1.      Proposed Conditional Vacation of a six-inch-wide strip adjacent to Cordova Street between Olive Avenue and Warner Boulevard V-364 (Warner Bros. - Applicant):

The applicant, Warner Bros., is requesting vacation of a six-inch-wide strip along Cordova Street between Olive Avenue and Warner Boulevard to accommodate an encroachment of existing footings for a security wall that has been installed.  The wall was constructed on their property, however, the footings encroached onto City property.  The encroachment has no impact on the street or sidewalk, therefore, the proposed vacation will not alter the current width of the City street or sidewalk.  The proposed vacation will also reserve approximately 73.48 feet by six inches of Cordova Street for a public utility easement.  On January 11, 2005, the Council adopted a Resolution of Intention to Vacate which set the public hearing for Vacation V-364 for February 1, 2005.  All noticing requirements were performed in accordance with the Burbank Municipal Code and the State Streets and Highways Code.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING 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).

2.      PLANNED DEVELOPMENT NO. 2003-3 � BURBANK MEDICAL PLAZA:

The developer, Pacific Medical Buildings, is requesting approval of a Planned Development (PD) to construct two medical office buildings totaling 155,000 square feet. The proposed project involves the construction of a 55,000-square foot cancer center, a 100,000-square foot medical office building and associated parking garages. The site is currently developed with a 72,000-square foot medical office building. Additionally, a Zone Text Amendment (ZTA) is proposed to eliminate the MDC-3(M) Media District General Business � Commercial - Medical Zone from the Burbank Municipal Code.

In 1999, the Council approved a Conditional Use Permit to allow the construction of a 70-foot, 72,000-square foot medical office building on the subject property. The Council also approved a General Plan Amendment and Zone Map Amendment, which changed the zoning of the property to MDC-3(M).  In 2003, construction was completed on a four-story, 72,000-square foot medical office building with a height of 57�-6�.

The proposed medical office building will be located directly to the west of the existing medical office building. The new building will be five stories (69 feet) tall and maintain a setback of 9�-6� from Alameda Avenue and 13�-8� from Frederic Street.  The cancer center is proposed to be located to the north of the existing building on the opposite side of the vehicular entrance from Buena Vista Street.  The center, which is affiliated with Providence St. Joseph Medical Center, is intended for outpatient procedures.  The proposed building will be four stories with a maximum height of 55�-6� and maintain a setback of 11�-6� along Buena Vista Street.  The building will have a stairstep design with a maximum height of 50 feet along Buena Vista Street and extending to 55�-6� towards the interior of the property.

The proposed PD would change the zoning of all properties that are presently zoned MDC-3(M).  The MDC-3(M) zone, which was intended for the development of medical uses and related services, is only located on the project site.  As such, a ZTA is proposed to eliminate the MDC-3(M) zoning from the Burbank Municipal Code.

Pursuant to the California Environmental Quality Act, a Mitigated Negative Declaration has been prepared for the project.  The Mitigated Negative Declaration indicates that, with the proposed mitigation measures, the project will not result in a significant impact on the environment.

On November 29, 2004, the Planning Board conducted a public hearing regarding the proposed amendment.  At the completion of the public hearing, the Board recommended approval of the application to the Council by a vote of 4-0.

Recommendation:

Adoption of proposed resolution entitled:

1.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A MITIGATED NEGATIVE DECLARATION (BURBANK MEDICAL PLAZA) (PROJECT NO. 2004-177).

Introduction of proposed ordinances entitled: 

2.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PLANNED DEVELOPMENT NO. 2003-3 AND A DEVELOPMENT AGREEMENT RELATED THERETO (BURBANK MEDICAL PLAZA).

3.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE TO ELIMINATE THE MDC-3(M) ZONE (PROJECT NO. 2004-177 � ZONE TEXT AMENDMENT).

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 3 through 6)

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.      MINUTES:

Approval of minutes for the regular meetings of November 23 and November 30,  2004.

Recommendation:

Approve as submitted.

4.      Magnolia Park Community Advisory Committee AppointmentS:

The purpose of this report is for the Council to appoint members to the Magnolia Park Community Advisory Committee (CAC) from the qualified applicants.

On September 21, 2004, staff outlined recent activities involving the Magnolia Park CAC including the consideration of an Action Plan and options for filling vacancies on the Magnolia Park CAC.  Although the Committee continued to maintain a quorum, three of the 15 members had resigned due to the sale or relocation of their businesses.  Because all three of the Committee members who had resigned were business person appointees, the current make-up consists of eight residents and four business persons.  Staff recommended that the Council request new applications to fill the three vacant positions for business and/or commercial property owners.

The Council directed staff to advertise for new business and/or commercial property owner applications to fill the three existing vacancies.  The deadline for submitting applications to the City Clerk�s office was November 22, 2004 at 5:00 p.m.  Staff received four applications, and has determined that three meet the minimum requirements of being a business and/or commercial property owner within the Magnolia Park District.  The applications were received from:  John M. Cottrell; Ian Fagan; and, March Modrow.

Recommendation:

Staff recommends that the Council appoint three new business and/or commercial property owner members to the Magnolia Park CAC.

5.      APPROVAL OF FINAL CHANGE ORDER FOR BID SCHEDULE NO. 1119, CHANDLER BOULEVARD BIKEWAY PROJECT AND APPROPRIATION OF PROPOSITION C FUNDS:

Staff requests Council approval of the final change order for Bid Schedule No. 1119, Chandler Boulevard Bikeway Project, and the appropriation of $86,875.36 of Proposition C funds.

The Chandler Boulevard Bikeway Project is approximately a two-mile long, landscaped, Class-I bikeway on the Chandler Boulevard median from Clybourn Avenue to Mariposa Street.  The scope of work included construction of a Portland Cement concrete bikeway and pedestrian path, curb, gutter, pedestrian ramp, sidewalk, asphalt pavement, earthwork, signing, striping, traffic signal modifications, landscape planting and reclaimed water irrigation.  The scope of work also included coordination with the Metropolitan Transportation Authority�s contractor, who installed a fiber optics conduit along the south side of the bikeway.

Valley Crest Landscape Development submitted the lowest bid of $1,778,253 and was awarded the contract in November 2003.  The construction of the bikeway started in January 2004.  During construction, numerous enhancements were made to the original design to provide a level of service to the public expected for a facility of this type.  A few such enhancements included:

• Additional earthwork excavation to the embankment and export of the existing median soil so that the bikeway would not be constructed too high above the street level;

• Installation of fences where steep side slopes could not be avoided;

• Installation of bollards on both sides of all intersections to reduce the probability of motor vehicles unintentionally entering the bikeway;

• Installation of a remote controlled irrigation system to better manage the reclaimed water use;

• Installation of �Doggie Pots� along the bikeway to dispense plastic bags and collect pet waste; and,

• Installation of additional benches and trash receptacles for public convenience and litter reduction.

This final change order of $373,401.20 increases the contract price by 21 percent to $2,151,654.20, which is still $23,603.67 below the original engineer�s estimate of $2,175,257.87.

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2004-2005 ANNUAL BUDGET TO APPROPRIATE $86,875.36 OF PROPOSITION C FUNDS, AND APPROVING A FINAL CHANGE ORDER FOR BID SCHEDULE NO. 1119 (CHANDLER BOULEVARD BIKEWAY PROJECT).

6.      AMENDING THE FISCAL YEAR 2004-05 ANNUAL BUDGET FOR THE POLICE DEPARTMENT TO INCLUDE GRANT FUNDS RECEIVED FROM THE STATE OF CALIFORNIA:

Staff is requesting Council approval of a resolution appropriating funds already received from State Citizen�s Option for Public Safety (COPS) grant funding in the amount of $154,755, and amending the Fiscal Year 2004-05 annual budget.

In 1996, Assembly Bill 3229 was enacted as part of the State budget package.  This bill established the COPS program which provides funding to local law enforcement agencies, based on population, for the purpose of ensuring public safety.  To date, the City has received a total of $1,890,639 in State COPS funding.   State COPS funds must be appropriated for the purpose of providing front line police services such as personnel, equipment, crime prevention/anti-gang programs and cannot be used to supplant the City�s current law enforcement funding.

Historically this funding has been used toward the matching requirement for the Federal COPS grant, which originally awarded $675,000 for nine additional officers.  All officers originally obtained via the Federal COPS grant have now been absorbed into the Police Department budget.  On October 20, 2004, the City received $154,755 in State COPS funds to continue funding officers working in community policing positions.

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2004-2005 BUDGET FOR THE PURPOSE OF RECEIVING AND APPROPRIATING STATE CITIZEN�S OPTION FOR PUBLIC SAFETY GRANT PROGRAM FUNDS IN THE AMOUNT OF $154,755 FROM THE STATE OF CALIFORNIA.

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

REPORTS TO COUNCIL:

7.      APPOINTMENT TO AN UNEXPIRED VACANCY ON THE BURBANK WATER AND POWER BOARD:

The purpose of this report is to request that the Council consider making one appointment to the Burbank Water and Power Board for an unexpired term ending June 1, 2007.  The vacancy was created by the resignation of Board Member Janice Slaby.

On November 10, 2004, the City Clerk�s Office began advertising and accepting applications for the vacancy on the Burbank Water and Power Board.  This vacancy was advertised in the local newspapers, posted on the City Website and notices were run on the Channel 6 scroll in order to obtain qualified candidates.  As of the December 23, 2004 deadline, seven applications were received from:  Jim J. Norris; Rod Kurihara; David B. Ahern; Leonard H. Kushner; Gordon A. Bowers; Mike M.W. Chapman; and, Timothy R. Cherry, who withdrew his application on December 14, 2004.

The Burbank Water and Power Board is comprised of seven members appointed by the Council and meets on the first Thursday of each month at 5:00 p.m.  The Board is responsible for reviewing and making recommendations on:  capital improvements; purchased power agreements; the annual budget; electric and water rates; contract awards for goods and services; and, public works construction projects.

It should be noted that all Board, Commission and Committee members serve without compensation from the City and no person shall serve on more than one Board, Commission, or Committee (established by the Burbank Municipal Code) at the same time.  In addition, any person appointed to be a member of a Board, Commission or Committee must be an elector of, and actually reside in, the City of Burbank.

Recommendation:

Staff recommends that the Council consider the six applications submitted and make one appointment to the unexpired term on the Burbank Water and Power Board ending June 1, 2007.

8.      Downtown Burbank Partnership, Inc. Annual Report and Assessment:

As part of the Redevelopment Agency�s (Agency) and Council�s efforts to improve Downtown, a Property�Based, Business Improvement District was formed to fund a variety of improvements in partnership with Downtown Burbank property owners.  On July 22, 2003, the Council approved the Business Improvement District and on October 28, 2003, the Council appointed the first Board of Directors for the organization now known as the Downtown Burbank Partnership, Inc.  The Annual Report is required to be prepared in accordance with the State of California Property and Business Improvement District Law of 1994 and Article XIII D of the California Constitution.

The Annual Report outlines, among other things, the improvements and activities undertaken during the fiscal year.  In accordance with the above-cited law, this report is required to be considered for approval by the Council.  In addition, the Council will consider approving the assessment for the current fiscal year, which remains unchanged from the prior year.

Beginning each January, the District receives approximately $720,000 from the Los Angeles County Tax Assessor�s Office from Property Taxes paid by Downtown property owners, excluding residential and non-profit property owners.  The total annual assessment to the City and Agency is approximately $123,000 per year; however, the Agency agreed to pay the City�s and Agency�s five-year share up front to help pay for capital items that could be installed sooner rather than later, such as holiday decorations, wayfinding and smart signage.

The proposed Annual Report outlines:  the boundaries of the District; the property owner assessment formula; and, highlights the accomplishments of the Management District Plan.  The Annual Report also includes the 2004 Annual Budget and 2004 Financial Statement, and an outline of activities for 2005.

During 2004, capital improvements have been initiated with the installation of new holiday d�cor. The Downtown Burbank Partnership, Inc. has also improved maintenance and security with additional cleanings and a Goodwill Ambassador Program to provide guides who help answer questions and give directions to new visitors, while acting as �eyes and ears� for the Burbank Police Department.  The marketing theme, �Come Out and Play�, was given special emphasis with a full schedule of six new events:  Swinging Sounds from Downtown; Beach Party Nights; Taste of Downtown Burbank; Downtown Burbank Fine Arts Festival; Booo-tiful Downtown Burbank; and, 12 Days of Holiday Cheer.

In March 2005, the Wayfinding Program will be installed.  Also, marketing efforts will continue to invite exciting new retailers to Downtown.  Hardscape and landscape improvements will be introduced to spruce up San Fernando Boulevard and adjacent paseos.  In conjunction with the finalization of the City�s Parking Management Plan, Smart Parking will also be proposed to help visitors find the most accessible parking structures.  Lastly, more special events will be held throughout the year.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE ANNUAL REPORT AND LEVYING THE SECOND ASSESSMENT FOR THE DOWNTOWN BURBANK PROPERTY AND BUSINESS IMPROVEMENT DISTRICT.

9.      Police Officer Recruitment:

Currently, there are seven vacant police officer positions and the Burbank Police Department has been attempting to fill the positions for months.  Current recruitment efforts have been completely unsuccessful, and the problem is approaching a critical stage.  As a result, the Police Department was directed to explore ideas to attract qualified police officer applicants, and the following options may enhance recruitment efforts:

Salary

Researching comparative compensation packages for police agencies is easily done by visiting the various police department recruiting web sites to conduct informal salary surveys.  The impending settlement of the Burbank Police Officer�s Association contract will hopefully have a positive effect on recruiting efforts.

Cadets

Two Cadet positions were eliminated in the Fiscal Year 2004-05 budget.  These two positions could be reinstated immediately, and additional cadets could be added in future budget years.

Monetary Incentives

A number of monetary incentives could be used to enhance recruiting efforts:

Finder�s Fee

A $1,000 incentive for any City employee who recruits an applicant who successfully completes the background process and is hired as a police officer.

Signing Bonuses

A $2,000 payment to any police recruit applicant who successfully completes the probationary process.  Half of the money would be paid after the completion of the police academy, and the other half paid at the end of the probationary process.

A $5,000 payment to any lateral entry officer who transfers to the Burbank Police Department from another California law enforcement agency.  Half of the incentive would be paid upon the initial hiring, and the remaining half paid upon successful completion of the one-year probationary period.

Vacation Accrual

Allow lateral transfers to apply their years of law enforcement service for the purpose of vacation accrual.  For example, a five-year veteran Sheriff�s Deputy who was hired by the Burbank Police Department would begin to accrue vacation at the rate of three weeks per year instead of the two weeks usually awarded to newly-hired employees.

Fiscal Impact

Reinstating the two vacant Cadet positions would increase the Department�s budget by approximately $46,000, and if approved, could be added to the mid-year revisions.

The other proposed recruiting incentives would result in a maximum of $6,000 per position (a lateral referred by a current employee).  If all vacancies were filled with lateral entry officers, a total of $42,000 would be paid.  Salary savings from the seven vacant positions could be used to fund all the proposed recruiting enhancements during the current fiscal year.  In subsequent fiscal years, salary savings from vacant police officer positions would be used to fund the cost of the recruitment incentives, resulting in no increase to the Police Department�s budget.

Recommendation:

Staff recommends that Council restore the Cadet positions and implement the monetary incentives.  An annual review of the recruiting process should be provided to Council to determine whether to retain the incentives.

ADOPTION OF PROPOSED ORDINANCES:

10.    BOB HOPE AIRPORT DEVELOPMENT AGREEMENT AND RELATED ACTIONS:

On January 18, 2005, the Council held a public hearing to consider the adoption of a Development Agreement and related project approvals affecting development at the Bob Hope Airport.  The deliberations were continued to January 25, 2005.  The Council, on January 25, 2005, introduced several ordinances to:  1) approve a Development Agreement between the City of Burbank and the Burbank-Glendale-Pasadena Airport Authority, proprietor of the Bob Hope Airport; 2) rezone a portion of  the property generally located at 2729 North Hollywood Way at the terminus of Winona Avenue (Parking Lot A)  from M-2 Zone to the Planned Development Zone; 3) rezone the property generally located at 2555 North Hollywood Way (A-1 North Property) from the M-2 Zone to the Planned Development Zone; 4) amend Sections 31-203 et seq. of Chapter 31 of the Burbank Municipal Code �regulations of structure heights within areas around the Bob Hope Airport; and, 5) amend Sections 7-1801 et seq. of Chapter 7 of the Burbank Municipal Code- regulations related to noise insulation in residential structures.  

Recommendation:

Adoption of proposed ordinances entitled:

1.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BURBANK AND THE BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY CONCERNING THE BOB HOPE AIRPORT.

2.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A PLANNED DEVELOPMENT FOR PROJECT NO. 2004-169 (BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, APPLICANT) (A-1 North Property).

3.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A PLANNED DEVELOPMENT FOR PROJECT NO. 2004-170 (BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, APPLICANT) (Parking Lot A Property).

4.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 7 OF THE BURBANK MUNICIPAL CODE RELATING TO NOISE ATTENUATION IN RESIDENTIAL STRUCTURES.

5.      AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO HEIGHTS WITHIN AIRPORT APPROACH AREAS.

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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