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 Real Property Negotiator:

Pursuant to Govt. Code � 54956.8

Agency Negotiator:  Community Development Director/Susan M. Georgino.

Property:  Opportunity Site #6B-Bounded by Magnolia Boulevard, First Street, Orange Grove Avenue and Bonnywood Place (I-5 Freeway).  Opportunity Site #7 � Bounded by Magnolia Boulevard, railroad tracks and Olive Avenue � adjacent to the Downtown Burbank Metrolink Station.

Party With Whom Agency is Negotiating:  Del Rey Properties, 1036 North Lake Street, Burbank, California  91502.

Name of Contact Person:  Maribel Leyland.

Terms Under Negotiation:  Sale of City and Agency-owned property located on Opportunity Site 6B and Opportunity Site 7.

 

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:                       Pastor Paul Clairville, Westminster Presbyterian Church.

                                               The Courts have concluded that sectarian prayer as part of City

                                               Council meetings is not permitted under the Constitution.

FLAG SALUTE:

 

ROLL CALL:

 

 

ANNOUNCEMENT:             DARK COUNCIL MEETINGS � JUNE 28 AND JULY 5, 2005.

 

RECOGNITION:                    LASZLO TABORI � WORLD CLASS RUNNER AND COACH.

 

PROCLAMATION:               NATIONAL PARK AND RECREATION MONTH.

 

 

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 June 20, 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. 2005-46: MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS:

 

Pursuant to Council direction, staff has prepared a Zone Text Amendment reducing multiple-family residential densities and implementing new multiple-family residential development and design standards.  There would be no changes to the Zone Map as part of the proposed amendment; all of the changes would be to the text of the Zoning Ordinance and apply to existing zone designations.  These proposed changes to the existing standards in the Zoning Code respond to the Council�s concerns about multiple-family residential densities and the quality and compatibility of new residential development.

 

Reducing multiple-family residential densities can have a positive effect on reducing traffic and parking impacts and improving compatibility with the surrounding neighborhood.  The character of Burbank�s multiple-family residential neighborhoods are influenced as much by the physical attributes of development � the development standards � as by the density. Development standards are the tools that shape the physical configuration and aesthetic quality of the residential density allowed on a site. Development standards have important implications with regard to building appeal and neighborhood compatibility.  However, mitigation of impacts such as parking, building mass, incompatibility of scale and style with neighboring structures, in the multiple-family residential areas, must be addressed in terms of both density and development standards.

 

There is a critical relationship between development standards and achievable densities; therefore, in conjunction with the proposed reduction in multiple-family densities, staff proposes several changes and additions to the multiple-family development standards that will support the new lowered densities and reduce some of the perceived impacts of the increasing build-out of the multiple-family residential areas.  The goal of the new standards is to maintain the quality, integrity and distinct character of the City�s multiple-family neighborhoods, while continuing to allow needed new housing development to occur.

 

The proposed changes to the Code include substantial modifications to existing standards, such as:  not allowing semi-subterranean garage encroachment into required side yards; no tandem parking; facade variation to achieve improved building elevations; enhanced landscaping in parking area; and, the introduction of new standards which will codify design elements such as building orientation, windows and doors, entries and porches and roof design.

 

Recommendation:

 

1.      Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A NEGATIVE DECLARATION FOR PROJECT NO. 2005-46 (MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT STANDARDS).       

 

2.      Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT STANDARDS (PROJECT NO. 2005-46).

 

 

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 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.)

 

COUNCIL AND STAFF RESPONSE TO AGENDA ITEM ORAL COMMUNICATIONS:

 

 

RECESS for the Redevelopment Agency meeting.

 

RECONVENE for the City Council meeting.

 

 

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.      ESTABLISHMENT OF THE SPECIFICATIONS FOR THE CLASSIFICATIONS OF BUDGET ASSISTANT, BUDGET ANALYST AND SENIOR BUDGET ANALYST:

 

The Budget Division of the Financial Services Department, like most departments in the City, has been utilizing the Administrative Analyst series to staff many of their management positions.  Since these classifications are used Citywide, the essential functions of the specifications have remained general.  The general nature of these specifications has created circumstances where incumbents have not always been focused in the budget field as a career.  It has been difficult for the Financial Services Department to retain employees for significant amounts of time because of interests outside the budget realm.  With this in mind, the Budget Division would like to establish a Budget Analyst Series that will allow them to better address the specialized nature of the positions� work duties and focus.  Additionally, it will aid in the retention and recruitment of individuals who offer experience and expertise in municipal budgeting principles and practices. 

 

These classifications will be Unrepresented Management (�Z� group) positions, exempt from Civil Service and the Fair Labor Standards Act.  These positions will also be included in the City�s Conflict of Interest Code.

 

The salary ranges will be $3,453-$4,195 for Budget Assistant, $4,535-$5,510 for Budget Analyst and $5,269-$6,402 for Senior Budget Analyst.  These salaries are based on a compensation analysis conducted by the Financial Services Department and are internally compatible with similarly responsible positions.  Two existing positions will be affected by this change which will result in a $6,771 increase to the Department�s budget.  This increase has been included as part of the proposed 2005-06 Fiscal Year budget.

 

Recommendation:

 

Adoption of proposed resolutions entitled:

1.             A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE AND SPECIFICATION FOR THE CLASSIFICATION OF BUDGET ASSISTANT (CTC NO. 0110) AND PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.

 

2.             A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHNG THE TITLE AND SPECIFICATION FOR THE CLASSIFICATION OF BUDGET ANALYST (CTC NO. 0109) AND PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.

 

3.             A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHNG THE TITLE AND SPECIFICATION FOR THE CLASSIFICATION OF SENIOR BUDGET ANALYST (CTC NO. 0759) AND PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.

 

 

4.      APPROVING AN AGREEMENT BETWEEN THE CITY AND THE LOS ANGELES COUNTY PROBATION DEPARTMENT FOR A CONTRACT PROBATION OFFICER:

 

Staff is requesting authorization to continue an agreement with the Los Angeles County Probation Department to provide a contract probation officer for the City.  The agreement with the County is for a one-year period and has been renewed annually since 1992.  This probation officer works directly with the Police Department Outreach Center and fulfills a number of community-based needs, including targeting at-risk youth, providing intensive community-based supervision to juveniles on probation and allowing the Department a more timely method of dealing with juvenile detainees.  The probation officer�s detachment from a full County caseload enables him to quickly take action on anti-social behavior occurring in the local schools, which although serious, fails to rise to the level of criminal behavior. 

 

The annual cost of this program is approximately $120,000 and is split between the City and the County of Los Angeles.  The City�s portion is part of the Police Department�s Fiscal Year 2005-06 budget. The Department continues to feel this is an appropriate use of funds, as the contract probation officer�s efforts have proven to be a strong tool to reduce gang activity, drug abuse and juvenile-related criminal activity.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT BETWEEN THE CITY OF BURBANK AND THE COUNTY OF LOS ANGELES TO PROVIDE GANG ALTERNATIVE AND PREVENTION PROGRAM SERVICES (GAPP).

5.      AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC IMPACT ANALYSIS FOR THE  A-1 NORTH PROPERTY � 2555 NORTH HOLLYWOOD WAY:

 

The purpose of this report is to request Council authorization for the City Manager to amend the Professional Services Agreement (PSA) with Kimley-Horn and Associates (KHA) to prepare a traffic impact analysis for a proposed restaurant project on the A-1 North property, 2555 North Hollywood Way.

 

On October 22, 2003, the City entered into a PSA with KHA to prepare a traffic impact analysis for the project proposed by Zelman Retail Partners on the A-1 North site. As a result of changes to the project description, the PSA has been amended twice, most recently in January 2005.  Since the most recent amendment, the applicant has requested that KHA conduct analysis on several project scenarios. These scenarios are outside of KHA�s current scope of work. As such, KHA has requested a third amendment in the amount of $6,450, bringing the total amount of the contract to $83,565.

 

No costs will be incurred by the City by amending the PSA with KHA.  The applicant will be required to deposit to the City the cost of the contract plus 10 percent as required by the City�s Fee Resolution.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND KIMLEY-HORN AND ASSOCIATES FOR PREPARATION OF A TRAFFIC STUDY.

 

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

 

 

REPORTS TO COUNCIL:

 

6.      AMENDING CHAPTER 25 (SEWERS) OF THE BURBANK MUNICIPAL CODE AND ADOPTING A NEGATIVE DECLARATION:

 

Staff is requesting that the Council introduce an ordinance that amends Chapter 25 (Sewers) of the Burbank Municipal Code (BMC) to comply with the United States Environmental Protection Agency (USEPA) regulations and adopt a Negative Declaration.  These changes were the primary reason for a Code update at this time.  This article, also known as the City�s Sewer Use Ordinance, provides the authority for the City to regulate the discharge from industries within the City.  The article was last updated over ten years ago, and requires modifications to conform to current USEPA regulatory language. 

 

Other proposed changes to Chapter 25 of the BMC include the items listed below:

 

1.      Article 10 � Storm Water and Runoff Pollution Control

 

Pursuant to the California Regional Water Quality Control Board, Los Angeles Region�s (RWQCB) Order No. 96-054, the City of Burbank was mandated, as a Permittee of the Municipal Separate Storm Sewer System Permit, to adopt ordinances to enforce the permit requirements, including the Standard Urban Storm Water Mitigation Plan (SUSMP).  On August 29, 2000, the Council adopted the required ordinances into the Code by referencing a portion of the Los Angeles County Code, Title 12, Environmental Protection, Chapter 12.80, as the City�s Storm Water and Runoff Pollution Control Ordinance.  The ordinance also adopted the RWQCB�s approved SUSMP requirements.

 

The proposed Article 10 incorporates the actual language of the Los Angeles County Code into the BMC rather than by reference.  This change will provide clarity, allowing the BMC to be understood without referencing the Los Angeles County Code.

 

2.      Section 25-312 � Cost of Repair to a Building Sewer

 

On January 25, 1977, the Council passed Resolution No. 17,805 which provided circumstances in which the City would pay for the repair of a building sewer that had been crushed or misaligned by parkway trees.  This proposed section of the Code places this language in the BMC.

 

3.      Section 25-313 � Backwater Valves

 

This new section requires new and remodeled properties to install, operate, and maintain an approved backwater valve on their building sewer unless it can be shown that such a device is unnecessary.  This requirement will apply to all buildings that are: newly constructed, modified and having a building permit valuation of $50,000 or more, replacing the building sewers, or repairing building sewers with an aggregate repair length in excess of ten feet.   This requirement will prevent the backup of wastewater into a building in the event of a sewer blockage.

 

4.      Section 25-502.2 � Additional Pretreatment Measures

 

This new section requires a Food Service Establishment (FSE) to install, operate and maintain a grease interceptor, unless a conditional waiver is granted by the Director or a designee. This requirement will apply to all FSEs that are newly constructed or modified and having a building permit valuation of $50,000 or more. An FSE determined to have no immediate adverse impact on the public sewer may be granted a conditional waiver from grease interceptor installation requirements.  This requirement is similar to language adopted in the City of Los Angeles and other municipalities. The purpose of this requirement is to reduce sanitary sewer overflows caused by grease originating from FSEs.