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Minutes

Burbank City Council
March 14, 2023

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Minutes
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March 14, 2023
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Burbank City Council
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1 CITY OF BURBANK

CITY COUNCIL MEETING
TUESDAY, MARCH 14, 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 5:02 p.m. by Mayor Anthony.

Council Members Mullins , Perez, Takahashi, Vice -Mayor Schultz, and Mayor Anthony.

None.

City Manager Hess, City Attorney McDougall, and Records Manager Dekermenji.

CLOSED SESSION PUBLIC COMMENT
There being no additional 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: Gary D. Gast v. City of Burbank
c. Case No.: 20STCV49660
d. Brief description and nature of case: Slip and Fall

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 Anthony.

Invocation

Flag Salute

Roll Call

Present:

Absent:

Also Present:

Memorial
Adjournment

The Invocation was given by Ryan Post, Senior Pastor of Village Church in Burbank.

The Pledge of Allegiance was led by Mayor Anthony.

Council Members Mullins , Perez, Takahashi, Vice-Mayor Schultz , and Mayor Anthony.

None.

City Manager Hess, City Attorney McDougall, and Records Manager Dekermenji.

Mayor Anthony indicated there would be f our (4 ) periods of Public Comment - one period of First Public Hearing Public Comment on the Districting Process, one period of General Public Comment, one period of the Second Public Hearing Public Comment, and one period during 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 announced that tonight City Council will adjourn in Memory of City of Burbank Employee Sevan Khachatourians and invited Kevin Gray, Chief Information Officer, who made remarks.
3/14/2023

2 Composition of
Districts for the City’s
Transition to District-
Based City Council
Elections

Public Hearing
Opened

Staff Report

Public Hearing Public
Comment

Public Hearing Closed
and Re-opened

Public Hearing Closed

Motion

ANNOUNCEMENTS:

Mayor Anthony displayed a PowerPoint Presentation announcing the following: 1) Senior Citizen Board Vacancy, 2) Burbank Public Library — Connected CA, and 3) Community Forums for Districting Process.

COUNCIL PRESENTATIONS/RECOGNITIONS:

Mayor Anthony present ed a Proclamation Declaring March 1- 31, 2023 “National Social Worker Month” in the City of Burbank and welcomed City of Burbank employees Sonia Casanova, Psychiatric Social Worker a nd Sona Ter-Yegishyan, Social Services Supervisor who made remarks.

CITY MANAGER REPORT:

City Manager Hess indicated there were no items to report.

PRESENTATION:

This item was moved out of order to follow the Special Public Hearing.

SPECIAL PUBLIC HEARING:

1. First Public Hearing Regarding the Composition of Districts for the City’s Transition to District-Based City Council Elections

The Public Hearing was opened at 6:52 p.m. There were no Conflict of Interest disclosures. Records Manager Dekermenji affirmed receipt of Proof of Publication; confirmed that there was a complete file of exhibits, correspondence including emails and other documents; and that six (6) written correspondences were received.

Joseph McDougall, City Attorney; and Douglas Johnson with National Demographics Corporation presented the PowerPoint and responded to City Council Inquiries.

Public Hearing Public Comment:

Appearing to comment were: David Donahue, David Holtzman, Andre Dionysian, and Joel Schlossman.

Calling in to comment were: Jamie Keyser (called to comment on Item No. 7), and Simon Hammel.

Mayor Anthony closed the Public Hearing at 7:39 p.m. and immediately re-opened the meeting to receive a question from Vice-Mayor Schultz.

The Public Hearing was closed at 7:40 p.m.

Council Action:

It was moved by Council Member Mullins , seconded by Council Member Takahashi, and carried 5-0 by roll call vote, to approve the Amended Phase 1 Districting Process Schedule.

PRESENTATION:

Mayor Anthony introduced Michael Cacciotti, Vice Chair of the South Coast Air Quality Management District Governing Board, who provided an update.
3/14/2023

3 General Public
Comment

Motion

City Council Minutes

Resolution Authorizing
Acceptance of a Grant
from California Energy
Commission for the
California Automated
Permit Processing
Program for the
SolarAPP+ in Burbank

Resolution Approving
the City of Burbank’s
Updated Local Hazard
Mitigation Plan

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, Ron Bax, Lisa Malm, Cathy Morfopoulos, David Donahue, Karen Ross , Liz Radley and Jose Pimienta.

Calling in to comment were : Jean Schanberger, Craig Cabwallader and David H.

COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:

Council Members and Staff responded to Public Comment.

CONSENT CALENDAR:

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

1. City Council Minutes

Approve the City Council Minutes of the Joint Meeting of February 28, 2023, and the Dark Meeting of March 7, 2023.

2. Adoption of a Resolution Authorizing the Acceptance of a $80,000 Grant from the California Energy Commission for the California Automated Permit Processing Program for the SolarAPP+ in Burbank and Amending the Fiscal Year 2022-23 Budget by Appropriating Funds

RESOLUTION NO. 23-29,413
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE

TO EXECUTE THE GRANT AGREEMENT WITH THE CALIFORNIA

ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED

PERMIT PROCESSING (CALAPP) PROGRAM, ACCEPTING
$80,000 IN GRANT FUNDS, AND AMENDING THE FISCAL YEAR
2022-23 BUDGET BY APPROPRIATING FUNDS.

3. Adoption of a Resolution Approving the City of Burbank’s Updated Local Hazard Mitigation Plan

RESOLUTION NO. 23-29,414
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING THE CITY OF BURBANK’S UPDATED
LOCAL HAZARD MITIGATION PLAN.

3/14/2023

4 Right-of-Entry
Agreement with the
Los Angeles
Philharmonic
Association to Provide
Shuttle Services at the
Downtown Burbank
Metrolink Station

2022 General Plan
Annual Progress
Report and 2022
Housing Element
Annual Progress
Report

Adoption of an
Extension of an
Urgency Ordinance
(Ordinance No. 22-
3,972) Establishing
Interim Development
Controls in Response
to Senate Bill 9

Public Hearing
Opened

Staff Report

Public Hearing Public
Comment

Public Hearing Closed

4. Approval of a Right -of-Entry Agreement with the Los Angeles Philharmonic Association to Provide Shuttle Services at the Downtown Burbank Metrolink Station

1. Find the approval of a Right -of-Entry Agreement for use of a bus bay at the Downtown Burbank Metro link Station exempt from review under the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15301, the exemption for minor modifications to existing structures involving no expansion of existing use.

2. Approve by a 4/5ths vote the eight month Right-of-Entry Agreement with the Los Angeles Philharmonic Association to use a bus bay at the Downtown Burbank Metrolink Station to provide shuttle services to the Hollywood Bowl on concert nights.

3. Authorize the Community Development Department Director to execute the Right -of-Entry Agreement pursuant to Burbank Municipal Code Section 2-2-201(E).

5. Approval of the 2022 General Plan Annual Progress Report and 2022 Housing Element Annual Progress Report

1. Approve the 2022 General Plan Annual Implementation Progress Report.

2. Approve the 2022 Housing Element Annual Progress Report.

PUBLIC HEARING:

6. Adoption of an Extension of an Urgency Ordinance (Ordinance No. 22- 3,972) Establishing Interim Development Controls in Response to Senate Bill 9 to Allow the City Time to Study and Consider Enactment of Permanent Development Standards Through a Zone Text
Amendment

The Public Hearing was opened at 8:54 p.m. There were no Conflict of Interest disclosures. Records Manager Dekermenji affirmed receipt of Proof of Publication; confirmed that there was a complete file of exhibits, correspondence including emails and other documents; and that two (2) written correspondences were received.

Xjvirr Thomas, Associate Planner ; and Scott Plambaeck, Planning Manager, Community Development Department, presented a
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 9:09 p.m.

3/14/2023

5 Motion

Ordinance Adding
Article 4 to Chapter 2
of Title 4 to the
Burbank Municipal
Code, Plastic Waste
Reduction Regulations

Staff Report

Public Comment

Motion to continue
past 11:00 p.m.

Motion

Council Action:

It was moved by Council Member Takahashi, seconded by Council Member Mullins, and carried 5-0 by roll call vote, to:

ORDINANCE NO. 23-3,991
Adopt AN EXTENSION OF AN ADOPTED URGENCY ORDINANCE

OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING

INTERIM DEVELOPMENT CONTROLS FOR TWO -UNIT

RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS IN ALL

SINGLE-FAMILY RESIDENTIAL ZONES, TO ALLOW THE CITY

TIME TO STUDY AND CONSIDER ENACTMENT OF ZONING
MEASURES IN RESPONSE TO SENATE BILL (SB) 9. (Requires 4/5th vote for adoption)

REPORTS TO COUNCIL:

7. Introduction of an Ordinance Adding Article 4 to Chapter 2 of Title 4 to the Burbank Municipal Code, Regarding Plastic Waste Reduction Regulations

Joseph McDougall, City Attorney; Ken Berkman, Public Works Director; John Molinar, Assistant Public Works Director; and Amber Duran, Recycling Coordinator, presented the report and responded to City Council inquiries.

Public Comment:

Appearing to comment were: Beatriz Porto, Nancy E. Guillen , Joel Schlossman, and Kevin McCarney.

Council Action:

It was moved by Vice -Mayor Schultz and carried by Council Consensus 5-0 by a show of hands to continue with City business past 11:00 p.m.

Council Action:

It was moved by Council Member Mullins, seconded by Council Member Perez, and carried 5- 0 as amended by roll call vote, to d eny the Ordinance as proposed and that Staff return to City Council by September 26, 2023, with a new proposed Ordinance that includes input from the business community and the Sustainable Commission, and the revisions suggested by the Council during deliberations.

NOT INTRODUCED

1. Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 2 (SOLID WASTE, WEEDS
AND LITTER) OF TITLE 4 (HEALTH AND SANITATION) OF THE
BURBANK MUNICIPAL CODE TO ADD ARTICLE 4 (PLASTIC
WASTE REDUCTION).

2. Find that the adoption of the ordinance is exempt from CEQA under 14 CCR sections 15060(c)(2), 15061(b)(3), and 15308.

3/14/2023

6 Council Committee
Assignment Report

Council Comments

Introduction of
Additional Agenda
Items

Adjournment
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 a report on Small Claims C ourt at the City of Burbank Courthouse.

Council Member Takahashi requested an agenda item to consider raising the Pride Flag during the month of June.

ADJOURNMENT:

There being no further business to come before the City Council, the meeting was adjourned in Memory of City of Burbank Employee Sevan Khachatourians at 11:32 p.m. to Tuesday, March 28, 2023, for a Regular Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.

_s/Melissa Dekermenji________________
Melissa Dekermenji, CMC
Records Manager

_s/Konstantine Anthony_________________
Konstantine Anthony
Mayor

APPROVED DATE: March 28, 2023

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