COUNCIL AGENDA - CITY OF BURBANK
TUESDAY, OCTOBER 3, 2006
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE
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:
Conference with Labor Negotiator:
Pursuant to Govt. Code �54957.6
Name of the Agency Negotiator: Management Services Director/Judie Sarquiz.
Name of Organization Representing Employee: Burbank Firefighters Chief Officers Unit.
Summary of Labor Issues to be Negotiated: Contracts and Retirement Issues.
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: TEEN READ WEEK.
RECOGNITION: SENIOR ARTISTS COLONY.
PROCLAMATION: PUBLIC POWER WEEK.
PROCLAMATION: HISPANIC HERITAGE MONTH.
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 October 2, 2006. Other Airport-related issues may also be discussed during this presentation.
Recommendation:
Receive report.
6:30 P.M. PUBLIC HEARING:
2. Appeal of Project No. 2006-82 Variance � 1445 North Fairview Street:
The purpose of this report is for the Council to consider an appeal of the Planning Board�s decision to conditionally approve a Variance for an extension of a substandard width driveway. An application was submitted to expand an existing dwelling to create a larger kitchen and new laundry room. By doing so, the existing legal non-conforming driveway will be extended which requires a Variance. The Zoning Code requires driveways to be 10 feet wide and the applicant submitted plans that showed the existing driveway to be 8 feet 9 inches wide. The Planning Board approved a continuation of the existing driveway with a condition that the driveway be at least 8 feet wide. They also required that a survey be performed to ensure this minimum driveway width. The applicant had a survey prepared on the site subsequent to the Planning Board�s decision and discovered that the existing driveway is only 7 feet 9 inches wide as measured from the home to the property line. The applicant has therefore appealed the Planning Board�s decision and is requesting continuation of the existing 7 foot-9 inch wide driveway. The applicants do not want to adjust the expansion by 3 inches, as required by the Condition of Approval, in order to maintain an 8 foot-wide driveway.
Staff recommends upholding the appeal and approving the Variance project with revised Conditions of Approval.
Recommendation:
Adoption of proposed resolution entitled:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MODIFYING THE DECISION OF THE PLANNING BOARD AND UPHOLDING THE APPEAL OF PROJECT NO. 2006-082, A VARIANCE (1445 NORTH FAIRVIEW STREET � RAZMIK AND LEIGH BOGHOUSSIAN, APPLICANTS).
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 OPEN PUBLIC COMMENT AND AGENDA ITEM 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 3 through 9)
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.
Approval of minutes for the regular meetings of July 25, August 1, August 8 and August 15, 2006.
Recommendation:
Approve as submitted.
4. AUTHORIZATION TO ACCEPT GRANT FUNDING FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR SEISMIC RETROFIT OF FIVE CITY BUILDINGS:
Staff is requesting Council approval of a resolution authorizing the City Manager to accept grant funds from the California Office of Emergency Services (OES) as a sub-grantee of the Federal Emergency Management Association (FEMA) Grant No. 20050011, OES No. 037-08954, Project No. PJ46, in the amount of $1,439,791 and to designate the City Manager or her designee, the Public Works Director, and the Assistant Public Works Director as authorized agents to execute documents relating to processing this grant.
In April 1999, the Council adopted Ordinance No. 3512 entitled �An Ordinance of the Council of the City of Burbank Amending Chapter 7 of the Burbank Municipal Code Requiring Seismic Retrofit of Existing Reinforced Concrete Wall and/or Reinforced Masonry Wall Buildings with Flexible Diaphragms.� The ordinance requires owners of buildings constructed prior to 1980 that have reinforced concrete or reinforced masonry walls to evaluate the structure of their buildings and strengthen them if required. In addition, the City adopted voluntary guidelines that, if implemented, could further improve a building�s seismic performance. After inspection of the 48 City-owned buildings that were constructed prior to 1980, it was determined that 20 buildings require seismic retrofit in order to comply with the mandatory ordinance.
In February 2005, staff submitted three separate grant applications for funding from OES to offset the costs associated with both mandatory and voluntary ordinance compliance work at nine City-owned facilities. Staff received notification from OES in May 2005 that FEMA approved only one of the applications, which is for work at the Refuse Locker Room, Water Reclamation Administration building, Public Works Field Services Administration building, Police Pistol Range and Starlight Amphitheater in the amount of $1,439,791.
The OES grant administration procedures require that the City designate an agent or preferably multiple agents to authorize documents for processing reports, reimbursement requests, and all other matters pertaining to the grant. Therefore, staff requests that the Council designate the City Manager or her designee, the Public Works Director, and the Assistant Public Works Director as authorized agents to act on behalf of the City for all matters pertaining to this grant.
Recommendation:
Adoption of proposed resolution entitled:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES AND DESIGNATION OF AGENTS TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY.
The purpose of this report is to request Council adoption of a resolution requesting the Board of Supervisors of the County of Los Angeles (Board) to permit the Registrar-Recorder/County Clerk (County Clerk) to render election services to the City of Burbank relative to the Primary Nominating and General Municipal Elections to be held on February 27, 2007 and April 10, 2007.
In compliance with the State Elections Code, the Board must be requested to permit the County Clerk to render specified services to the City relating to the conduct of the 2007 Municipal Elections. These services include providing computer tapes of registered voters for the preparation and mailing of sample ballots, signature verification services via the County�s secured Voters Information Management System (VIMS), election supplies, registered voter updates, as well as performing various other services required by law on behalf of the City or such additional services as may be requested by the City Clerk. The County Clerk is the only source for this official information and the City is required by law to reimburse the County of Los Angeles in full for the services provided. Staff estimates that the cost for County services for the 2007 Municipal Elections will be $3,500.
Recommendation:
Adoption of proposed resolution entitled:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS TO RENDER ELECTION SERVICES TO THE CITY OF BURBANK RELATING TO THE PRIMARY NOMINATING AND GENERAL MUNICIPAL ELECTIONS TO BE HELD ON FEBRUARY 27, 2007 AND APRIL 10, 2007.
6. APPROVAL OF THE CONSOLIDATED PRECINCTS FOR THE 2007 MUNICIPAL ELECTIONS:
The purpose of this report is to request Council approval of the proposed consolidation of the Los Angeles County (County) precincts for the City of Burbank's Primary Nominating Election to be held on February 27, 2007 and the General Municipal Election which will be held on April 10, 2007. The Burbank Municipal Code permits the Council to consolidate any or all of the voting precincts established by the County Board of Supervisors. The consolidated precincts must be established no later than 90 days before any election.
The County Board of Supervisors has established 69 precincts in the City of Burbank for the State�s November 7, 2006 General Election. These precincts have been consolidated to 42 for Burbank's 2007 Municipal Elections. As in previous elections, these precincts will only be utilized for the purpose of counting ballots/reporting results and for canvassing election results.
Recommendation:
Adoption of proposed resolution entitled:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CONSOLIDATING PRECINCTS ESTABLISHED BY THE COUNTY OF LOS ANGELES BOARD OF SUPERVISORS INTO 42 MUNICIPAL PRECINCTS FOR THE 2007 PRIMARY NOMINATING AND GENERAL MUNICIPAL ELECTIONS.
7. APPLICATION FOR FISCAL YEAR 2004-05 AND 2005-06 TRANSPORTATION DEVELOPMENT ACT BICYCLE AND PEDESTRIAN FACILITY FUNDS (SENATE BILL 821):
Staff requests Council authorization to apply for State funding under Article 3 of the Transportation Development Act (TDA), Senate Bill 821 for the project amount of $53,166 from the Fiscal Year 2004-05 funds. Staff proposes to use the funds to support the local matches for the Hollywood Bikeway and Safe Routes to School Cycle 6 projects.
The TDA funds are administered by the Los Angeles County Metropolitan Transportation Authority. Article 3 funds are not automatically distributed to the local jurisdictions. To receive funds each fiscal year, a jurisdiction must file a TDA Article 3 Bicycle and Pedestrian Funds Claim Form which identifies the project to be funded. There are no matching funds or future funding commitments by the City associated with filing for these funds.
Staff recommends that the Council adopt the proposed resolution authorizing the Community Development Director to submit a claim form to draw down the Fiscal Year 2004-2005 TDA funds and to appropriate $53,166 from the General Fund to the above TDA fund account.
Recommendation:
Adoption of proposed resolution entitled:
(4/5 vote required)
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT (TDA) BICYCLE AND PEDESTRIAN FACILITY FUNDS (SB821) AND AMENDING THE FISCAL YEAR 2006-2007 BUDGET IN THE AMOUNT OF $53,166.
8. AUTHORIZATION TO ACCEPT A CALIFORNIA DEPARTMENT OF TRANSPORTATION ACCOUNT GRANT FOR THE VICTORY BOULEVARD CLASS II AND CLASS III BIKEWAY AND TO AMEND THE FISCAL YEAR 2006-07 BUDGET:
Staff is requesting the Council accept a Caltrans Bicycle Transportation Account (BTA) Grant in the amount of $480,900 with a local match requirement of $48,090 to design and construct a Class II Bikeway on Victory Boulevard from Clybourn Avenue to Burbank Boulevard and potentially continue the bike lanes on Burbank Boulevard over the Burbank Bridge to Third Street. For the portion over the bridge, Caltrans approval would be required, however, Class III bike route signs only could be implemented as an alternative to Class II bike lanes. The project would also construct a Class III Bikeway on Reese Place from Victory Boulevard to Burbank Boulevard and on Doan Drive from Burbank Boulevard to Chandler Boulevard, and on Front Street from Burbank Boulevard to the MetroLink Station. The project includes directional and route signage, traffic signal upgrades, and loop detectors at Victory Boulevard and Reese Place, and Burbank Boulevard and Doan Drive.
Recommendation:
Adoption of proposed resolution entitled:
(4/5 vote required)
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING A CALTRANS BICYCLE TRANSPORTATION GRANT FOR THE VICTORY BOULEVARD CLASS II AND CLASS II BIKEWAY AND AMENDING THE FISCAL YEAR 2006-2007 BUDGET IN THE AMOUNT OF $432,810.
9. REQUEST FROM THE LEAGUE OF WOMEN VOTERS TO CONDUCT A CANDIDATE FORUM AND A BALLOT PROPOSITION FORUM:
The purpose of this report is to present the Council with a request from the League of Women Voters (League) of Glendale/Burbank. Each election year, the League has traditionally presented a candidate forum for the local elected offices. They have occasionally presented ballot proposition forums as well.
In recent years, these forums have been produced in cooperation with the City. The City has allowed the use of the Council Chambers, and has televised the forums live and then rebroadcast them until Election Day. The League has once again made this request.
On May 21, 1996, the Council adopted Resolution No. 24,741, which establishes policies regarding the use of City cable broadcast facilities for election candidate forums. Through adoption of the resolution, the Council expressed its belief that �it would be in the public interest for the City to permit, at no cost recovery, access by qualified organizations to use City facilities for the purpose of broadcasting debates and forums provided that neutrality is maintained in how the program is conducted so as to ensure that public funds are utilized solely for public education and information.�
In the same resolution, the League was recognized by the Council as a neutral, non-partisan organization that meets all established requirements. Additionally, as required by the resolution, the League does not endorse or back candidates for elective office or take positions on local measures. They have, however, taken positions on State measures.
Recommendation:
It is recommended that the Council approve the request from the League of Women Voters to conduct a candidate forum and a ballot proposition forum during the month of October at a mutually convenient time.
END OF CONSENT CALENDAR *** *** ***
REPORT TO COUNCIL:
10. WATER AND POWER OPERATING REPORT:
WATER UPDATE
Water Quality
Water quality during August met or exceeded State and Federal drinking water standards.
Fiscal Year-To-Date 2006-07 Water Fund Financial results as of August 31, 2006:
( ) = Unfavorable
* Includes Power Plant Sales, Commercial and Industrial Reclaimed Sales
Deferring WCAC revenues reduced potable water revenues by $253k FYTD.
Fiscal Year (FY) 2006-07 Water Fund Financial Reserve balances as of August 31, 2006 are summarized in the following table:
ELECTRIC UPDATE
Electric Reliability
The following table shows the system-wide reliability statistics for FY 2006-07 through August 31, 2006, as compared to the same time period for FY 2005-06:
|
Reliability Measure |
FY 2005-06 |
FY 2006-07 (through August 31, 2006) |
|
Average Outages Per Year |
0.0341 |
0.0910 |
|
Average Outage Duration |
59.91 minutes |
86.67 minutes |
|
Average Service Availability |
99.9977% |
99.9912% |
Financial and Operations Update
Fiscal Year-To-Date 2006-07 Electric Fund Financial results as of August 31, 2006:
( ) = Unfavorable
To date no Aid-in-Construction, Work for Others or misc. revenues have been recorded. Interest income has been accrued.
FY 2006-07 Power Fund Financial Reserve balances as of August 31, 2006 are summarized in the following table:
Recommendation:
Note and file.
ADOPTION OF PROPOSED ORDINANCE:
11. ZONE MAP AMENDMENT TO C-2 FOR MIXED ZONED PROPERTY � 2128 NORTH GLENOAKS BOULEVARD:
The applicant, Farhad Simab, requests approval of a Zone Map Amendment (ZMA) to convert the R-1 and R-4 zoned segments of the property located at 2128 North Glenoaks Boulevard to C-2 zone and make the property consistent with the General Plan Limited Commercial designation. The zone change is necessary to construct a proposed mini-mall. On August 14, 2006 the Planning Board (Board) approved, by a vote of 4-0, Variance and Development Review applications to construct a mini-mall and for the parking lot to encroach 15 feet into a required 20-foot buffer. The Board also recommended approval of the ZMA to the Council with the request that a small portion of the site extending to Scott Road remain an R-1 zone for buffering purposes.
This ordinance was introduced at the September 19, 2006 Council meeting.
Recommendation:
Adoption of ordinance entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING ZONE MAP AMENDMENT FOR PROJECT NO. 2006-35 (2128 NORTH GLENOAKS BOULEVARD; APPLICANT: FARHAD SIMAB).
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:
ADJOURNMENT.
For a copy of the agenda and related staff reports,
please visit the
City of Burbank�s Web Site:
www.ci.burbank.ca.us