1 CITY OF BURBANK
CITY COUNCIL JOINT MEETING MINUTES WITH THE SUCCESSOR AGENCY, HOUSING
AUTHORITY, PARKING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND YOUTH
ENDOWMENT SERVICES FUND BOARD
TUESDAY, DECEMBER 13, 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 4:04 p.m. by Mayor Talamantes.
Council Members Schultz and Springer, Vice-Mayor Anthony, and Mayor Talamantes.
Council Members Frutos.
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. Initiation of litigation pursuant to Govt. Code §54956.9(d)(1) b. Name of Case: Hovhannes Artunyan v. City of Burbank, et al. c. Case No.: 22STCV00941
d. Brief description and nature of case: Personal Injury
2. Conference with Legal Counsel – Anticipated Litigation a. Significant exposure to litigation p ursuant to Govt. Code §54956.9(d)(2) City as Potential Defendant
b. Number of Potential case(s): 1
3. 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
Call to Order A Joint Meeting of the City Council , the Successor Agency, Housing Authority, Parking Authority, Public Financing Authority , and Youth Endowment Services Fund Board 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: 12 p.m. by Mayor Talamantes.
Invocation
Flag Salute
Roll Call
Present:
Absent:
Also Present:
The Invocation was given by Reverend Paul Clairville, West Presbyterian Church in Burbank.
The Pledge of Allegiance was led by Mayor Talamantes.
Council Members Frutos (arrived 6:24 p.m.), Schultz, and Springer, Vice- Mayor Anthony, and Mayor Talamantes.
None.
City Manager Hess, City Attorney McDougall, and City Clerk Mullins. 12/13/2022
2 Joint Public Comment
Motion
Adoption of an
Ordinance Amending
Section 6-1-1002 of
the Burbank Municipal
Code Relating to
Parking Enforcement,
Third Party Parking
Enforcement Services,
and Appeals
Mayor Talamantes indicated there would be seven (7) periods of Public Comment - one period of JointGeneral Public Comment , one period of Public Hearing Public Comment, 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.
ANNOUNCEMENTS:
Mayor Talamantes displayed a PowerPo int Presentation announcing the following: 1) Board and Commission Vacancies: the Heritage Commission, the Board of Library Trustees, and the Infrastructure Oversight Board.
CITY MANAGER REPORT:
City Manager Hess invited Burbank Police Chief Albanese who provided an update on the Gun Buyback Event.
REPORTING ON CLOSED SESSION:
City Attorney McDougall reported that the City Council met in Closed Session regarding the agendized Closed Session items and City Council took no reportable action.
JOINT GENERAL PUBLIC COMMENT:
Appearing to comment were: Senator Anthony Portantino, Sarkis Simonian, Linda Rap poport, Josh Kloss, Lea Feinstein, Leah Harrison, Alisa Cunningham, Greg Adalian, Garen Yegparian, David Donahue, Paul Husband, and Tina Treadwell.
Calling in to comment w ere: Gail Just, Elizabeth Bour, Tarrah Barbour, Vondra Porter, Jill LeMasters , Toni Osseck, Lauren Byrnes, Laura Larocca, Angela Pascal, James DeCarli, Ruben Procopio, Benacio Delgado, Regina Varolli, Tiffany Drucker, Carrington Garland, Lisa Baca, Anne McDonald , Mary Danner, Beau Barbour, Robyn Hawkes, Lois Westphal, Garnik Sarkissian, Erica Reiss, Sam Kirkeby , and Albert Hernandez.
COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:
Council Members and Staff 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 Section 6-1-1002 of the Burbank Municipal Code Relating to Parking Enforcement, Third Party Parking Enforcement Services, and Appeals
ORDINANCE NO. 22-3,985
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING THE BURBANK MUNICIPAL CODE TO ADD
SECTION 6 -1-1002.G RELATED TO PARKING ENFORCEMENT,
THIRD-PARTY PARKING ENFORCEMENT SERVICES, AND
APPEALS.
12/13/2022
3 Adoption of an
Ordinance Amending
Title 5, Chapter 3,
Article 15, Section 5-3-
1504 of the BMC to
Update Water
Efficiency
Requirements for
Specific Plumbing
Fixtures
Successor Agency
Minutes
Housing Authority
Minutes
Parking Authority
Minutes
Public Financing
Authority Minutes
Youth Endowment
Services Fund Board
Minutes
Approval of Housing
Successor Annual
Report for Fiscal Year
2021-2022
Approval to Enter into
a Professional
Services Agreement
with Enterprise
Solutions Consulting
Partners for Customer
Cloud Service
Migration Services
2. Adoption of an Ordinance Amending Title 5, Chapter 3, Article 15, Section 5- 3-1504 of the Burbank Municipa l Code to Update Water Efficiency Requirements for Specific Plumbing Fixtures
ORDINANCE NO. 22-3,986
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK REPEALING AND REPLACING TITLE 5, CHAPTER 3,
ARTICLE 15, SECTION 5- 3-1504 OF THE BURBANK MUNICIPA L
CODE TO UPDATE WATER EFFICIENCY REQUIREMENTS FOR
SPECIFIC PLUMBING FIXTURES.
3. Successor Agency Minutes
Approve the Successor Agency Minutes of the Joint Meeting of June 21, 2022.
4. Housing Authority Minutes
Approve the Housing Authority Minutes of the Joint Meeting of October 11, 2022.
5. Parking Authority Minutes
Approve the Parking Authority Minutes of the Joint Meeting of June 21, 2022.
6. Public Financing Authority Minutes
Approve the Public Financing Authority Minutes of the Joint Meeting of June 21, 2022.
7. Youth Endowment Services Fund Board Minutes
Approve the Youth Endowment Services Fund Board Minutes of the Joint Meeting of June 21, 2022.
8. Approval of Housing Successor Annual Report for Fiscal Year 2021 - 2022
Approve the Fiscal Year 2021 -2022 Housing Successor Annual Report.
9. Approval to Enter into a Professional Services Agreement with Enterprise Solutions Consulting Partners for Customer Cloud Service Migration Services
Approve and authorize the General Manager of Burbank Water and Power, as the designee of the City Manager, to:
a. Execute a Professional Services Agreement (PSA) with Enterprise Solutions Consulting Partners to provide Oracle Utilities customer cloud service (CCS) migration services.
b. Enter into any appropriate amendments to the PSA in connection with the CCS migration services for an amount not to exceed $110,000 (or 10%).
12/13/2022
4 Adoption of a
Resolution to Approve
a Letter of Agreement
between the City of
Burbank and the
Burbank Police
Officers’ Association
Approval of Change
Order #1 to the
Contract with Paveco
Construction Inc., for
Citywide Pavement
Repair and Restoration
relating to BWP
Construction and
Maintenance Projects
(Bid Schedule No.
1480)
Approval of an
Increase in the City
Attorney’s
Compensation to the
Top Step of Burbank’s
Existing City Attorney
Salary Range, Placing
the City Attorney’s Pay
at the Average of
Burbank’s Relevant
Market for City
Attorneys
Adoption of a
Resolution Approving
a Cooperative
Agreement with
Landscape Structures,
Inc. for the Valley Park
and Ovrom Park
Playground Project
10. Adoption of a Resolution to Approve a Letter of Agreement between the City of Burbank and the Burbank Police Officers’ Association
RESOLUTION NO. 22-29,387
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A LETTER OF AGREEMENT BETWEEN
THE CITY OF BURBANK AND THE BURBANK POLICE OFFICERS
ASSOCIATION (BPOA). THE LETTER OF AGREEMENT AMENDS
THE BPOA MEMORANDUM OF UNDERSTANDING (MOU) DATED
DECEMBER 14, 2021 – JUNE 30, 2024; BPOA MOU DATED
OCTOBER 20, 2 019 – JUNE 30, 2021; AND BPOA MOU DATED
JANUARY 31, 2016 – JUNE 30, 2018.
11. Approval of Change Order #1 to the Contract with Paveco Construction Inc., for Citywide Pavement Repair and Restoration relating to BWP Construction and Maintenance Projects (Bid Schedule No. 1480)
Approve and authorize the General Manager of Burbank Water and Power (BWP), as the designee of the City Manager, to (a) execute change order #1 to the contract with Paveco Construction, Inc (Paveco), under bid schedule No.1480, to incre ase the contract amount from $1,000,000 to $3,000,000 for the third (current) contract year from May 11, 2022, through May 10, 2023, for citywide pavement repair and restoration relating to BWP construction and maintenance projects, and (b) execute future contract renewals of bid schedule No. 1480 for the fourth and fifth years, as applicable, which will include an amendment to the base contract amount of $3,000,000 for each year.
The change order is needed to cover significant increases in paving costs that are discussed in detail below.
12. Approval of an Increase in the City Attorney’s Compensation to the Top Step of Burbank’s Existing City Attorney Salary Range, Placing the City Attorney’s Pay at the Average of Burbank’s Relevant Market for City Attorneys
Approve an increase in the City A ttorney’s compensation to the top step of Burbank’s existing City Attorney salary range, placing the City Attorney’s pay at the average of Burbank’s relevant market for City Attorneys.
13. Adoption of a Resolution Approving a Cooperative Agreement with Landscape Structures, Inc. for the Valley Park and Ovrom Park Playground Project
RESOLUTION NO. 22-29,388
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A COOPERATIVE AGREEMENT WITH
LANDSCAPE STRUCTURES, INC FOR THE VALLEY PARK AND
OVROM PARK PLAYGROUND PROJECT.
12/13/2022
5 Review of
Development Impact
Fee Funds as of June
30, 2022
Urgency Ordinance
Establishing Interim
Modifications to the
Existing Development
Standards for ADU and
JADU in All Single-
Family and Multi-Family
Residential Zones to
Allow the City Time to
Study and Consider
Enactment of Zoning
Measures to Ensure
Consistency with
Changes to
Government Codes
65852.2 and 65852.22
Public Hearing
Opened
Staff Report
Public Hearing Public
Comment
Public Hearing Closed
Motion
14. Review of Development Impact Fee Funds as of June 30, 2022
Note and File.
PUBLIC HEARING:
15. Consideration and Adoption of an Urgency Ordinance Establishing Interim Modifications to the Existing Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in All Single-Family and Multi -Family Residential Zones to Allow the City Time to Study and Consider Enactment of Zoning Measures to Ensure Consistency with Changes to Government Code Sections 65852.2 and 65852.22 ENVIRONMENTAL REVIEW: Pursuant to Section 21080.17 of the California Public Resources Code (PRC), the adoption of the Urgency Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA)
The Public Hearing was opened at 7:56 p.m. There were no Conflict of Interest disclosures. City Clerk Mullins affirmed receipt of Proof of Publication; confirmed that there was a complete file of exhibits, correspondence including emails and other documents; and that one (1) written correspondence was received.
Joseph McDougall, City Attorney; Fred Ramirez, Assistant Community Development Director – Planning and Transportation; Joseph Pangilinan, Assistant Planner; and Scott Plambaeck, Planning Manager, 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 8:14 p.m.
Council Action:
It was moved by Council Member Schultz, seconded by Council Member Frutos, carried 5-0 by roll call vote, to:
ORDINANCE NO. 22-3,987
Adopt AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BURBANK ESTABLISHING INTERIM MODIFICATIONS TO THE
EXISTING DEVELOPMENT STANDARDS FOR ACCESSORY
DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING
UNITS (JADU) IN ALL SINGLE -FAMILY AND MULTI -FAMILY
RESIDENTIAL ZONES TO ENSURE CONSISTENCY WITH
CHANGES TO GOVERNMENT CODE SECTIONS 65852.2 AND
65852.22.
12/13/2022
6 Review of City
Treasurer’s Investment
Portfolio Report for
September 30, 2022
Staff Report
Public Comment
Motion
Fill Vacancies on the
GLACVCD Board of
Trustees and a Vacancy
on the MWD Board of
Directors
Staff Report
Public Comment
Motion
Resolution Affirming
the Community
Development
Director’s
Determination that the
Property Located at
910 S. Mariposa St.
Meets the Site
Eligibility
Requirements for a SB
35 Project (Project No.
22-0006774) Pursuant
to BMC Section 10-1-
19302(A)(3)
Staff Report
REPORTS TO COUNCIL:
16. Review of City Treasurer’s Investment Portfolio Report for September 30, 2022
Krystle Palmer, City Treasurer, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment was: None.
Council Action:
It was unanimously carried to note and file.
17. Appointment to Fill a Vacancy on the Greater Los Angeles County Vector Control District Board of Trustees and a Vacancy on the Metropolitan Water District Board of Directors
Zizette Mullins, City Clerk, presented the Report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: Dayana Amaya.
Council Action:
It was unanimously approved 5- 0, to appoint Dr. Jeff Wassem to the Greater Los Angeles County Vector Control District Board of Trustees for a full four -year term ending January 4, 2027 and unanimously approved 5- 0, to appoint Marsha Ramos to the Metropolitan Water District Board of Directors for a full four -year term ending January 1, 2027.
18. Adoption of a Resolution Affirming the Community Development Director’s Determination that the Property Located at 910 South Mariposa Street Meets the Site Eligibility Requirements for a SB 35 Project (SB 35 Notice of Intent to Submit Application – Project No. 22- 0006774) Pursuant to Burbank Municipal Code Section 10- 1- 19302(A)(3) ENVIRONMENTAL REVIEW: SB 35 Projects are
statutorily exempt from the California Environmental Quality Act (CEQA) (California Public Resources Code, Division 13, 21000 et seq.) pursuant to CEQA Guidelines Section 15268 and California Government Code Section 65913.4. As a result, the Project is not subject to CEQA review and cannot be required to prepare any studies that would otherwise be required under CEQA (e.g., traffic, air quality, noise, et cetera)
Joseph McDougall, City Attorney ; Joseph Onyebuchi, Associate Planner; and Scott Plambaeck, Planning Manager, Community Development Department presented the PowerPoint Presentation and responded to City Council inquiries.
12/13/2022
7 Public Comment
Motion
Resolution Declaring
and Certifying the
Results of the
Consolidated General
Municipal Election
Staff Report
Public Comment
Motion
Approval of Board,
Commission and
Committee Business
Card Policy and City
Council Expectations
of Members
Staff Report
Public Comment
Public Comment:
Appearing to comment were: Jean Schanberger, Roy Simison, Michael Elric, Victoria English, Liz Radley, Karen Thornton, and Darcy Conkle.
Council Action:
It was moved by Vice -Mayor Anthony, seconded by Council Member Schultz, carried 3-2 (Springer and Frutos, dissent) by roll call vote, to:
RESOLUTION NO. 22-29,389
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK AFFIRMING THE COMMUNITY DEVELOPMENT
DIRECTOR’S DETERMINATION THAT THE PROPERTY LOCATED
AT 910 SOUTH MARIPOSA STREET MEETS THE SITE ELIGIBILITY REQUIREMENTS FOR A SB 35 PROJECT (PROJECT NO. 22 -
0006774 - SB 35 NOTICE OF INTENT TO SUBMIT AN
APPLICATION) PURSUANT TO BURBANK MUNICIPAL CODE
SECTION 10-1-19302(A)(3).
19. Adoption of a Resolution Declaring and Certifying the Results of the City of Burbank Consolidated General Municipal Election Held on Tuesday, November 8, 2022
Zizette Mullins, City Clerk, presented the Report 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. 22-29,390
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION CONSOLIDATED WITH THE GENERAL
ELECTION HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 2022,
DECLARING THE RESULTS THEREOF AND SUCH OTHER
MATTERS AS PROVIDED BY LAW.
20. Approval of Board, Commission, and Committee Business Card Policy and City Council Expectations of Board, Commission, and Committee Members
Daniel Amaya, Administrative Analyst II, Public Information Office, presented the Report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: None.
12/13/2022
8 Motion
Council Comments
Introduction of
Additional Agenda
Items
Adjournment
Council Action:
It was moved by Vice -Mayor Anthony, seconded by Council Member Frutos, carried 5-0 by roll call vote, to:
1. Approve a Policy Regarding City of Burbank Board, Commission , and Committee Business Cards.
2. Approve updated City Council Expectations of Board, Commission, and Committee Members found in the Guidelines for Citizen Members in the Boards and Commissions Handbook.
COUNCIL COMMENTS:
City Manager Justin Hess Introduced a Special Presentation and Videos for Council Member Frutos and Council Member Springer. Council Members Frutos and Springer made remarks. Council Members reported out on events and meetings attended.
It was moved by Vi ce-Mayor Anthony, seconded by Council Member Schultz, carried 5-0 to continue with City business past 11:00 p.m.
Council Member Frutos left the dais at 11:03 p.m.
INTRODUCTION OF ADDITIONAL AGENDA ITEMS:
Council Member Schultz requested 1) First step report on the B oard and Commission’s schedule and options to televise meetings and 2) Discussion on how Boards and Commissions can better report out on their respective activities to City Council.
ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 11:05 p.m. to Monday, December 19, 2022, for a City Council Reorganization Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
_s/Kimberley Clark for_______________
Zizette Mullins, MMC
City Clerk
_s/Konstantine Anthony for______________
Jess A. Talamantes
Mayor
APPROVED DATE: January 10, 2023