Agenda packet — Burbank City Council, December 16, 2025 (part 1 of 2)

BURBANK CITY COUNCIL

REGULAR MEETING AGENDA
TUESDAY, DECEMBER 16, 2025
5:30 p.m. – Closed Session
6:00 p.m. – Open Session
Council Chamber
275 E. Olive Avenue, Second Floor

NOTICE TO THE PUBLIC
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, December 16, 2025, at 5:30 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 Closed Session, General Public Comment, Public Hearings, and Study Sessions. 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.

Interpretation Requests
:

If you would like to participate in Public Comments and require an interpreter, please telephone the City Clerk's Office at (818) 238-5851 at least 48 hours in advance of the meeting.

Si desea participar en los comentarios públicos y necesita un intérprete, por favor llame a la Oficina de la Secretaria Municipal al (818) 238-5851 al menos 48 horas antes de la reunión.

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 Closed Session Public Comment, General Public Comment, Public Hearing Public Comment, and Study Session Public Comment periods during the meeting, members of the public may speak in-person in the Council Chamber or call (818) 238-3335
. Speaker time limits will
be determined by the Presiding Officer, depending on how many public comment cards are received and how many callers are in the queue at the commencement of each public comment period (as shown below).

Additional public comment cards and calls will not be accepted once the public comment period commences.
1 – 20 Total Speakers – 3 minutes each
21 – 39 Total Speakers – 2 minutes each
40+ Total Speakers – 1 minute each
2 .

The Reports to Council Public Comment periods are only accepted in person – public comment cards must be submitted before the public comment period begins for each report to Council.

Speaker time limits will be determined by the Presiding Officer depending on how many public Burbank City Council Meeting Agenda
December 16, 2025

1 A.

Public Comment
: (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.

Closed Session
in City Hall First Floor Conference Room
:

Call to Order
: 6:00 p.m.

Moment of Reflection
:

Flag Salute
:

Roll Call
:

Announcements
: (The Mayor will make announcements on various topics in addition to any listed) comment cards have been received at the commencement of each public comment period (as shown below).

Additional public comment cards will not be accepted once the public comment period commences.
1 – 20 Total Speakers – 3 minutes each
21 – 39 Total Speakers – 2 minutes each
40+ Total Speakers – 1 minute each
3 .
eComment will remain open until 4:30 p.m. the day of the meeting. 4 .

Email the City Council directly
[email protected]
Emails received on or before 4:30 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.
5 .

The Presiding Officer has the discretion to reduce speaking time for each speaker in order to ensure that City business can be completed at a reasonable hour.

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.

This agenda contains a summary of each item of business which the City 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 will be posted on the City's website at www.burbankca.gov
. Any writings or
documents provided to the City Council regarding any item on this agenda subsequent to distribution of the agenda packet will be posted on the City's website at www.burbankca.gov
. If you have a question
about any matter on the agenda, please call the Office of the City Clerk at (818) 238-5851. The 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) 238-5051 with questions or concerns.

1. Conference with Legal Counsel – Existing Litigation
a
.

Pursuant to Govt. Code §54956.9(d)(1)
b
.

Name of Case: Anush Kemdjian v. City of Burbank
c
.

Case No.: 25NNCV00700
d
.

Brief description and nature of case: Trip and fall

Burbank City Council Meeting Agenda
December 16, 2025

2 H.

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

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

General Public Comment
: (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.

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) L.

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

2. Adoption of an Ordinance Establishing Title 7, Chapter 3, Article 11 and Amending Section 1002, Title 10, Chapter 1, Article 10 of the Burbank Municipal Code to Allow the Implementation of Wayfinding Kiosks in the Public Right of Way – City Manager's Office

Recommendation
:

Approve the City Council Minutes of the Joint Meeting of December 9, 2025.

MOTION: Approved 5-0

Attachments
:

Council Minutes

Recommendation
:

Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 11, WAYFINDING KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK MUNICIPAL CODE, AMENDING SECTION 1002 SIGNS AND ADVERTISING STRUCTURE REGULATIONS, OF ARTICLE 10, CHAPTER 1, TITLE 10 OF THE BURBANK MUNICIPAL

CODE, AND FINDING OF A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3), 15304 (CLASS 4), and 15305 (CLASS 5).

MOTION: Adopted 5-0 (Ordinance No. 25-4,035)

Attachments
:

SR - Implementation of Wayfinding Kiosks
Att1 - Ordinance
Att2 - Notice of Exemption
Att3 - Environmental Assessment
Ordinance No. 25-4,035
Burbank City Council Meeting Agenda
December 16, 2025

3 3.

Adoption of an Ordinance Amending Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to Establish a New School –Trade/Vocational Use With Related Regulations, Allow the Use in M- 1 (Limited Industrial) and M-2 (General Industrial) Zones, and Clarify its Permissibility in Other Non-Residential Zones – Community Development Department

4. Adoption of an Ordinance Establishing Article 10 Use of Gas-Powered Leaf Blowers Prohibited in Chapter 1 Health, Title 4 Health and Sanitation of the Burbank Municipal Code and Amending Section 214 Restrictions on Leaf Blower Operation in Chapter 3, Title 9 of the Burbank Municipal Code – Community Development Department

5. Adoption of a Resolution Making Findings Regarding the Continuing Need for Unexpended Balances of Development Impact Fees and Review of Development Impact Fee Funds as of June 30, 2025 – Community Development Department

Recommendation
:

Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE TO ESTABLISH SCHOOL–TRADE/VOCATIONAL AS A NEW USE ALONG WITH RELATED REGULATIONS, ALLOW THE USE IN M-1 (LIMITED INDUSTRIAL) AND M-2 (GENERAL INDUSTRIAL)

ZONES, AND TO CLARIFY THE PERMISSIBILITY OF THE USE IN OTHER NON- RESIDENTIAL ZONES (PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT).

MOTION: Adopted 5-0 (Ordinance No. 25-4,036)

Attachments
:

SR - Trade-Vocational School ZTA
Att1 - Ordinance
Ordinance No. 25-4,036

Recommendation
:

Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1 HEALTH, TITLE 4 HEALTH AND SANITATION OF THE BURBANK MUNICIPAL CODE AND AMENDING SECTION 214 RESTRICTIONS ON LEAF BLOWER OPERATION IN CHAPTER 3, TITLE 9 OF THE BURBANK MUNICIPAL CODE.

MOTION: Adopted 5-0 (Ordinance No. 25-4,037)

Attachments
:

SR - Gas-Powered Leaf Blowers Ban
Att1 - Ordinance
Ordinance No. 25-4,037

Recommendation
:
1 .

Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MAKING

FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2025; and
2 .

Note and file Review of Development Impact Fee Funds as of June 30, 2025.

MOTION: Adopted and Noted and Filed 5-0 (Resolution No. 25-29,674)

Attachments
:

SR - Review of Development Impact Fees
Att1 - Resolution
Att2 - DIF Program Annual Report
Burbank City Council Meeting Agenda
December 16, 2025

4 6.

Approval of a First Amendment to the Fiscal Year 2024-25 Professional Services Agreement with Return-To-Work Partners to Provide Consulting and Case Management Support for Compliance with the Fair Employment and Housing Act and the Americans with Disabilities Act – Management Services Department

7. Adoption of a Resolution Authorizing the Execution of a Lease Agreement with Home Again Los Angeles to A Homeless Access Center Located at 2244 N. Buena Vista and Approval to Amend Fiscal Year 2025-26 Budget to Appropriate Funds, and Authorize the Acceptance of Future Funds Under the Lease Agreement – Community Development Department M.

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

1. Appointment to Fill One Vacancy on Heritage Commission for an Unexpired Term – City Clerk's Office
Resolution No. 25-29,674

Recommendation
:

Approve a First Amendment to the Professional Services Agreement with Return-To-Work Partners to provide consulting and case management support for compliance with the Fair Employment and Housing Act and the Americans with Disabilities Act.

MOTION: Approved 5-0

Attachments
:

SR - Agreement with RTW
Att1 - 1st Amendment to PSA
Att2 - PSA with RTW

Recommendation
:

Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A LEASE WITH HOME AGAIN LOS ANGELES FOR BURBANK’S HOME AGAIN LOS ANGELES (HALA) ACCESS CENTER LOCATED AT 2244 N. BUENA VISTA AND APPROVAL TO AMEND FISCAL YEAR 2025-26 BUDGET TO APPROPRIATE FUNDS, AND AUTHORIZE THE ACCEPTANCE OF FUTURE FUNDS UNDER THE LEASE AGREEMENT.

MOTION: Adopted 5-0 (Resolution No. 25-29,675)

Attachments
:

SR - HALA Lease Agreement
Att1 - Resolution
Att2 - Lease Agreement
Att3 - HALA Proof of Funds
Resolution No. 25-29,675

Recommendation
:

Appoint one member to the Heritage Commission to fill an unexpired term ending July 31, 2026.

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 Corey Mensing by consensus

Attachments
:

Burbank City Council Meeting Agenda
December 16, 2025

5 N.

Council Comments
: (Including reporting on Council committee assignments, attendance at conferences, regional meetings, and community events)
O.

Consideration of Previously Introduced Additional Agenda Items : (Council Members may
briefly discuss future agenda item requests)

1. Council Member Anthony’s request for a first step report on the feasibility of commencing litigation to stop any acquisition of Warner Bros. Studios, on the basis of, but not limited to, anti-trust violations.

MOTION: Requested letters to State representatives 5-0
P.

Introduction of Additional Agenda Items
: (Council Members may request future agenda items)
Q.

Adjournment
: To Tuesday, January 13, 2026, for a Regular Meeting in the Council Chamber –
275
East Olive Avenue, Second Floor.

SR - Heritage Commission Vacancy
Att1 - Applications and Resumes
Att2 - BMC Section 2-1-420

Burbank City Council Meeting Agenda
December 16, 2025

6 1

CITY OF BURBANK

CITY COUNCIL MINUTES

JOINT MEETING WITH THE HOUSING AUTHORITY
TUESDAY, DECEMBER 9, 2025
Call to Order:

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 4:02 p.m. by Vice Mayor Takahashi.

Present: Council Member(s) Anthony, Mullins, Rizzotti, Vice Mayor Takahashi, and Mayor Perez

Absent: None
Also Present: City Manager Hess, City Attorney McDougall, and City Clerk Clark Mayor Perez arrived at 4:04 p.m.

Closed Session and Study Session Public Comment:

There being no response to the Mayor's invitation for Public Comment on Closed Session and Study 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 – Anticipated Litigation a. Significant exposure to litigation pursuant to Govt. Code §§ 54956.9(d)(2),(e)(2) City as Potential Defendant
b. Number of potential case(s): 1; Dalar Khachaturyans-Aghani (Claimant) Personal Injury - Auto Accident

2. Conference with Legal Counsel – Existing Litigation
a. Pursuant to Govt. Code §54956.9(d)(1)
b. Case Name Unspecified: Unspecified employment matter, the disclosure of which would jeopardize existing settlement negotiations.

3. Conference with Real Property Negotiator
a. Pursuant to Govt. Code §54956.8
b. Property: 110 W. Olive, Burbank, CA 91502 APNs: 2451-007-014, 2451-007- 020, 2451-007-026
c. Parties Whom Agency or City is Negotiating with: BCH Enterprises, 110 LLC, a California Limited Liability, 110 W. Olive, Burbank, CA; Brett Warner, Lee & Associates - 15250 Ventura Blvd., Suite 100, Sherman Oaks, CA d. City Negotiator: Simone McFarland, Assistant Community Development Director - Business & Economic Development
e. Terms Under Negotiation: Potential real estate purchase.

The meeting reconvened in Study Session at 5:13 p.m. with all Council Members present.

Consent Calendar
Item #1
7 2
Study Session:

1. Update on Wayfinding Kiosk Pilot Program
Courtney Padgett, Assistant City Manager, presented the PowerPoint presentation and responded to Council inquiries. Riad Sleiman, Chief Assistant General Manager - Burbank Water and Power; Clay Collett, IKE Smart City; and Aaron Green, Afriat Consulting Group, also responded to City Council inquiries.

Ray Johal, Senior Assistant City Attorney, was also available for Council inquiries.

The City Council Meeting recessed at 5:49 p.m. and reconvened at 6:06 p.m.

Call to Order:

A Joint Meeting of the City Council and the Housing Authority 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 Perez.

Moment of Reflection:

Mayor Perez held a Moment of Reflection to begin the meeting with positive and collective support for our beloved community.

Flag Salute:

The Pledge of Allegiance was led by Mayor Perez.

Roll Call:

Present: Council Member(s) Anthony, Mullins, Rizzotti, Vice Mayor Takahashi, and Mayor Perez

Absent: None
Also Present: City Manager Hess, City Attorney McDougall, and City Clerk Clark Mayor Perez indicated there would be four (4) periods of Public Comment at this evening's meeting and those who wish to participate in the General Public Comment and 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.

Memorial Adjournment
Mayor Perez announced that tonight Council will adjourn in memory of Sal Moreno, longtime community activist and World War II veteran.

Announcements:

Mayor Perez displayed a PowerPoint presentation announcing the following: (1) New Central Library and Public Plaza Project Workshop; (2) Spark of Love Toy Drive; (3) Burbank Passport Services; (4) YMCA Food Distribution; and (5) Burbank Temporary Aid Center Additional Day of Service.
8 3
Council Presentations/Recognitions:

1. Presentation of a Certificate of Recognition to the Magnolia Park Merchants Association for Their Outstanding Contribution to Holiday in the Park Mayor Perez presented a Certificate of Recognition to the Magnolia Park Merchants Association for their outstanding contribution to Holiday in the Park and introduced Ross Benson and Jeff Ferguson, Magnolia Park Merchants Association Board, who made remarks.

City Manager Report:

City Manager Hess introduced Rafael Quintero, Burbank Chief, who provided an update on the Flock camera system.

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: Sunshine McWane, Ron Bax, Armand Matevosian, Mike Stage, John Van Nest, Caroline Solberg, Kit, Ashley Ramsey, David Donahue, Jean Kang, Terri Freedman, Meghan B., Dan K., Jo Pimienta, and Jomo.

Calling in to comment were: Katie Hood, Sadako Leong Suzuki, and Kyle Anderson.

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 Mayor Perez, to approve the Consent Calendar. The motion carried 5-0 with the following roll call vote: AYES:

Anthony, Mullins, Rizzotti, Takahashi, and Perez. NOES: None.

1. City Council Minutes
Approve the City Council Minutes of the Special Meeting of November 6, 2025; the Regular Meeting of November 25, 2025; and the Dark Meeting of December 2, 2025.

2. Housing Authority Minutes
Approve the Housing Authority Minutes of the Joint Meeting of September 30, 2025.

3. Adoption of a Resolution Amending the Fiscal Year 2025-26 Adopted Budget to Accept and Appropriate $83,663 in Funding for the Administration of the Foster Youth to Independence Initiative (with Housing Authority) RESOLUTION NO. H-25-275
Adopt A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF 9 4
BURBANK AMENDING THE FISCAL YEAR (FY) 2025-26 ADOPTED BUDGET TO ACCEPT AND APPROPRIATE $83,663 IN FUNDING FOR THE

ADMINISTRATION OF THE FOSTER YOUTH TO INDEPENDENCE
INITIATIVE.

4. Approval of the Housing Successor Annual Report for Fiscal Year 2024-2025 (with Housing Authority)
Approve the Fiscal Year (FY) 2024-2025 Housing Successor Annual Report.

5. Approval of an Amendment to the 2009 Promissory Note with the Burbank Housing Corporation for the Keeler Elliott Habitat Project: 1902 Keeler Street, Burbank, California (with Housing Authority)
Approve an amendment to the terms of a 2009 Promissory Note with the Burbank Housing Corporation for the Keeler Elliott Habitat Project, located at 1902 Keeler Street, Burbank, California, and determine the project to be exempt under the California Environmental Quality Act (CEQA).

6. Adoption of a Resolution Approving and Authorizing the General Manager of Burbank Water and Power to Enter into Electrical Services Agreements with Residential, Commercial, and Industrial Customers to Assist with Service Requirements, System Upgrades, Cost Reimbursement, and Other Conditions Related to the Provision of Electric Service
RESOLUTION NO. 25,29,673
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK TO

AUTHORIZE THE GENERAL MANAGER OF BURBANK WATER AND POWER

TO ENTER INTO ELECTRICAL SERVICES AGREEMENTS WITH
CUSTOMERS.

Public Hearing:

1. Introduction of an Ordinance Amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to Establish School-Trade/Vocational as a New Use Along With Related Regulations, Allow the Use in M-1 (Limited Industrial) and M-2 (General Industrial) Zones, and Clarify the Permissibility of the Use in Other Non- Residential Zones
The Public Hearing was opened at 7:52 p.m. There were no Conflict-of-Interest disclosures. Assistant City Clerk Thai affirmed receipt of Proof of Publication; confirmed that there was a complete file of exhibits, correspondence including emails and other documents, and that no written correspondence was received.

Mayor Perez left the dais at 7:54 p.m.

Vanessa Quiroz, Senior Planner, presented the report and responded to City Council inquiries. Scott Plambaeck, Planning Manager, and Fred Ramirez, Assistant Community Development Director - Transportation & Planning, also 10 5
responded to City Council inquiries.

Public Hearing Public Comment:

Appearing to comment was: Levon Isounts.

Calling in to comment was: None.

Mayor Perez returned to the dais at 8:09 p.m.

The Public Hearing was closed at 8:18 p.m.

Council Action:

It was moved by Council Member Rizzotti, seconded by Council Member Anthony, to:

Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL

CODE TO ESTABLISH SCHOOL-TRADE/VOCATIONAL AS A NEW USE
ALONG WITH RELATED REGULATIONS, ALLOW THE USE IN M-1 (LIMITED INDUSTRIAL) AND M-2 (GENERAL INDUSTRIAL) ZONES, AND CLARIFY THE PERMISSIBILITY OF THE USE IN OTHER NON-RESIDENTIAL ZONES. (PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT).

The motion carried 5-0 with the following roll call vote: AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez. NOES: None.

Reports to Council:

1. Introduction of an Ordinance Establishing Article 10 Use of Gas-Powered Leaf Blowers Prohibited in Chapter 1 Health, Title 4 Health and Sanitation of the Burbank Municipal Code and Amending Section 214 Restrictions on Leaf Blower Operation in Chapter 3, Title 9 of the Burbank Municipal Code Katie Picha, Administrative Officer - Community Development Department, presented the report and responded to City Council inquiries. Michael Del Campo, Assistant Parks and Recreation Director, also responded to City Council inquiries. Juan Carlos Murillo, Senior Code Compliance Inspector, was also available for City Council inquiries.

Public Comment:

Appearing to comment was: None.

Council Action:

It was moved by Vice Mayor Takahashi, seconded by Mayor Perez, to:

Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1 HEALTH, TITLE 4 HEALTH AND SANITATION OF THE BURBANK MUNICIPAL CODE AND AMENDING SECTION 214
11 6
RESTRICTIONS ON LEAF BLOWER OPERATION IN CHAPTER 3, TITLE 9 OF THE BURBANK MUNICIPAL CODE.

The motion carried 5-0 with the following roll call vote: AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez. NOES: None.

2. Introduction of an Ordinance Establishing Title 7, Chapter 3, Article 11 and Amending Section 1002, Title 10, Chapter 1, Article 10 of the Burbank Municipal Code to Allow the Implementation of Wayfinding Kiosks in the Public Right of Way
Courtney Padgett, Assistant City Manager, presented the PowerPoint presentation and responded to City Council inquiries. Ray Johal, Senior Assistant City Attorney; Joseph McDougall, City Attorney; Aaron Green, Afriat Consulting Group; and Clay Collett, IKE Smart City, also responded to City Council inquiries.

Public Comment:

Appearing to comment was: None.

Council Action:

It was moved by Council Member Mullins, seconded by Council Member Anthony, as amended, to:

Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 11, WAYFINDING KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK MUNICIPAL CODE, AMENDING SECTION 1002 SIGNS AND ADVERTISING STRUCTURE REGULATIONS, OF ARTICLE 10,
CHAPTER 1, TITLE 10 OF THE BURBANK MUNICIPAL CODE, AND FINDING

OF A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES
SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3), 15304 (CLASS 4), and 15305 (CLASS 5).

The motion carried 5-0 with the following roll call vote: AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez. NOES: None.

Council Comments:

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

Introduction of Additional Agenda Items:

Council Member Anthony requested a first step report on the feasibility of commencing litigation to stop any acquisition of Warner Bros. Studios, on the basis of, but not limited to, anti-trust violations.
12 7
Adjournment:

There being no further business to come before the City Council, the meeting was adjourned at 9:26 p.m. in memory of Sal Moreno, longtime community activist and World War II veteran, to Monday, December 15, 2025, for a City Council Reorganization Meeting at 10:00 a.m. in the Council Chamber - 275 East Olive Avenue, Second Floor. __________________________
Kimberley Clark
City Clerk
__________________________
Nikki Perez
Mayor
APPROVED DATE:
13 1

STAFF REPORT
DATE: December 16, 2025
TO: Justin Hess, City Manager
FROM: Courtney Padgett, Assistant City Manager
Ray Johal, Senior Assistant City Attorney
SUBJECT: Adoption of an Ordinance Establishing Title 7, Chapter 3, Article 11 and Amending Section 1002, Title 10, Chapter 1, Article 10 of the Burbank Municipal Code to Allow the Implementation of Wayfinding Kiosks in the Public Right of Way

RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 11, WAYFINDING KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK MUNICIPAL CODE, AMENDING SECTION 1002 SIGNS AND ADVERTISING STRUCTURE REGULATIONS, OF ARTICLE 10, CHAPTER 1, TITLE 10

OF THE BURBANK MUNICIPAL CODE, AND FINDING OF A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3), 15304 (CLASS 4), and 15305 (CLASS 5).

SUMMARY
The above- entitled Ordinance was introduced at a City Council Joint Meeting on December 9, 2025. Council Members Anthony, Mullins, Rizzotti, Vice Mayor Takahashi, and Mayor Perez were present.

During Council’s deliberation of the first reading of the ordinance, Council requested a modification to the definition of “Wayfinding Kiosk” to remove the word “kiosk” from the definition, replacing it with the word “device”.

Vote at Introduction:

AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez.

CITY MANAGER’S
OFFICE
Consent Calendar
Item #2
14 2
NOES: None.

ABSENT: None.

T
his Ordinance (Attachment 1) is now presented for adoption.

P
roposed Change
To address Council’s request, staff has amended the proposed Ordinance as stated below.

B
MC Section 7-3-1101 (Definitions) of the proposed Ordinance has been amended to read as follows (addition is noted in red and deletion is noted in strikethrough):

W
AYFINDING KIOSK or KIOSK: An interactive digital kiosk device installed in the public right of way with dimensions not to exceed nine (9) feet in vertical height, three and one-half (3 ½) feet in horizontal length, nor a width larger than 13 inches, with no more than 13 square feet in digital screen display per display face, to be used by pedestrians and/or transit riders, having a primary purpose of providing wayfinding services, public information and other messaging selected by the City, and which may include commercial advertising.

VIRONMENTAL REVIEW
The Ordinance establishes new regulations that allow for the implementation of wayfinding kiosks within the public right-of-way pursuant to an operating agreement with the City has been determined by City staff to be a project under the California Environmental Quality Act (CEQA) Guidelines . Further, staff has determined the project to be categorically exempt pursuant to the CEQA Guidelines (California Code of Regulations Title 14) Sections 15301(c) : Class 1, 15303: Class 3 , 15304: Class 4 , and 15305: (Class 5) . Staff worked with its environmental consultant (Dudek) to identify all CEQA categorical exemptions applicable to the project, which are detailed in the Notice of Exemption (Attachment 2) and accompany consultant memorandum (Attachment 3).

ISCAL IMPACT
There is no fiscal impact associated with the adoption of the proposed Ordinance. All costs associated with the future installation, operation, and maintenance of kiosks will be the responsibility of the kiosk owner in accordance with a future approved agreement with the City.

TACHMENT
Attachment 1 – Ordinance
Attachment 2 – Notice of Exemption
Attachment 3 – Environmental Assessment
15 ATTACHMENT 1

1 Eff.: ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ESTABLISHING ARTICLE 11 , WAYFINDING
KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK
MUNICIPAL CODE , AMENDING SECTION 1002 SIGNS

AND ADVERTISING STRUCTURE REGULATIONS , OF
ARTICLE 10, CHAPTER 1, TITLE 10 OF THE BURBANK

MUNICIPAL CODE , AND FINDING OF A CATEGORICAL

EXEMPTION PURSUANT TO CEQA GUIDELINES
SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3) , 15304
(CLASS 4), and 15305 (CLASS 5)

City Attorney’s Synopsis:

This Ordinance allows for the implementation of wayfinding kiosks in the public right of way , pursuant to an operating agreement with the City. Wayfinding kiosks will benefit the public health, safety, and general welfare by providing community alerts, event information, location services, and many other important on-demand interactive applications for use by the public.

THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:

A. Wayfinding kiosks will contain real time updates on City related news, events, alerts, and access to public services, thus providing a benefit to the public health, safety, and general welfare of the community.

B. Wayfinding kiosks will provide public information about emergency alerts, local businesses, transit, weather, maps, locations for hotels, restaurants, local amenities and landmarks, community resources (including housing and homelessness services), city services, community events, public meetings, civic programs, and the City’s 311 application to report issues or concerns.

C. Wayfinding kiosks will be subject to an operating agreement with the City including revenue sharing from commercial advertising.

D. This Ordinance, including any administrative amendment s to Title 10 contained herein, would allow for the implementation of Wayfinding Kiosks in the public right of way, pursuant to an operating agreement with the City, and is therefore deemed a project under the California Environmental Quality Act (CEQA) Guidelines. This project has been analyzed and determined to be categorically exempt pursuant to CEQA Guidelines (California Code of Regulations Title 14) under the following sections:

1. Section 15301(c) (Class 1): the project consists of minor improvements occurring within existing streets;
16 ATTACHMENT 1

2 2. Section 15303 (Class 3): the nature of the project, which consists of construction of small new equipment and facilities in small structures, includes street improvements;

3. Section 15304 (Class 4) : the project consists of minor public alterations that do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored; and

4. Section 15305 (Class 5): the project would allow for minor alterations to land use limitations in an area with an average slope of less than 20% and the issuance of encroachment permits and would not result in any changes in land use or density.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. The City Council of the City of Burbank hereby declares that the above findings are true and correct and are hereby incorporated by reference.

2. Title 7, Chapter 3, Article 11, of the Burbank Municipal Code is (“BMC”) hereby established to read as follows:

“ARTICLE 11. WAYFINDING KIOSKS

7-3-1101: DEFINITIONS

As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:

CITY: City of Burbank, or any employee, officer, agent, or representative authorized by the City Council, City Charter, resolution, or ordinance, to act on behalf of the City of Burbank.

PUBLIC RIGHT OF WAY: The improved or unimproved surface of and the space above and below a City easement for a public utility purpose, street, sidewalk, or similar public way of any nature, dedicated, or improved for vehicular, bicycle, and/or pedestrian-related purpose, maintained and operated by the City, used now or hereafter held by City, however required.

WAYFINDING KIOSK or KIOSK: An interactive digital device installed in the public right of way with dimensions not to exceed nine (9) feet in vertical height, three and one-half (3 ½) feet in horizontal length, nor a width larger than 13 inches, with no more than 13 square feet in digital screen display per display face, to be used by pedestrians and/or transit riders , having a primary purpose of providing wayfinding services , public information and other messaging selected by the City, and which may include commercial advertising.

7-3-1102: WAYFINDING KIOSKS:
17 ATTACHMENT 1

3 A. Temporary or permanent Wayfinding Kiosks, intended for a public purpose or benefit, shall be allowed in the public right of way, pursuant to an approved operating agreement with the City and subject to the following objective criteria:

1. Sound. Wayfinding Kiosk shall not emit sound, except for two -way speaker capabilities that allow a user to have on-demand audio connection to emergency services with not more than a 70-decibel output. The maximum decibel output may be reduced pursuant to the terms of the written operating agreement with the City.

2. Refresh Rate. A Wayfinding Kiosk shall be subject to a non- controlled refresh rate of no more frequently than ten (10) seconds or six (6) times per minute.

3. Lighting. A Wayfinding Kiosk shall be internally illuminated. Each Kiosk operating system shall contain an automatic dimmer control that utilizes a Global Positioning System ( “GPS”) to determine sunrise and sunset times and reduce illumination for the time period between one half -hour (½) before sunset and one- half hour (½) after sunrise, and may further contain a light sensing device, placed in a manner to prevent influence by artif icial lighting, to adjust brightness as ambient light conditions change, in order to insure that the display meets the following brightness standards:

(a) The maximum brightness shall be 0.3 foot -candles above the ambient light measured two hundred fifty (250) feet perpendicular from the face of the display, unless a residential property is located within two h undred (200) feet of any portion of a Kiosk, in which case the Kiosk operator must reduce light intensity on, or shade or shield the display, or direct the lighting from such Kiosk away from such residential property such that the lighting from the Kiosk shall not result in a light intensity greater than three- tenths of one (0.3) foot -candle above ambient lighting, as measured at the property line of any residential property within two hundred (200) feet of the Wayfinding Kiosk.

(b ) No Wayfinding Kiosk shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device.

(c) Each Wayfinding Kiosk shall automatically shut off between the hours of 12:00 a.m. and 6:00 a.m. unless it is equipped with an automatic dimming control that meets the requirements of this section.

(d) At the time of submitting a Wayfinding Kiosk encroachment permit application, the owner applying for the permit sign shall submit a certification that this standard has been satisfied.

B. In addition to entering into an approved operating agreement with the City, an owner of a Wayfinding Kiosk pursuant to section (A) shall, at its own cost, apply for and obtain all required permits, including an encroachment permit , and comply with all regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code , prior to installation.
18 ATTACHMENT 1

4 C. Enforcement. Whenever a Wayfinding Kiosk is found to be unsafe or maintained in violation of any provision of this Article, the Public Works Director, or their designee may issue a notice to the owner that such Wayfinding Kiosk be changed, repaired, reconstructed, demolished or removed, as may be necessary to make effective compliance with the provisions of this A rticle. Any work required to be done shall be completed within ten (10) days of the date of said notice . Unless otherwise granted a written extension by the Public Works Director, or their designee, failure, neglect, or refusal to comply with such notice shall be grounds for the revocation of any permit granted under this Article, administrative citation pursuant to this code, default under the operating agreement, or any other action available under local, state, or federal law.

3. Title 7, Chapter 3, Article 7, Section 704, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underline):

“7-3-704: ENCROACHMENT PERMIT FEE:

The Public Works Director shall collect a fee as specified in the Burbank Fee Resolution, as amended by the Council from time to time, for handling and recording the application and shall issue an encroachment permit. Applications and permits for canopies, fences, and railing required by Section 9- 1.4406 of the Building Code , and applications and permits for Wayfinding Kiosks required by Section 7-3-1102(B) of this Code need not be recorded. However, all other applications and permits shall be referred to the City Clerk for recording in the office of the County Recorder. The City Clerk shall keep a permanent file of all permits recorded. Each permit shall be construed as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions therein stated. No permit shall be deemed to transfer any right, title or interest of the City.

The City may cancel a permit at any time and thereby terminate encroachment privileges.

Permits for canopies, fences, and railings required by Section 9- 1.4406 of the Uniform Building Code shall automatically expire when the construction permit expires or is canceled.”

4. Title 10, Chapter 1, Article 10, Section 1002, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underline):

“10-1-1002: APPLICABILITY AND EXEMPTIONS
A. APPLICABILITY.

The provisions of this Article apply to all signs except advertising signs as defined in Section 10-1-203. Advertising signs and structures are prohibited uses in all zones per Burbank Municipal Code Section 10-1-502. These provisions do not apply to Wayfinding Kiosks in the Public Right of Way as described in Title 7.

B. EXEMPTIONS.
19 ATTACHMENT 1

5 The following signs are exempt from the provisions of this Article:

1. Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person or entity giving legal notice.

2. Directional, warning or informational signs authorized by federal, state, or municipal authority or public utility.

3. Signs located on the interior of a building and intended to be viewed solely by the persons inside the building.

4. Signs that are not visible from the public right -of-way, a private street that is open to the public, or properties other than the one on which the sign is located.

5. Holiday decorations, not to exceed a total of six (6) weeks of display during any calendar year.

C. SIGN VARIANCE.

A Variance from the provisions of Sections 10-1-1004 through 10-1-1014 of this Article 10 may be granted by the Planning Commission pursuant to Section 10-1-1918.”

5. This Ordinance and any amendments to Title 10 contained herein, is considered exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption), because this Ordinance would allow for minor improvements occurring within existing streets, CEQA Guidelines Section 15303 (Class 3 Exemption), because this Ordinance would allow for construction of small new equipment and facilities which includes street improvements, CEQA Guidelines Section 15304 (Class 4 Exemption), because this Ordinance would allow for minor public alterations that do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored, and CEQA Guidelines Section 15305 (Class 5 Exemption), because this Ordinance would allow for minor alterations to land use limitations in an area with an average slope of less than 20% and the issuance of encroachment permits and would not result in any changes in land use or density.

6. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this O rdinance. The Burbank City Council declares that it would have adopted this Ordinance, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would subsequently be declared invalid or unconstitutional.”

7. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st)
day after the date of adoption.

20 ATTACHMENT 1

6 8. The City Manager or their designee is authorized to execute any action necessary to codify these amendments into the BMC.

9. The City Clerk will certify to the passage of this O rdinance and cause the City Attorney’s Synopsis of this Ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California.

PASSED AND ADOPTED this _____ day of __________ , 2025.

__________________________
Tamala Takahashi
Mayor

Approved as to Form:

Attest: Office of the City Attorney

________________________ By: _______________________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _______ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of _________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the ordinance’s adoption on ____________________.

__________________________
Kimberley Clark, City Clerk
21 ATTACHMENT 2
22 MEMORANDUM
To: Mr. Federico ‘Fred’ Ramirez, City Planner/Asst Community Development Director From: Carey Fernandez, AICP
Subject: Wayfinding Ordinance – Substantial Evidence for CEQA Categorical Exemptions Date: 11/19/2025
To Mr. Ramirez,
Dudek has evaluated the Wayfinding Ordinance (proposed project) in the City of Burbank. The proposed project includes the establishment of Article 11, “Wayfinding Kiosks”, in Chapter 3, Title 7, of the Burbank Municipal Code, and amending Section 1002, “Signs and Advertising Structure Regulations”, of Article 1, Chapter 1, Title 10 of the Burbank Municipal Code. The proposed project would allow for the implementation of wayfinding kiosks in the public right of way, pursuant to an operating agreement with the City. Based on our review of the proposed project, we have determined and confirmed that the project meets the criteria for the categorical exemption under the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Title 14) Sections 15301(c) (Class 1), 15303 (Class 3) and 15304 (Class 4), and 15305 (Class 5) as described herein. Due to the proposed project consisting of minor improvements occurring within existing streets, sidewalks and pathways, a Class 1 Categorical Exemption has been proposed. Additionally, a Class 3 Categorical Exemption is applied due to the nature of the project, which consists of construction of small new equipment and facilities in small structures, as further defined to include street improvements. Further, Class 4, consisting of minor public alterations that do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored, is appropriate for this proposed project. Finally, Class 5 consists of minor alterations to land use limitations in an area with an average slope of less than 20% and the issuance of encroachment permits, which do not result in any changes in land use or density, is applied. We have included below substantial evidence to justify this conclusion. The italicized and bold provisions below are those which the proposed project falls within:

CATEGORICAL EXEMPTIONS AND EXCEPTIONS
Article 19 of the CEQA Guidelines includes a list of classes of projects, which have been determined not to have a significant effect on the environment, and which shall, therefore, be exempt from the provisions of CEQA. Such projects are categorically exempt from the requirement for the preparation of environmental documents.

Pursuant to CEQA Guidelines Section 15300.2, to qualify for Section 15301, 15303, 15304, or 15305 categorical exemptions, projects must ensure they do not take the following exceptions:
▪ Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, t hese classes are considered to apply all instances, except where ATTACHMENT 3
23 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

2 NOVEMBER 2025
the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

▪ Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

▪ Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

▪ Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designate d as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

▪ Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

▪ Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

CLASS 1 EXEMPTION: EXISTING FACILITIES
Projects within the Class 1 exemption consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Application of this exemption, as all categorical exemptions, is limited by the exceptions described above.

Class 1 exemptions are appropriate for projects that meet the following conditions:

▪ Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
▪ Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services;
▪ Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) and other alterations such as the addition of bicycle facilities, including but not limit ed to bicycle parking, bicycle -share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.

ATTACHMENT 3
24 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

3 NOVEMBER 2025
▪ Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; ▪ Additions to existing structures provided that the addition will not result in an increase of more than; o 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
o 10,000 s.f. if;
▪ The Project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and ▪ The area in which the project is located is not environmentally sensitive. ▪ Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices; ▪ New copy on existing on and off-premise signs;
▪ Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides).
▪ Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
▪ Fish stocking by the California Department of Fish and Game; ▪ Division of existing multiple family or single -family residences into common -interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt;
▪ Demolition and removal of individual small structures listed in this subdivision:
o One single -family residence. In urbanized areas, up to three single -family residences may be demolished under this exemption.
o A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished. o A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, this exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. o Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
▪ Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources
▪ Conversion of a single-family residence to office use. ▪ Installation, in an existing facility occupied by a medical waste generator, or a steam sterilization unit for the treatment of medical waste generated by the facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act
▪ Use of a single-family residence as small family day care home.

ATTACHMENT 3
25 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

4 NOVEMBER 2025
The Class 1 exemption applies because the proposed project would facilitate minor improvements and other alterations to existing streets and sidewalks that do not create additional automobile lanes, and devices to be used in conjunction with existing struc tures and facilities (specifically, existing streets and sidewalks) for purposes of protecting pedestrian health and safety by providing public benefit information, and providing navigational and wayfinding assistance that includes but is not limited to restaurant and retail locations in the immediate vicinity of the equipment, public information (e.g., 911 and 311 public information), available public transit options that would all be available for public viewing by allowing the installation of wayfinding kiosks in the public right of way, none of which involves more than a negligible expansion in use of existing streets and sidewalks. Therefore, substantial evidence supports the conclusion that the Class 1 exemption applies to the proposed project.

CLASS 3 EXEMPTION: NEW CONSTRUCTION OR CONVERSATION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of the exemption include, but are not limited to:
▪ One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. ▪ A duplex or similar multi -family residential structure, totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units.
▪ A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area . In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
▪ Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to service such construction.
▪ Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. ▪ An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Waste Management Act.

The Class 3 categorical exemption applies because the proposed project would facilitate limited numbers of new, small facilities or structures (i.e., wayfinding kiosks) including street improvements and utility equipment and extensions of reasonable length to serve such construction. The number and location of wayfinding kiosks facilitated by the proposed project would be limited pursuant to a city-approved operating agreement related to the proposed project. It is well recognized that the Class 3 exemption applies to the installation of small new equipment on numerous existing small structures in scattered locations , which the proposed wayfinding ki osks in the public right of way would meet this designation. Therefore, substantial evidence supports the conclusion that the proposed project is within the Class 3 exemption.

ATTACHMENT 3
26 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

5 NOVEMBER 2025

CLASS 4 EXEMPTION: MINOR ALTERATIONS TO LAND
Class 4 exemptions consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal or healthy, mature, scenic tress except for forestry or agricultural purposes. Examples include but are not limited to:
▪ Grading on land with a slope less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designed (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist. ▪ New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire-resistant landscaping.
▪ Filling of earth into previously excavated land with material compatible with the natural features of the site.
▪ Minor alterations inland, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of the habitat for fish and wildlife resources or greater fish production.
▪ Minor temporary use of land having negligible or not permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
▪ Minor trenching and backfilling where the surface is restored; ▪ Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal agencies;
▪ The creation of bicycle lanes on existing rights-of-way. ▪ Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare or threatened plant or animal species or significant erosion and sedimentation of surface waters.

The Class 4 exemption applies because the proposed project would facilitate minor alterations in the condition of existing land which does not involve removal of trees, specifically the condition of existing streets and sidewalks, and may involve trenching and backfilling in various locations for installation of wayfinding kiosks and supporting utility equipment and line extensions , and in all instances the surface is required to be restored. Therefore, substantial evidence supports the conclusion that the proposed project is within the scope of the Class 4 exemption.

CLASS 5 EXEMPTION: MINOR ALTERATIONS IN LAND USE LIMITATIONS Class 5 exemptions consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including but not limited to:
▪ Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel;
▪ Issuance of minor encroachment permits;
▪ Reversion to acreage in accordance with the Subdivision Map Act.

ATTACHMENT 3
27 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

6 NOVEMBER 2025

Class 5 exemption applies because the proposed project would facilitate minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including the issuance of minor encroachment permits. This applies because the proposed project would allow temporary or permanent wayfinding kiosks to be located within the public right of way, pursuant to an approved operating agreement with the City and subject to the City’s approval of an encroachment permit application (s). Therefore, substantial evidence supports the conclusion that the proposed project is within the scope of the Class 5 exemption.

Categorical Exemption Exception Analysis

The exceptions to Categorical Exemptions pursuant to CEQA Guidelines Section 15300.2 as set forth above do not apply, for the following reasons:

▪ Location. The proposed project requires an operating agreement with the City, in which the specific locations of the wayfinding kiosks are determined and approved by the City. Therefore, the proposed project does not include site -specific locations , which could have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
▪ Cumulative Impact. Cumulative impacts of successive projects of the same type in the same place, over time are not significant. The proposed project requires the applicant to enter into an approved operating agreement with the City, in which the applicant shall at its own cost, apply for and obtain all requirements city permits, including encroachment permits, and comply with all regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code, prior to installation. Therefore, the proposed project does not include site -specific locations of the same type in the same place that may cause potentially significant cumulative impacts.
▪ Significant Effect. There is no reasonable possibility that the proposed project will have a significant effect on the environment due to unusual circumstances. The proposed project imposes specific limits and standards on lighting and requires that the applicant submit certification that the lighting standard has been satisfied at the time of submitting a wayfinding kiosk building and exc avation permit application and any required encroachment permit application. In addition, the proposed project includes standards on sound and requires that wayfinding kiosks do not emit sound, except for two - way speaker capabilities that allow a user to have on-demand audio connection to emergency services with not more than a 70-decibel output, which is consistent with the maximum allowable noise exterior exposure limits identified from transportation sources in proximity to residential and commercial land uses as noted in the Burbank2035 General Plan Noise Element (Table N -3). Further, the maximum decibel output may be reduced pursuant to the terms of the written operating agreement with the City. ▪ Scenic Highways. There are no state scenic highways within the City of Burbank. Therefore, the project (i.e., the installation of wayfinding kiosks in the city public right of way) would not result in wayfinding kiosks being located on, or adjacent to, a highway officially designated as a state scenic highway.

Therefore, the proposed project will not have any impact on a state scenic highway. ▪ Hazardous Waste Sites. The proposed project requires an operating agreement with the City, in which the locations of the wayfinding kiosks in the public right of way are determined and approved by the City. The proposed project does not include site-specific locations that could be located on a site, which ATTACHMENT 3
28 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

7 NOVEMBER 2025
is included on any list compiled pursuant to Section 65962.5 of the Government Code. Therefore, the proposed project will not have any impact on a hazardous waste site. ▪ Historical Resources. The proposed project would not cause a substantial adverse change in the significance of a historical resource. The proposed project would be required to comply with Title 10, Chapter 1, Article 9, Division 6, “Historic Preservation Regulations,” of the Burbank Municipal Code.

These regulations outlined in the Historic Preservation Regulations ordinance ensure the project will not cause a substantial adverse change in the significance of a historical resource.

CONCLUSION
As described above, the proposed project that involves new regulations to facilitate the installation of wayfinding kiosks in the public right of way subject to a city -approved operation agreement is exempt from further environmental review as minor alterations to existing streets and highways that do not create additional automobile lanes or involve more than a negligible increase in use of existing facilities, consisting of the addition of small facilities and potential minor alteration to land within the existing right -of-way during construction, after which the surface will be restored.

Further, the terms of the proposed project dictate that temporary or permanent wayfinding kiosks, intended for a public purpose or benefit, shall be allowed in the public right of way, pursuant to an approved operating agreement with the City and subject to objective criteria including limitations on sound, refresh rate, and lighting. At the time of submitting a wayfinding kiosk building and excavation permit and any required encroachment permit application, the owner applying for these city permits sign shall submit a certification that the standard outlined in the proposed project has been satisfied. In addition to entering into an approved operating agreement with the City, the proposed project dictates that an owner of a wayfinding kiosk pursuant to section (A) shall, at its own cost, apply for and obtain all required city permits, including but not limited to any building, excavation, and encroachment permits, and comply with all regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code, prior to installation. Therefore, upon entering into an agreement with the City, the wayfinding kiosks would not be located where there is a reasonable possibility of a significant effect on the environment such as a designated environmentally sensitive area, state scenic highway or hazardous waste site, or to cause a change in the significance of historical resources.

The proposed project does not fall under any of the exceptions to use of a categorical exemption, as defined in Article 19 of the CEQA Guidelines (and described above). The project is not anticipated to result in any significant direct or cumulative impact s and would not result in damage to scenic resources within a highway officially designated as a state scenic highway. The project site, which encompasses public right of way throughout the city is also not included on any list compiled pursuant to Section 65962.5 of the Government Code (hazardous waste sites). Lastly, the project would not cause a substantial adverse change in the significance of a historical resource.

Substantial evidence in the record as a whole supports these conclusions. As a result, Dudek is recommending that this project utilize the Class 1, 3, 4 and 5 CEQA exemptions. If you have any questions regarding this analysis, please feel free to contact me at 760.479.4299, or [email protected].

Sincerely,

ATTACHMENT 3
29 MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION

8 NOVEMBER 2025

Carey Fernandes, AICP
Practice Director, CEQA/NEPA

ATTACHMENT 3
30 1
Eff.: 01-16-2026 ORDINANCE NO. 25-4,035

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ESTABLISHING ARTICLE 11 , WAYFINDING
KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK
MUNICIPAL CODE , AMENDING SECTION 1002 SIGNS

AND ADVERTISING STRUCTURE REGULATIONS , OF
ARTICLE 10, CHAPTER 1, TITLE 10 OF THE BURBANK

MUNICIPAL CODE , AND FINDING OF A CATEGORICAL

EXEMPTION PURSUANT TO CEQA GUIDELINES
SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3) , 15304
(CLASS 4), and 15305 (CLASS 5)

City Attorney’s Synopsis:

THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:

C. Wayfinding kiosks will be subject to an operating agreement with the City including revenue sharing from commercial advertising.

1. Section 15301(c) (Class 1) : the project consists of minor improvements occurring within existing streets;
31 25-4,035

2 2. Section 15303 (Class 3): the nature of the project, which consists of construction of small new equipment and facilities in small structures, includes street improvements;

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. The City Council of the City of Burbank hereby declares that the above findings are true and correct and are hereby incorporated by reference.

2. Title 7, Chapter 3, Article 11, of the Burbank Municipal Code is (“BMC”) hereby established to read as follows:

“ARTICLE 11. WAYFINDING KIOSKS

7-3-1101: DEFINITIONS

As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:

CITY: City of Burbank, or any employee, officer, agent, or representative authorized by the City Council, City Charter, resolution, or ordinance, to act on behalf of the City of Burbank.

32 25-4,035

3 7-3-1102: WAYFINDING KIOSKS:

A. Temporary or permanent Wayfinding Kiosks, intended for a public purpose or benefit, shall be allowed in the public right of way, pursuant to an approved operating agreement with the City and subject to the following objective criteria:

2. Refresh Rate. A Wayfinding Kiosk shall be subject to a non- controlled refresh rate of no more frequently than ten (10) seconds or six (6) times per minute.

(b ) No Wayfinding Kiosk shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device.

(d) At the time of submitting a Wayfinding Kiosk encroachment permit application, the owner applying for the permit sign shall submit a certification that this standard has been satisfied.

4 regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code , prior to installation.

C. Enforcement. Whenever a Wayfinding Kiosk is found to be unsafe or maintained in violation of any provision of this Article, the Public Works Director, or their designee may issue a notice to the owner that such Wayfinding Kiosk be changed, repaired, reconstructed, demolished or removed, as may be necessary to make effective compliance with the provisions of this A rticle. Any work required to be done shall be completed within ten (10) days of the date of said notice . Unless otherwise granted a written extension by the Public Works Director, or their designee, failure, neglect, or refusal to comply with such notice shall be grounds for the revocation of any permit granted under this Article, administrative citation pursuant to this code, default under the operating agreement, or any other action available under local, state, or federal law.

3. Title 7, Chapter 3, Article 7, Section 704, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underline):

“7-3-704: ENCROACHMENT PERMIT FEE:

The City may cancel a permit at any time and thereby terminate encroachment privileges.

Permits for canopies, fences, and railings required by Section 9- 1.4406 of the Uniform Building Code shall automatically expire when the construction permit expires or is canceled.”

4. Title 10, Chapter 1, Article 10, Section 1002, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underline):

“10-1-1002: APPLICABILITY AND EXEMPTIONS

A. APPLICABILITY.

The provisions of this Article apply to all signs except advertising signs as defined in Section 10-1-203. Advertising signs and structures are prohibited uses in all zones per 34 25-4,035

5 Burbank Municipal Code Section 10-1-502. These provisions do not apply to Wayfinding Kiosks in the Public Right of Way as described in Title 7.

B. EXEMPTIONS.

The following signs are exempt from the provisions of this Article:

1. Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person or entity giving legal notice.

2. Directional, warning or informational signs authorized by federal, state, or municipal authority or public utility.

3. Signs located on the interior of a building and intended to be viewed solely by the persons inside the building.

4. Signs that are not visible from the public right -of-way, a private street that is open to the public, or properties other than the one on which the sign is located.

5. Holiday decorations, not to exceed a total of six (6) weeks of display during any calendar year.

C. SIGN VARIANCE.

A Variance from the provisions of Sections 10-1-1004 through 10-1-1014 of this Article 10 may be granted by the Planning Commission pursuant to Section 10-1-1918.”

6 declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would subsequently be declared invalid or unconstitutional.”

7. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st)
day after the date of adoption.

8. The City Manager or their designee is authorized to execute any action necessary to codify these amendments into the BMC.

PASSED AND ADOPTED this 16th day of December 2025.

_ s/Tamala Takahashi_________
Tamala Takahashi
Mayor

Approved as to Form:

Attest: Office of the City Attorney

_s/Kimberley Clark__________ By: _ s/Ray Johal_____________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney

36 25-4,035

7 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 25-4,035 was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 16th day of December 2025, by the following vote:

AYES: Anthony, Perez, Rizzotti, Mullins, and Takahashi.

NOES: None.

ABSENT: None.

_s/Kimberley Clark_____________
Kimberley Clark, City Clerk
37 1

STAFF REPORT
DATE: December 16, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
VIA: Fred Ramirez, Assistant Community Development Director - Planning
Scott Plambaeck, Planning Manager
Daniel Villa, Principal Planner
BY: Vanessa Quiroz, Senior Planner
SUBJECT: Adoption of an Ordinance Amending Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to Establish a New School –Trade/Vocational Use With Related Regulations, Allow the Use i n M -1 (Limited Industrial) a nd M -2 (General Industrial) Zones, and Clarify its Permissibility in Other Non- Residential Zones

RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE TO ESTABLISH SCHOOL –TRADE/VOCATIONAL AS A NEW USE ALONG WITH RELATED REGULATIONS, ALLOW THE USE IN M-1 (LIMITED INDUSTRIAL) AND M- 2 (GENERAL INDUSTRIAL) ZONES, AND TO CLARIFY THE PERMISSIBILITY OF THE USE IN OTHER NON-RESIDENTIAL ZONES (PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT) (Attachment 1).

SUMMARY
The subject Ordinance was introduced at a Joint Meeting of the City Council and the Burbank Housing Authority on December 9, 2025. Council Members Anthony, Mullins, and Rizzotti, Vice Mayor Takahashi, and Mayor Perez were present. The Ordinance amends the Burbank Municipal Code (BMC), Title 10, Chapter 1, Zoning under a Zone Text Amendment (ZTA) to establish “School-Trade/Vocational” as a new use distinct from

COMMUNITY

DEVELOPMENT
Consent Calendar
Item #3
38 2
Amendments include: 1) adding the new use to the Zoning Use List T able (BMC 10-1- 502) and clarifying its permissibility in all non-residential zones, 2) modifying and adding related definitions (BMC 10-203), and 3) creating a new parking requirement specific to the use (BMC 10-1-1408).

The Ordinance implement s the goals and policies of the Land Use Element of the Burbank2035 General Plan, the Burbank 2024- 2028 Economic Development Strategic Plan, and City Council’s Economic Development Goals and Strategies to diversify the City’s economic base and retain and attract new businesses in emerging industries that bolster the communities’ long-term economic success.

Vote at Introduction:

AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez.

NOES: None
ABSENT: None
The Ordinance is now presented for adoption.

ENVIRONMENTAL REVIEW
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), the common-sense exemption. CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question could cause a significant effect on the environment, the activity is not subject to CEQA. No unusual circumstances exist that would preclude the us e of this exemption. The proposed amendments are an administrative activity of the City, with no potential significant environmental effect on existing development. Furthermore, pursuant to CEQA Guidelines Section 15378, this proposed Ordinance is not considered a “project” subject to the requirements of CEQA because the ZTA, on its own, has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and instead involves administrative updates to the BMC. The proposed Ordinance does not effectuate approval of the use on a particular site and future requests w ill be evaluated individually for compliance with applicable zoning regulations and CEQA.

FISCAL IMPACT
The Ordinance will have no direct impact to the City’s General Fund as the processing of the amendment is within the 2025-26 Planning Division Budget. the BMC’s existing “School-Public or Private” use currently prohibited in industrial zones. 39 2

ATTACHMENT
Attachment 1 – Ordinance
40 ATTACHMENT 1 – 1
ORDINANCE NO. ________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF

THE BURBANK MUNICIPAL CODE TO ESTABLISH
SCHOOL–TRADE/VOCATIONAL AS A NEW USE ALONG
WITH RELATED REGULATIONS, ALLOW THE USE IN M -1
(LIMITED INDUSTRIAL) AND M-2 (GENERAL INDUSTRIAL)

ZONES, AND TO CLARIFY THE PERMISSIBILITY OF THE

USE IN OTHER NON-RESIDENTIAL ZONES

(PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT)

City Attorney’s Synopsis

This Ordinance amends Burbank Municipal Code (BMC), Title 10 (Zoning Regulations), Chapter 1, Zoning t o Establish “School–Trade/Vocational” as a new use along with related regulations, allows the use in M-1 (Limited Industrial) and M-2 (General Industrial) zones, establishes parking standards for the use, and clarifies the permissibility of the use in all other non-residential zones.

THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:

A. Whereas the Planning Division of the Community Development Department has received past inquiries about permitting trade/vocational school s in M-1 (Limited Industrial) and M-2 (General Industrial) zones, where the use is currently prohibited.

B. Whereas the City’s 2024- 2028 Economic Development Strategic Plan identified Higher Education, which includes trade/vocational schools, as one of four new emerging sectors within the City to retain and attract.

C. Whereas the City of Burbank identified the City’s industrial zones as having ideal parcels and characteristics to accommodate trade/vocational school tenants.

D. Whereas the Burbank Municipal Code (“BMC”) currently includes a “Trade School” definition at Section 10-1-203, the use is not separately listed in the Zoning Use List at Section 10-1- 502. At the same time , t he BMC’s definition of “School” broadly includes vocational and professional schools, so trade schools are included by default under the “School –Public or Private” use. T he use is currently prohibited in industrial zones.

E. Whereas trade/vocational schools provide specialized, hands -on training i n various trades such as industrial -based skills like welding, automotive repairs, and machinery/equipment maintenance which are appropriately suited for industrial areas.

Therefore, the Community Development Department determined that amendments to the BMC are required to : (1) allow the City to better align with the 2024- 2028 Economic 41 ATTACHMENT 1 – 2
Development Strategic Plan, which identifies Higher Education, including trade/vocational school types, as a key emerging sector ; and (2) provide clearer regulatory guidance to enable the City to accommodate vocational/professional schools in appropriate locations while maintaining compatibility with surrounding uses.

F. On October 13, 2025, the Planning Commission held a duly noticed public hearing on the proposed ZTA and associated Ordinance (Project No. 2 5-0004932).

During deliberation, the Commissioners discussed: the proposed permissibility of the use and whether allowance through an AUP could be more appropriate as they are currently required for schools in certain zones or when located within 150 feet of residential zones; whether the proposed parking standard is appropriate; and whether trade/vocational schools are considered sensitive uses. After consideration and discussion, the Planning Commission voted 3-0, with two absen ces, to adopt the R esolution recommending that the City Council of the City of Burbank (“Council”) approve the proposed ZTA and associated Ordinance with an amendment for a typographical revision to the title.

G. The Planning Commission determined that the proposed ZTA and associated Ordinance met the findings required by BMC Section 10 -1-1991 (Requirements for Adding a Use) for the request to add a new land use to the Zoning Use List under BMC Section 10-1-502 and other related regulations.

H. In accordance with California Government Code Section 65860, the proposed ZTA and associated Ordinance were determined to be consistent with the Land Use Element of the Burbank2035 General Plan and compatible with the objectives, policies, general land uses and programs specified therein.

I. The Planning Commission f ound the proposed ZTA and associated Ordinance consistent with Goal 4 of the Burbank 2024- 2028 Economic Development Strategic Plan, to “retain and expand Burbank’s leading and emerging industries to balance the future economy.”
J. The Planning Commission f ound the proposed ZTA and associated Ordinance consistent with the City Council’s 2025- 2026 Economic Development City Goal, to “diversify economic base and retain and attract businesses.” K. Whereas, following the Planning Commission’s deliberation, the ZTA and associated Ordinance were updated to: (1) c larify that trade/vocational schools will be allowed in several other non- residential zones so that existing permissibility is carried over for the new use, (2) remove an existing “Trade School” definition, which is no longer necessary since the new definition “School–Trade/Vocational “ will encompass it. These revisions have been included in the exhibits A and B to the proposed Ordinance.

L. On December 9, 2025, the City Council at its regular meeting, held a public hearing on Project No. 25 -0004932, an Ordinance to adopt the Zone Text Amendment amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to establish School– Trade/Vocational as a new use along with related regulations, allow the use in M -1 42 ATTACHMENT 1 – 3
(Limited Industrial) and M -2 (General Industrial) Zones, and clarify the permissibility of the use in other non-residential zones (“Ordinance”).

M. Said hearing was property noticed in accordance with the provisions of BMC Section 10-1-1994.

N. The Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Commission as evidenced by its Resolution 3481, and the evidence and testimony presented at such hearing.

O. The Council finds the Ordinance satisfies the findings required by BMC Section 10-1-1991 (Requirements for Adding a Use) to add a new land use to the Zoning Use List at BMC Section 10-1-502 as follows:

1. The addition of the new use will be in accord with the purposes of the zones in which it is proposed to be listed.

The proposed Ordinance incorporates trade/vocational schools as a separate use and extends the use to industrial zones. The inclusion of “ School– Trade/Vocational” in the M -1 (Limited Industrial) and M -2 (General Industrial) zones is in accord with the purposes of those zones. The Burbank2035 General Plan seeks to introduce additional commercial uses that are compatible with the industrial character of the area. As the new use will provide specialized training, hands-on skills, and education in various trades and technical fields, it can provide a workforce to support industries in the M -1 and M-2 zones. This amendment will benefit a variety of creative industries , office uses and emerging economic sectors such as healthcare throughout the entire City.

2. The proposed use is compatible with and has the same basic characteristics as the other permitted uses.

Since trade/vocational schools are already permitted in most of the other non- residential zones throughout the City and their existing permissibility will be carried over into the new use, the use will continue to be compatible with the characteristics in those zones. For the added M-1 and M -2 industrial zones , although they are primarily intended to accommodate manufacturing and warehousing uses, the BMC Zoning Use List already permits a variety of other land uses in these areas including lodging, retail and service uses, recreational, professional and medical office, and media supporting uses. Among the permitted uses in these zones are two related to the proposed new use:

Meeting Hall (Planning Policy #502-1) and Personal or Physical Arts Studios.

Additionally, the introduction of a “School–Trade/Vocational” use to industrial zones will offer training and certification for skills that may be in demand by surrounding businesses. The Burbank2035 General Plan includes goals and policies that encourage a diverse range of uses throughout the City. Therefore, the proposed use is compatible with and has the same basic characteristics as 43 ATTACHMENT 1 – 4
other permitted uses currently allowed in the M -1 and M -2 zones and will continue to be compatible with uses in the other non-residential zones.

3. The proposed use can be expected to conform with the required conditions for the zone.

All permitted uses in the City of Burbank must comply with applicable regulations and development standards outlined in the BMC, such as parking standards, site maintenance, site improvements, et cetera. As such, existing trade/vocational schools are already required to comply with these regulations.

As required by BMC Sections 10-1-1936 (CUP) and 10- 1-1956 (AUP), new “School–Trade/Vocational” uses in the M-1 and M-2 zones shall be reviewed against applicable requirements to ensure that a given site has the capacity in terms of size and shape to accommodate the use, that the streets around the site can carry the traffic to be generated by the proposed use, and that the use is compatible with other uses on the same lot as well as those in the general area. Therefore, the proposed use which will be either subject to a CUP in the M-1 and M -2 zones, or an AUP in certain cases when located in other non- residential zones, can be expected to conform with the required conditions for the subject zones in which the use is newly proposed.

4. The proposed use will not be detrimental to the public health, safety or welfare.

Adding “School–Trade/Vocational” in the Zoning Use List is not anticipated to be detrimental to the public health, safety or welfare. The use provid es specialized skill training and education that will serve as a supporting use to the industries and businesses in industrial zones and citywide. The proposed Ordinance seek s to distinguish trade/vocational schools from the general school use which includes K -12 schools, childcare, colleges, and universities.

Since trade/vocational schools are already permitted in the City , the use will continue to adhere to the requirements of Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 (Zoning Regulations) of the BMC, California Building Code, and the California Fire Code . Additionally, proposed schools subject to an AUP or CUP shall be reviewed under a discretionary review process. Under this process, the operation of the school will be analyzed against required findings that must be satisfied before approved to ensure compatibility with the surrounding properties and to protect the public health, convenience, safety and welfare. Therefore, the proposed use will not result in a detrimental impact to public health, safety, or welfare.

5. The proposed use will not adversely affect the character of the zone.

The M-1 and M-2 zones currently allow for a variety of uses including, but not 44 ATTACHMENT 1 – 5
limited to warehouse, manufacturing, lodging, retail and service, recreational, professional office, and media supporting uses. Additionally, the Burbank2035 General Plan includes Land Use Element goals and policies to promote diverse land uses in these areas, which include the Golden State Commercial/Industrial and North Victory Commercial/Industrial land use designations. This Ordinance will clarify that trade/vocational schools are allowed in the majority of non- residential zones and will also facilitate new opportunities for specialized skill training and certification that can support businesses in the industrial zones in a manner consistent with the 2024- 2028 Economic Development Strategic Plan and the 2025- 2026 City Council Economic Development Goals focused on diversification of the economic base and retention and attraction of new businesses that support local industries . Therefore, the proposed use will continue to be compatible with other non- residential zones where the use is already permitted and will be compatible with existing uses permitted in the industrial zones and thus will not adversely affect the character of any of the non-residential zones where the use will be permitted.

6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.

Since trade/vocational schools are an existing permitted use in most of the non- residential zones under the “School—Public or Private” in the Zoning Use List, the proposal to separate the use and carry over permissibility under the new use is not expected to generate more vehicular traffic where the use is already permitted. For the addition of the use to industrial zones, t he M -1 and M -2 zones currently allow for a variety of uses with differing parking requirements that include uses with the most stringent parking standards such as full-service restaurants and auditorium/meeting halls. Additionally, the new “ School– Trade/Vocational” use in the industrial zones will be subject to the CUP review process of which one of the six required findings is that “the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.” New trade/vocational schools in the other non-residential zones might be subject to an AUP process . Under review of an AUP or CUP, the Community Development Department’s Transportation and Planning Division will also review the trips generated by the use. If it is determined that the use may cause impacts, additional analysis, mitigation measures, conditions of approval, and/or alternatives will be required. Therefore, the proposed use is not anticipated to create more vehicular or other traffic in the non- residential zones where the use is already allowed nor more than the volume normally created by any of the uses permitted in the M -1 and M -2 industrial zones .

Should a specific school subject to an AUP or CUP result in additional traffic volume, this site -specific impact shall be reviewed and considered under the entitlement review process.

45 ATTACHMENT 1 – 6

7. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.

The new use proposed under the Ordinance will define trade-based educational schools as a new use allowed in the M-1 and M-2 industrial zones, subject to a CUP discretionary review process. In other non-residential zones, the use will be subject to an AUP process . The AUP and CUP process es will assess a given school’s operation against required findings to assure compatibility and protect the public health, convenience, safety and welfare.

Per BMC Section s 10-1-1937 and 10- 1-1957, either the Director of the Community Development Department or the Planning Commission may impose further requirements and limitations on a use to regulate site and facility operation characteristics to minimize any potential impacts and nuisances.

Additionally, the use must adhere to Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 of the BMC the California Building Code, and the California Fire Code during building improvements and operation, as required for all businesses in the City. Therefore, the proposed use would not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by other permitted uses.

8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.

The proposed Ordinance separates trade/vocational schools , which provide specialized skills and training as a new use, which will continue to be allowed in the existing non-residential zones it is already permitted. Additionally, the proposal will conditionally permit the new use in existing M-1 and M-2 industrial zones. These zones allow businesses that handle, fabricate, process, and manufacture raw and potentially hazardous materials, either by -right or conditionally through a CUP. Should any proposed future school handle hazardous material, their operation shall be carefully analyzed under the CUP discretionary review process to ensure the use will not be detrimental to the surrounding properties and conditions can be imposed to safeguard public health, convenience, safety, and welfare. Further, all trade/vocational schools shall be subject to Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 (Zoning Regulations) of the BMC, the California Building Code, and the California Fire Code. Therefore, the proposed use will not create any greater hazard of fire or explosion than hazards normally created by any of the permitted uses in the industrial zones and throughout the City.

9. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.

The inclusion of the “School–Trade/Vocational” use in the Zoning Use List will provide clarity on the permissibility of the use now conditionally permitted in M- 46 ATTACHMENT 1 – 7
1 and M -2 zones. The additional permitted zones allow for specialized work - based training and education in the City’s workforce areas helping to bolster and expand the economic base by creating schools for specific trades, which can in turn help retain and attract new businesses to the City. The proposed Ordinance requires that all new “ School–Trade/Vocational” uses comply with relevant development standards and discretionary review process, if required.

For those subject to a discretionary application, the process adds a layer of review that considers compatibility with surrounding properties as a required finding for approval. Moreover, the proposed Ordinance will further diversify land uses permitted in the industrial zones, which can help make the properties in these areas more viable as trade and vocational school sites to support existing and new businesses consistent with the City’s Economic Development Strategies and City Council Economic Goals. Therefore, addi ng trade/vocational school as a separate use and extending permissibility to industrial zones is not anticipated to cause substantial injury to the values of property in which it is proposed to be listed or in any abutting zone.

P. In accordance with California Government Code Section 65860, the Council must find the Ordinance consistent with the objectives, policies, general land uses, and programs specified in the Burbank2035 General Plan. The proposed Ordinance is consistent with the following City plans, goals, and policies:

• Land Use Element of the Burbank2035 General Plan:
o Goal 6: Economic Vitality and Diversity: Burbank has a healthy and diverse economy and provides for a full range of retail, commercial, office, and industrial uses.

Businesses contribute to community character and
economic vitality by supporting neighborhood,
community, and regional needs and providing diverse
employment options.
o Policy 6.1 of Goal 6: Recruit and attract new businesses.

Use these businesses to act as catalysts to attract other businesses. Continue to utilize public ‐private
partnerships and other incentives to enhance economic
vitality.
o Policy 12.3 : Ensure that a balanced mix of commercial and industrial uses is provided in the Golden State
Commercial/Industrial area.
• Burbank 2024-2028 Economic Development Strategic Plan:
o Goal 4: Retain and expand Burbank’s leading and emerging industries to balance the future economy.
47 ATTACHMENT 1 – 8
• 2025-2026 Economic Development City Council Goal:
o Diversify economic base and retain and attract businesses.

The proposed Ordinance adding “School–Trade/Vocational” as a new use, continue s to allow for skill-based professional training throughout the City, as well as extends the use to industrial areas of Burbank, furthering several of the City’s plans, goals, and policies.

This enables a diverse economic base by allowing an expanded range of uses providing workforce training and development that can help and attract new businesses seeking access to these workforces and thereby enhance the City’s long-term economic viability.

The addition of professional schools in M -1 and M -2 industrial zones will facilitate the creation of a pipeline of trained workers for surrounding skill -based employers.

Additionally, the Ordinance adds to the mixed commercial and industrial uses in these zones, reinforcing the objective of the Land Use designation for the Golden State District, which primarily consist of M-1 and M-2 zoned parcels. Thus, the proposed Ordinance not only meet s the Burbank2035 General Plan but implement s City Council- adopted Economic Development Goals and the 2024- 2028 Economic Development Strategic Plan.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

Section 1. Findings. All findings set forth above are true and correct and incorporated herein as if restated in their entirety.

Section 2. Amendment to Burbank Municipal Code (“BMC”) Section 10-1- 203 (Definitions). BMC Section 10-1-203 is hereby amended to include the following changes: (1) revise the “SCHOOL” definition to remove reference to a vocational and professional school, (2) remove the “TRADE SCHOOL” definition, and (3) add “SCHOOL–TRADE/VOCATIONAL ” definition that will include a variety of vocational schools, as shown in Exhibit A to this Ordinance, attached and incorporated herein.

Section 3. Amendment to BMC Section 10 -1-502, Uses in All Zones ( Except Residential Zones). Table 10-1-502 is hereby amended under sub- header Recreation, Education, and Assembly to add “ School–Trade/Vocational” as a new use permitted as shown in Exhibit B to this Ordinance, attached and incorporated herein.

Section 4. Amendment to BMC Section 10 -1-1408 (Space Required) . BMC Sections 10-1-1408 is hereby amended and restated to establish a parking standard for the SCHOOL –TRADE/VOCATIONAL use as shown in Exhibit C of thi s Ordinance, attached and incorporated herein.

S ection 5. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
48 ATTACHMENT 1 – 9
Section 6. Environmental Assessment . This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). The activity is covered by the “common-sense” exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines § 15061(b)(3)). Furthermore, pursuant to CEQA Guidelines Section 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment but instead involves administrative and procedural updates to the BMC. The Ordinance does not effectuate any approvals of the use on a particular site. The City Planner shall file a Notice of Exemption with the Los Angeles County Clerk and the State Clearinghouse, within 5 days of the City Council’s approval.

Section 7. E
ffective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.

PASSED AND ADOPTED this __day of , 2025.

_________________________
Nikki Perez
Mayor

Approved as to Form:

Attest: Office of the City Attorney

______________________________ _________________________ Kimberley Clark, City Clerk Jill Vander Borght
Chief Assistant City Attorney

49 ATTACHMENT 1 – 10

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the day of __, 2025, by the following vote:

AYES:

NOES:

ABSENT:

I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its , 2025 adoption.

____________________________
Kimberley Clark, City Clerk

50 ATTACHMENT 1 – 11

EXHIBIT A TO ATTACHMENT 1
51 ATTACHMENT 1 – 12
Amendments to Burbank Municipal Code Section 10-1-203 (Definitions) to amend the existing definition of “SCHOOL” to remove reference to vocational and professional schools, establish a new definition for “SCHOOL– TRADE/VOCATIONAL” that will include a broad variety of vocational schools, and remove the “TRADE SCHOOL” definition.

Revisions are Bold and underlined and deletions are marked in strikethrough:

SCHOOL: Means an establishment or facility used as an institution of learning for minors, whether public or private. This can include institutions that, which offer instruction in those courses of study required by the State Education Code , or which is are maintained pursuant to the standards set by the State Board of Education. This definition includes a child day care facility, kindergarten, elementary school, junior high school, senior high school, colleges, universities and or any special institution of learning under the jurisdiction of the State Board Department of Education and a Vocational or a professional institution . This definition also includes child day care facilities utilized at a school location which are licensed by the State Department of Social Services and the City of Burbank.

This definition does not include School- Trade/Vocational.

SCHOOL—TRADE/VOCATIONAL: Means an establishment or facility used as an institution of learning that provides specialized training and education in various trades and technical fields that may provide a degree in conjunction with certification. These schools focus on practical, hands -on skills that prepare students for specific careers, such as plumbing, electrical, automotive repair, culinary arts, healthcare, and more.

TRADE SCHOOL: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.

52 ATTACHMENT 1 – 13

EXHIBIT B TO ATTACHMENT 1

53 ATTACHMENT 1 – 14
Amendment the Zoning Use List in BMC 10-1-502 under sub-heading Recreation, Education, and Assembly to add “School–Trade/Vocational” as a new use subject to a Conditional Use Permit (CUP) in M-1 (Limited Industrial) and M-2 (General Industrial) zones and continue to allow in other non- residential zones by-right or subject to an AUP, based on the zone or its proximity to residential zones.

The new use and permissibility are Bold and underlined.

54 ATTACHMENT 1 – 15

EXHIBIT C TO ATTACHMENT 1

55 ATTACHMENT 1 – 16
Amendments to BMC Section 10-1-1408 (Spaces Required) to establish a parking standard for the SCHOOL–TRADE/VOCATIONAL use.

Parking standard addition is Bold and underline. Deletions are marked in strikethrough:

DIVISION 2. PARKING REQUIREMENTS
10-1-1408: SPACES REQUIRED:

The following off-street parking spaces shall be provided:

Uses Parking Spaces Requires

1. Residential Uses: As provided for each residential zone in Article 6 of this chapter.

2. Commercial Uses Outside of
Central Business District
Downtown Parking Area:

(a) Banks and savings and loan
institutions
4 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(b) Bowling Alleys 4 spaces for each bowling lane.
(c) Gymnasiums and health
studios
6 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(d) Offices - General 3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(e) Offices - Medical 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(f) Mortuaries and funeral
homes
1 space for every 3 fixed seats and 1 space
for each 21 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
(g) Places of public assembly1,
banquet facilities, exhibition
halls, theaters, and
convention halls
1 space for every 5 fixed seats and 1 space
for each 28.6 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
56 ATTACHMENT 1 – 17
Uses Parking Spaces Requires
(h) Restaurant with full service,
fast service2; cocktail
lounge/bar
10 spaces for each 1,000 sq. ft. of adjusted
gross floor area.

3.3 spaces for each 1,000 sq. ft. of adjusted
gross floor area with an Administrative Use
Permit.
(i) Restaurants, cafes, cocktail
lounges and bars, which are
an integral part of a hotel or
motel
5 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(j) General - retail 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(k) Shopping centers 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(l) Mini-malls 10 spaces for each 1,000 sq. ft. of adjusted gross floor area, or 1 space for each 100 sq.
ft. of adjusted gross floor area. (Conditional
Use Permit may reduce up to 50 percent
required parking).
(m) Museum 1 space for each 300 sq. ft. of exhibit area and 1 space for every 5 seats, depending
on the exact nature of the museum.
(n) Arcades/billiard parlors 5 spaces for each 1000 sq. ft. of adjusted gross floor area. (Additional parking spaces
are required pursuant to Section10-1-
1405.5)
(o) Personal or Physical Arts
Studio, Rehearsal Studio

(less than 1,500 sq. ft.) 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(1,500 sq. ft. to 2,500) 4 spaces for each 1,000 sq. ft. of adjusted gross floor area.
57 ATTACHMENT 1 – 18
Uses Parking Spaces Requires
(greater than 2,500 sq. ft.) 6 spaces for each 1,000 sq. ft. of adjusted gross floor area.

3. Commercial Uses Inside the
Central Business District
Downtown Parking Area:

4. Industrial Uses:
(a) Manufacturing and industrial
and wholesale trade.
1 space for each 500 sq. ft. of adjusted
gross floor area.
(b) Warehouses and buildings
used in whole or in part for
storage purposes.
1 space for each 1,000 sq. ft. of adjusted
gross floor area.

5. Other Uses:
(a) Convalescent homes 5 spaces for every 12 beds or fraction thereof.
(b) Hospitals Conditional Use Permit.
(c) Clubs 1 space guest room.
(d) Hotels and motels 1 space for each room.
(e) Automotive repair shops 3 spaces for each bay or 1 space for each 250 sq. ft. of adjusted gross floor area,
whichever is greater. Service bays shall not
be counted as required spaces.
(f) Child Day Care Facilities 1 space for every 8 children and 1 space for each State Department of Social Services
required employee.
(g) School–Trade/Vocational 1 space per student. Reductions to this parking rate may be granted, subject to
the Conditional Use Permit (CUP)
process as specified in BMC Section 10-
1-1934 et. seq. or the applicable
discretionary review application required
58 ATTACHMENT 1 – 19
Uses Parking Spaces Requires
for the use. The applicant shall provide a
parking study prepared by a qualified
professional to justify the reduced
parking rate. Updates to previously
approved parking reductions may be
granted under a CUP/AUP Minor
Modification, subject to the
consideration of a parking study
prepared by a qualified professional to
justify the reduced parking rate.
(g)
(h)
Sober Living Facility 1 on-site parking space for every 3 residents and 1 additional on-site parking
space for each on-site resident manager
and 1 space for each 28.6 square feet of
meeting area used for assembly purposes if
meetings area used for assembly purposes
if meetings are held involving persons other
than residents of the facility.
(h)
(i)
Massage Parlors 5 spaces for each 1,000 feet of adjusted gross floor area
(i)
(j)
Adult businesses As specified in Section 10-1-1120
(j)
(k)
Designated Media-Related
Uses within 150 Feet of
Residentially-Zone Property:

(i) Film and Sound Editing 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(ii) Studio - Art and
Graphic Arts

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(iii) Studio - Broadcasting 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(iv) Studio - Recording
59 ATTACHMENT 1 – 20
Uses Parking Spaces Requires
(v) Video, Audio, Film
Duplication

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vi) Video, Audio, Film
Storage/Vault

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vii) Foley Stage (Sound
Effects)

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(viii) Film/TV sound mixing -
no seating area

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(ix) Motion Picture Studio 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(x) Rehearsal Studios - no
recording equipment
Conditional Use Permit3
(xi) Sound Stages Conditional Use Permit3
(k)
(l)
Uses not specified Conditional Use Permit3
To be determined by the Planning
Commission based upon comparable
requirements for specified uses.
1 Places of Public Assembly shall include the following: a music recording studio with more than 1000 sq. ft. of adjusted gross floor area per single room of recording area; a mixing studio with more than 1000 sq. ft. of adjusted gross floor area per single room of recording area; a music scoring stage/room with more than 1000 sq. ft. of adjusted gross floor area; a voice over/ADR (Automated Dialog Replacement) stage larger than 600 sq. ft. of adjusted gross floor area; voice audition/casting room or office; any single recording room/space larger than 1000 sq. ft. of adjusted gross floor area; a film/tv mixing stage with more than ten (10) fixed audience seats, and; a screening room larger than 300 sq. ft. of adjusted gross floor area, or with more than ten (10) fixed seats.
2 Restaurant uses up to 2,000 square feet in gross floor area may locate in a space previously occupied by a retail or office tenant without having to provide additional parking with approval of an Administrative use Permit (AUP).
3 For portion of use utilized as “place of public assembly,” use must meet parking requirement for places of public assembly set forth in this section. [Amended by Ord. 22- 3,983, eff. 12/16/22; Formerly numbered Section 31-165; 3776, 3568, 3557, 3537, 3491, 3464, 3457, 3400, 3316, 3298, 3284, 3109, 3058, 2829, 2698, 2599, 2193.]
60 1
Eff.: 01-16-2026 ORDINANCE NO. 25-4,036

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF

THE BURBANK MUNICIPAL CODE TO ESTABLISH
SCHOOL–TRADE/VOCATIONAL AS A NEW USE ALONG
WITH RELATED REGULATIONS, ALLOW THE USE IN M -1
(LIMITED INDUSTRIAL) AND M-2 (GENERAL INDUSTRIAL)

ZONES, AND TO CLARIFY THE PERMISSIBILITY OF THE

USE IN OTHER NON-RESIDENTIAL ZONES

(PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT)

City Attorney’s Synopsis

This Ordinance amends Burbank Municipal Code (BMC), Title 10 (Zoning Regulations), Chapter 1, Zoning to Establish “School–Trade/Vocational” as a new use along with related regulations, allows the use in M-1 (Limited Industrial) and M-2 (General Industrial) zones, establishes parking standards for the use, and clarifies the permissibility of the use in all other non-residential zones.

THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:

C. Whereas the City of Burbank identified the City’s industrial zones as having ideal parcels and characteristics to accommodate trade/vocational school tenants.

D. Whereas the Burbank Municipal Code (“BMC”) currently includes a “Trade School” definition at Section 10-1-203, the use is not separately listed in the Zoning Use List at Section 10- 1-502. At the same time , t he BMC’s definition of “School” broadly includes vocational and professional schools, so trade schools are included by default under the “School –Public or Private” use. T he use is currently prohibited in industrial zones.

Therefore, the Community Development Department determined that amendments to the 61 25-4,036
2 BMC are required to : (1) allow the City to better align with the 2024- 2028 Economic Development Strategic Plan, which identifies Higher Education, including trade/vocational school types, as a key emerging sector ; and (2) provide clearer regulatory guidance to enable the City to accommodate vocational/professional schools in appropriate locations while maintaining compatibility with surrounding uses.

F. On October 13, 2025, the Planning Commission held a duly noticed public hearing on the proposed ZTA and associated Ordinance (Project No. 2 5-0004932).

J. The Planning Commission f ound the proposed ZTA and associated Ordinance consistent with the City Council’s 2025- 2026 Economic Development City Goal, to “diversify economic base and retain and attract businesses.”

K. Whereas, following the Planning Commission’s deliberation, the ZTA and associated Ordinance were updated to: (1) c larify that trade/vocational schools will be allowed in several other non- residential zones so that existing permissibility is carried over for the new use, (2) remove an existing “Trade School” definition, which is no longer necessary since the new definition “School–Trade/Vocational “ will encompass it. These revisions have been included in the exhibits A and B to the proposed Ordinance.

L. On December 9, 2025, the City Council at its regular meeting, held a public hearing on Project No. 25 -0004932, an Ordinance to adopt the Zone Text Amendment amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to establish School– 62 25-4,036
3 Trade/Vocational as a new use along with related regulations, allow the use in M -1 (Limited Industrial) and M -2 (General Industrial) Zones, and clarify the permissibility of the use in other non-residential zones (“Ordinance”).

M. Said hearing was property noticed in accordance with the provisions of BMC Section 10-1-1994.

1. The addition of the new use will be in accord with the purposes of the zones in which it is proposed to be listed.

2. The proposed use is compatible with and has the same basic characteristics as the other permitted uses.

Meeting Hall (Planning Policy #502-1) and Personal or Physical Arts Studios.

Additionally, the introduction of a “School–Trade/Vocational” use to industrial zones will offer training and certification for skills that may be in demand by surrounding businesses. The Burbank2035 General Plan includes goals and policies that encourage a diverse range of uses throughout the City. Therefore, 63 25-4,036
4 the proposed use is compatible with and has the same basic characteristics as other permitted uses currently allowed in the M -1 and M -2 zones and will continue to be compatible with uses in the other non-residential zones.

3. The proposed use can be expected to conform with the required conditions for the zone.

4. The proposed use will not be detrimental to the public health, safety or welfare.

5. The proposed use will not adversely affect the character of the zone.

Trade/vocational schools are already permitted either by-right or under an AUP, in most of the non-residential zones and were thus deemed compatible within these zones. The proposed Ordinance extends the use to the industrial zones. 64 25-4,036
5 The M-1 and M-2 zones currently allow for a variety of uses including, but not limited to warehouse, manufacturing, lodging, retail and service, recreational, professional office, and media supporting uses. Additionally, the Burbank2035 General Plan includes Land Use Element goals and policies to promote diverse land uses in these areas, which include the Golden State Commercial/Industrial and North Victory Commercial/Industrial land use designations. This Ordinance will clarify that trade/vocational schools are allowed in the majority of non- residential zones and will also facilitate new opportunities for specialized skill training and certification that can support businesses in the industrial zones in a manner consistent with the 2024- 2028 Economic Development Strategic Plan and the 2025- 2026 City Council Economic Development Goals focused on diversification of the economic base and retention and attraction of new businesses that support local industries . Therefore, the proposed use will continue to be compatible with other non- residential zones where the use is already permitted and will be compatible with existing uses permitted in the industrial zones and thus will not adversely affect the character of any of the non-residential zones where the use will be permitted.

6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.

Should a specific school subj ect to an AUP or CUP result in additional traffic volume, this site -specific impact shall be reviewed and considered under the entitlement review process.

65 25-4,036
6 7. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.

8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.

9. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.

66 25-4,036
7 The inclusion of the “School–Trade/Vocational” use in the Zoning Use List will provide clarity on the permissibility of the use now conditionally permitted in M- 1 and M -2 zones. The additional permitted zones allow for specialized work - based training and education in the City’s workforce areas helping to bolster and expand the economic base by creating schools for specific trades, which can in turn help retain and attract new businesses to the City. The proposed Ordinance requires that all new “ School–Trade/Vocational” uses comply with relevant development standards and discretionary review process, if required.

For those subject to a discretionary application, the process adds a layer of review that considers compatibility with surrounding properties as a required finding for approval. Moreover, the proposed Ordinance will further diversify land uses permitted in the industrial zones, which can help make the properties in these areas more viable as trade and vocational school sites to support existing and new businesses consistent with the City’s Economic Development Strategies and City Council Economic Goals. Therefore, addi ng trade/vocational school as a separate use and exten ding permissibility to industrial zones is not anticipated to cause substantial injury to the values of property in which it is proposed to be listed or in any abutting zone.

• Land Use Element of the Burbank2035 General Plan:

o Goal 6: Economic Vitality and Diversity: Burbank has a healthy and diverse economy and provides for a full range of retail, commercial, office, and industrial uses.

Businesses contribute to community character and
economic vitality by supporting neighborhood,
community, and regional needs and providing diverse
employment options.

o Policy 6.1 of Goal 6: Recruit and attract new businesses.

Use these businesses to act as catalysts to attract other businesses. Continue to utilize public ‐private
partnerships and other incentives to enhance economic
vitality.

o Policy 12.3 : Ensure that a balanced mix of commercial and industrial uses is provided in the Golden State
Commercial/Industrial area.

• Burbank 2024-2028 Economic Development Strategic Plan:
67 25-4,036
8 o Goal 4: Retain and expand Burbank’s leading and emerging industries to balance the future economy.

• 2025-2026 Economic Development City Council Goal:

o Diversify economic base and retain and attract businesses.

The addition of professional schools in M -1 and M -2 industrial zones will facilitate the creation of a pipeline of trained workers for surrounding skill -based employers.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

Section 1. Findings. All findings set forth above are true and correct and incorporated herein as if restated in their entirety.

Section 2. Amendment to Burbank Municipal Code (“BMC”) Section 10-1-203 (Definitions). BMC Section 10-1-203 is hereby amended to include the following changes: (1) revise the “SCHOOL” definition to remove reference to a vocational and professional school, (2) remove the “TRADE SCHOOL” definition, and (3) add “SCHOOL–TRADE/VOCATIONAL ” definition that will include a variety of vocational schools, as shown in Exhibit A to this Ordinance, attached and incorporated herein.

Section 5. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other 68 25-4,036
9 provisions, sections, or applications of the Ordinance, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.

Section 6. Environmental Assessment . This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). The activity is covered by the “common-sense” exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines § 15061(b)(3)). Furthermore, pursuant to CEQA Guidelines Section 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment but instead involves administrative and procedural updates to the BMC. The Ordinance does not effectuate any approvals of the use on a particular site. The City Planner shall file a Notice of Exemption with the Los Angeles County Clerk and the State Clearinghouse, within 5 days of the City Council’s approval.

Section 7. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.

PASSED AND ADOPTED this 16th day of December 2025.

_s/Tamala Takahashi _________
Tamala Takahashi
Mayor

Approved as to Form:

Attest: Office of the City Attorney

_s/Kimberley Clark_____________ By:_s/Jill Vander Borght________ Kimberley Clark, City Clerk Jill Vander Borght Chief Assistant City Attorney

69 25-4,036
10 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 25 -4,036 was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 16th day of December 2025, by the following vote:

AYES: Anthony, Perez, Rizzotti, Mullins, and Takahashi.

NOES: None.

ABSENT: None.

I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its December 16, 2025, 2025 adoption.

_s/Kimberley Clark____________
Kimberley Clark, City Clerk

70 25-4,036
11 EXHIBIT A TO ATTACHMENT 1
71 25-4,036
12 Amendments to Burbank Municipal Code Section 10-1-203 (Definitions) to amend the existing definition of “SCHOOL” to remove reference to vocational and professional schools, establish a new definition for “SCHOOL– TRADE/VOCATIONAL” that will include a broad variety of vocational schools, and remove the “TRADE SCHOOL” definition.

Revisions are Bold and underlined and deletions are marked in strikethrough:

This definition does not include School- Trade/Vocational.

TRADE SCHOOL: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.

72 25-4,036
13 EXHIBIT B TO ATTACHMENT 1

73 25-4,036
14 Amendment the Zoning Use List in BMC 10-1-502 under sub-heading Recreation, Education, and Assembly to add “School–Trade/Vocational” as a new use subject to a Conditional Use Permit (CUP) in M-1 (Limited Industrial) and M-2 (General Industrial) zones and continue to allow in other non- residential zones by-right or subject to an AUP, based on the zone or its proximity to residential zones.

The new use and permissibility are Bold and underlined.

74 25-4,036
15 EXHIBIT C TO ATTACHMENT 1

75 25-4,036
16 Amendments to BMC Section 10-1-1408 (Spaces Required) to establish a parking standard for the SCHOOL–TRADE/VOCATIONAL use.

Parking standard addition is Bold and underline. Deletions are marked in strikethrough:

DIVISION 2. PARKING REQUIREMENTS
10-1-1408: SPACES REQUIRED:

The following off-street parking spaces shall be provided:

Uses Parking Spaces Requires

1. Residential Uses: As provided for each residential zone in Article 6 of this chapter.

2. Commercial Uses Outside of
Central Business District
Downtown Parking Area:

(a) Banks and savings and loan
institutions
4 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(b) Bowling Alleys 4 spaces for each bowling lane.
(c) Gymnasiums and health
studios
6 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(d) Offices - General 3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(e) Offices - Medical 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(f) Mortuaries and funeral
homes
1 space for every 3 fixed seats and 1 space
for each 21 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
(g) Places of public assembly1,
banquet facilities, exhibition
halls, theaters, and
convention halls
1 space for every 5 fixed seats and 1 space
for each 28.6 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
76 25-4,036
17 Uses Parking Spaces Requires
(h) Restaurant with full service,
fast service2; cocktail
lounge/bar
10 spaces for each 1,000 sq. ft. of adjusted
gross floor area.

(less than 1,500 sq. ft.) 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(1,500 sq. ft. to 2,500) 4 spaces for each 1,000 sq. ft. of adjusted gross floor area.
77 25-4,036
18 Uses Parking Spaces Requires
(greater than 2,500 sq. ft.) 6 spaces for each 1,000 sq. ft. of adjusted gross floor area.

3. Commercial Uses Inside the
Central Business District
Downtown Parking Area:

5. Other Uses:
(a) Convalescent homes 5 spaces for every 12 beds or fraction thereof.
(b) Hospitals Conditional Use Permit.
(c) Clubs 1 space guest room.
(d) Hotels and motels 1 space for each room.
(e) Automotive repair shops 3 spaces for each bay or 1 space for each 250 sq. ft. of adjusted gross floor area,
whichever is greater. Service bays shall not
be counted as required spaces.
(f) Child Day Care Facilities 1 space for every 8 children and 1 space for each State Department of Social Services
required employee.
(g) School–Trade/Vocational 1 space per student. Reductions to this parking rate may be granted, subject to
the Conditional Use Permit (CUP)
process as specified in BMC Section 10-
1-1934 et. seq. or the applicable
discretionary review application required
78 25-4,036
19 Uses Parking Spaces Requires
for the use. The applicant shall provide a
parking study prepared by a qualified
professional to justify the reduced
parking rate. Updates to previously
approved parking reductions may be
granted under a CUP/AUP Minor
Modification, subject to the
consideration of a parking study
prepared by a qualified professional to
justify the reduced parking rate.
(g)
(h)
Sober Living Facility 1 on-site parking space for every 3 residents and 1 additional on-site parking
space for each on-site resident manager
and 1 space for each 28.6 square feet of
meeting area used for assembly purposes if
meetings area used for assembly purposes
if meetings are held involving persons other
than residents of the facility.
(h)
(i)
Massage Parlors 5 spaces for each 1,000 feet of adjusted gross floor area
(i)
(j)
Adult businesses As specified in Section 10-1-1120
(j)
(k)
Designated Media-Related
Uses within 150 Feet of
Residentially-Zone Property:

(i) Film and Sound Editing 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(ii) Studio - Art and
Graphic Arts

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(iii) Studio - Broadcasting 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(iv) Studio - Recording
79 25-4,036
20 Uses Parking Spaces Requires
(v) Video, Audio, Film
Duplication

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vi) Video, Audio, Film
Storage/Vault

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vii) Foley Stage (Sound
Effects)

3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(viii) Film/TV sound mixing -
no seating area

STAFF REPORT
DATE: December 16, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
BY: Katie Picha, Administrative Officer
SUBJECT: Adoption of an Ordinance Establishing Article 10 Use of Gas-Powered Leaf Blowers Prohibited in Chapter 1 Health, Title 4 Health and Sanitation of the Burbank Municipal Code and Amending Section 214 Restrictions on Leaf Blower Operation in Chapter 3, Title 9 of the Burbank Municipal Code

RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1 HEALTH, TITLE 4 HEALTH AND SANITATION OF THE BURBANK MUNICIPAL CODE AND AMENDING SECTION 214 RESTRICTIONS ON LEAF BLOWER OPERATION IN CHAPTER 3, TITLE 9 OF THE BURBANK MUNICIPAL CODE (Attachment 1).

SUMMARY
The above-entitled Ordinance was introduced at a Joint Meeting of the City Council and Burbank Housing Authority on December 9, 2025. Council Members Anthony, Mullins, Rizzotti, Vice Mayor Takahashi, and Mayor Perez were present . The Ordinance establishes Article 10 Use of Gas -Powered Leaf Blowers in Chapter 1 Health, Title 4 Health and Sanitation of the Burbank Municipal Code (BMC). This Ordinance bans the use of gas-powered leaf blowers in the City of Burbank. Additionally, the Ordinance also amends Section 214 Restriction on Leaf Blower Operation in Chapter 3, Title 9 of the BMC. The amendment updates the BMC definition of a leaf blower.

COMMUNITY

DEVELOPMENT
Consent Calendar
Item #4
81 2
Vote at Introduction:

AYES: A
nthony, Mullins, Rizzotti, Takahashi, and Perez.

NOES: None
ABSENT: None
T
his Ordinance is now presented for adoption.

VIRONMENTAL REVIEW
The Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff recommends that the Council find the Ordinance is exempt from review under CEQA (Public Resources Code § 21000 et seq,) pursuant to § 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to C EQA Guidelines § 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physic al change in the environment.

ISCAL IMPACT
Implementing a ban on the use of gas-powered leaf blowers will result in additional costs to the City estimated at $185,720.72 in one -time costs to upgrade/replace the City’s equipment and vehicles with ongoing operating costs. For the City’s large maintenance contracts, it is estimated that the pass -through costs for upgrading equipment, charging infrastructure and multiple batteries needed to complete a day’s work may result in a 15% to 30% increase; for the Citywide Landscape Maintenance Contract overseen by Public Works this could result in additional recurring charges of between $26,000 to $54,000 per year for a standard five- year agreement. These estimates do not include the recurring costs of maintenance and electricity for charging and implementation costs for enforcement measures. The City is eligible to apply for the Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program, which reduces the purchase price of commercial-grade battery electric lawn and garden equipment by up to 85%.

TACHMENT
Attachment 1 – Ordinance
82 ATTACHMENT 1 – 1
ORDINANCE NO.________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-
POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1
HEALTH, TITLE 4 HEALTH AND SANITATION OF THE

BURBANK MUNICIPAL CODE AND AMENDING SECTION
214 RESTRICTIONS ON LEAF BLOWER OPERATION IN
CHAPTER 3 , TITLE 9 OF THE BURBANK MUNICIPAL
CODE

City Attorney’s Synopsis

This Ordinance establishes Article 10 in Title 4, Chapter 1 of the Burbank Municipal Code by prohibiting the use of gas-powered leaf blowers within the City of Burbank. The purpose of this Ordinance is to reduce the City’s emissions of high levels of pollutants which contribute to significant air quality issues and align the City with California’s aim to transition to zero-emission equipment to meet federal air quality standards. Furthermore, this Ordinance will amend Title 9, Chapter 3, Section 214 restrictions on leaf blower operations.

THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:

A. The California Legislature has recognized that gas -powered small off-road engines (SOREs), such as those used in leaf blowers, emit high levels of air pollutants, including oxides of nitrogen, reactive organic gases, and particular matter contributing to the formation of ozone and climate chance.

B. To combat air pollutant emissions, California Assembly Bill 1346 added Health and Safety Code § 43018.11 requiring the California Air Resources Board (CARB) to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new SOREs.

C. CARB updated SORE regulations requiring new engines (Model Year 2024 or later) to be certified and labeled to meet emission standards and other requirements.

Furthermore, the new regulations require all sales of new SOREs, including gas-powered leaf blowers, to be zero- emission. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models.

D. The quality of life in the City of Burbank can be affected by air contamination and noise experienced by those who live, work, and recreate within the City.

E. The City of Burbank desires to protect the health, safety, and welfare of its residences, and the environment through the prohibition of gas -powered leaf blowers City-wide.
83 ATTACHMENT 1 – 2
F. The City Council exercises its independent judgement and finds that this Ordinance is exempt from review under the California Environmental Quality Ac t (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines S ection 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. The above findings are true and correct and are hereby incorporated by reference.

2. Title 4, Chapter 1, Article 10 of the Burbank Municipal Code is hereby established to read as follows:

“ARTICLE 10. USE OF GAS-POWERED LEAF BLOWERS PROHIBITED

4-1-1001: DEFINITIONS

GAS-POWERED LEAF BLOWER: means any machine, powered by a gasoline engine which is used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and any other surfaces.

4-1-1002: PROHIBITION ON THE USE OF GAS-POWERED LEAF BLOWERS WITHIN CITY LIMITS:

Commencing January 1, 2027, it shall be unlawful for any person to operate or authorize the operation of a gas-powered leaf blower at any time for any purpose within the City of Burbank. Notwithstanding the preceding sentence, the person responsible for any violation of this subsection, regardless of ownership of the gas-powered leaf blower, shall be the person responsible for authorizing the work done using a gas-powered leaf blower.

4-1-1003: VIOLATIONS
The following remedies, in addition to any other remedies allowed by law, are available for violations of this Article:

A. Administrative Fine. Any person who violates any provision of this Article may be subject to administrative fines pursuant to BMC 1-1-108.1. 84 ATTACHMENT 1 – 3
B. Infraction. Any person who violates any provision of this Article shall be guilty of an infraction punishable by a fine of not more than one-hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).

4-1-1004: SEVERABILITY:

If any subsection, sentence, clause or phrase of this Article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The Burbank City Council declares that it would have adopted this Article, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.”

3. Title 9, Chapter 3, Article 2, Section 214, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underlined):

“9-3-214. RESTRICTIONS ON LEAF BLOWER OPERATION:

A. Definitions:

LEAF BLOWER: Any machine however powered used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. This definition shall not apply to gas-powered leaf blowers which are prohibited by BMC 4-1-1001 et. al.

PARCEL: An area of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for the purposes of this section.

B. Time Restrictions: No person shall operate a leaf blower within a residential zone or within two hundred feet (200’) of a residential zone between the hours of six o’clock (6:00) P.M. to eight o’clock (8:00) A.M.

C. Duration of Use: No person shall operate any leaf blower within a residential zone or within two hundred feet (200’) of a residential zone for more than fifteen (15) minutes per hour on parcels less than one- half (1/2) acre and no more than thirty (30) minutes per hour on parcels greater than one-half (1/2) acre.

D. Number of Leaf Blowers: No person shall operate more than one leaf blower per parcel within any residential zone or within two hundred feet (200’) of a residential zone.
85 ATTACHMENT 1 – 4
E. Debris Restriction: No person shall operate any leaf blower within the City in such a way as to blow leaves, dirt, and other debris on to adjoining properties and public rights of way and to allow the material to remain there for more than fifteen (15) minutes. [Added by Ord. No. 3122; Formerly Numbered Section 21- 37; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]”

4. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.

5. The City Manager, City Clerk, or their designee, is authorized to execute any action necessary to codify this Ordinance into the Burbank Municipal Code.

6. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California, or as required by applicable law.

PASSED AND ADOPTED this ____ day of ________, 2025.

_ _______________________________
Nikki Perez
Mayor

Attest Approved as to Form
Office of the City Attorney

_____________________________ By: _____________________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney

86 ATTACHMENT 1 – 5

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its ___, 2025 adoption.

______________________________
Kimberley Clark, City Clerk
87 1
Eff.: 01-16-2026 ORDINANCE NO. 25-4,037

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-
POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1
HEALTH, TITLE 4 HEALTH AND SANITATION OF THE

BURBANK MUNICIPAL CODE AND AMENDING SECTION
214 RESTRICTIONS ON LEAF BLOWER OPERATION IN
CHAPTER 3 , TITLE 9 OF THE BURBANK MUNICIPAL
CODE

City Attorney’s Synopsis

THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:

C. CARB updated SORE regulations requiring new engines (Model Year 2024 or later) to be certified and labeled to meet emission standards and other requirements.

Furthermore, the new regulations require all sales of new SOREs, including gas-powered leaf blowers, to be zero -emission. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models.

D. The quality of life in the City of Burbank can be affected by air contamination and noise experienced by those who live, work, and recreate within the City.

E. The City of Burbank desires to protect the health, safety, and welfare of its residences, and the environment through the prohibition of gas -powered leaf blowers City-wide.
88 25-4,037
2 F. The City Council exercises its independent judgement and finds that this Ordinance is exempt from review under the California Environmental Quality Ac t (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines S ection 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. The above findings are true and correct and are hereby incorporated by reference.

2. Title 4, Chapter 1, Article 10 of the Burbank Municipal Code is hereby established to read as follows:

“ARTICLE 10. USE OF GAS-POWERED LEAF BLOWERS PROHIBITED

4-1-1001: DEFINITIONS

GAS-POWERED LEAF BLOWER: means any machine, powered by a gasoline engine which is used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and any other surfaces.

4-1-1002: PROHIBITION ON THE USE OF GAS-POWERED LEAF BLOWERS WITHIN CITY LIMITS:

4-1-1003: VIOLATIONS

The following remedies, in addition to any other remedies allowed by law, are available for violations of this Article:

A. Administrative Fine. Any person who violates any provision of this Article may be subject to administrative fines pursuant to BMC 1-1-108.1.

89 25-4,037
3 B. Infraction. Any person who violates any provision of this Article shall be guilty of an infraction punishable by a fine of not more than one-hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).

4-1-1004: SEVERABILITY:

3. Title 9, Chapter 3, Article 2, Section 214, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underlined):

“9-3-214. RESTRICTIONS ON LEAF BLOWER OPERATION:

A. Definitions:

D. Number of Leaf Blowers: No person shall operate more than one leaf blower per parcel within any residential zone or within two hundred feet (200’) of a residential zone.
90 25-4,037
4 E. Debris Restriction: No person shall operate any leaf blower within the City in such a way as to blow leaves, dirt, and other debris on to adjoining properties and public rights of way and to allow the material to remain there for more than fifteen (15) minutes. [Added by Ord. No. 3122; Formerly Numbered Section 21- 37; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]”

4. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.

5. The City Manager, City Clerk, or their designee, is authorized to execute any action necessary to codify this Ordinance into the Burbank Municipal Code.

PASSED AND ADOPTED this 16th day of December 2025.

_ s/Tamala Takahashi_________
Tamala Takahashi
Mayor

Approved as to Form
Attest: Office of the City Attorney

_s/Kimberley Clark___________ By: _ s/Ray Johal_____________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney

91 25-4,037
5 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 25-4,037 was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 16th day of December 2025, by the following vote:

AYES: Anthony, Perez, Rizzotti, Mullins, and Takahashi.

NOES: None.

ABSENT: None.

_s/Kimberley Clark____________
Kimberley Clark, City Clerk
92 1

STAFF REPORT
DATE
: December 16, 2025
TO: J
ustin Hess, City Manager
FR
OM: Patrick Prescott, Community Development Director
VIA: David Kriske, Assistant Community Development Director – Transportation
BY: Nick Burant, Senior Administrative Analyst
SUBJ
ECT: Adoption of a Resolution Making Findings Regarding the Continuing Need for Unexpended Balances of Development Impact Fees and Review of Development Impact Fee Funds as of June 30, 2025
RECO

MMENDATION

1. Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MAKING

FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED
BALANCES OF IMPACT FEES AS OF JUNE 30, 2025; and

2. Note and file Review of Development Impact Fee Funds as of June 30, 2025.

BACKGRO
UND
The purpose of this report is to provide the State- required annual summary of revenues and expenditures of the City of Burbank’s Development Impact Fee (DIF) funds, and to adopt findings that demonstrate the City’s continuing need to collect DIFs to fund infrastructure that supports new development . Under the California Mitigation Fee Act (Assembly Bill (AB) 1600), cities and counties have the authority to implement DIFs. This allows cities and counties to collect funds from new development projects to cover public infrastructure, facilities, improvements, service, and community amenity costs related to the new development’s proportionate share of impact on those faciliti es. DIFs a re prohibited from funding operation and maintenance and cannot be collected or used to cover existing capital or infrastructure deficiencies.

COMMUNITY

DEVELOPMENT
Consent Calendar
Item #5
93 2
The City currently imposes DIFs on all new residential and nonresidential development to fund transportation projects and certain community facilities (including Parks and Recreation, Police, Library, Fire, and Information Technology) that are needed to offset impacts caused by new development. The City collects DIFs at the time building permits are issued. These funds are then held in a DIF fund to be used to construct the necessary improvements in the future. The currently adopted DIFs are listed in the Fiscal Year (FY) 2024-2025 DIF Fee Schedule (Attachment 2); the list of project categories eligible for DIF funding are listed below in Table 1.

T
able 1: DIF Categories
Category Improvements
Police • Capital facilities and equipment (e.g., equipment) necessary to accommodate growth
Fire • Capital facilities and equipment (e.g., vehicles) necessary to accommodate growth
Library • Capital facilities and improvements necessary to accommodate growth
Parks and Recreation • Park and recreation facility improvements necessary to accommodate growth
Transportation • Additions and improvements to the City’s transportation infrastructure to accommodate future
traffic volumes, including infrastructure supporting
vehicle, transit, pedestrian, and bicycle modes
Information Technology • Information Technology infrastructure and systems necessary to accommodate growth
S
ince the implementation of the City’s DIF program, expenditures have been contributed to the funding of various important capital projects, including:
• Picnic Facility Improvements at McCambridge Park;
• Picnic Facility Improvements at Verdugo Park
• Central Library Children’s and Teens’ Areas;
• Buena Vista Library improvements;
• Library operating equipment;
• Police and Fire Headquarters building;
• Intersection Improvements;
• Interstate 5 / Empire Interchange;
• Burbank Channel Bikeway
• McCambridge Ballfield Light Modernization; and
• Brace Canyon Park Ballfield
T
he City’s DIF program has been instrumental in ensuring that the City’s transportation system and community facilities grow in concert with the new development that impacts 94 3
these facilities. In addition, for several of the projects (particularly transportation projects), DIF provided local funding leverage to help the City secure much larger grants and other funding assistance for projects. It should be noted that certain categories of infrastructure improvements, like water, sewer, storm drain, and electrical system improvements, are not funded by DIFs but instead are funded through other user fees and funding programs.

With the update of the Burbank2035 General Plan, Citywide Complete Our Streets Plan, and the City’s recent housing policies, the Council approved an updated DIF program on June 21, 2022, which increased fee levels, added an additional fee category for Information Technology, and expanded the application of transportation fees to housing development projects. The purpose of the updated DIF program is to continue to ensure that new development pays its fair share of the new facilities and infrastructure necessary to accommodate impacts resulting from that new development. The updated DIF program also created a tiered system to incentivize affordable housing production. The tiered system helps set the appropriate DIF levels that strike the balance between requiring new development to contribute toward their impacts on needed infrastructure while at the same time supporting other City goals required to build and protect neighborhoods

DISCUSSION
State law requires that the City periodically provide reports and make findings to support the ongoing implementation of the current fee program. These requirements include 1) an annual report of receipts, expenditures, and status of DIF funds, and 2) adoption of findings every five years providing specific information about certain fund balances.

Annual Report
Under AB 1600, Government Code Section 66006 requires the City to produce an annual report on the status of each development impact fee account or fund (Attachment 2).

Funds collected through the DIF program are deposited into separate accounts and tracked for each facility type or use (Police, Fire, Parks, Libraries, Information Technology, Transportation, and Administration). Table 2 provides a summary of the beginning balance of each fund category, the amount of fees collected, and interest earned for FY 2024-2025 covered by this annual report. Additionally, the summary shows the ending fund balances available in each category that are not earmarked towards specific projects or uses.

A
s of June 2025, the DIF accounts had a total cash balance of approximately $28 million.

However, about 57% of this cash balance is tied to projects in progress or planned through the five-year Capital Improvement Program (CIP) approved by the City Council as part of the City’s adopted budget, including those listed in Table 4. Considering pending payments and anticipated grant reimbursements, the total ending balance in FY 2024-2025 was $16 million. At this time, all fees being collected pursuant to the DIF Program have been earmarked for current or future capital projects necessary to maintain the current levels of service to serve new development. 95 4
T
able 2: FY 2024-2025 DIF Beginning Balances, Revenues, and Ending Balances I
n FY 2024- 2025, each department used DIF to fund infrastructure and facility improvements needed to accommodate growth and maintain public service standards.

Table 3 lists only the projects that spent DIF funds in FY 2024-2025 and each project’s total expenditures to-date (including the percentage of the project expenditures paid with DIFs). Those projects partially budgeted with DIF funds were supported by additional sources, including City and grant funds. During FY 2024-2025, no interfund transfers or loans were made from the DIF accounts and no DIF refunds or re-allocations were made pursuant to Government Code 66001.

T
able 3: Public Improvement Projects with FY 2024-2025 DIF Expenditures Project Total Project
Expenditures as of
June 2025
Percent
DIF
GSSP/HSR Station Area Plan1 $ 1,132,362.91 76%
Downtown Burbank TOD Plan1 $ 119,906.16 10%
San Fernando Connector/Empire2 $ 6,392,871.39 100%
San Fernando Bikeway1 $ 1,846,341.12 97%
1 These projects are partially or fully grant-funded and fronted with DIF funds. The DIF-Funded % will be fully reimbursed by the grant less local match, if applicable.
2 This project is the local contribution to the $355 million Interstate- 5 North/Empire Interchange Project. A portion of the DIF funding is reimbursed by Caltrans.

Transportation CDD
Admin Fire Police IT Library Parks Total
Beginning
Balance $17,594,579 $436,733 $378,216 $986,496 $61,028 $2,013,783 $3,657,540 $25,128,375 DIF Collected $979,076 $70,490 $47,029 $35,847 $42,381 $176,556 $260,632 $1,612,011 Interest
Collected $1,116,937 $14,964 $12,519 $27,522 $2,632 $66,375 $121,101 $1,362,049 Rental Revenue $61,168 $- $- $- $- $- $- $61,168 Market-Value
Adjustment $3,379,698 $311 $- $- $- $- $- $3,380,010 Expenditures $1,945,063 $- $52,910 $391,925 $- $54,580 $107,708 $2,552,187 AP and AR
Adjustments $(959,482)
Cash Balance $20,226,913 $522,498 $384,853 $657,941 $106,041 $2,202,133 $3,931,566 $28,031,945 Funds
Encumbered to
Projects
$(11,357,432) $- (342,500) $(907,320) $- $(52,276) $(3,505,005) (16,164,533) Pending
Payments $51,858 $- $- $- $- $388 $25,083 $77,329 Pending
Revenue/Grant
Reimbursements
$(3,148,409) $- $- $- $- $- $(3,451) $(3,151,860) Ending Balance $12,386,586 $522,498 $95,263 $142,546 $106,041 $2,204,824 $555,901 $16,013,661 96 5
Interstate 5 Mitigation - Empire
Interchange1
$ 574,426.35 100%
Chandler Bikeway Extension1 $ 107,270.64 100%
FS 11 Kitchen Modern FAC $ 52,910.00 97%
Police/Fire HQ Flooring FAC $ 385,030.13 59%
Jail Door Access Control $ 31,795.01 56%
PD HQ Fire11 Surveillance Sys $ 2,134.93 100%
McCambridge Playground Replacement $ 71,250.00 4%
Library Operating Equipment $ 54,580.21 100%
George Izay Park Master Plan $ 192,553.17 73%
Of th
e FY 2024- 2025 CIP projects fully or partially budgeted with DIF funds, Table 4 identifies those completely financed projects that do not anticipate requiring additional DIFs and provides each project’s approximate construction start dates.

T
able 4: FY 2024-2025 CIP Projects and Approximate Construction Start Dates Project Approximate Construction Date3
San Fernando Connector/Empire FY 2014-2015
San Fernando Bikeway FY 2025-2026
Police/Fire Headquarters Flooring FY 2022-2023
Interstate-5 Mitigation Empire Interchange FY 2014-2015 Chandler Bikeway Extension FY 2026-2027
First Street Bike Lane FY 2025-2026
Rancho Providencia NPP4 No Date
Jail Door Access Control FY 2023-2024
First Street Village Soundwall5 FY 2025-2026
Police Headquarters and Fire Station 11 Facility
Surveillance Video Storage FY 2023-2024
Fire Station 11 Kitchen Modern FAC FY 2023-2024
Brace Canyon Park Ballfield FY 2024-2025
Dick Clark Dog Park FY 2023-2024
First Street Pocket Park FY 2024-2025
McCambridge Park Pool Replacement FY 2026-2027
Glenoaks and First Signal Improvements FY 2023-2024
Olive Bridge Replacement FY 2035-2036
S
tate law and the City’s Municipal Code requires the information presented above be made publicly available at least 15 days prior to the regular City Council meeting at which the item will be reviewed. A memorandum (Attachment 2 ) containing the required information pursuant to Government Code Section 66006 was available for public review at the City Clerk’s Office and on the City website on December 1, 2025. 3 Projects with dates that have passed are in construction. 4 This project is a planning effort to support future minor improvements in the Rancho Providencia Neighborhood. 5 This project was cancelled, and no DIF funds were expended on this project. 97 6
Five-Year Report
In addition to the annual report, the City is required to make findings every five years with respect to unexpended funds, identifying the purpose to which the fee is to be used and demonstrating a reasonable relationship between the fee and the purpose for which it was charged.

T
he Parks, Library, Fire, Police, and Administration sub-funds each have DIFs collected over five years ago that remain unexpended. As a result, the attached resolution, which is presented to Council for adoption, makes the following required findings with respect to these unexpended funds:

1. Identify the purpose to which the fee is to be put.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticipated to complete financing incomplete improvements.

4. Designate the approximate dates on which the funding identified in number 3 is expected to be deposited into the appropriate account or fund.

A
lthough the Transportation Improvement sub-fund has no funds approaching five years old, a significant portion of the sub-fund balance includes grant reimbursements that are the result of the City’s ability to leverage Transportation Improvement Fees to secure third-party grant funding for transportation projects. While not required by the Mitigation Fee Act, the proposed Resolution (Attachment 1) makes findings reaffirming the purpose and continuing need for these Transportation Improvement Fee revenues.

A
lthough the IT sub-fund has no funds approaching five years old, as the IT sub- fund is less than five years old, the proposed Resolution makes findings reaffirming the purpose and continuing need for these IT Fee revenues. In general, cost of projects included in the CIP adopted by Council and additional long- term projects identified in the Burbank2035 General Plan exceed the DIF unspent fund balances. Thus, the Council’s adoption of the CIP and the support of projects included in the Burbank2035 General Plan demonstrates the continuing need for these development impact fee funds. The proposed Resolution makes the above findings regarding the continuing need for unexpended balances of impact fees as of June 30, 202 5, and helps the City satisfy its obligations under the Mitigation Fee Act.

ENVIRONMENTAL REVIEW
This staff report has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to Section 15378 of Title 14 of the California Code of Regulations. This staff report is for informational purposes regarding an annual and five- year accounting of the 98 7
City’s DIF funds and provides information necessary to support findings relating to the continuing need for the City’s development impact fees . Affirming the need for these development impact fees will not have any effects on the capital improvement projects they are funding. Furthermore, individual c apital projects funded with DIFs will be preceded by required environmental analysis for that project pursuant to CEQA.

FISCAL IMPACT
Receiving the information contained in this report has no fiscal impact, as impact fee revenues and expenditures have already been approved as part of the City’s budget.

Reporting of this information satisfies the regulatory requirements for the City to continue to impose DIFs on new development. Adopting the resolution also will have no fiscal impact. Council must make the required findings under AB 1600 to continue collecting fees under the DIF program.

CONCLUSION
The City’s DIF program has helped fund important City infrastructure to accommodate growth from new development, which ultimately supports the Council’s efforts to build better neighborhoods that can integrate new development while preserving the City’s existing character. The information contained in this report demonstrates the City’s current use of DIF funds and the continued need for impact fee funding per the requirements of the Mitigation Fee Act. Staff recommends that Council receive this annual report in compliance with State codes governing impact fees and adopt the proposed Resolution.

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – FY 2024-2025 DIF Program Annual Report – Review of DIF Funds Memorandum for Public Review, posted December 1, 2025
99 ATTACHMENT 1 – 1

RESOLUTION NO. ______________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK MAKING FINDINGS REGARDING THE

CONTINUING NEED FOR UNEXPENDED BALANCES OF
IMPACT FEES AS OF JUNE 30, 2025

THE COUNCIL OF THE CITY OF BURBANK FINDS:

A. Government Code Sections 66000 and following (commonly known as and referenced to herein as “AB1600”) regulate the imposition, collections, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities.

B. The City of Burbank has identified seven (7) impact fees collected from developers that are subject to AB1600’s requirements. Those fees are the Transportation Improvement Fees, Library Fees, Park and Recreation Fees, Police Fees , Fire Fees, Information Technology (“IT”) Fees, and Development Administration Surcharge Fees.

C. In accordance with the provisions of AB1600, the City has set up separate special revenue funds for each type of fee (individually referred to herein as the “Transportation Improvement Subfund,” “Library Subfund,” “Park and Recreation Subfund,” “Police Subfund,” “Fire Subfund,” “IT Subfund,” and “Administration Subfund,” and collectively referred to as the “Subfunds” ), crediting earned interest to those funds, and spending the accumulated fees and related interest on appropriate expenditures.

D. AB1600 and the Burbank Municipal Code (“BMC”) requires the City to make specific findings every five years with respect to any portion of the fees remaining unexpended to: 1) identify the purpose to which the fee is to be put; 2) demonstrate a reasonable relationship between the fee and the purpose for which it was charged; 3) identify all sources and amounts of funding anticipated to complete financing of the improvement; and 4) designate the approximate date on which such funding will be available.

E. The findings required by AB 1600 and the BMC need only be made for money in possession of the City, and not for letters of credit, bonds or other instruments taken to secure payment of the fees at a future date.

F. Five of the City’s seven Subfunds contain fees that remain unexpended five or more years after deposit of such fees.

G. The portions of the fund balance in the Library Subfund that are approaching five (5) years totals $448,613.63 (“Unexpended Library Fees”).

100

ATTACHMENT 1 – 2

H. The portions of the fund balance in the Park and Recreation Subfund that are approaching five (5) years totals $416,206.13 (“Unexpended Park and Recreation Fees”).

I. The portions of the fund balance in the Administration Subfund that are approaching five (5) years totals $128,920.78 (“Unexpended Administration Fees”).

J. The portions of the fund balance in the Fire Subfund that are approaching five (5) years totals $14,497.82 (“Unexpended Fire Fees”).

K. The portions of the fund balance in the Police Subfund that are approaching five (5) years totals $79,648.95 (“Unexpended Police Fees”).

L. Finally, Transportation Improvement F ees have provided local funding leverage to help the City secure much larger grants and other funding assistance for transportation projects, by enabling the City to spend revenues from the Transportation Improvement Subfund and receive various grant reimbursement s upon project completion. Therefore, no portion of the Transportation Improvement Subfund balance totaling $12,386,586.35 approaches five (5) years because funds have been spent on a regular basis for qualifying projects.

THE COUNCIL OF THE CITY OF BURBANK RESOLVES:

1. The Council makes the following findings for the Unexpended Library Fees:

A. As authorized under BMC Title 10, Chapter 1, A rticle 22, Division 3 (beginning with BMC §10-1-2224), the City has collected a development fee known as the Library Fee (“Library Fee”), which is a sub- fee within the Community Facilities – Non-Transportation Related Fee, for the purpose of assuring that the level of service goals of the City as set forth in the “ Burbank Development Impact Fee Nexus Study (2022)” (“DIF Nexus Study ”) are met with respect to the additional demands placed on library space generated from such development.

B. A reasonable relationship exists between the Library Fees and the purpose for which they were collected, in that the fees were imposed upon all new non-residential and residential development in the City. Those new development projects, according to the DIF Nexus Study , cumulatively generate population growth, which adversely impacts the cost of providing library system resources needed to accommodate the anticipated substantial increase in service population, and requires additional facility square footage and capital improvements to accommodate increases in residential and commercial use. The Unexpended Library Fees will be spent on the projects identified in Table 1 to bring the ratio of library space, books and materials per resident/employee to market conditions as specified in the DIF Nexus Study.

101

ATTACHMENT 1 – 3

C. The current cost estimate for these library projects significantly exceeds the Library Fees expected to be collected. The remaining funds will be obtained from other sources such as City General Fund, City -issued debt, and other local, state, and federal grants, if available.

Table 1: Library Improvements
Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
Replacement
Central Library $165,000,000
$22 million in Municipal
Infrastructure funding, various
library capital and improvement
accounts, the remainder is
unfunded
2029
Additional Library
Materials $40,000/year General Fund Ongoing
RFID System $582,900 Unfunded 2035
Makerspace $699,480 Unfunded 2035

D. The remaining funding for the projects needed to bring the ratio of library space, capital improvements, and library system resources per resident/employee to market conditions is expected to be received by 203 5. The Library Fee continues to be required in order to fund the library-related improvements described in Table 1 above, and the cost of the necessary improvements is to be spread proportionally among the new residential and non- residential users which contribute to the population growth generating the need for the improvements.

2. The Council makes the following findings for the Unexpended Park and Recreation Fees:

A. As authorized under BMC Title 10, Chapter 1, Article 22, Division 3 (beginning with BMC §10-1-2224), the City has collected a development fee known as the Park and Recreation Fee (“Park and Recreation Fee”), which is a sub- fee within the Community Facilities – Non-Transportation Related Fee, for the purpose of assuring that the level of service goals of the City as set forth in the DIF Nexus Study are met with respect to the additional demands placed on parks and recreation space generated from such development.

B. A reasonable relationship exists between the Park and Recreation Fees and the purpose for which they were collected, in that the fees were imposed upon all new non- residential and residential development in the City. Those new development projects, accordi ng to the DIF Nexus Study , cumulatively generate population growth which increases demand for developed park and recreation facilities. The Unexpended Park and Recreation Fees will be spent on the projects 102

ATTACHMENT 1 – 4

identified in Table 2 to provide neighborhood parks, community parks, and renovation of existing parks facilities as specified in the DIF Nexus Study.

C. The current cost estimate for these parks projects significantly exceeds the Park and Recreation Fees expected to be collected. The remaining funds will be obtained from other sources such as Los Angeles County Measure A grants, City General Fund, City Municipal Infrastructure Fund , and other local, state, and federal grants, if available.

Table 2: Park and Recreation Improvements
Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
Brace Canyon
Park Ballfield
Improvements
$5,159,262
$725,000 Los Angeles County
Measure A grant; $94,622 Park
Development Fees, $3,514,640
Municipal Infrastructure Fund
2026
Olive Rec
Center Re-
design
$8,452,500
$8,202,500 City General Fund -
Capital Projects, City Municipal
Infrastructure Fund
2025
George Izay
Park Master
Plan
$1,328,850
$100,000 Park Development
Fees, $78,425 Municipal
Infrastructure Fund
2026
Gross Ballfield
Shade Structure $279,030 2026
McCambridge
Pool
Replacement
$18,200,000 $1,500,000 Grant Funding,
$15,700,000 unfunded 2028
Olive Rec and
Theater
Replacement
$58,639,650
$100,000 Measure A Funds,
$3,529,225 Municipal
Infrastructure Fund,
$53,860,000 unfunded
2030

D. The remaining funding for the neighborhood parks, community parks, and renovation of existing parks facilities is expected to be received by 2030. The Park and Recreation Fee continues to be required in order to fund the parks-related improvements described in Table 2 above, and the cost of the necessary improvements is to be spread proportionally among the new residential and non-residential users which contribute to the population growth generating the need for the improvements.

3. The Council makes the following findings for the Unexpended Administration Fees:

A. As authorized under BMC Title 10, C hapter 1, Article 22, Division 1 (beginning with BMC §10-1-2201), the City has collected a five percent 103

ATTACHMENT 1 – 5

administration fee (“Administration Fee”) on all development impact fees , for the purpose of assisting with the administrative costs incurred by the City to administer the development impact fee program.

B. A reasonable relationship exists between the Administration Fees and the purpose for which they were collected, in that the fees were imposed upon all new non-residential and residential development in the City to offset the related staff time and resources required to administer related development impacts and fees collected pursuant to BMC Title 10, Chapter 1, Article 22. The Unexpended Administration Fees will be spent on future staff time and resources to administer the development impact fee program.

C. The current administrative cost estimate to administer the development impact fee program exceeds the Administration Fees expected to be collected. The administrative costs include staff time and a new development impact fee nexus study, which will be completed when the City finishes three specific plans that are in development. The remaining funds will be obtained from other sources such as the City General Fund.

D. Funding needs for the administrative costs associated with the development impact fee program will be ongoing as long as a development impact fee program is administered within the City . The Administration Fee continues to be required in order to administer the program , and the cost is to be spread proportionally among the new residential and non-residential users who contribute to the population growth generating the need for the development impact fee program.

4. The Council makes the following findings for the Unexpended Fire Fees:

A. As authorized under BMC Title 10, Chapter 1, Article 22, Division 3 (beginning with BMC §10-1-2224), the City has collected a development fee known as the Fire Fee (“Fire Fee”), which is a sub- fee within the Community Facilities – Non-Transportation Related Fee, for the purpose of assuring that the level of service goals of the City as set forth in the DIF Nexus Study are met with respect to the additional demands placed on the Burbank Fire Department generated from such development.

B. A reasonable relationship exists between the Fire Fees and the purpose for which they were collected, in that the fees were imposed upon all new non-residential and residential development in the City. Those new development projects, according to the DIF Nexus Study , cumulatively generate population growth which increases demand for new Fire Department capital equipment a nd facilities. The Fire Fees will be spent on the projects identified in Table 3 to provide new vehicles and associated costs, and new app aratus floors, as specified in the DIF Nexus Study.

104

ATTACHMENT 1 – 6

C. The current cost estimate for these Fire Department projects significantly exceeds the Fire Fees expected to be collected. The remaining funds will be obtained from other sources such as City General Fund, City Municipal Infrastructure Fund, and other local, state, and federal grants, if available.

Table 3: Fire Improvements
Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
Apparatus
Floors $2,192,149 Unfunded 2035
Vehicles $10,294,015 Unfunded 2035

D. The remaining funding for the Fire capital equipment and facilities projects is expected to be received by 2035. The Fire Fee continues to be required in order to fund the Fire Department improvements described in Table 3 above, and the cost of the necessary improvements is to be spread proportionally among the new residential and non- residential users which contribute to the population growth generating the need for the improvements.

5. The Council makes the following findings for the Unexpended Police Fees:

A. As authorized under BMC Title 10, Chapter 1, Article 22, Division 3 (beginning with BMC §10-1-2224), the City has collected a development fee known as the Police Fee (“Police Fee”), which is a sub-fee within the Community Facilities – Non-Transportation Related Fee, for the purpose of assuring that the level of service goals of the City as set forth in the DIF Nexus Study are met with respect to the additional demands placed on the Burbank Police Department generated from such development.

B. A reasonable relationship exists between the Police Fees and the purpose for which they were collected, in that the fees were imposed upon all new non-residential and residential development in the City. Those new development projects, according to the DIF Nexus Study , cumulatively generate population growth which increases demand for Police Department capital equipment and facilities. The Police Fees will be spent on the projects identified in Table 4 to provide new vehicles, security camera systems, and other capital equipment and facilities as specified in the DIF Nexus Study.

C. The current cost estimate for these Police Department projects significantly exceeds the Police Fees expected to be collected. The remaining funds will be obtained from other sources such as City General Fund, City Municipal Infrastructure Fund, and other local, state, and federal grants, if available.

105

ATTACHMENT 1 – 7

Table 4: Police Improvements
Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
Vehicles $2,171,031 Unfunded 2035
Body Worn and
In-Car Camera
Systems
$462,846 Unfunded 2035
Police
Headquarters
Fire 11
Surveillance
System
$230,000 2026
Range Training
Center $291,450 Unfunded 2035

D. The remaining funding for the new vehicles, security camera systems, and other capital equipment and facilities is expected to be received by 2035. The Police Fee continues to be required in order to fund the Police-related improvements described in Table 4 above, and the cost of the necessary improvements is to be spread proportionally among the new residential and non- residential users which contribute to the population growth generating the need for the improvements.

6. Although the IT Fees are not yet five (5) years old, the Council makes the following findings for the IT fees to reaffirm the purpose and ongoing need for these revenues:

A. As authorized under BMC Title 10, Chapter 1, Article 22, Division 3 (beginning with BMC §10-1-2224), the City has collected a development fee known as the Information Technology Fee (“IT Fee”), which is a sub -fee within the Community Facilities – Non-Transportation Related Fee, for the purpose of assuring that the level of service goals of the City as set forth in the DIF Nexus Study are met with respect to the additional demands placed on the Burbank Information Technology systems and infrastructure generated from such development.

B. A reasonable relationship exists between the IT Fees and the purpose for which they were collected, in that the fees were imposed upon all new non-residential and residential development in the City. Those new development projects, according to the DIF Nexus Study , cumulatively generate population growth which increases demand for the City’s IT facilities associated with the City’s technology systems and infrastructure . The IT Fees will be spent on the projects 106

ATTACHMENT 1 – 8

identified in Table 6 to provide new Smart City Edge technology infrastructure and for control and management systems, as specified in the DIF Nexus Study.

C. The current cost estimate for these information technology projects significantly exceeds the IT Fees expected to be collected. The remaining funds will be obtained from other sources such as City General Fund, City Municipal Infrastructure Fund, and other local, state, and federal grants, if available.

Table 5: IT Improvements
Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
Smart City Edge
Technology
Infrastructure
$26,580,243 Unfunded No date
Control and
Management
Systems
$1,165,800 Unfunded No date

D. The remaining funding for the new information technology systems and infrastructure is expected to be received by 2030. The IT Fee continues to be required in order to fund the IT-related improvements described in Table 5 above, and the cost of the necessary improvements is to be spread proportionally among the new residential and non- residential users which contribute to the population growth generating the need for the improvements.

7. Although there are no Transportation Improvement Fees in the Transportation Improvement Subfund that are approaching five (5) years, t he Council makes the following findings for the Transportation Improvement Fees to reaffirm the purpose and ongoing need for these revenues:

A. As authorized under BMC Title 10, Chapter 1, Article 22, Division 2 (beginning with BMC §10-1-2217), the City has collected a development fee known as the Community Facilities - Transportation Improvement Fee (“Transportation Improvement Fee”) for the purpose of assuring that the transportation level of service goals of the City as set forth i n the DIF Nexus Study are met with respect to the additional demands placed on the transportation system by traffic generated from such development.

ATTACHMENT 1 – 9

traffic circulation in the City. Existing Transportation Improvement Fees will be spent on the infrastructure projects listed in Table 6 that help offset the impacts generated from development necessitating roadway improvements, transit improvements, bikeway improvements, and pedestrian improvements.

C. The current cost estimate for these transportation improvements significantly exceeds the Transportation Improvement Fees expected to be collected. The remaining funds will be obtained from other sources such as California Department of Transportation (Caltrans) grants, Los Angeles County Metropolitan Transportation Authority (Metro) grants, local return, City reserves, private funding, and other local, state, and federal grants.

Table 6: Transportation Improvements
108

ATTACHMENT 1 – 10

Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
First Street Bike
Lane $1,692,045
$599,206 Measure R Local
Return Funds, $100,000
Municipal Infrastructure Funds,
$90,794 Transportation
Development Act Funds
2026
Olive Bridge
Replacement $150,318,732
Partially Funded by $19,354
State Gas Tax Fund, $149,378
General City Capital
Improvements Fund,
$4,000,000 Metro Measure R
Grant Funds, $2,000,000
Federal STBG federal grant
funds. Future funding expected
from additional State/Federal
Grants.
2030
Rancho
Providencia
Neighborhood
Protection Plan
$540,000 2028
San Fernando
Bikeway $11,213,067
$9,172,836 grant funding,
$62,566 Transportation
Development Act Funds
2027
Roadway
Capacity
Improvements
$23,053,044 Future funding expected from
Regional/State/Federal Grants 2040
Intersection
Capacity
Improvements
$26,351,600
Future funding expected from
Metro Measure R and Measure
M Regional Funding, Local
Return Funds
2040
Transportation
System
Management
Projects
$40,081,250
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards.
2040
Transit
Improvements $87,129,350
Partially Funded by
$10,053,082 Metro Measure M
AVCJPA Regional Funds.

Future funding expected from
additional State/Federal Grants.
2040
109

ATTACHMENT 1 – 11

Path and
Protected
Bikeway
Improvement
Projects & On-
Street Bicycle
Improvements
$53,475,268
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards
2040
On-Street
Bicycle
Improvement
Projects
$53,475,268
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards.
2040
Pedestrian
Improvements $60,480,420
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards.
2040

D. The remaining funding for transportation improvements is expected to be received by 20 40. The Transportation Improvement Fee continues to be required in order to fund the transportation-related improvements described above, and the cost of the necessary improvements is to be spread proportionally among the new non- residential users which cont ribute to the traffic generating the need for the improvements.

PASSED and ADOPTED this ______day of_______________, 2025.

__________________________
Nikki Perez
Mayor

Approved as to Form
Attest: Office of the City Attorney

______________________________ By: _______________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney

110

ATTACHMENT 1 – 12

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a majority vote of the Council of the City of Burbank at its regular meeting held on the ____ day of ______________ 2025, by the following vote:

AYES:

NOES:

ABSENT:

______________________________
Kimberley Clark, City Clerk
111
FY 2024-2025 DIF PROGRAM ANNUAL REPORT-REVIEW OF DIF FUNDS ATTACHMENT 2 - 1
112
Section 1: Fee Descriptions
Police Development Impact Fee
Police Department capital facilities and equipment (e.g. equipment) necessary to accommodate growth.

Fire Development Impact Fee
Fire Department capital facilities and equipment (e.g. vehicles) necessary to accommodate growth.

Library Development Impact Fee
Library capital facilities and improvements necessary to accommodate growth.

Parks and Recreation Development Impact Fee
Park and recreation facility improvements necessary to accommodate growth.

Transportation Development Impact Fee
Additions and improvements to the City’s transportation infrastructure to accommodate future traffic volumes, including infrastructure supporting vehicle, transit, pedestrian, and bicycle modes.

Information Technology Development Impact Fee
Information Technology infrastructure and systems necessary to accommodate growth.

ATTACHMENT 2 - 2
113
Section 2: FY 24-25 DIF Fee Schedule

ATTACHMENT 2 - 3
114
Section 3: FY 24-25 Development Impact Fee Funds Summary by Subfund ATTACHMENT 2 - 4
115
Section 4: Construction Status of Previously Reported CIP Projects Project Previous
Construction
Start Date
Delay & Reason (Yes/No) Revised
Approximate
Construction
Date
San Fernando
Connector/Empire
FY 2014-
2015
No
San Fernando
Bikeway
FY 2023-
2024
Yes - additional approvals
were required from County
and regional agencies
FY 2025-2026
Interstate-5
Mitigation Empire
Interchange
FY 2014-
2015
No
Chandler Bikeway
Extension
FY 2026-
2027
No
First Street Bike
Lane
FY 2024-
2025
Yes - More design work was
required
FY 2025-2026
Rancho
Providencia NPP
None No
Picnic Facility
Improvements
Verdugo
FY 2022-
2023
No Project
Completed
Jail Door Access
Control
FY 2023-24 Yes - Delays in project
advertisement for
construction bids
FY 2025-2026
George Izay Park
Master Plan
Not
applicable
No None

MCCAMBRIDGE
PICNIC

IMPROVEMENT
FY 2023-
2024
No Project
Completed
Ballfield Light
Modernization
McCambridge
Park
FY 2022-
2023
No Project
Completed
Fire Station 11
Kitchen Modern
FAC
FY 2025-
2026
Yes - planning and design
phases were longer than
anticipated
FY 2025-2026
ATTACHMENT 2 - 5
116
Section 5: FY 24-25 Development Impact Fee CIP Projects Project
# Project F127-Expenditures to date DIF %
22489 GSSP/HSR Station Area Plan1 $ 1,132,362.91 76%
23217 Downtown Burbank TOD Plan1 $ 119,906.16 10%
Approximate Construction Date3
Not Applicable
Not Applicable
13608 San Fernando Connector/Empire2 $ 6,392,871.39 100% FY 2014-2015 ‘19056 San Fernando Bikeway1 $ 1,846,341.12 97% FY 2025-2026 21712
Interstate 5 Mitigation - Empire
Interchange1 $ 574,426.35 100% FY 2014-2015
22702 Chandler Bikeway Extension1 $ 107,270.64 100% FY 2026-2027 24824 FS 11 Kitchen Modern FAC $ 52,910.00 97% FY 2023-2024 21305 Police/Fire HQ Flooring FAC $ 385,030.13 59% FY 2023-2024 23049 Jail Door Access Control $ 31,795.01 56% FY 2025-2026 24823 PD HQ Fire11 Surveillance System $ 2,134.93 100% FY 2025-2026 24816 McCambridge Park Replacement $ 71,250.00 4% FY 2024-2025 23468 George Izay Park Master Plan $ 192,553.17 73% Not Applicable 1 This project is partially or fully grant-funded and fronted with DIF funds. The DIF-Funded % will be fully reimbursed by the grant less local match, if applicable.
2 This project is the local contribution to the $355 million I-5 North/Empire Interchange Project. A portion of the DIF funding is reimbursed by Caltrans.
3 Projects with dates that have passed are in construction.

ATTACHMENT 2 - 6
117
City of Burbank Project Information Sheet
FY2024-25
Municipal Facilities
Project Name Fire Station 11 Kitchen Modernization FY2024-25 Appropriation $500,000 Public Works ContinuedProject StatusDepartment
Project Score N/AAccount Number 127 FD07A 70019_0000 P24824 534 PW33A 70019_0000 P24824

PROJECT DESCRIPTION AND JUSTIFICATION
Comprehensive modernization of existing 25-year-old kitchen: repair and replace cabinets, counters, appliances, and lighting, replacing ceiling tiles, new flooring, replace existing interior finishes, and selective furnishings. The project will include design and construction. The existing kitchen was constructed to the standards of the time and currently cannot be repaired and provide a safe and hygienic working environment. The casework was constructed of particle board and has been infiltrated with water and is not repairable. The kitchen's rotting particle board emits a foul odor on a consistent basis. The kitchen requires commercial - level quality and equipment to provide 24/7 food storage, preparation, and service area for approximately 40 firefighters. The kitchen needs to be upgraded to meet ADA compliance requirements. It receives a high level of wear and high use as it is used as a primary dining and living area for firefighters. The kitchen also serves as a critical services facility for the Emergency Operations Center (EOC) and other emergency events.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 46,000 300,000 346,000
Municipal Infrastructure Fund 200,000 200,000
Totals $46,000 $500,000 $546,000
Expenditures
Construction 446,000 446,000
Design 46,000 24,000 70,000
Inspection 30,000 30,000
Totals $46,000 $500,000 $546,000

PROJECT STATUS UPDATE
Planning and design commenced in collaboration with the Fire Department in Spring 2024. Construction will be completed by Fall 2025.

Forecasted Project Completion Date: Fall 2025
Ongoing Operating & Maintenance Impact: Regular planned maintenance will be required.

Project Manager: Anna Hartounian, Civil Engineering Associate ATTACHMENT 2 - 7
118
City of Burbank Project Information Sheet
FY2024-25
Municipal Facilities
Project Name Jail Door Access Control FY2024-25 Appropriation $0 Public Works ContinuedProject StatusDepartment
Project Score N/AAccount Number 127 CD33C 70019_0000 P23049 534 PW33A 70019_0000 P23049

PROJECT DESCRIPTION AND JUSTIFICATION
This project will replace and modernize the 24-year -old legacy jail door locking system and components. The modernization will include the complete integration and installation of all electronics, software, hardware, casework, and fixtures required to replace and modernize the existing system. The existing locking and controls system was installed with the building's completion in 1998 and is no longer being supported by the manufacturer.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 224,355 224,355
Municipal Infrastructure Fund 405,700 405,700
Totals $630,055 $630,055
Expenditures
Construction 284,834 284,834 569,668
Design 15,387 15,000 30,387
Inspection 30,000 30,000
Totals $15,387 $329,834 $284,834 $630,055

PROJECT STATUS UPDATE
This project is anticipated to advertise in January 2025. Construction is estimated to take place from August 2024 to February 2025.

Forecasted Project Completion Date: February 2025
Ongoing Operating & Maintenance Impact: Regular planned maintenance will be required to maintain safe operation and maintain the integrity of the system.

Project Manager: Dean Pearson, Construction Supervisor ATTACHMENT 2 - 8
119
City of Burbank Project Information Sheet
FY2024-25
Municipal Facilities
Project Name Police Headquarters Fire 11 Surveillance System FY2024-25 Appropriation $0 Public Works ContinuedProject StatusDepartment
Project Score N/AAccount Number 127 CD33C 70019_0000 P24823

PROJECT DESCRIPTION AND JUSTIFICATION
This project will install a new Ocularis Platform Video Manage System (VMS) equipped with sufficient storage to provide the required one-year surveillance retention for the facility. The surveillance system that includes cameras within the jail area is federally mandated to require one year of retention and storage. The existing camera system is obsolete and can no longer be serviced or maintained, as parts are no longer available. The storage period cannot be expanded as the vendor's (Pelco) storage is proprietary and storage servers are also no longer available. Therefore, retaining the requisite one-year storage cannot be provided with the existing system now or in the future.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 230,000 230,000
Totals $230,000 $230,000
Expenditures
Construction 220,000 220,000
Design 10,000 10,000
Totals $230,000 $230,000

PROJECT STATUS UPDATE
The system design was completed in September 2023. Construction will take place from July 2024 through September 2024.

Forecasted Project Completion Date: September 2024
Ongoing Operating & Maintenance Impact: Regular planned maintenance will be required to maintain operation and the integrity of the system.

Project Manager: Dean Pearson, Construction Superintendent ATTACHMENT 2 - 9
120
City of Burbank Project Information Sheet
FY2024-25
Municipal Facilities
Project Name Police/Fire Headquarters Flooring FY2024-25 Appropriation $130,000 Public Works ContinuedProject StatusDepartment
Project Score N/AAccount Number 127 PD03A 70019_0000 P21305 370 PW33A 70019_0000 P21305
534 PW33A 70019_0000 P21305

PROJECT DESCRIPTION AND JUSTIFICATION
This project will replace the worn-out existing flooring that consists of broadloom carpet, carpet tiles, linoleum, vinyl composition tile, specialty flooring in the gym, and a few other types of flooring. This is the second phase of a four-phase project that will replace approximately 120,000 square feet of flooring. The flooring materials in the Police/Fire Headquarters, which are 17 years old, have reached the end of their life expectancy. A needs evaluation and survey were completed to determine the priority of the remaining flooring replacement based on safety needs. This work will be performed in phases throughout the building. Partitions and furniture will be removed, flooring replaced, and the partitions and furniture will be reinstalled.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 350,000 130,000 480,000
Infrastructure Reserve 350,000 350,000
Municipal Infrastructure Fund 210,000 210,000
Totals $910,000 $130,000 $1,040,000
Expenditures
Construction 50,000 680,000 730,000
Design 5,000 184,069 189,069
Inspection 110,931 10,000 120,931
Totals $165,931 $874,069 $1,040,000

PROJECT STATUS UPDATE
Construction of Phase II was completed from March 2024 to July 2024. Subsequent phases will begin construction upon completion of Phase II.

Forecasted Project Completion Date: July 2025
Ongoing Operating & Maintenance Impact: Regular planned maintenance will be required.

Project Manager: Anna Hartounian, Civil Engineering Associate ATTACHMENT 2 - 10
121
City of Burbank Project Information Sheet
FY2024-25
Parks and Recreation
George Izay Park Master PlanProject Name FY2024-25 Appropriation $900,000 Project Status
Account Number 127 PR28A 70003_0000 P23468
370 PR28A 70003_0000 P23468
534 PR21A 70003_0000 P23468
Parks and Recreation OngoingDepartment
Project Score N/A

PROJECT DESCRIPTION AND JUSTIFICATION
This is a multi-phased project that will ultimately result in the renovation of George Izay Park. The City Council approved the George Izay Park Master Plan at the October 11, 2022 meeting and authorized the City Manager to direct staff to strategically implement the Master Plan. Phase two of the Master Plan will include an aerial topographic and field survey, phasing feasibility studies, and a three-dimensional rendering of the redesign. Future phases of the project will include design and construction for landscape improvements, parking and pedestrian walkway improvements, Olive Recreation Center, and Burbank Little Theater renovations, and minor interior and exterior improvements to the Betsy Lueke Creative Art Center and Joslyn Adult Center.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 250,425 900,000 1,150,425
Measure A 100,000 100,000
Municipal Infrastructure Fund 78,425 78,425
Unfunded 2,000,000 900,000 26,750,000 4,100,000 21,975,000 55,725,000 Totals $428,850 $900,000 $2,000,000 $900,000 $26,750,000 $4,100,000 $21,975,000 $57,053,850 Expenditures
Construction 53,850 350,900 404,750
Design 24,100 900,000 2,000,000 900,000 26,750,000 4,100,000 21,975,000 56,649,100 Totals $77,950 $1,250,900 $2,000,000 $900,000 $26,750,000 $4,100,000 $21,975,000 $57,053,850

PROJECT STATUS UPDATE
The first phase of the project was completed in FY 2022-23. The second phase of the project was completed in FY 2023-24.

The third phase will begin in FY 2024-25.

Forecasted Project Completion Date: June 2025
Ongoing Operating & Maintenance Impact: The project will reduce ongoing maintenance costs.

Project Manager: Diego Ivan Cevallos, Assistant Parks, Recreation, and Community Services Director ATTACHMENT 2 - 11
122
City of Burbank Project Information Sheet
FY2024-25
Parks and Recreation
Mc Cambridge Playground ReplacementProject Name FY2024-25 Appropriation $1,959,600 Project Status
Account Number 370 PR28A 70003_0000 P24816
534 PR21A 70003_0000 P24816
Parks and Recreation NewDepartment
Project Score N/A

PROJECT DESCRIPTION AND JUSTIFICATION
Installation of new play equipment to include a wide range of inclusive and adaptive equipment at McCambridge Park playground to meet the needs of the community. This new playground will provide a variety of the latest play features and experiences for children of all abilities in a fun atmosphere and include five elements of inclusion play for cognitive, strength, social/emotional, sensory, and motor engagement. The play area will also include new Poured-in-Place surfacing and shade structure.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Measure A 900,000 900,000
Municipal Infrastructure Fund 1,059,600 1,059,600
Totals $1,959,600 $1,959,600
Expenditures
Construction 1,955,000 1,955,000
Inspection 4,600 4,600
Totals $1,959,600 $1,959,600

PROJECT STATUS UPDATE
Project delivery method will be design-build. Design and construction will occur in FY 2024-25 Forecasted Project Completion Date: June 2025
Ongoing Operating & Maintenance Impact: The project reduces ongoing maintenance and improves operational efficiencies. Costs are determined annually.

Project Manager: Michael M Del Campo, Assistant Parks, Recreation, and Community Services Director ATTACHMENT 2 - 12
123
City of Burbank Project Information Sheet
FY2024-25
Traffic, Transportation, and Pedestrian Access
Project Name Chandler Bikeway Extension FY2024-25 Appropriation $0 Community Development ContinuedProject StatusDepartment Project Score N/AAccount Number 127 CD33A 70002_0000 P22702

PROJECT DESCRIPTION AND JUSTIFICATION
The project will extend the Chandler Bikeway from its current eastern terminus at Chandler Boulevard and Mariposa Street to the future San Fernando Bikeway along the Western Burbank Channel, which will then carry cyclists on Chandler to the Downtown Burbank Metrolink station. The completion of this project will help close the gap between two regionally significant Class I bikeways and will provide pedestrian and bicycle connectivity to the City's Downtown Burbank Metrolink Station. This gap is identified in the Burbank2035 General Plan, the Bicycle Master Plan, and the Complete Streets Plan. The Greenhouse Gas Reduction Plan calls for the buildout of the City's Bicycle Master Plan and Complete Streets Plan as a means to reduce the City's greenhouse gas emissions caused by vehicle miles traveled.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Measure R Highway
Operations 401,231 545,812 947,043
Metro Grant 583,837 2,183,247 2,767,084
Totals $985,068 $2,729,059 $3,714,127
Expenditures
Construction 1,364,529 1,364,530 2,729,059
Engineering and Design 985,068 985,068
Totals $985,068 $1,364,529 $1,364,530 $3,714,127

PROJECT STATUS UPDATE
Staff has procured consultant design services and has begun preliminary design and environmental review for the project, including evaluation of alignment options along Victory Boulevard.

Forecasted Project Completion Date: December 2028
Ongoing Operating & Maintenance Impact: Routine pavement, landscaping, and other maintenance costs. The exact dollar amount will be determined as part of the design process.

Project Manager: Roy Choi, Assistant Community Development Director - Transportation ATTACHMENT 2 - 13
124
City of Burbank Project Information Sheet
FY2024-25
Traffic, Transportation, and Pedestrian Access
Interstate-5 Mitigation Empire InterchangeProject Name FY2024-25 Appropriation $0 Project Status
Account Number 127 CD33A 70002_0000 P21712
Community Development ContinuedDepartment
Project Score N/A

PROJECT DESCRIPTION AND JUSTIFICATION
In October 2014, the Metro Board of Directors approved Measure R funding to help mitigate construction impacts caused by the Interstate-5 High Occupancy Vehicle (HOV)/Empire Interchange project. Several mitigation projects identified in this funding allocation will be provided by the City of Burbank, including graffiti abatement along the City-owned right-of-way within the City portions of the Empire Avenue Interchange. This project will construct landscaping and aesthetic treatments for the Empire Interchange to discourage graffiti and improve aesthetics. Local funds identified in this project are reimbursed by Metro. The project is needed to improve the aesthetics of this gateway to the City, as well as to deter vandalism and graffiti within the new interchange.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Metro Grant 668,000 668,000
Totals $668,000 $668,000
Expenditures
Construction 403,000 200,000 15,000 618,000
Design 50,000 50,000
Totals $453,000 $200,000 $15,000 $668,000

PROJECT STATUS UPDATE
Landscaping on the Empire Avenue roadway and the north side of the Empire adjacent to Old Empire Avenue is complete. Landscaping along the Landis-Keeler neighborhood is currently under construction. The final landscape design is needed on the south side of Empire Avenue adjacent to Empire Center and is currently being designed and coordinated with Caltrans and the Empire Center property owner.

Forecasted Project Completion Date: June 2025
Ongoing Operating & Maintenance Impact: Ongoing maintenance costs will be estimated as part of the final design process.

Project Manager: David Null, Senior Civil Engineer
ATTACHMENT 2 - 14
125
City of Burbank Project Information Sheet
FY2024-25
Traffic, Transportation, and Pedestrian Access
San Fernando BikewayProject Name FY2024-25 Appropriation $0 Project Status
Account Number 127 CD33A 70002_0000 P19056
370 CD33A 70002_0000 P19056
Community Development ContinuedDepartment
Project Score N/A

PROJECT DESCRIPTION AND JUSTIFICATION
The San Fernando Bikeway is a Class I bike path that will be constructed along San Fernando Boulevard and Victory Place between Cohasset Street and Empire Avenue and along the Burbank Western Channel between Cypress Avenue and the Downtown Metrolink Station. This project completes the final three miles in a 12-mile regional bike path. It connects with the Chandler Bikeway Extension project to carry cyclists on Chandler to the Downtown Burbank Metrolink Station. The completion of this project will help close the gap in a regional Class I bike path network as well as the City's bike path network.

This gap is identified in the Burbank2035 General Plan, the Bicycle Master Plan, and the Complete Streets Plan. The Greenhouse Gas Reduction Plan calls for the buildout of the City's Bicycle Master Plan and Complete Streets Plan as a means to reduce the City's greenhouse gas emissions caused by vehicle miles traveled.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 1,977,665 1,977,665
Grant Funding 3,000,000 3,000,000
Metro Grant 6,172,836 6,172,836
Transportation Development
Act (TDA) Funds 62,566 62,566
Totals $11,213,067 $11,213,067
Expenditures
Construction 2,081,182 2,000,000 4,081,182
Engineering and Design 1,684,362 1,103,869 3,000,000 5,788,231 Inspection 400,000 943,654 1,343,654
Totals $1,684,362 $3,585,051 $5,943,654 $11,213,067

PROJECT STATUS UPDATE
Final documents are being completed and staff are preparing approvals from county and regional agencies, and preparing construction bid documents. Completion of
the design was delayed to address the extended time needed for outside agencies to review the project, and to incorporate additional Caltrans State Grant Funding secured to provide additional landscaping for the rail corridor adjacent to the project.

Forecasted Project Completion Date: June 2026
Ongoing Operating & Maintenance Impact: Routine pavement, landscaping, and other maintenance costs. The exact dollar amount will be determined as part of the design process.

Project Manager: David Kriske, Assistant Community Development Director - Transportation ATTACHMENT 2 - 15
126
City of Burbank Project Information Sheet
FY2024-25
Traffic, Transportation, and Pedestrian Access
San Fernando Connector/EmpireProject Name FY2024-25 Appropriation $0 Project Status
Account Number 127 CD33A 70002_0000 P13608
Community Development ContinuedDepartment
Project Score N/A

PROJECT DESCRIPTION AND JUSTIFICATION
This project funds the construction of the Empire Interchange and Buena Vista Street/San Fernando Boulevard railroad grade separation included in the Interstate-5 HOV project. Project funds have been used for planning studies, as well as to design and construct required City utility relocations necessary for the improvement. The funding and costs below represent local project participation, including project management and coordination. This project is identified in the City's Infrastructure Blueprint as critical to improving freeway access to the Golden State area. Caltrans is the lead agency for this project and has received state and Metro transportation sales tax funds to implement and construct the project.

PROJECT FUNDING AND EXPENDITURE DETAIL
Prior
Years FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Years
6-10 TOTALS
Funding Sources
Development Impact Fees 4,673,263 4,673,263
Totals $4,673,263 $4,673,263
Expenditures
Construction 631,894 631,894
Design 5,436,626 5,436,626
Totals $6,068,520 $6,068,520

PROJECT STATUS UPDATE
The Burbank Boulevard Bridge was opened to traffic in November 2021. Caltrans is completing the remaining freeway mainline work to open the carpool lanes and install freeway landscaping. Staff continues to seek funding and oversee the implementation of the Interstate-5 project unmet needs list.

Forecasted Project Completion Date: December 2024
Ongoing Operating & Maintenance Impact: Increase in general street and bridge maintenance of facilities built for the Empire Interchange.

Project Manager: David Kriske, Assistant Community Development Director - Transportation and Planning ATTACHMENT 2 - 16
127
1 RESOLUTION NO. 25-29,674

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK MAKING FINDINGS REGARDING THE

CONTINUING NEED FOR UNEXPENDED BALANCES OF
IMPACT FEES AS OF JUNE 30, 2025

THE COUNCIL OF THE CITY OF BURBANK FINDS:

F. Five of the City’s seven Subfunds contain fees that remain unexpended five or more years after deposit of such fees.

G. The portions of the fund balance in the Library Subfund that are approaching five (5) years totals $448,613.63 (“Unexpended Library Fees”).

128
25-29,674
2 H. The portions of the fund balance in the Park and Recreation Subfund that are approaching five (5) years totals $416,206.13 (“Unexpended Park and Recreation Fees”).

I. The portions of the fund balance in the Administration Subfund that are approaching five (5) years totals $128,920.78 (“Unexpended Administration Fees”).

J. The portions of the fund balance in the Fire Subfund that are approaching five (5) years totals $14,497.82 (“Unexpended Fire Fees”).

K. The portions of the fund balance in the Police Subfund that are approaching five (5) years totals $79,648.95 (“Unexpended Police Fees”).

THE COUNCIL OF THE CITY OF BURBANK RESOLVES:

1. The Council makes the following findings for the Unexpended Library Fees:

129
25-29,674
3 C. The current cost estimate for these library projects significantly exceeds the Library Fees expected to be collected. The remaining funds will be obtained from other sources such as City General Fund, City -issued debt, and other local, state, and federal grants, if available.

2. The Council makes the following findings for the Unexpended Park and Recreation Fees:

3. The Council makes the following findings for the Unexpended Administration Fees:

A. As authorized under BMC Title 10, C hapter 1, Article 22, Division 1 (beginning with BMC §10-1-2201), the City has collected a five percent 131
25-29,674
5 administration fee (“Administration Fee”) on all development impact fees , for the purpose of assisting with the administrative costs incurred by the City to administer the development impact fee program.

4. The Council makes the following findings for the Unexpended Fire Fees:

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25-29,674
6 C. The current cost estimate for these Fire Department projects significantly exceeds the Fire Fees expected to be collected. The remaining funds will be obtained from other sources such as City General Fund, City Municipal Infrastructure Fund, and other local, state, and federal grants, if available.

5. The Council makes the following findings for the Unexpended Police Fees:

133
25-29,674
7 Table 4: Police Improvements
Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
Vehicles $2,171,031 Unfunded 2035
Body Worn and
In-Car Camera
Systems
$462,846 Unfunded 2035
Police
Headquarters
Fire 11
Surveillance
System
$230,000 2026
Range Training
Center $291,450 Unfunded 2035

6. Although the IT Fees are not yet five (5) years old, the Council makes the following findings for the IT fees to reaffirm the purpose and ongoing need for these revenues:

B. A reasonable relationship exists between the Transportation Improvement Fees and the purpose for which they were collected, in that the fees were imposed upon all new non- residential and residential developments in the City. Those new development projects, according to the DIF Nexus Study, cumulatively generate traffic growth which adversely impacts transportation and traffic circulation in the City. Existing Transportation Improvement Fees will be 135
25-29,674
9 spent on the infrastructure projects listed in Table 6 that help offset the impacts generated from development necessitating roadway improvements, transit improvements, bikeway improvements, and pedestrian improvements.

Table 6: Transportation Improvements
136
25-29,674
10 Project Estimated
Cost
Additional Funding Sources
and Funding Amounts
Supplementing DIF
Approximate
Date when
Additional
Funding is
Expected
First Street Bike
Lane $1,692,045
$599,206 Measure R Local
Return Funds, $100,000
Municipal Infrastructure Funds,
$90,794 Transportation
Development Act Funds
2026
Olive Bridge
Replacement $150,318,732
Partially Funded by $19,354
State Gas Tax Fund, $149,378
General City Capital
Improvements Fund,
$4,000,000 Metro Measure R
Grant Funds, $2,000,000
Federal STBG federal grant
funds. Future funding expected
from additional State/Federal
Grants.
2030
Rancho
Providencia
Neighborhood
Protection Plan
$540,000 2028
San Fernando
Bikeway $11,213,067
$9,172,836 grant funding,
$62,566 Transportation
Development Act Funds
2027
Roadway
Capacity
Improvements
$23,053,044 Future funding expected from
Regional/State/Federal Grants 2040
Intersection
Capacity
Improvements
$26,351,600
Future funding expected from
Metro Measure R and Measure
M Regional Funding, Local
Return Funds
2040
Transportation
System
Management
Projects
$40,081,250
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards.
2040
Transit
Improvements $87,129,350
Partially Funded by
$10,053,082 Metro Measure M
AVCJPA Regional Funds.

Future funding expected from
additional State/Federal Grants.
2040
137
25-29,674
11 Path and
Protected
Bikeway
Improvement
Projects & On-
Street Bicycle
Improvements
$53,475,268
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards
2040
On-Street
Bicycle
Improvement
Projects
$53,475,268
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards.
2040
Pedestrian
Improvements $60,480,420
Future funding expected from
Regional/State/Federal Grants
and Complete Streets Objective
Development Standards.
2040

PASSED and ADOPTED this 16th day of December 2025.

_s/T amala Takahashi_________
Tamala Takahashi
Mayor

Approved as to Form
Attest: Office of the City Attorney

_s/Kimberley Clark____________ By: _s/Lisa Kurihara__________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney

138
25-29,674
12 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

AYES: Anthony, Perez, Rizzotti, Mullins, and Takahashi.

NOES: None.

ABSENT: None.

_s/Kimberley Clark_____________
Kimberley Clark, City Clerk
139
1 STAFF REPORT
DATE: December 16, 2025
TO: Justin Hess, City Manager
FROM: Betsy McClinton, Management Services Director
BY: Julie Chaidez, Acting Human Resources Manager
SUBJECT: Approval of a First Amendment to the Fiscal Year 2024- 25 Professional Services Agreement with Return- To-Work Partners to Provide Consulting and Case Management Support for Compliance with the Fair Employment and Housing Act and the Americans with Disabilities Act

RECOMMENDATION
Approve a First Amendment to the Professional Services Agreement (PSA) with Return- To-Work Partners (RTW) to provide consulting and case management support for compliance with the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).

BACKGROUND
On January 28, 2025, the City Council approved a PSA with RTW for the period of October 1, 2024, through June 30, 2025, to provide consulting and case management services supporting the City’s compliance with FEHA and ADA requirements.

RTW’s expertise and collaborative approach have significantly enhanced the City’s FEHA/ADA processes, improving the experience for both employees and departments.

Through its partnership with RTW, Management Services Department (MSD) staff have developed a stronger understanding of legal obligations under FEHA and ADA, thereby reducing potential liability risks for the City.

DISCUSSION
Since the PSA was approved, the City has experienced a higher-than-anticipated volume of FEHA/ADA cases requiring interactive process meetings, accommodation

MANAGEMENT

SERVICES
Consent Calendar
Item #6
140
2 additional consulting hours necessary to ensure timely compliance and effective resolution of cases.

As a result, final invoicing for services rendered through June 30, 2025, exceeds the original PSA limit of $250,000. To account for these additional costs, staff recommends approval of a First Amendment to increase the contract amount by $125,000, for a revised not-to-exceed total of $375,000. No changes to the term or scope of services are proposed.

ENVIRONMENTAL REVIEW
This 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, and such as, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs §15378.

FISCAL IMPACT
Sufficient funds are available in the FY 2025-26 Adopted Budget to cover the additional cost of $125,000. No additional budget appropriation is required.

CONCLUSION
Due to a higher -than-expected number of FEHA/ADA cases, additional consulting services from RTW were required to support the City’s compliance efforts. Through this partnership, RTW has not only assisted in managing the increased caseload but has also been instrumental in strengthening the City’s internal FEHA/ADA capabilities, improving processes, and reducing potential liability exposure. As a result of this in-house capacity building, the City anticipates tapering its reliance on RTW in future fiscal years. To cover the higher -than-expected costs for services provided through June 30, 2025, staff recommends approval of a First Amendment to the PSA with RTW, increasing the total contract amount to $375,000.

ATTACHMENTS
Attachment 1 – First Amendment to Professional Services Agreement with RTW Attachment 2 – Professional Services Agreement with RTW, Effective October 1, 2024 – June 30, 2025
assessments, and case management support. This increase in activity has resulted in 141
Attachment 1
First Amendment - increase scope, costs and/or term 2022 Page 1

FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT

DATE: December 16, 2025

PARTIES: "CITY"

THE CITY OF BURBANK, a municipal corporation

Designated Official: Name: Betsy McClinton
Title: Management Services Director
Telephone: 818-238-5026

Mailing Address: 275 E. Olive Avenue
P. O. Box 6459
Burbank, CA 91510

"CONSULTANT"

Monjaras & Wisemeyer Group Inc. dba Return to Work Partners

Representative: Name: Steve Monjaras
Title President
Telephone: 877-984-7969

Mailing Address: 2201 East Willow Street
Suite D #189
Signal Hill, CA 90755

TERM: Original Commencement Date: October 1, 2024
Original Completion Date: June 30, 2025

COST OF SERVICE:

Original Cost of Service: $250,000
First Amendment to Cost of Service: +$125,000
Revised Cost of Service: $375,000

142
Attachment 1
First Amendment - increase scope, costs and/or term 2022 Page 2

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”), is made and entered into the date listed above (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “City”) and Return to Work Partners (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.

1.0 Purpose; Definitions. City and Consultant entered into a Professional Services Agreement dated October 1, 2024 (“Agreement”), for Consultant to provide development of essential function job analysis, accommodation meeting facilitation and management of Return-to-Work Program. Now City and Consultant desire to amend the Agreement with this First Amendment to Professional Services Agreement to increase the compensation. Capitalized terms not defined herein shall have the meaning assigned to such term in the Agreement.

2.0 Amendment to Compensation. The total compensation payable by the City to the Consultant as set forth in Section 3.0 of the Agreement is hereby amended to a not to exceed amount of $375,000.

3.0 Execution Counterparts. This First Amendment may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto.

Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this First Amendment with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this First Amendment by a Party, and transmitted electronically as described in this Section to the other Party.

4.0 Ratification of Professional Services Agreement. All other provisions of the Agreement, not inconsistent with this First Amendment, shall remain in full force and effect and are specifically incorporated herein.

In recognition of the obligations stated in this First Amendment, the parties have executed this First Amendment on the date indicated above.

(Signatures on next page)

143
Attachment 1
First Amendment - increase scope, costs and/or term 2022 Page 3

“CONSULTANT” “CITY”

________________________________ By: _____________________________ Signature Signature

________________________________ ________________________________ Name (please print) Name (please print)

________________________________ ________________________________ Title Title

If Consultant is a Corporation or LLC, a Approved as to Form second signature is required. Office of the City Attorney

________________________________ By: _____________________________ Signature Signature

________________________________ ________________________________ Name (please print) Name (please print)

________________________________ ________________________________ Title Title

ATTEST:

Office of the City Clerk

By: _____________________________
Signature

________________________________
Name (please print)

________________________________
Title

144
Attachment 1
First Amendment - increase scope, costs and/or term 2022 Page 4

145
Attachment 2
146

PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), is made and entered into this first day of October, 2024 (the "Effective Date"), by and between THE CITY OF BURBANK , a municipal corporation (the "City") and RETURN TO WORK PARTNERS (the "Consultant"). The City and the Consultant are herein referred to, individually, as a "Party", and, collectively, as the "Parties".

City and Consultant agree as follows:

1.0 Services. Consultant, as an independent contractor, agrees to perform during the term of this Agreement , each and every service described in the "Scope of Services" set forth on Exhibit A to this Agreement (the "Scope of Services"). The initiation of service by the Consultant should not commence until all of the following conditions have been satisfied:
(a) Consultant has furnished all of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnished any required supporting documentation required by Sections 16.0 below.
(c) Consultant shall perform each service within the Scope of Services only to the extent of the specific written authorization or notice to proceed provided by the City Project Manager, which shall direct the Consultant to proceed with the services listed in the Scope of Services, or any portion therein. To the extent that the Scope of Services involves more than one service, Consultant shall only be entitled to payment for services upon City Project Manager's written authorization or notice to proceed with such service. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the City Project Manager. The Scope of Services shall not be modified without an amendment executed by the authorized representatives of each Party. 1 .1 Extra Services
Unless City and Consultant have agreed in writing before the performance of extra services that are beyond the Scope of Services , City shall have no liability for such extra services and Consultant shall have no right to claim compensation for such extra services or expenses. The applicable hourly rates for authorized extra services shall be at the hourly rates set forth in the Schedule of Compensation (Exhibit B) unless otherwise agreed to by the parties in writing.
147

2.0 Term of Agreement; Termination.

2.1 Term. The term of this Agreement is from the Effective Date until June 30, 2025; provided, however, that the term of this Agreement may be extended by written amendment executed by authorized representatives of each of the Parties or may be earlier terminated as provided in Section 2.2 below (the "Term").

2.2 Termination by City. The City may terminate any or all of the services agreed to be performed under this Agreement without cause, at any time during the Term by giving the Consultant thirty (30) days' notice in writing. Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination.

2.3 Effect of Termination. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Consultant unless termination is for cause. In the event that such termination was for cause, Consultant shall be compensated only to the extent required by law.

3.0 Compensation and Schedule of Compensation. The total compensation (including, but not limited to all fees, expenses, reimbursements or other costs) payable by the City to the Consultant under this Agreement shall not exceed the sum of $250,000 (the "Cost of Services"). The Cost of Services shall not be increased without a written amendment executed by the authorized representatives of each Party. Consultant shall earn the compensation set forth in the Cost of Services in accordance with the "Schedule of Compensation" as attached to this Agreement as Exhibit B. No payment for expenses, labor or any other cost shall be paid to Consultant unless it is within the Scope of Services (Exhibit A).

4.0 Personnel.

4.1 The staff person designated by Consultant to be the primary point of contact (the "Representative") for day-to-day performance of this Agreement shall be:

Steve Monjaras
President
2201 East Willow Street, Suite 0#189
Signal Hill, CA 90755
[email protected]
Representative shall be a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of the Scope of Services under this Agreement. The Representative shall be the key person to communicate with, and periodically report to, City on the progress of the work.

The Consultant may, from time to time, remove or replace the Representative 148
designated in this Agreement only with prior written consent by the City's Designated Official.

4.2 The services to be performed by Consultant shall be accomplished under the general direction of, and coordination with, the staff person designated by the City serving as the project manager (the "City Project Manager "). The City Project Manager designated by the City for day-to-day administration of this Agreement shall be:

Veronica Wachowiak
Administrative Analyst II
301 East Olive Avenue, Suite 300
Burbank, CA 91502
[email protected]
The City may, from time to time, remove or replace the City Project Manager designated in this Agreement by written notice to Consultant. The City Project Manager has no authority to execute any amendments, consents or waivers on behalf of the City.

4.3 With respect to matters that extend beyond the day-to-day administration of this Agreement, the City designates Betsy McClinton, Management Services Director, Management Services Department (the "Designated Official") to handle such matters.
(818) 238-5026
EMcClinton@burbankca .gov

5.0 Invoicing and Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form reasonably satisfactory to the City Project Manager. Invoices shall be made no more frequently than on a monthly basis and no less frequently than every 60 days, and shall describe in reasonable detail the work performed (including a list of hours worked by personnel classification) together with any receipts, invoices or other documentable expenses that are reimbursable under the Schedule of Compensation. All payments shall be made within thirty (30) days after City's approval of such invoice.

6.0 Standard of Skill. Consultant, and Consultant's officers, employees and agents, if any, are skilled in the professional calling necessary to perform the work agreed to be done pursuant to this Agreement. The work performed by Consultant shall be with the degree of skill and diligence normally practiced in the industry for which Consultant is being retained by the City. To the extent that Consultant's industry is subject to guidelines, rules or other standards, Consultant shall ensure that it complies with such guidelines, rules or other standards. The acceptance of Consultant's work by the City shall not operate as a release of the Consultant from such standard of care and workmanship. 7 .0 Independent Contractor. Consultant is retained and engaged by the City only to the extent set forth in this Agreement, and the Consultant's relationship to the C ity is that of an independent contractor. Consultant shall be free to dispose of all portions of Consultant's 149

8.0 time and activities which Consultant is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Consultant sees fit except as expressly provided in this Agreement. Consultant shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for City's officers or employees. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the performance by the Consultant (including any of its officers, employees or other agents) of its obligations under this Agreement. Consultant has no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City.

Hold Harmless and Indemnity. Consultant shall fully and promptly undertake its obligations as set forth below:

8.1 Hold Harmless. To the fullest extent provided by law, Consultant holds City, its elected officials , officers, agents, and employees , harmless from all of Consultant 's claims, demands , lawsuits, judgments , damages , losses, injuries or liability to Consultant, to Consultant's employees , to Consultant 's contractors or subcontractors, or to the owners of Consultant's firm , which damages , losses, injuries or liability occur during the work required under this Agreement , or occur while Consultant is on City property , or which are connected , directly or indirectly , with Consultant's performance of any activity or work required under this Agreement.

8.2 Defense and Indemnity. Consultant shall investigate, defend , and indemnify City, its elected officials, officers , agents , and employees , from any claims, lawsuits , demands , judgments , and all liability including, but not limited to, monetary or property damage , lost profit, personal injury, wrongful death , general liability, automobile, infringement of any intellectual property rights (including , copyright , patent and trademark) , or professional errors and omissions arising out of, directly or indirectly , any error , negligence , recklessness , or omission of Consultant or any of Consultant 's officers , agents , employees , representatives , sub-consultants , or subcontractors , or the willful misconduct of Consultant or any of Consultant 's officers, agents, employees , representatives , sub-consultants , or subcontractors , in perform ing the services described in, or normally associated with, the work required under this Agreement , or breach by Consultant of this Agreement.

The duty to defend shall include any suits or actions concerning any activity , product or work required under this Agreement , and also include the payment of all court costs, attorney fees , expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto .

8.3 No Waiver . City does not waive , nor shall be deemed to have waived , any indemnity , defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.0 below.
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9.0 Correction or Re-Performance of Work. If City believes that any of the work performed under this .Agreement does not comply with the terms of this Agreement, City may delive r notice to Consultant. Such City's notice shall describe how the work performed , including any deliverables resulting from such work, does not meet the requirements of this Agreement, including failure to meet the applicable standard of care set forth in Section 6.0 and, upon City's sole discretion , may also make a request for Consultant to re-perform the services . If City requests Consultant to re-perform services , Consultant shall promptly re-perform the services at no additional cost to City in a reasonably timely manner . Should Consultant fail to make such correction or re-performance , the cost thereof shall be withheld from any funds due to Consultant hereunder or charged to Consultant with such amounts to be paid by Consultant within thirty (30) days of receipt of such invoice .

10.0 Insurance.

10.1 Insurance Coverage. Consultant shall maintain, throughout the Term, the insurance coverage set forth in the "Insurance Requirements" as attached to this Agreement as Exhibit C.

10.2 Delivery of Certificates of Insurance and Endorsements. Prior to the commencement of any work by Consultant under this Agreement, Consultant shall provide the City with copies of certificates (on an Accord form as modified per City direction) for all policies together with the appropriate endorsements required in Exhibit C. At the request of the City, Consultant shall deliver a copy of its insurance policies.

10.3 Failure to Maintain Insurance. If Consultant receives a cancellation notice of any insurance required by this Agreement , Consultant shall, within one day of receipt, forward said notice to City Project Manager. If Consultant at any time during the Term of this Agreement , should fail to secure or maintain any insurance required under this Agreement , the City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the cost of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. Such costs can be assessed by deducting such costs from any amounts due and payable to the Consultant as compensation under the terms of this Agreement.

11.0 Work Product.

11.1 Deliverables. Consultant shall deliver to the City the studies, plans, specifications, drawings, photographs , maps, videos, records, designs, data, reports, documents or other work products as are identified in the Scope of Services ("Work Product"). The City may also request, and Consultant shall provide to City, copies of all other information developed in the course of the Consultant's performance of this Agreement. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all 151
Work Product produced by the Consultant. Consultant represents and warrants that upon delivery of the Work Product, such \/\Jork Product sha!! be free of a!! liens, security interests or any other encumbrances.
11 .2 Ownership. Each and every item that constitutes Work Product produced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.

12.0 Confidentiality.

12.1 Non-Disclosure Exemptions. Consultant may be granted access to information that is exempt from disclosure to the public and may contain "trade secrets" when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in the California Public Records Act.

12.2 Confidentiality Obligation. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings , specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the Term of this Agreement without the prior written consent of the Designated Official during the Term of this Agreement and this obligation shall survive for a period of two (2) years after the termination of this Agreement. Notwithstanding the foregoing , the confidentiality obligations imposed by this Agreement shall survive as to any of the following information (a) a trade secret under applicable law for so long as such information constitutes a trade secret thereunder , (b) each utility customer 's "data" under applicable law unless Consultant has secured such customer's express , written consent to release of such customer's information , (c) any information classified by City as "critical infrastructure information" or "protected critical infrastructure information" or "protected system ," or (d) any other documentation that has been identified as confidential by City until City has advised Consultant in writing that such information may be released .

13.0 Acceptance of Final Payment by Consultant. The acceptance by Consultant of the final payment made under this Agreement shall release City from all claims and liabilities for compensation to or for the benefit of Consultant for anything done, furnished , or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check; provided, however, approval or payment by City shall not constitute , nor be deemed, a release of the responsibility and liability of Consultant, its employees, agents , subcontractors and subconsultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by Consultant ; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant , its employees, agents, subcontractors and subconsultants .

14.0 Records. Consultant shall maintain complete and accurate records with respect to sales, 152
costs, expenses, receipts, and other such information required by the City, the Designated Official or the City Project ~ .. ~anager. Consultant shall maintain adequate records on ser✓ ices provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide access to the Designated Official or designees at all proper times to such books and records, and gives the Designated Official or designees the right to examine and audit such books and records and to make transcripts as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Consultant shall maintain such records for at least four years after the termination or final payment under this Agreement, whichever is later.

15.0 Conflict of Interest. Consultant agrees to be familiar with and comply with all applicable federal, state and local conflict of interest laws (including 2 CFR 200.318, if federal money is funding any part of this Agreement). Consultant represents and warrants that it is unaware of any City employee or official that has a financial interest in Consultant's business. During the Term of this Agreement and/or as a result of being awarded this Agreement , Consultant shall not offer or accept any financial interest in Consultant's business by any City employee or official.

16.0 Payee Registration Form. City shall provide a Payee Registration Form to Consultant and Consultant shall deliver a completed registration form to the City. Consultant acknowledges that this form is necessary for the City to process any payment for services hereunder.

17.0 Non-Appropriation of Funds. Payments due and payable to Consultant for current services are within the current annual budget and within an available , unexhausted and unencumbered appropriation of City funds . In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

18.0 Compliance with Laws. Consultant agrees to perform all of its obligations under this Agreement in accordance with all applicable federal, state and local laws, rules and regulations. This obligation shall include, but is not limited to, the following requirements set forth below:

18.1 Permits and Licenses. Consultant, at its sole expense, shall obtain and maintain during the Term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

18.2 Anti-Terrorism Laws; Sanctions. The Consultant represents and warrants that:
(1) it is not a person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, United States Department of the Treasury or in Section 1 of Executive Order No. 13,224, 66 Fed. Reg. 49,079 (2001 ), issued by the President of the United States of America (Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism);
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(2) it does not engage in any dealings or transactions with any such persons described above; and
(3) is not otherwise blocked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not limited to, Trading with the Enemy Act, the International Emergency Economic Powers Act, Accountability and Divestment Act or any other similar law or regulation with respect to any country, the Sudan Accountability and Divestment Act, any OFAC Sanctions Program, or any economic sanctions regulations administered and enforced by the United States or any enabling legislation or executive order relating to any of the foregoing.

19.0 Meet and Confer. The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.

20.0 Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party , irrespective of the length of time for which such failure continues , shall not constitute a waiver of such Party's right to demand strict performance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

All of the remedies permitted or available to a Party under this Agreement , or at law or in equity, shall be cumulative and alternative , and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

21.0 Integrated Agreement; Construction. This Agreement , including any exhibit, schedule or addendum attached hereto, supersedes any other agreements , either oral or in writing , between the parties hereto with respect to the rendering of services hereunder , and contains all of the covenants and agreements between the Parties with respect to said services . The provisions of this Agreement shall be construed as a whole according to its common meaning of purposes of providing a public benefit and not strictly for or against any Party. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. In the event an inconsistency arises between any attachments (including any exhibit, schedule or addendum) and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent permitted successors and assigns.

22.0 Amendment; Modification. This Agreement may only be amended or otherwise modified upon written mutual agreement of each of the authorized representatives of the Parties.

23.0 Assignment. This Agreement is personal to the Consultant and may not be assigned 154
without the prior written approval of the Designated Official. Notwithstanding the foregoing, any assignment in violation of this Section by the Consultant is voidable in the City's so!e discretion.

24.0 Use of the Term "City." Reference to "City" in this Agreement includes City Manager or any authorized representative acting on behalf of City.

25.0 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental entity having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.

26.0 Execution Counterparts. This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this Agreement by a Party, and transmitted electronically as described in this Section to the other Party.

27.0 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California.

28.0 Survival. The provisions of Sections 8, 9, 10 and 12.0, shall survive for a period of four years following the termination or expiration of this Agreement, whichever is later. 155

29.0 Notices. Any written notice required by this Agreement shall be given by depositing such notice in the United States mai!, postage prepaid or by persona! delivery, and addressed as follows:

TO CITY:

The City of Burbank
Management Services Department
Attention : Veronica Wachowiak
301 East Olive Avenue, Suite 300
Burbank , CA 91502
VWachowiak@burbankca .gov
With a copy to:

The City of Burbank
Management Services Department
Attention: Betsy McClinton
301 East Olive Avenue , Suite 300
Burbank , CA 91502
EMcClinton@burbankca .gov
TO CONSUL TANT :

Return to Work Partners
Attention : Steve Monjaras
2201 East Willow Street, Suite 0#189
Signal Hill, CA 90755
[email protected]
All notices shall be effective upon deposit in the mail, as specified above , or personal delivery.

Either Party may change the specified person or address at which it is to receive notices by so advising the other Party in writing .

30.0 Safety Requirement. To the extent that Consultant performs any work on premises owned or leased by the City, the Consultant agrees that it shall comply with this Section. All work under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement.

The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Any hazardous condition noted by the Consultant, which is not the result of his operations , should immediately be reported to the City Project Manager . 156

31.0 Copyright. In the event Consultant creates an original work product as part of the Scope of Services ("work product"), Consultant agrees that work product is a work made for hire.

Consultant acknowledges that he/she received consideration for this work product and has no copyright interest in any of the work product, or in any copyright related to the work product. For example work product may involve: illustrations and graphic design services, digital and print branding services , photographs , Meta Tags, text, photographs whether edited or not, and other graphic images, appearing on the web sites or other applicable medium , domain names, log-in credentials for social media and other on-line electronic platforms . Further, if this Agreement is found by any court or other jurisdiction to not be a work-for-hire as defined in 17 U.S.C. 101 , then Consultant hereby transfers any and all interest of the copyright(s) in the work product to City. This transfer and assignment are irrevocable and in perpetuity .

Further, Consultant represents and warrants : 1) that all work product shall be original and not subject to any other ownership claims by third parties , and 2) if applicable , that consent by individuals depicted in any work product have been obtained and written releases will be delivered to City prior to the completion of the Scope of Services.

Consultant indemnifies and defends City as to any damages arising out of or relating to a breach of this warranty and representation.

If applicable, Consultant agrees to provide all log-in credentials for social media and other on-line electronic platforms to City within ten (10) days of establishing same, which shall allow City at any time with the ability to access , utilize and maintain the social media account or electronic on-line platform , should City choose to do so. In any event, upon the conclusion of Consultant 's services , Consultant shall no longer utilize any log in credentials or electronic on-line platforms.

32.0 Prevailing Wages. To the extent that the Consultant performs any work described in California Labor Code Section 1720(a)(1 ), including, but not limited to, inspection and land surveying work Consultant agrees that it shall comply with this Section. The Consultant, and any subcontractor or subconsultant working on behalf of the Consultant with respect to this Agreement, is required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and Consultant shall comply with all other requirements applicable to Public Works Construction as specified in the California Labor Code and/or Davis Bacon Act, if federal money is funding any part of this Agreement.

Furthermore, Consultant must register as a public works contractor with the California Department of Industrial Relations, if the compensation under this Agreement is greater than $25,000.
[Signature Page on the Following Page]
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In recognition of the obligations stated in this Agreement , the Parties have executed this Agreement on the date indicated above.
"CONSULT ANT"
Return to Work Partners
S1gna
Steve Monjaras
Name (Please Print)
President
Title
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Name (Please Print)
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Title
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"CITY"
City of Burbank
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Signature
Betsy McClinton
Name (Please Print)
Management Services Director
Title
ATTEST:

Office of the City Clerk
Standard Template
Approved as to Form
Burbank City Attorney 's Office
January 2023
By:

Chief Assi ant City Attorney
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159

EXHIBIT A
crnoc nc cc1::::n11r-cc "'"',,,_, r L. \JI ...:,L,..1, v I\J~U Consultant shall perform the following services for the benefit of the City:

Return To Work Partners proposes an hourly rate for the development of an Essential Function Job Analysis , Accommodation Meeting Facilitation and Management of Return To Work Program . EFJA and Accommodation Meetings will be completed on an as needed basis for open claims and on non-industrial related requests.

Essential Functions Job Analysis will be developed around our pre-formatted EFJA template. Each EFJA will have specific information based on information provided via existing job description, via interviews with incumbents and by observation . The EFJA will outline the following : Job Purpose ; Work Schedule ; Required Qualification ; Identification of Essential & Non-Essential Job Functions; Supporting documentation how Essential & Non Essential Functions were identified ; Physical Demands and frequencies ; Hand Activities and frequencies; Lifting and Carrying requirements; Equipment and Machinery Operated ; Mental & Psychological Demands ; Environmental Exposures ; Communications and Sensory Demands . Upon request additional physical and psychological demands can be added . This will enable City of Burbank to create a job bank that will meet your current and future needs.

Accommodation Meeting / Interactive Process will be developed around our pre formatted Interactive Accommodation Assessment Summary. Each Accommodation Meeting will be handled by an experienced consultant and will include the following services :

Contacts with all pertaining parties ; scheduling of meeting ; review and development of all supporting documents e.g. notices, follow-up , attaining precise work restrictions/limitations ; facilitat ion of the interactive process ; complete documentation of meeting ; development of return-to-work agreements and related supporting documents and obtaining signatures as needed.

All services will include the following complementary services :
• Complimentary Disability Compliance Assessments and the staffing and consultation of developing situations .
• Maintenance and cataloging of all Accommodation Meetings conducted by Return To Work Partners .

Ergonomic Evaluations will be billed at an hourly rate. Services will include an on-site evaluation , research/assessment of equipment needs and ergonomic equipment recommendation , which will be summarized in a formal Workstation Assessment Report with pictures of current situation . Each Workstation Assessment will be evaluated by various worksite components e.g. monitor , chair, input devices and overall office layout. Should the recommendations and equipment outlined in the submitted report be approved , a follow up visit by a consultant is recommended in order to ensure that all recommendations are appropriately applied. In addition , a follow up visit will help ensure the workstation encourages neutral work positions and ensures that the employee understands how to utilize any new equipment provided.
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All deliverables provided under this Agreement shall be in form and substance reasonably c:::::itic::fadnry tn r.ity .

EXHIBIT B

SCHEDULE OF COMPENSATION
The total compensation (including, any reasonable costs, expenses or reimbursements) payable by the City to the Consultant shall not exceed the Cost of Services as set forth in Section 3.0.

To the extent that the Schedule of Compensation includes any travel, hotel or other reimbursable expenses, such expenses shall be for actual and reasonable expenses incurred in the performance of the Scope of Services.

The Consultant and the City agree that the Consultant shall earn its compensation according to the following method:
□ Time and Materials: The City shall pay for the services on a time-and-material basis.

Consultant shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following rates:

Service Fees
Description of Service Professional Rate I Fees
Essential Functions Job Analys is $135.00 per hour
Professional Travel Time $135 .00 per hour
Mileage .67 per mile
Service Fees
Description of Service Professional Rate I Fees
Accommodation Meeting/ Interactive Process $250.00 per hour Professional Travel Time $250.00 per hour
Mileage .67 per mile
All services will include the following complementary services :
• Complimentary Disability Compliance Assessments and the staffing and consultation of developing situations .
• Maintenance and cataloging of all Accommodation Meetings conducted by Return To Work Partners.

Service Fees
Description of Service Professional Rate I Fees
Erqonomic Consult/ Evaluation/ Installation $150.00 per hour 161
Professional Travel Time $150.00 per hour
Mileaqe .67 per mile
Cost of Erqonomic Equipment Lowest Market Price
*We guarantee to match the lowest available market price on Equipment* A charge of 1 hour of professional time will be applied for any cancellation of meetings less than 24 hours in advance .

Litigated cases where a consultant is subpoenaed to appear for a deposition or trial will be billed at a rate of $300.00 per hour.

All services will be invoiced upon completion of assignment or every 30 days, whichever comes first. Payments are due within 30 days from invoice date, or a 1.5% late fee will be assessed every 30 days thereafter.

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EXHIBIT C

INSURANCE REQUIREMENTS
Consultant shall procure and maintain, for the Term of this Agreement , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant , its agents, representatives , employees or subcontractors .

A Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. 2.

3. 4.

Commercial General Liability : Insurance Services Office Form CG 00 01 covering commercial general liability insurance ("CGL") on an "occurrence " basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occur rence. If a general aggregate limit applies , either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least $2,000,000 .

Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1 ), or if Consultant has no owned autos , hired, (Code 8) and non owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage .

Workers ' Compensation: as required by the State of California , with statutory limits, and employer 's liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease .

Professional Liability or Errors and Omissions: Errors and Omissions insurance appropriate to the Consultant 's profession ("E&O Insurance"), with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate .

If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers , officials , employees , agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability K/ agmUpsa/2022 Final PSA Template (January 2023) 17
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coverage can be provided in the form of an endorsement to the Consultant 's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used) .

Primary Coverage
For any claims related to this Agreement , the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees , agents , and volunteers . Any insurance or self-insurance maintained by the City, its officers , officials , employees , agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide an endorsement that they are not subject to cancellation without thirty (30) days' prior written notice to the City or ten (10) days' prior written notice for non-payment of premium.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation , but this provis ion applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deduct ibles or self-insured retentions must be declared to and approved by the City.

The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations , claim administ ration , and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Such insurers shall be licensed to provide insurance under California state law.

Claims Made Policies. For the E&O Insurance Policy and any other insurance providing claims-made coverage (e.g., pollution liability insurance , if applicable) :

1. The "Retroact ive Date" must be shown , and must be before the Effective Date.

2. Insurance must be maintained and evidence of insurance must be K:/agmt/psa/2022 Final PSA Template (January 2023) 18
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provided for at least three (3) years after completion of the work required under the Agreement.

3. If coverage is canceled or non-renewed , and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement Effective Date, the Consultant must purchase "extended reporting " coverage for a minimum of three (3) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences . However , failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Cyber Liability Insurance
Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant 's profession , with limits not less than $2,000,000 per occurrence or claim , $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include , but not be limited to, claims involving infringement of intellectual property , including but not limited to infringement of copyright , trademark , trade dress, invasion of privacy violations , information theft, damage to or destruction of electronic information , release of private information , alteration of electronic information , extortion and network security . The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations . City shall inform Consultant if such insurance is required.

Contractors Pollution Liability and/or Asbestos Pollution Liability If Consultant's Scope of Services includes the handling or transportation of hazardous materials , Consultant shall maintain pollution liability and/or asbestos pollution liability applicable to the work being performed , with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. City shall inform Consultant if such insurance is required.

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1 STAFF REPORT
DATE: December 16, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
BY: Simone McFarland, Assistant Community Development Director SUBJECT: Adoption of a Resolution Authorizing the Execution of a Lease Agreement with Home Again Los Angeles to A Homeless Access Center Located at 2244 N. Buena Vista and Approval to Amend Fiscal Year 2025 -26 Budget to Appropriate Funds, and Authorize the Acceptance of Future Funds Under the Lease Agreement

RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A LEASE WITH HOME AGAIN LOS ANGELES FOR BURBANK’S HOME AGAIN LOS ANGELES (HALA) ACCESS CENTER LOCATED AT 2244 N. BUENA VISTA AND APPROVAL TO AMEND FISCAL YEAR 2025-26 BUDGET TO APPROPRIATE FUNDS,

AND AUTHORIZE THE ACCEPTANCE OF FUTURE FUNDS UNDER THE LEASE AGREEMENT (Attachment 1).

BACKGROUND
At City Council’s (Council) direction, staff has been working to develop approved plans and environmental documents for tenant improvements to the City -owned building located at 2244 N. Buena Vista. Concurrently, staff has negotiated a long-term lease with HALA (Attachment 2) and are seeking approval from Council to enter into the lease agreement with HALA, a non-profit homeless service agency.

The City owns the land and associated building located at 2244 N. Buena Vista (Property) 1 A “Fee Simple” title provides the landowner with complete/total ownership of a piece of land and all properties on it. The landowner may make any changes to the property if it falls within all established easements and zoning laws.

COMMUNITY

DEVELOPMENT
Consent Calendar
Item #7
166
2 built in 1949 by the City for use as a Burbank fire station. From 1994 through 2021, the Boys and Girls Club leased the Property. In May of 2021, the Boys and Girls Club vacated the Property, which is currently unoccupied.

In 2021, Council directed staff to prepare a Request for Qualifications (RFQ) seeking a non-profit that serves the Burbank community to lease the building. HALA was the successful responder to the RFQ. HALA wants to lease the building from the City to establish the HALA Access Center for Families, which includes four transitional housing units. The Project meets a goal in the City’s Five-Year Homelessness Plan (2022-2027) under Strategy 3: Create interim housing that can include shelters and/or transitional housing including a tiny home village.

In late 2022, Council approved a staff request to negotiate with HALA to lease the building. In June 2024, Council approved an Exclusive Negotiation Agreement (ENA) with HALA, who then provided a payment of $64,000 as a good faith deposit.

The Property building is in severe disrepair with no substantial improvements having occurred since its construction 70 years ago. Total project costs that include architectural, engineering, project and construction management, studies, insurance and bonds along with environmental documentation and permits, is estimated at $5,489,461. Additionally, the tenant improvement plans have been approved along with National Environmental Policy Act (NEPA) requirements. This project is exempt from the California Environmental Quality Act (CEQA) as the Project falls under the emergency shelter crisis, declared by the City Council on April 9, 2024, and complies with Government Code §8698.2 that exempts the improvements from CEQA.

Currently, the Project is fully funded and both HALA and the City will be contributing to project improvement costs . The City will be funding $4,386,572 t hrough Community Development Block Grant, Permanent Local Housing Allocations , and Redevelopment Loan Repayment Funds. Additionally, HALA has obtained two grants totaling $1,000,000 for the Project in cash along with in-kind donations (Attachment 3). The City funds were appropriated to the Capitol Improvement Project account.

DISCUSSION
Per Council’s direction to negotiate with HALA, staff proposes the attached Resolution (Attachment 1) and Lease (Attachment 2) for approval.

The terms of the lease include the following:

•

Term: A 20 -year lease with two , 15-year, mutually agreed upon in writing,

renewable extensions for a total term of 50 years. The lease will have an effective

start date upon the City’s issuance of a Certificate of Occupancy.

through a “Fee Simple” title1, which includes an approximate 4,500 square foot structure 167
3 • Rent: The amount of Rent payable to the City is as follows:
 Certificate of Occupancy - December 31, 2029: $1,500  January 1, 2030 – December 31, 2030: $1,750  January 1, 2031 – December 31, 2031: $2,000  January 1, 2032 – December 31, 2032: $2,500  Thereafter, beginning each January, the rent shall increase by 3% per year.

• Security Deposit: $5,000

• Project Costs: HALA will contribute $1,134,429 in cash and in- kind donations towards Project development as per the estimated project costs sheet. Should project costs exceed the estimated costs, HALA will be responsible for 20% of the excess not to exceed $1.2M total HALA cost. HALA has already provided a $64,000 deposit with the signing of the E NA. They will also provide award letters for grants totaling $945,000. The remaining contributions will be due to the City six months after construction begins.

The City will contribute $4,386,572 towards the Project per the estimated project costs. Should construction costs exceed the estimated cost, the City will be responsible for 80% of the excess costs, not to exceed $4.5M total City cost.

• Maintenance Costs: Each Party will be responsible for maintenance of the building per the Maintenance Matrix made part of the Lease located in Attachment

2. • Use: HALA must continuously use the Project site to operate a Homeless Access Center for families and children that will include four transitional housing units along with providing services and aid to Burbank residents that are either homeless or on the verge of homelessness. Burbank’s homeless families will be prioritized for access to the proposed housing. Residents will have access to the facility 24/7. Standard hours of operation will be Monday through Friday 8:30 am to 5:30 pm., excluding Federal holidays. HALA will provide 24- hour, seven days a week security when residents are living on the Project site.

• Oversight: HALA will submit goals and achievements to the City once every 12 months. City will be allowed to inspect the building monthly if there are any concerns with notice and once a year will conduct an overall inspection.

SURPLUS LAND ACT (SLA)
A lease that extends longer than 15 years is subject to the Surplus Land Act (SLA). A lease of land that is less than one-half acre in area (21,780 square feet) and is not contiguous to 168
4 land owned by a state or local agency that is used for open-space or low- and moderate- income housing purposes is not subject to the SLA under SLA Guidelines, section 103(c)(3)(A) Exemptions include: “Small Surplus Land Parcels”. This Property is 0.23 acres and is not contiguous to land owned by a state or local agency. Therefore, the Lease is not subject to the SLA.

COMMUNITY OUTREACH
Two community meetings were held for this project. A virtual meeting was held on Wednesday, March 5, 2025, and an in- person meeting occurred on Thursday, March 6, 2025. Approximately 35 people attended the meetings. While there were many questions about the project, there were no unmitigable concerns about the project during this meetings.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) as the Project falls under the emergency shelter crisis, declared by the City Council on April 9, 2024, and complying with Government Code §8698.2 that exempted the improvements from CEQA.

Furthermore, this approval involves a lease that would not result in any expansion of the buildings existing use. As such, this activity is exempt from CEQA under 14 CCR section 15301.

Also, in accordance with the National Environmental Policy Act, staff concluded that the proposed development is categorically excluded under Department of Housing Urban Development (HUD) regulations, 24 CFR, Part 58 et. al.

FISCAL IMPACT
Within the lease, HALA will contribute $1,134,429 in cash and in-kind donations towards Project development as per the estimated project costs sheet. Should project costs exceed the estimated costs, HALA will be responsible for 20% of the excess not to exceed $1.2M total HALA cost. HALA has already provided $64,000 as a good faith deposit.

Staff is requesting City Council authority to amend the Fiscal Year (FY) 2025-26 Adopted Budget by contributing $64,000 from account number 001.CD25A.85101.0370 (General Fund, Community Development Grants, Transfers to Other Funds, General City Capital Projects Fund) to 370.ND000.59500.0000 (General City Capital Projects, Non- Departmental, Contribution from Other Funds), and appropriate to account number 370.CD25A.70019.0000.24747 (General City Capital Projects, Community Development Grants, Building Improvements, 2244 North Buena Vista).

Staff is requesting City Council authority to accept future HALA contributions to the Buena Vista Project. Funds will be deposited into revenue account 370.CD000.58999.0000.24747 (General City Capital Projects, Community Development 169
5 General, General Miscellaneous Revenue, 2244 North Buena Vista) and appropriated to 370.CD25A.70019.0000.24747 (General City Capital Projects, Community Development Grants, Building Improvements, 2244 North Buena Vista). Staff will return to Council and request to appropriate when received.

Future rental income will be deposited into revenue accounts 001.CD000.45025.1039.24747 (General Fund, Community Development General, Rental, 2244 North Buena Vista) and 122.CD000.45025.1039.00000 (Community Development Block Grant, Community Development General, Rental) and staff will return to Council and request to appropriate when received.

CONCLUSION
In partnership with HALA, the Project will create an Access Center for families in Burbank along with four proposed transitional housing units. This aligns with the City’s Five-year Homeless Plan which calls for the addition of transitional housing units. These units would support homeless families, including parents and children suffering from domestic abuse.

Staff recommends Council approval of the Resolution and thereby, the lease agreement between the City and HALA, for the building located at 2244 N. Buena Vista.

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Lease Agreement
Attachment 3 – HALA Proof of Funds Letters
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ATTACHMENT 1 – 1
RESOLUTION NO. ________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BURBANK APPROVING A LEASE WITH HOME AGAIN LOS
ANGELES FOR BURBANK’S HOME AGAIN LOS ANGELES
(HALA) ACCESS C ENTER LOCATED AT 2244 N. BUENA
VISTA AND APPROVAL TO AMEND FISCAL YEAR 2025-26

BUDGET TO APPROPRIATE FUNDS, AND AUTHORIZE

THE ACCEPTANCE OF FUTURE FUNDS UNDER THE

LEASE AGREEMENT

THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:

A. The City owns a building located at 2244 N. Buena Vista (Property) through a “Fee Simple” title, which includes an approximate 4,500 square foot structure built in 1949 by the City for use as a Burbank fire station.

B. From 1994 through 2021, the Boys and Girls Club leased the Property. In May of 2021, the Boys and Girls Club vacated the Property, and the Property is currently vacant.

C. In 2021, Council directed staff to prepare a Request for Qualifications (RFQ) seeking a non-profit that serves the Burbank community to lease the building. Home Again Los Angeles (HALA) was the successful responder.

D. HALA, a non-profit homeless service agency, desires to lease the Property from the City to utilize as Burbank’s HALA Access Center for families. The Project includes four transitional housing units. The project meets a goal in the City’s Five- Year Homelessness Plan (2022-2027) under Strategy 3: Create interim housing that can include shelters and/or transitional housing including a tiny home village.

E. In late 2022, the Council approved a staff request to negotiate with HALA to lease the building.

F. In June 2024, Council approved an Exclusive Negotiation Agreement (ENA) with HALA, who then provided a payment of $64,000 as a good faith deposit.

G. The building is in severe disrepair with no substantial improvements having occurred since its construction 70 years ago. Staff has obtained estimated project construction costs. Total project costs that include architectural, engineering, project and construction management, studies, insurance and bonds along with environmental documentation and permits, is estimated at $5,489,461.

H. Additionally, the tenant improvement plans have been approved along with National Environmental Policy Act (NEPA) requirements. This project is exempt from the California Environmental Quality Act (CEQA) as the Project falls under the emergency shelter crisis, declared by the City Council on April 9, 2024, and complies with Government 171

ATTACHMENT 1 – 2
Code §8698.2 that exempts the improvements from CEQA.

I. This Property is 0.23 acres and is not contiguous to land owned by a state or local agency. Pursuant to the Surplus Land Act, SLA Guidelines, section 103(c)(3)(A) a lease of l and that is l ess than one -half acre in area (21,780 square feet) and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes is not subject to the SLA. Therefore, the Lease is not subject to the SLA.

THE COUNCIL OF THE CITY OF BURBANK RESOLVES AS FOLLOWS:

1. The forgoing recitals are true and correct and incorporated as if restated herein in their entirety.

2. Approval of a Lease For 2244 N. Buena Vista. The City Council has reviewed the terms of the proposed Lease and hereby approves the Lease, and all terms contained therein, with Home Again Los Angeles to operate the Burbank’s Home Again Los Angeles Access Center located at 2244 N. Buena Vista.

3. The City Manager or their designee is authorized to execute this Lease, any amendments thereto, or any other necessary documents to effectuate the Lease , on behalf of the City.

4. Environmental Review. The City Council exercises its independent judgment and finds, based upon the record before it, that this approval involves a lease that would not result in any expansion of its existing use. As such, this activity is exempt from CEQA under 14 CCR section 15301. Additionally, the project is exempt from the California Environmental Quality Act (CEQA) as the Project falls under the emergency shelter crisis, declared by the City Council on April 9, 2024, and complying with Government Code §8698.2 that exempted the improvements from CEQA.

Moreover, the Project is categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements, and no further environmental review is necessary.

5. Surplus Lands Act Declaration of Exemption. The City Council hereby finds and declares that the Lease is not subject to the Surplus Lands Act (“SLA”) under SLA Guidelines, section 103(c)(3)(A): “Small Surplus Land Parcels. Land that is: Less than one- half acre in area (21,780 square feet) and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.” This Property is .23 acres (10,018 square feet) and is not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes. .

6. T he City Clerk is authorized to attest to this Lease.

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ATTACHMENT 1 – 3

7. The Financial Services Director, or her designee, is hereby authorized to appropriate any future funds received under the Lease agreement.

PASSED and ADOPTED this __ day of _____, 2025.

___________________________
Nikki Perez
Mayor

Approved as to Form:

Attest: Office of the City Attorney

________________________ By: ________________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______ 2025 by the following vote:

AYES:

NOES:

ABSENT:

__________________ ___________________
Kimberley Clark, City Clerk

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1 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com Facility Modernization Assessment
2244 N Buena Vista St/Old B&G Club
BY: Architecture Plus Inc
Date: November 01, 2021
ATTACHMENT 2 - 39
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2 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com November 01, 2021
Dean Pearson – Project Manager
City of Burbank Public Works
124 S. Lake Street
Burbank, CA 91502
Subject: 2244 N Buena Vista St/Old B&G Club Facility Modernization Assessment Dear Mr. Pearson:

The purpose of this assessment is to observe and provide an overview of the scope, costs, and minimum investment necessary to modernize the facility located at 2244 N. Buena Vista, Burbank, CA 91504 for the City of Burbank Public Works. The scope of this analysis is not to identify requirements to solely meet current code requirements, but to observe and provide findings that would provide due diligence in overcoming any apparent deficiencies with regard to safety, functionality, efficiency, ADA accessibility and marketability.

To accomplish this effort Architecture Plus performed an onsite walk with various professionals to assess the condition of the existing structural, electrical, mechanical, plumbing, roofing and fire life safety aspects of the project.

We examined only conditions that could be visually observed. Dimension verification was not conducted to confirm required slopes or clearances. These activities are outside the scope and the City’s intent of this project. Although limited in scope, our evaluation and this report should be sufficient to provide the information you require and to determine the investment in scope and cost this facility represents to the city.

Findings and Recommendations:

General
The main building is a one-story structure, approximately 4,500 SF structure, located on a busy street (Buena Vista), adjacent to an alley way on the north and a single-family residence on the south with 3 on -grade parking spaces at the front . The exterior walls are concrete, with an aluminum storefront entry. The main building has a flat roof with a parapet. The site also includes two temporary (wheeled-on portables of) structures; One structure of approximately 850 SF laid out as a multipurpose room and the other of approximately 280 SF include restrooms. Temporary structures because the cost of improvement typically exceeds the cost of replacement , the temporary structures were not evaluated for modernization requirements.

ATTACHMENT 2 - 40
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3 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com Overall Front @ Buena Vista
Campus Plan
Existing Main
Building
Existing Temp.

Structures
Buena Vista
Existing
Basketball Court
Bldg. Entrance
ATTACHMENT 2 - 41
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4 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com

Building Exterior (Front @ Buena Vista) Rear of Main Bldg.

Overall Rear of Main Bldg.

ATTACHMENT 2 - 42
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5 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com ATTACHMENT 2 - 43
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6 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com

Classrooms Main Building Interior Main Apparatus Room

Interior Main Building

Existing roof at Main Building.

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7 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com 1 Site
The site consists of a main building, a modular restroom building, a modular computer room and a series of wood framed storage sheds. The site is primarily paved with asphalt and concrete. The surface appears to have sufficient slopes to evacuate storm water. Signs or drainage related deficiencies were not observed.

Much of the existing planting will need to be replaced and the irrigation system will need repair and maintenance. The storage sheds at the rear e xterior are generally in good condition and can remain as is. The basketball court will need to be resurfaced if the painted court will not be reused but repurposed.

2 Haz Mat and Abatement
The main building includes limited asbestos containing material (ACM), lead containing materials, (PB), and other typically hazardous cont aining materials for a facility of this age including, but not limited to fluorescent light bulbs, mercury light bulbs, and specific components related to HVAC Package Units. The necessary abatement required for either working on the facility, and or abating the hazard altogether are minor and shall be mitigated as possible with the associated work and, or, if possible, as one coordinated effort.

Please note the following information required by law:

LEAD DISCLOSURE
Since lead-based paint was identified on the site, a copy of this report or a summary must be provided to new lessees (tenants) and purchasers of this property under Federal law (Title 24 Code of Fed eral Regulations (CFR), part 35 and Title 40, CFR, part 745) before they become obligated under a lease or sales contract. The complete report must also be provided to new purchasers, and it must be made available to new tenants. Landlords (lesso rs) and sellers are also required to distribute an educational pamphlet and include warning language in their leases or sale s contracts to ensure that parents have the information they need to protect their children from le ad-based paint hazards. Haz Mat reports should be referenced in detail prior to any work on the existing facility.

3 Structural and Seismic Strengthening

The existing building is a single-story structure with poured in place concrete exterior walls and steel bar joists roof structure.

The main building will fall under the mandatory wall anchorage and Section 7-150 of the City of Burbank Building Code for “Earthquake Hazard Reduction in Existing Reinforced Concrete Wall and/or Reinforced Masonry Wall Buildings with Flexible Diaphragms. This will require seismic retrofitting for the entire building.

ATTACHMENT 2 - 45
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8 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com 4 Roofing and Waterproofing

The existing modified bitumen built-up roof system covering the main roof sections was found to be in generally poor overall condition and at the end of its service life.

The flat seamed metal panel roof system covering the lower-level south roof section was found to be in fair overall condition capable of providing for an additional 5 to 7 years of service life before restoration or replacement may need to be implemented. However, because it will be more cost effective to install a new roof system over this roof section during the roof project of main roof sections, it is recommended to replace this roof area at this time.

Drainage is accomplished using sumped primary roof drains and through-wall primary and overflow scupper flashings. A rain gutter assembly is present along the south roof edge of the lower-level roof section. Drainage areas, gutter flashings, and downspouts should be cleaned of accumulations of dirt, foliage debris and trash to ensure proper uninterrupted flow to drain occurs.

Apart from cracked seals at the corners of drain sumps, no other drainage related deficiencies were identified at this time.

Based on the recommendations of an independent roof and waterproofing consultant and considering the scale and scope of the entire work effort, we are recommending entire roof replacement.

The replacement would include the installation of a Cool Roof Rating Counsel (CRRC) approved and Energy Star® rated, white, mechanically attached, 80 mil thick, fleeced-backed PVC single-ply roof system installed over the properly prepared existing roof system.

5 Energy- Required and Voluntary Modernization

As a part of the energy management upgrades it is recommended that the exterior walls be furred and insulated with rigid insulation , The roof should be insulated with R-30 batt insulation. The existing windows are single pane in many locations, and it is recommended that the windows be replaced with energy efficient low E type glazing to reduce energy costs.

6 Kitchen Cabinetry, Other Casework

The existing cabinetry and countertops in the kitchen and restrooms are at the end of their serviceable life and will require required and voluntary modernization. The replacement scope will include existing cabinets building be replaced with commercial grade AWI cabinetry that compl y with current ADA reach and knee space requirements.

ATTACHMENT 2 - 46
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9 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com The restroom in the main building and modular building will need to have toilet and urinal partitions added for privacy.

The cl assrooms will need cabinetry added for storage of equipment and or supplies.
7 Finishes and Fixtures (General tenant improvements)
The existing suspended ceiling will likely require additional compression structs, seismic wiring and seismic joints in the larger room as well as tile replacement where needed.

Exterior walls to be furred and drywalled with (smooth) level 5 finish and painted thru-out concealing all exposed surface mounted conduits. The existing carpet in classrooms is in very poor condition and shall be removed and replaced with VCT with 4” rubber top set base. Restroom tile will be replaced entirely with new tile and hardwall surfaces.

Kitchen equipment/appliance shall be replaced with Energy Star appliances. 8 Interior and Exterior Painting
The existing interior /exterior walls contain a lead-based paint which sh all be mitigated prior to any disturbance of material with walls prepped and new paint applied. Existing interior doors and jambs also have lead based paint and should be prepped and finish paint applied.

Exterior stucco walls will need to be prepped and receive a compl ete painting including the metal surfaces at the low roof area adjacent to the kitchen, facias and drip edges will need to be abated where lead-based paint exists and prepped, primed and finish paint applied.
9 Fire, Life, Safety Systems
The City of Burbank has adopted amendments to the California Building and Fire Codes which will require all three of the buildings in the complex to be provided with fire sprinkler systems. A new fire service should be provided off the city water main in Buena Vista Street along with a double check detector assembly (DCDA) backflow and a fire department connection (FDC) installed outside the building. A fire sprinkler riser should be installed on the outside of the building, with a waterflow alarm switch and combination main drain and inspector’s test connection. The waterflow alarm switch and valve tamper switches should be monitored by a new Fire-Lite fire alarm control panel in the main building. any open fire alarm system wiring in the main building should be installed in conduit.

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10 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com 10 Mechanical
The existing equipment consis ts primarily of Trane and Rheem gas/electric rooftop package units, manufactured in or prior to 2007. The existing mechanical equipment is at the end of it’s projected 15 -year service life and will require replacement of equipment to meet current code and energy requirements. 11 Electrical and Low Voltage Systems
The existing lighting is a mixture of LED and fluorescents replacement lamps and fixtures. Lighting control for the main community center are LED and controlled by a local dimming switch. It is recommended to replace fluorescent fixture with LED style fixtures. Exterior lighting is original incandescent/ HID that has been re lamped with LED type bulbs. Old wiring shall be replaced as it is discovered- Lighting Control Sections with indication of old wiring.

Branch circuit receptacle outlet devices shall be replaced with new including all GFCI receptacles.
-Existing emergency lighting is on individual battery system. Replace existing emergency lighting with new individual battery backup light fixtures.

The Main service shall be replaced and located outside the facilities. The proposed new location will need to be coordinated with Burbank Water and Power. The new service will include branch circuit sub panels for branch circuits.

In addition to a new service panel the 200 Amp metered panel will be removed with the bungalow panels being picked up from the new service and refeed the existing bungalow panels. New sub panels shall be 200amp, 120/240V, single phase 3 wires. Replace branch circuit outlets that are worn out and replace old cloth wiring.

Install new low voltage Cat6e cable throughout the Main Building for Data, Telecon, and as needed to support new equipment as applicable. 12 Plumbing Systems
The plumbing system is original to the facility and at the end of its useful service life. In addition to the scope of other repairs and modernization, the entire plumbing system will require replacement of existing galvanized waterlines with copper. The sewer from POC at the street to the building entry w ill need to be inspected with a camera to verify its current condition. The water heater will require upgrading because of age and efficiency. Modernization of the restrooms remodel will require opening floors, walls and ceilings for replumbing as needed to accommodate changes. The gas system and earthquake requirements will need to be upgraded as needed with this work.

ATTACHMENT 2 - 48
221
11 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com 13 ADA Related Compliance
The last ADA related improvements were last completed approximately 20-25 years ago. ADA code changes and compliance is mandatory and almost any facility modernization will trigger required compliance. It is recommended and assumed that ADA related improvements will be required. The scope of these upgrades would include accessible parking (1 car and 1 van space) with required signage and striping as well as path of travel (POT) to the entry door, including and not limited to ramps, railing, signage, doors throughout, new cabinetry, and all other typical ADA related modernization.

Temporary Ramps and
Restroom
ATTACHMENT 2 - 49
222
12 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com 14 Exterior
The exterior of the Main Building is in fair to good condition and will require minor gutter, downspout, and plaster repairs prior to a complete repainting of the exterior (see Interior and Exterior Painting Assessment above) The storage sheds at the rear exterior are generally in good condition and can remain as is.
15 Existing Temporary Facilities
The restroom building will need to be modernized to accommodate the current ADA accessible restroom requirements which will include accessible sinks, stalls, urinals, water closets, hardware, and accessories.

Assume that if the temporary structures are left in place that maintenance, repair will be required to improve the facilities to a level of use. The work will not include modernization, only standard maintenance related activities including, but not limited to:
-Painting
-Small repairs
-Roof maintenance
-Cleaning
Existing heating and cooling equipment for the temporary structures will require and or replacement.

Temporary Ramps and Restroom
ATTACHMENT 2 - 50
223

13 1045 Foothill Boulevard
La Canada, CA 91011
{architecture plus, inc.} • residential • commercial • construction Phone: (818) 952-8143
Fax: (818) 864-6543 www.architectureplusstudio.com The existing sprinklers in both the restrooms building and the computer building are not currently connected and shall be supplied by the new proposed sprinkler riser at the Main Building by connecting to the existing capped sprinkler main outside each building if the structures are to be used. Proper existing sprinkler pipe hanging and bracing should be verified in both buildings.

The fire alarm notification devices (strobes and horn/strobes) should be extended into both the restrooms building and the computer building and connected to and controlled by the existing fire alarm control panel in the main building.

16 General, soft or professional fees

It is anticipated that the professional fees to prepare architectural and engineering design for the work described in this report would be in the range of approximately 25% of the total construction costs.

Conclusion
The following assessments will provide a rough order of magnitude of potential scope and costs for observed potential deficiencies with the buildings structure, architectural, HVAC, mechanical systems, electrical systems, plumbing, fire life safety systems and roofing systems.

Greg Powell, Principal Architect

ATTACHMENT 2 - 51
224
10/11/2021
Discipline Description
Estimated costs
low
Estimated costs
high
Hardscape
Planting
Irrigation
Subtotal 6,000.00$ 18,000.00$
Mitigate lead based paint
Relamping
Miscellaneous abatement
Subtotal 15,000.00$ 38,000.00$
Lateral bracing MEP misc.

Mandatory wall anchorage misc.

Subtotal 25,000.00$ 115,000.00$
Corrective work
Reroof with new membrane
Subtotal 35,650.00$ 83,875.00$
Replace single pain windows
Insulate walls and roof
Subtotal 38,000.00$ 83,000.00$
Replace kitchen cabinets and countertops
Restroom cabinetry
Miscellaneous shelving and storage
Subtotal 10,000.00$ 40,000.00$
Upgrade existing ceiling wiring
Furr exterior walls and drywall
Subtotal 25,000.00$ 57,000.00$
1 SITE
3 STRUCTURAL
2 HAZ MATERIAL and

ABATEMENT
4 ROOFING/

WATERPROOFING
5 ENERGY - Required
and Voluntary
Modernization
7 FINISHES AND
FIXTURES (General
Tenant
Improvements)
6 Kitchen cabinetry
and other casework
Project: 2244 N Buena Vista St / Old B&G Club Facility Modernization Boys and Girls Club

FEE MATRIX
1 of 3
ATTACHMENT 2 - 52 225
10/11/2021
Prep walls/doors prime and paint
Paint interior and exterior
Subtotal 10,000.00$ 20,000.00$
City Water Supply Connection
Backflow Assembly & Sprinkler Riser
Main Bldg. Sprinklers
Supply to out bldg. Sprinklers
Fire Alarm devices in out Bldgs.

Upgrades to existing Fire Alarm
Panels
Subtotal 100,000.00$ 175,000.00$
Minor repairs of existing system
Replace restroom Maravair unit
Replace 3 rooftop backage units at the Main
Subtoal 25,000.00$ 80,000.00$
New electrical 440A Service
New 200A branch circuit panel
New lighting control
New Feeders to Bungalows
Mechanical connections
New Branch Circuit Outlets
New LED LightFixture
Subtotal 35,000.00$ 68,000.00$
New plumbing fixtures in restroom and kitchen
Replace galvanized piping
Replace water heater
Repair dowspouts and gutters
13 ADA RELATED

COMPLIANCE
Ramps and railing
Subtotal
8 INTERIOR AND

EXTERIOR PAINTING
9 FIRE, LIFE, SAFETY

SYSTEMS
11 ELECTRICAL
10 MECHANICAL
Provide required straping and insulation
Handicapped parking
Signage
Repair plaster
14,000.00$ 25,500.00$
$ 45,000.00 $ 15,000.00 Subtotal12 PLUMBING
2 of 3
ATTACHMENT 2 - 53 226
10/11/2021
Subtotal 150,000.00$ 250,000.00$
506,650.00$ 1,111,875.00$

SOFT COST FOR

PROFESSIONAL
SERVICES (25%) 126,662.50$ 277,968.75$

ESTIMATED TOTAL
COSTS 633,312.50$ 1,389,843.75$

SUBTOTAL

CONSTRUCTION COSTS
Roof maintenance
New stallsCOMPLETE

MODERNIZATION OF

TEMPORARY

FACILITIES
14 EXTERIOR 13,500.00$ Subtotal 3,000.00$
New plumbing fixtures and cabinetry
Small repairs
3 of 3
ATTACHMENT 2 - 54 227
ATTACHMENT 2 - 55
228
ATTACHMENT 2 - 56
229
ATTACHMENT 2 - 57
230
ATTACHMENT 2 - 58
231
ATTACHMENT 2 - 59
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ATTACHMENT 2 - 60
233
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C. 20410-1000

OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
Grant Number: B-24-CP-CA-0332
Grantee/Recipeint: Home Again Los Angeles
Tuesday, August 27, 2024
Albert Hernandez
2321 North Catalina Street
Burbank, CA 91504
Home Again Los Angeles
Email: [email protected]
Project: Access Center and Tiny Home Village for Unsheltered Families Amount: $500,000
Chief Executive Officer
Dear Community Project Funding Grantee,
HUD Grant Officer Njeri Santana-Carter / [email protected] HUD System Officer: Quiana.A.Johnson / [email protected] HUD Regional Environmental Officer: Elizabeth McDargh / [email protected] In the Consolidated Appropriations Act, 2024 (Public Law 118-42) (the FY2024 Act), and the Further Consolidated Appropriations Act, 2024 (Public Law 118 -47) (the Further FY2024 Act) Congress made $3,290,054,336 in funding available for Community Project Funding (CPF). These CPF awards are administered by the Department of Housing and Urban Development (HUD). HUD received the information below about your project from Congress. A Grant Number has been added and will be the unique identifier for your project throughout the grant process.

This letter outlines initial grant award requirements and information needed from you to get started. This Grant Award Package also includes: The “FY2024 Community Project Funding Grant Guide” (FY2024 CPF Grant Guide), the template for your FY2024 Community Project Funding Grant Agreement, and the forms required to complete and submit information online to populate before we sign your FY2024 CPF Grant Agreement. A brief overview of these documents is below:
1) FY2024 CPF Grant Guide: The FY2024 CPF Grant Guide provides instructions for completing the requested information and filling out the required administrative forms to initiate your FY2024 CPF Grant Agreement. Please refer to this document as it includes important information and forms for accessing the online system (DRGR), as well as other information concerning reporting requirements.

Attachment 3: HALA Proof of Funds
ATTACHMENT 3 - 1
234
2) FY2024 CPF Grant Agreement for this Award: The FY2024 CPF Grant Agreement specifies the applicable statutory provisions, regulations, and administrative requirements for this award. Please make sure all grantee information and award-specific information is entered completely and accurately before signing this Agreement. When you submit your grant materials on our DRGR Grant Processing Module it will create your customized FY2024 CPF Grant Agreement.

3) Standard Forms and Required Materials: The following forms will be needed:
a. Form HUD-1044, Assistance Award/Amendment Form (Attached) b. Standard Form–424 Application for Federal Assistance (in the online system) c. SF-424-B, Assurances for Non construction Programs, and/or SF-424-D, Assurances for Construction Programs (in the online system)
d. SF-LLL Disclosure of Lobbying Activities (as applicable in the online system):
https://www.grants.gov/forms/forms-repository/sf-424-family e. SF-1199A - Direct Deposit Sign-Up Form: https://www.gsa.gov/system/files/SF1199A -

20.pdf The form is to be completed by the grantee and grantee’s financial institution.

Grantees will need to submit the completed form and upload to DRGR.

Grant Award Process Overview

Below is a step-by-step walk-through of the process and necessary documents and forms to execute your FY2024 CPF Grant Agreement. This process and the forms are also available in the FY2024 CPF Grant Guide, which can also be found on the program’s webpage at:
https://www.hud.gov/program_offices/comm_planning/edi -grants/FY_2024 on HUD.gov and on this webpage https://www.hudexchange.info/programs/cpf/ on the HUD Exchange.

1. Grantees should review the Grant Award Package documents.

2. Grantees should initiate or complete the HUD environmental review.

3. Grantees gather all required information and submit to HUD using the online system DRGR.

4. HUD provides access to DRGR system to access the Grant Processing Module to submit required information, answer questions, and upload documents. Once all required information is submitted online HUD will review the completed grant materials submitted.

5. HUD staff will review the information and documents for completeness. If there are any deficiencies the corrections and/or clarifying questions will be shared with the grantee for correcting or answering the clarifying questions. If not, HUD staff will submit the package internally for a second level review. Then, the Acting Director for the Congressional Grants Division will review the grant package. Finally, your Grant Agreement will be executed.

6. HUD will notify the grantee that their FY2024 Grant Agreement has been fully executed and will share additional materials with the grantee to complete to begin the payment processing activities to receive your funds.

Page 2 ends

Burbank City CouncilDecember 16, 2025

Burbank City Council
December 16, 2025