1 CITY OF BURBANK
CITY COUNCIL MEETING MINUTES
TUESDAY, JANUARY 24, 2023
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 4:02 p.m. by Mayor Anthony.
Council Members Mullins, Perez, and Takahashi, Vice-Mayor Schultz, and Mayor Anthony.
None.
City Manager Hess, City Attorney McDougall, and City Clerk Clark.
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. 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 p ursuant 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, Manageme nt Services Director
c. Name of Organizations Representing Employee: Burbank City Employees’ Association, Burbank Fire Fighters, International Association of Fire Fighters, Local 778
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 6:03 p.m. by Mayor Anthony.
Invocation
Flag Salute
The Invocation was given by Reverend Paul Clairville, West Presbyterian Church in Burbank.
The Pledge of Allegiance was led by Mayor Anthony.
1/ 24/2023
2 Roll Call
Present:
Absent:
Also Present:
Moment of Silence
Appointment to the
Charter Review
Committee
Public Comment
Motion
Council Members Mullins, Perez, and Takahashi, Vice-Mayor Schultz, and Mayor Anthony.
None.
City Manager Hess, City Attorney McDougall, and City Clerk Clark.
Mayor Anthony indicated there would be eight (8 ) periods of Public Comment - one period of General Public Comment , one period of Public Hearing Public Comment, and one period during the Reports 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.
Mayor Anthony began the meeting with a Moment of Silence for the eleven victims of this past weekend’s Lunar New Year’s Eve shooting in Monterey Park, California and the seven victims of yesterday’s shooting in Half Moon Bay, California.
ANNOUNCEMENTS:
Vice-Mayor Schultz announced that Isabel Omero would be his new appointee to the Charter Review Committee.
Mayor Anthony displayed a PowerPoint Presentation announcing the following: 1) Council Goal Setting Meeting on January 26, 2023, 2) Untapped Startup Academy Burbank, and 3) Santa Anita Playlot Community Meeting.
CITY MANAGER REPORT:
City Manager Hess invited Russell Freesland, Plan Check Manager, Community Development Department who presented an update on the online building permits and the new P re-approved A ccessory Dwelling Units Program.
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.
GENERAL PUBLIC COMMENT:
Appearing to comment were: Joel Schlossman , Leah Harrison, Suzanne Weerts, Eric Conner, Jason Lewis , Mary Ann Sutliff, Gary Sutliff, and Douglas Howe.
Calling in to comment were: Anonymous, Carmenita Helligar, Rosemary Morrison, James Ingram, Brittany Curran, Dominick Scarola, and Jamie Keyser.
COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:
Council Members and Staff responded to Public Comment.
CONSENT CALENDAR:
It was moved by Council Member Mullins, seconded by Council Member Perez, carried 5-0 by roll call vote, to approve the Consent Calendar. 1/ 24/2023
3 Resolution CEQA
Exemption for Existing
Facilities and
Approving Contracts
for a Water Advanced
Metering Infrastructure
Project
Resolution Authorizing
the Grant Application,
Acceptance, and
Execution for the
Advanced Metering
Infrastructure Upgrade
Project and Turf
Replacement Project
Approval of a PSA with
HDR Engineers, Inc.
for the Development of
a Drought Contingency
Plan
Approval of the
Proposed City Council
Meeting Schedule for
Calendar Year 2023
Extension of an
Adopted Urgency
Ordinance Establishing
Interim Modifications to
the Existing
Development
Standards for ADU
and JADU
Council Member Mullins requested a brief presentation on Item No. 3.
Richard Wilson, Assistant General Manager, Water Systems, provided a summary.
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
RESOLUTION NO. 23-29,392
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.
2. Adoption of a Resolution to Authorize Burbank Water and Power to Submit a Grant Application to the California Department of Water Resources Urb an 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
RESOLUTION NO. 23-29,393
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.
3. Approval of a Professional Services Agree ment with HDR Engineers, Inc. for the Development of a Drought Contingency Plan
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.
4. Approval of the Proposed City Council Meeting Schedule for Calendar Year 2023
Approve the Proposed City Council Meeting Schedule for March 2023 through February 2024.
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
1/ 24/2023
4 Public Hearing
Opened
Staff Report
Public Hearing Public
Comment
Public Hearing Closed
Motion
Resolution to Issue
Electric Revenue
Bonds Not to Exceed
$120 Million for
Electric System Capital
Investments
Staff Report
Public Comment
The Public Hearing was opened at 7:25 p.m. There were no Conflict of Interest disclosures. City Clerk Clark 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.
Joseph McDougall, City Attorney; Fred Ramirez, Assistant Community Development Director - Transportation and Planning; Fatima Benitez, Assistant Planner; Scott Plambaeck, Planning Manager; and Russell Freesland, Plan Check Manager , Community Development
Department, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Hearing Public Comment:
Appearing to comment was: Joel Schlossman.
Calling in to comment was: None.
The Public Hearing was closed at 7:54 p.m.
Council Action:
It was moved by Council Member Mullins , seconded by Council Member Perez, carried 5-0 by roll call vote, to:
ORDINANCE NO. 23-3,988
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)
REPORTS TO COUNCIL:
6. Adoption of a Resolution to Issue Electric Revenue Bonds No t to Exceed $120 Million for Electric System Capital Investments
Joseph H. McDougall, City Attorney ; Dawn Roth Lindell, Burbank Water and Power General Manager; Riad Sleiman, Assistant General Manager Electric Services; Mandip Samra, Assistant General Manager Power Supply; Stela Kalomian, A cting Chief Financial Officer ; and Evilia Waloejo, Financial Planning and Risk Manager, Burbank Water and Power, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment was: Joel Schlossman.
1/ 24/2023
5 Motion
Resolution of Intent to
Initiate a Transition to
District Elections
Staff Report
Public Comment
Motion
Council Action:
It was moved by Vice-Mayor Schultz, seconded by Council Member Mullins, carried 5-0 by roll call vote, to:
RESOLUTION NO. 23-29,394
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 BON D 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 ACT IONS RELATING TO SUCH
ISSUANCE.
7. Adoption of Resolution of Intent to Initiate a Transition to District Elections
Joseph H. McDougall, City Attorney , and Marguerite Leoni , Senior Litigation Partner, Nielsen Merksamer Parrinello Gross & Leoni, LLP, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment was: Joel Schlossman.
Council Action:
It was moved by Council Member Takahashi, seconded by Vice-Mayor Schultz, carried 5-0 by roll call vote, to:
RESOLUTION NO. 23-29,395
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.
1/ 24/2023
6 Appointment to Fill
Vacancies on the
Heritage Commission,
Board of Library
Trustees, and the
Infrastructure
Oversight Board for
Unexpired Terms
Staff Report
Public Comment
Motion
Nominate a Council
Member to Apply for
the Cal Cities Los
Angeles County
Division Regional
Director Vacancy
Representing the
AVCJPA
Staff Report
Public Comment
Motion
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
Kimberley Clark, City Clerk, presented the Report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: Andre Dionysian.
Council Action:
By Council Majority, it was approved to make appointments to the following Boards and Commission:
• Richard Schmidt to the Heritage Commission to fill an unexpired term ending July 31, 2026
• Rosemary Morrison and Darrin Borders to the Board of Library Trustees to fill unexpired terms ending July 31, 2024
• Shaunt Kodaverian to the Infrastructure Oversight Board to fill an unexpired 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
David Kriske, Assistant Community Development Director - Transportation and Planning, presented the Report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: None.
Council Action:
It was moved by Vice-Mayor Schultz, seconded by Council Member Mullins, carried 5-0 by roll call vote, to approve the nomination of Mayor Anthony 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.
1/ 24/2023
7 Resolution Approving
the One-way Design
for the Downtown
Burbank San
Fernando Blvd
Reconfiguration
Project and Direct Staff
to Implement a One
Year Pilot
Staff Report
Public Comment
Motion to continue
past 11:00 p.m.
Motion
Discussion on the
Invocation period at
City Council Meetings
Staff Report
Public Comment
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
David Kriske, Assistant Community Development Director - Transportation and Planning, and Marcos Fuentes, Senior Transportation Planner, Community Development Department, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment were: Andre Dionysian and Joel Schlossman.
Council Action:
It was moved by Vice- Mayor Schultz, seconded by Council Member Mullins, carried 5 -0 by show of hands to continue with City business past 11:00 p.m.
Council Action:
It was moved by Vice-Mayor Schultz, seconded by Council Member Perez, carried 5-0 by roll call vote, to:
RESOLUTION NO. 23-29,396
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.
Direct Staff to present the final engineering schematic to the Transportation Commission as part of a Public Hearing in order to give the public an opportunity to provide feedback.
Six months after implementation of Phase 1 , staff will report back to City Council on the reception by the businesses and residents of the area.
11. Discussion on the Invocation period at City Council Meetings
Viviana Garzon, Administrative Analyst II, City Manager’s Office , presented the Report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: Joel Schlossman.
1/ 24/2023
8 Motion
Council Committee
Assignment Report
Council Comments
Introduction of
Additional Agenda
Items
Adjournment
Council Action:
It was moved by Council Member Perez, seconded by Vice-Mayor Schultz, carried 5 -0 by roll call vote, to d irect staff to return with a second step staff report on a new name and updated process to replace the invocation period at Council meetings.
COUNCIL COMMITTEE ASSIGNMENT REPORT:
Council Members reported out on Council Committee Assignments.
COUNCIL COMMENTS:
Council Members reported out on events and meetings attended.
INTRODUCTION OF ADDITIONAL AGENDA ITEMS:
Vice-Mayor Schultz requested: 1) a discussion paper on options to expand upon existing revenue resources as an alternative to BWP rate increases as part of the FY 2023- 24 budget, and 2 ) First step report on an independent redistricting commission.
Council Member Takahashi requested an update on paid parking efforts in the City.
ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 12:18 a.m. to Thursday, January 26, 2023, for a Goal Setting Meeting in the Community Services Building, Room 104 - 150 North Third Street, First Floor.
_s/Kimberley Clark___________________
Kimberley Clark
City Clerk
_s/Konstantine Anthony________________
Konstantine Anthony
Mayor
APPROVED DATE: February 14, 2023