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 THE OPEN PUBLIC COMMENT 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 5)

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.      CONTRIBUTION TO BURBANK, BURROUGHS AND PROVIDENCE HIGH SCHOOL STUDENTS FOR THE ANNUAL CLOSE-UP PROGRAM:

The purpose of this report is to request Council approval of a request from Burbank, Burroughs and Providence High Schools to contribute $20,000 to aid Burbank resident students with the cost of the annual Close-Up Program.

The Close-Up Program is an educational experience designed to acquaint high school students with the operation of the three branches of the Federal government.  This program has served as a tremendous learning experience for students interested in a career in government as well as those interested in community and public service.  The Council continues to include as part of its budget $20,000 to partially sponsor the participation of local high school students in the Close-Up Program.  The funds are divided equally among the participating students. Only participants who are both Burbank residents and attend a high school located in Burbank are eligible to receive the City�s contribution. 

Last year, Burbank High School sent nine, Burroughs High School sent 12, Providence High School sent eight, and Bellarmine-Jefferson sent ten Burbank resident students to the Close-Up Program.  Each of the 39 eligible students received $512 from the City.

This year, Burbank High School expects to send nine students to the Close-Up Program from June 17-June 23, 2007.  Burroughs High School expects to send 18 students from March 25-March 31, 2007.  Providence High School recently sent their 14 students from January 28-February 3, 2007. 

This year, Bellarmine-Jefferson High School is planning to send 14 students on a New York City excursion which will include visits to the Statue of Liberty, Ellis Island, Times Square, the United Nations Building and Ground Zero.  The students will also visit two universities, Fordham University and New York University.  Although this will be an exciting opportunity for Bellarmine-Jefferson students, staff feels that this type of excursion does not qualify for partial funding through the City�s Close-Up Program Account.  Funds in this account are specifically geared to assist Burbank resident students with the cost of attending the Close-Up Program; a nonprofit, nonpartisan foundation that has provided a �close up� experience of government to over 600,000 students since 1971.  Staff has spoken with the administration at Bellarmine-Jefferson, and they are accepting of this determination.

Recommendation:

With an expected total of 41 Burbank resident students from the three participating schools attending the Close-Up Program, the City�s $20,000 contribution will provide approximately $487 per participant. Staff recommends the Council approve a contribution totaling $20,000 to eligible students from Burbank, Burroughs and Providence High Schools to partially offset the cost of the Close-Up Program.

3.      APPROVAL OF FINAL MAP NO. 62116 � 355 NORTH MAPLE AVENUE:

Staff is requesting Council approval of Final Map No. 62116, a one-lot subdivision totaling 40,669 square feet located at 355 North Maple Avenue.  The property is in the MDR-5 Multiple-Family High Density Residential Zone and is owned by Entourage-Burbank, L.P., a California Limited Liability Company.

On October 4, 2005, the property owner requested City approval to subdivide a three-story, 82-unit multi-family residential building over one lot, to be converted to multi-family residential condominiums with a semi-subterranean parking garage.  Final Map No. 62116 finalizes the condominium subdivision.

All requirements of the State Subdivision Map Act have been met.  The following is a summary of information pertinent to the approval of Final Map No. 62116:

1. The tentative tract map was approved by the Community Development Director on December 8, 2005 pursuant to Burbank Municipal Code Section 27-323 (Director�s Decision on Tentative Map);

2. The Final Map contains 82 condominium units at 355 North Maple Avenue, which is located in the MDR-4 Multiple-Family High Density Residential Zone;

3. This project is Categorically Exempt from the provisions of the California Environmental Quality Act pursuant to Section 15268(b) (3) pertaining to approval of final subdivision maps; 

4. Conditions of Approval for Tentative Tract Map No. 62116 have been cleared by the Planning Division for the purpose of Final Map approval.  The Condition of Approval relating to Covenants, Conditions and Restrictions (CC&Rs) will be satisfied when the applicant submits two recorded copies of the CC&Rs to the Planning Division (applicant cannot record the CC&Rs until this tract map is approved by the Council and recorded at the Los Angeles County Recorder�s Office); and,

5. According to the State Subdivision Map Act, Chapter 3, Article 4, Section 66458, and the provisions of Chapter 27 of the Burbank Municipal Code, the Council must approve Final Map No. 62116 if it conforms to all the requirements.  If such conformity does not exist, the Council must disapprove the map at the meeting it receives the map, or at its next regular meeting.  If the Council has not authorized an extension to allow more time to disapprove the map, and the map conforms to all requirements, the map shall be deemed approved by operation of law.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF TRACT NO. 62116 (355 NORTH MAPLE AVENUE).

4.      RESOLUTION OF INTENTION FOR THE ANNUAL WEED ABATEMENT  PROGRAM:

The annual weed abatement program removes the nuisance created on various properties by weeds, rubbish, refuse and brush.  These nuisances create a potential fire hazard and a haven for rodents and vectors.  The purpose of the Resolution of Intention is threefold:

1. To declare weeds and debris to be a public nuisance;

2. To declare the Council�s intent to abate the nuisance; and,

3. To establish the date of March 6, 2007, at 6:30 p.m. as the date and time for a public hearing relating to this issue.

This resolution is a necessary legal step in the execution of the 2007 Weed Abatement Program under the provisions of the State of California Government Code Title 4, Division 3, Part 2, Chapter 13, Article 2, Sections 39560 to 39588.

The County has compiled a list of properties within the City, which need to be cleared of weeds, rubbish, refuse and debris during the 2007 Weed and Debris Clearance Program.  Data used in compiling this list has been developed from the official weed maps of the County of Los Angeles, which identify private property locations by parcel number.  Staff inspected each property to verify the nuisance. 

Notices to destroy weeds will be mailed to the property owners as required by the Government Code of the State of California upon receipt of Council approval.  An affidavit of mailing will be returned to the City by the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures when the mailing of notices, as provided by law, has been completed.

This resolution declares weeds and debris a public nuisance and is the first Council action necessary for the City to carry out the annual program of abating weeds and debris on certain private properties throughout the City.  The owners of the private property involved may either complete the abatement themselves or the County will do the work and recover the cost of the abatement through a Property Tax lien.  There is no cost impact on the City General Fund or Redevelopment Agency�s budget for this program other than incidental administrative costs.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.

5.      ADOPTING THE MODEL GOVERNMENTAL DEFINED CONTRIBUTION PLAN  AND TRUST (401(a) PLAN) AND APPROVING THE ADOPTION AGREEMENT BETWEEN THE CITY AND NATIONWIDE RETIREMENT SOLUTIONS, INC. TO ESTABLISH A 401(a) PLAN FOR THE BURBANK FIRE FIGHTERS AND BURBANK FIRE FIGHTERS � CHIEF OFFICERS UNIT LOCAL NO. 778:

As part of the 2006-09 Memorandum of Understanding (MOU) between the Burbank Fire Fighters (BFF) and the Burbank Fire Fighters � Chief Operating Unit (BFF-COU) approved in October 2006, the City agreed to match a $15 per month contribution to a Post Employment Health Plan (PEHP) and a $15 per month contribution to a 401(a) Plan from Nationwide Retirement Solutions.   Both of these plans are unique programs authorized by the Internal Revenue Code to give employees the ability to set aside money for the payment of post employment benefit.  The City has previously established the PEHP and is now in the process of establishing the 401(a) Plan.

Like the PEHP, the 401(a) plan will be sponsored by the City and administered by Nationwide Retirement Solutions.  The Trustee for this plan will be LaSalle National Bank.  The Trust is a multi-employer trust comprised of over 800 public sector entities across the United States.  As the sponsor, the City has the authority to appoint and remove the Trustee and the Administrator; as well as amend the provisions of the Plan, subject to the terms of the BFF and BFF-COU MOUs.

The 401(a) will be effective February 15, 2007.  The City will begin deducting the required employee contribution from each association member on that date and depositing that amount in their individual accounts with Nationwide.  The proposed resolution provides administrative authority for the contribution amounts to be changed annually if necessary as determined by the unions.

The Council approved the City�s matching portion of the PEHP and 401(a) contribution when the 2006-09 BFF and BFF-COU MOUs were adopted in October, 2006.  As such, there is no further fiscal impact to the City to establish this 401(a) Plan as any new monies to be deposited will come from the employees� salaries.  Furthermore, all administrative costs and asset fees will be charged to the individual employee�s account.  The only responsibility the City has is to wire transfer the established contribution amount to Nationwide on a regular basis.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING THE MODEL GOVERNMENTAL DEFINED CONTRIBUTION PLAN AND TRUST (401(a) PLAN) AND APPROVING THE ADOPTION AGREEMENT AND ADMINISTRATIVE AGREEMENT BETWEEN THE CITY OF BURBANK AND NATIONWIDE RETIREMENT SOLUTIONS, INC. TO ESTABLISH A 401(a) PLAN FOR THE BURBANK FIRE FIGHTERS (BFF) AND BURBANK FIRE FIGHTERS � CHIEF OFFICERS (BFF � COU) UNIT LOCAL NO. 778.

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

REPORTS TO COUNCIL:

6.      APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL PROJECTS FOR FISCAL YEAR 2007-08:

Staff requests the Council approve capital project uses funded with Community Development Block Grants (CDBG) and include them in the Fiscal Year (FY) 2007-08 Annual Plan and Final Statement of Community Development Objectives and Projected Use of Funds.

Burbank submits an Annual Plan and applications for Federal funds, including CDBG, pursuant to regulations covering 24 Code of Federal Regulations Part 91, Consolidated Submissions for Community Planning and Development Programs. The Annual Plan and the Final Statement describe activities/projects planned to accomplish goals and objectives stated in the Consolidated Plan (FY 2003-08).

The Annual Plan and Final Statement of Community Development Objectives and Projected Use of Funds are scheduled for formal submission in May 2007. Capital project requests are accepted earlier for City approval to allow sufficient lead time to complete pre-development tasks such as project design, preparation of specifications and bid scheduling. This advanced implementation process permits projects to go forward immediately when Federal applications are approved by the United States Department of Housing and Urban Development (HUD); and further enables the City to spend CDBG funds in a timely manner to meet HUD expenditure requirements.

Burbank�s CDBG entitlement allocation for FY 2007-08 is estimated at $1.36 million based on the City�s entitlement, HUD reallocated funds and program income for 2006. The latest update from Congress indicates HUD�s fiscal 2007 budget will not be approved until mid-February, at the earliest.

When the Annual Plan and Final Statement are approved by the Council in April 2007, capital project approvals will be adjusted to coincide with the actual 2007 entitlement and any HUD reallocated funds. For now, however, CDBG capital project funds are estimated at $881,875. Likewise, program administration and public services funding will be adjusted in April and will be appropriated at the statutory limits of 20 percent and 15 percent, respectively.

FY 2007 CDBG FUND RESOURCES

FY 2007 CDBG FUNDS By CATEGORY

Capital project fund availability and a request for proposals were noticed to departments/agencies on September 27, 2006 and advertised October 4 and 7, 2006, with proposals accepted until October 27, 2006.  Four City departments/organizations submitted five projects totaling $1.463 million in requests, creating a gap of $581,125 compared with available funding.

The Community Development Goals Committee met on November 16, 2006, and the Executive Staff met on December 6, 2006 to make their capital project recommendations.

This year both Committees agree on the projects to be funded:

* Repair & Maintenance Items Are Not CDBG Eligible

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING CAPITAL PROJECT USES TO BE FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2007-08 AND AUTHORIZING THEIR INCLUSION IN THE ANNUAL PLAN AND FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USES OF FUNDS.

7.      Water and Power Operating Report:

WATER UPDATE

Water Quality

Water quality during December met or exceeded State and Federal drinking water standards.

Fiscal Year-To-Date 2006-07 Water Fund Financial results as of December 31, 2006:

Fiscal Year (FY) 2006-07 Water Fund Financial Reserve balances as of December 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 December 31, 2006 as compared to the same time period for FY 2005-06:

Financial and Operations Update

Fiscal Year-To-Date 2006-07 Electric Fund Financial results as of December 31, 2006:

FY 2006-07 Power Fund Financial Reserve balances as of December 31, 2006 are summarized in the following table:

Recommendation:

Note and file.

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

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