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Agenda

Burbank City Council
October 3, 2023

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Agenda
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October 3, 2023
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Burbank City Council
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COUNCIL AGENDA - CITY OF BURBANK
TUESDAY, OCTOBER 3, 2023
4:30 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, October 3, 2023, at 4:30 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 3:30 p.m. the day of the meeting.

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

Emails received on or before 3:30 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.

Public Disclosure:

Please be advised that any communication submitted to the City of Burbank, its officials, staff or City consultants, may be considered a public record under the Brown Act and California Public Records Act. This means that any information contained in the communication, including personal information, may be subject to public disclosure. The City reserves the right to disclose such information in accordance with the law.? B.

Closed Session in City Hall First Floor Conference Room:

1. Conference with Legal Counsel – Anticipated Litigation:
a.

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

Number of potential case(s): 1 Nick Gutierrez, CA Voting Rights Act 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.

C.

Call to Order: 6:00 p.m.

D.

Moment of Reflection:

E.

Flag Salute:

F.

Roll Call:

G.

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

Council Presentations/Recognitions: (The Mayor will make presentations to various groups/persons)

1. Presentation of a Proclamation Declaring October 8-14, 2023, “Fire Prevention Week” in the City of Burbank – City Council

2. Presentation of a Proclamation Declaring October 9, 2023, “Indigenous People’s Day” in the City of Burbank – City Council

3. Presentation of a Proclamation Declaring October 1-7, 2023, “Public Power Week” in the City of Burbank – City Council

4. Presentation of a Proclamation Declaring October 1-31, 2023, "Domestic Violence Awareness Month" in the City of Burbank - City Council I.

City Manager Report: (Updates on Notable Events, if any) J.

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

General Public Comment: (Three minutes on any matter concerning City business and/or any agenda items.) 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.

L.

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) M.

Consent Calendar: (Items on the Consent Calendar are generally routine matters and should be adopted by one motion without an oral report)

1. City Council Minutes – City Clerk’s Office
Recommendation:

Approve the City Council Minutes of the Joint Meeting of September 26, 2023.

MOTION: Approved 5-0
City Council Minutes

2. Approval of the Change Order to the Contract with Doty Bros. Equipment Company (Bid Schedule No. 1498) – Burbank Water and Power Department

1. Approve the proposed change order to the contract with Doty Bros. Equipment Company (Bid Schedule No. 1498), increasing the contract amount from $1,000,000 to $3,500,000 for the third contract year from April 12, 2023, through April 11, 2024, and authorize the General Manager (GM) of Burbank Water and Power, as designee of the City Manager, to execute the change order.

2. Grant the GM of BWP authority to renew Bid Schedule No. 1498 for an additional fourth renewal pursuant to an amendment in form and substance satisfactory to the City Attorney’s Office and to execute future change orders in the current or future renewal contract years up to the budgeted amount of the applicable project.

MOTION: Approved 5-0
Staff Report
Attachment 1

3. Approval of Purchase and Sale Agreement and Environmental Determination to Facilitate the Purchase of Property at 904-906 N. Lake Street – Community Development Department

1. Find that the purchase of the real property located at 904-906 N. Lake Street (Property) and continued use of the Property for warehousing and storage uses does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) because the activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Furthermore, the activity is exempt from CEQA under the common sense exemption as it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c)(2)-(3), 15061(b)(3), 15378).  As such, no additional environmental analysis is required at this time.

2. Approve the City’s purchase of the Property for $8,200,000.

3. Approve the form of the Purchase and Sale Agreement and Escrow Instructions (Agreement) and authorize staff to continue negotiating the final form as long as no changes are made to increase the purchase price or modify the description of property being purchased, which final Agreement shall be approved as to form by the City Attorney?s Office.

4. Authorize the City Manager or his designee to execute the final Agreement and undertake all actions necessary to complete the purchase in accordance with the final Agreement.

5. Amend the Fiscal Year 2023-24 Budget by appropriating the balance of the purchase, totaling $7,800,000, from account number 494.ND000.33000.1004.000000.00000 (Water Reclamation and Sewer Fund, Non-Departmental Hyperion Plant) to expenditure account number 494.PW23A.15001.0000.000000.00000 (Water Reclamation and Sewer Fund, Sewer Engineering and Design, Land-Clearing).

MOTION: Approved 5-0
Staff Report
Attachment 1
Attachment 2
Attachment 3
N.

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

4. Appointment of an Alternate Board Member to the Burbank-Glendale-Pasadena Regional Housing Trust Board of Directors and Update - Community Development Department Recommendation:

Appoint an Alternate Board Member to the Burbank-Glendale-Pasadena Regional Housing Trust Board of Directors.

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 Council Member Mullins 5-0

5. Introduction of an Ordinance to Adopt a 5-District Map and Sequencing for Future Council Elections and, Subsequently, Introduction of an Ordinance to Amend the Burbank Municipal Code to Conform with District Elections – City Attorney’s Office

1. Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK ADDING A NEW ARTICLE 3 TO TITLE 2 OF THE BURBANK MUNICIPAL CODE TO CHANGE THE CITY’S ELECTORAL SYSTEM  FROM  AT-LARGE  TO BY-DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS, ESTABLISHING DISTRICT BOUNDARIES, SCHEDULING ELECTIONS WITHIN THE DISTRICTS, AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

2. Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK, AMENDING SECTIONS 2-3-104, 2-3-111, 2-3-122, 2-3-127, 2-3-129, and 2-3-131 OF CHAPTER 3 OF TITLE 2 OF THE BURBANK MUNICIPAL CODE, KNOWN AS THE CITY ELECTIONS CODE, AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
PowerPoint Presentation
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:

Contact the Los Angeles County Clerk regarding the feasibility of cumulative voting for residents and return with a first-step report on cumulative voting that addresses any expected impact on voter representation in Burbank.

Direct the Charter Review Committee to consider the size and composition of the City Council, consider various iterations of districts, the possibility of a separately elected Mayor, and a re-districting process.

Invite the prospective plaintiff to participate in the future discussion to ensure any potential outcome addresses the concerns posed by the initial notice.

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 Wednesday, October 4, 2023, for a Special Meeting in the Council Chamber - 275 East Olive Avenue, Second Floor.

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