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Invocation
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The invocation was given by Reverend Ron Degges, Little White Chapel.
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Flag Salute
ROLL CALL |
The pledge of allegiance to the flag was led by Police Officer Joe Dean.
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Present-- |
Council Members Campbell, Golonski, Ramos, Vander Borght and Murphy. |
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Absent - - - - |
Council Members None. |
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Also Present - |
Ms. Alvord, City Manager; Mr. Barlow, City Attorney; and, Mrs. Campos,
City Clerk.
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301-1
Pearl Harbor
Day |
Mayor Murphy
presented a proclamation in honor of Pearl Harbor Day to Don Farquhar, a
member of the Veterans Commemorative Committee.
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301-1
World Town
Planning Day |
Mayor Murphy
presented a proclamation in honor of World Town Planning Day to the
Planning staff in the Community Development Department.
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Initial Open
Public Comment
Period of Oral
Communications |
Ms. Murphy called for speakers for the initial open public comment period
of oral communications at this time.
|
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Citizen
Comment |
Appearing to comment were
J. Grassie,
expressing concern about residents who do not pick up after their dogs;
Ken Carlson, Attorney specializing in Landlord-Tenant Law, inquiring why a
Just Cause Eviction Ordinance has not been proposed in Burbank; Molly
Hyman, on violations of the voluntary curfew at the Airport and noting the
need for the Airport Commissioner reports given at Council meetings; Stan
Hyman, on donations accepted by the Committee for Lifelong Learning and on
the renaming of the Airport in honor of Bob Hope; and, Mark Barton,
commenting on the design of open house signage.
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Staff
Response |
Members of the Council and staff responded to questions raised.
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Agenda Item
Oral Communications |
Ms. Murphy called for speakers for the agenda item oral communications at
this time.
|
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Citizen
Comment |
Appearing to comment were
Larry Stamper,
expressing appreciation to the Council for the way the City has handled
the loss of Officer Pavelka, and announcing a fundraiser at Genio�s
Restaurant to benefit the Burbank Police Officers Association on December
1, 2003 from 4:00 p.m. to 10:00 p.m.; Mike Nolan and Howard Rothenbach,
commenting on the prevailing wage policy and requesting that the item be
postponed to a future date; David Piroli, commenting on curfew violation
fines and requesting Charter Communications pay interest for overcharging
customers; Mark Barton, on the Charter Communications Rate Order; and
Martin Schlageter, representing the Coalition for Clean Air, on the
Renewable Portfolio Standard, requesting that the Council set interim
targets to review its implementation.
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Staff
Response |
Members of the Council and staff responded to questions raised.
|
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7:21 P.M.
Recess |
The Council recessed to permit the Redevelopment Agency to hold its
meeting. The Council reconvened at 7:32 p.m. with all members present.
|
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Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that "the
following items on the consent calendar be approved as recommended.�
|
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Minutes
Approved |
The minutes for the regular meeting of November 11, 2003 were approved as
submitted.
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804-3
801-2
Local Law
Enforcement
Block Grant |
RESOLUTION NO. 26,608:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL
YEAR 2003-2004 BUDGET FOR THE PURPOSE OF APPROPRIATING INTEREST IN THE SUM
OF $5,233.48 FROM THE 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT.
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1301-3
DeBell Golf
Course Par 3
(B.S. 1151) |
RESOLUTION NO. 26,609:
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 THE DEBELL GOLF COURSE PAR 3 RENOVATION PROJECT, BID SCHEDULE
NO. 1151.
|
|
Adopted |
The consent calendar was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
|
1506
Master Purchase
Agmt. with
Motorola |
Mr. Davis, General Manager, Burbank Water and Power, requested that the
Council approve the Master Purchase Agreement for the ultra-high frequency
(UHF) SmartZone radio communications system between the City and Motorola,
Inc. (Motorola). He stated that at the November 4, 2003 Council meeting,
staff requested approval for two items related to the City�s radio system:
the Joint Exercise of Powers Agreement to establish a Joint Powers Agency
(JPA) in order to create the Interagency Communications Interoperability
System (ICIS); and, the Master Purchase Agreement for the UHF SmartZone
communications system with Motorola in order to replace the backbone UHF
system and to provide end-user equipment for Police and Fire personnel.
He added that the Council approved the JPA, but directed staff to provide
a detailed cost breakdown of Motorola�s system integration price as well
as to re-examine Motorola�s price proposal overall.
Mr. Davis informed the Council that staff has reviewed Motorola�s hourly
rates and concluded that they were reasonable. He explained that
Motorola�s system integration activities are primarily site-specific
engineering, installation and testing and not project management, and that
the equipment costs were tied to negotiated price agreements with the
cities of Glendale and San Diego. He added that most of the system
integration tasks require a team of technicians and engineers, and that
the hourly rates are what one would expect for a highly-skilled technician
or engineering position. He added that when staff contacted Motorola for
further price reductions, Motorola responded that the reductions already
offered to the City represented its best and final offer.
Mr. Golonski requested that the Council defer action on the matter pending
additional information he requested from Motorola.
Mr. Vander Borght inquired whether any delay would have a negative impact
on safety services and Mr. Wildermuth, Electrical Test Superintendent,
responded that the system was still in good shape but the City would lose
the discounts provided by Motorola if the Agreement was not approved by
the end of the 2003 calendar year. He also added that staff�s efforts
over the last nine months to secure the Agreement would also be
jeopardized.
Mr. Campbell requested that the item be agendized for a meeting prior to
the end of the 2003 calendar year.
Ms. Murphy and Mrs. Ramos requested further clarification from Mr.
Golonski on the costs he considered excessive. He noted that Motorola was
the only vendor considered for this project and added that more time was
required to review their implementation plan, rates and the overall cost.
Mr. Vander Borght and Ms. Murphy expressed opposition to deferring action
on the matter.
|
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Motion
|
It was moved by Mr. Golonski and seconded by Mr. Campbell and failed that
�Council action on the matter be deferred and brought back prior to the
end of the 2003 calendar year.�
|
|
Motion
Failed |
The motion failed by the following vote:
Ayes: Council Members
Campbell and Golonski.
Noes: Council Members Ramos, Vander Borght and Murphy.
Absent: Council Members None.
|
|
Motion |
It was moved by Mr. Vander Borght and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
|
1506
Master Purchase
Agmt. with
Motorola |
RESOLUTION NO. 26,610:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE MASTER
PURCHASE AGREEMENT FOR THE UHF SMARTZONE COMMUNICATIONS SYSTEM BETWEEN THE
CITY OF BURBANK AND MOTOROLA, INC.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Ramos, Vander Borght
and Murphy.
Noes: Council Member Golonski.
Absent: Council Members None.
|
|
907
801-2
Reward Leading
To the Capture
Of the Suspect
In the Police
Officer Shooting |
Ms. Alvord, City
Manager, reported that in the aftermath of the ruthless killing of Officer
Matthew Pavelka, the Burbank Police Department, with much appreciated
assistance from many other agencies, has worked tirelessly to apprehend
those responsible for this murder. She added that on
Thursday, November
20, 2003,
Chief Hoefel felt that the time was right for a reward to be offered to
aid in the capture of David A. Garcia, the suspect in this case. She
stated that after consulting with Mayor Murphy, a reward of $50,000 was
offered for information leading to the suspect�s arrest. She noted that
although this amount is within the City Manager�s purchasing authority as
authorized by the Council, staff recommended that this action be formally
ratified.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �the
following resolution be passed and adopted:�
|
|
907
801-2
Reward Leading
To the Capture
Of the Suspect
In the Police
Officer Shooting |
RESOLUTION NO. 26,611:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL
YEAR 2003-2004 BUDGET FOR THE PURPOSE OF APPROPRIATING FUNDS IN THE AMOUNT
OF $50,000 FOR THE PURPOSE OF PROVIDING A REWARD FOR INFORMATION LEADING
TO THE CAPTURE OF THE SUSPECT IN THE POLICE OFFICER SHOOTING.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
|
1503
Renewable
Portfolio
Standard |
Mr. Fletcher, Assistant General Manager, Burbank Water and Power/Power
Supply, presented Burbank Water and Power�s Renewable Portfolio Standard (RPS)
for Council approval to comply with Senate Bill (SB) 1078. He explained
that SB 1078, which became law on
January 1, 2003,
provides specific guidelines to Investor Owned Utilities (IOU) in
developing and implementing an RPS, and orders municipal electric
utilities to devise local standards in light of the legislation's public
policy goals. He further explained that the legislation required that:
IOUs have a target of 20 percent renewable energy sources by 2017; no rate
increase needed to occur to achieve the goal; spending on renewables be
limited to the Public Benefits Charge; and, the resources eligible for
renewables remain as set by SB 1078. He added that for municipal systems,
the Councils are to approve the RPS, set targets and schedules, and
approve rate impacts and resource eligibility.
Mr. Fletcher stated that BWP�s current energy resources are as follows:
50 percent from the Intermountain Power Project, a coal fired resource;
four percent from Palo Verde Nuclear Generating Station; three percent
from Hoover Dam, a hydro-electric resource; Bonneville Power
Administration; and, the Olive and Lake One power plants which use natural
gas. He added that the proposed RPS allows for the use of green tickets
on an as-needed basis with a goal of developing alternatives to green
tickets. He also stated that staff did not anticipate hydro-electric
generation to be a significant renewable resource in view of its potential
impacts on the environment. He then discussed several policy and
implementation issues such as the uncertain future load growth which is
dependent upon the weather, economy and conservation and the challenge of
using existing contracts to secure renewable resources.
Mr. Fletcher then discussed the implementation strategy and the qualifying
resources, and stated that renewable resources will be procured to the
extent they fulfill unmet needs identified in BWP�s Integrated Resource
Plan. He noted that BWP will not uneconomically terminate, abrogate or
otherwise end any existing long term contract in order to meet the
renewable target portion of its energy portfolio. He also explained that
in considering the appropriate prices for renewable resources, staff will
consider, but not be limited to, the price benchmarks set by the
California Public Utilities Commission for the State�s IOUs and shall
include the costs associated with transmission. He then discussed the
limit of subsidies, and added that the addition of renewable energy
resources should not materially increase system-wide rates.
Mr. Campbell
inquired about the possibility of limiting green ticket expenditures to
local projects; how determination will be made on what constitutes low
hydro-electric generation; and, requested that a progress report on the
RPS implementation be provided every four years.
|
|
Motion |
It was moved by Mrs. Ramos and seconded by Mr. Campbell that �the Renewal
Portfolio Standard for Burbank Water and Power be adopted.�
|
|
Carried |
The motion carried by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
|
1206
Charter Comm.
Rate Order |
Mr. Morillo, Senior
Assistant City Attorney, requested that the Council issue a Rate Order
directing Charter Communications, the local cable television system
operator, to refund or credit its subscribers the rate increase for basic
cable service charged in the months of March, April and May 2003; and to
make the modifications to its December 2002 Federal Communications
Commission (FCC) Form 1240 submitted to the City and implement the other
corrective actions indicated in the report to the City from Front Range
Consulting dated November 14, 2003. He explained that the recommended
action was based on the fact that the rate increase was implemented three
months before Charter Communications could do so legally under FCC
regulations. If approved, he stated that the refund to each subscriber
would be approximately $0.65 per month.
Mrs. Ramos inquired
whether Charter Communications could provide a refund with interest and
Mr. Morillo responded that the FCC regulations require that any refunds be
given with interest at the rate prescribed by the Internal Revenue
Service. He also clarified that the City had no ability to impose fines or
penalties on Charter Communications. Mrs. Ramos also inquired about the
possibility of rate increases to cover the loss of revenue and Mr. Morillo
responded that Charter Communications had the right to increase rates as
long as they did not exceed the maximum permitted rate.
Ms. Crafts,
representing Charter Communications, gave a brief presentation on the
matter outlining Charter Communications� position. She stated that
Charter Communications will work with the City and refund customers as
required by the pending Rate Order.
|
|
Motion |
It was moved by Mr. Campbell and seconded by Mr. Vander Borght that �the
following resolution be passed and adopted:�
|
|
1206
Charter Comm.
Rate Order |
RESOLUTION NO. 26,612:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK FINDING A REGULATED
CABLE RATE OF CHARTER COMMUNICATIONS TO BE UNREASONABLE, PRESCRIBING A
REASONABLE RATE AND ORDERING A REFUND TO SUBSCRIBERS.
|
|
Adopted |
The resolution was adopted by the following vote:
Ayes: Council Members
Campbell, Golonski, Ramos, Vander
Borght and Murphy.
Noes: Council Members None.
Absent: Council Members None.
|
|
8:45 P.M.
Reconvene Redev.
Agency Meeting |
The Redevelopment Agency meeting was reconvened at this time.
|
|
Final Open
Public Comment
Period of Oral
Communications |
Ms. Murphy called for speakers for the final open public comment period of
oral communications at this time.
|
|
Citizen
Comment |
Appearing to comment were
Mike Nolan,
on monitoring requirements with regard to the prevailing wage policy,
suggesting the City include reverter clauses in Redevelopment Agency
agreements; and, David Piroli, on the quality of service provided by
Charter Communications and urging the Council to not renew their franchise
agreement.
|
|
Staff
Response
|
Members of the Council and staff responded to questions raised.
|
|
Adjournment |
There being no further business to come before the Council, the meeting
was adjourned at 8:52 p.m.
____________________________ s/Margarita Campos
Margarita Campos, City Clerk
|
