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:

 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:                       The Courts have concluded that sectarian prayer as part of City

                                                 Council meetings is not permitted under the Constitution.

 FLAG SALUTE:

 ROLL CALL:

 

RECOGNITION:                    TUTTLE CENTER DISTINGUISHED SITE.

PROCLAMATION:               GO RED FOR WOMEN.

PRESENTATION:                OATH OF OFFICE TO NEWLY-ELECTED COUNCIL MEMBER.

 

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.      HOME OCCUPATION MUSIC LESSON ORDINANCE:

1.        Applicants must obtain an AUP pursuant to Division 4.1 of Article 19 of Chapter 31 of the Burbank Municipal Code, except that mailed notice of the decision shall be limited to all property owners and occupants within a 150-foot radius of the property;

2.        Applicants for an AUP to teach music lessons to minors (students under 18 years of age) are required to submit fingerprints in order to conduct a background investigation of the applicant;

3.        Music lessons shall be conducted between the hours of 9:00 a.m. and 8:00 p.m.;

4.        Music lessons shall be limited to a maximum of five days per week;

5.        Music lessons shall be limited to a maximum of 10 students per day;

6.        Music lessons shall be conducted as one-on-one lessons, with one teacher and one student per lesson;

7.        No person shall conduct music lessons in such a manner that a reasonable person of normal sensitivity residing in the area where the music lessons are being conducted is caused discomfort or annoyance either by noise, sound or vibration from such music lessons;

8.         There must be designated on the premises a location for the queuing of students before and after lessons to prevent the uncontrolled loitering of students in the residential area.  Such location shall be shown on the submitted site plan, which will accompany the AUP application;

9.        There must be on-premises parking for persons coming to or leaving music lessons.  On-premises parking must be provided for at least one vehicle in addition to the required parking for the residence itself, and must be shown on the submitted site plan.  Such parking area may be located in a driveway in a single- family residential zone.  Guest parking may be used to satisfy this requirement in a multiple-family residential zone.  When music lessons are being conducted, the designated parking area must be left open and available for student parking;

10.   Music lessons are not subject to the pedestrian and vehicle traffic restrictions of Subsection (i) of the Home Occupation Ordinance; and,

11.   The applicant is responsible for all costs associated with the permitting process, including any applicable background investigation fees, as established by the Burbank Fee Resolution. 

This matter has previously been deliberated by both the Council and the Planning Board.  Both bodies have preliminarily determined that through the implementation of certain restrictions, standards and conditions, the conduct of this commercial activity from the residence will not be detrimental to residential neighborhoods. 

          Recommendation: 

         1.      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 HOME OCCUPATIONS AND MUSIC LESSONS.

 

         2.      Adoption of proposed resolution entitled:

                  A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III OF RESOLUTION NO. 26,994, THE BURBANK FEE RESOLUTION, RELATING TO LAND USE AND ZONING.

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: 

JOINT MEETING WITH THE REDEVELOPMENT AGENCY: 

2.  Downtown Burbank Partnership, Inc. Annual Report and Assessment: 

As part of the Redevelopment Agency (Agency) Board�s and the Council�s efforts to improve Downtown, a property-based Business Improvement District was formed to fund a variety of improvements in partnership with Downtown Burbank property owners.  On July 22, 2003, the Council approved the Business Improvement District and on October 28, 2003, the Council appointed the first Board of Directors for the organization now known as the Downtown Burbank Partnership, Inc.

The total annual assessment to the City and Agency is approximately $123,000; however, the Agency agreed to pay the City�s and Agency�s five-year share up front to help pay for capital items that could be installed sooner rather than later, such as holiday decorations, wayfinding and smart signage.  The remaining $597,000 annual assessment is paid by approximately 130 property owners throughout Downtown, excluding residential and non-profit property owners. 

A number of improvements and new programs were implemented during the last two years through the Downtown Burbank Partnership.  The improvements include new holiday d�cor, additional sidewalk/alleyway maintenance and security, a Goodwill Ambassador Program and a free wireless Internet access program.  Marketing and promotions have been an important focus of the Downtown Burbank Partnership and have been enhanced this year with the updated Downtown website (www.downtown-burbank.org) and Downtown directory brochure.  Also, a monthly newsletter with a circulation of 800 is sent to promote the latest happenings in Downtown, including special events, new retail and restaurants, space opportunities and the Saturday morning Farmers Market.  Downtown Burbank Partnership was also recognized by the California Downtown Association and California Festivals and Events Association for the 12 Days of Holiday Cheer brochure, logo and Best New Idea in working with other community groups as a combined effort.  This effort, The Taste of Downtown Burbank, benefits the Burbank Community YMCA. The website, www.tasteofdowntownburbank.com, was established and was the source for 95 percent of the tickets sold prior to the event.  An updated leasing packet and staff-broker relations have also helped to cultivate interest from new retailers to locate in Downtown.  In addition, numerous events are planned and will continue for 2006, including the free-to-the-public summer swing/salsa concerts, the Downtown Burbank Fine Arts Festivals and the award-winning 12 Days of Holiday Cheer. 

Recommendation: 

Adoption of proposed City Council resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE ANNUAL REPORT AND LEVYING THE 2006-2007 ASSESSMENT FOR THE DOWNTOWN BURBANK PROPERTY AND BUSINESS IMPROVEMENT DISTRICT.

 RECESS the Redevelopment Agency meeting. 

JOINT MEETING WITH THE YOUTH ENDOWMENT SERVICES FUND BOARD:

3.  REVIEW OF THE CITY�S FINANCIAL STATUS AS OF DECEMBER 31, 2005, APPROVAL OF MID-YEAR ADJUSTMENTS TO THE FISCAL YEAR 2005-06 BUDGET AND PREVIEW OF THE FISCAL YEAR 2006-07 BUDGET: 

The purpose of this report is to provide the Council with a review of the City�s financial status as of December 31, 2005, and to request Council approval of mid-year adjustments to the Fiscal Year (FY) 2005-06 approved Budget.  In addition, staff is requesting approval by the Youth Endowment Services (YES) Fund Board of a mid-year appropriation in the YES Fund.  The report will also provide relevant detail as it pertains to the development of the City�s FY 2006-07 Budget.

The following provides a summary of the FY 2005-06 Budget which includes the impact of re-estimated revenues and the proposed mid-year adjustments. 

 

         Recurring Revenues                                                                                        $123,282,906

         Less: Utility Users Tax (UUT) In Lieu Set Aside Revenue                               (2,059,000)

         Net Estimated Recurring Revenues                                                              $121,223,906

 

         Less:  Recurring Appropriations                                                                   (123,191,941)

         Potential Impact of Anticipated MOUs (BMA, Unrepresented, Execs)             (936,811)

         Impact of Mid-Year Appropriations � Recurring                                                    (10,000)

         Plus: Savings from Frozen Positions                                                                   2,203,981

         Recurring Balance                                                                                                  (710,866)

         Use of PERS Stabilization Fund                                                                             710,866

         RECURRING BALANCE                                                                                          .        -0-

 

         Undesignated Fund Balance, July 1, 2005                                                       $7,277,482

         Plus:  Use of UUT In Lieu Set Aside                                                                        300,000

         Total Available Non-Recurring Sources                                       7,577,482

        

         Less:  Increase in working capital reserves                                                      (1,141,000)

         Increase in emergency reserves                                                                           (374,000)

         Compensated absences                                                                                       (800,000)

         Budgeted One-time Items                                                                                      (915,353)

         Additional PERS enhanced retirement costs                                                      (877,000)

         Anticipated Retiree Medical Trust (Year 4)                                                          (407,610)

         Impact of Mid-Year Appropriations � Non-Recurring                                      (1,252,926)

         Total Non-Recurring Uses                                                                                  (5,767,889)

         Plus Available Recurring Balance (from above)                                                              -0-

         Plus Available Non-Recurring Sources (from above)                                        7,577,482

         Estimated Available Fund Balance, June 30, 2006                $1,809,593

        

For the first six months of the fiscal year, the General Fund received $49,250,650 in recurring revenue (net of the UUT In-Lieu Set-Aside), which represents 40.8 percent of the adopted estimated revenues.  For perspective, last year�s six-month report showed the City receiving 38.5 percent of its estimated revenues, or $44,439,005.  Overall, the City�s revised recurring revenue estimates for FY 2005-06 have been increased by a net $558,028 over original estimates as a result of increases in the following categories:  Sales Tax, Service Charges, Interest/Use of Money, Parking/Traffic/Other Fines, and Building Permits/License Fees.  Revenue reductions were made in Franchise Fees and Intergovernmental Revenue. 

With the exception of the requested mid-year adjustments detailed in this report, 49.1 percent of the recurring appropriations have been expended as of December 31, 2005 � exactly the same percent for the same period last year.  This is particularly notable since departments reduced their discretionary budgets by one percent from last year. 

In summary, the requested mid-year adjustments for the General Fund will have a total impact of $1,262,926 (net of revenue it is $1,218,752).  Again, the majority of the amount requested ($1,137,613) was disaster-related.  There will also be an impact to the Non-General Funds of $11,769,578 (net of revenue it is $1,600,524).  The total fiscal impact Citywide is $13,032,504 (net of revenue it is $2,819,276). 

Regarding the YES Fund (Fund 130), the Park, Recreation and Community Services Department is requesting $291,607 from the City Grants account to fund previously-awarded YES grants that were inadvertently excluded from the prior year's carryover list. 

The Governor released the FY 2006-07 proposed State budget on January 10, 2006 which now projects that the State will be able to fund much more than a current-law budget and still maintain fiscal balance in 2006-07.  As part of the State�s improving revenue outlook, the Governor has restored funding to many programs, including grants to local agencies.  FY 2006-07 will be the first year after the passage of Proposition 1A that the State can no longer take Education Revenue Augmentation Fund funds from both the City and the Redevelopment Agency, unless a State fiscal state of emergency is declared. 

The City projects a recurring budget deficit position over the next several years due to the increase in our recurring costs, due mostly to negotiated salaries and benefits.  As a result, the General Fund budget parameters for this year are once again strict.

 

For FY 2006-07, departments have been requested to present discretionary appropriation reductions of one percent.  In past years, revenue increases, either through fee increases or through volume, could be used towards a department�s reduction.  However, effective FY 2006-07, any revenue increase used towards a department�s reduction will be counted at 50 percent, and not on a dollar-for-dollar basis.  The Executive Team will be carefully scrutinizing the use of revenue as part of any allowed reductions and will review all cost reductions.  It is the intent to use anticipated UUT In-Lieu Set Aside Funds to balance the FY 2006-07 recurring budget to cover any remaining shortfall.

 

Although staff plans to provide the Council with a more descriptive five-year forecast throughout this year�s budget process, the following chart will serve to highlight the difficult challenge the City will be facing over the next several years. Clearly, the structural imbalance between recurring revenues and expenditures is a continued focus and will continue to be addressed.

Recommendation:

Adoption of proposed City Council resolution entitled:

(4/5 vote)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE BUDGET OF FISCAL YEAR 2005-2006 FOR THE PURPOSE OF MID-YEAR ADJUSTMENTS. 

 

Adoption of proposed Youth Endowment Services Fund Board resolution entitled:

A RESOLUTION OF THE YOUTH ENDOWMENT SERVICES FUND OF THE CITY OF BURBANK AMENDING THE BUDGET OF FISCAL YEAR 2005-2006 FOR THE PURPOSE OF MID-YEAR ADJUSTMENTS. 

 

RECESS the Youth Endowment Services Fund Board meeting. 

 

CONSENT CALENDAR: (Items 4 through 8) 

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. 

 

4.      RESOLUTION OF INTENTION FOR THE ANNUAL WEED ABATEMENT PROGRAM: 

The annual weed abatement program removes the nuisance created on various properties by weeds, rubbish, refuse and brush.  These nuisances create a potential fire hazard and a haven for rodents and vectors.  The purpose of the Resolution of Intention is threefold: 

1.      To declare weeds and debris to be a public nuisance;

2.      To declare the City Council�s intent to abate the nuisance; and,

3.            To establish the date of February 28, 2006, at 6:30 p.m., as the date and time for a public hearing relating to this issue. 

This resolution is a necessary legal step in the execution of the 2006 Weed Abatement Program under the provisions of the State of California Government Code Title 4, Division 3, Part 2, Chapter 13, Article 2, Sections 39560 to 39588. 

The County has compiled a list of properties within the City, which need to be cleared of weeds, rubbish, refuse and debris during the 2006 Weed and Debris Clearance Program.  Data used in compiling this list has been developed from the official weed maps of the County of Los Angeles, which identify private property locations by parcel number. 

Upon receipt of Council approval, notices to destroy weeds will be mailed to the property owners as required by the Government Code of the State of California.  An affidavit of mailing will be returned to the City by the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures when the mailing of notices, as provided by law, has been completed. 

This resolution declares weeds and debris a public nuisance and is the first Council action necessary for the City to carry out the annual program of abating weeds and debris on certain private properties throughout the City.  The owners of the private property involved may either complete the abatement themselves, or the County will do the work and recover the cost of the abatement through a property tax lien.  There is no financial impact on the City General Fund or Redevelopment Agency�s budget for this program other than incidental administrative costs. 

Recommendation: 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF. 

 

5.      APPROVAL OF FINAL TRACT MAP NO. 61424 � 226 WEST TUJUNGA AVENUE: 

Staff is requesting Council approval of Final Tract Map No. 61424, a two-lot subdivision totaling 15,250 square feet located at 226 West Tujunga Avenue.  The property is in the R-4 Residential  Multiple Medium Density Zone and is owned by Alex Kuiumdjian and Elizabeth Kuiumdjian. 

On December 9, 2004, through Administrative Use Permit No. 2004-120, the property owners requested City approval to convert their existing 20-unit apartment structure over two lots, to a one-lot, 20-unit residential condominium with a subterranean parking garage.  Final Map No. 61424 finalizes the 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. 61424: