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 � Anticipated Litigation (City as possible plaintiff):

Pursuant to Govt. Code �54956.9(c)

Number of potential case(s):  1

 

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

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s):  1

 

c.      Conference with Labor Negotiator:

Pursuant to Govt. Code �54957.6

Name of the Agency Negotiator:  Management Services Director/Judie Sarquiz.

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.

 

d.      Public Employee Performance Evaluation:

Pursuant to Govt. Code �54957

Title of Employee�s Position:  City Manager and City Attorney.

 

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:                                        

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:             OPEN HOUSE AND TOWN HALL FORUM ON AIRPORT

                                               DEVELOPMENT AGREEMENT AND RELATED ACTIONS.

 

RECOGNITION:                    ST. FRANCIS XAVIER VARSITY FOOTBALL TEAM.

 

RECOGNITION:                    BURBANK TOURNAMENT OF ROSES ASSOCIATION.

 

 

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).

 

 

AIRPORT AUTHORITY MEETING REPORT:

 

1.      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 meeting agendas of December 20, 2004 and January 3, 2005.  Other Airport-related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

6:30 P.M. PUBLIC HEARING:

 

2.      PLANNED DEVELOPMENT NO. 2003-1 � PROPERTY BOUNDED BY ALAMEDA AVENUE, LIMA STREET, OLIVE AVENUE AND PROPERTY ADJACENT TO THE 134 FREEWAY OFF-RAMP � APPLICANT:  PW, LLC (aka:  THE PLATT COMPANIES):

 

The purpose of this report is for the Council to consider the second reading of an ordinance to approve a mixed use development in the Media District.  On December 7, 2004, the Council held a public hearing to consider a proposal by PW, LLC to construct a mixed used project.  After public testimony, rebuttal from the applicant and Council deliberation, the Council voted 4-1 to:  adopt the Water Supply Assessment; certify the Environmental Impact Report; amend the General Plan for this site; conditionally vacate the street and alleys; conditionally approve the vesting tentative tract map; and, complete a first reading to adopt the ordinance approving the Planned Development with the accompanying Development Agreement and conditions.

 

The Council made these approvals subject to modifications to the project which include:  reducing the height of the tallest building to 103 feet (from 133 feet); reducing the number of residential units to 250 (from 298); eliminating the health club; requiring that the project be built in one phase if possible or a maximum of two; and, other changes.  The Development Agreement and Conditions of Approval have been amended to reflect these changes.

 

An Addendum to the Environmental Impact Report that was certified by the Council has been prepared stating that the modifications made to the project at the December 7, 2004 public hearing have been adequately studied and do not result in new or greater significant impacts than those already identified.  Additionally, should the Council move a second reading of the ordinance, staff has prepared a resolution modifying the California Environmental Quality Act findings to more accurately depict the modified project.

 

Recommendation:

 

1.      Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MODIFYING THE FINDINGS OF ENVIRONMENTAL EFFECT OF THE BURBANK MEDIA CENTER PROJECT.

 

2.      Adoption of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PLANNED DEVELOPMENT NO. 2003-1 AND A DEVELOPMENT AGREEMENT RELATED THERETO (BURBANK MEDIA CENTER PROJECT � PW LLC, APPLICANT).

 

 

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:

 

 

JOINT MEETING WITH THE REDEVELOPMENT AGENCY:

 

3.      Discussion of Loans for Non-Profit Organizations:

 

Pursuant to a request by Mayor Ramos at the November 2, 2004 Council meeting, the purpose of this report is to provide the Redevelopment Agency Board and Council information to discuss a low-interest loan program for local community-based non-profit organizations to purchase or build new facilities.

Recommendation:

 

Staff requests direction on how to proceed with this matter.

 

 

CONSENT CALENDAR: (Items 4 through 11)

 

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.

 

4.      ACQUISITION AND SETTLEMENT AGREEMENT TO PURCHASE 206 EAST CEDAR AVENUE (GREG AND LINDA OWENS) AND PURCHASE AND SALE AGREEMENT TO SELL 461 NORTH VARNEY STREET (CITY OF BURBANK):

 

The purpose of this report is twofold: 1) to present information necessary for the Redevelopment Agency Board (Board) to consider approval of an Acquisition and Settlement Agreement to purchase property located at 206 East Cedar Avenue owned by Greg Owens and Linda Owens; and, 2) to present information necessary for the Council to consider approval of a Purchase and Sale Agreement to sell City-owned property at 461 North Varney Street to Greg and Linda Owens.

 

On June 29, 2004, the Board and Council approved a Disposition and Development Agreement and development entitlements for development of a 33-unit residential project by the Olson Company.  The project is located on the former Lance site in the South San Fernando Redevelopment Project Area.  The project site encompasses 700-722 South San Fernando Boulevard and 206 East Cedar Avenue. According to the Schedule of Performance, escrow is projected to close by March 31, 2005.

 

To date, the Redevelopment Agency (Agency) has acquired two of the three properties necessary for the site.  The third remaining property is a 2,033 square foot parcel located at 206 East Cedar Avenue, which is owned by Greg and Linda Owens. The parcel is vacant of buildings but is used as a storage lot.  An �all inclusive� Acquisition and Settlement Agreement has been negotiated between the Agency and the Owens� for a total of $160,000.  Under the proposed terms, the Owens will vacate and sell their property on Cedar Avenue to the Agency and purchase the City-owned property located at 461 North Varney Street for $310,000.

 

The property located at 461 North Varney Street consists of a 5,497 square foot parcel which is improved with a 992 square foot single-family residence constructed in 1940.  It was acquired by Burbank Water and Power (BWP) for $352,000 in May 2003 as a requirement of the Southern California Public Power Authority (SCPPA) in order to remove a residential use within close proximity to the new Magnolia Power Plant.  BWP staff has agreed to this proposed sale.  Additionally, the sale of this property was recently approved by SCPPA on September 16, 2004. 

 

Additional costs for escrow, title and permit fees, overhead utility relocation and lead paint and asbestos abatement are estimated at $28,000 and are proposed to be paid by the Agency.  Therefore, total Agency costs for acquiring and relocating the Owens will be approximately $188,000.  Staff is requesting Board approval of an Acquisition and Settlement Agreement for the Cedar property and Council approval of a Purchase and Sale Agreement for the Varney property. Acquisition of the Cedar property will complete the assemblage of property needed for the development of the former Lance site.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BURBANK AND GREG AND LINDA OWENS (461 NORTH VARNEY STREET).

        

 

5.      RESOLUTION OF INTENTION FOR CONDITIONAL VACATION V-364 FOR CORDOVA STREET (WARNER BROS.):

 

The applicant, Warner Bros., is requesting the vacation of the six-inch wide strip to accommodate the encroachment of existing footings for a security wall that has been installed.  The wall was placed on their property, however, the footings encroached onto City property.  The encroachment has no impact on the street or sidewalk.  The vacation of the easement for public street purposes would affect only parcels already owned by Warner Bros.  The proposed Resolution of Intention will set a public hearing date of February 1, 2005 to consider the vacation of an easement for public street purposes.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENTION TO CONSIDER THE CONDITIONAL VACATION OF A PORTION OF THE RIGHT-OF-WAY ALONG CORDOVA STREET BETWEEN OLIVE AVENUE AND WARNER BOULEVARD, AND RESERVING A PUBLIC UTILITY EASEMENT (V-364).

 

 

6.      AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ULTRASYSTEMS TO COMPLETE AN ENVIRONMENTAL IMPACT REPORT FOR THE MOBILITY AND LAND USE ELEMENTS:

 

Staff requests Council approval of an amendment to the Professional Services Agreement (PSA) with Ultrasystems Environmental, Inc. to complete preparation of an Environmental Impact Report for the Mobility Element and an update of the Land Use Element of the General Plan.

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE TENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND ULTRASYSTEMS ENVIRONMENTAL, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT.

 

 

7.      APPROVING AND AUTHORIZING EXECUTION OF A MULTI-YEAR LEASE AGREEMENT BETWEEN THE CITY AND OCE NORTH AMERICA, INC. FOR A COLOR COPIER AND SOFTWARE:

 

The purpose of this report is to request Council approval to enter into a five-year lease with OCE North America, Inc. (OCE) to lease a color copier and acquire DocWorks software that will strengthen the Management Services Department�s ability to provide cost effective and efficient printing services to all City departments.

 

The goal of Management Services� Reprographics Center is to provide the most cost effective and efficient printing services available to each department.  In an effort to accomplish this goal, a gap analysis was conducted between customer needs and service provisions.  The lack of in-house color printing services, as well as electronic submittal of job orders, were among several customer needs identified.  Each year, over 240,000 color impressions are out sourced by the various City departments at a cost of approximately $60,000 per year.  Management Services believes it could provide this service in-house in a more convenient and cost effective manner with the current staff.  Given the right resources and tools, the Reprographics Center could handle approximately 95 percent of all City color and black and white printing needs. 

 

As such, ten months ago staff started the process of looking into the purchase and/or lease of a color copier as well as software that would enable departments to submit print jobs electronically.  Staff ultimately found that OCE was the company with the preferred color copying equipment and software in the industry.  The City already had a long-standing, good working relationship with OCE as they are the manufacturer of the City�s black and white copy machine.  Staff began discussions with OCE and ultimately determined that a lease was a better option as it was more cost effective and would place the City in a better position to update the technology in a timely fashion, as this is an ever changing industry. 

 

The most economical route is to enter into a five-year fixed price lease with OCE to obtain a color copier that has been used in their main offices for demonstration purposes.  The lease will cost approximately $48,300 annually which includes the pro-rata share of the five-year lease, as well as machine maintenance, software and supplies for 240,000 impressions per year.  Additionally, a one-time allocation of $25,000 is needed to purchase the DocWorks software which provides for the electronic management and acceptance of print jobs.  These funds are available in the 535 Fund from accumulated capital recovery for Reprographic Center machinery that will not be replaced and will be transferred to the 537 Fund.