1 CITY OF BURBANK
CITY COUNCIL JOINT MEETING WITH THE SUCCESSOR AGENCY,
HOUSING AUTHORITY, PARKING AUTHORITY, PUBLIC FINANCING AUTHORITY,
AND YOUTH ENDOWMENT SERVICES FUND BOARD MINUTES
TUESDAY, MAY 23, 2023
Call to Order
Present:
Absent:
Also Present:
Call to Order
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 4:01 p.m. by Mayor Anthony.
Council Members Mullins , Perez, 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: Mary Helen Cabrera v. City of Burbank
c. Case No.: 19STCV00635
d. Brief description and nature of case: Personal Injury
2. Conference with Legal Counsel – Existing Litigation:
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Aram Keledjian v. City of Burbank
c. Case No.: 21STCV28391
d. Brief description and nature of case: Premise Liability
3. Conference with Legal Counsel – Existing Litigation:
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Los Angeles Waterkeeper v. California State Water Resources, Respondent, City of Burbank, Real Party in Interest
c. Case No.: BS171009 (Lead Case)
d. Brief description and nature of case: Writ – Administrative Mandamus (General Jurisdiction)
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 Organization(s) Representing Employee: International Brotherhood of Electrical Workers
A Joint Meeting of the City Council and 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 6:07 p.m. by Mayor Anthony.
5/ 23/2023
2 Moment of
Reflection
Flag Salute
Roll Call
Present:
Absent:
Also Present:
Mayor Anthony held a Moment of Reflection to begin the meeting with positive and collective support for our beloved community.
The Pledge of Allegiance was led 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.
Mayor Anthony indicated there would be seven (7) periods of Public Comment - one period of General Public Comment , one period of Public Hearing Public Comment, and one period during each 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 Report to Council Public Comment period will only be taken in person.
ANNOUNCEMENTS:
Mayor Anthony displayed a PowerPoint Presentation announcing the following: 1) Memorial Day Ceremony; 2) OurBurbank 311 App; 3 ) Community Forums for Districting Process; and 4) July Annual Vacancies on Boards and Commissions.
COUNCIL PRESENTATIONS/RECOGNITIONS:
Mayor Anthony presented a Proclamation Declaring May 21 -27, 2023 “Public Works Week” in the City of Burbank and introduced Ken Berkman, Public Works Director, who made remarks.
Mayor Anthony presented a Proclamation Declaring June 2, 2023 “National Gun Violence Awareness Day” in the City of Burbank and introduced Jared Cavagnuolo, Ruth Kennedy -Mountjoy, and Laura Petitt, Members of the Moms Demand Action Movement — San Fernando C hapter, who made remarks.
Mayor Anthony presented a Proclamation Declaring May 1-31, 2023 “Older Americans Month” in the City of Burbank and introduced Bruce Oldham, Chair of the Burbank Senior Citizen Board, who made remarks.
Mayor Anthony presented Certificates of Recognition to Douglas Chadwick and Donald Baldaseroni for being named as the "Peter McGrath Older American Volunteer Service Award" Recipients and introduced Kim Freed, Burbank Parks and Recreation Supervisor, who made remarks.
CITY MANAGER REPORT:
City Manager Hess indicated there were no items to report.
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 on Closed Session Item Nos. 1, 2 and 4 . On Closed Session Item No. 3, City Council directed Joseph McDougall, City Attorney, to enter into a Joint Defense Agreement with the City of Glendale 5/ 23/2023
3 Joint General Public
Comment
Motion
City Council Minutes
Successor Agency
Minutes
Housing Authority
Minutes
Parking Authority
Minutes
Public Financing
Authority Minutes
Youth Endowment
Services Fund Board
Minutes
who is also a real party of interest in this case to defend the case on behalf of the City of Burbank
JOINT GENERAL PUBLIC COMMENT:
Appearing to comment were: Joel Schlossman, Roy Simison, Ron Bax, Michael Hastings, Chris Rizzotti, Kristy Maloof, Mira Shah, John Fisher, David Donahue, Clint Allisone, Karen Thornton, Jim Lane, Martha Yurel, Giselle Martinez, Linda Granero, Jose Pimienta , Stephanie Clendinen, Jared Cavagnuolo, Tarrah Barbaur, Alisa Cunningham, and Amy D’Allessandro Stolz.
Calling in to comment were: Janet Moulin, Michael Mills, Darin Chase, Mary C., Elaine Stevens, Alissandra Valdez, Robert Gregorian, Jack, Ginny Barnett, George, Jay Geisenheimer, and Viki P.
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, and carried 5-0 by roll call vote to approve the Consent Calendar with Mayor Anthony Abstaining on Item No. 9.
1. City Council Minutes
Approve the City Council Minutes of the Regular Meeting of April 25, 2023, the Dark Meeting of May 2, 2023, and the Joint Meetings of May 9 and May 16, 2023.
2. Successor Agency Minutes
Approve the Successor Agency Minutes of the Joint Meetings of May 9 and May 16, 2023.
3. Housing Authority Minutes
Approve the Housing Authority Minutes of the Joint Meetings of May 9 and May 16, 2023.
4. Parking Authority Minutes
Approve the Parking Authority Minutes of the Joint Meetings of May 9 and May 16, 2023.
5. Public Financing Authority Minutes
Approve the Public Financing Authority Minutes of the Joint Meetings of December 13, 2022.
6. Youth Endowment Services Fund Board Minutes
Approve the Youth Endowment Services Fund Board Minutes of the Joint Meeting of February 28, 2023.
5/ 23/2023
4 Procurement Plan for
BurbankBus Fixed-
Route Transit Services
Santa Anita Playlot
Playground Project
Multi-Year
Reimbursement
Agreements with
Family Service Agency
and Boys and Girls
Club
Electric Vehicle
Charging Infrastructure
Projects
Memorial Flagpole
from the BPF to Honor
the Memory of Officer
Matthew Pavelka
7. Update on the Procurement Plan for BurbankBus Fixed -Route Transit Services
Note and file.
8. Adoption of a Resolution Approving the Filing of an Application for Grant Funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding for the Santa Anita Playlot Playground Project, and Authorizing the City Manager to Acce pt and Administer Grant Funds for the Santa Anita Playlot Playground Project
RESOLUTION NO. 23-29,424
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING THE FILING OF AN APPLICATION FOR
GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL
PARK AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING
FOR THE SANTA ANITA PLAYLOT PLAYGROUND PROJECT AND
AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER GRANT FUNDS FOR THE SANTA ANITA PLAYLOT
PLAYGROUND PROJECT.
9. Approval of Multi -Year Reimbur sement Agreements with Family Service Agency for the School Based Counseling Program and with Boys and Girls Club for the Drop-In Middle School Program
Approve multi-year reimbursement agreements with the Family Service Agency of Burbank for School-Based Counseling Services and Boys & Girls Club of Burbank and Greater East Valley for the Drop- In Middle School Programs, to be paid for by annual expenditures up to $270,000 for a period of three years from the youth services holding account.
10. Adoption of a Resolution to Submit a Grant Application to the U.S.
Department of Transportation’s Charging and Fueling Infrastructure Discretionary Grant Opportunity, to Authorize the Grant Application, Acceptance, and Execution for Electric Vehicle Charging Infrastructure Projects
RESOLUTION NO. 23-29,425
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE GRANT APPLICATION,
ACCEPTANCE, AND EXECUTION FOR ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE PROJECTS.
2. Finding that this activity is exempt from CEQA (14 CCR §§ 15301 and 15303).
11. Acceptance of a Donation of a Memorial Flagpole from the Burbank Police Foundation to Honor the Memory of Officer Matthew Pavelka and be Installed at Johnny Carson Park
Accept the donation of a memorial flagpole valued at $19,035 from the Burbank Police Foundation to honor the memory of Officer Matthew Pavelka and be installed at Johnny Carson Park.
5/ 23/2023
5 California State Library
Grant
AB 1482 and Tenant
Protections Study
Session
Urgency Ordinance to
Amend the
Streamlined Ministerial
Review and Public
Oversight Process for
Development Projects
Submitted Under the
Streamlined Ministerial
Approval Process
When Required by
State Law, Including
Government Code
Sections 65913.4 (SB
35) and 65912.100
(AB 2011)
Ordinance to Amend
the City’s Zoning
Regulations to
Establish Objective
Design and
Development
Standards for Mixed-
Use and Residential
Projects in
Nonresidential Zones
12. Adoption of a Resolution Authorizing the Acceptance of a Grant from the California State Library in the Amount of $5,400 and Amending the Fiscal Year 2022-23 Budget by Appropriating Funds
RESOLUTION NO. 23-29,426
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK TO AUTHORIZE THE ACCEPTANCE OF A GRANT FROM
THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $5,400 AND AMEND THE FISCAL YEAR 2022 -23 BUDGET BY RECEIVING AND
APPROPRIATING FUNDS.
13. Approval of a Legal Services Agreement and Budget Amendment for Assembly Bill 1482 and Tenant Protections Study Session
1. Approve a budget amendment to the Fiscal Year 2022-23 Adopted Budget appropriating $50,000 to retain special legal counsel to hold a study session on Assembly Bill 1482 and tenant protection strategies.
2. Authorize the City Attorney, or their designee, to e nter into a Legal Services Agreement with counsel specializing in state and municipal tenant protection mechanisms as recommended by staff, and to execute any ancillary documents necessary to effectuate the implementation thereof.
14. Adoption of an Urgency Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process When Required by State Law, Including Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)
ORDINANCE NO. 23-3,993
Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BURBANK TO AMEND THE STREAMLINED MINISTERIAL
REVIEW AND PUBLIC OVERSIGHT PROCESS FOR
DEVELOPMENT PROJECTS SUBMITTED UNDER THE
STREAMLINED MINISTERIAL APPROVAL PROCESS WHEN
REQUIRED BY STATE LAW, INCLU DING GOVERNMENT CODE
SECTIONS 65913.4 (SB 35) and 65912.100 (AB 2011).
PUBLIC HEARING:
15. Introduction of an Ordinance to Amend the City’s Zoning Regulations to Establish Objective Design and Development Standards for Mixed-Use and Residential Projects in Nonresidential Zones
5/ 23/2023
6 Public Hearing
Opened
Staff Report
Public Hearing Public
Comment
Public Hearing Closed
Motion
Urgency Ordinance to
Amend the City’s
Zoning Regulations to
Establish Objective
Design and
Development
Standards for Mixed-
Use and Residential
Projects in
Nonresidential Zones
Staff Report
Public Comment
Motion
The Public Hearing was opened at 8:14 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.
Greg Mirza -Avakyan, Associate Planner; Amanda Laundry, Senior Planner; Joseph McDougall, City Attorney; and Fred Ramirez, Assistant Community Development Director , Transportation and Planning, presented the PowerPoint presentation and responded to City Council inquiries.
Public Hearing Public Comment:
Appearing to comment was: Joel Schlossman.
Calling in to comment w ere: James DeCarli, Linda Rappaport, Jim Casey, and Simon Hammel.
The Public Hearing was closed at 9:49 p.m.
Council Action:
It was moved by Council Member Perez, seconded by Council Member Takahashi, and carried 5-0 by roll call vote, to:
Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE
BURBANK MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN
AND DEVELOPMENT STANDARDS FOR MIXED- USE AND
RESIDENTIAL-ONLY PROJECTS IN NONRESIDENTIAL ZONES.
REPORTS TO COUNCIL:
16. Adoption of an Urgency Ordinance to Amend the City’s Zoning Regulations to Establish Objective Design and Development Standards for Mixed-Use and Residential Projects in Nonresidential Zones
Greg Mirza-Avakyan, Associate Planner ; Amanda Landry, Senior Planner; and Joseph McDougall, City Attorney , presented the PowerPoint presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment were: Joel Schlossman, David Donahue, and Greg Babor.
Council Action:
It was moved by Council Member Perez, seconded by Council Member Mullins, and carried 5-0 by roll call vote, to:
5/ 23/2023
7 2023 COB Investment
Policy
Staff Report
Joint Public Comment
Motion
Investment Portfolio for
March 31, 2023
Staff Report
Joint Public Comment
Motion
BWP Wildfire
Mitigation Plan
Staff Report
Public Comment
ORDINANCE NO. 23-3,994
Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF
THE BURBANK MUNICIPAL CODE TO ESTABLISH OBJECTIVE
DESIGN AND DEVELOPMENT STANDARDS FOR MIXED-USE AND
RESIDENTIAL-ONLY PROJECTS IN NONRESIDENTIAL ZONES .
(Requires 4/5th vote for adoption).
17. Approval of the 2023 City of Burbank Investment Policy (All Agencies)
Krystle Palmer, City Treasurer, presented the PowerPoint Presentation and responded to City Council inquiries.
Joint Public Comment:
Appearing to comment was: Joel Schlossman.
Council Action:
It was moved by Council Member Mullins, seconded by Vice-Mayor Schultz, and carried 5-0 by roll call vote, to approve the 2023 Investment Policy as proposed.
18. Review of City Treasurer’s Investment Portfolio Report for March 31, 2023 (All Agencies)
Krystle Palmer, City Treasurer, presented the PowerPoint Presentation and responded to City Council inquiries.
Joint Public Comment:
Appearing to comment was: None.
Council Action:
It was approved by City Council Consensus to note and file.
Council Members voted by a show of hands to continue with City business past 11:00 p.m.
19. Verify Independent Evaluator Report and Annual Update to the Burbank Water and Power Wildfire Mitigation Plan
Sven Knauth, Electrical Engineer and Andrew Dressel, GuideHouse Consulting, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment was: None.
Council Member Perez left the dais at 11:09 p.m. and returned at 11:11 p.m.
5/ 23/2023
8 Motion
Safe Parking Program
for Vehicle Dwellers
Staff Report
Public Comment
Motion
Council Committee
Assignment Report
Council Comments
Introduction of
Additional Agenda
Items
Adjournment
Council Action:
It was moved by Vice -Mayor Schultz, seconded by Council Member Mullins, and carried 4-0 (Perez, Absent) by roll call vote to:
1. Verify that Burbank Water and Power’s Wildfire Mitigation Plan complies with all applicable rules, regulations, and standards.
2. Direct Burbank Water and Power to accept all reasonable and appropriate comments on the Wildfire Mitigation Plan from the public, other local and state agencies, and interested parties that are received prior to July 1, 2023.
20. Discussion of a Safe Parking Program for Vehicle Dwellers
Robert Newman, Administrative Analyst II, Community Development Department; Joseph McDougall, City Attorney; Simone McFarland, Assistant Community Development Director, Housing and Economic Development; and Captain Denis Cremins, Burbank Police Department, presented the PowerPoint Presentation and responded to City Council inquiries.
Public Comment:
Appearing to comment were: David Donahue, John Fisher, Greg Babor, Jose Pimienta, and Joel Schlossman.
Council Action:
It was moved by Vice -Mayor Schultz, seconded by Council Member Perez, and carried 4 -1 (Mullins dissent) to direct staff to return with a second step report including potential locations for the Safe Parking Program for Vehicle Dwellers.
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:
Mayor Anthony requested a first step report on a City ban of live ammunition in television and film production.
ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 12:49 a.m. to Tuesday, June 6, 2023, for a Joint Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
_s/Kimberley Clark___________________
Kimberley Clark
City Clerk
_s/Konstantine Anthony________________
Konstantine Anthony
Mayor
APPROVED DATE: June 6, 2023