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)

         Name of Case:  City of Burbank v. Burbank-Glendale-Pasadena Airport Authority.

         Case No.:  BC259852

         Brief description and nature of case:  Declaratory Relief.

 

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

         Pursuant to Govt. Code �54956.9(b)(1)

         Number of potential case(s):  2

                                   

c.      Conference with Legal Counsel � Anticipated Litigation (City as possible plaintiff):

         Pursuant to Govt. Code �54956.9(c)

         Number of potential case(s):  1

 

d.      Conference with Real Property Negotiator:

         Pursuant to Govt. Code �54956.8

         Agency Negotiator:  City Manager/Mary Alvord

         Property:  All public streets and rights-of-way in the City of Burbank

         Parties with Whom City is Negotiating:  Charter Communications.

         Terms Under Negotiation:  Renewal of cable television Franchise.

 

e.      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.

 

                                                                      6:30 P.M.

 

 

INVOCATION:                       Shannon Parris, Intern, First Presbyterian Church.

                                                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:             BOARDS AND COMMISSIONS VACANCIES.

 

PRESENTATION:                OUTSTANDING SENIOR VOLUNTEERS RECOGNITION.

 

PRESENTATION:                GREATER LOS ANGELES COUNTY VECTOR CONTROL PREPARATION FOR THE WEST NILE

                                               VIRUS.

 

 

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 NO. 2001-11: SECOND DWELLING UNITS IN SINGLE FAMILY ZONES:

 

On April 1, 2003, staff presented Council with a draft ordinance and report recommending certain amendments to the Zoning Code regulations for second dwelling units in single-family zones.  Second dwelling units are separate small but complete dwelling units located on the same property as a primary residential unit. They are also referred to as �granny flats�, �mother-in-law units�, accessory apartments, and various other names.  Staff recommended deleting the occupancy requirements of Section 31-625.4 to bring it into conformance with recent California Appellate Court rulings, and to delete various requirements for, and references to, Conditional Use Permits to conform to new State Legislation (Assembly Bill (AB) 1866) which henceforth prohibits the use of discretionary procedures for second unit approvals.

 

Staff also recommended adding or amending several development standards designed to limit or control the secondary effects of second dwelling units.  In order to limit the concentration and density of such units, staff recommended requiring a 500 foot (ft.) separation between lots with such units.  This recommendation was based on a goal of limiting the number of such units to the maximum extent consistent with the intent of the State law.  The Council requested staff to provide more information and options regarding alternatives for regulating the concentration of second units and separation requirements.

 

Staff researched a number of other cities and presented alternatives used by other jurisdictions, including the effects and limitations of depending on per block and net acreage concentrations, and linear (along the street), radial and other separation requirements. Staff is recommending requiring a minimum 200 ft. separation between second units as being the smallest separation consistent with the capacity limits of City utility services and considerations such as traffic, parking, noise, etc., and to prevent any given single-family lot from being completely surrounded with second unit lots.

 

In the April 1, 2003 report, staff also recommended henceforth processing second unit applications just like building permits in the single-family zone.  The Council indicated desire for a process that provided notice to nearby property owners, even though grounds for appeal of decisions to approve such units are very limited after AB 1866.  The Council requested staff to develop recommended wording for a notice that would advise nearby residents of the pending application, but also advise them that appeals are very restricted.

 

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:

 

 

AIRPORT AUTHORITY MEETING REPORT:

 

2.      AIRPORT AUTHORITY COMMISSIONER REPORT:

 

At the request of the Burbank representatives to the Airport Authority, an oral report will be made to the City Council following each meeting of the Authority.

 

The main focus of this report will be issues which were on the Airport Authority special meeting agenda of May 12, 2003.  Other Airport related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

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 Redevelopment Agency, Housing Authority, Parking Authority and Youth Endowment Services Fund Board meetings.

 

RECONVENE for the City Council meeting.

 

 

CONSENT CALENDAR: (Items 3 through 9)

 

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.

 

3.      TREASURER�S REPORT:

 

The City Treasurer's report on investment and reinvestment of temporarily idle funds for the quarter ending  March 31, 2003.

 

Recommendation:

 

Note and file.

 

 

4.      REQUESTING APPROPRIATION OF ASSEMBLY BILL 2928 TRAFFIC CONGESTION RELIEF FUNDS FOR THE VANOWEN STREET IMPROVEMENT PROJECT:

 

Staff is requesting Council appropriation of Assembly Bill (AB) 2928 Traffic Congestion Relief funds for the Vanowen Street Improvement Project.  Under AB 2928, the State established a Traffic Congestion Relief Fund in the State Treasury to allocate street maintenance and reconstruction funds to cities and counties based on population.  The City of Burbank�s Fiscal Year (FY) 2001-02 AB 2928 allocation was $255,087.08.  The interest accrued to these funds to date totals $14,101.89.

 

On January 7, 2003, the Council approved a resolution awarding a construction contract for the Vanowen Street Improvement Project to E.C. Construction Company of South El Monte, California.  This project was originally funded out of Public Works� annual General Fund 370 appropriation for street, alley, and concrete improvements, and construction began on February 24, 2003.

 

The AB 2928 funds, including the accrued interest, must be expended by June 30, 2003.  Any of these monies not expended by this deadline must be returned to the State Controller's Office for reallocation to other cities.

 

Public Works staff proposes to substitute the FY 2001-02 AB 2928 allocation and the accrued interest to fund the Vanowen Street Improvement Project currently funded by General Fund 370.

 

As stated previously, the FY 2001-02 AB 2928 allocation totals $255,087.08 and the accrued interest totals $14,101.89.  Appropriating these funds for the Vanowen Street Improvement Project would make Fund 370 monies available for the improvement of Kenneth Road between Olive Avenue and Amherst Drive, which had been deferred as part of the Public Works Department's 10 percent budget reduction.

 

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 BUDGET FOR THE PURPOSE OF APPROPRIATING FUNDS IN THE AMOUNT OF $269,188.97 FROM THE TRAFFIC CONGESTION RELIEF FUND MONIES RECEIVED IN FY 2001-2002.

 

 

5.      REQUESTING APPROVAL OF A RESOLUTION FOR CONTRACT DOCUMENTS AND AWARDING A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1145, ROBERT GROSS PARK FRONTAGE RENOVATIONS:

 

Staff is requesting Council approval of contract documents (plans and specifications) and award of a construction contract for Bid Schedule No. 1145 (BS 1145), Robert Gross Park Frontage Renovations.

 

The Empire Avenue Transportation, Utility & Landscape (Empire Avenue Beautification) project is included in the adopted Fiscal Year (FY) 2001-02 Capital Improvement Program.  The goal of this project is to upgrade the function and appearance of the Empire Avenue corridor, recognizing its evolution from a purely industrial area to emerging office, hospitality, and retail center developments (i.e., Media Studios North, Burbank Empire Center, A-1 North, etc.).

 

BS 1145 is the third of four project segments for the Empire Avenue Beautification.  The renovations included in BS 1145 will occur along Robert Gross Park�s frontage on the south side of Empire Avenue west of Naomi Street; and they include construction of sidewalk and driveway, steel fencing with pilasters and gates, a masonry wall, plumbing, and landscape improvements.  The driveway entrance width into the park will accommodate two-way traffic.

 

BS 1145 was advertised for construction bids on March 22 & 26, 2003.  A bid opening was held on April 8, 2003, and eight contractors submitted bids ranging from $99,565.42 to $165,020.54. S.H.E. Construction Group of Reseda, California, submitted the lowest bid, 26 percent below the engineer�s estimate of $135,000.  Staff investigated S.H.E. references and received favorable comments.

 

Construction of BS 1145 is to occur between June and September 2003.  Sufficient funding for BS 1145 is available in the Empire Avenue Beautification project account.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR ROBERT GROSS PARK FRONTAGE RENOVATION PROJECT, BID SCHEDULE NO. 1145.

 

           

6.      STATUS OF COFFEE SERVICE AT THE BUENA VISTA BRANCH LIBRARY:

 

The purpose of this report is to update the Council on the status of coffee cart service at the Buena Vista Branch Library.  As early as June 1999, there were plans to have a coffee cart at the proposed Buena Vista Branch Library.  The Omni-Group Architectural Program for the Buena Vista Branch Library included a sentence in the Outdoor Patron Service Area section stating, "Provision should also be made in this area for power and water utility services to support the introduction of an outdoor coffee/snack cart." 

 

Because the Buena Vista Branch Library is a destination library with no nearby shops or restaurants, it was staff�s plan to implement the Omni-Group suggestion to provide outdoor coffee cart service.  From the earliest conceptual plans to the actual blueprints, a designated storage area for a coffee cart was included to make such service feasible. 

 

At the time of the Grand Opening of the Buena Vista Branch in December 2002, the cart storage room was not ready for occupancy.  Even with the plan and built-in utility services, there were health codes imposed and special electrical and water requirements needed to be installed specific to the operation of a cart.  With the assistance of the Public Works Department, these requirements were finally completed last month, consequently bringing the coffee cart storage area up to current health codes.

 

With the storage area ready for occupancy, the Library Services Department is ready to identify a vendor.  Requests for proposals for a coffee cart vendor have been submitted with a closing date of May 20, 2003.  A five-member committee of avid coffee drinkers has been appointed to make the final selection based primarily on the quality of beverages and food product to be sold.  In accordance with the present policy, patrons will not be allowed to bring coffee or food inside the Buena Vista Branch Library.  It is expected that the service will be available seven days a week, during most of the hours that the Library is open.  Library patrons have long awaited the opportunity to check out a book, buy a beverage and linger in Lincoln Park.  The target date for beginning service is expected to be late spring.

 

The fiscal impact to the Library Services Department to implement or provide the coffee cart service is the minimal cost of providing water and electricity to the vendor.  The selected vendor is responsible for all costs incurred in setting up and maintaining the coffee service.  The vendor selected will return a percentage to be negotiated of gross sales to the City.  

 

Recommendation:

 

Note and file.

 

 

7.      REVISION AND RE-TITLING OF THE CLASSIFICATIONS OF UTILITY COMMUNICATIONS MANAGER AND UTILITY ENVIRONMENTAL COORDINATOR:

 

The proposed amendments to the Classification & Pay Plan for the specifications of Utility Communications Manager (CTC No. 0947) to Manager Telecommunications (CTC No. 0532) and Utility Environmental Coordinator (CTC No. 0972) to Environmental Coordinator (CTC No. 0327) provides for the clarification of the duties and responsibilities of the positions, while also aligning the titles with the current market industry.  The proposed revisions will allow applicants to have any combination of education and/or experience to meet the minimum requirements of the positions while providing the department flexibility in recruiting qualified management candidates in these highly specialized fields.  There is no fiscal impact as a result of these revisions.

 

Recommendation:

 

Adoption of proposed resolutions entitled:

 

1. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING AND RE-TITLING THE SPECIFICATION OF UTILITY COMMUNICATIONS MANAGER (CTC No. 0947) TO MANAGER TELECOMMUNICATIONS (CTC No. 0532).

 

2. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING AND RE-TITLING THE SPECIFICATION OF UTILITY ENVIRONMENTAL COORDINATOR (CTC No. 0972) TO ENVIRONMENTAL COORDINATOR (CTC No. 0327).

 

 

8.      REVISION OF THE SPECIFICATION OF PRINCIPAL CIVIL ENGINEER/BURBANK WATER AND POWER:

 

The proposed revisions to the specification for the classification of Principal Civil Engineer/Burbank Water and Power (CTC No. 0680) will address the current needs of the department and allow the department flexibility to recruit in highly specialized fields.  The proposed amendments will also allow applicants to be better prepared for the specialized duties and requirements of this classification.  There is no fiscal impact as a result of this revision.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE SPECIFICATION OF PRINCIPAL CIVIL ENGINEER/BWP (CTC No. 0680).

 

 

9.      REQUESTING AUTHORIZATION TO APPLY FOR A SAFE ROUTES TO SCHOOL PROGRAM GRANT:

 

Staff requests Council approval of a resolution authorizing the submission of a grant application to the Department of Transportation (Caltrans) for a Safe Routes to School (SR2S) grant.  State Assembly Bill 1475 created a revised SR2S Program in 1999 which provides federal transportation funds for construction of school bicycle/pedestrian safety and traffic calming projects to improve safety at or near elementary schools.  In 2001, Senate Bill 10 was enacted to extend the program for an additional three years.  Caltrans expects to fund $20 million for SR2S projects statewide during the fourth cycle.  The maximum federal reimbursement per project is $450,000.  The typical reimbursement ratio for these projects is 90 percent for eligible project costs.  The applications must be submitted to the Caltrans District Office by May 30, 2003.

 

In Fiscal Year (FY) 2002-03, Burbank was awarded a total of $140,000 in State grant funds for several sidewalk and pedestrian safety projects with a total construction cost of $155,000.

 

The proposed application for the fourth cycle of this program will include Traffic Diversion Improvements designed to improve student pick-up and drop-off areas in front of six elementary schools:  Emerson School, Joaquin Miller School, Edison School, Stevenson School, Bret Harte School, and Providencia School.  Currently, there are student valet drop-off programs on Cypress Avenue in front of Emerson School, Providencia Avenue in front of Joaquin Miller School, Keystone Street in front of Edison School, Oak Street in front of Stevenson School, Lima Street in front of Bret Harte School, and Pacific Avenue in front of Providencia School.

 

The Valet Program at these schools has been in place for several years, and has been very successful in minimizing traffic congestion at drop-off areas for the schools by giving drivers a designated area to quickly drop off students.   However, because the streets with the drop-off areas are only one lane each way, traffic can back up behind the cars using the Valet Program.  The lanes adjacent to the schools are 18 feet (ft) wide, which does not leave enough room for traffic continuing past the drop-off area to bypass the cars waiting to use the Valet Program.  Therefore, it is recommended to widen the lane from 18 ft to 21 ft to provide enough room for cars to bypass the Valet area, relieving congestion and making the Valet Program more efficient and safe.  The widening is only recommended at locations where sufficient sidewalk width exists to safely accommodate students.  The total estimated capital cost for the improvements at the six schools is $200,000.  The construction of the improvements will begin by July 2004 and be completed by the end of year.

 

The Traffic and Transportation Committee has been notified of this grant program and has recommended that the Council authorize the submittal of an application for grant funding.  The projects were also reviewed and endorsed by the Burbank Unified School District Safety Committee and the school principals.

 

The proposed school safety improvement project will cost a total of $200,000, and will require a 10 percent local match.  Caltrans will evaluate projects during the summer and grant funds will be awarded in the fall of 2003.  Staff proposes to utilize funds from several other safety projects for the local matching funds.  A total of $10,000 will be allocated from the Audible Pedestrian Signal project.  Two audible signals were installed in conjunction with the left turn phasing project, and savings were realized by City purchase of the equipment and combining the installation with another project.  The remainder of the funds ($10,000) will be obtained from the Empire Center Neighborhood Protection Plan project, as this project is complete.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO CALTRANS FOR A SAFE ROUTES TO SCHOOL GRANT FOR FISCAL YEAR 2003-04.