1 STAFF REPORT
DATE: April 5, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Zizette Mullins, MMC, City Clerk
BY: Melissa Dekermenji, CMC, Administrative Analyst I
SUBJECT: Appointment to Fill Three Vacancies on the Burbank Water and Power Board for Unexpired Terms
RECOMMENDATION
Appoint One (1) Member to the Burbank Water and Power Board to fill an unexpired term ending July 31, 2022 and Appoint Two (2) Members to the Burbank Water and Power Board to fill unexpired terms ending July 31, 2024.
BACKGROUND
All Board, Commission, and Committee (BCC) Members shall be appointed by a three- fifths (3/5) vote of all Council Members and serve without compensation from the City. No person shall serve on more than one BCC at the same time. Vacancies on a BCC occurring during the term of office shall be filled within ninety (90) days from the date the vacancy occurs. Any person appointed to fill a vacancy shall hold office for the remainder of the unexpired term. In addition, all applicants must be electors of, and actually reside in, the City of Burbank with the exception of three positions on the Burbank Cultural Arts and the Sustainable Burbank Commissions as established in Ordinance No. 16- 3,874 adopted 2/9/2016. (Per BMC Sections 2-1-404, 2-1-405, 2-1-406, and 2-1-407)
Once a vacancy is established, the City Clerk advertises the vacancy for 30 days, accepts applications, and provides applications received to the City Council for consideration.
The voting process established allows for each Council Member to vote as many times as there are vacancies on the BCC being considered; and the applicants receiving a majority of the votes in the first round are either appointed or move into the second round, CITY CLERK’S
OFFICE
2 if necessary. The process continues for as many rounds as are necessary to attain the correct number of applicants to fill the vacancy.
Burbank Water and Power Board
The Burbank Water and Power Board (initially the Public Service Board) was established by Resolution No. 17,896 on April 19, 1977. On December 16, 2000, the City Council adopted Ordinance No. 3566 adding the Burbank Water and Power Board to the Burbank Municipal Code Section 2-1-418. The Board is composed of 7 members. Members shall have the following powers and duties: To review and make recommendations on all capital improvements which require Council approval; To review and make recommendations on purchased power agreements with terms of more than five (5) years; To review and make recommendations regarding the Burbank Water and Power’s annual budget; To review and make recommendations regarding electric and water rates; To approve all contract awards for goods, services and public work construction projects which are provided for in the Burbank Water and Power’s annual budget; and To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council or the General Manager of the Burbank Water and Power.
DISCUSSION
On February 17, 2022, the City Clerk's Office began advertising and accepting applications for two (2) vacancies on the Burbank Water and Power Board for one (1) unexpired term ending July 31, 202 4 created by the Tuesday, February 15, 2022 City Council decision to excuse, Paul Herman, from the remainder of his term due to his non- compliance with the City of Burbank’s COVID -19 Vaccination Policy and one (1) unexpired term ending July 31, 2022 created by the resignation of Ryan Ford.
Subsequently, on February 22, 2022, the City Clerk's Office began advertising and accepting applications for an additional vacancy on the Burbank Water and Power Board for one (1) unexpired term ending July 31, 202 2, created by the resignation of Jordan Smith.
In order to obtain qualified candidates, a Notice of Unscheduled Vacancy was advertised through the following:
• The City website
• City Council meeting announcements
• All social media platforms overseen by the City Clerk’s Office • Press release sent to The LA Times, Burbank Leader, and MyBurbank.com • Notices posted on the City Hall Bulletin Board
• Community Groups and Organizations
3 The City Clerk’s Office received a total of thirteen (13) applications for the three (3) vacancies. The deadline to submit applications to the City Clerk’s Office for the first two (2) vacancies on the Burbank Water and Power Board was Monday, March 21, 2022, at 5:00 p.m. The City Clerk’s Office received eleven (11) applications: Annette Ohanganian, Laura Tenenbaum, Victoria Kirschenbaum, Christopher Malotte, Timothy Shaner, William Barlak, Andrew Peak, Bruce Redmann, Lermont Khachikyan, Ashley Morris, and Kellie Dancho.
Prior to the deadline to submit applications for the third vacancy on Thursday, March 24, 2022, at 5:00 p.m., the City Clerk’s Office received an additional two (2) applications: Sam Miyamoto and William Luddy.
The applications are listed in order received and all Applicants have met the City of Burbank COVID-19 Vaccination Policy requirement.
Please note the following two (2) A pplicants Laura Tenenbaum and Victoria Kirschenbaum c urrently serv e on the Sustainable Burbank Commission. If appointed, their positions will create a vacancy on the Sustainable Burbank Commission.
Please note that two (2) of the A pplicants, Timothy Shaner and Lermont Khachikyan, have also applied for the Planning Board. If appointed tonight, t heir name(s) will be removed from consideration for the Planning Board appointment which is tentatively scheduled to be presented to the City Council at the Tuesday, May 3, 2022 City Council Joint Meeting.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CONCLUSION
The City and the community both realize substantial benefits from civic involvement.
Appointments to the boards, commissions, and committees help to encourage public participation in the governmental process and ensure Burbank residents have a voice.
ATTACHMENT
Attachment 1 – Applications and Resumes
Attachment 2 – Burbank Municipal Code Section 2-1-418