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.      ANNUAL REVIEW OF PLANNED DEVELOPMENT AGREEMENTS:

This report is an annual review (review) of each Development Agreement (DA) and Planned Development (PD) entered into pursuant to the PD provisions of the Burbank Municipal Code (BMC).  Section 31-19129 of the BMC requires the Community Development Director to submit to the Council a review of PDs and the DAs associated with them.  The review of the PDs and the DAs for those PDs is intended to ensure that the developers are complying with the schedule and conditions of approval that are part of the DAs.  Through this review process, the City can ensure that the conditions of each active PD are being met and where they are not being met, work to ensure compliance.  The current report finds all active PDs to be in compliance.  Since the inception of the PD process, there have been 110 PD applications; there are currently 18 active PDs that are not yet completed or have been amended.  The report summarizes the status of all PD applications and details the status of those PDs that are active. 

Recommendation:

Staff recommends Council direction to continue working on amending the Municipal Code relating to PDs and to improve the use and administration of the PD process in order to eliminate the Zone Reversion Clause and ensure that PDs will not be left without an underlying zone alternative in the event that they are not built.  In addition, staff recommends Council direction to work with developers on a project by project basis to craft PD approvals and DAs in a way that will ensure that important conditions and development requirements associated with a PD will be in place for as long as the PD Zone is on the property.

3.      APPROVING THE CALIFORNIA COUNTER DRUG PROCUREMENT PROGRAM AGREEMENT BETWEEN THE CITY OF BURBANK AND THE STATE OF CALIFORNIA:

Staff is requesting Council approval of the revised terms and provisions of the California Counter Drug Procurement Program (CCDPP) agreement for the purpose of acquiring Federal surplus property.  The revised terms eliminate specific names and allow the City to change representatives at any time during the length of the agreement.

The National Defense Authorization Act authorizes the Secretary of Defense to transfer excess Department of Defense (DOD) personal property to Federal, State, and Local Law Enforcement Agencies with special emphasis given to Counter-Drug and Counter-Terrorism Programs.  The 1033 Program formally known as the 1208 Program, allows Law Enforcement Agencies to receive DOD excess property.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE CALIFORNIA COUNTER DRUG PROCUREMENT PROGRAM AGREEMENT BETWEEN THE CITY OF BURBANK AND THE STATE OF CALIFORNIA.

4.      BURANK WATER AND POWER WATER AND ELECTRIC MONTHLY OPERATIONS REPORT:

Staff has prepared the Burbank Water and Power (BWP) Water and Electric Monthly Report regarding water quality and power issues for June 2007.

WATER UPDATE

Water Quality

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

Financial and Operations Update

Fiscal Year (FY)-To-Date 2006-07 Water Fund Financial results as of April 30, 2007:

 
FY 2006-07 Water Fund Financial Reserve balances as of April 30, 2007 are summarized in the following table:

ELECTRIC UPDATE

Electric Reliability

The following table shows the system-wide reliability statistics for FY 2006-07 through April 30, 2007, as compared to the same time period for FY 2005-06:

Financial and Operations Update

FY-To-Date 2006-07 Electric Fund Financial results as of April 30, 2007:

FY 2006-07 Power Fund Financial Reserve balances as of April 30, 2007 are summarized in the following table:

Recommendation:

Note and file.

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

REPORTS TO COUNCIL:

5.      FIRST STEP REPORT ON POSSIBLE INTERIM DEVELOPMENT CONTROL ORDINANCE IN THE RANCHO AREA:

At the Council meeting of May 15, 2007, a Council Member requested that staff return with a first step report through the two-step process to discuss the possibility of adopting an Interim Development Control Ordinance (IDCO) for commercial development in the Rancho area. The purpose of the IDCO would be to prevent City approval of development projects that may be in conflict with the original intent of the Rancho Master Plan and the Rancho Zones.

In February and March 2007, the Council considered and denied an appeal of the Planning Board�s (Board) decision to deny a proposed Whole Foods Market at the corner of Alameda Avenue and Main Street in the Rancho Commercial Zone.  During the deliberations, some Board and Council members expressed concern that allowing grocery markets as a permitted use in the Rancho area may not be consistent with the original intent of the Rancho Master Plan.  The Board and Council both requested that staff return to the Council for further discussion on the intent of the Rancho Master Plan regarding the permissibility of certain land uses.  Staff is scheduled to provide the Council with a report on this matter on June 26, 2007.  The report will provide background information regarding the Rancho Zoning and subsequent changes to the list of permitted uses to allow grocery markets and seek direction from the Council about whether to proceed with a Zone Text Amendment to change the use list in the Zoning Ordinance.

An IDCO is a special type of Zoning Ordinance that allows the City to bypass the usual Zone Text Amendment process for the purpose of immediately prohibiting the establishment of uses that may conflict with a contemplated General Plan or Zoning Ordinance Amendment.  An IDCO must be approved by a four-fifths vote of the Council and can initially be adopted for no longer than 45 days, after which time it may be extended for up to a total period of 24 months.  To adopt an IDCO, the Council must find that a current and immediate threat exists to the public health, safety or welfare.

An IDCO is typically used to restrict or prohibit certain uses Citywide or within certain zones.  An IDCO may be used to completely stop all development, stop only certain types of uses or create interim standards that serve as interim use or development regulations.  An IDCO that completely stops all development or certain types of development is often referred to as a moratorium.  As an alternative to a moratorium, an IDCO could require projects to go through the Conditional Use Permit process or some other discretionary permit process.  An IDCO may be adopted at any time and may be applied to projects at any point in the planning application process.

There are currently no Development Review applications in process in any Rancho Commercial Zone.  Staff therefore does not believe that an IDCO is necessary at this time.  If an application is received for any project that could be viewed as inconsistent with the intent of the Rancho Master Plan and Zoning, the Council could elect to adopt an IDCO at that time.  Whether or not the Council decides to adopt an IDCO, staff will seek direction from the Council on June 26, 2007 as to whether the Council wishes to proceed with a Zone Text Amendment to amend the Zoning Ordinance and change the list of uses permitted in the Rancho Zones. 

Recommendation:

Staff recommends that the Council note and file this report and not pursue an IDCO at this time.  Staff will return on June 26, 2007 to seek Council direction regarding a Zone Text Amendment for the Rancho Area.

If the Council wishes to proceed with consideration of an IDCO at this time, the Council should direct staff to return with the second step report in the two-step agenda process.  That report would be provided in conjunction with the Zone Text Amendment discussion scheduled for June 26, 2007.

6.      APPROVAL OF EXTERIOR FACILITY SIGNAGE FOR THE BURBANK CENTER STAGE, HOME OF THE COLONY THEATRE COMPANY AND AUTHORIZATION TO AMEND THE FISCAL YEAR 2006-07 BUDGET:

Staff requests Council approval to install signage on the exterior of the Burbank Center Stage, Home of the Colony Theatre Company, located at 555 North Third Street and authorization to fund the project from the City�s General Fund by amending the Fiscal Year (FY) 2006-07 Budget.

At the meeting of November 21, 2006, the Council approved a five-year sublease agreement and a theater operating agreement between the City and the Colony Theatre Company.  At this meeting, the Council requested staff to investigate signage options for Council consideration.  Staff is returning with three basic options from which the Council may select all or any combination of the options or redirect staff to explore other options.

In addressing signage needs, staff and Colony Theater Management believe that the most critical component is basic professional facility identification. Effective building identification, as proposed in the options presented will have the greatest positive impact for current and potential patrons. Production promotion was identified as a secondary priority. The facility currently has three display cases on Third Street, and two located at the main garage entrance which promote current and upcoming productions.  It was through collaboration that staff and the Colony Theatre developed three signage options for the Council�s consideration.  All options reflect a consistent identification of the facility reading Burbank Center Stage � Home of the Colony Theatre Company. This identification is also consistent with facility identification as called for in the original sublease and operating agreement.

Option I

This option provides for brushed aluminum applications on exterior walls located on Third Street, Cypress Avenue and the main theater entrance located in the Macy�s/Mervyns parking structure.  The total projected cost for Option I at all three suggested locations is $44,166.  This option is believed to have the most significant impact for facility identification at a reasonable cost. The attractive brushed aluminum lettering identifying the building will offer patrons, as well as the general public, clear and attractive building identification. Additionally, it is believed that the signage identification proposed for the parking structure will greatly assist patrons in locating the main entrance to the theater, as well as market the presence of the theater to mall visitors. 

Option II            

This option provides for a double sided projection sign with tall reverse Light-Emitting Diode (LED) illuminated letters reading Colony with additional lettering on the bottom of the projection sign reading Theatre Company.  This projection sign is being recommended for placement above the Third Street entrance and readable from either side of the sign.  The total projected cost for Option II is $27,062.  This option provides for aesthetic visual impact for both the building as well as the Colony Theater Company. Its classic theater design, along with LED lighting components will provide for both energy conservation and sense of place for the theater. The system will allow for easy modification should the operation of the Burbank Center Stage change operators in the future.   

Option III           

This option provides for a marquee-style electronic message center with additional aluminum letters mounted on top of each electronic display unit reading Burbank Center Stage.  Total projected cost for Option III $77,416.   This option is the most visually dynamic and costly of the options presented.  The proposed LED display units would offer the opportunity to display fixed production information on the two displays units and would also give the perception of a classic theater marquee.

The Colony Theatre Company�s management and staff have identified Option I and Option II as priorities for Council consideration and believe these two options provide for significant visual exposure and facility identification at the most reasonable cost.  Although Option III would provide a unique identification enhancement, it is believed that the visual exposure would be limited due to the grove of palm trees located on the corner of Third Street and Cypress Avenue.  Vehicle traffic will only have limited visual exposure.  Additionally, the cost of Option III exceeds the combined cost of Options I and II.

Staff is recommending that the General Fund unappropriated fund balance be used to pay for the up-front costs of purchasing and installing the signage.  Staff is proposing that 50 percent of the monthly rent payments, $2,250 per quarter, be designated towards recouping the cost of the signage and its installation.

Recommendation:

1.  Staff, along with the Colony Theatre Company�s management, recommend that the Council select exterior facility and signage Options I and II for the Burbank Center Stage.

2.   Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2006 - 2007 BUDGET AND APPROPRIATING FUNDS IN THE AMOUNT OF $71,228 FOR THE PURCHASE AND INSTALLATION OF SIGNAGE FOR THE BURBANK CENTER STAGE AND COLONY THEATRE COMPANY.

7.      INCREASING BURBANK�S RENEWABLE PORTFOLIO STANDARD TO 33 PERCENT BY 2020:

Burbank Water and Power (BWP) staff and the BWP Board recommend increasing the City�s Renewable Portfolio Standard (RPS) from 20 percent by 2017 to 33 percent by 2020. This policy change is driven by a number of factors.

Currently, the State�s RPS for Investor Owned Utilities (IOUs) is 20 percent by 2010. This goal is not expected to be achieved by any of the IOUs.  However, there is pressure from the Legislature to include Publicly Owned Utilities in this 20 percent by 2010 mandate.

BWP can achieve an even higher RPS if we allow resource planners the time to develop projects that result in reliable, affordable and environmentally responsible projects.  In the City�s 2005 Integrated Resources Plan (IRP), BWP will achieve 25 percent RPS by 2013, five percent above the target and five years ahead of schedule.

The resolution to increase Burbank�s RPS to 33 percent by 2020 will:

1. Put the City in a leadership position on renewables and maintain the authority over rates;

2. Affirm BWP�s commitment to conservation, energy efficiency and renewable       resources to fulfill unmet power supply needs;

3. Ensure that resource planning will drive reliable, affordable and environmentally responsible projects; and,

4.  Recognize the need for transmission and exchanges to encourage renewables.

Recommendation:

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A REVISION TO THE CITY�S RENEWABLE PORTFOLIO STANDARD TO ESTABLISH A COMMITMENT THAT 33% OF ELECTRIC GENERATION SERVING RETAIL LOAD WILL BE SUPPLIED BY ELIGIBLE RENEWABLE RESOURCES BY THE YEAR 2020.

8.      ORDINANCE AMENDING THE COMPOSITION OF THE POLICE COMMISSION:

At the May 22, 2007 Council Meeting, the Council increased the number of members serving on the Police Commission from five to seven which increase would be allowed under the recent Charter changes.  This Ordinance amends Section 2-413 of the Burbank Municipal Code changing the composition of the Police Commission from five to seven members.

Recommendation:

Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION 2-413 OF THE BURBANK MUNICIPAL CODE RELATING TO THE COMPOSITION OF THE POLICE COMMISSION.

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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