Council Agenda - City of Burbank

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)

1. Name of Case: City of Burbank v. Hartford Casualty Insurance Company.

Case No.: CV 04-7184 RGK (FMOx)

Brief description and nature of case: City�s Claim for Insurance Defense for Metrolink Cases.

2. Name of Case: Nongpanga v. City of Burbank.

Case No.: 04C01741

Brief description and nature of case: Automobile accident with police car.

3. Name of Case: Fleischer v. City of Burbank.

Case No.: EC036620

Brief description and nature of case: Trip and fall that occurred on 139 South Avon Street.

b. Conference with Legal Counsel � Anticipated Litigation (City as possible plaintiff):

Pursuant to Govt. Code �54956.9(c)

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.

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:

RECOGNITION: OUTSTANDING COMPLIANCE FOR INDUSTRIAL WASTE

DISCHARGERS.

RECOGNITION: OLDER AMERICAN VOLUNTEER SERVICE AWARDS.

PROCLAMATION: OLDER AMERICANS MONTH.

PROCLAMATION: BUILDING SAFETY WEEK.

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).

6:30 P.M. PUBLIC HEARING:

On April 19, 2005, the Council adopted a Resolution of Intention to vacate a portion of Elmwood Street located west of San Fernando Boulevard and south of Cedar Avenue. The applicant, Crown 725 Associates LLC, owner of the property on either side of Elmwood Avenue, is requesting the vacation to enhance operations and security on their property.

The proposed portion of Elmwood Avenue to be vacated no longer serves a public purpose since the applicant owns the surrounding parcels. There is no public pedestrian or vehicular traffic along this portion of Elmwood Avenue or in the alley portion to the rear which was retained for turn-around purposes.

The proposed vacation has been conditioned by the Gas Company and Pacific Bell who request that a permanent utility easement be retained.

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

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 action items on the agenda 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 Action Agenda items only.)

RECESS for the Redevelopment Agency, Housing Authority, Parking Authority and Youth Endowment Services Fund Board meetings.

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.

The City Treasurer's report on investment and reinvestment of temporarily idle funds for the quarter ending March 31, 2005.

The purpose of this report is to request Council consideration of support for Assembly Joint Resolution (AJR) 18. AJR 18 opposes the United States (U.S.) Department of Transportation�s zero funding proposed budget for Amtrak in Fiscal Year 2006.

The U.S. Department of Transportation has introduced a reform proposal to Congress regarding the restructuring of Amtrak. The Passenger Rail Investment Reform Act introduces a zero funding proposed budget in 2006 for Amtrak. This bill cuts $1.2 billion in Federal funds for Amtrak and makes key reforms by: 1) transitioning Amtrak into a purely operating company; 2) creating a Federal and State partnership to support passenger rail; 3) introducing market-based competition to the system; and, 4) setting up a service to maintain the Northeast Corridor (NEC) which is the most heavily used.

Assembly Members Jones and Leslie; and Senators Kehoe, Maldonado and Ducheny have consequently introduced AJR 18 which opposes the Federal government�s proposal to eliminate funding for Amtrak. AJR 18 advocates for Congressional action that would provide adequate operating and capital funding for Amtrak, preserve and improve the four national network Amtrak trains serving California and establish a multi-year capital funding program to match State expenditures to improve services.

Currently, AJR 18 has been referred to the State Committee on Transportation. The Committee will consider this item at their May 2, 2005 hearing to decide whether to: 1) approve the resolution as it stands; 2) request amendments before approving the resolution; or 3) deny the resolution. Pending Committee approval, AJR 18 will then go to the Governor for approval or denial.

Staff recommends that the Council consider support for AJR 18 either at the Committee level or with a letter urging the Governor to sign the resolution.

Staff is requesting Council approval to apply for $730,368 in combined grant funds from the California Department of Parks and Recreation through the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002. In addition, staff requests appointment of the Park, Recreation and Community Services Director to serve as agent, authorized to execute and submit documents necessary for completion of this project.

The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002, responding to recreational and open-space needs of expanding urban communities, provides grant funding across 12 different programmatic areas. The City is eligible to receive $278,368 in Roberti-Z�berg-Harris (RZH) Urbanized and Heavy Urbanized Grant Program per capita funds and $452,000 in City and District Per Capital Allocation funds.

The purpose of the RHZ Urbanized and Heavy Urbanized Grant Program is to fund high priority projects that satisfy the most urgent park and recreational needs in California, with emphasis on unmet needs in the most heavily-populated and most economically-disadvantaged areas within each jurisdiction. Local governments in urbanized areas receive the greatest portion of the total program funds as block grants that are allocated on the basis of population. The Per Capita Grant Program is intended to meet the urgent need for safe, open and accessible local park and recreational facilities for increased recreational opportunities that provide positive alternatives to social problems. The Per Capita Grants are also allocated to cities, counties and park and recreation districts on a population-based formula.

Approval of the resolutions authorizing the application for both of these grant programs will meet the City�s initial application requirement, and ensure that the California Department of Parks and Recreation encumbers these funds until a formal application is received.

There is no immediate fiscal impact as a result of this proposed action. There is no matching fund requirement for the City. Staff will return to the Council at a later time in order to proceed with allocation of these funds for expenditure.

1. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE PARKS, RECREATION AND COMMUNITY SERVICES DIRECTOR TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z�BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002.

2. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE PARKS, RECREATION AND COMMUNITY SERVICES DIRECTOR TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002.

Staff is requesting Council approval for the City Manager to execute a grant agreement and receive equipment and funding from the Amateur Athletic Foundation (AAF) of Los Angeles. The grant funding received from the AAF will assist the Park, Recreation and Community Services Department with equipment and salary support of the Swim Team and Water Polo programs offered during the City�s Summer Aquatics Season.

The AAF of Los Angeles is a California nonprofit public benefit corporation organized for the purpose of aiding and assisting, through contributions and otherwise, amateur sports programs primarily for youth in the Southern California area. More specifically, they are interested in this grant support furthering the aquatics experiences for the youth of the Burbank community.

In the 2004 Summer Aquatic Season, the City received the benefit of a grant of $3,151.25 from the AAF which was received in the form of equipment required to offer a Swim Team program and a Water Polo program. This 2005 grant, administered by the AAF, presents another financial opportunity for the City to further offset the costs of additional equipment purchases for the Water Polo and Swim Teams and salary dollars for coaching staff.

By securing the additional funding for equipment and salary dollars, staff anticipates enhanced interest by the middle school and high school youth and growth in the Water Polo and Swim Teams offered to the community by the Park, Recreation and Community Services Department during the 2005 Summer Aquatics Season.

The City�s additional grant funding of $9,992.85 will assist in offsetting $5,886.85 of the salaries used for Swim Team and Water Polo Team coaches and $4,106.00 for additional equipment used to support the Swim Team and Water Polo programs. The funds will be appropriated during the Fiscal Year 2005-06 budget process.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF BURBANK AND THE AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES FOR THE PURPOSE OF EQUIPMENT AND SALARY SUPPORT OF THE SWIM TEAM AND WATER POLO PROGRAMS.

The applicant, Jeff Simmons, is requesting to vacate a five-foot portion of a 7.5 foot public utility easement along the southerly boundary of 1720 West Clark Avenue for the purpose of constructing a new and enlarged garage. The proposed vacation has been submitted to all appropriate City departments and outside utility companies and there are no public utilities within the area to be vacated. The Streets and Highways Code allows this vacation since the easement has not been used for its intended purpose for five consecutive years immediately preceding the proposed vacation. Staff has not received any opposition to this vacation request and recommends the Council approve this summary vacation (V-372).

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT AT 1720 WEST CLARK AVENUE, BURBANK, CALIFORNIA (V-372).

The purpose of this report is to identify the Boards, Commissions and Committees with members whose terms expire June 1, 2005 and to request the Council make appointments from the qualified applicants.

On March 30, 2004, the City Clerk's Office began advertising and accepting applications for vacancies created by the June 1, 2005 term expirations on various City Boards, Commissions and Committees. Notice was placed on the City�s web site; the Channel 6 Scroll; March utility billing envelopes; and, announcements were made at Council meetings. The deadline to submit applications to the City Clerk�s Office was Friday, April 29, 2005 at 5:00 p.m.

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. If any current Board, Commission or Committee member whose term is not due to expire on June 1, 2005 is appointed to a different Board, Commission or Committee, that member must resign their current position before being installed to the new Board, Commission or Committee. 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.

PROCEDURE FOR VOTING

The City Clerk's office conducted a random drawing to select the order that the Boards, Commissions and Committees would be placed on the agenda for Council voting. In addition, a random drawing was conducted to select the order the applicants will appear on the voting sheets.

Please note: The City's application allows each applicant to select three choices should they desire. Therefore, those applicants who applied for more than one Board, Commission or Committee have the priority selection listed next to their name.

The Council votes based on the number of vacancies on the Board, Commission or Committee. For example, if there are three vacancies on the Board, each Council Member is allowed three votes. Then, the applicants receiving a majority of the votes in the first round move into the second round. The process continues for as many rounds as are necessary to attain the correct number of applicants to fill the vacancies.

It is important to point out that even though each Council Member is allowed a certain number of votes, there is no obligation to vote that specified number of times.

This process is based on past practice. The Council could certainly make any desired changes to the process. If changes should be requested, staff would recommend that the process be clarified prior to any voting.

The following is the random order of the Boards, Commissions and Committees as well as the applicants and the order in which the Council will be asked to vote:

The Board of Building and Fire Code Appeals consists of five members. There are currently three vacancies on this Board. Terms of office are four years. Applications were received from the following interested individuals:

The Board of Library Trustees consists of five members. There are currently three vacancies on this Board. Terms of office are four years. Applications were received from the following interested individuals:

The Burbank-Glendale-Pasadena Airport Authority was established in 1977. It is composed of three Burbank representatives appointed by the Council. The cities of Glendale and Pasadena also appoint three representatives each. Appointees to the Authority serve four-year terms and the Authority meets every first and third Monday at 9:00 a.m. at the Airport, 2627 North Hollywood Way. Applications were received from the following interested individuals to fill the upcoming three vacancies:

Civic Pride Committee

The Civic Pride Committee was established by Burbank Municipal Code Section 2-423 and currently consists of eleven members. There are currently six vacancies on this Committee. The terms of office are two years. Applications were received from the following interested individuals:

The Civil Service Board consists of five members. There are currently three vacancies on this Board. Terms of office are four years. Applications were received from the following interested individuals:

The Park, Recreation and Community Services Board consists of five members. There are currently three vacancies on this Board. Terms of office are four years. Applications were received from the following interested individuals:

The Youth Endowment Services Fund Advisory Committee consists of seven members. There are currently four vacancies on this Committee. Terms of office are four years. Applications were received from the following interested individuals:

The Planning Board consists of five members. There are currently three vacancies on this Board. Terms of office for this Board are four years. Applications were received from the following interested individuals:

The Police Commission consists of five members. There are currently three vacancies on this Commission. Terms of office are four years. Applications were received from the following interested individuals:

The Burbank Water and Power Board consists of seven members. There are currently three vacancies on this Board. Terms of office are four years. Applications were received from the following interested individuals:

The Traffic and Transportation Committee was established by Burbank Municipal Code Section 2-421 and currently consists of twelve members. One representative each is designated by the City Manager, Public Works Director, Chief of Police, Community Development Director and Superintendent of the Burbank Unified School District. The five remaining members are Burbank residents appointed by the City Council. The term of office for the five members is two years. Currently, there are two vacancies. Applications were received from the following interested individuals:

The Transportation Commission consists of seven members. There are currently three vacancies on this Commission. Terms of office are four years. Applications were received from the following interested individuals:

The application period for the Landlord-Tenant Commission has been extended until Friday, May 20, 2005 due to insufficient applications. Applications are also still being accepted for the Charter Review Committee.

Staff recommends the Council consider making the appropriate appointments to the various Boards, Commissions and Committees or give staff direction as desired.

As indicated at the initial Budget Study Session on April 19, 2005, staff has prepared a schedule for the Fiscal Year (FY) 2005-06 Department Budget Study Sessions to be held on Tuesday nights. This integration of the Study Sessions into the regular Council meetings has been accomplished by scheduling the sessions over the course of three Council meetings. The Department Budget Study Sessions are scheduled on May 10, May 17 and May 24, 2005. During these sessions, each department will have an opportunity to fully disclose the details of proposed changes related to their respective department contained in the FY 2005-06 Proposed Budget.

The meeting on May 10, 2005 will incorporate a brief Budget Overview, focusing on the General Fund status, followed by each department (in the order outlined above) presenting key components and changes to the prior year�s budget. This includes proposed budget reductions, proposed fee changes, and any new positions or upgrades, and materials, supplies and services exceptions. During this time, the Council will have the opportunity to review and inquire about any of the recommended budget proposals.

Staff recommends that the Council review the proposed budget materials and direct staff to incorporate any necessary changes into the June 7, 2005 Public Hearing report.

RECONVENE the Redevelopment Agency, Housing Authority, Parking Authority and Youth Endowment Services Fund Board meetings for public comment.

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: