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Agenda

Burbank City Council
January 24, 2023

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Agenda
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January 24, 2023
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Burbank City Council
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COUNCIL AGENDA - CITY OF BURBANK
TUESDAY, JANUARY 24, 2023
4:00 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, January 24, 2023, at 4:00 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 3:00 p.m. the day of the meeting.

4. Email the City Council directly [email protected].

Emails received on or before 3:00 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.

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.

B.

Closed Session in City Hall First Floor Conference Room:

1. Conference with Legal Counsel – Existing Litigation
a.

Pursuant to Govt. Code §54956.9(d)(1)
b.

Name of Case: Bernard v. City of Burbank
c.

Case No.: 22STCV08882
d.

Brief description and nature of case: Other Employment Complaint Case

2. Conference with Legal Counsel – Anticipated Litigation a.

Significant exposure to litigation pursuant to Govt. Code §54956.9(e)(3) City as a Potential Defendant b.

Number of potential case(s): 1

3. Conference with Legal Counsel – Anticipated Litigation a.

Significant exposure to litigation pursuant to Govt. Code §54956.9(e)(1) City as a Potential Defendant b.

Number of potential case(s): 1

4. 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 Fire Fighters, International Association of Fire Fighters, Local 778 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
Moment of Silence for the 11 victims from the Lunar New Year’s shooting and 7 victims of Half Moon Bay G.

Announcements: (The Mayor will make announcements on various topics in addition to any listed) H.

City Manager Report: (Updates on Notable Events, if any) PowerPoint Presentation
I.

Reporting on Closed Session: (The City Attorney will report the Closed Session items and report out actions taken) J.

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.

K.

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) L.

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 a Resolution Adopting a California Environmental Quality Act (CEQA) Exemption for Existing Facilities and Authorizing Burbank Water and Power to Negotiate and Execute Contracts for a Water Advanced Metering Infrastructure Program - Burbank Water and Power Department Recommendation:

Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A CEQA EXEMPTION FOR EXISTING FACILITIES AND APPROVING CONTRACTS FOR A WATER ADVANCED METERING INFRASTRUCTURE PROJECT.

MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
Resolution No. 23-29,392
Environmental Review: Exempt from CEQA under §15302(c).

2. Adoption of a Resolution to Authorize Burbank Water and Power to Submit a Grant Application to the California Department of Water Resources Urban Community Drought Relief Grant Program, to Authorize the Grant Application, Acceptance, and Execution for the Advanced Metering Infrastructure Upgrade Project and Turf Replacement Project within Burbank’s Disadvantaged Communities – Burbank Water and Power Department Recommendation:

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE ADVANCED METERING INFRASTRUCTURE UPGRADE PROJECT AND TURF REPLACEMENT PROJECT.

MOTION: Adopted 5-0
Staff Report
Attachment 1
Attachment 2
Resolution No. 23-29,393

3. Approval of a Professional Services Agreement with HDR Engineers, Inc.  for the Development of a Drought Contingency Plan – Burbank Water and Power Department Recommendation:

Approve and authorize the Burbank Water and Power General Manager, as designee of the City Manager, to execute a professional services agreement with HDR Engineers, Inc. for the development of a drought contingency plan.

MOTION: Approved 5-0
Staff Report
Attachment 1

4. Approval of the Proposed City Council Meeting Schedule for Calendar Year 2023 - City Manager’s Office Recommendation:

Approve the Proposed City Council Meeting Schedule for March 2023 through February 2024.

MOTION: Approved 5-0
Staff Report
Attachment 1
M.

Public Hearing:

5. Adoption of an Extension of an Adopted Urgency Ordinance (Ordinance No. 22-3,897) 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  - Community Development Department Recommendation:

Adopt AN EXTENSION OF AN ADOPTED 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 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. (Requires 4/5th vote for adoption) Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Correspondences
PowerPoint Presentation
Ordinance No. 23-3,988
*** If Additional Documents/Correspondences are submitted for this item, they will be periodically posted to the City website for public viewing. *** Environmental Review: Pursuant to Section 21080.17 of the California Public Resources Code (PRC), the extension of the Urgency Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU law). The extension of the Urgency Ordinance implements Government Code Sections 65852.2 and 65852.22 within the City of Burbank in a manner that is consistent with the requirements of State ADU law. As such, the extension of the Urgency Ordinance is exempt from CEQA.

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
N.

Reports to Council: (Items listed under this section will have an oral report provided)

6. Adoption of a Resolution to Issue Electric Revenue Bonds Not to Exceed $120 Million for Electric System Capital Investments - Burbank Water and Power Department Recommendation:

Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $120,000,000 PRINCIPAL AMOUNT OF ITS BURBANK WATER AND POWER ELECTRIC REVENUE BONDS, SERIES OF 2023; APPROVING AND AUTHORIZING THE FINANCING OF IMPROVEMENTS BY THE PROCEEDS OF SUCH BOND ISSUANCE; APPROVING THE ENGAGEMENT OF PROFESSIONAL SERVICES IN CONNECTION THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION OF A SEVENTH SUPPLEMENTAL ELECTRIC REVENUE BOND INDENTURE; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT FOR USE IN CONNECTION WITH THE SALE OF SUCH BONDS; APPROVING THE FORMS OF AND AUTHORIZING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATING TO SUCH ISSUANCE.

Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
PowerPoint Presentation
Resolution No. 23-29,394
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

7. Adoption of Resolution of Intent to Initiate a Transition to District Elections - City Attorney’s Office Recommendation:

Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING ITS INTENT TO INITIATE PROCEDURES FOR A TRANSITION FROM AT-LARGE TO DISTRICT-BASED COUNCIL MEMBER ELECTIONS PURSUANT TO ELECTIONS CODE SECTION 10010 AND GOVERNMENT CODE SECTION 34886, AUTHORIZING THE CITY ATTORNEY TO HIRE NATIONAL DEMOGRAPHICS CORPORATION; AND APPROVING A TENTATIVE TIMELINE FOR CONDUCTING PUBLIC HEARINGS, FORMULATING PROPOSED DISTRICT MAPS, AND PRESENTING A DRAFT ORDINANCE TO COUNCIL FOR DECISION.

Staff Report
Attachment 1
Attachment 2
Attachment 3
PowerPoint Presentation
Resolution No. 23-29,395
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

8. Appointment to Fill One Vacancy on the Heritage Commission, Fill Two Vacancies on the Board of Library Trustees and Fill One Vacancy on the Infrastructure Oversight Board for Unexpired Terms - City Clerk’s Office Recommendation:

Appoint one member to the Heritage Commission to fill an unexpired term ending July 31, 2026, appoint two members to the Board of Library Trustees to fill unexpired terms ending July 31, 2024 and appoint one member to the Infrastructure Oversight Board to fill an unexpired term ending July 31, 2025.

Staff Report
Attachment 1
Attachment 2
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:

Appointed Richard Schmidt to the Heritage Commission term ending July 31, 2026 Appointed Rosemary Morrison and Darrin Borders to the Board of Library Trustees term ending July 31, 2024 Appointed Shaunt Kodaverian to the Infrastructure Oversight Board term ending July 31, 2025

9. Approval to Nominate a Burbank Council Member to Apply for the Cal Cities Los Angeles County Division Regional Director Vacancy Representing the Arroyo Verdugo Communities Joint Powers Authority - Community Development Department Recommendation:

Approve the nomination of one Council Member to be appointed by the Arroyo Verdugo Communities Joint Powers Authority to serve as a Regional Director on the Cal Cities Los Angeles County Division.

Staff Report
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 appointing Mayor Anthony

10. Adoption of a Resolution Approving the One-way Conceptual Design Alternative for the Downtown Burbank San Fernando Boulevard Reconfiguration Project and Direct Staff to Implement a One Year Pilot - Community Development Department Recommendation:

Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE ONE-WAY CONCEPTUAL DESIGN FOR THE DOWNTOWN BURBANK SAN FERNANDO BOULEVARD RECONFIGURATION PROJECT (PHASE 1) AND DIRECTING STAFF TO PROCEED WITH DEVELOPING THE FINAL ENGINEERING DESIGN.

OR
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE FULL STREET CLOSURE CONCEPTUAL DESIGN FOR THE DOWNTOWN BURBANK SAN FERNANDO BOULEVARD RECONFIGURATION PROJECT (PHASE 1) AND DIRECTING STAFF TO PROCEED WITH DEVELOPING THE FINAL ENGINEERING DESIGN.

Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
PowerPoint Presentation
Resolution No. 23-29,396
Environmental Review: Implementation of the first phase of the Downtown Burbank San Fernando Boulevard Reconfiguration Project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15301(c), as the action involves maintenance or alteration of existing streets that does not result in any expansion of the use, and the action adds safety or health protection devices in conjunction with existing facilities.

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 Resolution No. 1 One-Way Conceptual Design and provided direction to staff

11. Discussion on the Invocation period at City Council Meetings – City Clerk’s Office/City Manager’s Office Recommendation:

The City Council could:

1. Note and file the report;

2. Direct staff to update the City Council Meeting Agenda with the removal of the invocation period; or

3. Direct staff to return with a second step staff report on a new name and updated process to replace the invocation period at Council meetings.

Staff Report
Attachment 1
Attachment 2
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 to direct staff to return with a second step staff report on a new name and updated process to replace the invocation period at Council meetings.

O.

Council Committee Assignment Report: (Council Members report on Council committee assignments) P.

Council Comments: (Including reporting on attendance at conferences, regional meetings and community events) Q.

Introduction of Additional Agenda Items: (Council Members may request future agenda items) R.

Adjournment: To Thursday, January 26, 2023, for a Goal Setting Meeting in the Community Services Building, Room 104 - 150 North Third Street, First Floor.

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