c.      Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case:  Jose Guevara v. City of Burbank.

Case No.:  EC033729

Brief description and nature of case:  Individual fell into sidewalk vault.

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

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s):  1

e.      Public Employee Performance Evaluation:

Pursuant to Govt. Code �54957 and 54957.6

Title of Employee�s Position:  City Attorney.

f.       Public Employee Performance Evaluation:

Pursuant to Govt. Code �54957 and 54957.6

Title of Employee�s Position:  City Manager.

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.

FLAG SALUTE:

ROLL CALL:

ANNOUNCEMENT:             WEDNESDAY NIGHT PRIME TIME PROGRAMS.

ANNOUNCEMENT:             APPLICATIONS  FOR VACANCIES ON THE CHARTER REVIEW COMMITTEE AND TRAFFIC

                                               AND TRANSPORTATION COMMITTEE.

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).

REPORTING ON CLOSED SESSION:

INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:  (Two minutes 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 Oral Communications.  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.

Initial Open Public Comment 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 two minutes.

Agenda Item 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.

Final Open Public Comment 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 Initial Open Public Comment 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 two 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 INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

AGENDA ITEM ORAL COMMUNICATIONS:  (Four minutes on Agenda items only.)

COUNCIL AND STAFF RESPONSE TO AGENDA ITEM ORAL COMMUNICATIONS:

CONSENT CALENDAR: (Items 1 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.

1.      MINUTES:

Approval of minutes for the regular meetings of June 17, June 24, July 1, and July 8, 2003.

Recommendation:

Approve as submitted.

2.      TREASURER�S REPORT:

The City Treasurer's report on investment and reinvestment of temporarily idle funds for the quarter ending  June 30, 2003.

Recommendation:

Note and file.

3.      APPROVING CONTRACT DOCUMENTS, AWARDING A CONSTRUCTION CONTRACT, AND AUTHORIZING EXECUTION OF A SUPPLEMENTAL FUNDING AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR BID SCHEDULE NO. 1068, MARIPOSA STREET IMPROVEMENTS, VERDUGO AVENUE TO VALLEY HEART DRIVE:

Staff is requesting Council authorization to award a construction contract for Bid Schedule No. 1068, Mariposa Street Improvements, Verdugo Avenue to Valley Heart Drive.  The scope of work includes:

• Cold milling the existing asphaltic concrete pavement and resurfacing with asphalt rubber hot mix (ARHM) from Verdugo Avenue to Riverside Drive.  The use of ARHM on this project will recycle approximately 5,400 used tires;

• Construction of concrete gutters from Oak Street to Parkside Drive;

• Construction of storm drain improvements and reconstruction of pavement from Riverside Drive to Valley Heart Drive; and,

• Reconstruction of specific curb, gutter, sidewalk, pedestrian curb ramp, driveway, alley approach, and traffic signal detector loops from Verdugo Avenue to Valley Heart Drive.

On July 8, 2003, seven contractors submitted bids for this bid schedule, ranging from $986,844 to $1,401,945.  The apparent low bidder requested to withdraw its bid, due to a clerical error in preparing the bid amount calculation.  With concurrence of the City Attorney�s office, the City�s Purchasing Manager agreed to allow this bid to be withdrawn.  The apparent lowest bid is now $1,059,000, submitted by All American Asphalt of Corona, California.  This bid amount is 11.5 percent above the engineer�s estimate of $950,000.  Staff has contacted references and received comments that All American Asphalt has completed similar projects with satisfactory results.  Construction of this project is planned to occur between September and December 2003. 

The construction cost of this street improvement project is eligible to receive Federal funding reimbursement (88.53 percent) from the California Department of Transportation (Caltrans) through the Surface Transportation Program � Local (STP-L).  The City is fronting the funds eligible for reimbursement from the Gas Tax Fund (Fund 125), as approved in the City�s Capital Improvement Program, and Public Works staff has set aside the remaining matching amount from the City�s annual Fund 370 appropriation for street construction.

Recommendation:

Adoption of proposed resolution entitled:

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 FUNDING AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE MARIPOSA STREET IMPROVEMENTS PROJECT, BID SCHEDULE NO. 1068.

4.      MODULAR BUILDING LEASE AGREEMENT EXTENSION:

Staff is requesting Council approval of a resolution extending the multi-year lease agreement between the City and Brandall Modular Corp.  On January 25, 2000, the Council approved a lease agreement between the City and Brandall Modular Corp., whereby the City agreed to lease a modular building as part of the Municipal Services Building (MSB) relocation and Development and Community Services Building (DCSB) construction projects.  The term of the lease was for a period of three years, including an optional last year, which then reverted to a month-to-month rental charge. The monthly rental charge for the optional month-to-month period would have been $9,167, for a total of $110,004 for an entire year.  The fixed term portion of the lease began August 1, 2000 and terminated on July 31, 2003.  

Several issues regarding the DCSB arose after December 2000 that hindered the new DCSB project schedule and necessitated a modular building lease extension.  The modular building is required for an additional 33 to 36 months to provide office space until the new DCSB project, recently resumed, is completed. 

Staff successfully negotiated with Brandall Modular Corp. for a two-year and nine- month extension of the current lease agreement, with an additional three-month option.  The term of the lease extension is based on an estimated DCSB occupancy date of May 2006 and coincides with the earliest possible ground-breaking for a new Central Library at the current modular building site.  The total cost of the lease including the three-month extension, is $296,676.  The pre-payment schedule is:  

8/1/03                         $98,496 (+ tax) for 12 months � Payment due by 8/30/03

8/1/04                         $98,496 (+ tax) for 12 months

8/1/05                         $73,872 (+ tax) for 9 months

5/1/06                         $25,812 (+ tax) for 3 months

The cost of extending the lease is $296,676. Total tax is $24,476 for a total of $321,152.  There is $122,291 available for the lease that was previously appropriated for the sole purpose of additional lease payments.  This leaves a balance of $198,861 required for the term of the agreement, including the optional three months.  There are sufficient funds for this balance in the DCSB project account.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A SECOND AMENDMENT TO THE LEASE BETWEEN THE CITY OF BURBANK AND BRANDALL MODULAR CORP. FOR A MODULAR BUILDING.

5.      PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC STUDY FOR PLANNED DEVELOPMENT NO. 2003-1 (PLATT PROJECT):

The purpose of this report is to request Council authorization for the City Manager to enter into a Professional Services Agreement (PSA) with Kaku Associates to perform a traffic study for Planned Development (PD) No. 2003-1, aka, the Platt Project.

On June 12, 2003, PW, LLC, submitted a PD application to construct a project in the area know as the North Triangle portion of the Media District. On April 22, 2003, the Council denied a previous application by this applicant on the same site.  The applicant, therefore, has submitted four different development scenarios to be considered by the public and the City in processing this new application.  The applicant intends on meeting with the community to eventually select one scenario for consideration by the Council.

Staff has preliminarily reviewed the project applications and determined that consultants will be necessary to perform the required environmental review under the California Environmental Quality Act (CEQA).  Staff completed a contract with Impact Sciences for the environmental review, not inclusive of the traffic study, on a sole-source basis because of the firm�s previous experience in this project area.  However, for the traffic study, staff is of the opinion that a different firm is necessary to perform the appropriate review.  Kaku Associates is a highly respected firm in the area of transportation analysis and is familiar with Burbank and the surrounding areas and will be conducting the neighborhood protection program for this immediate area.  Staff is confident that a request for proposals process would not have produced a more qualified firm.

No costs will be incurred by the City by entering into a PSA with Kaku Associates.  The applicant will be required to deposit to the City the cost of the contract plus 10 percent as required by the City�s Fee Resolution.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND KAKU ASSOCIATES, INC.

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

REPORTS TO COUNCIL:

6.      COUNCIL REQUEST TO DISCUSS THE POTENTIAL RENAMING OF THE BURBANK-GLENDALE-PASADENA AIRPORT AND UNITED STATES POST OFFICE (OLIVE AVENUE) IN HONOR OF MR. BOB HOPE:

Pursuant to Council direction given at the July 29, 2003 Council meeting, staff is requesting that the Council discuss the proposed renaming of the Burbank-Glendale-Pasadena Airport and United States Post Office (Olive Avenue Branch) in honor of the late legendary entertainer, Mr. Bob Hope.

Not only did Mr. Hope entertain millions throughout the world through his lengthy career in show business, he was a true American and community hero.  He selflessly gave thousands of hours of support to entertaining our troops, both domestically and abroad.  Along with those efforts, Mr. Hope was a true friend and supporter to the community of Burbank.

A grass roots community effort has developed with tremendous local support to request that the Council work to sponsor the renaming of a public facility in Mr. Hope�s honor.   Most notably, members of the community have suggested that the Council consider pursuing the option of working to rename the Burbank-Glendale-Pasadena Airport the �Bob Hope Airport� and work with our local United States Congressional Representatives to sponsor legislation at the Federal level to rename the United States Post Office (Olive Avenue Branch) the �Bob Hope Post Office.� 

To this end, staff has been in contact with the Executive Director of the Burbank-Glendale-Pasadena Airport, the office of United States Congressman Adam B. Schiff, and with staff from the cities of Pasadena and Glendale to determine how to move forward with the renaming of the Airport and Post Office, if this recommendation is approved by Council.  In regard to the proposed renaming of the Airport, should the Council move to support such an effort, and the Councils of the cities of Glendale and Pasadena also support this recommendation, the Airport Executive Director would assume the responsibilities, legal and otherwise, to pursue the renaming of the Airport in honor of Mr. Hope.  Once the appropriate forms and legal documents are prepared for the renaming, the Councils of all three cities would be required to ratify such change.

Staff has also contacted the Washington, D.C. office of United States Congressman Adam B. Schiff, in regard to preparing legislation that must be passed by both Houses in order for a United States Post Office branch renaming to be finalized. 

Finally, there has been strong support from the family and friends of Mr. Hope in support of such renaming efforts.  The family believes this action would be a welcome and fitting tribute to the memory of an individual who dedicated his life to bringing joy, happiness, laughter, and support to millions around the world.  Michael Hastings has been in contact with the family of Mr. Hope and has asked for a letter on their behalf supporting the use of his name for the renaming of the Burbank-Glendale-Pasadena Airport.

Once deliberation of renaming the facilities in honor of Mr. Hope takes place and a determination is made to move forward with such efforts, the Council should review the sample letters prepared by staff.  In the matter of the renaming of the Airport, sample letters have been drafted to the President of the Airport Authority indicating the Council�s support of this renaming effort, and to the City Councils of Glendale and Pasadena requesting similar support.  In the matter of the renaming of the United States Post Office (Olive Avenue Branch) a sample letter has been prepared from the Council to United States Congressman Adam Schiff requesting that the appropriate renaming process begin.

Recommendation:

It is staff�s recommendation that the Council initiate discussion on this matter, review the proposed letters, and direct staff as necessary in pursuing the renaming of the Burbank-Glendale-Pasadena Airport and United States Post Office (Olive Avenue Branch) in honor of Mr. Bob Hope.

7.      BURBANK WATER AND POWER WATER AND ELECTRIC OPERATING REPORT:

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

WATER UPDATE

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

Fiscal Year (FY) 2002-03 Year-To-Date preliminary Water Fund Financial Results as of June 30, 2003:

ELECTRIC UPDATE

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

         Financial and Operations Update

         FY 2002-03 year-to-date preliminary Power Financial Results as of June 30, 2003:

June 2003 Unit Data

Recommendation:

Note and file.

8.      FISCAL YEAR 2003-04 WORK PROGRAM AND PERFORMANCE INDICATORS PRESENTATION (BURBANK WATER AND POWER DEPARTMENT, MANAGEMENT SERVICES DEPARTMENT AND FINANCIAL SERVICES DEPARTMENT):

The purpose of this report is to provide the Council with the proposed Fiscal Year (FY) 2003-04 Annual Work Program and Departmental Performance Indicators.

The Annual Work Program is used as a management tool to identify, prioritize, and monitor the City's projects in accordance with the Strategic Plan.  The proposed FY 2003-04 Annual Work Program includes over 300 goals and objectives, including several capital improvement projects.  

Generally, the Annual Work Program document reflects the objectives defined by each department and suggested by the Council during the annual budget study sessions.  Listing all the specific objectives together in one document allows the  Council, City staff, and the public an opportunity to comprehensively review the City's Annual Work Program as a companion volume to the 10-Year Strategic Plan.

Included with the Annual Work Program review are the FY 2003-04 Departmental Performance Indicators.  Performance Indicators are used by the City to assess how efficiently and effectively programs and activities are provided, and determine whether organizational goals are being met.  Performance Indicators have become an integral part of the budget process for most cities and are a needed component to compete for state and national budget awards.

Although this is an �initial presentation� and not a �status update,� each Department Manager will present their proposed FY 2003-04 Annual Work Program and Performance Indicators for the Council�s review and be prepared to answer any questions from the Council as per the attached presentation schedule.

Recommendation:

Staff continues to believe that the Annual Work Program and Departmental Performance Indicators are effective project-tracking and work quality measurement tools that assist the City Council in achieving their Strategic Plan goals.  Staff requests that the City Council review the proposed FY 2003-2004 Work Program and Departmental Performance Indicators for Burbank Water and Power, Management Services Department, and Financial Services Department, and provide input and direction as necessary.

9.      PROPOSED REGULATION OF ENGINE IDLING:

At the July 29, 2003 Council meeting, Council Member Campbell requested the issue of regulation of the idling of motor vehicle engines in residential or residentially adjacent zones be placed on the agenda for consideration by the Council under the Council�s one-step/two-step process.  This is the first step of the process which is to determine whether or not there is interest by a majority of the Council in having staff research and bring back a report and/or proposed ordinance regarding this matter.

Recommendation:

Staff recommends the Council discuss the matter and direct staff as desired.

FINAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:  (Two minutes on any matter concerning the business of the City.)

This is the time for the Final Open Public Comment Period of Oral Communications.  Each speaker will be allowed a maximum of TWO minutes and may speak on any matter concerning the business of the City.  However, any speaker that spoke during the Initial Open Public Comment Period of Oral Communications may not speak during the Final Open Public Comment Period of Oral Communications.

For this segment, a GREEN card must be completed, indicating the matter to be discussed, and presented to the City Clerk.

COUNCIL AND STAFF RESPONSE TO THE FINAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

ADJOURNMENT.

For a copy of the agenda and related staff reports,

please visit the

City of Burbank�s Web Site:

www.ci.burbank.ca.us

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