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; Unrepresented, and Appointed Officials.

Summary of Labor Issues to be Negotiated:  Contracts and Retirement Issues.

 

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

Pursuant to Govt. Code �54956.9(c)

Number of potential case(s):  2

 

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

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s):  1

 

d.      Public Employee Performance Evaluation:

Pursuant to Govt. Code �54957 and 54957.6

Title of Employee�s Position:  City Manager and City Attorney.

 

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:                       Reverend Ron Degges, Little White Chapel.

                                               The Courts have concluded that sectarian prayer as part of City

                                               Council meetings is not permitted under the Constitution.

FLAG SALUTE:

 

ROLL CALL:

PROCLAMATION:               FIRE PREVENTION WEEK.

 

PROCLAMATION:               TEEN READ WEEK.

 

PROCLAMATION:               BURBANK HIGH SCHOOL CLASS OF 1965 DAY.

 

PROCLAMATION:               DOMESTIC VIOLENCE AWARENESS 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).

 

6:30 P.M. PUBLIC HEARING:

 

1.      APPEAL OF PROJECT NO. 2005-50 CONDITIONAL USE PERMIT AND VARIANCE � CALIFORNIA CHICKEN CAF�:

 

The Planning Board, at its meeting of August 22, 2005, approved Project No. 2005-50, a request for a Conditional Use Permit (CUP) and a parking variance by Andre de Montesquiou to operate a restaurant with incidental alcohol at 2921 West Magnolia Boulevard in the MPC-3 Magnolia Park General Business Zone. 

 

A CUP is required to operate a restaurant in the MPC-3 Zone.  A parking variance is required for restaurant use at the proposed site since 47 parking spaces are required and the site contains 27 spaces.  The variance is required for the 20-parking space shortfall.

 

The Planning Board approved the project by a vote of 5-0 with several Conditions of Approval.  Most notably, a condition was added requiring that employees of the restaurant not park on the site or on the neighboring streets.  Also added was a  condition requiring that signs be posted in the parking lot and in the restaurant, directing customers to park at the Burbank Federal Credit Union parking lot if no parking stalls are available on the site.  The applicant has a verbal agreement with the Burbank Federal Credit Union for use of five parking spaces at all times and use of the entire parking lot in the evening hours.  The Planning Board also added a Condition of Approval that requires staff to report to the Planning Board two years after the start of business stating whether there have been problems with the operation of the subject business.  Residents within 1000 feet of the subject property would be given notice of the scheduled meeting.

 

The Planning Board, in its deliberations, expressed that the project was compatible with the surrounding neighborhood and was a good use of the site.  There were 18 speakers during the meeting; 11 spoke in favor of the project and seven opposed the project.  Those in favor stated that this is what the community wants in that area, and that it will revitalize the area.  Those opposing the project stated that the use would cause traffic and parking congestion in the area.

 

The project approval was appealed by Penny Church, who lives in close proximity to the proposed site.  The appeal application stated that the project will impact the neighborhood, especially with the 20-space shortfall.  In later discussions, the appellant expressed that the project would negatively impact their quality of life and that is why the project was appealed.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK OVERTURNING THE PLANNING BOARD�S DECISION AND DENYING THE CONDITIONAL USE PERMIT AND VARIANCE FOR PROJECT NO. 2005-50 (2921 West Magnolia Boulevard, Andre de Montesquiou, Applicant).

 

 

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:

 

 

CONSENT CALENDAR: (Items 2 through 7)

 

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.

 

2.      APPROVAL OF FINAL TRACT MAP NO. 61074 � 721 EAST CYPRESS AVENUE:

 

Staff is requesting Council approval of Final Tract Map No. 61074, a  one-lot subdivision totaling 7,974 square feet located at 721 East Cypress Avenue.  The property is in the R-3 Residential Multiple Low Density Zone and is owned by Sarkis Baghikian.

 

In June 2003, the property owner requested City approval through a Development Review to demolish a single-family residence to construct a two-story, five-unit residential building with 11 semi-subterranean parking spaces.  Final Map No. 61074 finalizes the conversion of a residential multi-family building into a condominium subdivision.

 

All requirements of the State Subdivision Map Act have been met.  The following is a summary of information pertinent to the approval of Final Tract Map No. 61074:

1. The tentative tract map was approved by the Community Development Director on August 31, 2004 pursuant to Burbank Municipal Code Section 27-323 (Director�s Decision on Tentative Map);

2. The Final Tract Map contains five condominium units at 721 East Cypress Avenue, which is located in the R-3 Residential Multiple Low Density Zone;

3. This project is Statutorily Exempt from the provisions of the California Environmental Quality Act pursuant to section 15268(b)(3) relating to approval of final subdivision maps; and,

4. Conditions of Approval for Tentative Tract Map No. 61074 have been cleared by the Planning Division for purposes of Final Tract Map approval.  The Condition of Approval relating to Covenants, Conditions and Restrictions (CC&Rs) will be satisfied when the applicant submits two recorded copies of the CC&Rs to the Planning Division (applicant can not record the CC&Rs until this tract map is approved by Council and recorded at the Los Angeles County Recorder�s Office).

According to the State Subdivision Map Act, Chapter 3, Article 4, Section 66458, and the provisions of Chapter 27 of the Burbank Municipal Code, the Council must approve Final Tract Map No. 61074 if it conforms to all the requirements.  If such conformity does not exist, the Council must disapprove the map at the meeting it receives the map, or at its next regular meeting.  If the Council has not authorized an extension to allow more time to disapprove the map, and the map conforms to all requirements, the map shall be deemed approved by operation of law.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF TRACT NO. 61074 (721 East Cypress Avenue).

 

 

3.      APPROVING THE INSTALLATION OF A THREE-WAY STOP AT THE INTERSECTION OF PASEO REDONDO AND SHERLOCK DRIVE:

 

Staff is requesting Council approval for the installation of a three-way stop at the intersection of Paseo Redondo and Sherlock Drive.  Staff received a request from several residents on Sherlock Drive to investigate traffic speeds and traffic safety on this street in both Burbank and Glendale.  Staff from both cities met with three homeowners in the area to discuss traffic conditions and resident concerns on Sherlock Drive.  Based on this discussion, staff developed a list of potential improvements which were evaluated and further discussed with the residents.

 

After an analysis of the conditions on Sherlock Drive, staff from Burbank and Glendale agreed to recommend the following items to the Burbank Traffic and Transportation Committee:

1. Installation of a Multi-Way Stop at Paseo Redondo and Sherlock Drive � Paseo Redondo deadends into Sherlock Drive about 400 feet west of the Burbank boundary with Glendale.  The intersection is located on the inside of a very curved section of Sherlock Drive which severely limits driver vision of oncoming traffic.  A block wall on the corner of this intersection blocks the visibility of vehicles on Sherlock Drive from drivers exiting Paseo Redondo.  The new Manual of Uniform Traffic Control Devices (MUTCD) allows the installation of a multi-way stop at locations where driver sight distance restrictions are not correctable by other intersection modifications; this location conforms to the MUTCD requirements.

2. Installation of a double yellow centerline on Sherlock Drive � Sherlock Drive begins immediately east of Mountain Street in Glendale and continues through a curving alignment into Burbank.  The installation of a double yellow centerline from Mountain Street to 100 feet north of Paseo Redondo would provide increased guidance for drivers around the sharp curves.  Staff received approval from the City of Glendale to implement this striping in their jurisdiction, and staff will install the striping soon.

3. Advance Curve Warning Signs - Staff verified the need for advisory speed signs on Sherlock Drive between Mountain Drive and Paseo Redondo.  The studies showed that this curve should be posted with a curve warning sign and advisory speed sign of 15 miles per hour (MPH) because of the tight curve. 

The following two resident suggestions were evaluated, but existing conditions do not support the requested modifications:

4. Additional selective enforcement in the area � The speed limit on this residential street is 25 MPH.  The 85^th percentile speed (the speed at which the speed limit is legally established) on the Sherlock Drive is 24 MPH.  The conditions do not support additional selective enforcement in the area.

5. Installation of Speed Humps - The Burbank speed hump installation criteria only allows speed humps on streets with a horizontal curve radius of more than 300 feet.  The horizontal alignment along this street is 125 feet; therefore, staff does not recommend the installation of speed humps on Sherlock Drive.

The Sherlock Drive traffic issues were discussed at the September Traffic and Transportation Committee meeting, and the Committee endorsed the three recommended modifications.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING RESOLUTION NO. 18,339, TO REFLECT A THREE-WAY STOP AT THE INTERSECTION OF PASEO REDONDO AND SHERLOCK DRIVE.

 

 

4.      REQUEST TO AUTHORIZE A VERDUGO FIRE COMMUNICATIONS SERVICE AGREEMENT WITH THE CITY OF ALHAMBRA:

 

The purpose of this report is to request Council approval of an agreement between the Verdugo Fire Communications Service and the City of Alhambra.  The proposed agreement will authorize the Verdugo Fire Communications Center to commence contract dispatching services for the City of Alhambra.  It is anticipated that dispatching will commence on or near the end of the 2005 calendar year.

 

The Verdugo Fire Communications Center provides fire and Emergency Medical Service dispatch services to the cities of Burbank, Glendale and Pasadena.  These cities are �member� agencies and contribute to funding the annual operation of the Center as well as making annual contributions to the reserve for equipment replacement.  Additionally, the Center contracts with seven other agencies, (Monrovia, Arcadia, South Pasadena, Sierra Madre, San Marino, San Gabriel and Monterey Park) to provide dispatching services for a set fee, the revenue from which supplements the Center�s reserve for equipment replacement. Including contract agencies provides revenue for the Center�s operations and provides better coordination and response to large emergencies involving Mutual Aid Area �C� agencies of which Burbank is a participating member and Glendale is the coordinator.

 

Staff believes that the participation of Alhambra in the Verdugo system will significantly enhance service to the public and help provide the revenue to keep Verdugo among the finest dispatching operations in the country.  The Alhambra City Council approved the agreement at their meeting of June 13, 2005. 

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT BETWEEN THE VERDUGO FIRE COMMUNICATION SERVICE AND THE CITY OF ALHAMBRA FOR THE PURPOSE OF AUTHORIZING THE VERDUGO FIRE COMMUNICATIONS CENTER TO DISPATCH SERVICES FOR THE CITY OF ALHAMBRA.

 

 

5.      COOPERATION FIRE PROTECTION AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE, ANGELES NATIONAL FOREST AND THE BURBANK FIRE DEPARTMENT:

 

The purpose of this report is to request authorization to execute a Cooperative Fire Protection Agreement between Angeles National Forest and the Burbank Fire Department.  The proximity of Burbank to the Angeles National Forest exposes the City to the possibility of wildfires that may originate on lands of the Forest.   Similarly, the Forest is exposed to wildfires that may have their origin in Burbank. Either way, as the recent hillside fire made clear, the close proximity of the Forest and the urban areas require that the City do everything possible to aggressively attack wildland fires.

 

The proposed agreement requires both parties to provide assistance for up to 24 consecutive hours following dispatch at no charge.  If an event lasts longer than 24 hours, the party in whose jurisdiction the fire occurs is obligated to pay for the resources retroactively to the time of dispatch.  Naturally, the prompt attack that is envisioned in this agreement should reduce the chances of such an event dramatically.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A COOPERATIVE FIRE PROTECTION AGREEMENT BETWEEN THE USDA FOREST SERVICE, ANGELES NATIONAL FOREST AND THE BURBANK FIRE DEPARTMENT.

 

 

6.      AUTHORIZING THE ACCEPTANCE OF GRANTS FROM THE VERDUGO WORKFORCE INVESTMENT BOARD AND AMENDING THE FISCAL YEAR 2005-06 BUDGET BY APPROPRIATING THE GRANT FUNDS:

 

The purpose of this report is to request Council approval of two proposed resolutions that would authorize the City Manager to accept a total of $58,100 in two grants awarded by the Verdugo Workforce Investment Board (VWIB) to the City�s Management Services Department and amend the Fiscal Year (FY) 2005-06 budget by appropriating these grant funds.  The grant funds include $45,000 in National Emergency Grant (NEG) funds and $13,100 in Workforce Investment Act (WIA) In-School and Out-of-School Youth Grant funds.

 

The cities of Burbank, Glendale and La Canada Flintridge formed the Verdugo Consortium by a joint powers agreement signed December 14, 1999 which is governed by the VWIB.  The Department of Labor through the State�s Employment Development Department awarded VWIB a NEG, as well as additional funding for the WIA In-School and Out-of-School Youth programs. 

 

The purpose of the NEG is to temporarily employ workers to clean up, repair and restore public lands and structures in Glendale, Burbank and La Canada Flintridge that were damaged in the storms this past winter.  The VWIB awarded the City a NEG grant ($404,550) as an amendment to the Burbank�s Workforce Connection contract.  Although the NEG temporary employees will be working for Burbank, all wages/benefits and Worker�s Compensation coverage ($359,550) for the 30 temporary workers will be paid by the City of Glendale.  The recruitment for these employees will be coordinated by the City of Glendale through the Verdugo Jobs Center and the City�s Workforce Connection.  Workers may be retained by Burbank until May 31, 2006 to clear brush and debris, as well as repair concrete, parks and open space areas damaged by erosion and excess growth and vegetation as a result of the storms.  The workers cannot earn more than $12,000 in wages or work more than 1,000 hours.   The City of Burbank will receive $45,000 in grant monies to fund program coordination, safety equipment and supplies. 

 

The purpose of the WIA In-School and Out-of-School Youth programs is to provide gainful employment and training to at-risk youth.  VWIB awarded the City a WIA grant ($26,970) for the Fall 2005 youth programs.  Although the youth participants will be working for Burbank, Glendale will administer the payroll and Worker�s Compensation coverage for the six in-school and three out-of-school youth workers ($13,870).  As such, Burbank will receive $13,100 in grant monies to fund program coordination and supplies.  The Management Services Department will utilize existing staff, resources and expertise to operate the program.  The WIA In-School program was successfully operated in 2001 and the CalWORKs Youth Jobs Program operated during the summers of 2004 and 2005, and had excellent results.  Based on the City�s past success in operating youth programs and funds available for the region, there is a chance that additional funds will be available in the future. 

 

Accepting the two grants will have no fiscal impact on the City of Burbank.

 

Recommendation:

 

Adoption of proposed resolutions entitled:

(4/5 vote required)

1.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006 BUDGET FOR THE PURPOSE OF RECEIVING AND APPROPRIATING NATIONAL EMERGENCY GRANT FUNDS FROM THE VERDUGO WORKFORCE INVESTMENT BOARD (VWIB) IN THE AMOUNT OF $45,000 FOR THE PURPOSE OF COORDINATING TEMPORARY EMPLOYMENT FOR DISLOCATED WORKERS TO REPAIR DAMAGE CAUSED BY THE 2005 WINTER STORMS AND APPROVING THE AGREEMENT BETWEEN THE CITY OF BURBANK AND THE CITY OF GLENDALE RELATING TO THE WORKFORCE CONNECTION.

 

(4/5 vote required)

2.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006 BUDGET FOR THE PURPOSE OF ACCEPTING AND APPROPRIATING $13,100 IN WORKFORCE INVESTMENT ACT IN-SCHOOL YOUTH AND OUT-OF-SCHOOL YOUTH GRANT FUNDS TO IMPLEMENT THOSE PROGRAMS AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS OF AN AGREEMENT WITH THE CITY OF GLENDALE RELATING TO THOSE PROGRAMS.

 

 

7.      APPROVAL OF THE PURCHASE PRICE OF TAX-DEFAULTED PROPERTY LOCATED AT 3359 LAMER STREET, IDENTIFIED AS THE BURBANK WESTERN SYSTEM BRACEMAR DEBRIS BASIN, FOR THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT:

 

The Los Angeles County Flood Control District is requesting concurrence of the purchase price of $1,974 by the City in acquiring tax-defaulted property located at 3359 Lamer Street and identified as Lot 116 within the City for flood control purposes for the Burbank Western System-Bracemar Debris Basin.  The debris basin improvements were constructed by the developer, SOCALAND Corporation, as a condition to the development of this tract.  This property is presently being utilized by the Los Angeles County Flood District as a flood control debris basin; however, the owner of the land remains SOCALAND Corporation.