Council Agenda - City of Burbank

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 22, June 29, July 6 and July 13, 2004.

Recommendation:

Approve as submitted.

2. CONFIRMING THE ITEMIZED WRITTEN REPORT OF THE AGRICULTURAL COMMISSIONER/DIRECTOR OF WEIGHTS AND MEASURES FOR THE COUNTY OF LOS ANGELES FOR THE ABATEMENT OF WEEDS AND PUBLIC NUISANCES, AND CONFIRMING THE COSTS OF SUCH ABATEMENT AND ASSESSING SUCH COSTS AGAINST CERTAIN REAL PROPERTY:

Staff is requesting Council approval of a resolution confirming and approving the itemized written report submitted by the County of Los Angeles (County) Agricultural Commissioner/Weights and Measures, and the special assessment for the costs to abate certain weeds and debris. This resolution also directs the Agricultural Commissioner to file with the County Auditor, a certified copy of this resolution and a copy of the itemized list of private property costs for abatement work performed by the County.

As in prior years, the purpose of the annual weed abatement program is to remove the nuisance created on certain private properties by weeds and debris. The nuisances are potential fire hazards and serve as a haven for rodents and vectors. Each December, the County provides the City with a list of properties in need of abatement.

On February 10, 2004, the Council adopted Resolution No. 26,651, certifying the County's list declaring that weeds and debris on certain properties were a nuisance and required abatement. After the February 10, 2004 Council meeting, the listed property owners were notified of the status of their parcels. On February 17, 2004, following a public hearing, the Council adopted Resolution No. 26,658 ordering the abatement of nuisances caused by weeds and debris on the declared properties, and authorizing an assessment for costs incurred for abatement work performed by the County.

The property list for abatement certified by Resolution No. 26,651 was provided by the County in December 2003. The County Agricultural Commissioner/Weights and Measures completed the abatement of weeds and debris on all parcels that did not respond to the earlier notice and submitted a report dated June 30, 2003, that identifies the parcels where abatement occurred and the cost of abatement.

Public properties owned by general government (such as the Los Angeles Department of Water and Power), and the Burbank Redevelopment Agency are cleared by the County Weed Abatement Division and are charged for the costs incurred.

The resolution before the Council confirms the report and the assessments against the affected properties, which if confirmed, will be submitted to the Los Angeles County Tax Collector for inclusion in the 2004 and 2005 Property Tax bill. Those property owners who opted to pay their bill outside of this process will not have a lien assessed on their Property Tax bill. The declaration list identifies the 32 properties for which weed abatement services were provided at a total cost of $4,144.24.

The County incurred the costs for clearing certain private properties of weeds and debris and may be reimbursed directly or through the Property Tax bill as a lien against private property. There is no cost to the City General Fund or Redevelopment Agency�s budget for this program, other than incidental administrative costs to coordinate the program.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CONFIRMING THE ITEMIZED WRITTEN REPORT OF THE AGRICULTURAL COMMISSIONER/ DIRECTOR OF WEIGHTS AND MEASURES FOR THE COUNTY OF LOS ANGELES FOR THE ABATEMENT OF WEEDS AND PUBLIC NUISANCES, AND CONFIRMING THE COSTS OF SUCH ABATEMENT AND ASSESSING SUCH COSTS AGAINST CERTAIN REAL PROPERTY.

3. AMENDING THE COMPOSITION AND QUORUM REQUIREMENT FOR THE DOWNTOWN PARKING MANAGEMENT COMMITTEE:

Staff is requesting approval of a resolution amending the existing composition and the quorum basis for the Downtown Parking Management Committee. In April 1992, the Council established an eight-block Central Business District Downtown Parking Area to foster downtown revitalization by easing existing parking requirements stifling the development of restaurant and entertainment uses.

Pursuant to the findings and recommendations of the March 1999 Downtown Burbank Comprehensive Parking Study, the Council established the Downtown Parking Management Committee (DPMC), an ad hoc advisory committee, comprised of the following representation:

� Transportation Commission 1 member

� Planning Board 1 member

� Downtown Stakeholders� Association 1 member

� Media City Center Mall 1 member

� Central Business District 8 members (one per block)

12 members

In February 2001, the DPMC revised their monthly meeting schedule to foster improved member participation; however, on-going absenteeism and vacancies continued to prevent the DPMC from conducting official business due to lack of quorum. In December 2001, pursuant to the DPMC�s recommendation, the Council removed three absentee members, along with the per-block requirement for Central Business District representation to create a larger pool of potential members to fill the existing vacancies.

Despite recruitment efforts, one vacancy has remained to date, and the dissolution of the Downtown Stakeholders� Association in conjunction with the formation of the Downtown Property-Based Improvement District (P-BID) has created an additional vacancy.

Replacing the Downtown Stakeholders� Association representation to the DPMC with P-BID representation and amending the basis for the quorum requirement to a majority of sitting members (as opposed to total membership) will alleviate the existing roadblocks to the effectiveness of the Downtown Parking Management Committee.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE COMPOSITION AND QUORUM REQUIREMENT FOR THE DOWNTOWN PARKING MANAGEMENT COMMITTEE.

4. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS FOR THE ENVIRONMENTAL REVIEW AND TRAFFIC STUDY FOR PLANNED DEVELOPMENT NO. 2003-1, NORTH TRIANGLE/BURBANK MEDIA CENTER:

The purpose of this report is to request Council authorization for the City Manager to amend two Professional Services Agreements (PSA) with Impact Sciences and Kaku Associates for the environmental and traffic review of the project application submitted as Planned Development (PD) No. 2003-1, also known as, 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, submitted four different development scenarios to be considered by the public and the City in processing this new application. The applicant stated their intention of meeting with the community to eventually select one scenario for consideration by the Council. In December 2003, the applicant submitted a letter adding an additional scenario and stated that this new scenario, along with one of the four previously submitted, are the two scenarios they wish to submit for consideration by the City.

Staff completed a contract with Impact Sciences for the environmental review, minus the traffic study, on a sole-source basis because of the firm�s previous experience in this project area. For the Traffic Study, however, the Council gave authorization on August 12, 2003 to allow the City Manager to enter into a contract with Kaku Associates. Because of the new scenario submitted, additional work by the consultants is required and this necessitates amending the contracts to compensate the two environmental firms.

No costs will be incurred by the City by amending the contracts with Impact Sciences and 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 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND IMPACT SCIENCES AND APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND KAKU ASSOCIATES.

5. ACCEPTING A DONATION TO THE BURBANK POLICE DEPARTMENT AND AMENDING THE FISCAL YEAR 2004-05 BUDGET FOR THE PURPOSE OF APPROPRIATING THESE MONIES:

Staff is requesting Council approval and appropriation of monies donated to the Burbank Police Department by Jin and Rebekah Lee.

In June 2004, the Police Department received a donation from Jin and Rebekah Lee, Ultimate Tae Kwon Do Academy, in the amount of $600. In compliance with the wish of the donor, the Department would like to appropriate this money for the Drug and Alcohol Resistance Education (D.A.R.E.) Program. Funding will provide necessary supplies for this on-going program to increase resistance to the impact of gangs, alcohol and drugs.

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING FISCAL YEAR 2004-2005 BUDGET AND ACCEPTING JIN AND REBEKAH LEE�S DONATION OF $600 FOR BURBANK POLICE DEPARTMENT�S DRUG AND ALCOHOL RESISTANCE EDUCATION PROGRAM (D.A.R.E.).

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

REPORTS TO COUNCIL:

6. VIEW PROTECTION IN THE HILLSIDE AREA:

Last year, in response to numerous requests, inquiries and correspondence from property owners and residents in the hillside area, the Council authorized staff to proceed with a two-phase project to potentially develop a viewshed ordinance for the hillside area.

The first phase of the project was to hold community meetings and solicit public input to ensure staff had a good understanding of whether a consensus existed that view regulation was desired and what form it should take; and to ensure the consensus was based on an informed understanding of the limitations and potential impacts of view protection regulations on private property.

The purpose of this item is to present the consultant�s report on public input received at two community workshops held this Spring. The report shows that substantial consensus was achieved on the desire for view protection regulations.

The consultant report also contains a discussion of various options that might be addressed in hillside or view protection regulations and recommendations for proceeding with developing an ordinance. Staff will also present a brief analysis of the consultant�s options in the context of existing Burbank Codes and policies, and an analysis of potential fiscal and other effects for those options that go beyond existing Burbank Municipal Code provisions.

Recommendation:

Direct staff and consultant to proceed with Phase Two of the viewshed ordinance.

7. Fiscal Year 2004-05 City Council Top Ten Goals:

The purpose of this report is to provide the Council with an opportunity to discuss its Fiscal Year (FY) 2004-05 Top Ten Goals as requested during the Council�s Goal Setting Workshop on May 8, 2004. During the workshop, each Council Member listed his or her top ten goals for the upcoming fiscal year. At that time, the Council asked that staff bring back the Council�s top ten goals as an item for discussion during a subsequent Council meeting.

To give the Council an opportunity to identify what activities are already underway to meet its FY 2004-05 goals, staff has provided a list of the City�s FY 2004-05 Work Program items grouped together according to the goals identified by the Council at the Goal Setting Workshop.

Recommendation:

Staff requests that the Council review its Fiscal Year 2004-05 goals and the related Work Program items, discuss its top ten goals as requested at the Goal Setting Workshop, and provide any additional direction to staff as necessary.

8. Proposed Fiscal Year 2004-05 Annual Work Program and Departmental Performance Indicators FOR THE PUBLIC WORKS DEPARTMENT/CAPITAL PROJECTS, POLICE DEPARTMENT AND INFORMATION TECHNOLOGY DEPARTMENT:

The purpose of this report is to provide the Council with the proposed Fiscal Year (FY) 2004-05 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 and activities. The proposed FY 2004-05 Annual Work Program contains over 350 work items that have been identified by each department and suggested by the Council during the past year and the annual Budget Study Sessions.

The FY 2004-05 Departmental 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.

Each Department Manager will present their proposed FY 2004-05 Annual Work Program and Performance Indicators for the Council�s review per the following schedule:

Public Works Department/Capital Projects Police Department Information Technology Department	July 27, 2004
Financial Services Department Library Services Department City Treasurer�s Office City Manager�s Office/City Council Office	August 10, 2004
Management Services Department Park, Recreation and Community Services Department	August 17, 2004
Burbank Water and Power Community Development Department Fire Department	August 31, 2004

Recommendation:

Review and provide direction as desired.

9. PROPOSED AMENDMENT TO THE BURBANK MUNICIPAL CODE RELATIVE TO ESTABLISHING PRIMA FACIE SPEED LIMITS ON VARIOUS STREET SEGMENTS WITHIN THE CITY OF BURBANK:

Staff will present information on the current codes for State speed limits, analyses of the Engineering and Traffic Study, and address the key issues that should be discussed to determine whether changes must be made to the Burbank Municipal Code (BMC). The items that will be covered include:

City Traffic Engineer�s role regarding establishing speed limits;
Current BMC provisions regarding State speed limits;
Recent dismissal of speeding citations;
Traffic Survey findings;
Problems regarding current State speed limit codes; and,
A recommendation to revise the BMC.

Recommendation:

Staff recommends that the Council discuss the matter and give direction as desired.

10. BURBANK WATER AND POWER MONTHLY 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 2004.

WATER UPDATE

Water Quality

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

Year-to-date purchased water cost is slightly higher than budget due to construction of the Liquid Phase Granulated Activated Carbon (LPGAC) units. This reduced operating capacity to 62 percent, compared to the budgeted capacity of 70 percent.

Year-to-date direct operating expenses are lower than budget due to a lower operating capacity and items budgeted but not expensed yet this fiscal year. To date, electricity, chemical, special departmental supplies and private contractual service expenses are approximately $600,000 under budget.

Year-to-date allocated operating expenses such as contractual services, professional services, and special departmental supplies are lower than budget due to shifts of project priorities during the year.

Year-to-date other income is higher than budget primarily due to water treatment and pumping income from Valhalla Memorial Park.

Fiscal Year (FY) 2003-04 Year-To-Date preliminary Water Fund Financial Results as of June 30, 2004:

( ) = Unfavorable

* Excluding Power Plant sales.

FY 2003-04 preliminary Water Fund Financial Reserve balances as of June 30, 2004 are summarized in the following table:

Note: There was a payment of approximately $900k for principal and interest on Fund 497 Bonds due on June 1, 2004.

ELECTRIC UPDATE

Electric Reliability

The following table shows the systemwide reliability statistics for Fiscal Year 2003-04 as compared to Fiscal Year 2002-03:

Reliability Measure	Fiscal Year 2002-03	Fiscal Year 2003-04
Average Outages Per Year	0.16634	0.4077
Average Outage Duration	91.75 minutes	52.66 minutes
Average Service Availability	99.9971%	99.9959%

Financial and Operations Update

Year-to-date retail margins were higher than budget due mainly to a cost savings from power contract negotiations and the resale of coal related to the IPP.

Year-to-date wholesale gross margins were higher than budget due to BWP�s ability to utilize its assets to increase sales in the wholesale market.

Year-to-date other income was higher than budget mainly attributed to the FEMA grant due to the 1994 earthquake for the Sylmar retrofit project.

FY 2003-04 year-to-date preliminary Power Financial Results as of June 30, 2004:

( ) = Unfavorable

FY 2003-04 preliminary Power Fund Financial Reserve as of June 30, 2004 is summarized in the following table:

* Note: There is a payment of approximately $8.8 million for principal and interest on Fund 496 Bonds due on June 1, 2004.

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:

COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, JULY 27, 2004
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

Financial and Operations Update

COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, JULY 27, 2004 5:30 P.M. CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

Financial and Operations Update

TUESDAY, JULY 27, 2004
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE