgrade. He then elaborated on his interaction with the neighborhood and
highlighted the comments made by the Planning Board.
|
|
Citizen
Comment
|
Appearing to
comment were: Eddie Rubio, Leslie Avery, Laura Dietz; and, John Kenworthy. |
|
Appellant
Rebuttal
|
Ms. Lake
responded to public comment with regard to individuals living in garages
and multiple families living in homes. She reiterated the traffic and
safety issues.
|
|
Applicant
Rebuttal
|
Mr. Kunert
commented on the assertion that multiple families are living in homes and
highlighted the negative impacts of the City�s down zoning laws on
residential projects. He noted that the project will greatly improve the
neighborhood.
|
|
Motion |
Following
Council deliberation, it was moved by Mr. Golonski and seconded by Mr.
Bric that �the following resolution be passed and adopted.�
|
|
1702
Project No.
07-000-0882 DR -
1014 and 1018 Omer Lane |
RESOLUTION NO. 27,544:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK DENYING THE APPEAL AND AFFIRMING THE
PLANNING BOARD'S DECISION TO APPROVE PROJECT NO. 07-000-0882, DEVELOPMENT
REVIEW (Applicant: Varoozh Saroian; Property Owner: Bob Kunert; 1014 &
1018 Omer Lane).
|
|
Adopted |
The resolution
was adopted by the following vote:
Ayes: Council Members Bric, Golonski,
Reinke and Ramos.
Noes:
Council Member Gordon.
Absent:
Council Members None.
|
|
Reporting on
Closed Session |
Mr. Barlow
reported on the items considered by the City Council during the Closed
Session meeting.
|
|
Public Comment
|
Mrs. Ramos
called for speakers for public comment at this time.
|
|
|
Appearing to
comment were: Paul Dyson; Gary Garrison; and, Eden Rosen.
|
|
Staff
Response
|
Members of the
Council and staff responded to questions raised.
|
|
Motion |
It was moved by
Mr. Golonski and seconded by Mrs. Reinke that "the following items on the
consent calendar be approved as recommended.�
|
|
1503
1504
Water and
Electric Monthly Report
|
The Water and
Electric Monthly Report regarding water quality and power issues for
September 2007 was received from Burbank Water and Power.
The report was
noted and filed.
|
|
804-3
702-2
Older Americans
Act Grant
|
RESOLUTION NO. 27,545:
A RESOLUTION OF
THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING APPLYING FOR A GRANT UNDER
TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED, FOR SUPPLEMENTAL
NUTRITION PROGRAMS AND SUPPORTIVE SERVICES.
|
|
Adopted |
The consent
calendar was adopted by the following vote:
Ayes: Council Members Bric, Golonski,
Gordon, Reinke and
Ramos.
Noes:
Council Members None.
Absent:
Council Members None.
|
|
Final Public
Comment |
There was no
response to the Mayor�s invitation for speakers for final public comment.
|
|
10:28 P.M.
Adjournment |
There being no
further business to come before the Council, the meeting was adjourned at
10:28 p.m. in memory of all who perished at the World Trade Center in New
York, the Pentagon in Washington, DC and near Shanksville, Pennyslvania on
September 11, 2001.
Margarita Campos
City Clerk
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