COUNCIL AGENDA - CITY OF BURBANK
TUESDAY, SEPTEMBER 13, 2022
3:30 p.m. - Council Chamber,
275 E. Olive Avenue, Second Floor
This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting.
The agenda packet consisting of the staff reports and all other documentation relating to each item on this agenda are on file in the office of the City Clerk located at City Hall, 275 E. Olive Avenue, at the reference desks at the two public libraries located at 110 N. Glenoaks Boulevard and 300 N. Buena Vista Street during normal business hours, and will be posted on the City’s website at www.burbankca.gov
. Any writings or documents provided to the Council regarding any item on this agenda subsequent to distribution of the agenda packet will be made available for public inspection in the office of the City Clerk at City Hall located at 275 E. Olive Avenue, during normal business hours. If you have a question about any matter on the agenda, please call the office of the City Clerk at (818) 238-5851. The City Council Chamber 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) 238-5424 with questions or concerns.
NOTICE IS HEREBY GIVEN that a Regular City Council Meeting will be held in the Council Chamber - 275 East Olive Avenue, Second Floor, on Tuesday, September 13, 2022, at 3:30 p.m., to discuss matters on the attached agenda.
Members of the public have the option to participate in the meeting via in-person and/or telephonically for General Public Comment and Public Hearings. They may also submit their written comments regarding City business using the eComment feature on the City website, or by emailing the City Council directly at [email protected] Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48-hour notice is required). For more information, please contact the ADA Coordinator at (818) 238-5051.
How to View the Meeting:
Local Cable: Spectrum Channel 6 or AT&T Uverse Channel 99.
YouTube Live Streaming Channel: Click here.
City Website Live Streaming: Click here.
Public Comment Options:
1. To speak during General Public Comment and Public Hearing Public Comment periods during the meeting, members of the public may speak in-person in the Council Chamber or call (818) 238-3335. Calls received will be placed in a queue and forwarded to the Mayor in real time after in-person comments have been received.
2. eComment will remain open until 2:30 p.m. the night of the meeting.
3. Email the City Council directly [email protected] Emails received on or before 2:30 p.m. on City Council Meeting day will be distributed to the City Council in advance of the meeting. Any correspondence received after this time will be distributed the following business day.
A.
Public Comment: (Three minutes on Closed Session items only) To Comment, please telephone into the meeting at (818) 238-3335 or to speak in person, a PINK Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
B.
Confirmation of Proclamation Issued by the Director of Emergency Services Rescinding the Wearing of Face Coverings at Public Meetings - City Manager Department Recommendation:
Confirm a proclamation by the Director of Emergency Services rescinding the Order to wear face coverings at public meetings to prevent the spread of COVID-19.
Staff Report
Attachment 1
Attachment 2
C.
Closed Session in City Hall First Floor Conference Room:
1. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: Dr. B.L. Rosenfeld, et al. v. Burbank Mayor Jess Talamantes, et al. c.
Case No.: 2:22-cv-00497-DSF-E
d.
Brief description and nature of case: Plaintiff(s) allege violation of their and their son, Scott Rosenfeld’s civil rights, RICO violations, and negligence related to S. Rosenfeld’s death in-custody
2. Conference with Legal Counsel – Anticipated Litigation:
a.
Significant exposure to litigation pursuant to Govt. Code §54956.9(e)(3) City as Potential Defendant b.
Number of potential case(s): 1
3. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: Save Rancho Providencia Neighborhood, an unincorporated association v. City of Burbank, et al. c.
Case No.: 21STCP02000
d.
Brief description and nature of case: Petition for Writ of Mandate
4. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: Pickwick Investment, LLC v. City Council of the City of Burbank, et al. c.
Case No.: 22STCP01756
d.
Brief description and nature of case: Petition for Writ of Mandate regarding Pickwick Investment, LLC SB 35 Denial
5. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: Yimby Law v. City Council of the City of Burbank, et al. c.
Case No.: 22STCP02341
d.
Brief description and nature of case: Petition for Writ of Mandate regarding Pickwick Investment, LLC SB 35 Denial
6. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: California Department of Housing and Community Development Notice of Violation – Administrative Proceeding c.
Brief description and nature of case: Notice of Violation concerning denial of Pickwick Gardens Housing Project D.
Call to Order: 6:00 p.m.
E.
Invocation: The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution.
F.
Flag Salute:
G.
Roll Call:
G.1
Moment of Silence in honor of Queen Elizabeth II
H.
Announcements: (The Mayor will make announcements on various topics in addition to any listed) I.
Council Presentations/Recognitions: (The Mayor will make presentations to various groups/persons)
1. Presentation of a Proclamation Declaring September 15 – October 15, 2022 as “Hispanic Heritage Month” in the City of Burbank – City Council
2. Presentation of a Proclamation Declaring September 20, 2022 as “National Voter Registration Day” in the City of Burbank – City Council J.
City Manager Report: (Updates on Notable Events, if any) K.
Presentation:
1. Presentation of a State and Local Legislative Update from State Senator Anthony Portantino and Information about the Burbank-Glendale-Pasadena Regional Housing Trust – City Manager Department L.
Reporting on Closed Session: (The City Attorney will report the Closed Session items and report out actions taken) M.
General Public Comment: (Three minutes on any matter concerning City business and/or any agenda items.) To Comment, please telephone into the meeting at (818) 238-3335 or to speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
N.
Council, City Manager, and/or City Attorney Comment: (Responses to General Public Comment, if any, shall be brief and in accordance with the Ralph M. Brown Act) O.
Consent Calendar: (Items on the Consent Calendar are generally routine matters and should be adopted by one motion without an oral report)
1. City Council Minutes – City Clerk’s Office
Recommendation:
Approve the City Council Minutes of the Regular Meeting of August 9, 2022, the Dark Meetings of August 16, August 30, 2022, and September 6, 2022, the Special Closed Session Meeting of August 22, 2022, and the Joint Meeting of August 23, 2022.
MOTION: Approved 5-0
City Council Minutes
2. Adoption of a Resolution Amending the City of Burbank Conflict of Interest Code – City Clerk’s Office Recommendation:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE CITY’S CONFLICT OF INTEREST CODE.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Resolution No. 22-29,351
3. Adoption of a Resolution Approving the 2022 Title VI Program Triennial Update for BurbankBus per the United States Department of Transportation/Federal Transit Administration Title VI Requirements and Guidelines for Federally Funded Subrecipients – Community Development Department Recommendation:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE 2022 TITLE VI PROGRAM TRIENNIAL UPDATE FOR BURBANKBUS PER THE UNITED STATES DEPARTMENT OF TRANSPORTATION (DOT) / FEDERAL TRANSIT ADMINISTRATION (FTA) TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERALLY FUNDED SUBRECIPIENTS.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Resolution No. 22-29,352
4. Establishment of a Bi-Annual Rates and Budget Process for Funds Managed by Burbank Water and Power, and the Wastewater and Refuse Funds Managed by Public Works – Burbank Water and Power Department/Public Works Department Recommendation:
Authorize the implementation of a bi-annual rates and budget process for all funds managed by Burbank Water and Power, and the wastewater and refuse enterprise funds managed by Public Works, with a plan to start this practice for fiscal years 2023-2024 and 2024-2025.
MOTION: Approved 5-0
Staff Report
5. Approval of the Amended and Restated Joint Powers Agreement for the Southern California Public Utilities Financing Authority (Currently Known as the Southern California Public Water Authority Joint Powers Agreement) - Burbank Water and Power Department Recommendation:
Approve and authorize the Burbank Water and Power General Manager, as designee of the City Manager, to enter into an amended and restated joint powers agreement (JPA) with the Los Angeles Department of Water and Power with respect to the Southern California Public Utilities Financing Authority, currently known as the Southern California Public Water Authority and to execute any ancillary documents necessary to implement the amended and restated JPA. Regular MOTION: Approved 5-0
Staff Report
Attachment 1
Attachment 2
6. Adoption of a Resolution to Authorize Burbank Water and Power to Accept a Grant Award from the United States Economic Development Administration in the amount of $85,000 for the American Rescue Plan Act Economic Adjustment Assistance Technical Assistance Program – Burbank Water and Power Department Recommendation:
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE 2022 TECHNICAL ASSISTANCE PROGRAM: BURBANK MASS MARKET BROADBAND FEASIBILITY STUDY, AND AUTHORIZING THE BURBANK GENERAL MANAGER, AS DESIGNEE OF THE CITY MANAGER, TO ACCEPT A GRANT AGREEMENT.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Resolution No. 22-29,353
7. Approval of a Professional Services Agreement with Guidepost Solutions, LLC for the Development of Policies, Procedures, and Technical Requirements for a Physical Security Program and Amending the Adopted Fiscal Year 2022-2023 Budget by Appropriating American Rescue Plan Act Funds to the Capital Improvement Project – Information Technology Department Recommendation:
Approve the Professional Services Agreement with Guidepost Solutions, LLC. for the development of policies, procedures, and technical requirements for a physical security program and amend the Fiscal Year 2022-2023 Budget to appropriate American Rescue Plan Act funds.
MOTION: Approved 5-0
Staff Report
Attachment 1
P.
Reports to Council: (Items listed under this section will have an oral report provided)
8. Appointment to Fill One Vacancy on the Police Commission and Fill One Vacancy on the Burbank Water and Power Board for Unexpired Terms - City Clerk’s Office Recommendation:
Appoint One Member to the Police Commission to fill an unexpired term ending July 31, 2025 and Appoint One Member to the Burbank Water and Power Board to fill an unexpired term ending July 31, 2026.
Staff Report
Attachment 1
Attachment 2
Attachment 3
Council Action: Approved 5-0 Appointed Paul McKenna Jr. to the Police Commission to fill an unexpired term ending July 31, 2025 and Appointed Timothy Cherry to the Burbank Water and Power Board to fill an unexpired term ending July 31, 2026
9. Appointment to Fill One Vacancy on the Planning Board for an Unexpired Term - City Clerk’s Office Recommendation:
Appoint One Member to the Planning Board to fill an unexpired term ending July 31, 2025.
Staff Report
Attachment 1
Attachment 2
Attachment 3
Council Action: Approved 3-2 (Schultz and Anthony, Dissent) to re-advertise this vacancy for 30 days and bring back to the October 25, 2022 City Council Regular Meeting
10. Review of Civic Center Project Plans and Establishment of a Reserve Account for the Project – Library Services Department
1. Review conceptual plans for the development of the Burbank Civic Center Project using a public-private partnership delivery model and provide input to staff.
2. Direct staff to establish a reserve account and transfer $10 million from the Fund 534 fund balance for matching funds for project-related grants.
Staff Report
Attachment 1
PowerPoint Presentation
Council Action: Council Provided Direction to Staff and Approved 5-0
11. Discussion of Roles and Duties of the Police Commission - Police Department Recommendation:
Provide direction, if any, to staff and/or the Police Commission regarding Council's expectations of the roles, duties, responsibilities, and/or assignments for the Police Commission.
Staff Report
Attachment 1
Attachment 2
Attachment 3
Council Action: Council Consensus to note and file.
Q.
Council Comments: (Including reporting on Council committee assignments, attendance at conferences and regional meetings) R.
Introduction of Additional Agenda Items: (Council Members may request future agenda items) S.
Adjournment: To Tuesday, September 27, 2022, for a Joint Meeting in the Council Chamber - 275 East Olive Avenue, Second Floor.