COUNCIL AGENDA - CITY OF BURBANK

TUESDAY, MAY 8, 2007
4:00 P.M.
CITY COUNCIL CHAMBER � 275 EAST OLIVE AVENUE

 

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 � Anticipated Litigation (City as potential defendant):

Pursuant to Govt. Code �54956.9(b)(1)

Number of potential case(s): 1

 

b.      Conference with Labor Negotiator:

Pursuant to Govt. Code �54957.6

Name of the Agency Negotiator:  Management Services Director/Judie Sarquiz.

Name of Organization Representing Employee:  Burbank Police Officers Association.

Summary of Labor Issues to be Negotiated:  Contract and Retirement Issues.

 

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.

 

 

5:00 P.M.

 

 

STUDY SESSION - INITIAL OVERVIEW OF THE FISCAL YEAR 2007-08 BUDGET:

 

The purpose of this study session is to provide the Council with a preview of the City�s Fiscal Year (FY) 2007-08 Proposed Budget, primarily concentrating on the City�s General Fund.  During the last several months, staff has worked towards developing a proposed budget for the upcoming year.  A comprehensive, proposed budget document was provided to the Council prior to their annual Goal Setting Workshop.  All recommendations made by the City�s Executive Team have been incorporated into the budget study session materials.

 

This study session will begin the first of several, public budget study sessions scheduled in May that will lead up to the public hearing and adoption of the FY 2007-08 budget in June.

                                                                             

 

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:

 

 

COMMENDATION:              CIVILIAN COMMENDATIONS.

 

PROCLAMATION:               OLDER AMERICAN MONTH PROCLAMATION.

 

PROCLAMATION:                BUILDING SAFETY WEEK PROCLAMATION.

 

ANNOUNCEMENT:             BUILDING SAFETY POSTER CONTEST.

 

RECOGNITION:                    SUPERIOR BABES 3RD/4TH GRADE GIRLS BASKETBALL

                                               TEAM.

 

 

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 May 7, 2007.  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.

 

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�.

 

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 4)

 

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.      AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES GRANT:

 

Staff requests Council approval for the City Manager to execute a grant agreement and receive equipment and funding from the Amateur Athletic Foundation (AAF) of Los Angeles totaling $16,754.40.  The grant funding received from the AAF is for the purpose of assisting the Park, Recreation and Community Services (PRCS) Department with equipment and salary support for the Swim Team and Water Polo programs offered during the 2007 Summer Aquatics Season.

 

The AAF of Los Angeles is a California nonprofit public benefit corporation organized for the purpose of aiding and assisting through contributions and otherwise, amateur sports programs primarily for youth in the Southern California area.  More specifically, they are interested in this grant support furthering the aquatics experiences for the youth of the community of Burbank.

 

In 2006, the City of Burbank received the benefit of a grant of $17,009.89 from the AAF for the Summer Aquatic Season.  The grant funded equipment and staff salaries enabling the City to offer a Swim Team and a Water Polo program.  This year, grant funding of $16,754.40 will offset $5,886.85 of staff salaries for Swim Team and Water Polo team coaches and $10,867.55 for additional equipment.

 

By securing the additional funding for equipment and salary dollars, staff anticipates enhanced interest by the middle school and high school youth in the community and growth in the water polo and swim teams offered for the community youth by the PRCS Department during the 2007 Summer Aquatics Season. The grant funds will be appropriated during the Fiscal Year 2007-08 budget process.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING EXECUTION OF  A GRANT AGREEMENT  WITH THE AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES AND ACCEPTING GRANT FUNDS FOR THE SWIM TEAM AND WATER POLO PROGRAMS.

 

 

3.      APPROVING CONTRACT DOCUMENTS AND AWARDING A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1232 � TRAFFIC SIGNAL AND SIGNING/STRIPING PROJECT:

 

Staff is requesting Council approval of contract documents and the award of a construction contract for Bid Schedule No. (BS) 1232 � Traffic Signal and Signing/Striping Project. Included in this project is the modification of the traffic signal on Victory Boulevard at Verdugo Avenue and Main Street.  All poles, pedestals and control equipment will be replaced to improve the efficiency of the vehicle and pedestrian movements at this unusual intersection.  The project also includes the modification of pedestrian access ramps, pedestrian walkways and the addition of pedestrian walk-don�t walk signal indications to improve safety of pedestrians crossing the roadways.

 

In addition, the installation of a traffic signal at the intersection of Third Street and Verdugo Avenue will improve the safety and efficiency at the intersection, as well as reduce travel time between Glenoaks Boulevard and Interstate 5.  Also included in the project is a Class II Bike Lane along Verdugo Avenue, from Front Street to Glenoaks Boulevard which will consist of signing, striping, vehicle loop detection and bicycle loop detection.  This bike route is part of the City�s Bikeway Master Plan. 

 

BS No. 1232 was advertised on March 3 and 7, 2007.  A bid opening was conducted on March 27, 2007. Eight contractors submitted bids ranging from $514,900 to $867,950. KDC Inc., dba Dynalectric (Dynalectric) of Los Alamitos, California, submitted the lowest bid of $514,900 which is 22 percent above the engineer�s estimate of $400,000. The increase in cost is due to the continuous increase in the cost of materials and labor over the last several years. 

 

Due to budgeting constraints, Public Works staff, with the consent of the Purchasing Manager negotiated with Dynalectric to eliminate four bid items, which were components of the traffic signal interconnect to reduce the construction cost of the project from $514,900 to $438,725.  In addition to the elimination of the four bid items, the contractor agreed to maintain the prices of the remaining bid items.

 

Dynalectric was found to be qualified for this project with all required licenses and experience.  Construction of this project is planned to occur between June and September 2007.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR TRAFFIC SIGNAL AND SIGNING/STRIPING PROJECT, BID SCHEDULE  NO. 1232 TO KDC INC., dba DYNALECTRIC.

 

 

4.      APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BURBANK AND CITY OF GLENDALE FOR JOINT LAW ENFORCEMENT AIR SUPPORT UNIT:

 

Staff is requesting the Council adopt a resolution authorizing the Burbank Police Chief to enter into an agreement with the City of Glendale to create a joint law enforcement air support unit.  The Burbank and Glendale Police Departments have been involved in police air support operations for almost 30 years.  Since the early 1990�s, both departments have operated independent units at a common facility located at the Bob Hope Airport.  Although the units have officially been separate, each unit has provided services to the other city under a Joint Effort Agreement.

 

In August of 2006, the cities of Burbank and Glendale hired Matrix Consulting Group to examine the operations of the two air support units to assess the feasibility of joining the two units to achieve cost savings while maintaining effective air support services for both cities.  The Matrix study concluded that it would be more efficient if the two departments form a joint unit by entering into an operational agreement.  The consolidated unit would be able to provide services to both cities with fewer personnel, a smaller number of helicopters and an overall reduction in the number of hours flown.

 

Following the recommendations by Matrix, the project team drafted a Memorandum of Understanding which is being presented to both Burbank and Glendale City Councils, as a formal agreement between the two departments to consolidate the air support units.  The departments would like to merge the two units, to incorporate joint ownership of all helicopters and equipment, and to consolidate operations.  Both cities will realize cost savings by consolidating and will at the same time maintain efficient service to the communities.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE CITY OF BURBANK APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BURBANK AND CITY OF GLENDALE FOR JOINT LAW ENFORCEMENT AIR SUPPORT UNIT. 

 

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

 

 

REPORTS TO COUNCIL:

 

5.      APPROVAL OF AN ART IN PUBLIC PLACES PROJECT AT OVROM PARK:

 

The purpose of this report is to request Council approval of the Art in Public Places project at Ovrom Park.

 

The Site Specific Art Selection (SSAS) Committee was formed in July 2004 for the purpose of selecting an Art in Public Places project for Ovrom Park.  An art consultant was hired to facilitate the search for an artist.  A request for qualifications was distributed and eighty-eight submittals were received.  The Committee selected and interviewed six finalists.  Cliff Garten was selected for the project.  Staff entered into an initial design agreement with Mr. Garten.  In January 2005, Mr. Garten requested that a portion of the landscaping budget designated for the corner of Cedar Avenue and South San Fernando Boulevard be included in the art project budget.  It was his desire to design a formal and functional park entrance.  The SSAS Committee recommended that his proposal be presented to the Oversight Committee.   The Oversight Committee composed of two Council members and Department Executives approved the expansion of the proposal�s footprint and on June 13, 2005, a new design agreement for $18,000 (10 percent of the project�s balance) was executed. The total art budget was increased to $180,000.

 

Mr. Garten�s design will feature a grove of trees, a transparent wall of four stainless steel screens, benches and park signage.  The installation provides a functional space for the park patrons, a quiet zone where people can meet and talk and be well lit and safe. The area will use the lighting to make a sculptural statement, further defining a unique look at night for both pedestrians and vehicle traffic.  The shade from the extensive tree canopies will provide an area which will be cool during the warm summer months.  The artist has worked closely with the architect to insure that the landscaping elements are well integrated with the park infrastructure. 

 

The proposed art project received unanimous support from the SSAS Committee, and was approved by the Art in Public Places Committee.  The $180,000 has been set aside for this installation in the project�s budget.

  

Recommendation:

 

Staff and the Site Specific Art Selection Committee recommend that the Council approve the proposed Art in Public Places project.

 

 

6.      ORDINANCE AMENDING CHAPTER 25 (SEWERS) OF THE BURBANK MUNICIPAL CODE:

 

Staff is requesting Council approval of an ordinance amending Chapter 25, Sewers, of the Burbank Municipal Code (BMC) to comply with the United States Environmental Protection Agency (USEPA) regulations.

 

The proposed ordinance incorporates into the BMC, Chapter 25, Article 5, new language that complies with USEPA regulations.  This article provides the City authority to regulate industrial discharges within the City.  The Pretreatment Streamlining Rule (PSR) includes changes to certain program requirements to be consistent with National Pollutant Discharge Elimination System requirements for direct dischargers to surface waters.  The proposed Article 5 of Chapter 25 of the BMC is in full compliance with the Code of Federal Regulations. 

 

Changes in the BMC related to the PSR are contained in Section 25-504.2 � Control Mechanism Contents.  The changes made in this section allow the Control Authority to modify the individual Industrial User�s discharge permit with conditional requirements as set forth in the Federal Regulations.

 

In addition, a few wording changes in Chapter 25 are proposed, which clarify and update the BMC language.

 

Recommendation:

 

Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING VARIOUS SECTIONS OF CHAPTER 25 OF THE BURBANK MUNICIPAL CODE RELATING TO WASTEWATER DISCHARGES TO PUBLICLY OWNED TREATMENT WORKS (POTWS)  AND REQUIREMENTS UNDER THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY�S PRETREATMENT STREAMLINING RULE (40 CFR 403).

 

 

7.      BURBANK WATER AND POWER WATER AND ELECTRIC MONTHLY OPERATIONS REPORT:

 

Staff has prepared the BWP Water and Electric Monthly Report regarding water quality and power issues for May 2007.

 

WATER UPDATE

 

Water Quality

 

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

 

Financial and Operations Update

 

Fiscal Year-To-Date 2006-07 Water Fund Financial results as of March 31, 2007:

 

 

Fiscal Year 2006-07 Water Fund Financial Reserve balances as of March 31, 2007    are summarized in the following table:

 

    

 

ELECTRIC UPDATE

 

Electric Reliability

 

The following table shows the system-wide reliability statistics for Fiscal Year 2006-07 through March 31, 2007 as compared to the same time period for Fiscal Year 2005-06:

 

Reliability Measure

 

Fiscal Year 2005-06

Fiscal Year 2006-07

(through Feb. 28, 2007)

Average Outages Per Year

0.3118

  0.2544

Average Outage Duration

67.78 minutes

  80.75 minutes

Average Service Availability

99.9946%

  99.9948%

 

Financial and Operations Update

 

Fiscal Year-To-Date 2006-07 Electric Fund Financial results as of March 31, 2007:

 

 

Fiscal Year 2006-07 Power Fund Financial Reserve balances as of March 31, 2007 are summarized in the following table:

 

 

 

Recommendation:

 

Note and file.

 

 

8.      FISCALYEAR 2007-08 BUDGET STUDY SESSION:

 

Staff has prepared a schedule for the Fiscal Year (FY) 2007-08 Department Budget Study Sessions to be held on Tuesday nights.  This integration of the Study Sessions into the regular Council meetings has been accomplished by scheduling the sessions over the course of three Council meetings.  The Department Budget Study Sessions are scheduled on May 8, May 15 and May 22, 2007.  During these sessions, each department will have an opportunity to fully disclose the details of proposed changes related to their respective department contained in the FY 2007-08 Proposed Budget.

 

Following is the Budget Study Session schedule:

 

BUDGET STUDY SESSION SCHEDULE

May 8, 2007

May 15, 2007

May 22, 2007

Introduction

City Council Office

Library Services Department

City Attorney�s Office

City Manager�s Office

Management Services Department

City Treasurer�s Office

Information Technology Department

Burbank Water and Power

City Clerk�s Office

Financial Services Department

Overflow Items

Police Department

Public Works Department

Final Decision Making

Park, Recreation & Community Services

Fire Department

 

Community Development Department

 

 

 

 

FINAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:  (Two minutes on any matter concerning the business of the City.)

 

This is the time for the Final Open Public Comment Period of Oral Communications.  Each speaker will be allowed a maximum of TWO minutes and may speak on any matter concerning the business of the City.  However, any speaker that spoke during the Initial Open Public Comment Period of Oral Communications may not speak during the Final Open Public Comment Period of Oral Communications.

 

For this segment, a GREEN card must be completed, indicating the matter to be discussed, and presented to the City Clerk.

 

COUNCIL AND STAFF RESPONSE TO THE FINAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

 

 

ADJOURNMENT to Tuesday, May 15, 2007 at 5:00 p.m. in the Council Chamber, 275 East Olive Avenue, for a Budget Study Session.

 

For a copy of the agenda and related staff reports,

please visit the

City of Burbank�s Web Site:

www.ci.burbank.ca.us

 

 

 

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