COUNCIL AGENDA - CITY OF BURBANK
TUESDAY, NOVEMBER 15, 2022
3:30 p.m. - Council Chamber,
275 E. Olive Avenue, Second Floor
This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting.
The agenda packet consisting of the staff reports and all other documentation relating to each item on this agenda are on file in the office of the City Clerk located at City Hall, 275 E. Olive Avenue, at the reference desks at the two public libraries located at 110 N. Glenoaks Boulevard and 300 N. Buena Vista Street during normal business hours, and will be posted on the City’s website at www.burbankca.gov
. Any writings or documents provided to the Council regarding any item on this agenda subsequent to distribution of the agenda packet will be made available for public inspection in the office of the City Clerk at City Hall located at 275 E. Olive Avenue, during normal business hours. If you have a question about any matter on the agenda, please call the office of the City Clerk at (818) 238-5851. The City Council Chamber is disabled accessible. Auxiliary aids and services are available for individuals with speech, vision or hearing impairments (48-hour notice is required). Please contact the ADA Coordinator at (818) 238-5424 with questions or concerns.
NOTICE IS HEREBY GIVEN that a Regular City Council Meeting will be held in the Council Chamber - 275 East Olive Avenue, Second Floor, on Tuesday, November 15, 2022, at 3:30 p.m., to discuss matters on the attached agenda.
Members of the public have the option to participate in the meeting via in-person and/or telephonically for General Public Comment and Public Hearings. They may also submit their written comments regarding City business using the eComment feature on the City website, or by emailing the City Council directly at [email protected] Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48-hour notice is required). For more information, please contact the ADA Coordinator at (818) 238-5051.
How to View the Meeting:
Local Cable: Spectrum Channel 6 or AT&T Uverse Channel 99.
YouTube Live Streaming Channel: Click here.
City Website Live Streaming: Click here.
Public Comment Options:
1. To speak during General Public Comment and Public Hearing Public Comment periods during the meeting, members of the public may speak in-person in the Council Chamber or call (818) 238-3335. Calls received will be placed in a queue and forwarded to the Mayor in real time after in-person comments have been received.
2. The Reports to Council Public Comment periods are only accepted in person.
3. eComment will remain open until 2:30 p.m. the night of the meeting.
4. Email the City Council directly [email protected].
Emails received on or before 2:30 p.m. on City Council Meeting day will be distributed to the City Council in advance of the meeting. Any correspondence received after this time will be distributed the following business day.
B.
Closed Session in City Hall First Floor Conference Room:
1. Conference with Legal Counsel – Existing Litigation
a.
Initiation of litigation pursuant to Govt. Code §54956.9(d)(1) b.
Name of Case: Cal. Auto Ins. Co. v. City of Burbank/Minney, et al. v. City of Burbank c.
Case No.: 22BBCV00174/22BBCV00319
d.
Brief description and nature of case: Non-Personal Injury/Property Damage
2. 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 City Employees’ Association, Burbank Management Association, International Brotherhood of Electrical Workers, Burbank Fire Fighters, International Association of Fire Fighters, Local 778, Burbank Fire Fighters – Chief Officers’ Unit, Burbank Police Officers Association, Unrepresented Managers (Z Group), Executives, City Attorney and City Manager
3. Public Employee Performance Evaluation
a.
Govt. Code §54957
b.
Title of Employee?s Position: City Attorney
A.
Public Comment: (Three minutes on Closed Session items only) To Comment, please telephone into the meeting at (818) 238-3335 or to speak in person, a PINK Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
C.
Call to Order: 6:00 p.m.
D.
Invocation: The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution.
E.
Flag Salute:
F.
Roll Call:
F.1
Adjournment in Memory of the 19th Anniversary of Burbank Police Officer Matthew Pavelka’s Passing F.2
November 8, 2022 General Municipal Election Update
G.
Announcements: (The Mayor will make announcements on various topics in addition to any listed) H.
Council Presentations/Recognitions: (The Mayor will make presentations to various groups/persons)
1. Presentation of a Proclamation Declaring November 13-19, 2022 as “Transgender Awareness Week” in the City of Burbank – City Council
2. Presentation of a Proclamation Declaring November 25 – December 10, 2022 as “16 Days of Activism Against Gender Violence” in the City of Burbank – City Council
3. Presentation of a Proclamation Declaring November 13-19, 2022 as "United Against Hate Week" in the City of Burbank – City Council I.
City Manager Report: (Updates on Notable Events, if any) J.
Presentation:
1. Informational Update on the Intermountain Power Project – Burbank Water and Power Department PowerPoint Presentation
K.
Reporting on Closed Session: (The City Attorney will report the Closed Session items and report out actions taken) L.
General Public Comment: (Three minutes on any matter concerning City business and/or any agenda items except the Public Hearing.) To Comment, please telephone into the meeting at (818) 238-3335 or to speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
M.
Council, City Manager, and/or City Attorney Comment: (Responses to General Public Comment, if any, shall be brief and in accordance with the Ralph M. Brown Act) N.
Consent Calendar: (Items on the Consent Calendar are generally routine matters and should be adopted by one motion without an oral report)
1. Adoption of an Ordinance Amending the Burbank Municipal Code in its Entirety to Replace “Planning Board” with “Planning Commission” – City Clerk’s Office Recommendation:
Adopt 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.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Ordinance No. 22-3,983
2. City Council Minutes - City Clerk’s Office
Recommendation:
Approve the City Council Minutes of the Regular Meeting of October 25, 2022.
MOTION: Approved 5-0
City Council Minutes
3. Adoption of a Resolution Approving Contract Documents and Awarding a Construction Contract to Creative Home/DBA: CHI Construction for the Providencia Sewer Improvement Project, Phase 2 - Public Works Department Recommendation:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR BID SCHEDULE NO. 1508 - PROVIDENCIA SEWER IMPROVEMENT PROJECT, PHASE 2 TO CREATIVE HOME/ DBA: CHI CONSTRUCTION.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Resolution No. 22-29,375
4. Adoption of a Resolution Approving Contract Documents and Awarding a Construction Contract to Toro Enterprises Inc. for the 2021 Annual Arterial Pavement Rehabilitation Project on San Fernando Boulevard, Victory Boulevard, and Burbank Fire Training Center Parking Lot – Public Works Department Recommendation:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR BID SCHEDULE NO. 1506 – 2021 ARTERIAL PAVEMENT REHABILITATION PROJECT, TO TORO ENTERPRISES, INC., AND APPROVING SIGNING AND STRIPING PLAN NO. 5126.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Resolution No. 22-29,376
5. Adoption of a Resolution Ordering the Summary Vacation (V-424) of a Public Service Easement at 502 N. Bel Aire Drive and Finding of Categorical Exemption Under the California Environmental Quality Act – Community Development Department Recommendation:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT AT 502 BEL AIRE DRIVE, BURBANK, CALIFORNIA (V-424) AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Resolution No. 22-29,377
6. Adoption of a Resolution Approving the Reimbursement for Expenditures from Bond Issuance – Burbank Water and Power Department Recommendation:
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENTION TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF A PROPOSED TAX-EXEMPT BOND FINANCING, AS REQUIRED BY UNITED STATES DEPARTMENT OF TREASURY REGULATIONS SECTION 1.150-2.
MOTION: Adopted 5-0
Staff Report
Attachment 1
Resolution No. 22-29,378
O.
Public Hearing:
7. Adoption of a Resolution Approving an Associate Membership Agreement Between the City of Burbank and the California Enterprise Development Authority, and Adoption of a Resolution Approving the Issuance of California Enterprise Development Authority Revenue Obligations in an Amount Not to Exceed $11,000,000 for the Benefit of International School of Los Angeles-Lycee International de Los Angeles - Financial Services Department
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (the “Authority”) of not to exceed $11,000,000 of the Authority’s revenue obligations (the “Obligations”) for the benefit of International School of Los Angeles—Lycee International de Los Angeles, a California nonprofit public benefit corporation (the “Borrower”).
2. Adopt A RESOLUTION APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF BURBANK IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY.
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF INTERNATIONAL SCHOOL OF LOS ANGELES-LYCEE INTERNATIONAL DE LOS ANGELES IN AN AGGREGATE MAXIMUM STATED PRINCIPAL AMOUNT OF $11,000,000 FOR THE PURPOSE OF FINANCING, REFINANCING AND/OR REIMBURSING THE COST OF ACQUISITION, CONSTRUCTION, IMPROVEMENT, EQUIPPING AND FURNISHING OF FACILITIES, PROVIDING THE TERMS AND CONDITIONS FOR SUCH REVENUE OBLIGATIONS AND OTHER MATTERS RELATING THERETO. *** If Additional Documents/Correspondences are submitted for this item, they will be periodically posted to the City website for public viewing. *** Public Hearing Public Comment: To speak in person, a SALMON Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Correspondences
Resolution No. 22-29,379
Resolution No. 22-29,380
P.
Reports to Council: (Items listed under this section will have an oral report provided)
8. Appointment to Fill One Vacancy on the Transportation Commission and Fill One Vacancy on the Landlord-Tenant Commission for Unexpired Terms - City Clerk’s Office Recommendation:
Appoint One Member to the Transportation Commission to fill an unexpired term ending July 31, 2025 and Appoint One Member to the Landlord-Tenant Commission to fill an unexpired term ending July 31, 2024.
Staff Report
Attachment 1
Attachment 2
Attachment 3
Public Comment: To speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action:
Transportation Commission John “Brooks” Pipher appointed Landlord-Tenant Commission Christopher Toth appointed
9. Approval of a Five-Year Homelessness Plan (2022/23 - 2027/28) - Community Development Department Recommendation:
Approve the City of Burbank Five-Year Homelessness Plan (2022/23 - 2027/28) with action-oriented solutions, goals, and metrics to address the needs of Burbank's unhoused residents and help those at-risk of becoming homeless.
Staff Report
Attachment 1
Attachment 2
PowerPoint Presentation
Public Comment: To speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action: Approved 5-0
10. Adoption of a Resolution Authorizing the Execution of Verdugo Restaurant Corporation (The Castaway) Lease Located at 1250 Harvard Road - Community Development Department Recommendation:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN AMENDED AND RESTATED LEASE WITH THE VERDUGO RESTAURANT CORPORATION FOR THE CASTAWAY, LOCATED AT 1250 HARVARD ROAD.
Staff Report
Attachment 1
Attachment 2
Resolution No. 22-29,381
PowerPoint Presentation
Public Comment: To speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action: Adopted 5-0
11. Review of the General Fund’s Financial Status as of September 30, 2022 - Financial Services Department Recommendation:
Note and file.
Staff Report
Attachment 1
Attachment 2
PowerPoint Presentation
Public Comment: To speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action: Note and file 5-0
12. Introduction of an Ordinance Amending and Restating Articles 2-4-6 (Transient Occupancy Tax) and 2-4-19 (Transient Parking Tax) of the Burbank Municipal Code to Revise Penalties for Failure to Comply with Audit Requests, Clarify Tax Administrator Powers and Other Clarifying Amendments - Financial Services Department Recommendation:
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING AND RESTATING ARTICLES 2-4-6 (TRANSIENT OCCUPANCY TAX) AND 2-4-19 (TRANSIENT PARKING TAX) OF THE BURBANK MUNICIPAL CODE TO REVISE PENALTIES FOR FAILURE TO COMPLY WITH AUDIT REQUESTS, CLARIFY TAX ADMINISTRATOR POWERS AND OTHER CLARIFYING AMENDMENTS.
Staff Report
Attachment 1
Attachment 2
Attachment 3
Public Comment: To speak in person, a YELLOW Public Comment Card must be completed and presented to the City Clerk prior to the comment period.
Council Action: Introduced 5-0
Q.
Council Comments: (Including reporting on Council committee assignments, attendance at conferences and regional meetings) R.
Introduction of Additional Agenda Items: (Council Members may request future agenda items) S.
Adjournment: In Memory of the 19th Anniversary of Burbank Police Officer Matthew Pavelka’s Passing, to Tuesday, December 6, 2022, for a Regular Meeting in the Council Chamber - 275 East Olive Avenue, Second Floor.