1 CITY OF BURBANK
CITY COUNCIL REGULAR MEETING MINUTES
TUESDAY, OCTOBER 4, 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 4:02 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
There being no 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 Management Association, Burbank City Employees’ Association
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 6:01 p.m. by Mayor Talamantes.
10/04/2022
2 Invocation
Flag Salute
Roll Call
Present:
Absent:
Also Present:
The Invocation was given by Dave Lessley, Parish Associate from First Presbyterian Burbank.
The Pledge of Allegiance was led by Members of Burbank Troop 204.
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 five (5) periods of Public Comment - one period of General Public Comment, one period during the Public Hearing, and one period during the Report to Council at this evening’s meeting and those who wish to participate in General Public Comment may call in at (818) 238-3335. The Reports to Council Public Comment period will only be taken in person.
Mayor Talamantes requested a moment of silent in honor of the families who lost their loved ones in the State of Florida as hurricane Ian made landfall in the state at category 4 strength this past week. Our thoughts and prayers are with the residents in the State of Florida.
ANNOUNCEMENTS:
Mayor Talamantes displayed a PowerPoint Presentation announcing the following: 1) California High -Speed Rail Authority Draft Environm ental Report; 2) Planning Board Vacancy; 3) Transportation Commission Two (2) Vacancies; and 4) Our Burbank 311 App.
COUNCIL PRESENTATIONS/RECOGNITIONS:
Mayor Talamantes presented a Proclamation Declaring October 2022 as “Domestic Violence Awareness Month” in the City of Burbank and invited members of the City of Burbank’s Domestic Violence Task Force to the podium and introduced Ms. Laurie Bleick , Executive Director of Family Service Agency who made remarks.
CITY MANAGER REPORT:
City Manager Hess indicated there were no items to report.
PRESENTATIONS:
Mayor Talamantes introduced Kyra Ross and David Jones from Emanuels Jones and Associates who presented a State Legislative Update and responded to City Council inquiries.
REPORTING ON CLOSED SESSION:
City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session items and reported that the City Council unanimously approved a settlement agreement with Pickwick Investment, LLC . The City brokered a settlement agreement between the developer Pickwick Investment, LLC and the Intervener the Friends of the Rancho for Equestrian Sa fety. The agreement calls for an amended project consisting of 92 units which incorporates an equestrian 10/04/2022
3 Public Comment
Motion
Adoption of a
Resolution approving a
Second Amendment to
the Existing Operating
Agreement with Clean
Energy, a California
corporation, related to
the Compressed
Natural Gas Station at
810 North Lake Street
Adoption of a
Resolution approving a
First Amendment to
the Existing Lease with
Clean Energy, a
California corporation,
related to the Time-Fill
Compressed Natural
Gas Station at the
Public Works Yard at
124 South Lake Street
Adoption of an Interim
Urgency Ordinance
Establishing a
Moratorium on New
and Replacement
Restaurants with
Drive-Throughs and
the Conversion of
Businesses with Drive-
trail and other pedestrian and equestrian safety measures. It preserves the existing width of Main Street and provides other measures to mitigate construction impacts to nearby residents such as installation of sound blankets on chain link fencing during construction. These project improvements with be described in the developer’s amended application which has not been submitted and it will be scheduled for City Council consideration at a noticed Public Hearing on Tuesday, October 25, 2022.
GENERAL PUBLIC COMMENT:
Appearing to comment were: Mr. Smith, Francesca Fitchett, Sarkis Simonian, Antranik Jarchafjian, Juan Guillen, and Andre Dionysian.
Calling in to comment was: none.
COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:
Council Members responded to Public Comment.
CONSENT CALENDAR:
It was moved by Council Member Schultz , seconded by Vice-Mayor Anthony, carried 5-0 by roll call vote, to approve the Consent Calendar.
1. Adoption of a Resolution approving a Second Amendment to the Existing Operating Agreement with Clean Energy, a California corporation, related to the Compressed Natural Gas Station at 810 North Lake Street
RESOLUTION NO. 22-29,359
Adopt 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.
2. Adoption of a Resolution approving a First Amendment to the Existing Lease with Clean Energy, a California corporation, related to the Time- Fill Compressed Natural Gas Station at the Public Works Yard at 124 South Lake Street
RESOLUTION NO. 22-29,360
Adopt 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
COMPRESSED NATURAL GAS (CNG) STATION AT THE PUBLIC
WORKS YARD, AT 124 SOUTH LAKE STREET.
PUBLIC HEARING:
3. Adoption of an Interim Urgency Ordinance Establishing a Moratorium on New and Replacement Restaurants with Drive- Throughs and the Conversion of Businesses with Drive -Throughs into Drive -Through Restaurants Citywide
The Public Hearing was opened at 7:12 p.m. There were no Conflict of Interest disclosures. City Clerk Mullins confirmed that there was a 10/04/2022
4 Throughs into Drive-
Through Restaurants
Citywide
Staff Report
Motion
Adopt a Resolution
Adopting a Revised
Speed Hump Policy
Staff Report
Motion
complete file of exhibits, correspondence including emails and other documents; and that a total of one (1) written correspondences were received.
Joseph Onyebuchi, Associate Planner, Community Development Department, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Hearing Public Comment:
Appearing to comment was: None.
Calling in to comment was: None.
The Public Hearing was closed at 7:27 p.m.
Council Action:
It was moved by Council Member Frutos, seconded by Council Member Springer, carried 5-0 by roll call vote, to:
ORDINANCE NO. 22-3,979
Adopt AN INTERIM URGENCY ORDINANCE OF THE COUNCIL OF
THE CITY OF BURBANK ESTABLISHING A MORATORIUM ON
NEW AND REPLACEMENT RESTAURANTS WITH DRIVE -
THROUGHS AND THE CONVERSION OF BUSINESSES WITH
DRIVE-THROUGHS INTO DRIVE -THROUGH RESTAURANTS
CITYWIDE. (4/5th vote required)
REPORTS TO COUNCIL:
4. Adoption of a Resolution Adopting a Revised Speed Hump Policy
Ken Berkman, Public Works Director, and Edward Yu, Traffic Engineering Manager, Public Works Department, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment was: None.
Council Action:
It was moved by Council Member Schultz, seconded by Vice- Mayor Anthony, carried 5-0 by roll call vote, to:
RESOLUTION NO. 22-29,361
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK ADOPTING A REVISED SPEED HUMP POLICY.
10/04/2022
5 Introduction of an
Ordinance Amending
Section 6-1-1501 of
the BMC, Relating to
Prima Facie Speed
Limits on Certain
Segments of San
Fernando Boulevard
between the North City
Limits and Lincoln
Street
Staff Report
Motion
Request to Consider
Writing a Letter to
President Biden and
the United States
Congress to Suspend
the Section 907
Waiver to no Longer
Provide United States
Military Assistance to
Azerbaijan
Staff Report
Motion
5. Introduction of an Ordinance Amending Section 6 -1-1501 of the Burbank Municipal Code, Relating to Prima Facie Speed Limits on Certain Segments of San Fernando Boulevard between the North City Limits and Lincoln Street
Ken Berkman, Public Works Director, presented the r eport and responded to City Council inquiries.
Public Comment:
Appearing to comment were: Mike Hollis and Jason Lewis.
Council Action:
It was moved by Council Member Schultz , seconded by Council Member Frutos, carried 5-0 by roll call vote, to:
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING SECTION 6 -1-1501 OF THE BURBANK
MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS ON
CERTAIN SEGMENTS OF SAN FERNANDO BOULEVARD
BETWEEN THE NORTH CITY LIMITS AND LINCOLN STREET.
6. Request to Consider Writing a Letter to President Biden and the United States Congress to Suspend the Section 907 Waiver to no Longer Provide United States Military Assistance to Azerbaijan
Viviana Garzon, Administrative Analyst II, City Manager’s Department, presented the report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: None.
Council Action:
It was moved by Vice -Mayor Anthony , seconded by Mayor Talamantes, carried 5-0 by roll call vote, as amended to 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 President Biden, Speaker of the House of Representatives Nancy Pelosi, U.S. Senate Majority Leader Charles Schumer , U.S.
Senator Alex Padilla, U.S. Senator Dianne Feinstein, Congressman Adam Schiff, and Congressman Brad Sherman to suspend the Section 907 Waiver to no longer provide U.S Military assistance to Azerbaijan.
10/04/2022
6 Council Comments
Introduction of
Additional Agenda
Items
Adjournment
COUNCIL COMMENTS:
Council Members reported out on events and meetings attended.
INTRODUCTION OF ADDITIONAL AGENDA ITEMS:
Council Member Frutos requested a n informational report on the City’s contract with Girard & Peterson Impound Facility.
Council Member Springer requested a first step report on the creation of a City Housing Voucher Program.
ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 8:39 p.m., to Tuesday, October 11, 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: October 11, 2022