1 CITY OF BURBANK
CITY COUNCIL REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
Call to Order
Present:
Absent:
Also Present:
Public Comment
Proclamation
Rescinding Wearing
of Face Coverings at
Public Meetings
A Closed Session Meeting of the City Council of the City of Burbank was held in the Council Chamber, 275 East Olive Avenue, on the above date.
The meeting was called to order at 3:34 p.m. by Mayor Talamantes.
Council Members Frutos, Schultz, Springer, Vice-Mayor Anthony, and Mayor Talamantes.
None.
City Manager Hess, City Attorney McDougall, and City Clerk Mullins.
CLOSED SESSION PUBLIC COMMENT
Mayor Talamantes opened and closed the Closed Session Public Comment period there being no one desiring to speak.
Confirmation of Proclamation Issued by the Director of Emergency Services Rescinding the Wearing of Face Coverings at Public Meetings
Justin Hess, City Manager, presented the report and responded to City Council inquiries.
Council Action:
It was moved by Council Member Frutos, seconded by Council Member Springer , carried 5- 0 by roll call vote, to 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.
The City Council recessed at this time to the City Hall First Floor Conference Room to hold a Closed Session on the following:
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 ri ghts, 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
09/13/2022
2 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
Call to Order A Regular Meeting of the City Council of the City of Burbank was held in the City Hall, Council Chamber, at 275 East Olive Avenue, Second Floor, on the above date. The meeting was called to order at 6:06 p.m. by Mayor Talamantes.
Invocation
Flag Salute
Roll Call
Present:
Absent:
Also Present:
The Invocation was given by Reverend Paul Clairville, West Presbyterian Church in Burbank.
The Pledge of Allegiance was led by Mrs. Kathy Wills-Sarna, Kindergarten Teacher, Roosevelt Elementary School.
Council Members Frutos, Schultz, Springer, Vice- Mayor Anthony, and Mayor Talamantes.
None.
City Manager Hess, City Attorney McDougall, and City Clerk Mullins.
Mayor Talamantes indicated there would be one (1) period of Public Comment at this evening’s meeting and those who wish to participate in General Public Comment may call in at (818) 238-3335.
Mayor Talamantes requested a moment of silent i n honor of Queen Elizabeth II as we mourn her passing and remember her 70 years of service.
ANNOUNCEMENTS:
Mayor Talamantes displayed a PowerPoint Presentation announcing the following: 1) Burbank Water and Power Water Restrictions; 2) Burbank Water and Power Free H2O to Go Program from September 6-20, 2022; 09/13/2022
3 Public Comment
Motion
City Council Minutes
3) California High -Speed Rail Authority Draft Environmental Report; 4) Domestic Violence Task Force Community Awareness Workshops; 5 ) Lifting People Up Citywide Financial Literacy Workshop; 6 ) Burbank Animal Shelter Foster Program; and 7) Library Card Sign Up Month.
COUNCIL PRESENTATIONS:
Mayor Talamantes presented a Proclamation Declaring September 15 – October 15, 2022 as “Hispanic Heritage Month” in the City of Burbank and introduced Señora Jackie Amaya-Garcia who made remarks.
Mayor Talamantes presented a Proclamation Declaring September 20, 2022 as “National Voter Registration Day” in the City of Burbank and introduced Zizette Mullins, City Clerk who made remarks.
CITY MANAGER REPORT:
City Manager Hess indicated there were no items to report.
PRESENTATIONS:
Mayor Talamantes introduced California State Senator Anthony Portantino who provided a State and Local Legislative Update and Information about the Burbank-Glendale-Pasadena Regional Housing Trust.
REPORTING ON CLOSED SESSION:
City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session items.
GENERAL PUBLIC COMMENT:
Appearing to comment were: Kristy Maloof, Anne Wenzel, Tim Cherry, David Donahue, Daniel Leivick, Nikki Perez, Simon Hammel, Francesca Fitchett, and Andre Dionysian.
Calling in to comment were: Jay Geisenheimer, Will Thompson, Evan Reardon, Paul McKenna Jr., Kevin Muldoon, Janice Cox, Robert Gregorian, and Adolfo Godinez.
COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:
Council Members responded to Public Comment.
CONSENT CALENDAR:
It was moved by Vice-Mayor Anthony , seconded by Council Member Schultz, carried 5-0 by roll call vote, to approve the Consent Calendar.
1. City Council Minutes
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.
09/13/2022
4 Amending the Conflict
of Interest Code
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
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
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)
Adoption of a
Resolution to
Authorize Burbank
Water and Power to
Accept a Grant Award
from the United States
Economic
Development
Administration in the
2. Adoption of a Resolution Amending the City of Burbank Conflict of Interest Code
RESOLUTION NO. 22-29,351
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING THE CITY’S CONFLICT OF INTEREST
CODE.
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
RESOLUTION NO. 22-29,352
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 RE QUIREMENTS AND
GUIDELINES FOR FEDERALLY FUNDED SUBRECIPIENTS.
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
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.
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)
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.
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
RESOLUTION NO. 22-29,353
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE ACCEPTANCE OF A GRANT FROM
09/13/2022
5 amount of $85,000 for
the American Rescue
Plan Act Economic
Adjustment Assistance
Technical Assistance
Program
Professional Services
Agreement with
Guidepost Solutions,
LLC for the
Development of
Policies, Procedures,
and Technical
Requirements for a
Physical Security
Program and Amend
the Adopted FY 22-23
Budget by
Appropriating
American Rescue Plan
Act Funds to the
Capital Improvement
Project
Appointment to Fill
One Vacancy on the
Police Commission
and One Vacancy on
the Burbank Water and
Power Board
Staff Report
Council Consensus
Appointment to Fill
One Vacancy on the
Planning Board for an
Unexpired Term
Staff Report
Motion
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.
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 Ameri can Rescue Plan Act Funds to the Capital Improvement Project
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.
REPORTS TO COUNCIL:
8. Appointment to Fill One Vacancy on the Police Commission and Fill One Vacancy on the Burbank Water and Power Board for Unexpired Terms
Melissa Dekermenji, Administrative Analyst , City Clerk ’s Office presented the report.
Council Action:
It was unanimously approved and carried 5- 0 by Council Consensus, to appoint Paul McKenna Jr. to the Police Commission for an unexpired term ending July 31, 2025 and 5- 0 by a show of hands, to appoint Timothy Cherry to the Burbank Water and Power Board for an unexpired term ending July 31, 2026.
9. Appointment to Fill One Vacancy on the Planning Board for an Unexpired Term
Zizette Mullins, MMC, City Clerk presented the report and responded to City Council inquiries.
Council Action:
It was moved by Council Member Frutos, seconded by Council Member Springer, carried 3-2 (Schultz and Anthony, Dissent) by roll call vote to direct the City Clerk to re- advertise the vacancy for an additional 30 days and bring back on the October 25, 2022 City Council Meeting.
09/13/2022
6 Review of Civic Center
Project Plans and
Establishment of a
Reserve Account
Staff Report
Motion
Roles and Duties of
the Police Commission
Staff Report
Council Consensus
Council Comments
Introduction of
Additional Agenda
Items
10. Review of Civic Center Project Plans and Establishment of a Reserve Account for the Project
Elizabeth Goldman , Library Services Director, Jennifer Becker, Financial Services Director, Ken Berkman, Public Works Director, and Fred Ramirez, Assistant Community Development Director – Planning and Transportation, presented the PowerPoint Presentation and responded to City Council inquiries.
Council Action:
It was moved by Council Member Springer , seconded by Mayor Talamantes, carried 5-0 by roll call vote, to approve the
Review conceptual plans for the development of the Burbank Civic Center Project using a public -private partnership delivery model and provide input to staff.
Direct staff to establish a reserve account and transfer $10 million from the Fund 534 fund balance for matching funds for project -related grants.
11. Discussion of Roles and Duties of the Police Commission
Courtney Padgett, Police Administrator, presented the report.
Council Action:
It was unanimously approved by City Council Consensus to note and file the report regarding Council’s expectations of the roles, duties, responsibilities, and/or assignments for the Police Commission.
COUNCIL COMMENTS:
Council Members reported out on events and meetings attended.
INTRODUCTION OF ADDITIONAL AGENDA ITEMS:
Vice-Mayor Anthony requested a first step report on a letter to Congress and President Biden to dismiss the waiver of section 907 – refusing military aid to Azerbaijan.
Mayor Talamantes requested the following: 1) A report on speeding enforcement, 2) A report on flavored tobacco inspections, 3) A first step report on desalination process, and 4) A status update on the hiring of the Community Services Officers.
Council Member Springer requested a report reviewing the M1 Zones in the Rancho Neighborhood and rezoning the area.
09/13/2022
7 Adjournment ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 10:34 p.m., to Tuesday, September 27, 2022, for a Joint Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
_s/Zizette Mullins____________________
Zizette Mullins, MMC
City Clerk
_s/Jess A. Talamantes_________________
Jess A. Talamantes
Mayor
APPROVED DATE: September 27, 2022