1 CITY OF BURBANK
CITY COUNCIL MEETING
TUESDAY, OCTOBER 3, 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 4:35 p.m. by Vice-Mayor Schultz.
Council Members Mullins, Perez, Takahashi , Vice -Mayor Schultz , and Mayor Anthony (arrived at 5:10 p.m.).
None.
Assistant City Manager Wilke, City Attorney McDougall, and Records Manager Dekermenji.
CLOSED SESSION PUBLIC COMMENT
Appearing to comment was: David Holtzman.
Calling in to comment was: None.
There being no further response to the Vice-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 – 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
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 6:07 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 , and Mayor Anthony.
None.
Assistant City Manager Wilke, City Attorney McDougall, and Records Manager Dekermenji.
Mayor Anthony indicated there would be three (3) periods of Public Comment - one period of General Public Comment and one period for each Report to Council 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.
10/03/2023
2 General Public
Comment
Motion
ANNOUNCEMENTS:
Mayor Anthony displayed a PowerPoint Presentation announcing the following: (1) Clean Air Day; (2) Tenant Protections Ordinance; (3) Housing Rights Workshop; and (4) Board of Library Trustees Vacancy.
COUNCIL PRESENTATIONS/RECOGNITIONS:
Mayor Anthony presented a Proclamation Declaring October 8- 14, 2023, “Fire Prevention Week” in the City of Burbank and introduced Dave Burke, Fire Marshal and Kenet Robertson, Fire Battalion Chief, who made remarks.
Mayor Anthony presented a Proclamation Declaring October 9, 2023 , “Indigenous People’s Da y” in the City of Burbank and introduced Dawn Jackson and Chenoa Mitsui, Los Angeles City/County , Native American Indian Commissioners, who made remarks.
Mayor Anthony presented a Proclamation Declaring October 1- 7, 2023, “Public Power Week” in the City of Burbank and introduced Dawn Roth- Lindell, Burbank Water and Power General Manager , and Riad Sleiman, Assistant General Manager of Electrical Services, who made remarks.
Mayor Anthony presented a Proclamation Declaring October 1- 31, 2023, “Domestic Violence Awareness Month” in the City of Burbank and welcomed members from t he Burbank Domestic Violence Task Force, Zonta Club o f Burbank, and the Burbank Family Service Agency, who made remarks.
CITY MANAGER REPORT:
Assistant City Manager Wilke invited Marisa Garcia, Parks & Recreation Director, who provided an update on the City’s upcoming reforestation strategy.
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 : Ron Bax, Linda Granero, Anne -Marie Osgood, Mark R. Scroggs , David Donahue , Martin Pearlmutter , Martha Yurel, Richard, Max Yelbi, M anit Shah, Julie Klocki, Javier Renteria, Felicidad Lopez Cajero, and Giselle Martinez.
Calling in to comment were: Jennifer Pinkerton and Sebastian Lozano.
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.
10/03/2023
3 City Council Minutes
Approval of the
Change Order to the
Contract with Doty
Bros. Equipment
Company (Bid
Schedule No. 1498)
Approval of Purchase
and Sale Agreement
and Environmental
Determination to
Facilitate the Purchase
of Property at 904-906
N. Lake Street
1. City Council Minutes
Approve the City Council Minutes of the Joint Meeting of September 26, 2023.
2. Approval of the Change Order to the Contract with Doty Bros.
Equipment Company (Bid Schedule No. 1498)
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.
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.
3. Approval of Purchase and Sale Agreement and Environmental Determination to Facilitate the Purchase of Property at 904 -906 N.
Lake Street
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 effe ct 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.
Approve the City’s purchase of the Property for $8,200,000.
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 fi nal Agreement shall be approved as to form by the City Attorney’s Office.
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.
10/03/2023
4 Appointment of an
Alternate Board
Member to the
Burbank-Glendale-
Pasadena Regional
Housing Trust Board of
Directors and Update
Staff Report
Public Comment
Motion
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
Staff Report
Public Comment
Motion
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.P W23A.15001.0000.000000.00000 (Water Reclamation and Sewer Fund, Sewer Engineering and Design, Land - Clearing).
REPORTS TO COUNCIL:
4. Appointment of an Alternate Board Member to the Burbank-Glendale- Pasadena Regional Housing Trust Board of Directors and Update
Maribel Leyland, Housing Authority Manager, presented the report and responded to City Council inquiries.
Public Comment:
Appearing to comment were: None.
Council Action:
It was moved by Council consensus, and carried 5-0 by roll call vote, to appoint Council Member Mullins as an alternate Board Member to the Burbank -Glendale-Pasadena Regional Housing Trust Board of Directors.
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
Joseph McDougall, City Attorney; Douglas Johnson, National Demographics Corporation; 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 w as: David Holtzman , David Donahue , and Luis Altobelli.
Council Action:
Council did not introduce the Ordinances and instead provided direction to staff to:
10/03/2023
5 Council Committee
Assignment Report
Council Comments
Introduction of
Additional Agenda
Items
1. 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.
2. 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.
3. Invite the prospective plaintiff to participate in the future discussion to ensure any potential outcome addresses the concerns posed by the initial notice.
Not Introduced 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.
Not Introduced 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 O F TITLE 2 OF
THE BURBANK MUNICIPAL CODE, KNOWN AS THE CITY
ELECTIONS CODE, AND MAKING CERTAIN FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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 Takahashi requested (1) a discussion of tools that can be used to manage public comment ; (2) staff to schedule and coordinate a joint meeting with the Sustainable Burbank Commission.
Vice-Mayor Schultz requested a f irst step report on local incentives to retain animation indust ry jobs in Burbank to complement the California Film Industry tax credit.
10/03/2023
6 _s/Melissa Dekermenji________________
Melissa Dekermenji
Records Manager
_s/Konstantine Anthony_________________
Konstantine Anthony
Mayor
APPROVED DATE: October 17, 2023
Adjournment ADJOURNMENT:
There being no further business to come before the City Council, the meeting was adjourned at 9:33 p.m. to Wednesday October 4, 2023, for a Special Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.