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 � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case:  City of Burbank, a public entity vs. Southern California Edison, a California Corporation; Parr Electric and Does 1 through 100, inclusive.

Case No.:  EC038100

Brief description and nature of case:  City seeks reimbursement for underground damages during construction.

 

b.      Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case:  Nolan v. Alvord.

Case No.:  LASC Case No. BS092136

Brief description and nature of case:  Taxpayer suit seeking injunction against paying legal fees from special airport counsel.

 

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.

5:00 P.M.

 

 

INITIAL OVERVIEW OF FISCAL YEAR 2005-06 BUDGET AND FIVE-YEAR FORECAST STUDY SESSION:

 

The purpose of this study session is to provide the Council with a preview of the City�s Fiscal Year (FY) 2005-06 Proposed Budget, primarily concentrating on the City�s General Fund.  Traditionally, the first preview of the budget is presented to the Council at the annual May Goal Setting Workshop and would also include a review of the City�s third quarter financial status.  However, due to the fact that the City is dealing with significant budget challenges, staff felt that it was essential to meet with the Council sooner during the budget process.  Meeting in April will give staff the ability to highlight the proposed budget recommendations before presenting a proposed budget document and a program budget detail in early May.

 

Recommendation:

 

Staff recommends that the Council review the proposed budget recommendations for the Fiscal Year 2005-06 Budget prior to a proposed budget document being presented in early May.  Staff further recommends that the Council incorporate this year�s Department Budget Study Sessions into existing Tuesday night Council meetings, similar to last year.  The study sessions for this year have been scheduled for the following Tuesdays: May 10, May 17 and May 24, 2005.

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:             BOARDS, COMMISSIONS AND COMMITTEE VACANCIES.

 

RECOGNITION:                    BOOKS FOR BURBANK.

 

PROCLAMATION:               ARMENIAN GENOCIDE REMEMBRANCE.

 

 

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 agenda of April 18, 2005.  Other Airport-related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

6:30 P.M. PUBLIC HEARING:

 

2.      ZONE TEXT AMENDMENT NO. 2004-161 AMENDING REGULATIONS FOR RESIDENTIALLY-ADJACENT LATE NIGHT HOURS/OPERATIONS:

 

Last year, the Council directed staff to present a Zone Text Amendment (ZTA) to amend the �Residentially-Adjacent Commercial and Industrial (RACI) Uses� to make the definition of �Late Night Hours� therein consistent with the definition of �nighttime�  hours in the Noise Ordinance.  The RACI Ordinance defines Late Night Hours as �midnight to 6:00 a.m.�  The Noise Ordinance defines �nighttime� as 10:00 p.m. to 7:00 a.m.  The RACI Ordinance places restriction on commercial and industrial businesses within 50 feet of a residential zone, while the Noise Ordinance operates citywide.

 

Staff finds that the proposed ZTA has the potential to affect the operations of a significant number of businesses; particularly start-up businesses, but also existing late night businesses that want to extend their hours or expand in size (floor area).  The staff report contains a discussion of the estimated number, type, location, etc. of businesses potentially affected by the proposed ZTA, and also discusses some alternatives to the proposed change in Late Night Hours such as later hours on weekend evenings, requiring Administrative Use Permits (AUPs) rather than Conditional Use Permits (CUPs) and other possible options.

 

The Planning Board considered this ZTA at its regular meeting on February 14, 2005. The Board recommended against adoption of any amendments to the RACI Ordinance until a study could be done to better understand the nature of residentially- adjacent noise complaints.  There is some evidence that a fairly small number of business operations have historically been responsible for a disproportionate number of complaints.  The Board recommended that Planning staff study noise complaints for a period of six months to one year.  The information collected would be used to determine if a more narrowly-targeted amendment or other alternative such as enforcement would be more effective than an across-the-board restriction of the type proposed by this amendment.

 

Recommendation:

 

Staff concurs with the recommendation of the Planning Board that the City undertake a targeted study of residentially-adjacent noise complaints before deciding to adopt more restrictive Late Night Hours regulations.  Planning staff is prepared to undertake such a study in conjunction with the License and Code Services staff to study the geographic distribution, particular sources and times of noise complaints to determine if targeting certain locations or types of activities, or noise sources would be more effective than a broad based approach.  Staff estimates that a period of six months to one year would be an adequate time for such a study.

 

 

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 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.

 

3.      UPDATE ON THE FISCAL YEAR 2004-05 INSURANCE PROGRAM AND PROJECTIONS FOR THE FISCAL YEAR 2005-06 INSURANCE PROGRAM:

 

Last year, a presentation was made to the Council outlining the Fiscal Year (FY) 2004-05 insurance program.  The Council was presented with projections of cost and indications of what staff expected for the next insurance program year.  In follow-up to that report, this update shows what insurance was put in place, what the significant changes to the program were, and what the overall cost of each insurance coverage was.  In addition, it gives projections for the Fiscal Year (FY) 2005-06 insurance program.

 

The Management Services Department/Risk Management and Safety Division is responsible for purchasing insurance coverage for all City facilities, operations and employees.  Over the past few years, insurance premiums and deductibles have been increasing significantly.  In an attempt to address this difficult financial situation, staff implemented two major changes, self-insurance and pooled insurance, to the FY 2004-05 insurance program which will be maintained for the FY 2005-06 insurance program. 

 

By self-insuring certain coverages and by joining pools for the City�s largest exposures, staff was able to reduce the FY 2004-05 overall insurance cost by $395,179, over the FY 2003-04 program.  Those coverages that were self-insured totally included Accidental Death and Dismemberment (AD&D) at a cost of $100,000 and Earthquake at a cost of $500,000.  While staff expects the AD&D coverage cost to remain constant at $100,000, the Earthquake fund will have $500,000 deposited to it yearly until at least a $5,000,000 reserve is established.  Additions to this fund will then be re-evaluated to determine what might be an appropriate fund reserve at that time.

 

For the City�s liability coverage, the City joined the Authority for California Cities Excess Liability (ACCEL); a risk sharing pool which the City was previously a member of from 1986-1998.  The City also joined a Workers� Compensation pool, California Public Entity Insurance Authority (CPEIA) for the first time and have experienced significant premium savings. 

 

Staff anticipates that the FY 2005-06 insurance program be maintained substantially  as the current program and expect the premium costs to remain at or near current levels.

 

Recommendation:

 

It is staff�s recommendation that the Council note and file this report and approve of staff�s participation and continued participation in the Authority for California Cities Excess Liability and California Public Entity Insurance Authority.     

 

 

4.      AUTHORIZATION TO APPLY FOR A SENIOR CITIZEN NUTRITION AND SUPPORTIVE SERVICES GRANT:

 

Staff is requesting Council approval to file a grant application with the Los Angeles County Department of Community and Senior Citizen Services and the Area Agency on Aging (AAA) to receive Federal grant monies for the Nutrition and Supportive Services which are part of the Park, Recreation and Community Services Department�s Senior and Human Services Division.

 

During Fiscal Year (FY) 2003-04, the L.A. County Department of Community Services granted the City funding approval from their 2004-2007 allocation cycle.  In February 2005, the County of Los Angeles Department of Community and Senior Citizen Services requested that agencies receiving Title III Older American�s Act Federal funding for senior citizen nutrition and supportive services submit a grant proposal for the continuation of funding during FY 2005-06.  The City has received a grant annually and the funding is an approved budgeted item.

 

The Supplemental Nutrition Services Program is responsible for providing approximately 104,000 congregate and home delivered meals.  The program receives funding from the AAA, United States Department of Agriculture, donations from the clients and the City�s General Fund.  The meals for the program are prepared daily, Monday through Friday at the McCambridge Park central kitchen.  The Supportive Services Program provides the critical services of collecting and disseminating information about senior adult services and directs callers to an agency or organization that can extend the assistance necessary to resolve the individual�s problem or need.  This program area receives funding only for the telephone reassurance program.  Currently there are approximately 100 individuals receiving this service. 

 

If the application is accepted at the amount submitted, the City will receive $276,359 in Older Americans Act funding for the congregate and home delivered meal program. In addition, the City will receive $906 for supportive services programs.  This item has been included in the FY 2005-06 budget.  The revenue anticipated from the grant has been projected to offset a significant portion of the General Fund cost of these services.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE PARK, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO APPLY FOR A SENIOR CITIZEN NUTRITION AND SUPPORTIVE SERVICES GRANT FROM THE LOS ANGELES COUNTY DEPARTMENT OF COMMUNITY AND SENIOR CITIZEN SERVICES AND THE AREA AGENCY ON AGING.

 

 

5.      RESOLUTION OF INTENTION FOR VACATION V-369 (CROWN 725 ASSOCIATES LLC � APPLICANT):

 

The purpose of this report is for the Council to consider adoption of a Resolution of Intention to set the public hearing date to consider the Conditional Vacation of Elmwood Street, located west of San Fernando Boulevard and south of Cedar Avenue.  The applicant, Crown 725 Associates LLC, is requesting the vacation as the street dead ends at the property they own on either side of Elmwood Street.  If adopted, the Resolution of Intention will set the public hearing date for May 10, 2005.

 

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 AN ALLEY ADJACENT TO ELMWOOD STREET; AND ELMWOOD STREET, LOCATED WEST OF SAN FERNANDO BOULEVARD AND SOUTH OF CEDAR AVENUE (V-369).

 

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

 

 

REPORTS TO COUNCIL:

 

6.      APPROVAL OF FILING OF FISCAL YEAR 2005-06 ANNUAL PLAN UNDER THE CONSOLIDATED PLAN SUBMISSION (2003-08) FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS:

 

This resolution requests the Council to:  1) approve/file the Fiscal Year (FY) 2005-06 Annual Plan of the Consolidated Plan (2003-08) submission; 2) file Federal fund applications for the Community Development Block Grant (CDBG) and Home Investment Partnerships Programs (HOME); 3) file the 2005 Final Statement of Community Development Objectives and Projected Use of Funds; 4) authorize the City Manager to execute United States Department of Housing and Urban Development funding agreements for CDBG and HOME Programs, act as the City�s Certifying Officer under 24 CFR, Part 58 � Environmental Review Procedures; and execute sub-recipient contracts with organizations utilizing CDBG and HOME funds, as applicable; and, 5) permit the extension of specific CDBG Reimbursable Contracts for capital projects.

 

The 2005 Annual Plan details Federal, State and local fund resources totaling over $17.7 million, including:  $1.8 million in Federal CDBG entitlement, reallocated funds and program income; $862,598 in HOME funds; and, $7.79 million in Section 8 rental assistance.  State resources from the Multi-Family Housing program ($1.3 million) and local resources from the Redevelopment Housing Set-aside Fund ($6 million) total an additional $7.3 million.

 

CDBG, HOME and Section 8 resources provide the Federal funds available to address Consolidated Plan projects and activities.  CDBG resources and fund use by category are as follows:

 

         Fiscal Year 2005 Community Development Block Grant Resources

 

Fund Source	Fund Amount
2005 Entitlement	$1,339,841
HUD Reallocated Funds	$     10,660
Program Income (2003-04)	$   459,496
Total  2005 Funds	$1,809,997

 

         Fiscal Year 2005 Community Development Block Grant Funds by Category

 

Capital Project Funds	$1,176,498
Public Service Funds	$  271,500*
Program Administration Funds	$  361,999*
Total Funds Available	$1,809,997

            * Statutory Limits: Program Administration (20%); Public Services (15%)

 

FY 2005 HOME funds ($776,339) will be used by the Burbank Housing Corporation (a Community Housing Development Organization) for housing acquisition and rehabilitation activities, with HOME program administration funded at $86,260 (Total: $862,599).

 

For CDBG capital projects, a total of 11 project proposals for $1.87 million were received.  On January 25, 2005, the Council via Resolution 26,896 approved capital fund projects totaling $1,176,498.

 

Department/Agency	Project Description	City Council Approval
Public Works Department	Olive Avenue Reconstruction	$ 505,148
Community Development Dept. � License and Code Services Division	Code Enforcement Program	$ 133,450
Burbank Temporary Aid Center	New Construction/Renovation Project (Phase II)	$ 459,900
Build Rehabilitation Industries	Facility Improvements	$ 78,000
CDBG Capital Projects (2005)		$ 1,176,498

 

For CDBG public services, a total of 20 proposals were received equaling over $532,000.  The recommendations of the Community Development Goals Committee and the City�s Executive Staff are shown below:

 

Department/Agency	Project	Request Amount	Goals Committee	Executive Staff
Salvation Army	Emergency Services	$ 22,000	$ 18,000	$ 18,000
Family Service Agency	Clinical Craft Program	$ 19,600	$ 43,000	$ 19,600
	Community Day School	$ 20,000	Included above	$ 20,000
	Middle School Counseling	$ 35,000	Included above	*  City Set-aside
Build Rehabilitation Industries	Disabled Job Training	$ 18,175	$ 18,175	$ 13,400
Burbank Temporary Aid Center	Homeless and Needy Services	$ 46,750	$ 35,000	$ 35,000
Burbank School District	Summer Youth Employment	$ 89,793	$ 70,000	$ 70,000
Burbank YMCA	Senior Citizen Fitness	$ 10,000	$ 15,000	$ 15,000
	Child Care	$ 20,000	Included above	Included above
	Youth Day Camp	$ 10,000	Included above	Included above
Boys & Girls Club	Hearing Impaired and Luther School Programs	$ 45,000	$ 35,000	$ 35,000
Department/Agency	Project	Request Amount	Goals Committee	Executive Staff
Burbank Center for the Retarded	Disabled Programs	$ 15,000	$ 9,000	$ 9,000
Library Department	Literacy Program	$ 5,000	$ 4,000	$ 4,000
Partners In Care Foundation	Health Care Services	$ 2,900	$ 1,975	$ 1,975
Fair Housing Council	Fair Housing Services	$ 18,000	** Admin.	** Admin.
Burbank Noon Lions	Ear and Eye Care Programs	$ 8,000	$ 2,000	$ 2,000
Heritage Clinic � Community Assistance Program for Seniors (CAPS)	Adult Day Care Center	$ 30,000	$ 10,000	$ 10,000
Armenian Relief Society	Social Services	$ 36,936	$ 5,350	$ 5,000
Kids Community Dental Clinic	Dental Services	$ 10,000	$ 5,000	$ 8,500
We Care for Youth	Youth Job Training	$ 70,000	0	*** $ 5,000
Total Public Services		$ 532,154	$ 271,500	$ 271,500
Public Services Funds Available		$ 271,500	$ 271,500	$ 271,500
Fund Shortage		$ 260,654	0	0

 

* On 2/15/05, the Council appropriated $250,000 for youth counseling and teen related programs recommended by the Mayor�s Youth Task Force (Resolution 26,907).  Executive staff recommends funding the Middle School Counseling Program ($35,000) with these funds.

 

** Fund Fair Housing Council ($18,000) with CDBG Program Administrative Funds

*** Fund Organization ($5,000) Product Costs and Not Staff Costs

 

Both committees recommend CDBG program administration at the 20 percent statutory maximum or $361,999.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING THE FILING OF THE FISCAL YEAR 2005-06 ANNUAL PLAN UNDER THE CONSOLIDATED PLAN SUBMISSION (FISCAL YEARS 2003-08) FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS AND AUTHORIZING THE EXECUTION OF RELATED AGREEMENTS.

 

 

7.      BURBANK LOCAL TRANSIT SERVICE EXPANSION:

 

On January 25, 2005, the Council approved a three-phase service expansion of the Burbank Local Transit (BLT) program.  Ridership figures and other information on the recently-implemented NoHo Line South service, an update of the overall marketing, branding and information program, options for acquiring the transit vehicles that will be needed for the May and August service implementations, and a funding and budget update are included in the staff report.  The second phase of the expansion program is scheduled to begin in late May 2005, when the existing on-demand services in the Downtown and Golden State areas will be converted to fixed routes.  The third phase, scheduled for August, will implement a new fixed route service between the Metro Rail Red Line station in North Hollywood and the Golden State area. 

 

Staff has been working with the Transit Services Task Force to develop an extensive branding program for all of the local transit services.  The proposed program includes a new name, new colors and graphics for the transit vehicles, matching signage at the bus stops, newly-designed color brochures and other informational materials, and a new transportation website that will provide transit routes and schedules, as well as information on the local bikeway system, pedestrian routes and other modes of local transportation.        

 

The new �look� developed for the local transit system will become the basis for an ongoing marketing and information program that will continue indefinitely beyond this year�s implementation of new routes.  While short-term marketing efforts continue, staff is developing a comprehensive outreach program that will be designed to provide ongoing and continuous exposure of available transit services to residents and employees alike.