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Minutes

Burbank City Council
November 15, 2022

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Minutes
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November 15, 2022
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1 CITY OF BURBANK

CITY COUNCIL MEETING MINUTES
TUESDAY, NOVEMBER 15, 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 3:32 p.m. by Mayor Talamantes.

Council Members Frutos (arrived 4:00 p.m.), Schultz, and Springer, Vice- Mayor Anthony, and Mayor Talamantes.

None.

City Manager Hess , City Attorney McDougall (arrived 3:35 p.m.) , and Administrative Analyst Gamez.

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. 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

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 6:04 p.m. by Mayor Talamantes.

Invocation

Flag Salute

The Invocation was given by Reverend KC Wahe , First Presbyterian Church in Burbank.

The Pledge of Allegiance was led by Mayor Talamantes.

11/15/2022

2 Roll Call

Present:

Absent:

Also Present:

Memorial Adjournment

Council Members Frutos, Schultz, and Springer, Vice-Mayor Anthony, and Mayor Talamantes.

None.

City Manager Hess, City Attorney McDougall, and Administrative Analyst Gamez.

Mayor Talamantes indicated there would be seven (7) periods of Public Comment - one period of General Public Comment, one period during the Public Hearing, and one period during the Report s 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.

Tonight Council will adjourn in Memory of the 19th Anniversary of Burbank Police Officer Matthew Pavelka’s Passing. On this day, 19 Years Ago, 26 year-old Burbank Police Officer Matthew Pavelka, w ho had been in the department for 10 months after serving five years in the United States Air Force, responded to a call for back-up during a traffic stop. Two suspects exited their vehicle and opened fire on the Officers. Officer Pavelka a nd his partner were able to return fire and kill one of the Suspects. Both Officers were transported to a local hospital where Officer Pavelka succumbed to h is injuries. Today, the Men and Women of the Burbank Police Department, City Employees and the Entire Community mourn and remember Officer Pavelka’s sacrifice. Mayor Talamantes invited Michael Hastings, President of the Burbank Police Foundation to the podium who made remarks and invited members of the Burbank Police Officers Association to join him at the podium.

Mayor Talamantes invited Xiomara Gamez, Administrative Analyst II, City Clerks Office, who provided an election update.

ANNOUNCEMENTS:

Mayor Talamantes displayed a PowerPoint Presentation announcing the following: 1) Boards, Commissions, and Committees Vacancies: Senior Citizen Board, Heritage Commission, Greater Los Angeles County Vector Control District, Metropolitan Water District Board of Directors; 2) Downtown Burbank San Fernando Blvd. Rec onfiguration Project – Community Meetings; 3) Media District Specific Plan; 4) Buena Vista Branch Library 20th Anniversary; and, 5) Mayor’s Tree Lighting.

COUNCIL PRESENTATIONS/RECOGNITIONS:

Mayor Talamantes presented a Proclamation Declaring November 13-19, 2022 as “Transgender Awareness Week” in the City of Burbank and introduced Isabel Omero, Sponsorship Chair of Burbank Pride, who made remarks.

Mayor Talamantes presented a Proclamation Declaring November 25 – December 10, 2022 as “16 Days of Activism Against Gender Violence” in the City of Burbank and introduced Gloria Salas, Advocacy Chair of Zonta Club-Burbank Area and Lieutenant Governor of Zonta International-District 9, who made remarks.
11/15/2022

3 Joint Public Comment

Motion

Adoption of an
Ordinance Amending
the Burbank Municipal
Code in its Entirety to
Replace “Planning
Board” with “Planning
Commission”

City Council Minutes

Adoption of a
Resolution Approving
Contract Documents
and Awarding a
Construction Contract
to Creative
Home/DBA: CHI
Construction for the
Providencia Sewer
Mayor Talamantes presented a Proclamation Declaring November 13-19, 2022 as "United Against Hate Week" in the City of Burbank and introduced Marsha Ramos, Board Member of the Burbank Human Relations Council, who made remarks.

CITY MANAGER REPORT:

City Manager Hess invited Burbank Fire Chief Eric Garcia to the podium who provided an update on Fire Department Staffing.

PRESENTATIONS:

Mayor Talamantes introduced Mandip Samra, Burbank Water and Power Assistant General Manager of Power Supply , who p rovided an Informational Update on the Intermountain Power Project.

REPORTING ON CLOSED SESSION:

City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session items but did not take any reportable action.

JOINT GENERAL PUBLIC COMMENT:

Appearing to comment were: Charles Zidell, Michael Elric, and Gary Sutliff.

Calling in to comment was: None.

COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:

Council Members and City Manager responded to Public Comment.

CONSENT CALENDAR:

It was moved by Council Member Frutos, seconded by Council Member Schultz, carried 5-0 by roll call vote, to approve the Consent Calendar.

1. Adoption of an Ordinance Amending the Burbank Municipal Code in its Entirety to Replace “Planning Board” with “Planning Commission”

ORDINANCE NO. 22-3,983
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.

2. City Council Minutes

Approve the City Council Minutes of the Regular Meeting of October 25, 2022.

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

RESOLUTION NO. 22-29,375
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING AND ADOPTING CONTRACT

DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING
11/15/2022

4 Improvement Project,
Phase 2

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

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

Adoption of a
Resolution Approving
the Reimbursement for
Expenditures from
Bond Issuance

Associate Membership
Agreement - California
Enterprise
Development
Authority, and
Approving the
Issuance of California
Enterprise
Development Authority
Revenue Obligations

THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,

ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A
CONTRACT FOR BID S CHEDULE NO. 1508 – PROVIDENCIA
SEWER IMPROVEMENT PROJECT, PHASE 2 TO CREATIVE
HOME/ DBA: CHI CONSTRUCTION.

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

RESOLUTION NO. 22-29,376
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING AND ADOPTING CONTRACT

DOCUMENTS, PLANS AN D 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 S IGNING AND STRIPING
PLAN NO. 5126.

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

RESOLUTION NO. 22-29,377
Adopt A RESOLUTION OF THE C OUNCIL 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.

6. Adoption of a Resolut ion Approving the Reimbursement for Expenditures from Bond Issuance

RESOLUTION NO. 22-29,378
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.

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 Int ernational de Los Angeles

11/15/2022

5 for the Benefit of
International School of
Los Angeles —Lycee
International de Los
Angeles

Public Hearing
Opened

Staff Report

Public Hearing Public
Comment

Public Hearing Closed

Motion

The Public Hearing was opened at 7:25 p.m. There were no Conflict of Interest disclosures. Administrative Analyst Xiomara Gamez affirmed receipt of Proof of Publication; confirmed that there was a complete file of exhibits, correspondence including emails and other documents; and that no written correspondences were received.

Jennifer Becker, Financial Services Director, presented the Presentation and responded to City Council inquiries.

Public Hearing Public Comment:

Appearing to comment was: none.

Calling in to comment was: none.

Jennifer Becker, Financial Services Director, and John Fleck, Chief Financial Officer, International School of Los Angeles — Lycee International de Los Angeles responded to City Council inquiries.

The Public Hearing was closed at 7:41 p.m.

Council Action:

It was moved by Vice -Mayor Anthony, seconded by Council Member Schultz, carried 5-0 by roll call vote, to:

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”).

RESOLUTION NO. 22-29,379
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.

RESOLUTION NO. 22-29,380
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 ACQ UISITION,
11/15/2022

6 Appointment to Fill
One Vacancy on the
Transportation
Commission and Fill
One Vacancy on the
Landlord-Tenant
Commission for
Unexpired Terms

Staff Report

Motion

Approval of a Five-
Year Homelessness
Plan (2022/23 –
2027/28)

Staff Report

Motion

CONSTRUCTION, IMPROVEMENT, EQUIPPING AND FURNISHING

OF FACILITIES, PROVIDING THE TERMS AND CONDITIONS FOR

SUCH REVENUE OBLIGATIONS AND OTHER MATTERS
RELATING THERETO.

REPORTS TO COUNCIL:

8. Appointment to Fill One Vacancy on the Transportation Commission and Fill One Vacancy on the Landlord- Tenant Commission for Unexpired Terms

Melissa Dekermenji , Administrative Analyst II, City Clerk’s Office , presented the Report.

Public Comment:

Appearing to comment was: John “Brooks” Pipher.

Council Action:

It was unanimously approved 5 -0, to appoint John “Brooks” Pipher to the Transportation Commission for an unexpired term ending July 31, 2025 and unanimously approved 5 -0, to appoint Christopher Toth to the Landlord-Tenant Commission for an unexpired term ending July 31, 2024.

9. Approval of a Five-Year Homelessness Plan (2022/23 – 2027/28)

Marcos Gonzalez, Housing Development Manager, Simone
McFarland, Assistant Community Development Department Economic Development and Housing, and Bob Newman, StreetPlus Operations Manager, 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 Council Member Frutos, carried 5 -0 by roll call vote, to 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.

11/15/2022

7 Authorizing the
Execution of Verdugo
Restaurant
Corporation (The
Castaway) Lease at
1250 Harvard Road

Staff Report

Motion

Review of the General
Fund’s Financial Status
as of September 30,
2022

Staff Report

Motion

Amending and
Restating BMC Articles
2-4-6 and 2-4-19 to
Revise Penalties for
Failure to Comply with
Audit Requests, Clarify
Tax Administrator
Powers, and Other
Clarifying
Amendments

Staff Report

10. Adoption of a Resolution Authorizing the Execution of Verdugo Restaurant Corporation (The Castaway) Lease Located at 1250 Harvard Road

Simone McFarland, Assistant Community Development Department Economic Development and Housing, presented the PowerPoint presentation and responded to City Council inquiries.

Public Comment:

Appearing to comment was: None.

Council Action:

It was moved by Mayor Talamantes, seconded by Council Member Springer, carried 5-0 by roll call vote, to:

RESOLUTION NO. 22-29,381
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.

11. Review of the General Fund’s Financial Status as of September 30, 2022

Jennifer Becker, Financial Services Director, presented the PowerPoint presentation and responded to City Council inquiries.

Public Comment:

Appearing to comment was: None.

Council Action:

It was unanimously approved by City Council Consensus and carried 5-0 by a show of hands, to note and file.

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

Susan Langford, Revenue Manager, presented the report and responded to City Council inquiries.

Public Comment:

Appearing to comment was: None.
11/15/2022

8 Motion

Council Comments

Introduction of
Additional Agenda
Items

Adjournment
Council Action:

It was moved by Council Member Schultz , seconded by Vice-Mayor Anthony, carried 5-0 by roll call vote, to:

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.

COUNCIL COMMENTS:

Council Members reported out on events and meetings attended.

INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

Council Member Schultz requested a first step report on banning the use of gas-powered leaf blowers.

Vice-Mayor Anthony requested 1) a first step report on the demand for public horse stables and how would public horse stables align with the City’s goals and budget priorities , and 2) a first step report on the Invocation Policy at the start of Council meetings.

ADJOURNMENT:

There being no further business to come before the City Council, the meeting was adjourned at 9:55 p.m. 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.

_s/Xiomara Gamez__________________
Xiomara Gamez
Administrative Analyst II

_s/Jess A. Talamantes_________________
Jess A. Talamantes
Mayor

APPROVED DATE: December 6, 2022

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