Attachment 1
1 RESOLUTION NO. ________
A
RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A FIRST AMENDMENT TO AN
EXISTING LEASE WITH CLEAN ENERGY RELATED TO
THE TIME -FILL C OMPRESSED NATURAL GAS (CNG)
STATION AT THE PUBLIC WORKS YARD , AT 124 SOUTH
LAKE STREET
T
HE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. On
or about October 21, 2008, the City Council approved an agreement with Clean Energy for the leasing, construction and operation of a compressed natural gas ( “CNG”) fueling station located at the Public Works Yard, 124 South Lake Street (“Lease”). The purpose for such Lease was to allow Clean Energy’s construct ion and operation of a CNG fueling station to facilitate fueling of City-owned vehicles. The City Council also found as part of its approval that the Lease satisfied Burbank Municipal Code section 2-2-201 and furthered the public interest in alternative fuels, relieved congestion at existing public CNG stations, and provided adequate consideration for the City.
B. The L
ease has served the public interest in alternative fuels, relieved congestion at existing public CNG stations, and as such, provided adequate consideration for the City. However, the Lease is set to expire on September 1, 2022. To continue, the CNG fueling station needs improvements and upgrades that will be beneficial to the City’s existing fueling operations.
C. C
lean Energy and t he City desire to extend the terms of the Lease by another 10 years in accordance with the terms outlined in the First Amendment to the Lease, which would include approximately $870,000 of upgrades to the CNG fueling station. (“First Amendment”.)
D. U
nder the California Environmental Quality Act (CEQA) and the CEQA Guidelines, leasing or operation of, and minor alterations to, existing structures, involving negligible or no expansion of existing use, are exempt from CEQA. (See 14 CCR § 15301.)
T
HE COUNCIL OF THE CITY OF BURBANK RESOLVES AS FOLLOWS:
1. Environmental Review. The City Council exercises its independent judgment and finds, based upon the record before it, that this approval involves an extension of a lease agreement and minor site upgrades that do not result in any expansion of use related to the operation of a CNG station. As such, this activity is exempt from CEQA and no further environmental review is necessary.
2 2. Approval of First Amendment. The City Council approves the terms and provisions of the First Amendment . The City Manager or their designee is authorized to execute the First Amendment on behalf of the City and the City Clerk is authorized to attest this First Amendment.
3. Subsequent Extensions. The City Manager or their designee is authorized to execute any subsequent extension of the Lease if such extension’s provisions are the same or substantially similar to those set forth in this First Amendment.
PASSED and ADOPTED this _ _ day of October, 2022.
____________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________ By: ________________________
Zizette Mullins, MMC, City Clerk Kane Thuyen
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council o f the City of Burbank at its regular meeting held on the ____ day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
___________________
Zizette Mullins, MMC, City Clerk
Attachment 1 - Page 2