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:

 

 

PROCLAMATION:               ADULT EDUCATION WEEK.

 

 

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.      ELIMINATION OF COMPACT PARKING :

 

On April 26, 2004, the Council adopted an amendment to the Burbank Municipal Code (BMC), eliminating provisions for compact parking in multi-family residential zones.  At the Council�s request, staff returned on June 14, 2005 with a report detailing the potential effects of prohibiting compact parking spaces for the remaining commercial and industrial uses.  This report responds to the direction provided by the Council at that time. 

 

The BMC currently allows up to 45 percent of required parking spaces to be compact for general office and industrial uses.  The compact stall size is seven feet, six inches wide by 15 feet long.  Standard parking spaces must be 18 feet long.  The minimum width required depends upon the use for which the parking is intended.  Spaces for retail, commercial, and other high-turnover uses must be, at minimum, nine feet wide. Spaces for residential, general office, industrial, and other low turnover uses must be, at minimum, eight feet, six inches wide.  Compact stalls are not permitted for any use other than general office and industrial. 

 

Compact parking is generally not compatible with uses having high parking turnover.  Burbank does not allow compact parking for high turnover uses such as retail stores, medical offices, banks or restaurants.  However, there are additional problems associated with the use of compact parking.  These include the demographic of vehicles on the road, the changing definition of the compact car, abuse of compact spaces by motorists with large vehicles and the inability to enforce the safe use of compact spaces by compact vehicles.  Many California communities have eliminated or decreased their allowance for compact parking.  Further, most cities that still allow compact parking allow for space ratios much lower than Burbank and have larger compact stall sizes comparable to Burbank�s full-size stalls. 

 

The Planning Board considered the proposed Zone Text Amendment (ZTA) at a public hearing on January 23, 2006.  There was one public speaker in support of the amendment.  All Board members expressed their support for the action as recommended by staff and voted 4-0 to recommend that the Council adopt the ZTA. 

 

Although compact parking is less expensive and consolidates more parking on a smaller site, staff believes that the problems associated with compact parking outweigh the benefits. 

Recommendation:

 

1.      Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A NEGATIVE DECLARATION FOR PROJECT NO. 2005-128 (ZONE TEXT AMENDMENT ELIMINATING COMPACT PARKING).

 

2.      Introduction 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 ELIMINATING COMPACT PARKING FOR COMMERCIAL AND INDUSTRIAL USES.

 

 

RECESS for the Housing Authority public hearing.

 

RECONVENE for the City Council meeting.

        

 

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.      ART INSTALLATION AT THE INTERSECTION FORMERLY KNOWN AS FIVE POINTS:

 

At the October 18, 2005, Council meeting, Mayor Vander Borght requested that staff bring back a discussion on the potential of developing a gateway public art installation at the intersection of Burbank and Victory Boulevards and Victory Place, formerly known as �Five Points.�  This item was placed on the agenda on November 22, 2005 and the Council directed staff to bring back a proposal for their consideration, as well as, with the assistance of an appointed Site Specific Art Committee, to initiate an artist search without the services of an art consultant.

 

The City has developed numerous public art installations in conjunction with new capital projects.  These include, but are not limited to, the Police/Fire Headquarters facility, Stough Canyon Nature Center, Buena Vista Library/Lincoln Park and McCambridge Park renovation.

 

The area of land available for an art installation is approximately one acre.  It is not easily accessible to pedestrian traffic, however, it is very visible to motorists.  Given the appropriate size of the potential art installation and the stated desire that it should be a �gateway� project, staff recommends that the Council consider $150,000 be appropriated from the Public Art Fund.  Staff also recommends that the Redevelopment Agency Board also consider that an additional $150,000 be allocated from the Golden State bond proceeds.  The total appropriation for this major installation, once fully funded, would be $300,000.

 

To move forward, a Site Specific Art Committee would need to be appointed.  Since this project will have a close relationship to the Burbank Boulevard Beautification Streetscape Project, staff would recommend that the Council consider members of the existing Oversight Committee, representatives from the City Manager�s Office, Community Development Department, Public Works Department, Park, Recreation and Community Services Department, and a landscape architect.  In addition, staff recommends the inclusion of a representative from the Heritage Commission, the Art in Public Places Committee, and two appointees from the Burbank Boulevard business district.  This is a large committee, but will afford continuity between the art installation and the beautification of the streetscape.

 

It is also staff�s desire to obtain the Council�s general concepts which should be taken into consideration when selecting a proposal that would be brought back to the Council for approval. 

 

Redevelopment Agency Assistance

 

It is proposed that the $300,000 cost for installation of the art piece be split between the Public Art Fund and Golden State Bond Proceeds.  While the open area where the art piece is proposed to be installed is immediately adjacent to the Golden State and South San Fernando Redevelopment Project Areas, it is not actually in a Redevelopment Project Area. In order for the Redevelopment Agency (Agency) to fund its share of the art piece, certain findings must be made in accordance with California Community Redevelopment Law, Section 33445.  Health and Safety Code Section 33445 requires that the Council find that:  1) the use of Agency Funds outside a redevelopment project area is of benefit to the project area funding the improvement; 2) there is no other reasonable means of financing the improvements; 3) the redevelopment purpose served is identified; and, 4) funding the public improvements will assist in the elimination of one or more blighting conditions inside the project area or assist in providing affordable housing. 

 

Section 33445 Findings

1. The use of Agency funds for this purpose will create a major gateway element immediately adjacent to both project areas which will be a benefit to both project areas.

2. The City�s Public Art Fund has been identified to fund one-half ($150,000) of the cost of the art piece.  However, there is no other reasonable means of financing the remaining balance of $150,000.  

3. The redevelopment purpose, as identified in the Merged Redevelopment Agency Plan, is to create a gateway element immediately adjacent to two project areas that will help achieve an environment reflecting concern for cultural, historical and recreational qualities and architectural and urban design principles. 

4. The Agency�s payment of funds toward a portion of the Burbank Boulevard art piece will assist in the elimination of blight (vacant, unutilized parcel) by creating a cultural and/or historical element on a property that serves as the gateway to two project areas. 

The Public Art fund has a balance of $583,125.  If approved, $150,000 would be appropriated from the Public Art Fund.  In addition, $150,000 would be appropriated from the Redevelopment Agency Merged Project Area Unappropriated Fund Balance Account.

 

Recommendation:

 

Adoption of proposed Redevelopment Agency resolution entitled:

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK AMENDING FISCAL YEAR 2005-2006 BUDGET FOR THE PURPOSE OF APPROPRIATING FUNDS IN THE AMOUNT OF $150,000 FOR THE ART INSTALLATION AT THE INTERSECTION FORMERLY KNOWN AS �FIVE POINTS.�

 

Adoption of proposed Council resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $150,000 TO THE ART IN PUBLIC PLACES  PUBLIC ART FUND FOR THE ART INSTALLATION AT THE INTERSECTION FORMERLY KNOWN AS �FIVE POINTS.�

 

 

CONSENT CALENDAR: (Items 3 through 11)

 

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.      PLANNED DEVELOPMENT NO. 2000-2 UNITED CEREBRAL PALSY REVISED LANDSCAPE PLAN (600 SOUTH SAN FERNANDO BOULEVARD):

 

The purpose of this report is to present a request by United Cerebral Palsy (UCP) for Council approval of a change to their previously-approved landscape plan.  On June 6, 2000, the Council approved Planned Development No. 2000-2 which authorized the construction of an 18-unit independent living complex for very-low income disabled adults.  When approving this ordinance, the Council added a Condition of Approval that states that �the applicant must receive approval from the City Council of final landscaping plans before a building permit for construction will be issued.�  On October 2, 2001, the Council approved the landscape plan.  UCP encountered some shortfalls in project funding, and has requested a change to replace 13 Date Palms with King Palms.  UCP has stated that this replacement will save them over $13,000.  These trees do not grow as large as Date Palms, but are still of a large stature.

 

Recommendation:

 

Staff recommends that the Council approve the change to the landscape plan.

4.      AUTHORIZING THE ACCEPTANCE OF A UNITED STATES DEPARTMENT OF JUSTICE GRANT AND AMENDING THE FISCAL YEAR 2005-06 BUDGET BY APPROPRIATING FUNDS:

 

Staff is requesting Council approval of the proposed resolution that authorizes the City Manager to accept $19,558 in United States (U.S.) Department of Justice grant funds for the Police Department, and amends the Fiscal Year 2005-06 budget by appropriating funds.

 

The Office of Justice Programs, U.S. Department of Justice, was created in 1984 to provide Federal leadership in developing the nation�s capacity to prevent and control crime, administer justice and assist crime victims.  Staff received notice on January 30, 2006, that funds were available to states and local units of government.  This grant will aid in the following areas:  providing crime prevention/education funding for programs such as Street Beat cable programming, Neighborhood Watch and the Community and Youth Academies; and, updating various law enforcement equipment. The funding recommendations for this grant are consistent with Police Department goals.

 

This is a reimbursement grant with no match or recurring costs.  Accepting the grant will have no fiscal impact on the City.  The grant provides for one-time funding for law enforcement efforts specifically designated by the Council.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE ACCEPTANCE OF $19,558 U.S. DEPARTMENT OF JUSTICE GRANT AND AMENDING THE FISCAL YEAR 2005-2006 BUDGET BY APPROPRIATING  FUNDS.

 

 

5.      AMENDING THE FISCAL YEAR 2005-06 BUDGET FOR THE PURPOSE OF RECEIVING AND APPROPRIATING BULLETPROOF VEST GRANT PROGRAM FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE:

 

Staff is requesting Council approval of the proposed resolution authorizing the City Manager to accept a $3,003.64 grant from the United States Department of Justice, Bureau of Justice Assistance, for the Police Department Bulletproof Vest Program (BVP).

 

The City has participated in this program since 1999 and has received approximately $44,000 to help offset the cost of safety vests.  On September 20, 2005, staff prepared an application in response to a BVP Special Solicitation to assist local government with the immediate replacement of safety vests that contain Zylon fiber.  On January 20, 2006, the Burbank Police Department was notified that the application had been approved.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006 BUDGET FOR THE PURPOSE OF RECEIVING AND APPROPRIATING BULLETPROOF VEST GRANT PROGRAM FUNDS IN THE AMOUNT OF $3,003.64 FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE.

 

 

6.      AUTHORIZATION TO ACCEPT A CALIFORNIA DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT GRANT FOR THE HOLLYWOOD WAY CLASS II BIKEWAY AND GRADE SEPARATION MODIFICATION AND AMEND THE FISCAL YEAR 2005-06 BUDGET:

 

Staff is requesting the Council adopt the proposed resolution authorizing the acceptance of a California Department of Transportation (Caltrans) Bicycle Transportation Account Grant in the amount of $274,500, with a local match requirement of $30,500, for the construction of the Hollywood Way Class II Bikeway and Grade Separation Modification Project.

 

In February 2005, staff submitted Project No. 14 from the City of Burbank Bicycle Master Plan for grant funding under the Caltrans Bicycle Transportation Account (BTA) program.  This proposed project calls for implementation of Class II bicycle lanes along Hollywood Way between Pacific Avenue and San Fernando Boulevard including modification of the Hollywood Way railroad underpass at Empire Avenue to accommodate bicycle lanes.  The project would provide a more bicycle-friendly link between the Golden State area and the Magnolia Park and Media District neighborhoods to the south by bridging the railroad tracks that currently act as a barrier to bicycle travel.  The project would also provide better bicycle access to the expanding media office employment center north of Empire Avenue, the Bob Hope Airport, and the proposed Empire Area Transit Center (EATC) proposed for the Bob Hope Airport Metrolink/Amtrak station.  Finally, this project further enhances the overall bike route connectivity of the City by implementing a portion of the City�s Top-Priority route network.

 

Estimated costs for the proposed project are $305,000, of which, $274,500 would be funded by the BTA grant.  The remaining $30,500 of local match would be funded through a drawdown of the City�s 2005 Transportation Development Act (TDA) Article 3 funds.  These funds, distributed each year by the Metropolitan Transportation Authority (MTA) based on population, are intended for bicycle and pedestrian improvements.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2005-2006 BUDGET IN THE AMOUNT OF $274,500 FOR THE PURPOSE OF RECEIVING AND APPROPRIATING CALTRANS BICYCLE TRANSPORTATION ACCOUNT GRANT FUNDS AND AUTHORIZING THE EXECUTION OF A BICYCLE TRANSPORTATION ACCOUNT PROJECT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.

 

 

7.      AGREEMENT WITH THE METROPOLITAN WATER DISTRICT FOR FUNDING OF WATER CONSERVATION ITEMS FOR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL CUSTOMERS:

 

The Metropolitan Water District (MWD) provides funding for water conservation items to its member agencies.  MWD has also hired a company called Honeywell DMC to act as the liaison between business customers and member agencies.  This recognizes the fact that most member agencies have very small conservation staff and may be unable to provide water conservation rebates and services directly to their customers. Through information provided by both Honeywell DMC and the member agencies, business customers contact Honeywell DMC directly to receive program information and rebates.  MWD pays Honeywell DMC a processing fee for their services, as well as the customer rebate.

 

In the past, MWD signed annual funding agreements with its agencies.  This has proved to be a time-consuming exercise and MWD has elected to streamline the process with ten-year agreements entered into with its member agencies.  This agreement would be in effect until December 31, 2015.  As needed, MWD would issue addendums to identify any changes to incentive amounts or items included in the agreement. 

 

This agreement is certainly advantageous to Burbank Water Power.  In addition to providing funding for incentives to Burbank businesses that install water-saving equipment, the program is completely turn-key for the utility.  Staffing is essentially provided by MWD through its arrangement with Honeywell DMC. 

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A COMMERCIAL/INDUSTRIAL/INSTITUTIONAL WATER CONSERVATION ITEM FUNDING AGREEMENT BETWEEN THE CITY OF BURBANK AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MWD Agreement No. 66639).