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.

AIR QUALITY STUDY SESSION:

At the Council meeting of January 16, 2007, the Council requested that a study session be scheduled regarding air quality issues in Burbank and the region. The Council requested that staff contact representatives of the South Coast Air Quality Management District (AQMD) to make a presentation and answer questions about air quality issues. Staff has arranged for Mr. Jean Ospital, Health Effects Officer for AQMD, to attend the study session. Mr. Ospital will give a brief presentation about prior and ongoing air quality studies, including air quality data and issues specific to Burbank. He will then be available to answer questions from the Council.

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:

RECOGNITION: BURBANK VIKINGS CHEER SQUAD.

PROCLAMATION: NATIONAL BOYS & GIRLS CLUB WEEK.

PROCLAMATION: COLON CANCER AWARENESS MONTH.

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).

6:30 P.M. PUBLIC HEARINGS:

1. SECONDHAND SMOKE CONTROL ORDINANCE:

On January 30, 2007, the Council directed staff to prepare a draft Ordinance that would control public exposure to secondhand smoke in Burbank by prohibiting smoking at certain locations. Secondhand smoke is a complex mixture of gases and particles that is emitted from the burning and use of tobacco products. Many of the substances in secondhand smoke have been identified as toxic air pollutants and carcinogens. Exposure to secondhand smoke causes adverse health effects in adults and children, including cancer. Secondhand smoke has been identified as a toxic air pollutant by the California Air Resources Board and a Group A carcinogen by the United States Environmental Protection Agency.

Studies of secondhand smoke have traditionally focused on the adverse health effects of smoke exposure in indoor spaces. The State of California addressed indoor secondhand smoke exposure through the workplace smoking law, which took effect in 1995. The law prohibits smoking in most indoor places of employment such as offices, restaurants, and stores, but does not address outdoor areas. More recently, several studies have focused on secondhand smoke in outdoor areas. The studies have found that secondhand smoke concentrations and the related health effects in outdoor areas can be comparable to those found in indoor areas under certain circumstances. A number of California cities and counties have adopted local ordinances that supplement the State workplace smoking law by prohibiting or limiting smoking in indoor and outdoor areas that are not addressed under the State law.

Based upon the previous direction from the Council, the proposed Ordinance would prohibit smoking in the following locations:

Indoor and outdoor areas at all City parks and other City facilities and public areas within 20 feet; except that smoking would be permitted at the DeBell Golf Course;
Pedestrian sidewalks, alleys, paseos, plazas and walkways in a defined area of Downtown Burbank and all outdoor areas within 20 feet;
The Chandler Bikeway and all public areas within 20 feet;
Outdoor dining areas, including at restaurants and bars and all outdoor areas within 20 feet;
Outdoor areas and lines where people wait for goods or services and all outdoor areas within 20 feet;
Public transit vehicles and pedestrian areas of transit stations and stops and all outdoor areas within 20 feet;
Outdoor areas where people are seated or gathered to witness or participate in a show, event, or competition and all areas within 20 feet;
Outdoor shopping areas such as Farmers Markets and swap meets, pedestrian areas of outdoor shopping malls, and all areas within 20 feet;
All elevators;
Within 20 feet of a door, operable window, or air intake to a building that is open to the public;
Any area that a business or property owner has identified as a non-smoking area; and,
Common areas of multiple-family residential development projects (staff is recommending that smoking not be prohibited in multi-family common areas; however, they have been included in the draft Ordinance based upon Council direction).

In certain cases, property or business owners would be able to identify designated smoking areas to allow smoking where it would otherwise be prohibited if certain criteria are met. The proposed Ordinance seeks to strike a balance between addressing the needs of smokers and protecting the public health by addressing the health risks to non-smokers of exposure to secondhand smoke.

The proposed Ordinance would require that �no smoking� signs be installed at certain locations where smoking is prohibited. Persons caught smoking in prohibited areas could be charged with a misdemeanor or an infraction. A business or property owner could also be prosecuted for knowingly allowing smoking on property under its control and not taking steps to stop it. The Burbank Police Department would be responsible for enforcing the proposed Ordinance. If adopted, the proposed Ordinance could result in substantial fiscal impacts to the City through direct costs, staff time, and resources related to implementation, public education and enforcement.

Input regarding the proposed Ordinance was solicited from many different groups including City boards, commissions, and committees; business groups; and, other community stakeholder groups. Postcard notices regarding the proposed Ordinance and the Council Public Hearing were mailed to every mail box in Burbank to ensure that residents and businesses were aware of the proposed Ordinance and the ability to provide input to the Council. The input received varied widely from total opposition to any type of smoking restrictions to full support for all of the proposed restrictions.

If the Council wishes to proceed with an ordinance to control secondhand smoke exposure in Burbank, staff recommends that the Council approve the proposed Ordinance that would prohibit smoking in certain indoor and outdoor locations throughout the City. Staff recommends that the provision included in the public review draft Ordinance to prohibit smoking in common areas of multi-family residential developments be removed and not adopted as part of the final Ordinance.

Recommendation:

Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE 7 OF CHAPTER 17 OF THE BURBANK MUNICIPAL CODE TO CONTROL EXPOSURE TO SECONDHAND SMOKE BY PROHIBITING SMOKING AT CERTAIN LOCATIONS.

2. PROJECT NO. 2005-87, PLANNED DEVELOPMENT AND DEVELOPMENT REVIEW, 3901 RIVERSIDE DRIVE, MIXED-USE PROJECT:

The applicant, Amitesh Damudar, is requesting a Planned Development and Development Review to permit construction of a three-story building consisting of 7,648 gross square feet (GSF) of street level retail space (4,620 GSF of restaurant space and 3,028 GSF of general retail space), two levels of residential units (eight-units), and two levels of subterranean parking providing a total of 63 parking spaces for the project including 12 tandem spaces. The applicant is requesting a Planned Development and a Development Review to approve the project with unique development standards.

The Planning Board heard the matter on November 13, 2006 and November 27, 2006 and has recommended the project for approval subject to the Conditions of Approval.

Recommendation:

1. Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A MITIGATED NEGATIVE DECLARATION FOR PLANNED DEVELOPMENT NO. 2005-87, A DEVELOPMENT AGREEMENT, AND Development Review (3901 Riverside Drive � Damudar Family Trust, Applicant).

2. Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING PLANNED DEVELOPMENT ZONE NO. 2005-87 AND APPROVING THE DEVELOPMENT AGREEMENT FOR PLANNED DEVELOPMENT NO. 2005-87 (3901 Riverside Drive � Damudar Family Trust, Applicant).

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.

The purpose of this report is to request Council authorization for the Fire Department to accept a $9,600 Hazardous Materials Emergency Planning (HMEP) Grant and amend the Fiscal Year (FY) 2006-07 Budget by appropriating the funds. Federal Hazardous Material Law authorizes the United States Department of Transportation (DOT) to provide assistance to public sector employees through training and planning grants. The primary purpose of the HMEP grant program is to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents.

The Fire Department is seeking HMEP funding to update the City�s Hazardous Materials Area Plan (Plan). The Plan was last updated in FY 2003-04, and the State of California Health and Safety Code Section 25503(d) mandates that local jurisdictions review, certify and update their Plan every three years. Updating the Plan ensures that the City remains in compliance with State requirements and incorporates changes that may have come about as a result of changing regulations or legislation.

This is a reimbursement grant which requires a twenty percent match on the part of the City. The total estimated cost to update the City�s Plan is $12,000, with the HMEP grant covering $9,600. The remaining $2,400 in projects costs will be absorbed from the Fire Department�s existing General Fund budget. There are no recurring expenses related to this project.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2006-2007 BUDGET FOR THE PURPOSE OF ACCEPTING AND APPROPRIATING THE HAZARDOUS MATERIALS EMERGENCY PLANNING (HMEP) GRANT PROGRAM FUNDS IN THE AMOUNT OF $9,600.00.

Staff is requesting Council approval of a revision to the specification and title for the classification of Environmental Coordinator (CTC No. 0327) to Environmental and Safety Manager (CTC No. 0327). Burbank Water and Power (BWP) is proposing to move the management of the utility safety programs to the Environmental Coordinator and amend the specification and title for the classification to reflect the additional duties. Currently, the Environmental Coordinator monitors all BWP facilities for compliance with environmental regulations, performs regulatory reporting, and reviews environmental rule making. The duties that BWP proposes to add include the implementation of safety practices, procedures and equipment approvals.

BWP believes the addition of these duties is appropriate because there is a strong nexus between environmental and safety oversight. Environmental and safety regulatory requirements are often interrelated, including in the areas of safe storage, handling, and disposal of chemicals; equipment emission and leakage control; and, management of lead, asbestos, mercury and other hazardous materials.

The classification will continue to be a Civil Service position, exempt from the Fair Labor Standards Act and included in the City�s Conflict of Interest Code. The Burbank Management Association (BMA) will continue to represent the classification, and BMA has been advised of the revision. The General Manager - BWP concurs with this recommendation. The salary for the classification will remain at its current range of $7,070 to $8,590.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE SPECIFICATION FOR THE CLASSIFICATION OF ENVIRONMENTAL COORDINATOR (CTC No. 0327) TO ENVIRONMENTAL AND SAFETY MANAGER (CTC No. 0327).

Staff is requesting Council approval of a revision to the specification and title for the classification of Manager Telecommunications (CTC No. 0532) to Manager Telecommunications and Facilities (CTC No. 0532). As part of a Burbank Water and Power (BWP) reorganization in 2001, the facility construction and maintenance functions were added to the Power Supply Division under the direction of the Assistant General Manager (AGM), Power Supply. Rather than create a new section within the Division to cover the additional duties, the AGM decided to add the facility construction and maintenance functions to the workload of the Telecommunications Section under the management of the Manager Telecommunications.

Prior to 2001, the primary duty of the Manager Telecommunications was to develop and coordinate BWP�s dark fiber and utility telecommunications activities. With the addition of the facility construction and maintenance functions, the position is now responsible for managing major construction projects and providing maintenance, repair, renovation, and custodial services for BWP�s facilities. BWP is proposing to revise the specification for the classification of Manager Telecommunications to reflect these additional duties.

The classification will continue to be a Civil Service position, subject to the Fair Labor Standards Act and included in the City�s Conflict of Interest Code. The Burbank Management Association (BMA) will continue to represent the classification, and BMA has been advised of the revision. The General Manager - BWP concurs with this recommendation. The salary for the classification will remain at its current range of $8,565 to $10,406.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVISING THE SPECIFICATION FOR THE CLASSIFICATION OF MANAGER TELECOMMUNICATIONS (CTC No. 0532) TO MANAGER TELECOMMUNICATIONS AND FACILITIES (CTC No. 0532).

The purpose of this resolution is to enter into an agreement with the State of California for the City to receive shared business tax information from the State Franchise Tax Board (SFTB). This information is made available through Assembly Bill 63, which was enacted in 2001, and will be used to complete Phase III of the Burbank Business Tax Amnesty Penalty Program which began in 2006. The shared information from the SFTB will cost the City $2,384 which is already budgeted for from the original $5,000 Council appropriated to conduct this amnesty program. To date, the Council�s $5,000 appropriation investment into the Business Tax Penalty Amnesty Program has generated business tax returns in excess of $131,000. Phase III of the amnesty program will utilize shared information from the SFTB to complete business tax surveys throughout the City and is estimated to provide up to $30,000 in additional recovered business tax revenues.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE STANDARD AGREEMENT BETWEEN THE STATE FRANCHISE TAX BOARD AND THE CITY AND AUTHORIZING THE CITY�S PARTICIPATION IN THE LOCAL GOVERNMENT SHARING PROGRAM.

Article 19 of Chapter 31 of the Burbank Municipal Code (BMC) prescribes procedures for City consideration of various types of planning applications including Development Review, Conditional Use Permits, Variances and other planning permits and entitlements. As currently structured, each type of planning application has its own processing requirements, including those pertaining to hearings, noticing and decision making. Aside from Article 19, other sections of Chapter 31 establish the processing requirements for other types of applications. Processing requirements for tract and parcel maps are specified in Chapter 27 of the BMC.

In the current BMC, many of the requirements for different application types are duplicative, which results in redundant information appearing in the BMC. In other cases, requirements that could be applied uniformly to all application types are instead applicable only to certain types of applications but not others. The proposed Ordinance seeks to standardize the application process for all types of planning applications. The Ordinance would establish five application processes. All planning applications would be processed pursuant to the provisions of one of the five processes. The general procedures in place now for individual application types would not change, but would be grouped into the process categories. The majority of changes included in the proposed Ordinance deal with the organization and language of the BMC, and would not result in any substantive changes to the process or other requirements.

In addition to improving the user friendliness of the Zoning Ordinance by removing redundancy and improving consistency, this Ordinance is being proposed by staff to simplify the process of adding new types of applications in the future. Further, the proposed use of standardized application processes is desired in conjunction with the use of a new project tracking software system that has been implemented for the Planning and Transportation Division. The system has greatly enhanced the Planning and Transportation Division�s ability to manage project cases and to track previously-approved cases for compliance. Placing projects into broader processing categories as proposed would improve the workload management and reporting capabilities of the system because of the manner in which projects are categorized and filed in the software system.

The Planning Board (Board) held a public hearing to consider the proposed Zone Text Amendment (ZTA) on September 25, 2006. The Board asked a number of questions about various aspects of the proposed Ordinance, and voted to recommend one addition to the Ordinance, to include a statement regarding the applicability of timelines specified under various State laws to all planning applications. All of the Board members stated their support for the proposed ZTA and the creation of the standardized permit processes as a means to simplify and clarify application processing requirements. The Board voted 5-0 to recommend approval to the Council of the ZTA, including all proposed changes to Chapters 31 and 27.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTIONS OF THE BURBANK MUNICIPAL CODE RELATING TO PLANNING APPLICATION PROCEDURES (CHAPTERS 27 AND 31).

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

The Council directed staff to draft a City of Glendale-style Abandoned Shopping Cart Ordinance (Ordinance). The Glendale Ordinance, which Burbank has modeled a draft Ordinance from, is based on amending the zone text of the Burbank Municipal Code to address the issue of abandoned shopping carts. The Council directed staff to present the issue of abandoned shopping carts to the Planning Board (Board) because the proposed Ordinance amends the zone text.

The Board deliberated on this matter on November 13, 2006, which resulted in a 4-0 vote in favor of the Council moving forward with the proposed Ordinance. The Board made two recommendations, neither of which affected the text of the proposed Ordinance. They desired the Council to consider providing a �ramp-up� period of time for businesses to prepare for the implementation of the Ordinance, in addition to concerns about senior citizens not having access to shopping carts to transport their purchases.

At the heart of Ordinance is a requirement stating that a threshold number of abandoned shopping carts must be exceeded before a business is required to install or enact a shopping cart containment system. Under the proposed Ordinance, a business would be considered in compliance with the Ordinance if the business� current shopping cart policies prevent fewer than five shopping carts abandoned within a 24-hour period. If fewer than five carts are removed and abandoned within a 24-hour period, the practices for that business, whether due to successful retrieval or successful containment system, will be considered effective.

The type of containment system installed by a business is not specified in the Ordinance. The only requirement is that the containment system must be approved by the City to qualify as satisfying the requirements of the Ordinance. A business is considered in compliance with the Ordinance if there is no record that their business has more than five shopping carts abandoned within a 24-hour period.

This ordinance was introduced at the March 20, 2007 Council meeting at which the Council directed that the cart loss threshold be established by resolution and be revisited within one year after the effective date.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING SECTION 31-1121 TO CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO SHOPPING CARTS.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE CART LOSS THRESHOLD FOR THE SHOPPING CART CONTAINMENT ORDINANCE.

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, MARCH 27, 2007
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, MARCH 27, 2007 5:30 P.M. CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

TUESDAY, MARCH 27, 2007
5:30 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE