CITY OF BURBANK
TUESDAY, SEPTEMBER 27, 2022
JOINT MEETING WITH POLICE COMMISSION AGENDA
3:30 p.m. - Council Chamber,
275 E. Olive Avenue, Second Floor
NOTICE IS HEREBY GIVEN that a Joint City Council Meeting will be held in the Council Chamber - 275 East Olive Avenue, Second Floor, on Tuesday, September 27, 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.
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: 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
2. 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
3. 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
4. Conference with Labor Negotiator
a.
Pursuant to Govt. Code §54957.6
b.
Name of the City Negotiator: Betsy McClinton, Management Services Director c.
Name of Organizations Representing Employee: Burbank Fire Fighters, International Association of Fire Fighters, Local 778, Burbank City Employees’ Association, Burbank Management Association
5. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: Akiko Okuda, et al. v. City of Burbank, et al. c.
Case No.: 21STCV24236
d.
Brief description and nature of case: Personal Injury
6. Conference with Legal Counsel – Existing Litigation
a.
Pursuant to Govt. Code §54956.9(d)(1)
b.
Name of Case: Marco Abeyta v. City of Burbank, et al.
c.
Case No.: 22STCV00710
d.
Brief description and nature of case: Personal Injury
C.
Call to Order: 6:00 p.m.
D.
Invocation: The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution.
E.
Flag Salute:
F.
Roll Call:
G.
Announcements: (The Mayor will make announcements on various topics in addition to any listed) H.
Council Presentations/Recognitions: (The Mayor will make presentations to various groups/persons)
1. Presentation of a Certificate of Recognition to Police Officer Christopher Perry for Being Named as the 2022 Rex Andrews Police Scholar Award Recipient - City Council
2. Recognition of Burbank’s 2022 Firefighter of the Year, Police Officer of the Year, and Employee of the Year – City Council
3. Recognition of City of Burbank Employees with 20 or More Years of Service – City Council I.
City Manager Report: (Updates on Notable Events, if any) J.
Presentation:
1. Presentation of a Metropolitan Water District of Southern California Update – Burbank Water and Power Department K.
Reporting on Closed Session: (The City Attorney will report the Closed Session items and report out actions taken) L.
Joint General Public Comment: (Three minutes on any matter concerning City business and/or any agenda items except the Public Hearing.) 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.
M.
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) N.
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 September 13, 2022, the Special Meeting of September 20, 2022 and the Dark Meeting of September 20, 2022.
MOTION: Approved 5-0
City Council Minutes
2. Adoption of a Resolution Authorizing Acceptance of the California Office of Traffic Safety 2023 Selective Traffic Enforcement Program Grant for $120,000 and Amending the Fiscal Year 2022-23 Budget by Appropriating Funds – Police Department Recommendation: Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CALIFORNIA OFFICE OF TRAFFIC SAFETY 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT AGREEMENT AND ANY FUTURE AMENDMENTS, ACCEPTING $120,000 IN GRANT FUNDS, AND AMENDING THE FISCAL YEAR 2022-23 BUDGET BY APPROPRIATING FUNDS.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Resolution No. 22-29,354
3. Adoption of a Resolution Authorizing Acceptance of the California Office of Traffic Safety 2023 Traffic Records Improvement Project Grant for $25,000 and Amending the Fiscal Year 2022-23 Budget by Appropriating Funds – Police Department Recommendation: Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CALIFORNIA OFFICE OF TRAFFIC SAFETY 2023 TRAFFIC RECORDS IMPROVEMENT PROJECT GRANT AGREEMENT AND ANY FUTURE AMENDMENTS, ACCEPTING $25,000 IN GRANT FUNDS, AND AMENDING THE FISCAL YEAR 2022-23 BUDGET BY APPROPRIATING FUNDS.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Resolution No. 22-29,355
4. Adoption of a Resolution Acknowledging Receipt of the Fiscal Year 2021-22 Fire Inspection Performance Report – Fire Department Recommendation: Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 2021-22 FIRE INSPECTION PERFORMANCE REPORT REGARDING THE REQUIRED ANNUAL INSPECTIONS IN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Resolution No. 22-29,356
O.
Joint Meeting with the Police Commission:
5. Report from the Office of Independent Review Group Monitoring the Burbank Police Department - City Manager Department/City Attorney Department/Police Department Recommendation: Note and file Office of Independent Review Group's Report.
Staff Report
Attachment 1
Attachment 2
Council Action: Council Consensus to Note and File
6. Continuation of Discussion of Roles and Duties of the Police Commission – Police Department
1. Note and file.
2. 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
Council Action: Council provided direction to staff and the Police Commission.
P.
Public Hearing:
7. Adoption of a Resolution Certifying a Final Environmental Impact Report and Adoption of a Statement of Overriding Considerations and Findings of Fact and Mitigation Monitoring and Report Program and Adoption of a Resolution Adopting the 2021-2029 Housing Element, Safety Element, and Environmental Justice General Plan Updates - Community Development Department Recommendation: Staff recommends that the City Council take the following actions:
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE 2021-2029 (6th CYCLE) HOUSING ELEMENT, SAFETY ELEMENT, AND ENVIRONMENTAL JUSTICE GENERAL PLAN UPDATES AND ADOPTION OF THE MITIGATION MONITORING & REPORTING PROGRAM (MMRP) WITH A STATEMENT OF OVERRIDING CONSIDERATIONS AND FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK APPROVING THE 2021-2029 (6th CYCLE) HOUSING ELEMENT, SAFETY ELEMENT, AND ENVIRONMENTAL JUSTICE GENERAL PLAN UPDATES.
Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
Attachment 9
Attachment 10
Attachment 11
Attachment 12
Attachment 13
Attachment 14
Attachment 15
Attachment 16
Correspondences
Additional Docs - Memo
Resolution No. 22-29,357
Resolution No. 22-29,358
PowerPoint Presentation
*** If Additional Documents/Correspondences are submitted for this item, they will be periodically posted to the City website for public viewing. *** Public Hearing Public Comment: To speak in person, a SALMON Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action: Adopted 5-0
Q.
Reports to Council: (Items listed under this section will have an oral report provided)
8. Request to Consider Writing a Letter of Support for Proposition 1, a California Ballot Proposition and State Constitutional Amendment for the Right to Reproductive Freedom - City Manager Department Recommendation: The City Council could note and file the report, direct staff to come back for a second step, or in the interest of time due to the impending election in November, forgo the customary second step in the additional agenda item process and direct staff to prepare and send a letter signed by all five Council Members to the main supporters of Proposition 1: Governor Gavin Newsom, Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon.
Staff Report
Attachment 1
Attachment 2
Council Action: Approved 5-0 to forgo the customary second step in the additional agenda item process and staff directed to prepare and send a letter signed by all five Council Members to the main supporters of Proposition 1.
9. Request to Consider Discussing City Council Resolution No. 17-28,970 the Adopted Rules for the Conduct of Council Meetings, Increasing Public Participation and Repealing Resolution No. 27,515 - City Manager Department Recommendation: The City Council could note and file the report or direct staff to return to the City Council with a second step report for City Council consideration of Resolution No. 17-28,970.
Staff Report
Attachment 1
Council Action:
VOTE #1
Restore 3 minutes in person Public Comment Period after each “Reports to Council” Item on the City Council Agenda starting October 4, 2022. 4-1 (Schultz dissent) VOTE #2
Bring back second step report for City Council consideration of Resolution No. 17-28,970 to incorporate Telephonic – call in Public Comment; extend the General Public Comment Period; consider adding Final Public Comment and discuss Video presentation during public comment. 5-0 R.
Council Comments: (Including reporting on Council committee assignments, attendance at conferences and regional meetings) S.
Introduction of Additional Agenda Items: (Council Members may request future agenda items) T.
Adjournment: To Tuesday, October 4, 2022, for a Regular Meeting in the Council Chamber - 275 East Olive Avenue, Second Floor.