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Minutes

Burbank City Council
March 26, 2024

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Minutes
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March 26, 2024
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Burbank City Council
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1 CITY OF BURBANK

CITY COUNCIL MEETING
TUESDAY, MARCH 26, 2024

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 5:02 p.m. by Mayor Schultz.

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

None.

City Manager Hess, City Attorney McDougall, and City Clerk Clark.

CLOSED SESSION PUBLIC COMMENT
There being no response 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:

1. Conference with Legal Counsel – Existing Litigation:
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Argueta v. City of Burbank
c. Case No.: 23STCV06809
d. Brief description and nature of case: Other Employment Complaint Case (General Jurisdiction)

2. Conference with Legal Counsel – Existing Litigation:
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Bernard v. City of Burbank
c. Case No.: 22STCV08882
d. Brief description and nature of case: Other Employment Complaint Case (General Jurisdiction)

3. Conference with Legal Counsel – Existing Litigation:
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Jesse Vasquez v. City of Burbank, et al. c. Case No.: 23STCV09389
d. Brief description and nature of case: Other Employment Complaint Case (General Jurisdiction)

4. Conference with Legal Counsel – Existing Litigation:
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Name of Case: Guardians of the Pines, an unincorpor ated association v. City of Burbank, a municipal corporation c. Case No.: 23STCP03707
d. Brief description and nature of case: Writ/Judicial Review (General Jurisdiction)

Call to Order A 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 6:06 p.m. by Mayor Schultz.

Moment of
Reflection

Flag Salute

Mayor Schultz 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 Schultz.

3/26/2024

2 Roll Call

Present:

Absent:

Also Present:

General Public
Comment

Meeting recessed/
reconvened

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

None.

City Manager Hess, City Attorney McDougall, and City Clerk Clark.

Mayor Schultz indicated there would be two (2) periods of Public Comment at this evening’s meeting and those who wish to participate in General Public Comment and each of the Public Hearing Public Comment periods may call in at (818) 238 -3335. The Reports to Council Public Comment period will only be taken in person.

ANNOUNCEMENTS:

Mayor Schultz displayed a PowerPoint Presentation announcing the following: (1) BWP Community Survey & Community Meeting #3; ( 2) Sustainable Water Use – Watering Schedule; and (3) Parks Master Plan Community Survey.

COUNCIL PRESENTATIONS/RECOGNITIONS:

Mayor Schultz announced the presentation of an Update from the Burbank-Glendale-Pasadena Airport Authority will be rescheduled.

CITY MANAGER REPORT:

City Manager Hess invited Mandip Samra, Assistant General Manager – Power Supply, who provided a brief report on the Iron-Flow Battery.

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: Xara Shaw, Erik Larsen, Joel Schlossman, Kevin Muldoon, Martin De La Cruz, Thomas Klohn, Hovanes, Mary Jane Hetrick, Jack Mitchell, Bob Greene, Tony Rodriguez, Diana Rios, Ana Carrion, Bart Reed, Monica Ballesteros, Jo Pimienta, Dana Morris, Eric, Michael Schiff, Alfonso Directo Jr., Vicki Kirschenbaum, Shannon Hartman, Johnny Escobedo, Chris Rizzoti, Randy West, Kevin Harrop, Ron Bax, Scott Meyers, Jessica Vitanza, MJ Barnett, David Donahue, James Ingram, Susan O’Carroll, and Alan DerMarderosian.

The City Council Meeting recessed at 6 :43 p.m. and reconvened at 6:48 p.m.

Calling in to comment were: Barry Sarna, Christopher Matthew Spencer, Linda Walmsley, Gary Bric, Michael Honeck, Jacob Chuslo, Jamie Keyser, Josh Sackheim, Karry Ann Luttge, James, Max Deger , Arno Dionysian, Laura Ioanou, Anonymous, Joe Terranova, and Michael Castro.

COUNCIL, CITY MANAGER AND/OR CITY ATTORNEY COMMENT:

Council Members and Staff responded to Public Comment.

3/26/2024

3 Motion

City Council Minutes

Adopt Resolution
Ordering the Summary
Vacation (V-425) of a
Public Service
Easement at 643 N.

Fairview St. and
Finding of Categorical
Exemption Under
CEQA (Applicant:

Hamlet Sadekyan)

Approve Right-of-Entry
Agreement w- the L.A.

Philharmonic
Association to Provide
Shuttle Services at the
Downtown Burbank
Metrolink Station

Adopt Resolution
Approving Contract
Documents, Plans and
Specs, and Authorize
Execution of a
Contract for Bid
Schedule No. 1519 -
Annual Sidewalk
Repair Project to
Kalban, Inc.; Finding of
CEQA Exemption

CONSENT CALENDAR:

It was moved by Vice Mayor Perez , seconded by Council Member Konstantine, 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 March 19, 2024.

2. Adoption of a Resolution Ordering the Summary Vacation (V-425) of a Public Service Easement at 643 N. Fairview Street and Finding of Categorical Exemption Under the California Environmental Quality Act (Applicant: Hamlet Sadekyan)

RESOLUTION NO. 24-29,503
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK ORDERING THE SUMMARY VACATION OF A PUBLIC
SERVICE EASEMENT AT 643 N. FAIRVIEW ST REET, BURBANK,
CALIFORNIA (V -425) AND FINDING THE PROJECT

CATEGORICALLY EXEMPT UNDER THE CALIF ORNIA
ENVIRONMENTAL QUALITY ACT.

3. Approval of a Right -of-Entry Agreement with the Los Angeles Philharmonic Association to Provide Shuttle Services at the Downtown Burbank Metrolink Station

1. Approve by a 4/5ths vote a Right-of-Entry Agreement for a period of three years, with two one- year extension options with the Los Angeles Philharmonic Association to use a bus bay at the Downtown Burbank Metrolink Station to provide shuttle services to the Hollywood Bowl on concert nights, and authorize the Community Development Director, as the City Manager’s
designee, to execute the Agreement.

2. Find the approval of a Right-of-Entry Agreement for use of a bus bay at the Downtown Burbank Metrolink Station exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, the exemption for minor modifications to existing structures involving no expansion of existing use.

4. Adoption of a Resolution Approving Contract Documents, Plans and Specifications, and Authorizing Execution of a Contract for Bid Schedule No. 1519 - Annual Sidewalk Repair Project in Zones 15, 16, 17 and 18 to Kalban, Inc.; Finding of CEQA Exemption (14 CCR § 15301)

RESOLUTION NO. 24-29,504
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING CONTRACT DOCUMENTS, PLANS AND

SPECIFICATIONS, AND AUTHORIZING EXECUTION OF A
3/26/2024

4 Approve 2023 General
Plan Annual Progress
Report and 2023
Housing Element
Annual Progress
Report

Adopt Resolution
Approving Contract
Documents and
Awarding a
Construction Contract
for Bid Schedule No.
1522 – Downtown
Metrolink Station
Waterproofing &
Elevator Modernization
to Courts Construction
Co., Inc.; Finding of
CEQA Exemption; and
Amending the Fiscal
Year 2023/24 Budget

Approve 1st
Amendment to City
Attorney Employment
Agreement between
the City and Joseph H.

McDougall Approving a
7% Annual Salary
Increase

Approval to Excuse
Absences of
Infrastructure
Oversight Board
Member

Approve Cooperative
Agreement with Metro
for the Design and
Construction of the
North Hollywood to
Pasadena Bus Rapid
Transit Corridor Project

Staff Report

CONTRACT FOR BID SCHEDULE NO. 1519 – ANNUAL SIDEWALK
REPAIR PROJECT (ZONES 15 – 18), TO KALBAN, INC.

5. Approval of the 2023 General Plan Annual Progress Report and 2023 Housing Element Annual Progress Report

1. Approve the 2023 General Plan Annual Implementation Progress Report.

2. Approve the 2023 Housing Element Annual Progress Report.

6. Adoption of a Resolution Approving Contract Documents and Awarding a Construction Contract for Bid Schedule No. 1522 – Downtown Metrolink Station Waterproofing & Elevator Modernization to Courts Construction Co., Inc.; Finding of CEQA Exemption (14 CCR § 15301); and Amending the Fiscal Year 2023/24 Budget

RESOLUTION NO. 24-29,505
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING CONTRACT DOCUMENTS, PLANS AND

SPECIFICATIONS, AND AUTHORIZING EXECUTION OF A
CONTRACT FOR BID SCHEDULE NO. 1522 - DOWNTOWN

METROLINK STATION WATERPROOFING & ELEVATOR
MODERNIZATION TO COURTS CONSTRUCTION CO., INC.; AND
APPROVAL OF BUDGET AMENDMENT.

7. Approval of a First Amendment to the City Attorney Employment Agreement between the City of Burbank and Joseph H. McDougall Approving a 7% Annual Salary Increase

Approve a First Amendment to the City Attorney Employment Agreement between the City of Burbank and Joseph H. McDougall approving a 7% Annual Salary Increase.

8. Approval to Excuse Absences of Infrastructure Oversight Board Member

Excuse the absences of Infrastructure Oversight Board Member Shaunt Kodaverdian.

REPORTS TO COUNCIL:

9. Approval of a Cooperative Agreement with the Metropolitan Transportation Authority for the Design and Construction of the North Hollywood to Pasadena Bus Rapid Transit Corridor Project

David Kriske, Ass istant Community Development Director - Transportation & Planning; Tito Corona, Metro Community Relations Manager; Scott Hartwell, Metro Project Manager – Planning; Anthony DeFrenza, Metro Senior Director – Program Management ; Mark VanGessel, Metro Executive Officer – Program Management; Danny 3/26/2024

5 Public Comment

Meeting recessed/
reconvened

Motion No. 1

Motion No. 2

Motion No. 3

Motion No. 4

Council Comments

Alvarez, Fire Chief; and Lisa Kurihara, Senior Assistant City Attorney, presented the PowerPoint presentation and responded to City Council inquiries.

Public Comment:

Appearing to comment were: Emily Payne, Bart Reed, Steve Wisner, Joshua Ericson, Deserie Lamp, Josh Christensen, Crispin Carrasco, Joe Fuchs, Erin Rein, Tyler Samples, Tino Dimperio, Tiffany Liu, Shea Ramsey, Herbert Hardy , Karen Ross, Ron Nelson, Jason Lewis, Cherryl Weaver, Mary O’Hare, Paul Herman, Ana Carrion, David Donahue, Jo Pimienta, Hunter Gibson, Nathan Adair, Matt Fabius, Andre Dionysian, Eddy Polon, George Gabel, Harry Timuryan, Brittany Curran, Judy Kim, Kevin McCarney, Scott Howard, Denny Zane, Kreigh Hampel, Rob Davis, Liz Bax, and Betty Porto.

The City Council Meeting recessed at 10:08 p.m. and reconvened at 10:18 p.m.

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

Council Action:

It was moved by Council Member Konstantine, seconded by Council Member Mullins, and carried 5-0 by roll call vote, to

1. Approve a Cooperative Agreement with the Metropolitan Transportation Authority for the Design and Construction of the North Hollywood to Pasadena Bus Rapid Transit Corridor Project, subject to incorporation of the City’s redline ch anges excluding the mixed-flow lane redline changes on pages 1-32 and 1-33.

2. Direct staff on whether to require a more detailed project description in the Agreement which specifies the inclusion of mixed- flow lanes on Olive Avenue between Buena Vista Street and Lake Street.

It was moved by Council Member Konstantine, seconded by Vice Mayor Perez, and carried 5 -0 by acclamation, to form a City Council ad hoc subcommittee on bus rapid transit to discuss the City’s remaining concerns and necessary neighborhoo d protections with Metro.

It was moved by Council Member Konstantine and failed for lack of a second, to appoint Council Member Takahashi and Vice Mayor Perez to serve on the ad hoc committee.

It was moved by Council Member Konstantine, seconded by Council Member Takahashi, and carried 5-0 by acclamation, to appoint Council Members Takahashi and Mullins to serve on the ad hoc committee.

COUNCIL COMMENTS:

Council Members reported out on Council committee assignments and attendance at conferences, regional meetings, and community events.

3/26/2024

6 Introduction of
Additional Agenda
Items

Adjournment
INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

Council Member Takahashi requested a first step report on establishing a Downtown Burbank Metrolink transit hub committee.

Mayor Schultz requested a white paper memo regarding the budget for translation services at City Council meetings.

ADJOURNMENT:

There being no further business to come before the City Council, the meeting was adjourned at 1:09 a.m., to Wednesday, April 3, 2024, for a Joint Meeting with the Burbank Unified School District in the Community Services Building, Room 104 - 150 North Third Street, First Floor.

_s/Kimberley Clark___________________
Kimberley Clark
City Clerk

_s/Nick Schultz________________________
Nick Schultz
Mayor

APPROVED DATE: April 23, 2024

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