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Minutes

Burbank City Council
September 27, 2022

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Minutes
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September 27, 2022
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Burbank City Council
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1 CITY OF BURBANK

CITY COUNCIL JOINT MEETING MINUTES

WITH THE POLICE COMMISSION
TUESDAY, SEPTEMBER 27, 2022

Call to Order

Present:

Absent:

Also Present

Public Comment
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 and Springer, Vice-Mayor Anthony, and Mayor Talamantes.

None.

City Manager Hess, City Attorney McDougall, and City Clerk Mullins.

CLOSED SESSION PUBLIC COMMENT
Appearing to comment was: Schlossman.

Calling in to comment were: None.

There being no additional responses to the Mayor's invitation for Public Comment on Closed Session matters, 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: 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, Lo cal 778, Burbank City Employees’ Association, Burbank Management Association
09/27/2022

2 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

Call to Order A Joint Meeting of the City Council of the City of Burbank and Police Commission 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 Bob Kramer, Community Assistance Coordinator.

The Pledge of Allegiance was led by Mayor Talamantes.

Council Members Frutos, Schultz and Springer; Vice-Mayor Anthony, and Mayor Talamantes.

None.

City Manager Hess, City Attorney McDougall, and City Clerk Mullins.

Mayor Talamantes indicated there would be t wo (2) periods of Public Comment. Members of the public may comment in person or by telephone during the General Public Comment Period and during the Public Hearing.

First period is for Joint General Public Comment and the second period is for the Public Hearing. To participate in General Public Comment and the Public Hearing Public Comment over the phone please call (818) 238 - 3335.

ANNOUNCEMENTS:

Mayor Talamantes displayed a PowerPoint Presentation announcing the following: 1) California High -Speed Rail Authority Draft Environmental Report; 2) Burbank Housing Corporation Board of Directors Vacancy 3) Planning Board and Transportation Commission Vacancies ; 4) Media District Specific Plan Community Workshop; 5) Domestic Violence Task Force Workshops.

COUNCIL PRESENTATIONS/RECOGNITIONS:

Mayor Talamantes presented a Certificate of Recognition to Police Officer Christopher Perry for being named as the 2022 Rex Andrews Police Scholar Award Recipient and introduced Mike Albanese, Police Chief who made remarks.

Mayor Talamantes presented a Certificate of Recognition to Fire Captain Scott Trowbridge, City of Burbank’s 2022 Firefighter of the Year and introduced Eric Garcia, Fire Chief who made remarks.
09/27/2022

3 Public Comment

Motion

City Council Minutes

Mayor Talamantes presented a Certificate of Recognition to Detective John Voorhis, for being named the 2022 Police Officer of the Year. Police Captain Travis Irving accepted the Certificate on his behalf and made remarks.

Mayor Talamantes presented a Certificate of Recognition to Curtis Jordan, Landfill Supervisor, Public Works Department for being named as the 2022 City Employee of the Year. Ken Berkman, Public Works Director and John Molinar, Assistant Public Works Director made remarks.

Mayor Talamantes and Department Executives presented Certificates of Recognition to City of Burbank Employees with 20 or More Years of Service. Jeannine Edwards, Assistant General Manager of Burbank Water and Power, Eric Garcia, Fire Chief and Ken Berkman, Public Works Director made remarks.

CITY MANAGER REPORT:

City Manager Hess invited Jeannine Edwards, Assistant General Manager of Burbank Water and Power to provide an update on the City of Burbank’s Water Use Ordinance.

PRESENTATION:

Marsha Ramos, Metropolitan Water District Board Member, presented an update from the Metropolitan Water District of Southern California.

REPORTING ON CLOSED SESSION:

City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session items but did not take any reportable action.

City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session items on the Special Closed Session Meeting of September 20, 2022 but did not take any reportable action.

JOINT GENERAL PUBLIC COMMENT:

Appearing to comment were: Tom Callison, Robert Sanders, James Rathbun, Francesca Fitchett, Andre Dionysian, and Schlossman.

Calling in to comment were: Ginny Barnett, Simon Hammel, and Alen Kay.

COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:

Council Members, City Manager and City Attorney responded to Public Comment.

CONSENT CALENDAR:

It was moved by Council Member Schultz, seconded by Council Member Frutos, 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 September 13, 2022, the Special Closed Session Meeting of September 20, 2022 and the Dark Meeting of September 20, 2022.
09/27/2022

4 Acceptance of the
California Office of
Traffic Safety 2023
Selective Traffic
Enforcement Program
Grant for $120,000

Acceptance of the
California Office of
Traffic Safety 2023
Traffic Records
Improvement Project
Grant for $25,000

Fiscal Year 2021-22
Fire Inspection
Performance Report

Report from the Office
of Independent Review
Group Monitoring the
Burbank Police
Department

Staff Report

2. Adoption of a Resolution Authorizing Acceptance of the California Office of Traffic Safety 20 23 Selective Traffic Enforcement Program Grant for $120,000 and Amending the Fiscal Year 2022-23 Budget by Appropriating Funds

RESOLUTION NO: 22-29,354
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.

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

RESOLUTION NO: 22-29,355
Adopt A RE SOLUTION 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 FU NDS, AND AMENDING THE FISCAL YEAR
2022-23 BUDGET BY APPROPRIATING FUNDS.

4. Adoption of a Resolution Acknowledging Receipt of the Fiscal Year 2021-22 Fire Inspection Performance Report

RESOLUTION NO: 22-29,356
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.

JOINT MEETING WITH THE POLICE COMMISSION:

5. Report from the Office of Independent Review Group Monitoring the Burbank Police Department

Mayor Talamantes introduced the following Police Commissioners:

Chair James Coomes, Vice-Chari Eva Lu, Mike Chapman, Michael Elman, Leila Forouzan, Romik Hacobian and Paul McKenna Jr.

Mike Albanese, Chief of Police, introduced Michael Gennaco and Stephen Conno lly, Office of Independent Review Group, who presented the report, and responded to City Council and Police Commission inquiries.
09/27/2022

5 First Motion

Second Motion

Roles and Duties of
the Police Commission

Staff Report

Motion

Meeting recessed/
reconvened

Final Environmental
Impact Report,
Statement of
Overriding
Considerations and
Findings of Fact and
Mitigation Monitoring
and Report Program,
2021-2029 Housing
Element, Safety
Element, and
Environmental Justice
General Plan Updates

Public Hearing
Opened

Staff Report

James Coomes, Police Chair, Eva Lu, Vice-Chair, Leila Forouzan, Commissioner and Paul McKenna Jr., Commissioner made remarks.

Council Action:

Vice-Mayor Anthony moved to note and file and send the twenty-one recommendations by the Office of Independent Review to the Police Commission. Motion died due to lack of second.

It was moved by Vice -Mayor Anthony, seconded by Council Member Schultz, carried 5-0 by Council Consensus to note and file the Office of Independent Review Group’s Report.

6. Continuation of Discussion of Roles and Duties of the Police Commission

Mike Albanese, Chief of Police, and James Coomes, Police Chair presented the report, and responded to City Council inquiries. Paul McKenna Jr., Commissioner, responded to City Council inquiries.

Council Action:

Council provided direction to staff and the Police Commission regarding Council’s expectations of the roles, duties, responsibilities, and/or assignments for the Police Commission.

The City Council Meeting recessed at 9:50 p.m. and reconvened at 10:00 p.m. with all Members present.

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 E lement, Safety Element, and Environmental Justice General Plan Updates

The Public Hearing was opened at 10:01 p.m. There were no Conflict of Interest Disclosures. City Clerk Mullins affirmed receipt of Proof of Publication; confirmed that there was a complete file of exhibits, correspondence including emails and other documents; and stated that 127 correspondences were received.

Shipra Rajesh, Project Planner from the Community Development Department presented a PowerPoint P resentation. Fred Ramirez, Assistant Community Development Director – Transportation and Planning, Richard Wilson, Assistant General Manager of Burbank Water and Power , Simone McFarland, Assistant Community Development Director – Business and Economic Development , Ken Berkman, Public Works Director and Scott Plamb aeck, Community 09/27/2022

6 Motion

Public Hearing Closed

Motion

Letter of Support for
Proposition 1, a
California Ballot
Proposition and State
Constitutional
Amendment for the
Right to Reproductive
Freedom

Staff Report

Motion

Development Department Planning Manager responded to Council inquiries.

Public Hearing Public Comment:

Appearing to comment were: None.

Calling in to comment were: Jerred Langford, Simon Hammel and April Fangio.

Council Action:

It was moved by Council Member Schultz , seconded by Vice- Mayor Anthony, carried 5-0 by a show of hands to continue with City business past 11:00 p.m.

There being no further questions, the Public Hearing was closed at 11:49 p.m.

Council Action:

It was moved by Council Member Schultz, seconded by Mayor Talamantes, carried 5-0 by roll call vote to adopt the resolutions and incorporate the language “and benefits” in the Housing Element Document.

RESOLUTION NO: 22-29,357
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 CALIFORN IA ENVIRONMENTAL
QUALITY ACT (CEQA).

RESOLUTION NO: 22-29,358
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.

REPORTS TO COUNCIL:

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

Viviana Garzon, Administrative Analyst II, City Manager’s Department, presented the Report.

Council Action:

It was moved by Council Member Springer, seconded by Council Member Schultz, carried 5- 0 by roll call vote, to forgo the customary 09/27/2022

7 Resolution No. 17-
28,970, Adopted Rules
for the Conduct of
Council Meetings,
Increasing Public
Participation and
Repealing Resolution
No. 27,515

Staff Report

First Motion

Second Motion

Council Comments

Introduction of
Additional Agenda
Items

Adjournment
second step in the additional agenda item process and direct staff to prepare and send a letter signed by all five Council Me mbers to the main supporters of Proposition 1: Governor Gavin Newsom, Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon.

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

Viviana Garzon, Administrative Analyst II, City Manager’s Department, presented the Report.

Council Action:

It was moved by Council Member Springer, seconded by Vice -Mayor Anthony, carried 4-1 (Schultz, dissent) by roll call vote, to restore three (3) minutes in person Public Comment Period after each “Reports to Council” Item starting October 4, 2022.

It was moved by Council Member Schultz, seconded by Vice-Mayor Anthony, carried 5-0 by roll call vote to bring back a 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.

COUNCIL COMMENTS:

Council Members reported out on events and meetings attended.

INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

Council Member Schultz requested a report on the Local Inspection Program for firearm retailers.

Council Member Springer requested a first step report on 1) The installation of an Armenian Genocide Memorial in Burbank ; 2) Employer Assisted Housing for Burbank.

ADJOURNMENT:

There being no further business to come before the City Council, the meeting was adjourned at 12:30 p.m., to Tuesday, October 4, 2022, for a Regular 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: October 11, 2022

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