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.

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 Legal Counsel � Anticipated Litigation (City as potential defendant)::

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s): 1

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:

ANNOUNCEMENT: DARK MEETINGS DECEMBER 26, 2006 AND JANUARY 2,

2007.

PRESENTATION: CIVIC PRIDE�S HOLIDAY CONTEST WINNERS.

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).

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 December 18, 2006. Other Airport-related issues may also be discussed during this presentation.

Recommendation:

Receive report.

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.

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�.

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 THE OPEN PUBLIC COMMENT 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.

Approval of minutes for the regular meetings of September 19, September 26 and October 3, 2006.

The purpose of this report is to request the Council make an appointment to fill a four-year term for Burbank's representative to the Greater Los Angeles Vector Control District Board of Trustees ending January 1, 2011. In addition, the Council is being requested to make appointments to fill two unexpired terms on the Community Development Goals Committee ending on June 1, 2008 and June 1, 2010. These vacancies were created due to the resignation of Committee Members Dwayne Healy and Rebecca Chamaa who have relocated from the City.

On November 6, 2006, the City Clerk's Office began advertising and accepting applications for the above vacancies. Notices were sent to the newspapers and placed on the City�s website and the Channel 6 Scroll in order to obtain qualified candidates. As of the December 6, 2006 deadline, the City Clerk�s Office received: one application from the incumbent, Kristy Laird, for the Vector Control District Board vacancy; and, two applications from Shannon M. Stevenson-Landon and Mike Chapman for the Community Development Goals Committee vacancies.

Staff recommends the Council appoint Kristy Laird to fill a four-year term for Burbank's representative to the Greater Los Angeles Vector Control District Board of Trustees ending January 1, 2011. Staff also recommends the Council appoint Shannon M. Stevenson-Landon and Mike Chapman to fill the two unexpired terms on the Community Development Goals Committee ending on June 1, 2008 and June 1, 2010. As in the past, the City Clerk will toss a coin to determine which applicant gets the shorter or longer term.

The purpose of this report is to present to the Council the Annual Report of Financial Transactions (Annual Report) of the Redevelopment Agency (Agency) and to request authorization to submit the Annual Report to the State Controller.

As required by California Redevelopment Law (Health and Safety Code Section 33080), an agency must annually prepare for its legislative body's review an Annual Report and then submit a copy to the State Controller�s Office within six months of the end of the agency's fiscal year. The Annual Report contains the following essential elements:

1. A fiscal statement that provides the previous year�s achievements including information about the amount of tax increment generated by each project area, the amount of indebtedness and other fiscal information;

2. An independent financial audit report will be attached to the Annual Report. It is a comprehensive annual financial report that includes the auditor�s opinion of the Agency�s operation, conformance with laws and administrative standards of the Agency, as well as the Agency�s financial position; and,

3. Finally, the Annual Report identifies agency activities during the reporting period that affect housing affordable to elderly and non-elderly households, who are very low, lower or moderate-income. Information about these target populations includes, for example: the number of units removed from the market place (replacement housing requirements); the number of new or substantially rehabilitated units produced (inclusionary housing requirements); the number of agency-assisted units constructed, rehabilitated, acquired or subsidized during the prior year; a statement that the Agency accumulated no excess surplus; an estimate of the affordable housing projects to be developed, target populations to be displaced over the next two program years; and, Low and Moderate-Income Housing Fund balances.

Staff has completed the Annual Report for Fiscal Year 2005-06. A copy of the Annual Report was available for public review beginning December 11, 2006 at the Agency's public counter at 141 North Glenoaks Boulevard and the City Clerk�s office located at 275 East Olive Avenue.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING AND AUTHORIZING THE TRANSMITTAL OF THE REDEVELOPMENT AGENCY�S ANNUAL REPORT OF FINANCIAL TRANSACTIONS TO THE STATE CONTROLLER.

The purpose of this report is to present a recommendation by the Burbank Transportation Commission to support the proposed Coast Daylight passenger Amtrak Service between Downtown Los Angeles and Downtown San Francisco, to include a stop in Burbank. The Coast Rail Coordinating Council (CRCC), a coalition of Central California transportation planning agencies and local governments, along with the California Department of Transportation (Caltrans), Amtrak, and Union Pacific Railroad, are developing plans to implement new intercity rail service between Los Angeles and San Francisco. This proposed service would supplement existing Amtrak service operating between Los Angeles and San Luis Obispo and extend this service to Downtown San Francisco. The proposed Coast Daylight service would operate through the City of Burbank with a likely stop at the City�s existing Amtrak/Metrolink Station at Bob Hope Airport. This service has been envisioned as part of Caltrans� State Rail Plan for a number of years, but funding for required train capital, operating funds and track improvements has been unavailable. However, with the recent passage of State bond funds for transportation in November of this year, money could be made available to fund this service. The purpose of the proposed resolution is to express support for the planning effort to establish this service and to recommend that a stop at the Bob Hope Airport in Burbank be included if the service is implemented.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK IN SUPPORT FOR EXPANDED PASSENGER RAIL SERVICES TO CONNECT DOWNTOWN SAN FRANCISCO AND DOWNTOWN LOS ANGELES ALONG THE PACIFIC COAST RAIL CORRIDOR.

The purpose of this report is to request Council authorization to accept a $150,500 Prehospital Emergency Medical Care Act (Act) grant from the County of Los Angeles, approve the related program agreement and amend the Fiscal Year (FY) 2006-07 budget by appropriating funds.

Through the approval of Measure B, the Los Angeles County Department of Health Services (DOH) has funded the Act grant to improve local delivery of emergency medical care to the sick and injured. Part of this grant includes funding to assist local fire departments with the purchase of 12-lead capable defibrillators with capnography for all active fire apparatus. The improved defibrillator technology undoubtedly provides better patient care at the scene of an emergency.

With the adoption of the Assessment Paramedic Engine program in 2006, upgrading the technology of the paramedic equipment on our engines is the next logical step towards improving the overall quality of EMS delivery to patients. By taking advantage of the grant funds offered by Los Angeles County DOH, the Burbank Fire Department will be able to have 12-lead monitors and the capnography available on every apparatus. Since the grant is only available until December 31, 2006, the Fire Department would like to act quickly and purchase the monitor upgrade package as soon as possible. The grant funds will not only cover the costs of the upgrade, but also the original purchase price of the units.

Once the upgrade is completed, the Burbank Fire Department will be eligible to receive a reimbursement grant in the amount of $150,500. The estimated cost of upgrading the eight 12-lead defibrillators is $72,744. The remaining $77,756 balance of the grant will be used to offset anticipated recurring increases to the Fund 533 rental rates. Staff recommends that the Council adopt the resolution accepting the grant, approving the agreement, and amending the FY 2006-07 budget by appropriating the funds in the amount of $72,744.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE CARDIAC CARE PROGRAM AGREEMENT BETWEEN THE CITY OF BURBANK AND COUNTY OF LOS ANGELES, ACCEPTING A PREHOSPITAL EMERGENCY MEDICAL CARE ACT GRANT FROM THE COUNTY OF LOS ANGELES, AND AMENDING THE FISCAL YEAR 2006-2007 BUDGET BY APPROPRIATING FUNDS IN THE AMOUNT OF $72,744 FOR EQUIPMENT UPGRADE.

Staff is requesting Council approval of a resolution amending the Professional Services Agreement (PSA) between the City and Swinerton Builders. In June 2006, the City entered into a PSA with Swinerton Builders (Swinerton) in the amount of $48,000 to develop the Guaranteed Maximum Price for the Community Services Building Project. During the development process, there was concern that there would be a limited response to bid requests, as subcontractors were extremely busy and they were selectively bidding on projects. Therefore, Swinerton was directed to take additional steps to ensure receipt of a minimum of three bids from each trade providing in excess of one-half of one percent in construction services to meet competitive bidding requirements.

The increased outreach to subcontractors and the issuance of five separate Architectural Addendums that were distributed to the affected subcontractors resulted in increased costs. The amendment will increase the cost of service by $57,000, bringing the total cost of service to $105,000.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND SWINERTON BUILDERS.

The City currently contracts with two companies that provide employee assistance. The City�s Outpatient Managed Behavioral Health Program is administered by Managed Health Network (MHN) and is designed to provide employees access to a full range of mental health and substance abuse tools for everyday problems as well as more serious concerns. The program provides assessments, assistance and referrals to additional services when needed. Eligible members may receive up to 52 counseling sessions per year for medically necessary treatment. The City also contracts with Buena Vista Counseling Services. The service is designed to have employees contact an Employee Assistance Program (EAP) counselor (Carol Sussman) and the counselor will assess the problem and propose a plan of action to solve it. If further help is needed, the counselor will help the employee contact the appropriate resource. This was also the City�s Management EAP for situations involving the need for mandatory counseling, Critical Incident Debriefing, Substance Abuse Program and violence in the workplace.

With the recent retirement of Carol Sussman, the City�s EAP counselor, staff would like to take this opportunity to combine the two programs into one well balanced EAP. The new EAP should emphasize an overall assistance to employees and not just solely focus on behavioral health care considering these benefits are now included in most medical benefits. Staff, representatives from each of the unions, and Dr. Linda Poverny, a psychologist with the University of Southern California met to prepare a Request for Proposal to gather information from organizations relative to the City�s desired scope of service and selection criteria. The top three proposals were selected to address in more detail issues regarding financial and other aspects of their organization and operations, as well as concerns regarding program evaluation and provider relations. The top three proposals were received from MHN, The Holman Group and Robert T. Dorris & Associates. The decision was unanimous to select Robert T. Dorris & Associates as their proposal best suits the needs of the City and is the most economical as well.

The new EAP with Robert T. Dorris & Associates costs $5.07/month per employee. All full-time and part-time employees will be included in the program and the cost is based on an average of 1,425 employees. The cost per year is $86,184, resulting in an annual cost savings of $57,651.51.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SPECIALIZED HEALTH CARE SERVICE PLAN CONTRACT BETWEEN THE CITY OF BURBANK AND ROBERT T. DORRIS & ASSOCIATES INC. TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM.

As a negotiated agreement, in August of 2000, the Council agreed to provide a total of $18,000 a year to employees who retired while members of the Burbank Management Association (BMA) from the period of June 29, 1992 until December 31, 2003. There were 15 employees who were eligible at the time of the adopted Memorandum of Understanding (MOU). The total was calculated at $100 per employee for 12 months ($100 per month x 15 employees x 12 months = $18,000 per year). While the total of $18,000 that the City and the BMA negotiated in 2000 has not changed, the number of eligible retired individuals increased from 15 to 25. As a member of the Public Employee Retirement System (PERS) health care plan system, the City is required to pay all retired employees who select a PERS retiree health care plan a statutory monthly amount of $64.60. However, when the BMA MOU was approved in 2000, the statutory amount that the City was paying was $25 per month. The language in the 2000 MOU was ambiguous as to whether or not the $100 that was negotiated for the retirees between June 29, 1992 and December 31, 2003 was in addition to the PERS statutory required amount. It was agreed that the $18,000 will be distributed to each eligible employee based on the following formula: $18,000 divided by 12 months divided by 25 employees which amounts to $60 per month per employee. The City will continue to modify the individual monthly amount as the number of eligible retirees changes using the same formula described above until the number is back to the original amount of 15. At that time the City contribution will remain at $100 per month per employee until there are no eligible employees remaining.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK FIXING THE EMPLOYER�S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES� MEDICAL AND HOSPITAL CARE ACT.

A Burbank Police Officer has appealed his discipline to the Burbank Civil Service Board. The City Attorney�s Office requests Council approval to retain the law firm of Atkinson, Andelson, Loya, Ruud & Romo. The legal services agreement between Atkinson, Andelson, Loya, Ruud & Romo and the City would also allow the City Attorney�s Office to use the firm�s services not only in cases before the Civil Service Board but also before the Public Employee�s Retirement System, the Public Employment Relations Board, and other assistance to the City Attorney�s Office on public employment issues.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND ATKINSON, ANDELSON, LOYA, RUDD & ROMO.

Staff requests the Council approve the energy-saving and renewable energy programs and direct and authorize the General Manager to implement the programs, entering into any and all necessary agreements for that purpose consistent with the programs as outlined in the staff report:

Provide Burbank businesses with a green energy program that allows them to select from three participation options.

Modify the existing Clean Green Support to match the options and pricing methodology of the proposed business green energy program.

Create an energy education workshop program provided at no charge to Burbank businesses.

Provide education on solar energy to interested Burbank residents and businesses.

Revise how the rebate amount is determined for this program by focusing on energy-savings and not project cost.

Dissolve this rebate element as ultra-low flush toilets are the State�s standard plumbing requirement and focus instead on promoting and rebating High Efficiency Toilets.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING IMPLEMENTATION OF NEW AND REVISED RENEWABLE ENERGY AND EFFICIENCY PROGRAMS OF BURBANK WATER AND POWER FOR FISCAL YEAR 2006-07.

The purpose of this report is to present the Council with a request from the Burbank Armenian National Committee (ANC). The ANC has asked that they host a Candidate Forum in the Council Chamber on Saturday, January 13, 2007, commencing at 10:00 A.M. They further request that the forum tape be edited by the City Public Information Office staff by adding graphic identifiers, and cablecast frequently on government access TV in Burbank.

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.�

Resolution No. 24, 741 further states, �No�organization which has endorsed or may endorse a candidate for office or has taken a position or may take a position on the merits of any City of Burbank ballot proposition shall be entitled to sponsor a program.� The Burbank ANC has endorsed candidates for the Council in the past.

A written copy of Resolution No. 24,741 was provided to the Chair of the Burbank ANC on December 13, 2006. The Council has already authorized a Candidate Forum, sponsored by the League of Women Voters of Glendale/Burbank, for Thursday, January 25, 2007.

Staff recommends that the Council not approve the request from the Burbank ANC as they do not meet the criteria set forth in Resolution No. 24,741.

The current wording of Burbank Municipal Code (BMC) Section 6-502 states that the licensing period for animals is for the calendar year and expires each December 31^st. Staff requests that the Council modify the wording to reflect that all animal licenses are valid for one year from the date of issuance.

The Animal Shelter has recently installed a new computer software system that will streamline processes, including allowing annual license renewals on the date of initial issuance. This will spread the workload throughout the year and eliminate the inequitable situation mentioned above. In order to accomplish this change, the BMC must be modified to reflect that animal licenses expire one year from the date of issuance.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION 6-502 OF THE BURBANK MUNICIPAL CODE RELATING TO THE RENEWAL OF ANIMAL REGISTRATION.

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, DECEMBER 19, 2006
6:00 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, DECEMBER 19, 2006 6:00 P.M. CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

TUESDAY, DECEMBER 19, 2006
6:00 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE