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Minutes

Burbank City Council
December 5, 2023

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Minutes
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December 5, 2023
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Burbank City Council
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1 CITY OF BURBANK

CITY COUNCIL JOINT MEETING WITH

THE SUCCESSOR AGENCY AND HOUSING AUTHORITY MINUTES
TUESDAY, DECEMBER 5, 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 5:01 p.m. by Vice-Mayor Schultz.

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

Mayor Anthony.

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 – 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
Call to Order A Joint Meeting of the City Council and the Successor Agency and Housing Authority 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 6:03 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.

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 during the Public Hearing, and one period during each Report 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.

ANNOUNCEMENTS:

Mayor Anthony displayed a PowerPoint Presentation announcing the following: (1) Breakfast with Santa; (2) Metrolink Holiday Express Train ; (3) Jackalope Indie Artisan Fair; (4) Spark of Love Toy Drive; (5) Holiday Decorating Contest ; (6) Gun BuyBack Event; (7) Job Connect Plus Program; (8) City Parks Master Plan Survey; (9) OurBurbank 311 Update; and (10) Metrolink Trains Out of Service December 26-29, 2023. 12/05/2023

2 Joint General Public
Comment

Motion

City Council Minutes

Successor Agency
Minutes

COUNCIL PRESENTATIONS/RECOGNITIONS:

Mayor Anthony invited Bryce Burton, Recreation Coordinator, and Jocelyn Navarro, Recreation Coordinator , to assist in presenting Certificates of Recognition to the 202 3 Starlight Bowl Sponsors. Starlight Platinum Sponsors: Burbank Water and Power and G AIN Federal Credit Union.

Starlight Gold Sponsors: Augusta Financial and NoHo Arts. Starlight Contributors: Burbank Recycle Center and High Voltage Entertainment .

Starlight Media Sponsor: Brad Korb Real Estate Group.

Mayor Anthony presented a Proclamation Declaring November 25 – December 10, 2023 “16 Days of Activism Against Gender -Based and International Human Rights Days” in the City of Burbank and introduced Gloria Salas, Lieutenant Governor of Zonta International -District 9, who made remarks.

Mayor Anthony presented a Certificate of Recognition to City of Burbank Assistant City Manager Judie Wilke for 32 years of service to the Burbank community.

CITY MANAGER REPORT:

City Manager Hess indicated there were no items to report.

PRESENTATION:

Mayor Anthony introduced Senator Caroline Menjivar who provided a Legislative Update.

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.

JOINT GENERAL PUBLIC COMMENT:

Appearing to comment were: Ron Bax, Chris Rizzotti, Mark Scroggs, Eric Hawk, and Jo Pimienta.

Calling in to comment were: None.

COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:

Council Members and Staff responded to Public Comment.

CONSENT CALENDAR:

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

1. City Council Minutes

Approve the City Council Minutes of the Regular Meeting of November 14, 2023, and the Dark Meetings of November 21 and November 28, 2023.

2. Successor Agency Minutes

Approve the Successor Agency Minutes of the Joint Meeting of September 12, 2023.
12/05/2023

3 Housing Authority
Minutes

Development Impact
Fee Funds as of June
30, 2023

Power Purchase
Agreement with Tule
Hydro, LLC

Housing Successor
Annual Report for
Fiscal Year 2022-2023

Resolution Approving
the Application for
Outdoor Equity Grants
Program Grant Funds

Design Services
Agreement, Utility
Relocation
Reimbursement
Agreements, and
Amendment to
Engineering Services
Agreement to
Complete Final
Engineering and
Permitting for the San
Fernando Bikeway
Project; and Approval
of the Landscape
Engineering Services
Agreement for the San
Fernando Bikeway and
Metro Railroad
Landscaping Project

3. Housing Authority Minutes

Approve the Housing Authority Minutes of the Joint Meeting of October 17, 2023.

4. Review of Development Impact Fee Funds as of June 30, 2023

Note and file.

5. Approval of a Power Purchase Agreement with Tule Hydro, LLC , for the Purchase of Renewable Energy for 15 Years and Finding, CEQA Exemption for Existing Facilities

Approve and authorize the General Manager of Burbank Water and Power, as designee of the City Manager, to enter a power purchase agreement with Tule Hydro, LLC, and to execute other documents as necessary to implement the contract and finding that it is exempt under the California Environmental Quality Act for existing facilities.

6. Approval of Housing Successor Annual Report for Fiscal Year 2022 - 2023 (Successor Agency and Housing Authority)

Approve the Fiscal Year 2022- 2023 Housing Successor Annual Report.

7. Adoption of a Resolution Approving the Application for Outdoor Equity Grants Program Grant Funds

RESOLUTION NO. 23-29,485
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING THE APPLICATION FOR OUTDOOR
EQUITY GRANTS PROGRAM GRANT FUNDS.

8. Approval of a Design Services Agreement, Utility Relocation Reimbursement Agreements, and Amendment to Engineering
Services Agreement to Complete Final Engineering and Permitting for the San Fernando Bikeway Project; and Approval of the Landscape Engineering Services Agreement for the San Fernando Bikeway and Metro Railroad Landscaping Project

Approve the following agreements and findings related to final design and permitting for the San Fernando Bikeway Project, and authorize the Community Development D irector, as the City Manager’s designee, to execute such Agreements and any necessary
amendments thereto:
a. Design Services Agreement with the Southern California Regional Rail Authority,
b. Utility Relocation Reimbursement Agreement with Sprint Communications Company LP, finding that it is in the best interest of the City and necessary for completion of the San Fernando Bikeway Project to allow Sprint Communications Company LP to complete this work on their facilities,
c. Utility Relocation Reimbursement Agreement with Plains All - 12/05/2023

4 Resolution Authorizing
the Submittal of an
Individual Grant
Application for Senate
Bill 1383 Local
Assistance Grant
Funds to the California
Department of
Resources Recycling
and Recovery
(CalRecycle) and
Delegating Such
Authority to the Public
Works Director to
Apply For, Finalize,
and Execute Grant
Documents Related to
SB 1383 For the Next
Five Years

Approval of the
Proposed Update to
Burbank Water and
Power’s Water
Conservation Rebate
Program to Increase
Bill Credits for Pool
Cover Incentives

Resolution to Approve
a Letter of Agreement
Between the City of
Burbank and the
Burbank Police
Officers’ Association

American Pipeline, finding that it is in the best interest of the City and necessary for completion of the San Fernando Bikeway Project to allow Plains All-American Pipeline to complete this work on their facilities, and
d. Amendment ten to Engineering Services Agreement with Kimley - Horn and Associates, Inc. , for additional final project design services.

Approve the Engineering Services Agreement with Kimley -Horn and Associates, Inc. for landscape design services for th e San Fernando Bikeway and Metro Railroad Landscaping Project, and authorize the Community Development Director, as the City Manager’s designee, to execute such Agreement and any necessary amendments thereto, and finding that it is in the best interests of the City to award this Agreement on a sole-source basis.

9. Adoption of a Resolution Authorizing the Submittal of an Individual Grant Application for Senate Bill 1383 Local Assistance Grant Funds to the California Department of Resources Recycling and Recov ery (CalRecycle) and Delegating Such Authority to the Public Works Director to Apply for, Finalize, and Execute Grant Documents Related to SB 1383 for the Next Five Years

RESOLUTION NO. 23-29,486
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK AUTHORIZING THE SUBMITTAL OF AN INDIVIDUAL
GRANT APPLICATION FOR SENATE BILL 1383 LOCAL

ASSISTANCE GRANT FUNDS TO THE CALIFORNIA DEPARTMENT

OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)

AND DELEGATION OF AUTHORITY TO PUBLIC WORKS

DIRECTOR TO APP LY FOR, FINALIZE, AND EXECUTE SENATE
BILL 1383-RELATED GRANT DOCUMENTS FOR THE NEXT FIVE
YEARS.

10. Approval of the Proposed Update to Burbank Water and Power’s Water Conservation Rebate Program to Increase Bill Credits for Pool Cover Incentives

Approve Burbank Water and Power to continue the pool cover incentive with the following modifications to add pool cover reels as an eligible cost and to increase the maximum bill credit amount from $50 to $100 per address.

11. Adoption of a Resolution to Appr ove a Letter of Agreement Between the City of Burbank and the Burbank Police Officers’ Association; Adoption of a Resolution to Approve a Citywide Salary Schedule; and Amendment of the Fiscal Year 2023-2024 Budget

RESOLUTION NO. 23-29,487
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING A LETTER OF AGREEMENT BETWEEN
THE CITY OF BURBANK AND THE BURBANK POLICE OFFICERS’
ASSOCIATION.
12/05/2023

5 Resolution Authorizing
Agreements for the
Purchase and
Installation of an
Agricultural Structure
and Concrete
Foundation Blocks to
Cover Burbank Landfill
No. 3’s Organics
Transfer Site

Resolution Authorizing
the Grant Application,
Acceptance, and
Execution of
Agreements for
$9,949,896 in Grant
Funds from the
California State Library
for the New Burbank
Central Library

Resolution Adopting a
Mitigated Negative
Declaration and a
Mitigation Monitoring
Reporting Program,
and Amending the
Rancho Providencia
Neighborhood
Protection Plan

Public Hearing Opened

RESOLUTION NO. 23-29,488
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A CITYWIDE SALARY SCHEDULE.

Amend the Fiscal Year 2023- 24 Budget by appropriating the total amount of $1,906,126 from revenue account
001.ND000.30010.0000.000000.00000 (General Fund, Non -
Departmental, Unassigned Fund Balance) to expenditure account 001.ND01A.60018.0000.000000.00000 (General Fund, Non -
Departmental, Salaries Holding).

12. Adoption of a Resolution Authorizing Agreements for the Purchase and Installation of an Agricultural Structure and Concrete Foundation Blocks to Cover Burbank Landfill N o. 3’s Organics Transfer Site; and Approving an Amendment to the Fiscal Year 2023-24 Budget

RESOLUTION NO. 23-29,489
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK AUTHORIZING AGREEMENTS FOR THE PURCHASE

AND INSTALLATION OF AN AGRICULTURAL STRUCTURE AND

CONCRETE FOUNDATION BLOCKS TO COVER BURBANK
LANDFILL NO. 3’S ORGANICS TRANSFER SITE; AND APPROVAL
OF BUDGET AMENDMENT.

13. Adoption of a Resolution Authorizing the Grant Application, Acceptance, and Execution of Agreements for $9,94 9,896 in Grant Funds from the California State Library for the New Burbank Central Library

RESOLUTION NO. 23-29,490
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK TO AUTHORIZE THE GRANT APPLICATION AND

ACCEPTANCE OF A GRANT FROM THE CALIFORNIA STATE
LIBRARY IN THE AMOUNT OF $9,949,896, AND AUTHORIZE THE

CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A GRANT
AGREEMENT ON THE CITY’S BEHALF.

PUBLIC HEARING:

14. Adoption of a Resolution Adopting a Mitigated Negative Declaration and a Mitigation Monitoring Reporting Program, and Amending the Rancho Providencia Neighborhood Protection Plan

The Public Hearing was opened at 7:25 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 1 written correspondence was received.

12/05/2023

6 Staff Report

Public Hearing Public
Comment

Recessed/Reconvened

Public Hearing Closed

Motion

Update on the
Implementation of
Changes to R-1 and R-
1-H Zone Standards
and Identification of
Future Considerations

Staff Report

Public Comment

Motion

Christopher Buonomo, Senior Transportation Planner; Justin Hess, City Manager; David Kriske, Assistant Community Development Director of Transportation and Planning; and Joseph McDougall, City Attorney, 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: Judy Tamasi.

The City Council Meeting recessed at 7 :45 p.m. and reconvened at 7:51 p.m. with all Members present.

The Public Hearing was closed at 8:19 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

RESOLUTION NO. 23-29,491
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK ADOPTING A MITIGATED NEGATIVE DECLARATION,

ADOPTING A MITIGATION MONITORING AND REPORTING

PROGRAM, AMENDING THE RANCHO PROVIDENCIA

NEIGHBORHOOD PROTECTION PLAN, AND APPROPRIATING

FUNDS FOR DESIGN AND CONSTRUCTION OF RELATED
ROADWAY IMPROVEMENTS.

Mayor Anthony left the dais at 8:24 p.m. for the remainder of the meeting.

REPORTS TO COUNCIL:

15. Update on the Implementation of Changes to R -1 and R -1-H Zone Standards and Identification of Future Considerations

Shipra Rajesh, Senior Planner , and Scott Plambaeck , Planning Manager, presented the PowerPoint presen tation and responded to City Council inquiries.

Public Comment:

Appearing to comment was: Andre Dionysian.

Council Action:

It was approved by Council Consensus to note and file.

12/05/2023

7 Update on ZTA
Establishing Zoning
Regulations for
Firearm and
Ammunition Retail
Uses

Staff Report

Public Comment

Motion

Approval of the 2024
Burbank Water and
Power Integrated
Resource Plan

Staff Report

Public Comment

Motion

Review of the General
Fund’s Financial
Status as of
September 30, 2023

Staff Report

Public Comment

16. Update on Zone Text Amendment Establishing Zoning Regulations for Firearm and Ammunition Retail Uses

Xjvirr Thomas, Associate Planner ; Catherine Tang Saez, Dudek Consulting; Daniel Villa, Senior Planner; Elizabeth Dickson , Dudek Consulting, and Joseph McDougall, City Attorney, presented the PowerPoint presentation and responded to City Council inquiries.

Public Comment:

Appearing to comment were: David Donahue and Andre Dionysian.

Council Action:

Council provided direction to staff on the draft Z one Text Amendment establishing zoning and use regulations for firearm and ammunition retail activity.

17. Approval of the 2024 Burbank Water and Power Integrated Resource Plan

Mandip Samra, Assistant General Manager of Power Supply ; Joseph McDougall, City Attorney; and Dawn Roth Lindell, Burbank Water and Power General Manager, presented the PowerPoint presentation and responded to City Council inquiries.

Public Comment:

Appearing to comment were: David Donahue and Vicki Kirschenbaum.

Council Action:

It was moved by Council Member Mullins, seconded by Council Member Takahashi, and carried 4-0-1 (Anthony, absent) by roll call vote, to approve the 2024 Burbank Water and Power Integrated Resource Plan that was prepared in accordance with California Senate Bills (SB) 350, SB 100, and SB 1020.

Council Members voted by consensus to continue with City business past 11:00 p.m.

18. Review of the General Fund’s Financial Status as of S eptember 30, 2023

Jennifer Becker, Financial Services Director , presented the PowerPoint presentation and responded to City Council inquiries.

Public Comment:

Appearing to comment were: None.

12/05/2023

8 Motion

Code of Conduct for
Members of City
Council

Council Committee
Assignment Report

Council Comments

Introduction of
Additional Agenda
Items

Adjournment
Council Action:

It was approved by Council Consensus to note and file.

19. Approval of the City of Burbank Code of Conduct for Members of City Council

Agenda Item No. 19 was removed from the December 5, 2023 , City Council Joint Meeting and will be brought back at a future City Council meeting.

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 a report amending Resolution No. 17-28,970 to codify the agenda setting process for joint meetings with the Burbank Unified School District Board of Education as presented in the Minutes of the November 14, 2023, City Council Meeting.

ADJOURNMENT:

There being no further business to come before the City Council, the meeting was adjourned at 11:45 p.m. to Tuesday, December 12, 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: January 9, 2024

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