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.

 

 

UTILITY USERS TAX STUDY SESSION:

 

Staff will be explaining to the Council the Utility User�s Tax (UUT) and Cable Franchise fee and their impact to the City�s revenue.  Some of the items to be covered in the presentation include:

 

�        Description of franchise fees and UUT;

�        Summary of legal challenges to California UUT;

�        Summary of legislative challenges to UUT; and,

�        Summary of technological challenges to UUT.

 

The Study Session will be presented by Don Maynor, attorney who specializes in UUT and works in conjunction with MBIA MuniServices, to monitor and analyze the UUT for the City.

 

 

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:

 

 

PROCLAMATION:               PLANT-A-TREE MONTH.

 

PROCLAMATION:               INTERNATIONAL WOMEN�S DAY AND ZONTA ROSE DAY.

 

RECOGNITION:                    BRONZE STAR MEDAL RECIPIENT CESAR HERNANDEZ.

 

 

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 March 6, 2006.  Other Airport-related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

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 and 3)

 

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.      BURBANK WATER AND POWER MONTHLY OPERATING REPORT:

 

Staff has prepared the Burbank Water and Power (BWP) Water and Electric Monthly Report regarding water quality and power issues for February 2006.

 

WATER UPDATE

 

Water Quality

 

Water quality during January met or exceeded State and Federal drinking water standards.

 

Fiscal Year (FY) 2005-06 Year-To-Date Water Fund Financial Results as of January 31, 2006:

 

 

( ) = Unfavorable

* Includes Power Plant Sales, Commercial and Industrial Reclaimed Sales

(A)       WCAC overcollection decreased potable water revenue by $163k in January 2006 and $292k for year-to-date.  

(B)       The actual YTD MPP consumption of recycled water was 261,889 CCF lower and revenues were $370k lower.   

(C)      During the first quarter, the BOU experienced reduced operating capacity due to carbon screen failures and water production problems associated with the persistent low water table and well maintenance. Thus, there was an increased need for purchased water from the Metropolitan Water District (MWD). The BOU had an average of 58% of operating capacity compared to a 75 percent budgeted capacity.

(D)      Customer deposit of $600k for fire hydrant meter dated from 2002.

(E)       In-lieu accrual of $39k was recorded in June 2005 as part of the year end closing.  This entry was reversed in July 2005.  BWP does not accrue in-lieu monthly.  In addition, year-to-date sales is lower than budget.

 

FY 2005-06 Water Fund Financial Reserve balances as of January 31, 2006 are summarized in the following table:

 

    

 

 

ELECTRIC UPDATE

 

Electric Reliability

 

The following table shows the system-wide reliability statistics for FY 2005-06 through January 31, 2006, as compared to the same time period for FY 2004-05:

 

Reliability Measure	Fiscal Year 2004-05	Fiscal Year 2005-06 (through January 31)
Average Outages Per Year	0.2101	0.3071
Average Outage Duration	75.69 minutes	67.06 minutes
Average Service Availability	99.9949%	99.9933%

 

Financial and Operations Update

 

FY 2005-06 year-to-date Power Financial Results as of January 31, 2006:

 

( ) = Unfavorable

(A)           Primarily due to the higher cost of replacement power associated with the MPP delay and outages in October-December 2005.

(B)           BPA settlement of $591k in July was not budgeted. Actual interest income is higher than budget due to a higher interest rate. Budget assumes interest rate of 2.5 percent APR.  Actual interest rates range between 4 percent-5.5 percent.  YTD impact of higher interest income is $600k.

(C)          In-lieu accrual of $364k was recorded in June 2005 as part of the year end closing.  This entry was reversed in July 2005 and no monthly accrual was made in FY 2005-06.

 

FY 2005-06 Power Fund Financial Reserve balances as of January 31, 2006 are summarized in the following table:

 

   

 

Recommendation:

 

Note and file.

 

 

3.      AUTHORIZING AN APPROPRIATION FROM THE GENERAL FUND TO INSTALL SPEED HUMPS ON FREDERIC STREET:

 

At the January 31, 2006 meeting, the Council directed staff to install speed humps on Frederic Street between Chandler Boulevard and Magnolia Boulevard.  The Council�s direction resulted from an appeal by Maureen Spagnolo, a resident of Frederic Street, of a decision by the Traffic and Transportation Committee to deny a request for speed humps.

 

The speed hump program is currently unfunded as a result of program reductions over the last several years.  Therefore, staff requests that the Council approve an appropriation of $3,000 from the unappropriated General Fund balance to install speed humps on Frederic Street between Chandler Boulevard and Magnolia Boulevard.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $3,000.00 FOR THE FUNDING OF SPEED HUMPS ON FREDERIC STREET.

 

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

 

 

REPORTS TO COUNCIL:

 

4.      COUNCIL AND AGENCY LIAISONS TO COMMITTEES AND COALITIONS:

 

Each year during the Council�s Goal Setting workshop held in May, the Council appoints Council Members to serve as Council liaisons to over 30 committees and coalitions.   Currently, there are vacancies for Council liaisons for nine committees.  These committees include the:  Airport Subcommittee; Domestic Violence Task Force; Mag-Lev Corridor Subcommittee; Magnolia Park Citizen Advisory Committee; Opportunity Site 6B Committee; Auto Dealers/Zero Site Subcommittee; Site Specific Selection Committee for Art Projects at Burbank Water Power and Chandler Boulevard Bikeway; Treasurer�s Office Subcommittee; and, Workers Compensation Subcommittee.   

 

Recommendation:

 

Staff recommends that the Council appoint liaisons to the committees specified above.      

 

 

5.      TELEVISING CHARTER REVIEW COMMITTEE MEETINGS:

 

At the February 14, 2006 Council meeting, Council Member Gordon requested that staff bring back for Council consideration information on televising the Charter Review Committee meetings, including cost estimates. 

 

Comprised of 15 community members appointed by the Council, the Committee is charged with the task of reviewing the City�s Charter and making recommendations to the Council for amendments.  Once the Council has reviewed and approved or modified the Committee�s recommendations, the Council will submit the proposed charter amendments to Burbank voters for approval at the April 2007 election. 

 

The Committee meetings are typically held two Monday evenings per month at the Fire Training Center from 6:30 p.m. to 9:00 p.m.  All Committee meetings are open to the public and subject to Brown Act requirements, including the posting of agendas no less than 72 hours in advance and the inclusion of a public comment period on each agenda.  Agendas are made available for review by the public at City Hall, Police/Fire Building, Central Library, Buena Vista Library, Northwest Library, and Joslyn Adult Center, and additional information about the Committee is available on Channel 6 and the City�s website. 

 

Staff solicited cost estimates for televising the Committee meetings from Studio Spectrum, a video production, fabrication and sales company located in Burbank.  Studio Spectrum provided estimates for three options to televise the remaining Committee meetings, ranging in cost from $54,000 to $67,500.  The options include the use of the limited video production equipment currently in place at the Fire Training Center. 

 

Should the Council choose to pursue televising the Charter Review Committee meetings, staff would recommend Council direction to return with an appropriation request to cover the associated cost. 

 

Recommendation:

 

Staff recommends that the Council provide direction regarding televising the Charter Review Committee meetings.       

 

 

6.      ACCEPTING THE SCHEMATIC DESIGN PROGRAM, AUTHORIZATION TO PROCEED WITH DESIGN DEVELOPMENT AND AUTHORIZATION OF GENERAL FUND FINANCING FOR THE DEBELL CLUBHOUSE REPLACEMENT PROJECT - BID SCHEDULE NO. 1153:

 

Staff is requesting the Council accept the Schematic Design Phase Program, authorize staff to proceed with the Design Development Phase and authorize a $1.5 million transfer from the General Fund for the DeBell Clubhouse Replacement Project � Bid Schedule No. 1153.

 

In December 1998, an independent Feasibility Report issued by Klages Carter Vail and Partners reported on the practicality of either remodeling and/or expanding the existing clubhouse facilities versus demolishing and building a new clubhouse.  An investigation of the facility�s overall condition was reviewed and evaluated.  The report concluded that the City would be better served by a completely new clubhouse.  A properly designed new facility would provide improved golf operations, more efficient concessionaire facilities and eliminate any potential compromises from remodeling and/or expanding the existing facility.

 

The Clubhouse Project officially began in June 2002.  Since that time, staff has reviewed design, program alternatives and financial strategies.  In addition, staff held outreach meetings with: the Park, Recreation and Community Services Board; Greens Committee; golfing community; private golf clubs; and, the general public.

 

For more than two years, staff faced continued construction escalation costs that proved detrimental in providing a balance between essential program needs and project affordability.  Staff�s recommendation to provide a new clubhouse on the existing site that is about 17 percent larger in total interior space than the current facility, is the result of balancing needs and cost � maximizing program benefit for the least cost.

 

The Golf Fund has allocated $6.5 million for the DeBell Clubhouse Replacement Project, but an additional $1.5 million is needed to complete the project.  To address this need, staff is proposing to amend the City�s approved budget and transfer $1.5 million from the General Fund at the Local Agency Investment Fund (LAIF) rate plus a specified margin to be approved by the Council.  This provides flexible, low-cost financing for the Golf Fund and provides the General Fund with additional investment return.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SCHEMATIC DESIGN PROGRAM, AUTHORIZING STAFF TO PROCEED WITH THE DESIGN DEVELOPMENT PHASE, AND AUTHORIZING THE ADVANCE OF $1.5 MILLION FROM THE GENERAL FUND TO THE GOLF FUND FOR THE DEBELL CLUBHOUSE REPLACEMENT PROJECT � BID SCHEDULE NO. 1153.

 

 

7.      NBC PARKING AND TRANSITIONAL ISSUES:

 

The purpose of this report is to update the Council on the current status of the parking and transitional issues associated with the sale of NBC�s approximately nine-acre �Catalina� parcel to M. David Paul.

 

NBC representatives have provided staff with information regarding how they will vacate buildings, employees and parking from the Catalina property and where replacement parking is proposed.  Staff has reviewed this information, but still has outstanding questions and has requested NBC to provide a replacement parking plan that complies with the Development Agreement and Burbank Municipal Code.

 

Recommendation:

 

Staff recommends placing this item on a future Council agenda once a revised replacement parking plan has been provided by NBC.

 

 

8.      WAIVER OF CONFIDENTIALITY OF LEGAL OPINION REGARDING THE NBC CATALINA PROPERTY:

 

On February 21, 2006, the Council requested to consider an item pertaining to the release of a confidential legal opinion regarding the NBC Catalina Property as part of the two-step agenda process.  The first step is to determine whether the Council would like to have a report placed on a future agenda.

 

On November 1, 2005, the Council voted to consider the release of a confidential legal opinion prepared by the outside law firm of Shute, Mihaly & Weinberger.  The action failed, as the vote for this item tied at 2-2.  Council Member Gordon has requested to reconsider the release of this memo.

 

Recommendation:

 

Staff recommends that the Council determine if it would like the matter placed on a future agenda for consideration to release the confidential memo.

 

 

9.      SUPPORT FOR NOMINEE TO THE METROPOLITAN TRANSPORTATION AUTHORITY BOARD:

 

The current Board representative for the North County � San Fernando Valley Sector is Mayor Frank Roberts of Lancaster.  In choosing a successor representative, staff feels that the City�s regional transportation and transit interests would be best served with a representative from a nearby city rather than from a more distant municipality.  The cities of Burbank and Glendale have similar regional transportation needs, and both cities share a history of cooperation and collaboration on regional transportation issues that affect the Sector.  Staff feels that supporting a candidate from the City of Glendale will provide the best representation of Burbank�s interests in regional transportation issues.

 

Recommendation:

 

Staff recommends that the Council support the nomination of Glendale City Council Member Ara Najarian to succeed City of Lancaster Mayor Frank Roberts as the North County-San Fernando Valley representative to the Metropolitan Transportation Authority (MTA) Board of Directors. 

 

 

ADOPTION OF PROPOSED ORDINANCES:

 

10.    AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE CONCERNING STANDARDS FOR FENCES, WALLS, HEDGES AND OTHER YARD FEATURES:

 

On Tuesday, February 28, 2006, at the conclusion of the public hearing to consider various amendments to Chapter 31 of the Burbank Municipal Code (BMC) concerning standards for fences, walls, hedges and other yard features and ornamentation, the Council introduced an Ordinance of the Council of the City of Burbank Amending Various Sections of Chapter 31 of the BMC Relating to Fences.  The ordinance introduced by the Council contained the following amendments to the ordinance presented for consideration in the agenda packet: 

 

�  Property owners shall not be required to pay a fee when appealing a denial of any application for Minor Fence Exception Permits or Major Fence Exception Permits;

 

�  There shall be no height or spacing requirements on trees, bushes, hedges or other vegetation.  However, trees, hedges and other vegetation shall be subject to the safety findings established for the abeyance of enforcement actions for non-conforming fences and walls;

 

�  Yard features and ornamentation shall be allowed, and there shall be no limitation on the number or size of yard features and ornamentation;

 

�  The fifth safety finding (i.e., finding �e�) shall be deleted from Section 31-19202 regarding Enforcement Abeyance Provisions in Lieu of Fence Permits;

 

�  During any (i) enforcement action abeyance review, (ii) review of any application for a minor permit exception, or (iii) review of any application for a major fence exception permit for any non-conforming fence, wall, hedge or other feature, property owners shall have the opportunity to propose measures to mitigate or abate any safety concerns subject to Section 31-19202; and,

 

�  Finding No. 7 required for both Minor and Major Fence Exception Permits is modified to read as follows:  The scale and proportion of the feature are consistent and compatible with structures on the same property and within the general area.

 

Additionally, the Council adopted the proposed fee resolution specifically providing that the permit fees for the Minor Fence Exception Permit and Major Fence Exception Permit shall be $75 and $150, respectively, for the first year following the effective date of the Ordinance, and that such fees shall thereafter be increased to $150 and $300 for Minor Fence Exception Permits and Major Fence Exception Permits, respectively.

 

Recommendation:

 

Adoption of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING VARIOUS SECTIONS OF CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO FENCES.

 

 

11.    APPROVAL OF A COMPENSATION PACKAGE FOR THE CITY COUNCIL:

 

The purpose of this report is to request Council adoption of the ordinance approving the compensation package for the City Council. 

 

According to the 12-city survey, the Council Members are behind the compensation levels provided in other cities by 45.24 percent (or $463.71).  All of the cities in the survey have part-time Council Members who work in a City Manager/City Council form of government.  While Burbank�s Council Members are significantly behind the survey average, pursuant to California Government Code Section 36516 (c), the Council compensation can only be increased up to a maximum of five percent from the previous year. 

 

It is staff�s recommendation that effective July 1, 2006, the Council approve a five percent increase to the current salary of $975 per month.  While the job of Council Member is part-time, the Council Members spend a tremendous amount of time researching issues, meeting with constituents, businesses, non-profit organizations, etc. to become more informed on the issues facing the community.  The job of an elected policy maker in Burbank is a challenge to one�s personal and professional life and requires commitment and dedication so that they can be prepared to make decisions that will impact Burbank today and well into the future.  As such, the position should be given proper recognition as well as the credit it deserves.   

 

It is also important to note that due to the passage of Assembly Bill 1234, monthly automobile allowances for Council Members are no longer permitted by law.  Thus, effective February 1, 2006, the Council Members lost the following car allowance: Mayor - $185 per month, Vice Mayor - $145 per month, and Council Member - $125 per month.  Thus,  it is staff�s belief that this recent reduction in the Council�s pay only further supports the need to increase the Council salaries by the legally-permitted five percent. 

 

The total proposed maximum cost of the compensation package for the City Council which has benefits going into effect in Fiscal Years (FY) 2005-06, 2006-07 and 2007-08 is $18,321 (salary consideration is only allowed for in FY 2005-06).  The proposed cost of the Council compensation package for FY 2005-06 is $6,400.50.  Due to the fact that the Council car allowance was removed effective February 1, 2006 (totaling $4,875) and there are salary savings in excess of $3,500, there will be no budgetary impact for FY 2005-06.   The benefit costs in the following years will be addressed through the normal budget process.