COUNCIL AGENDA - CITY OF BURBANK TUESDAY, NOVEMBER 2, 2010   4:00 P.M. CITY COUNCIL CHAMBER - 275 EAST OLIVE AVENUE

a.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a)   Name of Case:  Christopher Lee Dunn v. Burbank Police Department, et al.   Case No.:  BC417928 "Dunn 1"   Brief description and nature of case:  Alleged wrongful termination due to discrimination.

b.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a)   Name of Case:  Christopher Lee Dunn v. City of Burbank, et al.   Case No.:  BC418792 "Dunn 2"   Brief description and nature of case:  Defamation and wrongful release of personnel information.

c.

Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a)   Name of Case:  Omar Rodriguez et al. v. Burbank Police Department, et al.   Case No.:  BC 414602   Brief description and nature of case:  Employment discrimination, infliction of emotional distress, and other related causes of action.

d.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a) Name of Case:  William Taylor v. City of Burbank, et al.   Case No.:  BC 422252   Brief description and nature of case:  Employment discrimination.

e.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a) Name of Case:  Angelo Dahlia vs. City of Burbank, et al.   Case No.:  CV09-8453 RSWL (JEMx) - 9th Circuit   Brief description and nature of case:  Civil rights.

f.	Conference with Legal Counsel - Existing Litigation:             Pursuant to Govt. Code §54956.9(a) Name of Case:  Angelo Dahlia vs. City of Burbank, et al.    Case No.:  EC053483 - Superior Court             Brief description and nature of case:  Civil rights.

g.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a) Name of Case:  Fernando Munoz vs. City of Burbank, et al.   Case No.:  EC051171   Brief description and nature of case:  Alleged violation of the Public Safety Officers Procedural Bill of Rights Act.

h.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a) Name of Case:  Nick Nichols vs. City of Burbank, et al.   Case No.:  EC052727   Brief description and nature of case:  Police Officers Bill of Rights violation.

i.	Conference with Legal Counsel - Existing Litigation:   Pursuant to Govt. Code §54956.9(a) Name of Case:  Preston Smith vs. City of Burbank, et al.   Case No.:  BC446016   Brief description and nature of case:  Civil Rights.

j.	Conference with Legal Counsel - Anticipated Litigation (City as potential defendant): Pursuant to Govt. Code §54956.9(b)(1) Number of potential case(s): 9

k.	Conference with Legal Counsel - Anticipated Litigation (City as potential plaintiff): Pursuant to Govt. Code §54956.9(c) Number of potential case(s): 1

l.	Public Employee Performance Evaluation: Pursuant to Govt. Code §54957 and 54957.6 Title of Employee’s Position:  City Attorney.

Study Session Staff Report

 

Study Session Attachment

 

1.

BURBANK WATER AND POWER WATER AND ELECTRIC MONTHLY OPERATIONS REPORT:  September water quality and system reliability were as planned and within standards.  The Burbank Operable Unit (BOU) operated at approximately 90 percent of capacity in September (budget 75 percent). The BOU’s September availability was 96 percent (budget 90 percent).  The BOU supplied approximately 61 percent of Burbank’s water in September (budget 46 percent). The Water Fund’s September estimated fiscal year-to-date financial results are slightly better than budget primarily as a result of lower than planned Water Cost Adjustment Charge and operating expenses.  The Electric Fund’s September estimated fiscal year-to-date financial results are slightly under budget primarily as a result of lower than planned revenues associated with lower than planned demand due to cool temperatures.  During September, there was one power outage caused by an equipment problem; 475 customers were without power for five minutes.  Despite the outage, overall system reliability remains very high. Recommendation:  Note and file. Noted and filed.

Item No. 1 Staff Report

 

Item No. 1 Attachments

 

2.

APPROVAL OF A MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND COST SHARING TO UNDERTAKE SCIENTIFIC STUDIES TO DEVELOP SITE SPECIFIC OBJECTIVES FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD:  Staff recommends that the City enter into a Memorandum of Agreement with the Gateway Cities Council of Governments as the fiduciary agent to secure services to conduct scientific studies to develop site-specific objectives for the Los Angeles River and Tributaries Metals Total Maximum Daily Load (TMDL).  As a discharger of storm water into the Los Angeles River, the City can benefit from scientific studies to develop site-specific objectives to determine whether the current TMDL allocation limits are too stringent.  If the limits are proven to be too stringent and are revised accordingly, the City would likely have lower compliance costs.  The costs associated with the scientific studies will be proportionately shared among the participating responsible agencies based on geographical contribution to the watershed.  Burbank’s estimated total cost is $59,709.10, which will be incurred over a three-year period. Recommendation:  RESOLUTION NO. 28,227: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) AND THE CITY OF BURBANK TO CONDUCT SCIENTIFIC STUDIES REGARDING THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD (TMDL). 5-0

Item No. 2 Staff Report

 

Item No. 2 Agreement

 

Item No. 2 Resolution

 

3.

AUTHORIZING THE EXECUTION OF A PROGRAM SUPPLEMENT AGREEMENT NO. H54 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE FUNDING OF CONSTRUCTION OF A SAFE ROUTES TO SCHOOL PROJECT, CYCLE NO. 8, SR2SL-5200(036):  In March 2009, staff applied for a Safe Routes to School Grant - Cycle No. 8 from the State of California (Caltrans) to obtain State funds for a project to enhance student travel infrastructure.  The project includes the installation of pedestrian countdown signal heads, bicycle detection, and marked bicycle lanes on Alameda Avenue between Glenoaks Boulevard and Rose Street.  Caltrans will reimburse 90 percent of the project costs.  To secure the available funds and receive reimbursement for this project, the City must execute a Program Supplement Agreement.  The Safe Routes to School program will foster and advance Council’s goals of transportation safety and sustainability.  The project does not impact parking on Alameda Avenue. Recommendation:  RESOLUTION NO. 28,228: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF A PROGRAM SUPPLEMENT AGREEMENT No. H54 BETWEEN THE CITY OF BURBANK AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE PURPOSE OF FUNDING OF CONSTRUCTION OF THE SAFE ROUTES TO SCHOOL PROJECT, CYCLE NO. 8, SR2SL-5200(36). 5-0

Item No. 3 Staff Report

 

Item No. 3 Agreement

 

Item No. 3 Resolution

 

4.

APPROVAL TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF RENEWABLE ENERGY FROM ENVIROMISSION (USA), INC.’S LA PAZ SOLAR TOWER PROJECT THROUGH A POWER SALES AGREEMENT WITH THE SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY:  Staff requests Council authorization for the General Manager of Burbank Water and Power to execute an agreement for the purpose of obtaining renewable energy from the proposed La Paz Solar Tower Project.  This facility, being built in Arizona by EnviroMission (USA), Inc., will produce renewable energy using solar convection technology which captures energy from the airflow produced in a tower due to the temperature differential between the base and top. Recommendation:  ORDINANCE INTRODUCED: Introduction of proposed ordinance entitled AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE POWER SALES AGREEMENT BY THE CITY WITH THE SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY FOR THE LA PAZ SOLAR TOWER PROJECT.  Introduced 5-0

Item No. 4 Staff Report

 

Item No. 4 Agreement

 

Item No. 4 Ordinance

 

5.

UPDATE ON THE IMPLEMENTATION OF THE FIRE DEPARTMENT COMPREHENSIVE OPERATIONAL REVIEW RECOMMENDATIONS:  The purpose of this report is to provide the Council with an update of the Burbank Fire Department’s (BFD) implementation of recommendations made by Emergency Services Consulting, Inc. as part of the Department’s comprehensive operational review completed in March 2010.  The audit reinforced the fact that BFD is consistently delivering a high-caliber level of service to the community and identified several recommendations.  Since the completion of the operational review, BFD has presented two status updates to the Council detailing the implementation of these recommendations.  This report will serve as the third and final update to the Council.  Of the 64 recommendations made, 58 have been addressed and/or completed and six are on hold due to budgetary implications.  The recommendations which have been identified as either a Fiscal Year (FY) 2010-11 Work Program item and/or a Five-Year Strategic Plan action item have been marked as complete and moved into those appropriate documents for tracking and implementation.  In total, 19 recommendations have been identified as Five-Year Strategic Plan action items and seven recommendations have been identified as FY 2010-11 Work Program items. Recommendation:  Note and file. Noted and filed.

Item No. 5 Staff Report

 

6.

APPROVING AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION LAND AND WATER CONSERVATION FUND GRANT PROGRAM:  The purpose of this report is to request Council authorization to file a grant application with the State of California Department of Parks and Recreation (SCDPR) Land Water Conservation Fund competitive grant program to receive grant funding for the development of an overnight youth campground facility located in Stough Canyon Park.  The total cost for phase one of the project is $904,600.  Staff will request up to $450,000 through this grant program.  There is no immediate fiscal impact with submitting the grant application to the SCDPR; however, if the City is successful in receiving this grant, a local match of fifty percent will be required. Recommendation:  RESOLUTION NO. 28,229: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE APPLICATION FOR THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION LAND AND WATER CONSERVATION FUND COMPETITIVE GRANT PROGRAM FOR THE YOUTH CAMPGROUND IN STOUGH CANYON PARK. 3-2 Golonski and Dr. Gordon no

Item No. 6 Staff Report

 

Item No. 6 Resolution

 

7.

APPROVAL TO EXECUTE AN AMENDMENT TO THE FIXED FEE GUARANTEED MAXIMUM PRICE AGREEMENT BETWEEN THE CITY AND KPRS CONSTRUCTION SERVICES, INC.:  Staff requests that the Council authorize the General Manager of Burbank Water and Power (BWP) to execute a First Amendment to the Fixed Fee Guaranteed Maximum Price Agreement with KPRS Construction Services, Inc., to perform additional campus improvement at BWP and green street improvements.  KPRS is a solid general contractor (cost, schedule and quality of work) to do the approved budgeted campus improvements which include many sustainability features. Recommendation:  RESOLUTION NO. 28,230: A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE FIRST AMENDMENT TO THE FIXED FEE GUARANTEED MAXIMUM PRICE CONSTRUCTION (GMP) AGREEMENT FOR THE REPLACEMENT SERVICE CENTER/WAREHOUSE (BID SCHEDULE 1256) BETWEEN THE CITY OF BURBANK AND KPRS CONSTRUCTION SERVICES, INC. 5-0

Item No. 7 Staff Report

 

Item No. 7 Agreement

 

Item No. 7 Resolution

 

8.

BALLOT MEASURE SEEKING VOTER APPROVAL TO MODERNIZE THE EXISTING UTILITY USERS TAX ORDINANCE:  During the Fiscal Year (FY) 2010-11 budget study sessions, staff presented to the Council a long-range revenue plan as part of a strategy to achieve the Council’s FY 2010-11 Goal #2 - Financial Stability and Budget Efficiency.  At that time, the Council directed staff to bring back a proposed modernized Utility Users Tax (UUT) ordinance.  The purpose of this report is to request Council approval of an ordinance placing a measure on the April 12, 2011 ballot seeking voter approval to modernize the existing UUT ordinance as related to telecommunications.  This action is necessary due to changes in technology, and Federal regulations and legislative efforts.  Burbank, as well as many other cities, is faced with the risk of potential loss of UUT revenue.  Proposition 218 mandates that changes to tax ordinances be approved by voters.  This is not a tax increase, but merely an effort to continue to secure our existing revenue. Recommendation:  ORDINANCE NO. 3796: Introduction and adoption of proposed ordinance entitled AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ORDERING A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE GENERAL MUNICIPAL ELECTION ON APRIL 12, 2011, FOR THE PURPOSE OF SUBMITTING A BALLOT MEASURE TO THE VOTERS REGARDING AMENDMENTS TO THE UTILITY USER’S TAX ORDINANCE. 5-0

Item No. 8 Staff Report

 

Item No. 8 Exhibits A and B

 

Item No. 8 Exhibit C - Redline Ordinance

 

Item No. 8 Ordinance

 

Item No. 9 Staff Report

 

Item No. 9 Exhibits A and B

 

Item No. 10 Staff Report

 

Item No. 10 Attachment

 

Item No. 11 Staff Report

 

Item No. 11 Attachment

 

ORDINANCE NO. 3797: Adoption of proposed ordinance entitled AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 9 OF THE BURBANK MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA BUILDING STANDARDS CODE AND RELATED CODES. 5-0

ORDINANCE NO. 3798: Adoption of proposed ordinance entitled AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 9, CHAPTER 2 OF THE BURBANK MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA FIRE CODE. 5-0

ORDINANCE NO. 3799: Adoption of proposed ordinance entitled AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 9, CHAPTER 1, ARTICLE 10 OF THE BURBANK MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE. 4-1 Dr. Gordon no

Item No. 12 Staff Report

 

Item No. 12 Exhibit A - Description of Codes

 

Item No. 12 Exhibit B - Building Code

 

Item No. 12 Exhibit C - Redline Fire Code

 

Item No. 12 Exhibit D - Green Building Code

 

Item No. 12 Exhibit E - Cal Green Building

 

Item No. 12 Ordinance - Building Code

 

Item No. 12 Ordinance - Fire Code

 

Item No. 12 Ordinance - Cal Green Building Code