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 Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case:  City of Burbank v. Kajima Construction, et al.

Case No.:  04CC12506

Brief description and nature of case:  Complaint is for water intrusion and mold damage to Police/Fire Building resulting from design defects and construction defects.

 

b.      Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case:  Pacific Gas & Electric Company, et al. v. Arizona Electric Power Cooperative, Inc., et al.

Case No.:  2-06-CV-00559 � MCE � Federal District Court

Brief description and nature of case:  Breach of Contract Regarding Sales of         Electrical Energy.

 

c.      Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case:  City of Burbank v. Sempra Energy Trading Corporation.

Case No.:  CV 05-5448 GPS - Federal District Court.

Brief description and nature of case:  Breach of Contract Regarding Sales of Electrical Energy.

 

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

Pursuant to Govt. Code �54956.9(c)

Number of potential case(s):

 

e.      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:                    AT&T COMPUTER LAB GRANT.

 

RECOGNITION:                   HAROLD MAXHAM � 40 YEARS OF SERVICE TO THE

                                               BURBANK POST OFFICE.

 

RECOGNITION:                   TEENS IN ACTION POLICE YOUTH RELATIONS TEAM BALL-

                                               B-Q SPONSORS.

 

ADJOURNMENT:                DUSTY WORTHEN.

 

 

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).

 

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 1 through 4)

 

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.

 

1.      MINUTES:

 

Approval of minutes for the regular meetings of November 22 and November 29, 2005, the adjourned meeting of November 29, 2005, and the regular meetings of December 6, December 13, December 20 and December 27, 2005.

 

Recommendation:

 

Approve as submitted.

 

 

2.      ACCEPTING A GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE 2006 CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN AND AMENDING THE FISCAL YEAR 2005-06 BUDGET BY APPROPRIATING FUNDS:

 

Staff is requesting Council approval of a proposed resolution that authorizes the City Manager to accept a grant from the California Office of Traffic Safety (OTS) for the 2006 California Seat Belt Compliance Campaign and amends the Fiscal Year 2005-06 budget by appropriating the funds.

 

The goal of the California Seat Belt Compliance Campaign is to increase seat belt use statewide to 93 percent by July 2006.  Through the combined efforts of State and local enforcement, a seat belt enforcement campaign will be conducted for a 21-day period in May and June 2006 in support of the Click It or Ticket national mobilization. Burbank Officers participated in this enforcement campaign in 2005 and wrote a total of 1,784 seat belt citations over the three-week period.

 

The funds provided from this OTS grant will provide reimbursement for enforcement hours on an overtime basis for first line supervisors, officers and administrative time to meet grant reporting requirements.  The City has been approved for $40,590 in grant funding.  

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE 2006 CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN AND AMENDING THE FISCAL YEAR 2005-06 BUDGET BY APPROPRIATING FUNDS.

 

 

3.      AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH AT&T FOR THE IMPLEMENTATION OF A COMPUTER LAB AT THE JOSLYN ADULT CENTER AND AMENDING THE FISCAL YEAR 2005-06 BUDGET:

 

Staff requests Council approval of a resolution authorizing the Park, Recreation and Community Services Director to execute a grant agreement with AT&T to accept grant funds in the amount of $8,000, and amending the Fiscal Year (FY) 2005-06 Budget to appropriate the grant funds.

 

In 2004, the Council approved funding for the construction of a computer lab within the Joslyn Adult Center.  The purpose of the computer lab is to provide computers/internet access, as well as computer classes to the senior community in a comfortable and familiar environment.  The computer lab will allow participants to communicate, access information, conduct research and become familiar with the technology.  In addition, as the boomer generation ages, �younger seniors� will be provided a facility where they can utilize and further develop their skills.

 

In June 2005, staff applied for the AT&T (formerly SBC) Excelarator Program to assist in offsetting the cost of six computers, one printer and applicable software.  The AT&T Excelarator Program is the AT&T�s Foundation signature initiative, which funds projects that use technology to build stronger communities.  Qualifying projects are required to emphasize education, community development, health and human services, arts and culture.  

 

In December 2005, staff was notified that the City was awarded $8,000 to be used toward the procurement of the technology needed for the implementation of a computer lab at the Joslyn Adult Center.  This grant will fund the purchase of three computers, with all applicable software, and one printer.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE PARK, RECREATION AND COMMUNITY SERVICES DIRECTOR TO EXECUTE A GRANT AGREEMENT WITH AT&T, TO ACCEPT GRANT FUNDS AND TO AMEND THE FISCAL YEAR 2005-2006 BUDGET.

 

 

4.      APPROVAL OF THE MAYOR�S YOUTH TASK FORCE RECOMMENDED PROGRAMS:

 

Staff, supported by a recommendation from the Mayor�s Youth Task Force, requests  Council authorization for funding from the Youth Services Holding Account.  If approved, We Care For Youth will receive up to $5,000 to continue their services to the Teens In Action Police Youth Relations Team through June 2006, and $10,000 will be set aside to secure grant writing services.

 

During the Fiscal Year 2002-03 budget process, the Council directed staff to set aside funding in a Non-Departmental Holding Account (Youth Services) to be utilized for teen services and programming.  Since then, additional funds have been approved to replenish the account.  There is currently $265,550 in this account.

 

Programs which have received funding from the Youth Services Holding Account have included the:  Teens In Action Media Communications Team; Teens In Action Police Youth Relations Team; PeaceBuilders; Bliss Unlimited; the Middle School Grant Program; the Middle School Counseling Program; and, the High School Counseling Program.

 

It is the Mayor�s Youth Task Force recommendation to continue the Teens In Action Police Youth Relations Team with its primary goal of improving the relationship between police and youth in Burbank, resulting in a safer community.  At its June 24, 2003 meeting, the Council appropriated a total of $55,000 to provide for facilitators and materials for the Team through September 16, 2004.  The facilitators for this Team are We Care For Youth, whose staff meets regularly with the Team members.  Due to the successful sponsorship efforts, the funding appropriation allowed for extensions of the agreement through September 16, 2005.  An additional $15,000 appropriated in July 2005 provided for the Team to operate from October 28, 2005 through March 31, 2006.  To function through June 30, 2006, approval of up to $5,000 is recommended by the Mayor�s Youth Task Force.

 

A new youth survey will be conducted this spring.  Approximately 11,000 students from the middle schools and high schools in Burbank will participate.  The results will be reviewed by the Mayor�s Youth Task Force which may lead to further recommendations of enhancements to existing programs or new programs to meet the needs expressed by the youth.  The Mayor�s Youth Task Force is exploring grant funding opportunities that could be utilized to provide new funding sources or to assist in sustaining and expanding existing Task Force recommended programs.  This may include but is not limited to research, application and employing grant writing services. At its February 2006 meeting, the Mayor�s Youth Task Force recommended that $10,000 be set aside for grant resources.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE MAYOR�S YOUTH TASK FORCE RECOMMENDED PROGRAMS AND AUTHORIZING FUNDING FROM THE YOUTH SERVICES HOLDING ACCOUNT.

 

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

 

 

REPORTS TO COUNCIL:

 

5.      DRAFT ADDITIONAL COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT REGARDING THE GLENDALE-BURBANK INTERCEPTOR SEWER:

 

The purpose of this report is to present the Council with draft comments on additional alignment possibilities for the sewer system improvements proposed by the City of Los Angeles.

 

On March 14, 2006, staff presented a draft comment letter on the Glendale-Burbank Interceptor Sewer (GBIS) - Hybrid Alignment project concerns.  With the addition of some language requested by Council Members, this letter was sent to Los Angeles.   

 

The Council is now requesting that staff draft an additional comment letter regarding additional alignment possibilities.  This draft letter is being presented to the Council for additional direction.

 

Recommendation:

 

Direct staff to send the draft letter on additional alignment possibilities to the City of Los Angeles.

 

 

6.      DEVELOPMENT OF A BANNER PROGRAM HONORING INDIVIDUALS SERVING IN THE ARMED FORCES:

 

At the March 14, 2006 Council meeting, staff was directed to develop a banner program honoring individuals serving in the armed forces.  The purpose of this report is to propose a program to honor and recognize members of the community who are currently serving our nation in the military service.  This includes those Guard and Reserve personnel activated following September 11, 2001.

 

The program elements would be as follows:

1. Individuals would submit the name of service personnel on a registration form developed by staff.  Service personnel must be a current Burbank resident, or were a Burbank resident at the time of military enlistment;

2. Once processed, a formal Council recognition would be scheduled prior to a Council meeting and subsequently, a banner including the individual�s name and his or her branch of military service would be hung.  The banner would remain up as long as the individual remains on active duty.  Once the individual is discharged the banner would be presented to him or her;

3. This program will be a collaborative effort between the City, community organizations and individuals willing to provide sponsorships.  City staff will assume the lead role and representatives who have expressed interest will assist. The cost of the banner is estimated to be $300.  Staff recommends that the City fund half of the cost, and the sponsor fund the remaining $150.  The sponsor will receive a certificate of appreciation for their support.  This offers the entire community an opportunity to participate in the program; and, 

4. Staff proposes that a portion of Third Street, from Olive Avenue to Amherst Drive be selected as the banner placement site.  This area can accommodate up to 126 personalized banners.  In addition, banners recognizing all Burbank veterans will be placed around the perimeter of McCambridge Park.    

The number of Burbank residents that would be eligible for this recognition is not known.  Staff will develop promotional materials utilizing such resources as Channel 6, the City�s web page, the Veteran�s Commemorative Committee, press releases and brochures.  Once the recognition program is initiated, it is anticipated that word of mouth will provide additional names.

 

Recommendation:

 

Staff recommends that the Council adopt a Military Service Banner Recognition Program, and authorize the use of $30,000 from the Military Pool Holding Account.

 

 

7.      DOWNTOWN BURBANK PARTNERSHIP LANDSCAPE PROGRAM:

 

As part of the Redevelopment Agency�s (Agency) efforts to improve the Downtown, the Agency initiated the formation of a Property�Based, Business Improvement District (P-BID), which is now formally called the Downtown Burbank Partnership, Inc., to fund a variety of improvements in partnership with Downtown Burbank property owners. In addition to marketing, events and maintenance, specific capital improvements that are proposed for Downtown include smart parking, wayfinding signage, street/paseo upgrades (landscape program) and holiday decorations.

 

For the last two years, staff has presented the Annual Report for the Downtown Burbank Partnership, Inc. highlighting the accomplishments and improvements that have occurred in the last year of the P-BID Management Plan. Under Capital Projects in the Management Plan, street/paseo upgrades is listed as a goal.  To accomplish this, the P-BID Board and staff have worked with Bennitt and Mitchell to develop a revised streetscape/landscape plan.  The plan will upgrade the north and south areas of Downtown known as the Mall and Village Districts. After several design discussions and changes, the P-BID Board approved the plan at the October 17, 2005 Board meeting and approved $417,000 for project funding.

 

Since this work will be paid for by the P-BID, but performed on City property, it is proposed that the P-BID Board oversee the bidding process for the contractors and awarding the bids. However, since the streetscape program will be on City right-of-way, prevailing wages will be required to be paid to contractors for this project. The estimated completion date of this project is fall 2006.

 

The Downtown Burbank Partnership, Inc. has taken several important steps in improving and revitalizing Downtown Burbank not only with new award-winning events, but also capital improvements such as wayfinding and the proposed Smart Parking signage. The proposed Landscape Program will update and improve the aesthetic look of Downtown.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN ENTRY AGREEMENT WITH THE DOWNTOWN BURBANK PARTNERSHIP, INC. FOR THE DOWNTOWN BURBANK LANDSCAPE PROGRAM.

 

 

8.      AMENDING CHAPTER 2 OF THE BURBANK MUNICIPAL CODE RELATING TO THE COMPOSITION OF THE TRANSPORTATION COMMISSION:

 

Staff is requesting that the Council consider an amendment to Chapter 2, Section 419 of the Burbank Municipal Code (BMC) to increase the number of Members of the Transportation Commission from seven to eight.

 

On March 14, 2006, the Council requested to consider an item pertaining to increasing the number of the members of the Transportation Commission from seven to eight.  This matter arose due to a member of the Commission, Paul McKenna, Jr., who was called up to active military duty and has now returned to the City.  If the Council desires to appoint Mr. McKenna to that new seat, it could make the appointment effective upon the effective date of the Ordinance.

 

Recommendation:

 

1.      Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 2 OF THE BURBANK MUNICIPAL CODE RELATING TO THE COMPOSITION OF THE TRANSPORTATION COMMISSION.

 

2.      Staff recommends that the Council appoint Mr. McKenna to the new seat by motion effective when the Ordinance is effective.

 

 

9.      REPLACEMENT FOR THE METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS NOMINATION MEETING:

 

On March 7, 2006, the Council voted to support City of Glendale 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 Board of Directors.  On April 6, 2006 the Los Angeles County City Selection Committee will be holding a meeting to receive nominations.  Mayor Vander Borght will not be able to attend the nomination meeting and vote for Glendale Council Member Ara Najarian.