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 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: Contracts and Retirement Issues.

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

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s): 3

c. Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case: Franco v. City of Burbank.

Case No.: CV-03-9283 MRP (Ex)

Brief description and nature of case: Employment Litigation.

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.

FLAG SALUTE:

ROLL CALL:

RECOGNITION: DR. MARTIN SMALL.

RECOGNITION: LEADERSHIP BURBANK GRADUATES.

PROCLAMATION: FLAG DAY.

PRESENTATION: 2006 ROSE FLOAT RENDERING.

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. JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PARKING AUTHORITY AND YOUTH ENDOWMENT SERVICES FUND BOARD:

The purpose of this report is to present the Proposed Fiscal Year (FY) 2005-06 Annual Budget, Citywide Fee Schedule and Appropriations Limit to the Council, Redevelopment Agency, Housing Authority, Parking Authority and Youth Endowment Services Fund Board for public hearing. The adoption of the FY 2005-06 Budget will be considered by the Council at the June 14, 2005 Council meeting.

On February 15, 2005, staff presented the mid-year report, which not only advised how the City was operating six months into the year, but also requested adjustments to the current budget to address expenditures which had surfaced since its approval in June 2004. Further, the report previewed some of the key components that were being considered in the development of the FY 2005-06 Budget.

On April 19, 2005, staff presented a very preliminary overview of the Proposed FY 2005-06 Budget, along with the Five-Year Forecast. The Proposed Budget documents were distributed the first week of May for the Council�s review prior to their annual May Goal Setting Workshop held on May 7, 2005.

A more finalized overview of the Proposed FY 2005-06 Budget was presented to the Council at the first Budget Study Session held on May 10, 2005. Additional Budget Study Sessions were held on May 17 and May 24, 2005. The purpose of these sessions was to give the Council the opportunity to review each department�s budget, to provide an opportunity for questions and to make modifications to the budget.

Notable changes made to the budget between the April 19 and May 10, 2005 sessions included adjusting overtime for both the Police and Fire Departments, restoring the outreach probation officer position (per Council direction) and updating the Pension Obligation Bond principal and interest payments for the Fire and Police Departments. Another item requested by the Council that was incorporated was the discontinuation of the $475,000 General Fund transfer to the City Centre Redevelopment Project Area. The result of these changes increased the General Fund appropriations by a net $390,651.

Additional changes (all are non-recurring) that the Council requested at the May 24, 2005 meeting included:

The Council directed that the Utility Users Tax (UUT) In-Lieu Set Aside Account be used to cover this additional appropriation of $300,000. In addition, the Council directed staff take $35,000 from the current soccer field project and redirect it for architectural services to refurbish both track/stadium facilities at Burbank and Burroughs High Schools (no additional fiscal impact). The Council was also in concurrence with staff�s plan to expedite the Buena Vista Street improvement plan (at no additional cost).

A public hearing was held on May 24, 2005, wherein the Council voted 4-1 to raise the Transient Parking Tax (TPT) from 11 percent to 12 percent. Therefore, the revenue estimate for FY 2005-06 has been adjusted upwards by $230,000 from the previous estimate presented on May 10, 2005.

The following summarizes the projected results from operations for FY 2004-05 and the Proposed Budget for FY 2005-06:

In order to close the recurring deficit of $348,471, staff recommends using the City�s Public Employees� Retirement System (PERS) Stabilization Fund to bring the balance to zero.

The following chart shows the Citywide revenue and appropriations (recurring and non-recurring):

PROPOSED CITYWIDE FEE SCHEDULE:

The primary purpose of the Citywide Fee Schedule is to provide a one-stop listing of all City fees, charges and rates. The Fee Schedule is reviewed and updated annually as part of the budget process in an effort to document all of the fees that have been revised or changed during the fiscal year.

The following are the more significant fee changes being proposed for FY 2005-06: The water rate increased 4.8 percent (year four of a five-year smooth ramp-up); the sewer fee includes an overall seven percent rate increase (proposed three-year smooth rate, then a 4.5 percent increase for the fourth year); for refuse, FY 2005-06 is year one of a five-year smooth rate of three percent; group picnic fees� increases range from $10 to $20 and $200 (for a five-hour period) for non-resident fees for Gross Park; License and Code Services and Planning Fees were raised from 2.8 to 15.13 percent (or $17 to $170), Developmental Review Application fees were increased 14.55 percent (or $80); Planned Development, Variance and Administration Use fees were increased from 2.8 percent to 15 percent (or $17 to $650); electrical permits are proposed to increase on average seven percent (or $.50 to $9); and, the public lot monthly parking permit fee will increase from $28 to $34 (final year of increases). All fees are still comparable or below comparison cities.

The State of California�s FY 2005-06 Budget presented in January 2005, faced an operating deficit of $8.6 billion. The FY 2005-06 Revised Budget, released May 13, 2005 (May Revision) shows a slightly brighter picture. The revenues are projected to increase $4.2 billion (including prior year increases) from improved economic activity ($4 billion) and a modest increase ($180 million) in the net gain related to the State�s amnesty program.

Three items in the May Revision that impact the City are the restoration of Proposition 42 Transportation funding to the Gas Tax Fund (Fund 125), earlier-than-expected repayment of State mandated program costs (General Fund), and the impact of the Vehicle License Fee (VLF) early repayment (since the City opted to participate in California Statewide Communities Development Authority's [the "Authority"] VLF Gap Loan Program).

GANN INITIATIVE APPROPRIATION LIMIT:

The City�s FY 2005-06 appropriation limit is estimated to be $130,212,383. The actual amount of the appropriations contained in the budget that is subject to the limit is $95,157,444. The difference between the City�s appropriation limit and the amount subject to it is $35,054,939. As a result, the City has a significant gap between its legal limit and the actual appropriations subject to the limit.

It is expected that the General Fund will have a recurring deficit of $348,471, and an Undesignated Fund Balance of only $23,508. As presented to the Council on April 19 and May 10, 2005, staff recommends using the PERS Stabilization Fund to close the recurring deficit.

For FY 2005-06, the estimated General Fund recurring revenues are $122,724,878, and recurring appropriations are expected to be $119,266,119.

Staff recommends that the Council, Redevelopment Agency Board, Housing Authority, Parking Authority and Youth Endowment Services Fund Board conduct the public hearing on the Proposed Fiscal Year 2005-06 Annual Budget, Citywide Fee Schedule and Appropriations Limit. Staff will incorporate any direction into the budget resolutions that will be presented on June 14, 2005 for final adoption.

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.)

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 has been represented in the Pasadena Tournament of Roses Parade each New Year's Day since 1913. Originally, the Chamber of Commerce and Burbank schools entered floats on behalf of the City. In 1947, the Burbank Tournament of Roses Association became responsible for the float entries. The 2006 entry marks the Burbank Tournament of Roses Association�s 59^th consecutive float entry and the City�s 71^st float entry in the parade.

The Burbank Tournament of Roses Association is a non-profit organization comprised entirely of volunteers. Burbank is one of six remaining entities who enter self-built floats. Other self-built floats are entered by California Polytechnic Universities (Pomona and San Luis Obispo) and the cities of Sierra Madre, South Pasadena, La Canada-Flintridge and Downey. Each year, the Association is responsible for constructing and decorating a float to represent the City in the annual Pasadena Tournament of Roses Parade held every New Year's Day. The Association is located in the Burbank Water and Power (BWP) Yard at 320 North Lake Street. All construction and decoration takes place at the BWP Yard.

The 117^th Pasadena Tournament of Roses Parade theme is, It's Magical. In February, parade officials approved the theme and conceptual design for the 2006 City of Burbank parade float entry named, �Pachyderm Parade!�. The float concept was submitted by Ric Scozzari of Burbank and John Cappi of Reseda.

To commence production and funding of the float, the agreement between the City and the Burbank Tournament of Roses Association calls for the approval of the parade float theme and conceptual design by the Council.

It is recommended by staff and the Burbank Tournament of Roses Association that the Council accept and approve the 2006 Tournament of Roses float rendering.

In 1990, the cities of Burbank and Glendale entered into an Interconnection/ Interchange Agreement, mainly for the purpose of providing each other with temporary emergency assistance in the operation of their respective electric utility systems. Under the 1990 Agreement, the 69 kilovolt (kV) electrical lines linking the two cities� electric systems remained �normally open� (i.e., not in operation) until the need arose to link the two systems together.

With the Magnolia Power Project nearing completion, Burbank and Glendale have found this to be an opportune time to review and update the 1990 Agreement. Glendale is one of the participating cities in the Magnolia Power Project with an entitlement to 16.5 percent of the plant�s output, or approximately 50 megawatts at peak operation. Under the Magnolia Power Project agreements, Glendale is entitled to receive its share of the Magnolia power at Burbank�s Olive Switching Station.

Utilizing the interconnection between the cities is the proposed means of delivering Glendale�s Magnolia power from the Olive Switching Station to Glendale�s electric system. Because the Magnolia Power Project will be in operation most of the time, this means that the tie lines between the cities will be �normally closed� (i.e., in operation) rather than open, as under the 1990 Agreement. The proposed new agreement would facilitate this arrangement. In the past few years, both Burbank and Glendale have each made physical improvements to the 69 kV lines within their respective boundaries to accommodate the increased capacity needed for delivery of Magnolia power to Glendale.

The term of the proposed new agreement, of necessity, would be coextensive with Glendale�s participation in the Magnolia Power Project, which is expected to be at least 30 years. The proposed new agreement includes operational parameters to ensure that safety and reliability are maintained during times when the interconnection is �closed�. It also includes provisions that will enable the two cities to take advantage of the upgraded interconnection facilities by allowing them to develop and implement ways of sharing reserve capacity with each other, thereby reducing fuel or power supply costs.

Additionally, both Burbank and Glendale are prepared to enter into agreements with the other four Magnolia Power Project participants under which Burbank and Glendale would use their existing transmission rights to deliver the other participants� power from Receiving Station E to the Marketplace Substation in Nevada, from which the participants would bring the power to their respective systems via the power grid operated by the California Independent System Operator (CAISO). These agreements will provide economic benefits to both Burbank and Glendale. The proposed new interconnection agreement would facilitate these arrangements by enabling Glendale to take delivery of a share of Anaheim�s power (approximately 40 megawatts) and deliver that to the Marketplace Substation.

The fiscal impact is positive. An Amended and Restated Interconnection/Interchange Agreement between the City of Burbank and the City of Glendale enables substantial benefits to Burbank in addition to enhancing reliability of service.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED INTERCONNECTION/INTERCHANGE AGREEMENT BETWEEN THE CITY OF BURBANK AND THE CITY OF GLENDALE.

The purpose of this report is to request the Council make an appointment from the qualified applicants to fill one term on the Landlord-Tenant Commission ending on June 1, 2005.

The Landlord-Tenant Commission consists of five members appointed by the Council and meets every first Monday of the month at 7:00 p.m. in the Council Chamber at City Hall. At the May 31, 2005 Council meeting, five applications were considered to fill three vacancies on the Commission that would be created by the June 1, 2005 term expirations. Following a vote of the Council, Molly Shore and Alma Briseno were appointed to fill two of the three vacancies and the Council deadlocked on a 2-2 vote between Janis Bunch and Maria Gonzalez-Romano for the third appointment. Staff was directed to present this appointment for full Council consideration.

All Board, Commission and Committee members serve without compensation from the City and cannot 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.

The City Clerk�s Office is still accepting applications for the Charter Review Committee until June 30, 2005. It is anticipated that the Committee will have 11 members who will meet as often as necessary to complete a review of the City�s Charter and make specific recommendations for changes. Any changes to the City's Charter must be placed before the voters of Burbank.

Staff recommends that the Council consider the two applicants and make an appointment to the Landlord-Tenant Commission for a four-year term ending June 1, 2009.

At the May 17, 2005 Council meeting, Mayor Vander Borght requested that staff bring for Council consideration a discussion regarding a City donation to the National Law Enforcement Officers Memorial Fund for the construction of a museum. Staff is requesting Council direction on whether the Council would like to make a donation and the amount of that donation.

The National Law Enforcement Officers Memorial was dedicated in 1991 and pays tribute to all the law enforcement officers who have lost their lives in the line of duty. Plans are currently underway to create a National Law Enforcement Museum at the site of the Memorial. The Museum will tell the stories of the thousands of officers included on the Memorial, including Matthew Pavelka, Burbank�s own police officer who was killed in November 2003.

At the request of the National Law Enforcement Officers Memorial Fund, the Burbank Police Officers Association (BPOA) is organizing an event to raise funds for the Museum. The event, entitled �An Evening of Respect,� will be held on July 9, 2005 at the Los Angeles Equestrian Center. The goal is to raise $100,000. All proceeds will be forwarded to the BPOA who will present the contributions to the National Law Enforcement Officers Memorial Fund.

Several Burbank businesses have donated, including: Warner Bros.; The Walt Disney Co.; NBC/Universal; Community Chevrolet; the Bob Hope Airport; St. Joseph Medical Center; ClearChannel; The Cusumano Group; and, Cunningham Trust.

Staff recommends that the Council provide direction regarding a City donation to the National Law Enforcement Officers Memorial Fund for the construction of a museum and the amount of that donation.

At the May 3, 2005 Council meeting, staff reported that the Temporary Real Estate �Open House� Sign Ordinance, which became effective July 24, 2004 and �sunsets� on July 24, 2005, had been effective in regulating the placement of real estate �Open House� signs within the public right-of-way. The Council directed staff to return with an ordinance which eliminates the �sunset� provision of the ordinance as well as providing a resolution to amend the Burbank Fee Schedule to raise the permit fee from $10 to $12 and make this fee non-prorated.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ORDINANCE NO. 3641 TO ELIMINATE THE SUNSET PROVISION OF THE TEMPORARY �OPEN HOUSE� REAL ESTATE SIGNS ORDINANCE.

Staff is requesting Council approval of an ordinance governing the �rules of the road� along the bicycle paths, bicycle trails, bikeways, equestrian, hiking and recreation trails, which are avenues of recreational activity enjoyed by many of our local residents. They provide areas where community members can walk, ride bicycles, skate, horseback and skateboard in a safe environment. To keep these areas as safe as possible, the proposed �rules of the road� ordinance will govern the modes of transportation along these areas.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING ARTICLE 28, SECTION 29-2704 TO CHAPTER 20 OF THE BURBANK MUNICIPAL CODE ESTABLISHING THE RULES OF THE ROAD FOR PEDESTRIAN AND BICYCLE FACILITIES, INCLUDING BUT NOT LIMITED TO SIDEWALKS, BICYCLE PATHS, BICYCLE TRAILS, BIKEWAYS, EQUESTRIAN TRAILS, HIKING AND RECREATION TRAILS.

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:

ADJOURNMENT. To Wednesday, June 8, 2005 at 6:30 p.m. at the Buena Vista Library, 300 North Buena Vista Street, for a joint meeting with the Planning Board.