1 RESOLUTION NO. 22-29,359
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A SECOND AMENDMENT TO THE
EXISTING OPERATING AGREEMENT WITH CLEAN
ENERGY RELATED TO THE COMPRESSED NATURAL
GAS (CNG) STATION AT 810 NORTH LAKE STREET
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. On or about July 23, 2002, the City Council approved an agreement with Clean Energy for the design, construction and 10- year management and operation of a compressed natural gas (“CNG”) fueling station located at 810 N. Lake Street (“Operating Agreement”). The purpose for such Operating Agreement was to provide an alternative location to facilitate fueling of City -owned vehicles if the City Public Works Yard fueling stations were unavailable.
B. On July 29, 2008, the City Council approved a First Amendment to the Operating Agreement that extended the original terms of the Operating Agreement by 10 years. As one of the terms for such renewal, Clean Energy agreed to provide upgrades to the CNG fueling station.
C. Clean Energy and t he City desire to extend the terms of the Operating Agreement by another 10 years in accordance with the terms outlined i n the Second Amendment to Operating Agreement, which would include further upgrades to the CNG fueling station. (“Second Amendment”.)
D. Under the California Environmental Quality Act (CEQ A) and the CEQA Guidelines, operation of and minor alterations to existing structures, involving negligible or no expansion of existing use, are exempt from CEQA. (See 14 CCR § 15301.)
THE 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 an operating agreement and minor site upgrades that do not result in any expansion of use. A s such, this activity is exempt from CEQA and no further environmental review is necessary.
2. Approval of Second Amendment. The City Council approves the terms and provisions of the Second Amendment. The City Manager or their designee is authorized to execute the Second Amendment on behalf of the City and the City Clerk is authorized to attest this Second Amendment.
22-29,359
2 3. Subsequent Extensions. The City Manager or their designee is authorized to execute any subsequent extension of the O perating Agreement if such extension’s provisions are the same or substantially similar to those set for th in this Second Amendment.
PASSED and ADOPTED this 4th day of October, 2022.
s/Jess A. Talamantes_________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
s/Zizette Mullins______________ By: _s/Kane Thuyen___________ 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 4th day of October, 2022, by the following vote:
AYES: Frutos, Schultz, Springer, Anthony and Talamantes.
NOES: None.
ABSENT: None.
s/Zizette Mullins_______________
Zizette Mullins, MMC, City Clerk