Council Agenda - City of Burbank

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.

BURBANK TRANSPORTATION MANAGEMENT ORGANIZATION STUDY SESSION:

The purpose of the Burbank Transportation Management Organization (TMO) is to assist businesses in the Media District and Burbank Center Plan (Downtown) areas to reduce peak-hour commute trips as a method to reduce traffic congestion in Burbank. The Burbank TMO was formed following the passage of the Media District Specific Plan (MDSP) in 1991. The MDSP specified that one of the methods used to mitigate traffic caused by development in the Media District would be implementation of a Transportation Demand Management (TDM) program to reduce the number of vehicles using the City�s roadways during peak hours as an alternative to expansive roadway widening. To do this, a TDM ordinance, adopted in 1991, required that all businesses with more than 25 employees participate in a TMO and report the number of trip reductions annually to the City. The ordinance requires that businesses reduce their PM peak-hour commute trips by 1.9 percent each year, such that by the year 2011 the total reduction in peak-hour commute trips is 38 percent. This program was expanded to 25-employee businesses within the Downtown and adjacent areas with passage of the Burbank Center Plan in 1997. Beginning in 1998, companies in this specific plan area were required to reduce peak hour trips by 2.2 percent per year to achieve an overall 38 percent reduction by the year 2015. Since the program�s inception in 1991 and expansion in 1998, both areas have achieved the overall commuter trip reduction goal set forth in the TDM ordinance.

In 2006, the National Renewable Energy Laboratory (NREL) completed a study on the effectiveness of the Burbank TMO programs in reducing congestion and improving air quality. The report, presented to the Council on May 23, 2006, also included a number of recommendations to improve the effectiveness of the TMO. At a follow-up presentation given at the July 18, 2006 meeting, the Council requested staff provide further opportunity to discuss the NREL study and other methods to increase effectiveness of trip reduction programs.

6:30 P.M.

INVOCATION: Pastoral Intern Dave Cameron, First Presbyterian Church.

The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution.

FLAG SALUTE:

ROLL CALL:

RECOGNITION: 2006 STARLIGHT BOWL SPONSORS.

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 HEARINGS:

1. CONTINUATION OF THE PUBLIC HEARING FOR PROJECT NO. 2006-35 ZONE MAP AMENDMENT - 2128 NORTH GLENOAKS BOULEVARD (Applicant - Farhad Simab):

Staff is requesting the public hearing for the Zone Map Amendment request to change the existing R-1 and R-4 zoning to C-2 at 2128 North Glenoaks Boulevard scheduled for September 19, 2006 be continued to September 26, 2006. The one-week continuance is necessary to ensure that the California Environmental Quality Act (CEQA) posting requirements are met.

Recommendation:

Staff recommends the public hearing be continued to September 26, 2006.

2. REINSTATEMENT OF THE ADMINISTRATIVE USE PERMIT REQUIREMENT FOR DOWNTOWN RESTAURANTS:

In 1992, the Council adopted an ordinance creating the Central Business District Downtown Parking Area and unified parking ratio, so as to promote economic activity and provide increased economic feasibility for tenants to locate in the Downtown District. Concern about whether the emerging mix of land uses was consistent with the economic goals and shared parking management strategy resulted in the 2004 adoption of an ordinance requiring new restaurants to obtain an Administrative Use Permit (AUP) prior to opening. That ordinance was in effect for a two-year period and expired on July 31, 2006.

Staff is recommending that the Council reinstate the expired ordinance to continue requiring an AUP for new restaurants in the Downtown District. The proposed ordinance is substantively the same as that originally adopted in 2004. Parking studies have affirmed that an adequate parking supply exists in the District, provided that the existing land use mix stays constant. Codifying the AUP requirement ensures that, through proper land use controls, the economic vitality and diversity of the Downtown is preserved and the shared parking strategy remains effective by avoiding an overabundance of restaurants or a particular type of restaurant.

The Planning Board considered the proposed Zone Text Amendment at a public hearing on September 11, 2006. There were no public speakers in support of or opposition to the proposed Zone Text Amendment. All Planning Board members expressed their support for the action as proposed by staff and voted 5-0 to recommend that the Council adopt the Zone Text Amendment.

Recommendation:

Introduction of ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION 31-1407.1 OF THE BURBANK MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE USE PERMIT REQUIREMENTS FOR DOWNTOWN RESTAURANTS.

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 OPEN PUBLIC COMMENT AND AGENDA ITEM PERIOD OF ORAL COMMUNICATIONS:

AGENDA ITEM ORAL COMMUNICATIONS: (Four minutes on Action Agenda items only.)

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.

Staff requests the Council authorize an appropriation of $5,300 from the General Fund for the installation of speed humps on California Street between Burbank Boulevard and Wyoming Avenue, and on Lincoln Street between Magnolia Boulevard and Chandler Boulevard.

Burbank currently has about 85 street segments with speed humps, and these devices have been installed over a period of about ten years. Beginning in Fiscal Year 1998-99, the Public Works Department budgeted $25,000 annually for the installation of speed humps. By Fiscal Year 2002-03, the annual number of requests for speed humps had dwindled to a level that staff determined an annual budget item was no longer required, as the few speed humps that were approved could be funded individually without specifically allocating funds for the program at the beginning of the fiscal year. Staff began a process of requesting the allocation of funds for speed humps after several streets were approved for the devices or every six months. This process allowed timely installation of the speed humps with minimal Council action.

Currently, two streets are eligible for speed humps. A completed speed hump request was received in mid-June 2006 from residents on Lincoln Street between Magnolia Boulevard and Chandler Boulevard. The street operating characteristics of 448 daily vehicles and a critical speed of 35 miles per hour (MPH) fulfilled the adopted criteria. Also, a completed request received in July 2006 from residents of California Street between Burbank Boulevard and Wyoming Avenue, with 400 daily vehicles and a critical speed of 31 MPH fulfilled the criteria. Petitions on two other streets were initially filed, but were not pursued.

A total of $5,300 is needed to install three speed humps on each street under an existing contract with Tyner Paving, Inc. The funding will allow for the installation of the speed humps, appropriate signs and required pavement markings.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2006-2007 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,300.00 FOR THE FUNDING OF SPEED HUMPS ON CALIFORNIA STREET AND LINCOLN STREET.

The purpose of this report is to obtain approval of contract documents and award of a construction contract for Bid Schedule No. 1215 � McCambridge Park Sports Field Lighting System Project.

The project will provide proper light levels, aiming angles, uniformity of light readings in both the infields and outfields, as well as comply with the proper guidelines for sports and recreational area lighting standards, as recommended by the Illuminating Engineering Society of North America (IESNA). Additionally, these improvements will create a centralized lighting controlled system that will enable staff to monitor and regulate the system from a remote location.

Bid Schedule No. 1215 was advertised in the Burbank Leader on July 12, 2006 and July 15, 2006. Seven copies of the bid were taken out, and four bids were received at the bid opening on August 8, 2006. The bids ranged from $141,700 to $173,000. The successful low bid is the contracting firm of T & D Electric. The lowest bid is below the original estimate by $5,020 or three percent. There is sufficient funding for this project.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR THE McCAMBRIDGE PARK SPORTS FIELD LIGHTING SYSTEM PROJECT, BID SCHEDULE NO. 1215, TO T & D ELECTRIC.

Staff is requesting the Council authorize the General Manager of Burbank Water and Power (BWP) to solicit design-build proposals for the Replacement Service Center/Warehouse Project (Project).

The Project will replace substandard structures within the BWP Yard, increase work efficiency and improve traffic circulation within the BWP Yard. The existing BWP Warehouse has uneven and unsound flooring. Its useable space is too small and it cannot be modified to meet seismic code. The Water Division service activities are within an old brick building that also requires seismic improvements; but bringing it up to Code is impractical. The Line Section work spaces are within a space that has shed-under-shed construction, a fire hazard. The relocated, larger and modern Service Center with an adjacent modern Warehouse will have two levels and total 34,045 square feet.

Staff plans to complete the Project by February 2008. By July 2008, BWP will have demolished the existing Warehouse, Line Section buildings and Water Services Building. BWP will have also built a new Security office, BWP Yard entrance, perimeter walls, additional off-street parking and additional BWP Yard parking for its fleet.

A design-build contract, awarded after competitive bidding, affords BWP a high likelihood of completing the Project within schedule and budget, and in a manner that meshes with other, related capital improvement projects. Under the design-build approach, BWP would engage a single firm to be responsible for design, procurement and construction. Early collaboration between design and construction teams would occur and minimize the chance of costly errors. And even if such errors do occur, the design-builder has the obligation to correct them at their own expense. In recent years, BWP has successfully used the design-build method to successfully construct several major projects.

BWP�s Request for Proposal (RFP) will enable staff to select a Design-Build Team on a �best value� basis, which will require that use of the design-build method be consistent with principles of competitive bidding. Before issuing the RFP, BWP will request a Statement of Qualifications to identify interested teams and develop a short-list of bidders. Staff would bring back for Council approval the selected design-build team.

The Project is a key element of the Yard Master Plan and is a part of BWP�s approved capital improvement budget. Staff estimates the design-build portion of the Project to be $11.85 million over the next two years. Of this amount, $5.91 million is for the Replacement Service Center/Warehouse Building; $2.57 million for parking and related facilities; $0.31 million for security-related facilities; $0.32 million for demolition; $1.37 million for insurance, bonding, general conditions and requirements; and, $1.37 million for design and construction contingencies.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE GENERAL MANAGER OF BURBANK WATER AND POWER TO SOLICIT DESIGN-BUILD PROPOSALS FOR THE REPLACEMENT SERVICE CENTER/WAREHOUSE PROJECT.

The purpose of this report is to make recommendations to the Council for the approval and appointment of Youth Board candidates. The Youth Board is structured to be composed of seventeen members. A representative is designated for each high school and middle school within Burbank. The school representatives include both the public and parochial schools in the City. The remaining six positions are designated as At-large members. All appointments are for two-year terms, with the school representatives and the At-large positions alternating expiration dates.

At this time, the six at-large positions are due for appointment. In addition, due to the resignations or graduation of members, there are eight school representative vacancies, which require mid-term appointment.

In past years, when the number of At-large applications has exceeded the number of vacancies, the Council has appointed additional At-large members.

Based on the submitted applications and recommendations from the respective schools, it is staff�s recommendation that the Council:

2. Appoint six At-large members for a two-year term from the following eleven At-large applicants:

The purpose of this report is to request Council approval to enter into a new five-year agreement with S.S. Golf Inc. for golf professional management and operation services at the DeBell Municipal Golf Course.

On June 1, 2001, the City entered into a golf professional management and operation services agreement with S.S. Golf, Inc. The agreement allows both parties to extend the term of this agreement upon the mutual consent of both parties. The existing five-year contract expired on May 31, 2006. S. S. Golf, under the leadership of Mr. Scott Scozzola, has been continuing daily operations at the DeBell Municipal Golf Course on a month-to-month basis while staff negotiated the new management and operation services contract.

The Greens Committee (comprised of one representative from each of the four established golf clubs, a liaison from the Park, Recreation and Community Services Board (Board), Deputy Director/Park Services, the Greens Superintendent and the Food and Beverage Concessionaire) and the Board unanimously supported Mr. Scozzola continuing as the golf professional, responsible for the operational services at the DeBell Municipal Golf Course.

The monthly compensation to the golf professional is comprised of the following six items; Management Fee, cart rentals, greens fees, Pro Shop sales, lessons and driving range. The compensation is based on a percentage of each of these items, with the exception of the Management Fee, which is a fixed monthly amount. Changes in the monthly compensation formulas were negotiated with Mr. Scozzola for the basic services listed above.

The existing monthly Management Fee of $7,900 partially offsets the golf professional�s expenses including his staffing cost to provide starter services, marshalling services, and operating overhead essential to meeting the terms and conditions of his current contract. The proposed Management Fee is $12,000 and reflects a higher level of customer service. The Management Fee increase is also intended to assist in baselining the revenue stream to meet S.S. Golf Inc.�s monthly expenditures and is not tied directly to the number of rounds played.

The distribution of cart rental fees will remain at 10 percent which offsets the golf professional�s role in collecting the monies for the use of the golf carts and providing the day-to-day non-mechanical maintenance of said golf mobiles.

The golf professional currently receives five percent of all green fees collected and this fee will remain at the same percentage. The golf professional is also required to manage the Par 3 golf facility. Typically, the Par 3 Golf Course has become more of a community service facility for the young and old over the years, as opposed to a revenue generating facility. It is the City�s desire to keep the fee low to provide all that are interested a chance to play. The cost of managing this facility, with the desired low green fees, exceeds the revenue received from this agreement.

The percentage from the Pro Shop will initially be maintained at 95 percent. This revenue is a form of rent and is generated from the rental, repair and sale of golf equipment, clothing and supplies. During the demolition and construction phases of the DeBell Clubhouse project, the golf professional�s financial obligation to the City of five percent will be waived in this category.

Currently, the golf professional pays five percent to the City from golf instructional lessons. With the implementation of the new contract, this obligation will be eliminated to encourage more lessons by qualified golf professionals and to improve the quality of services and encourage more participation.

Under the current agreement, the golf professional retained 65 percent of the revenue. The Driving Range rent currently paid to the City is 25 percent of monthly gross receipts. In addition, ten percent of gross revenues from the Driving Range are paid to the City and used as a Capital Improvement Contribution. These percentages will be maintained under the new contract until the demolition/construction phases of the DeBell Clubhouse project commences. At that time, the ten percent Capital Improvement Fund will be eliminated for the duration of the entire contract and the 25 percent of monthly gross receipts will remain the same. Thus the golf professional will receive 75 percent of the revenue. The previous 2000/01 agreement gave 100 percent of the Driving Range revenues to the golf professionals.

Based on the actual revenue for Fiscal Year 2005-06, the new agreement is $51,450 or 8.8 percent above the current agreement, however this does not take into consideration that value of additional services that Mr. Scozzola will be required to provide. If one were to include that amount valued at $32,000, the new agreement would only be $19,450 or 3.3 percent above the current agreement. Similarly, using the actual revenue received in 2005-06, the new agreement is $93,242 or 14.7 percent lower than the previous golf professional�s agreement.

The compensation to the golf professional is incorporated into the annual budget process with all funding provided by the Golf Enterprise Fund. The operational cost, like all others related to the golf course, is offset by the revenues generated by the facility.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE AGREEMENT BETWEEN THE CITY OF BURBANK AND S.S. GOLF, INC. FOR THE MANAGEMENT AND OPERATION OF DEBELL GOLF COURSE.

At the August 22, 2006 meeting, Council Member Vander Borght requested that staff place an item on the agenda to discuss the potential of developing another public art installation on the Chandler Bikeway. Prior to extending significant staff effort, this item has been placed on the agenda as the first step, in the two-step agenda process, for additional Council discussion and consideration.

The Art in Public Places Ordinance requires that a development project with a construction budget over $500,000 contribute one percent towards an art installation. A development project is any development which requires a building permit. Private developers who do not desire to install on-site art must contribute their one percent obligation to the Art in Public Places fund. Currently, there is approximately $489,095 in the fund.

On October 26, 2004, the Council appropriated $50,000 from the Art in Public Places fund for the development of an art project on the Chandler Bikeway. On December 2, 2005, the Wagon Pull, a bronze sculpture by W. Stanley Proctor was installed on the corner of Chandler Boulevard and Keystone Street.

Funding for this proposed project can be secured by appropriating a specific amount from the General Fund or by utilizing a portion of the Public Art Fund. The current Public Art Fund policies govern the manner in which projects are brought forward by entities other than Council. However, they do not specify a procedure which Council must follow.

Staff recommends the Council initiate discussion on the possibility of developing an art installation for the Chandler Bikeway.

FINAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS: (Two minutes on any matter concerning the business of the City.)

This is the time for the Final Open Public Comment Period of Oral Communications. Each speaker will be allowed a maximum of TWO minutes and may speak on any matter concerning the business of the City. However, any speaker that spoke during the Initial Open Public Comment Period of Oral Communications may not speak during the Final Open Public Comment Period of Oral Communications.

For this segment, a GREEN card must be completed, indicating the matter to be discussed, and presented to the City Clerk.

COUNCIL AND STAFF RESPONSE TO THE FINAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, SEPTEMBER 19, 2006
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, SEPTEMBER 19, 2006 5:30 P.M. CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

TUESDAY, SEPTEMBER 19, 2006
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE