1 STAFF REPORT
DATE: November 1, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Zizette Mullins, MMC, City Clerk
BY: Alyssa Meredith, CMC, Administrative Analyst II
SUBJECT: Introduction of an Ordinance Amending the Burbank Municipal Code in its Entirety to Replace “Planning Board” with “Planning Commission”
RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
AMENDING THE BURBANK MUNICIPAL CODE IN ITS ENTIRETY TO REPLACE PLANNING BOARD WITH PLANNING COMMISSION (Attachment 1).
BACKGROUND
The Planning Board (originally Advisory City Planning Committee to the Board of Trustees) was established on January 30, 1923. On December 8, 1953, Council adopted Ordinance No. 1290, changing the Planning Commission to Planning Board in the Burbank Municipal Code. The Planning Board is composed of five (5) members and shall have the Powers and Duties of the Board: The Planning Board shall have and exercise all powers and duties granted to it by any provision or provisions of this code and shall also have and exercise any power and duties accruing to it by Section 215 of the Charter.
DISCUSSION
Government Code Section 87200 identifies city elected officials, Pl anning Commissioners, Chief Operating Officer, and City Treasurer as statutory filers who are required to file Statements of Economic Interests.
The Fair Political Practices Commission (FPPC) has primary responsibility for the impartial and effective administration of the Political Reform Act. The mission of the Act is to serve as the legal bedrock of governmental ethics in California.
State Planning and Zoning Law refers to Planning Commissions, not Boards. The FPPC has been rejecting all Statement of Economic Interest (Form 700) filings for all Planning Board Members for the past two years, due to conflicting language of Planning Board vs.
Planning Commissioner. Each year staff spends a significant amount of time discussing CITY CLERK’S
OFFICE
2 with the FPPC the situation to ensure the Planning Board members and the City are in compliance with the State law. Most recently the FPPC notified the City Clerk’s Office that they would no longer be accepting filings as of December 31, 2022, unless they were identified as Planning Commissioners.
To be in compliance with Government Code Section 87200, staff is requesting the name “Planning Board” be changed throughout the Burbank Municipal Code (BMC) to “Planning Commission”. This is an administrative change only and all functions will remain the same. The Burbank City Charter in Article 7, Section 700, mentions the “Planning Board” which in the future , when a Charter Amendment is proposed to the Burbank electorate, the official change in title from “Planning Board” to “Planning Commission” will be recommended.
FISCAL IMPACT
The City of Burbank ’s existing Codification Vendor, Code Publishing Company, has provided a proposal for an estimate in the amount of $ 225 for the completion of this Project. The City Clerk’s Office has identified FY 2022-23 Budget funding for this Project in Account 001.CC01A. 62170.
CONCLUSION
Staff recommends the adoption of the attached Ordinance to align the BMC with Government Code Section 87200.
ATTACHMENTS
Attachment 1 – Ordinance
Attachment 2 – Code Publishing Company Proposal