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 2 through 7)

The following items may be enacted by one motion.  There will be no separate discussion on these items unless a Council Member so requests, in which event the item will be removed from the consent calendar and considered in its normal sequence on the agenda. A roll call vote is required for the consent calendar.

2.       REQUESTING THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ACCEPT THE TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS WITHIN CITY OF BURBANK LIMITS, KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1747:

Staff is requesting approval of a resolution to transfer and convey to the Los Angeles County Flood Control District, storm drain improvements on Flower Street that lie within the City limits.  The storm drain in the City of Burbank runs along Flower Street from Linden Avenue, approximately 470 lineal feet southeasterly to the City of Burbank and City of Glendale boundary limits. The City will not be responsible for the expense of future operation, maintenance, repair and improvements of 470 lineal feet of storm drain on Flower Street between Linden Street and the City of Burbank/Glendale boundary; therefore there is no fiscal impact.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1747 IN THE CITY OF BURBANK FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.

3.       CHILD CARE COMMITTEE APPOINTMENTS:

The purpose of this report is to request Council approval and appointment of the 2006-07 Child Care Committee (Committee) members.

Pursuant to the by-laws of the Committee, appointments to the Committee are recommended by Committee members and forwarded to the Council for approval.  Appointments are for a one-year term and include representation of those in the City whose cooperation in the child care effort is needed, including the School District, private business employers, child care providers and parent users of child care service.  

The Committee met and the current members discussed the submitted applications.  The Committee agreed that they represented a solid cross section of the community with a demonstrated interest in child care issues. 

Staff along with the Committee recommends the Council appoint the following applicants to the Committee:

Goldie Bemel              B.U.S.D.

Yvette Coontz              St. Anne�s Maternity Home C.F.O

Mildred Engel              Retired Educator

Regina A. Martin         Child Care Center Director

Annabelle Godwin      Retired Provider, College Instructor

Barbara Gunderson   The Walt Disney Company, Work & Family Specialist

Harkmore Lee             Burbank YMCA

Carol Miller                  Pre-school Director

Deane Phinney           Retired Provider/Administrator

Nancee Rodriquez     Past Child Care Center Director

Shanna Vaughan        Boys and Girls Club Director

Helen von Seggern     Retired Educator

Tamara K. Brown       Burbank YMCA

Karen E. Karlson        Child Care Center Director

Recommendation:

Staff recommends the Council approve and appoint Committee members for a one-year term ending October 1, 2007.

4.       RESOLUTION OF INTENTION FOR VACATION V-351 (CITY OF BURBANK � APPLICANT):

The applicant, City of Burbank, is requesting the vacation of two alleys for the purpose of constructing the proposed Community Services Building.  The City and Redevelopment Agency own all surrounding property and the alleys are no longer needed to serve individual ownership.  The proposed Resolution of Intention will set the public hearing date to November 14, 2006 to consider the vacation of the alleys.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENTION TO CONSIDER THE CONDITIONAL VACATION OF TWO ALLEYS   (V-351).

5.       ADOPTING A MEMORANDUM OF UNDERSTANDING FOR FISCAL YEARS   2006-09 BETWEEN THE CITY OF BURBANK AND THE BURBANK FIRE FIGHTERS � CHIEF OFFICERS� UNIT AND AMENDING THE FISCAL YEAR 2006-07 BUDGET:

The purpose of this report is to request Council approval of the proposed resolution which would adopt a three-year Memorandum of Understanding (MOU) between the City and the Burbank Fire Fighters � Chief Officers� Unit (BFF-COU).  Staff has adhered to the City�s compensation policy which includes the consideration of the condition of the economy as reflected by the Consumer Price Index (CPI); capacity  in the City�s approved budget; commitment to pay for performance; and, equity in the market place. 

Staff has been negotiating with the BFF-COU since September 2006.  In October 2006, the City and the BFF-COU reached a tentative agreement on a three-year package.  The BFF-COU ratified this agreement and staff is now requesting Council approval. 

The negotiated package will provide all BFF-COU members with a 4.50 percent salary increase effective July 1, 2006.  In year one of the contract, it will also provide a $15 City match to both a retiree health insurance savings account and a 401 (a) account, as well as increases in educational incentives including the California Incident Command Certification.  Effective July 1, 2007, all BFF-COU members will be provided a 3.50 percent salary increase and up to $42 per employee per month for an employee dental plan.  In the third year, all members will be provided a three percent salary increase to be effective July 1, 2008.  In addition, there is an increase in medical payments each year to keep pace with the rising cost of insurance premiums. There were also a number of non-fiscal language changes in the MOU which clarified or improved operating procedures.   The total cost for this package is 15.534 percent over the three-year period from July 1, 2006 to June 30, 2009. 

The proposed first year salary increases and equity adjustments were anticipated in the FY 2006-07 budget preparation.  However, funds were not appropriated at the time of the budget adoption.  As such, budget amendments are required to appropriate the necessary funds from the Unappropriated Fund Balance. 

Recommendation:

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURBANK AND THE BURBANK FIRE FIGHTERS � CHIEF OFFICERS UNIT FOR FISCAL YEARS 2006-09 AND AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2006-07.

6.       APPROVING AND AUTHORIZING EXECUTION OF A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF BURBANK, ACTING BY AND THROUGH BURBANK WATER AND POWER AND THE BURBANK TOURNAMENT OF ROSES ASSOCIATION:

Staff is requesting Council approval of a resolution that authorizes a formal Sponsorship Agreement (Agreement) between Burbank Water and Power (BWP) and the Burbank Tournament of Roses Association (BTORA) for BTORA�s use of certain BWP facilities.

BTORA is a community-based volunteer organization that for many years has designed and built the float entered in the name of the City in the annual Tournament of Roses Parade. For the past 40 years, the City has supported BTORA through the cooperative efforts of BWP and the Park, Recreation and Community Services Department.  BWP has allowed BTORA to use certain yard facilities within its main yard where BTORA conducts its float construction activities. The key features of the Agreement include:

• The Agreement will commence on February 1, 2007, allowing BTORA the use of designated BWP facilities on a year-round basis and limiting ingress and egress through the Olive Gate;

• BWP would continue to own, operate and maintain the chassis upon which BTORA�s float is constructed;

• BWP may waive charges for electric, water and sewer service if BTORA cooperates with BWP in the practice of water and energy conservation;

• BWP, upon 60 days� written notice, may require BTORA to relocate its activities and property;

• Either party may terminate the Agreement on 60 days written notice to the other; and,

• BTORA indemnifies the City except to the extent of the City�s sole negligence or willful misconduct.

As part of its Yard Master Plan improvements, BWP will provide a better-defined and safer float-building environment for BTORA volunteers.  The necessary yard additions and modifications will be in place early next year, making now an opportune time to conclude this formal Sponsorship Agreement. Also, Section 33 of the City Charter provides that the General Manager of BWP may enter into agreements for the lease or rental of BWP property, with approval of the Council. Although not called a lease, it is the opinion of the City Attorney�s Office that the proposed Sponsorship Agreement bears all the elements of a lease (i.e. the right to enter upon and occupy and use real property for a specified term for consideration) such that Charter Section 33 applies. 

The fiscal impact associated with this Agreement is positive. The Agreement promotes more efficient use of facilities by both parties and ensures that BWP�s support of BTORA is properly accounted for.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF BURBANK, ACTING BY AND THROUGH BURBANK WATER AND POWER AND THE BURBANK TOURNAMENT OF ROSES ASSOCIATION.

7.       INTERMOUNTAIN POWER PROJECT RENEWAL:

The Intermountain Power Project (IPP) has supplied Burbank with approximately half of the community�s electricity for nearly twenty years.  Associated with IPP is a major transmission resource, the Southern Transmission System, a +/- 500 kV DC transmission line from the IPP in Delta, Utah to Adelanto, California.  This line is currently being upgraded from 1900MW to 2600MW.  Burbank uses this line for the transmission of wind energy from Wyoming, as well as energy from IPP.

Renewing the Power Sales Contract (Contract) will allow Burbank to continue flowing electricity after 2027 from a resource where construction costs have been fully paid.  Accepting the offer to renew the Contract will allow Burbank to enjoy the benefits of having paid off the construction costs of the project over the past 40 years. The plant could operate an additional ten to twenty years after 2027, saving Burbank $300 million to $600 million.

BWP believes the prudent approach is to retain interest in IPP and operate it in a manner consistent with Burbank policy.  BWP is developing a greenhouse gas reduction plan that will be using IPP as a strategic element to allow the integration of renewable resources into the generation mix without impacting and minimizing the economic impact, so that more renewable resources can be economically developed. It is less costly to reduce IPP over time than to suddenly shut it down and replace it with a new resource.

While not renewing the IPP Contract would appear to reduce Carbon Dioxide (CO2) production, it in fact would not.  Instead, it would place a very low-cost coal-fired plant in the hands of others.  The plant will continue to operate and produce CO2.   Plans to reduce CO2 should be done in accordance with the CO2 reduction plan that is under development. 

On September 7, 2006, the BWP Board recommended approval of the proposed resolution.

Recommendation:

Adoption of proposed resolution entitled:

APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A RENEWAL POWER SALES CONTRACT BETWEEN THE INTERMOUNTAIN POWER AGENCY AND THE CITY OF BURBANK RENEWING BURBANK�S GENERATION AND TRANSMISSION CAPACITY ENTITLEMENTS IN THE INTERMOUNTAIN POWER PROJECT.

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

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:     To Tuesday, November 7, 2006 at 5:00 p.m. in the City Council Chamber, 275 East Olive Avenue, for an Assembly Bill 1234 Ethics Training Session.

For a copy of the agenda and related staff reports,

please visit the

City of Burbank�s Web Site:

www.ci.burbank.ca.us

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