1 CITY OF BURBANK
CITY COUNCIL MEETING
TUESDAY, JULY 18, 2023
Call to Order
Present:
Absent:
Also Present:
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 5:03 p.m. by Mayor Anthony.
Council Members Mullins , Perez, Takahashi, Vice-Mayor Schultz (attended virtually), 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: Deborah Dunn-Tremblay v. City of Burbank, et al. c. Case No.: 23BBCV01028
d. Brief description and nature of case: Personal Injury
2. Conference with Real Property Negotiator:
a. Pursuant to Govt. Code §54956.8
b. Property: Courthouse Parking Structure (301 E. Angeleno Ave., Burbank, CA 91502).
c. Parties Whom Agency or City is Negotiating with: Creative International Investment Inc.
d. City Negotia tor: David Kriske, Assistant Community
Development Director, Transportation Division
e. Terms Under Negotiation: Price and terms of lease amendment.
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 6:02 p.m. by Mayor Anthony.
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, Takahashi , Vice -Mayor Schultz (attended virtually) and Mayor Anthony.
None.
City Manager Hess, City Attorney McDougall, and City Clerk Clark.
Mayor Anthony indicated there would be five (5) periods of Public Comment - one period of General Public Comment , one period of Public Comment for each Public Hearing, and one period during each Report to Council at this evening’s meeting and those who wish to participate in 7/ 18/2023
2 General Public
Comment
Motion
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 Anthony displayed a PowerPoint Presentation announcing the following: (1) Public Hearing for the Districting Process on July 25th; (2) SB 35 Community Meeting on July 26th; and (3) National Night Out on August 1st.
CITY MANAGER REPORT:
City Manager Hess invited Marisa Garcia, Parks & Recreation Director, who provided an update on the City’s upcoming reforestation 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.
PRESENTATION:
Mayor Anthony introduced Dr. Jeff Wassem, Board Member, who introduced Steve Vetrone, Director of Scientific Technical Services, Greater Los Angeles County Vector Control District, who provided a general update from the Greater Los Angeles County Vector Control District.
GENERAL PUBLIC COMMENT:
Appearing to comment were : Stephen Hager, Jim Roy, Samuel Quanah D. Campbell, Nori Walla, Stefanie G irard, Cynthia Pease, Dyane MacKinnon, Loretta Figueroa, Eryn Krueger Mekash, James MacKinnon, Rafael Molina, Dennis Bomar, Cheryl Bomar, Jason Everly, John R.
Fisher, Steve Mayer, Terry Norton, Ron Bax, Heidi Siapkaris, Adrianos Facchetti, Jean Schanberger , Robbie Brody, David Donahue, Dan Kleiman, Tarrah Barbour, Alex Arciniega, Eric Conner, Anet Abnous, Armin Khachadourian, Molly Shore, Joe Davenport, and Narek Mkrtoumian.
Calling in to comment were: Andrew Pesina, Jason Bennett , Adam Goldberg, Linda Johnson, Linda Bessin, Simon Hammel, Tammy Walker, Howard Friedman, and Liz Radley.
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 Item Nos. 1 - 8 and 10 with Mayor Anthony Abstaining on Item No. 4.
Council Member Takahashi pulled Item No. 9 for separate consideration.
7/ 18/2023
3 City Council Minutes
Approval of a
Memorandum of
Agreement for
Implementation of the
Coordinated Integrated
Monitoring Program
and Watershed
Management Program
for the Upper Los
Angeles River
Watershed and Find
the Memorandum
Categorically Exempt
Approval of a Right-of-
Entry Agreement with
Pacific Coast
Sightseeing, Tours and
Charters, Inc. to
Provide Inter-City Bus
Service at the
Downtown Burbank
Metrolink Station
Resolution Authorizing
the Execution of
Master Agreements
with the California
Department of
Transportation for
State and Federal Aid
Funded Transportation
Projects, Approval of
Fund Transfer
Agreements Between
1. City Council Minutes
Approve the City Council Minutes of the Joint Meeting of June 13, 2023, the Special Meeting of June 14, 2023, the Dark Meetings of June 20, 2023, July 4 and July 11, 2023, and the Regular Meeting of June 27, 2023.
2. Approval of a Memorandum of Agreement for Implementation of the Coordinated Integrated Monitoring Program and Watershed Management Program for th e Upper Los Angeles River Watershed and Find the Memorandum Categorically Exempt
1. Find the Memorandum of Agreement (MOA) to be categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Class 7 and Class 8 exemptions set forth in Sections 15307 and 15308 of the CEQA guidelines.
2. Approve a MOA with 18 other permittees regarding the administration and cost-sharing for implementing the Coordinated Integrated Monitoring Program and Watershed Management
Program for the Upper Los Angeles River Watershed Management Area, with a not to exceed amount of $179,362.
3. Approval of a Right -of-Entry Agreement with Pacific Coast Sightseeing, Tours and Charters, Inc. to Provide Inter-City Bus Service 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 Metrolink Station (“Metrolink 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 a one-year Right-of-Entry Agreement (including four, one- year options to extend) with Pacific Coast Sightseeing, Tours a nd Charters, Inc. to continue operations at the Metrolink Station.
3. Authorize the Community Development Department Director, as the City Manager’s Designee, to execute the Right -of-Entry Agreement and to administratively execute and approve any subsequent one-year options to extend.
4. Adoption of a Resolution Authorizing the Execution of Master Agreements with the California Department of Transportation for State and Federal Aid Funded Transportation Projects, Approval of Fund Transfer Agreements Between Cal trans and the City for receipt of $5,100,000 for Transportation Related Projects, Amendment of the Fiscal Year 2023- 2024 Budget by Appropriating $5,100,000, and Approval of a Subrecipient Agreement with the Boys & Girls Club of Burbank and Greater East Val ley for the Receipt of $100,000 for the Purchase of Minivans
7/ 18/2023
4 Caltrans and the City
for receipt of
$5,100,000 for
Transportation Related
Projects, Amendment
of the Fiscal Year
2023-2024 Budget by
Appropriating
$5,100,000, and
Approval of a
Subrecipient
Agreement with the
Boys & Girls Club of
Burbank and Greater
East Valley for the
Receipt of $100,000
for the Purchase of
Minivans
Approval of a Jail Food
Services Agreement
Between the City of
Burbank and the
County of Los Angeles
to Provide Meals for
Detainees
Resolution Authorizing
the Execution of a
Subaward Agreement
with the Los Angeles
County Aging and
Disabilities Department
to Accept Subaward
Funds to Support the
City of Burbank’s
Supplemental Nutrition
Programs and
Supportive Services
Authorizing the City
Manager to Execute
the Subaward
Agreement, and
Amending the Adopted
Fiscal Year 2023-2024
Budget by
Appropriating Funds
RESOLUTION NO. 23-29,443
1. Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE EXECUTION OF MASTER
AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS,
FUND EXCHANGE AGREEMENTS, AND FUNDS TRANSFER
AGREEMENTS (FTA) WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION (CALTRANS) FOR STATE AND
FEDERAL-AID FUNDED TRANSPORTATION PROJECTS.
2. Approve the FTA between Caltrans and the City for Receipt of a Combined $5,100,000 for Tr ansportation Related Projects under the State Budget Act of 2022.
3. Amend the Fiscal Year 2023- 2024 Budget by appropriating funds in the amount of $5,100,000 as provided in the Fiscal Impact section of the Staff Report dated July 18, 2023.
4. Approve a Subrecipient Agreement with the Boys & Girls Club of Burbank and the Greater East Valley for Receipt of $100,000 for the Purchase of Minivans, and authorize the Community
Development Director, as the City Manager’s Designee, to execute the Subrecipient Agreement and any Amendments Thereto.
5. Approval of a Jail Food Services Agreement Between the City of Burbank and the County of Los Angeles to Provide Meals for Detainees
Approve a Food Services Agreement by and between the County of Los Angeles and the City of Burbank to provide meals for detainees in the jail facility.
6. Adoption of a Resolution Authorizing the Execution of a Subaward Agreement with the Los Angeles Count y Aging and Disabilities Department to Accept Subaward Funds to Support the City of Burbank’s Supplemental Nutrition Programs and Supportive Services Authorizing the City Manager to Execute the Subaward Agreement, and Amending the Adopted Fiscal Year 2023- 2024 Budget by Appropriating Funds
RESOLUTION NO. 23-29,444
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE EXECUTION OF A SUBAWARD
AGREEMENT WITH THE LOS ANGELES COUNTY AGING AND
DISABILITIES DEPARTMENT COUNTY TO ACCEPT SUBAWARD
FUNDS TO SUPPORT THE CITY OF BURBANK’S SUPPLEMENTAL
NUTRITION PROGRAMS AND SUPPORTIVE SERVICES,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBAWARD AGREEMENT, AND AMENDING THE ADOPTED
FISCAL YEAR 2023-2024 BUDGET BY APPROPRIATING FUNDS.
7/ 18/2023
5 Approval to Accept
Additional $27,500 Los
Angeles County Aging
and Disabilities
Department One-Time-
Only Funding to
Provide Contracted
ENP Older American
Act Title III C-1 and
Title III C-2 Services
during Fiscal Year
2022-2023
Approval of the
Request for the Use of
Business Cards for
Parks and Recreation
Board
Approval to Excuse
Absences of
Sustainable Burbank
Commissioner
Draft Maps for the
City’s Transition to
District-Based
Elections
Public Hearing
Opened
Staff Report
Public Hearing Public
Comment
Public Hearing Closed
7. Approval to Accept Additional $27,500 Los Angeles County Aging and Disabilities Department One-Time-Only Funding to Provide Contracted ENP Older American Act Title III C -1 and Title III C-2 Services during Fiscal Year 2022-2023
Amend the Fiscal Year 2022- 2023 Adopted Budget to appropriate $27,500 from revenue account 001.PR000.48010.1145.000000 (General Fund, Other Intergovernmental Revenue, Los Angeles County Aging and Disabilities Department One Time Only Funding Allocations Nu trition State C -1) to expenditure account 001.PR42A.62300.0000.000000 (General Fund, Supplemental Nutrition Program, Special Department Supplies), and $4,500 from revenue account 001.PR000.48010.1145.000000 (General Fund, Other Intergovernmental Revenue, L os Angeles County Aging and Disabilities Department One Time Only Funding Nutrition State C-2) to account number 001.PR42A.62300.0000.000000 (General Fund, Supplemental Nutrition Program, Special Department Supplies).
8. Approval of the Request for the Use of Business Cards for Parks and Recreation Board
Approve the issuance of Parks and Recreation Board business cards to Board Members.
10. Approval to Excuse Absences of Sustainable Burbank Commissioner
Excuse the absences of Sustainable Burbank Commissioner Kevin O’Brien.
PUBLIC HEARING:
11. Public Hearing Regarding Draft Maps for City’s Transition to District - Based City Council Elections
The Public Hearing was opened at 9:05 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 3 written correspondences were received.
Joseph McDougall, City Attorney, and Douglas Johnson with National Demographics Corporation presented the PowerPoint presentation and responded to City Council Inquiries.
Public Hearing Public Comment:
Appearing to comment were: David Donahue, Garen Yegparian, and David Holtzman
Calling in to comment were: Debra Binde and Gary Bric.
The Public Hearing was closed at 10:03 p.m.
7/ 18/2023
6 Motion
Extension of Urgency
Ordinance Imposing a
Moratorium on New or
Replacement Firearms
Retailers in the City,
and Update ZTA to
Establish Regulations
Public Hearing
Opened
Staff Report
Public Hearing Public
Comment
Public Hearing Closed
Motion
Council Action:
It was moved by Council Member Mullins, seconded by Council Member Perez, and carried 5-0 by roll call vote, to direct staff to further narrow the draft map submissions for NDC and the public to consider focus maps, provide direction to the demographer regarding revisions or combinations of maps to add (if any), and schedule a nother public hearing on the amended maps.
12. Adoption of a Second Extension of Urgency Ordinance No. 22 -3,977 Imposing a Moratorium on New or Replacement Firearms Retailers in the City of Burbank, and Update on the Zone Text Amendment to Establish Zoning Regulations for Firearm Retailers
The Public Hearing was opened at 10:54 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 t hat 11 written correspondences were received.
Joseph McDougall, City Attorney; Fred Ramirez, Assistant Community Development Director – Transportation and Planning; Xjvirr Thomas, Associate Planner; and Catherine Tang Saez of Dudek Consulting , presented the PowerPoint presentation and responded to City Council inquiries.
Public Hearing Public Comment:
Appearing to comment was: David Donahue
Calling in to comment was: Julie D'angello.
The Public Hearing was closed at 11:20 p.m.
Council Action:
It was moved by Council Member Mullins, seconded by Council Member Perez, and carried 5-0 by roll call vote, to:
ORDINANCE NO. 23-3,998
Adopt A SECOND EXTENSION OF AN URGENCY ORDINANCE OF
THE COUNCIL OF THE CITY OF BURBANK IMPOSING A
MORATORIUM ON THE ESTABLISHMENT OF NEW OR
REPLACEMENT RETAIL USES SELLING FIREARMS OR
AMMUNITION, TO ALLOW STAFF TO STUDY AND CONSIDER
ENACTMENT OF ZONING MEASURES FOR FUTURE FIREARM
RETAIL USES. (Requires 4/5th vote for adoption).
Council Members voted by consensus to continue with City business past 11:00 p.m.
7/ 18/2023
7 Introduction of an
Ordinance Amending
BMC Section 2-1-426,
to Change the Total
Membership of the IOB
from 7 to 5 Members
Motion
Appointment to Fill
Vacancies on Various
Boards, Commissions,
and Committees
Staff Report
Public Comment
Motion
CONSENT CALENDAR ITEM PULLED FOR SEPARATE
CONSIDERATION:
9. Introduction of an Ordinance Amending Burbank Municipal Code Section 2-1-426, to Change the Total Membership of the Infrastructure Oversight Board from Seven Members to Five Members
Council Member Takahashi pulled Item No. 9 from Consent to seek clarification. City Manager Hess, City Clerk Clark, and City Attorney McDougall responded to City Council inquiries.
Council Action:
It was moved by Council Member Mullins, seconded by Council Member Perez, carried 4-1 (Anthony, dissent) by roll call vote, to
Not Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING BURBANK MUNICIPAL CODE SECTION 2 -
1-426, TO CHANGE THE TOTAL MEMBERSHIP OF THE
INFRASTRUCTURE OVERSIGHT BOARD FROM SEVEN
MEMBERS TO FIVE MEMBERS.
REPORTS TO COUNCIL:
13. Appointment to Fill Vacancies on Various City of Burbank Boards, Commissions, and Committees
Kimberley Clark, City Clerk, presented the staff report and responded to City Council inquiries.
Public Comment:
Appearing to comment were: Anne Wenzel, Adrine Der -Tavitian, and Andre Dionysian.
Council Action:
By City Council Majority, it was approved to make appointments to the following City of Burbank Boards, Commissions, and Committees:
• Anne Wenzel, Mike Chapman, and Michael Elman to the Police Commission for full, 4-Year Term ending July 31, 2027.
• Myeisha Peguero Gamino and Michael DePalo to the Park, Recreation and Community Services Board for a full, 4-Year Term ending July 31, 2027.
• Adrianos Facchetti, Rebecca Kalauskas, and Andre Dionysian to the Transportation Commission for a full, 4-Year Term ending July 31, 2027.
• Robin Gemmil, Limor Zimskind, Jenny Deahl, and Jared
Cavagnuolo to the Sustainable Burbank Commission for a full, 4 - Year Term ending July 31, 2027.
• Michael Elric and Narek Mkrtoumian to the Planning Commission for a full, 4-Year Term ending July 31, 2027.
7/ 18/2023
8 Appointments to the
Sustainable Burbank
Commission, Cultural
Arts Commission and
Infrastructure
Oversight Board
Staff Report
Public Comment
Motion
Council Committee
Assignment Report
Council Comments
Introduction of
Additional Agenda
Items
• Cynthia Pease, Katherine Zoraster, Eric Conner, Monica Pa Moye, and Anet Abnous to the Burbank Cultural Arts Commis sion for a full, 4-Year Term ending July 31, 2027.
• Jenna Hunter, Jean Schanberger, Linda Bessin, and Armen Avazian to the Infrastructure Oversight Board for a full, 4 -Year Term ending July 31, 2027.
14. Appointment to Fill One Vacancy on the Sustainable Burbank Commission, Fill One Vacancy on the Burbank Cultural Arts Commission and Fill One Vacancy on the Infrastructure Oversight Board for Unexpired Terms
Kimberley Clark, City Clerk, presented the staff report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: none.
Council Action:
It was moved by City Council Majority, and by roll call vote, to appoint:
• Adrine Der-Tavitian to the Sustainable Burbank Commission for an unexpired term ending July 31, 2025.
• Mercedes Molina to the Burbank Cultural Arts Commission for an unexpired term ending July 31, 2025.
• Colin Hoffmeister to the Infrastructure Oversight Board for an unexpired term ending July 31, 2025.
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:
Council Member Mullins requested a f irst step staff report on the composition of the City’s Boards and Commissions.
Council Member Takahashi request ed (1) a report on the Aleppo tree removal before further action is taken; and (2) a report or memo on Airbnb listings in Burbank and communication with the company on the removal of short-term listings and prevention of future listings.
Vice-Mayor Schultz requested a f irst step report on the categoriza tion of wrestling in the Burbank Municipal Code and potential changes to the code.
7/ 18/2023
9 Adjournment
Mayor Anthony request (1) a memo on the tree replacement fee schedule; and (2) the consideration of writing a letter signed by all Council Members to the AMPTP and SAG-AFTRA encouraging the unions to come to a quick and fair agreement.
ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 12 :32 a.m. to Tuesday, July 25 , 2023, for a Regular 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: August 8, 2023