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:

a. Conference with Legal Counsel � Existing Litigation:

Pursuant to Govt. Code �54956.9(a)

Name of Case: City of Burbank v. Tsay

Case No.: EC042311

Brief description and nature of case: Collection of Transient Occupancy Tax from Ramada Inn.

b. 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.

5:30 P.M.

TRAFFIC CONGESTION STUDY SESSION:

At the request of the Council, staff conducted an analysis of the state of the traffic system operation in Burbank with emphasis on how traffic signal system operation contributes to the traffic congestion on major streets in the City. Staff will present the analysis to the Council in a report highlighting the following topics:

What is traffic congestion?
How bad is traffic congestion in the greater Los Angeles region?
How have congestion levels changed over the last decade?
Why can�t I travel without stopping as I could ten years ago?
What will solve the traffic congestion problem?
What has Burbank done about the congestion problem?
What more can we do to minimize future traffic congestion?

This study session report will discuss the various causes of traffic congestion and what the City has done to address it, as well as what is planned for the near future.

6:30 P.M.

INVOCATION: Reverend Ron White, American Lutheran Church.

The Courts have concluded that sectarian prayer as part of City

Council meetings is not permitted under the Constitution.

FLAG SALUTE:

ROLL CALL:

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 January 16, 2007. Other Airport-related issues may also be discussed during this presentation.

Recommendation:

Receive report.

6:30 P.M. PUBLIC HEARINGS:

2. APPEAL OF PROJECT NO. 2006-126, DEVELOPMENT REVIEW-3030 CLYBOURN AVENUE:

Staff recommends that the Council approve Project No. 2006-126, Development Review, a request by Avjet to construct an aircraft hangar with office space at the Bob Hope Airport. The project was denied by the Planning Board (Board) on appeal and the applicant has appealed the Board�s decision and revised the design of the proposed project in response to concerns raised by the Board.

On August 31, 2006, the Community Development Director (Director) approved Project No. 2006-126, Development Review. The project included two stories of office space and indoor aircraft storage space. The proposed hangar would be used to store privately-owned aircraft and would not be used to store commercial carrier aircraft. The proposed office space would be to provide support functions related to the general aviation services provided in the adjoining hangar. On November 6, 2006, the Board held a public hearing to consider an appeal of the Director�s decision. The Board�s deliberations focused on the fact that the project site is partially zoned Airport and partially zoned M-2 General Industrial. The Board considered whether the office portion of the project should be considered an office use and therefore permitted in the M-2 zone, or considered an airport use incidental to the hangar, and therefore prohibited in the M-2 zone. The Board also considered whether the project is allowed under the terms of the Development Agreement (Agreement) between the City and the Burbank-Glendale-Pasadena Airport Authority that governs the use and development of the project site. The Board voted 3-2 to uphold the appeal and deny the application. The two dissenting Board members indicated that they believed they did not have adequate information on which to make a decision.

The project applicant has filed an appeal of the Board�s decision and has submitted revised project plans in response to the zoning issue considered by the Board. The applicant has modified the project design to move the proposed building entirely out of the M-2 zone. The revised design places the building entirely within the Airport zone, including the office and aircraft hangar components. No portion of the building would be located within the M-2 zone. The only improvements related to the proposed project that would be located in the M-2 zone are landscaping, a driveway leading from Clybourn Avenue to the parking area, and a pedestrian path from the sidewalk and parking area to the front door of the building. Although the driveway and pedestrian path are being used to access an airport use located in the Airport zone, the improvements are not considered uses for zoning purposes and are therefore allowed on the M-2 zoned portion of the property.

At the Board hearing, there was discussion about the terms of the Agreement pertaining to the area allowed for general aviation purposes at the Airport. Section 3.8(d) of the Agreement provides that the Airport may not increase the cumulative gross square footage of Airport property allocated to general aviation uses beyond the area indicated in the Agreement. The project site is included within the area identified in the Agreement for general aviation. Therefore, the proposed project would not increase the area for general aviation uses beyond that identified in the Agreement and is consistent with the Agreement.

The subject application must be acted upon through a ministerial process as provided by the Burbank Municipal Code. If the Council determines that the proposed project complies with the zoning and with the terms of the Agreement, the Council must approve the application. Staff believes that the proposed project is consistent with all zoning requirements and the Agreement.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PROJECT NO. 2006-126 DEVELOPMENT REVIEW (3030 Clybourn Avenue - Applicant/Appellant: Avjet Corporation).

3. APPEAL OF PROJECT NO. 2006-31 SPECIAL DEVELOPMENT PERMIT-103 NORTH WHITNALL HIGHWAY:

The purpose of this public hearing is to consider an appeal of two Conditions of Approval for Project No. 2006-31, a Special Development Permit. The Planning Board, by a vote of 4-0, approved a request to add 991 square feet to the second floor of a single-family home and exceed the .4 floor area ratio limit to .49. The appeal was received from Ross Gunnell, the applicant for the Special Development Permit.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PROJECT NO. 2006-31 SPECIAL DEVELOPMENT PERMIT (Applicant/Appellant: Ross Gunnell, 103 Whitnall Highway).

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�.

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.

The purpose of this report is to request Council approval of a ten-year lease agreement between the City and Sprint PCS Assets, LLC (Sprint), authorizing the installation of three cellular phone antennas, approximately five feet in length, at Valley Park, 1625 North Valley Street. Staff is also requesting that the revenue generated be used for future park capital improvement projects.

In March 2005, Sprint contacted staff seeking a location in the area of Valley Park for placement of three cellular antennas to improve customer reception. Ball field poles were identified as a possible site for the placement of the antennas, specifically the poles closest to the corner of Edison Boulevard and Clybourn Street. On April 14, 2005, staff presented this item to the Park, Recreation and Community Services Board (Board) for discussion and direction. The Board supported the initial proposal and directed staff to move forward with the project.

The Planning Division considers the antennas to be building mounted; as such, a Conditional Use Permit (CUP) is not required. Notification to nearby residents and businesses is also not required.

Staff negotiated a monthly lease payment of $1,500, with an annual Consumer Price Index increase, at a minimum of 3 percent. In addition to the monthly rent, Sprint will also reimburse the City $22,800 for the cost of a new park sign. The total value of the agreement is $229,150.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A TEN YEAR LEASE AGREEMENT BETWEEN THE CITY OF BURBANK AND SPRINT PCS, LLC AUTHORIZING SPRINT TO INSTALL CELLULAR PHONE ANTENNAS AT VALLEY PARK.

Staff requests the Council amend a California Department of Transportation (Caltrans) Bicycle Transportation Account Grant in the amount of $432,810 with a local match requirement of $48,090 to design and construct a Class II Bikeway on Victory Boulevard between Clybourn Avenue and the Burbank Boulevard Bridge contingent upon Caltrans approval and further examination of right-of-way widths between Victory Boulevard and San Fernando Boulevard. The project would also construct a Class III Bikeway on Front Street from Burbank Boulevard to the Downtown Metrolink station. The amended project would eliminate the Class III segment on Reese Place and Doan Drive between Victory Boulevard and Chandler Boulevard as well as reallocate funds planned for signal upgrades along this segment and reallocate the funds to implement additional bicycle detection at existing traffic signals along the rest of the project corridor. The elimination of this segment is due to the discontinuation of the Beachwood-Sparks Bikeway and the intended connection to this project at Sparks Street.

The elimination of this segment will not affect the overall goal of increasing connectivity between the Metrolink station and the Downtown with the western portion of the City separated by Interstate 5 and the railroad tracks. The project would continue to implement the overall bicycle network outlined in the Bicycle Master Plan in addition to adding to the overall connectivity of the network as well as adding new facilities.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN AMENDMENT TO THE LOCAL AGENCY-STATE AGREEMENT BETWEEN THE CITY OF BURBANK AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE VICTORY BOULEVARD ENHANCED CLASS III BIKEWAY.

Staff requests the Council amend a California Department of Transportation (Caltrans) Bicycle Transportation Account Grant in the amount of $265,500 with a local match requirement of $29,500 to reallocate these funds to an alternative project that would provide bike racks on the BurbankBus Fleet, implement bike parking along the City�s commercial corridors, and construct bike station facilities at the Downtown Metrolink station. The amended project would expend funds previously awarded to the City and prevent the funds from lapsing by the April 2007 deadline for submitting final invoices for the grant.

The Council directed staff to discontinue work on the implementation of the Beachwood-Sparks Enhanced Class III project and suggested finding an alternative use of the funds. Staff is proposing to change the scope of the project to provide needed bicycle infrastructure identified in the Bicycle Master Plan. The alternative project would provide bicycle facilities to residents and commuters not currently available and continue to implement the goals and objectives of the City�s Bicycle Master Plan.

7. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH GRANICUS, INC. AND AMENDING THE FISCAL YEAR 2006-07 BUDGET:

Staff is requesting the Council adopt a resolution authorizing the City to enter into a Professional Services Agreement (PSA) with Granicus, Inc. for the purchase and implementation of Granicus Media Manager and to amend the budget for Fiscal Year (FY) 2006-07.

At the Council meeting of November 14, 2006, staff presented a report on the Granicus Media Manager software solution that provides the ability to access, archive, keyword search, index and integrate documents into our web casts. The Council directed staff to return with a detail cost analysis and appropriation request for the purpose of moving forward with implementation of this technology.

The initial total cost of the project is $41,216 which includes all one-time costs of hardware, software, training, installation and web integration services software. It also includes six months of managed services. As this project was not budgeted, staff requests an appropriation of $41,216. The annual managed services expense will be requested as an exception through the yearly budget process.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND GRANICUS, INC., FOR ELECTRONIC ARCHIVAL AND PLAYBACK OF CITY COUNCIL MEETINGS, AND AMENDING THE FISCAL YEAR 2006-2007 BUDGET TO APPROPRIATE $41,216.00 TO PROVIDE FUNDING FOR SAID AGREEMENT .

The purpose of this report is to request the Council make an appointment to fill an unexpired term on the Civil Service Board ending on June 1, 2009. The unexpired term was created by the resignation of Board Member Nance Walker-Bonnelli, who relocated from the City.

On November 6, 2006, the City Clerk's Office began advertising and accepting applications for the above vacancy. 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 January 5, 2007 deadline, four applications were received from: David B. Ahern; Linda E. Barnes; Malcolm S. Kelman; and, Nathan Schlossman.

Staff recommends the Council consider the applications submitted and make one appointment to fill the unexpired term on the Civil Service Board, ending June 1, 2009.

On June 6, 2006, the Council directed staff to modify existing traffic controls on Tujunga Avenue between Sunset Canyon Drive and Via Montana. The modifications included stop controls, electronic speed signage and centerline delineators.

The additional stop controls were installed in June 2006 and the delineators were installed on October 24, 2006. The installation of the delineators generated considerable commentary from residents, which prompted staff to hold a meeting with the residents. A meeting notice was sent to all 220 residents in the Tujunga Avenue and Via Montana area. Included with the meeting notice was a preference form for residents to indicate whether the delineators should remain or be removed. The meeting was attended by 25 residents and 29 residents responded to the written inquiry about the delineators. The majority of those in attendance at the meeting (72 percent) voted to remove the delineators, and 66 percent of the written responses were also in favor of removing the delineators.

The resident meeting concluded with the following three recommendations for consideration by the Council:

Staff collected additional speed data during the first week of December and removed the delineators by December 8, 2006. However, the delineator bases were left in place until the traffic data can be evaluated.

The resident meeting participants desire to have calming options discussed in more detail and recommend a neighborhood committee be convened to explore the options. Other recommendations from the meeting have been implemented by staff.

Staff seeks further direction from the Council on the traffic calming efforts on Tujunga Avenue.

10. APPROVING A SYSTEM IMPLEMENTATION AGREEMENT BETWEEN THE CITY AND APPLICATION SOFTWARE TECHNOLOGY CORPORATION; A LICENSE AND SERVICES AGREEMENT BETWEEN THE CITY AND ORACLE CORPORATION; AND AMENDING THE FISCAL YEAR 2006-07 BUDGET:

Staff is requesting Council approval to proceed with the implementation of Human Resources (HR)/ Payroll, Budget, Work Order/Asset Management (WOAM) software applications, including an upgrade and retrofitting of the current Oracle Financial applications to version 12. Staff is also requesting approval of: a System Implementation Agreement between the City and Application Software Technology Corporation (AST); a License and Services Agreement between the City and Oracle Corporation; and an amendment to the Fiscal Year (FY) 2006-07 Budget.

The current HR/Payroll and WOAM systems are more than 25 years old, outdated and running on mainframe technology. The annual budget is currently processed using Excel spreadsheets and some mainframe applications and reports. Staff has determined that replacement of the HR/Payroll, Budget, and WOAM functions are merited based on numerous shortcomings of the current system including the inability to address the additional functionality required for the growing business needs of the City; the inability to support technological advances and to address audit requests seamlessly without going through extensive research; and, the limited capability for managers to access needed data across departments.

The existing system is unable to address the growing business requirements without danger of total application failure. For example, as employee deductions and benefits fluctuate, the current application will be unable to address them. Any changes introduced to the environment will jeopardize current system�s operating reliability. The application shortcomings will adversely impact the services provided to and by City employees and ultimately to the citizens.

In 1997, staff went through a Request for Proposal (RFP) process to replace the existing mainframe financial system to address impending Year 2000 (Y2K) issues. Oracle Enterprise Resource Planning (ERP) was selected to address business applications for core Financials (General Ledger, Accounts Payable, Accounts Receivable, Project/Grant Accounting, Fixed Assets and Inventory), HR/Payroll and Budget and was to be implemented using a phased approach. The final go-live for Financials was March 1, 1999 and HR/Payroll and Budget was ultimately scheduled for October 1, 1999. However, ongoing challenges with the financial implementation and staffing issues, the HR/Payroll and Budget modules were not implemented. To continue issuing payroll on the existing mainframe system, enhancements were completed on the mainframe to make it Y2K compliant.

During the FY 2004-05 Budget process, the Council directed staff to go forward with the Oracle 11i technical upgrade for core financials which was successfully completed in August 2005. During the upgrade, a parallel effort also commenced to select a consulting firm to document business requirements (not completed during the 1997 process); create a comprehensive RFP for HR/Payroll, Budget, and WOAM applications (with optional Financials); and participation in the RFP process through contract negotiations. After an extensive selection process, the Government Financial Officers Association (GFOA), with a utility specific sub-contractor (Virchow Krause & Company � VK) were selected.

Representatives from various departments (Management Services, Financial Services, Burbank Water and Power, Fire, Police, Park, Recreation and Community Services, Public Works and Information Technology), along with GFOA and VK undertook an extensive effort that included, but was not limited to: a thorough review and documentation of the City�s business requirements; attending and evaluating vendor software demonstrations and follow-up discovery sessions; and, site visits and conference calls to cities currently using the software.

Based on the evaluations received from the participating departments, the final decision was to select AST (for implementation) and Oracle HR/Payroll, Budget and WOAM applications. Oracle meets the City�s business requirements and will integrate most seamlessly with the current Financial application. The proposed implementation will provide the City with robust HR/Payroll/Budget functionality and WOAM business applications and extend the City�s existing Oracle financial applications resulting in an integrated environment while eliminating redundant data entry and duplication of effort.

This project will be multi-year divided into four phases estimated to begin in January 2007 (HR/Payroll) and conclude with the final go-live in June 2009 (Budget). The total cost of the project is $9,974,370 and $3,465,172 was previously appropriated. The net appropriation needed is $6,509,198. The funding for all four phases will be allocated based on various methodologies unique to each phase. For example, the HR/Payroll portion will be allocated based on the number of budgeted employees by fund; the WOAM portion to the user departments (primarily Burbank Water and Power and Public Works) and not all funds; and, the version 12 upgrade and budget portion based on operating and capital budgets.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2006 - 07 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $6,509,198 TO THE INFORMATION SYSTEMS REPLACEMENT FUND FOR THE ORACLE UPGRADES AND REPLACEMENTS.

2. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF THE SYSTEM IMPLEMENTATION PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND APPLICATIONS SOFTWARE TECHNOLOGY CORPORATION FOR THE IMPLEMENTATION OF ORACLE SOFTWARE .

3. A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF THE LICENSE AND SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK ORACLE FOR THE PURCHASE OF ORACLE SOFTWARE .

The purpose of this agenda item is to allow for subsequent public comment and Council action and direction as a result of the Traffic Congestion Study Session.

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: