1 STAFF REPORT
DATE: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Zizette Mullins, MMC, City Clerk
BY: Melissa Dekermenji, CMC, Administrative Analyst II
SUBJECT: Appointment to Fill One Vacancy on the Transp ortation Commission and Fill One Vacancy on the Landlord-Tenant Commission for Unexpired Terms
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.
BACKGROUND
All Board, Commission, and Committee (BCC) Members shall be appointed by a three- fifths (3/5) vote of all Council Members and serve without compensation from the City. No person shall serve on more than one BCC at the same time. Vacancies on a BCC occurring during the term of office shall be filled within ninety (90) days from the date the vacancy occurs. Any person appointed to fill a vacancy shall hold office for the remainder of the unexpired term. In addition, all applicants must be electors of, and actually reside in, the City of Burbank with the exception of three positions on the Burbank Cultural Arts and the Sustainable Burbank Commissions as established in Ordinance No. 16- 3,874 adopted 2/9/2016. (Per BMC Sections 2-1-404, 2-1-405, 2-1-406, and 2-1-407)
Once a vacancy is established, the City Clerk advertises the vacancy for 30 days, accepts applications, and provides applications received to the City Council for consideration.
The voting process established allows for each Council Member to vote as many times as there are vacancies on the BCC being considered; and the applicants receiving a majority of the votes in the first round are either appointed or move into the second round, if necessary. The process continues for as many rounds as are necessary to attain the correct number of applicants to fill the vacancy.
CITY CLERK’S
OFFICE
2 Transportation Commission
The Transportation Commission was established on January 6, 1942. On April 19, 1986, Ordinance No. 3025 established the Transportation Commission. The Transportation Commission consists of seven (7) members. The City Council shall give consideration to appointing persons affiliated with the following groups: small businesses, large businesses, transportation technology research and development organizations, homeowners, the Burbank -Glendale-Pasadena Airport Authority, transportation management organizations or associations, and other special needs groups such as senior citizens, persons with disabilities and bicyclists. The Transportation Commission shall have the following powers and duties: to make recommendations to the City Council on transportation planning issues including, but not limited to, the transportation element of the General Plan and its components; to make recommendations on the expenditure of Proposition A funds, Proposition C funds, air quality funds and bonds, fees, loans and grants for the purpose of funding transportation improvements; to make recommendations on transportation plans, policies and programs, including, but not limited to, pedestrian orientation, telecommuting, intermodal transportation centers and new technologies and to perform such advisory functions as are delegated to it by the provisions of this code or other action of the City Council.
Landlord-Tenant Commission
According to the City Council minutes dated December 18, 1979, the Landlord- Tenant Voluntary Arbitration Committee was established by the City Council “as a panel to attempt to solve some of the problems of the renters and the landlord.” The makeup of the committee did not distinguish a specific composition. On July 2, 1985, the City Council formally changed the Committee to the Landlord- Tenant Commission by adopting Ordinance No. 3008. The Commission often addresses a wide variety of issues, including conflicts involving property maintenance, repairs, lease disagreements, evictions, rent increases, and at times mediates between the landlord and the tenants. The Commission has limited ability to solve all problems unless the issue involves a potential violat ion of the Municipal Code or other local regulations. However, the Commission can often resolve issues involving property maintenance by referring the complaint to the Code Enforcement Division to determine if a health or safety violation has occurred. The Commission consists of five (5) members. Of the current four (4) members, two (2) are landlords, one (1) is a tenant, and one (1) is neither a landlord nor tenant.
DISCUSSION
On September 23, 2022, the City Clerk's Office began advertising and accepting applications for one vacancy on Transportation Commission for an unexpired term ending July 31, 2025 created by the resignation of John Carrier, due to professional obligations.
Subsequently, on October 5, 2022, the City Clerk's Office began advertising and accepting applications for one vacancy on the Landlord- Tenant Commission for an 3 unexpired term ending July 31, 2024, created by the resignation of Darin Chase, as he is no longer available to serve.
To obtain qualified candidates, a Notice of Unscheduled Vacancy was advertised through the following:
• The City website
• City Council meeting announcements
• All social media platforms overseen by the City Clerk’s Office • Press release sent to The LA Times, Burbank Leader, and MyBurbank.com • Notices posted on the City Hall Bulletin Board
• Community Groups and Organizations
The deadline to submit applications to the City Clerk’s Office for the Transportation Commission was Monday, October 24, 2022, at 5:00 p.m. The City Clerk’s Office received six (6) applications for the Transportation Commission: Roya Falahati, James Ingram, Nathan Adair, Viken Kotoyan (second choice), Melinda Amato, and John "Brooks" Pipher.
The deadline to submit applications to the City Clerk’s Office for the Landlord- Tenant Commission was Friday, November 4, 2022, at 5:00 p.m. The City Clerk’s Office received five (5) applications: Mike Van Gorder, Viken Kotoyan (first choice), Christopher Toth , Ben Contreras, and Janis Cohen-Milch.
The applications are listed in order received and all applicants have met the City of Burbank COVID-19 Vaccination Policy requirement.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CONCLUSION
The City and the community both realize substantial benefits from civic involvement.
Appointments to the boards, commissions, and committees help to encourage public participation in the governmental process and ensure Burbank residents have a voice.
ATTACHMENT
Attachment 1 – Applications and Resumes
Attachment 2 – Burbank Municipal Code Section 2-1-419
Attachment 3 – Burbank Municipal Code Section 2-1-417