This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desks at the three libraries and are available for public inspection and review. If you have any question about any matter on the agenda, please call the office of the City Clerk at (818) 238-5851. This facility is disabled accessible. Auxiliary aids and services are available for individuals with speech, vision or hearing impairments (48 hour notice is required). Please contact the ADA Coordinator at (818) 238-5021 voice or (818) 238-5035 TDD with questions or concerns.

CLOSED SESSION ORAL COMMUNICATIONS IN COUNCIL CHAMBER:

Comments by the public on Closed Session items only. These comments will be limited to three minutes.

For this segment, a PINK card must be completed and presented to the City Clerk.

CLOSED SESSION IN CITY HALL BASEMENT LUNCH ROOM/CONFERENCE ROOM:

a. Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

1. Name of Case: CBE v. City of Burbank

Case No.: CV 02-2021 DT

Brief description and nature of case: Alleged violations of Clean Air Act.

2. Name of Case: City of Burbank vs. Victor E. Estrada

Case No.: BC 292 157

Brief description and nature of case: Eminent domain action to acquire 461 North Varney Street.

b. Conference with Legal Counsel � Anticipated Litigation (City as potential defendant):

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s): 3

c. Conference with Labor Negotiator:

Pursuant to Govt. Code �54957.6

Name of the Agency Negotiator: Management Services Director/John Nicoll

Name of Organization Representing Employee: Represented: Burbank City Employees Association, Burbank Management Association, International Brotherhood of Electrical Workers, Burbank Firefighters Association, Burbank Firefighters Chief Officers Unit, and Burbank Police Officers Association; Unrepresented, and Appointed Officials.

Summary of Labor Issues to be Negotiated: Current Contracts and Retirement Issues.

When the Council reconvenes in open session, the Council may make any required disclosures regarding actions taken in Closed Session or adopt any appropriate resolutions concerning these matters.

6:30 P.M.

INVOCATION: Reverend Tania Kleiman, Olive Branch Ministries.

The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution.

FLAG SALUTE:

ROLL CALL:

ANNOUNCEMENT: WEDNESDAY NIGHT PRIME TIME PROGRAMS.

ANNOUNCEMENT: GENERAL MUNICIPAL ELECTION ON APRIL 8, 2003.

ANNOUNCEMENT: COUNCIL MEETING DARK ON APRIL 8, 2003.

ANNOUNCEMENT: VOTE ON SATURDAY, APRIL 5, 2003.

PROCLAMATION: NATIONAL LIBRARY WEEK

COUNCIL COMMENTS: (Including reporting on Council Committee Assignments)

INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

At this time additional items to be considered at this meeting may be introduced. As a general rule, the Council may not take action on any item which does not appear on this agenda. However, the Council may act if an emergency situation exists or if the Council finds that a need to take action arose subsequent to the posting of the agenda. Govt. Code �54954.2(b).

6:30 P.M. PUBLIC HEARING:

1. ZONE TEXT AMENDMENT 2001-11: CHANGES TO BURBANK MUNICIPAL CODE REGULATIONS FOR SECOND DWELLING UNITS IN SINGLE FAMILY ZONES:

The purpose of this report and public hearing is to recommend changes to Burbank Municipal Code Chapter 31, Article 6, Division 3.5 (�31-625.1 to �31-625.10) "Second Dwelling Units in Single Family Residential Zones" as a result of the ruling of the California Appeals Court in the case of Coalition Advocating Legal Housing Options vs. City of Santa Monica, in April 2001 (which invalidated Santa Monica�s occupancy requirements for second dwelling units) and the passage of Assembly Bill (AB) 1866 in September 2002 (which mandated second dwelling units be processed ministerially beginning July 1, 2003) and to recommend amended development standards for second dwelling units.

An Interim Development Control Ordinance was adopted in September 2001, and was extended in September 2002 to September 2003. This ordinance prohibited any second dwelling unit construction to allow time for analysis of the issues and staff recommendations. A public hearing was held before the Planning Board (Board) on January 27, 2003. The Board adopted a resolution recommending the Council approve the zone text amendment with amendments proposed by the Board.

The Burbank Municipal Code (Code) currently provides for occupancy requirements, which are no longer legal or defensible in light of the Coalition case law. Thus, staff proposes this section be deleted from the Code. The Code also requires approval of a conditional use permit for any construction of second dwelling units. Pursuant to AB1866, the process must be ministerial, therefore invalidating the conditional use permit requirement. Staff is recommending this requirement be removed from the Code. The Board recommended all second dwelling unit applications undergo development review to ensure the public is informed and to ensure full compliance with the Code. Consequently, some change to the Code will be needed to address development review of second dwelling unit applications.

Since AB 1866 requires all procedures to be ministerial, various development standards have been proposed by the Board and staff to mitigate the removal of discretionary review, i.e., the minimum lot size for properties with second dwelling units be increased; a minimum separation shall exist between second dwelling unit properties, the exterior design of the second unit shall match the main dwelling unit and be integrated into the design of the existing unit; a detached second unit shall be no more than one story in height; the second unit shall be limited to a maximum size; second units shall be separated from R-1H property by a minimum of 20 ft; and existing approved second units shall be grandfathered.

Recommendation:

Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATED TO SECOND DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES.

REPORTING ON CLOSED SESSION:

FIRST PERIOD OF ORAL COMMUNICATIONS: (One minute on any matter concerning City Business.)

There are four segments of Oral Communications during the Council Meeting. The first precedes the Closed Session items, the second and third segments precede the main part of the City Council�s business (but follow announcements and public hearings), and the fourth is at the end of the meeting following all other City business.

Closed Session. During this period of oral communications, the public may comment only on items listed on the Closed Session Agenda(s). A PINK card must be completed and presented to the City Clerk. Comments will be limited to three minutes.

First Period of Oral Communications. During this period of Oral Communications, the public may comment on any matter concerning City Business. A BLUE card must be completed and presented to the City Clerk. NOTE: Any person speaking during this segment may not speak during the third period of Oral Communications. Comments will be limited to one minute.

Second Period of Oral Communications. This segment of Oral Communications immediately follows the first period, but is limited to comments on agenda items for this meeting. For this segment, a YELLOW card must be completed and presented to the City Clerk. Comments will be limited to four minutes.

Third Period of Oral Communications. This segment of oral communications follows the conclusion of agenda items at the end of the meeting. The public may comment at this time on any matter concerning City Business. NOTE: Any member of the public speaking at the First Period of Oral Communications may not speak during this segment. For this segment, a GREEN card must be completed and presented to the City Clerk. Comments will be limited to three minutes.

City Business. City business is defined as any matter that is under the jurisdiction of the City Council. Although other topics may be of interest to some people, if those topics are not under City Council jurisdiction, they are not City business and may not be discussed during Oral Communications.

Videotapes/Audiotapes. Videotapes or audiotapes may be presented by any member of the public at any period of Oral Communications or at any public hearing. Such tapes may not exceed the time limit of the applicable Oral Communications period or any public comment period during a public hearing. The playing time for the tape shall be counted as part of the allowed speaking time of that member of the public during that period.

Videotapes must be delivered to the Public Information Office by no later than 10:00 a.m. on the morning of the Council meeting in a format compatible with the City�s video equipment. Neither videotapes nor audiotapes will be reviewed for content or edited by the City prior to the meeting, but it is suggested that the tapes not include material that is slanderous, pornographic, demeaning to any person or group of people, an invasion of privacy of any person, or inclusive of material covered by copyright.

Printed on the videocassette cover should be the name of the speaker, the period of oral communication the tape is to be played, and the total running time of the segment. The Public Information Office is not responsible for "cueing up" tapes, rewinding tapes, or fast forwarding tapes. To prevent errors, there should be ten seconds of blank tape at the beginning and end of the segment to be played. Additionally, the speaker should provide the first sentence on the tape as the "in cue" and the last sentence as the "out cue".

As with all Oral Communications, videotapes and audiotapes are limited to the subject matter jurisdiction of the City and may be declared out of order by the Mayor.

Disruptive Conduct. The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and pagers, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

Once an individual is requested to leave the Council Chamber by the Mayor, that individual may not return to the Council Chamber for the remainder of the meeting. BMC �2-216(b).

Individuals standing in the Council Chamber will be required to take a seat. Also, no materials shall be placed in the aisles in order to keep the aisles open and passable. BMC �2-217(b).

Your participation in City Council meetings is welcome and your courtesy will be appreciated.

COUNCIL AND STAFF RESPONSE TO FIRST PERIOD OF ORAL COMMUNICATIONS:

SECOND PERIOD OF ORAL COMMUNICATIONS: (Four minutes on Agenda items only.)

COUNCIL AND STAFF RESPONSE TO SECOND PERIOD OF ORAL COMMUNICATIONS:

RECESS for the Housing Authority meeting.

RECONVENE for the City Council meeting.

CONSENT CALENDAR: (Items 2 through 5)

The following items may be enacted by one motion. There will be no separate discussion on these items unless a Council Member so requests, in which event the item will be removed from the consent calendar and considered in its normal sequence on the agenda. A roll call vote is required for the consent calendar.

2. MINUTES:

Approval of minutes for the regular meeting of January 21, 2003.

Recommendation:

Approve as submitted.

3. AMENDING THE FISCAL YEAR 2002-03 DRUG ASSET FORFEITURE FUND BUDGET:

Under the Federal Drug Asset Forfeiture Law, the City of Burbank has received funds from the State and Federal Government in the amount of $142,458.97, which represents our share of drug cases involving the Burbank Police Department Narcotics Detail.

Staff recommends the Council adopt a resolution accepting and appropriating these funds in the amount of $142,458.97.

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2002-2003 DRUG ASSET FORFEITURE FUND BUDGET IN THE AMOUNT OF $142,458.97.

4. CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING CITY/COUNTY PAYMENT PROGRAM:

Staff is requesting Council authorization to submit the Funding Request for the Fiscal Year (FY) 2003-04 funding cycle of the City/County Payment Program to the California Department of Conservation, Division of Recycling (DOC).

In 1986, the State Legislature passed Assembly Bill 2020 (AB 2020) to keep recyclable beverage containers out of landfills and reduce litter. AB 2020 placed an additional charge of 2� cents on beverages in bottles under 24 ounces and 5 cents on beverages in bottles over 24 ounces. Consumers may receive a refund for the California Redemption Value (CRV) amount by taking eligible bottles to a recycling center, such as the Burbank Recycle Center. When consumers dispose of bottles in the trash, the unredeemed CRV refund amount remains with the DOC and is used to fund several different programs. One of the programs funded by the unredeemed CRV refund money is the City/County Payment Program. The Program aims "to reach and maintain an 80 percent recycling rate for all CRV beverage containers" by annually allocating funds to eligible cities and counties on a per capita basis for beverage container recycling and litter cleanup activities. The funds must be used for DOC approved activities related to beverage container recycling and/or litter reduction.

Under the City/County Payment Program, the City of Burbank is eligible to receive $28,990 for FY 2003-04. The City is not obligated to provide matching local funds, but must spend the grant funds by June 30, 2004. To receive payment, the City must submit a Funding Request to the DOC by April 30, 2003 that includes a brief description of planned bottle recycling and litter abatement activities for DOC approval. The DOC expects to distribute the FY 2003-04 funds in July 2003. Staff plans to use these funds for bottle recycling and litter reduction activities such as placing recycling containers at City parks that currently do not have these containers. Staff also plans to use these funds to pay for a portion of the Public Works Newsletter, which is an important part of the City�s public education and outreach activities related to bottle recycling and litter reduction.

The DOC plans to continue to distribute funds for bottle recycling and litter abatement during FY 2004-05 and beyond. The funds potentially available for the City of Burbank in future years have not yet been determined, but are expected to be approximately $30,000 per year based on population.

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING SUBMITTAL OF THE FUNDING REQUEST FORM FOR THE FY 2003/2004 FUNDING CYCLES OF THE CITY/COUNTY PAYMENT PROGRAM TO THE DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, AND APPROPRIATING THE FY 2003/2004 AMOUNT TOTALING $28,990.

5. APPROVING AN AGREEMENT FOR AN INDEPENDENT ADVISOR TO THE CIVIL SERVICE BOARD WITH MICHAEL H. MILLER:

A City employee has appealed his discipline to the Burbank Civil Service Board. In order to avoid potential conflict of interest issues, the City Attorney has recommended that the City secure the services of a third party advisor to the Civil Service Board. Mr. Michael H. Miller will serve as the neutral advisor to the Civil Service Board for this appeal hearing. Mr. Miller has extensive experience advising civil service boards in disciplinary hearings in other cities. Staff anticipates that the cost for Mr. Miller�s services will not exceed $10,000.

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN AGREEMENT WITH MICHAEL H. MILLER AND AMENDING THE FY 2002-03 ANNUAL BUDGET IN THE AMOUNT OF $10,000.

END OF CONSENT CALENDAR *** *** ***

REPORTS TO COUNCIL:

6. BURBANK WATER AND POWER WATER AND ELECTRIC MONTHLY OPERATION REPORT:

Staff has prepared the Burbank Water and Power (BWP) Water and Electric Monthly Report regarding water quality and power issues for March 2003.

WATER UPDATE

Water quality during February met or exceeded State and Federal drinking water standards.

• Fiscal Year (FY) 2002-03 Year-To-Date Water Fund Financial Results as of February 28, 2003.

The following table shows the systemwide reliability statistics for FY 2001-02 compared to the first eight months of FY 2002-03.

• FY 2002-03 Power Financial Results (preliminary) as of February 28, 2003.