2-1 1 ADMINISTRATION

The Seal of the City, hereby adopted, shall consist of a curved banner inscribed with the words “City of Burbank,” below which shall be inscribed a centered hexagon containing a depiction of City Hall, which centered hexagon shall have inscribed tangent to its lower left side another hexagon of equal size containing a frontal depiction of an airborne aircraft and which same centered hexagon shall have inscribed tangent to its lower right side a third hexagon of equal size containing a depiction of a motion picture film and klieg light, all three of which hexagons shall surmount an area generally of an inverted triangular shape containing a stylized depiction of the sun rising over the Verdugo Mountains, and on the truncated bottom of which triangle shall be inscribed the words “Incorporated 1911”. [Formerly numbered Section 2-3; renumbered by Ord. No. 3058, eff. 2/21/87; 2645.]

2-1-104: POWERS:

See Charter Sections 200, 400³. [Formerly numbered Section 2-4; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-105: APPLICATION OF GENERAL LAW CITY LAWS:

See Charter Section 215⁴. [Formerly numbered Section 2-5; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-106: FISCAL YEAR:

See Charter Section 1000. [Formerly numbered Section 2-6; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 2. LEGISLATIVE

2-1-201: COUNCIL:

See Charter Section 305. [Formerly numbered Section 2-7; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-202: COMPENSATION OF COUNCIL MEMBERS:

A. AMOUNT OF SALARY: Each member of the Council shall be paid a monthly salary in an amount equal to the maximum amount authorized to be paid to Council Members of general law cities of similar population by Section 36516 of the Government Code of the State of California as the same may be from time to time amended.

B. ADJUSTMENT TO COMPENSATION:

1. Pursuant to Government Code Section 36516, beginning on March 3, 2024, the salary for each Council Member shall be increased to $1,900.00 a month.

2. Thereafter, the salaries shall be adjusted by ordinance of the City Council in an amount not to exceed that amount allowed for increase by Government Code Section 36516(a) and any amendments thereto.

3. In lieu of adjustment by ordinance of the City Council, the Council may submit the amount of compensation of Council Members to the electors of the City of Burbank, as provided for in Government Code Section 36516(b) and any amendments thereto. [Added by Ord. No. 2963. Amended by Ord. No. 24-4,004, eff. 2/23/24; 23-4,000; 19-3,919; 15-3,866; 3732, 3691, 3634, 3494, 3456, 3392, 3355, 3227, 3178, 3058.]

2-1-203: MEETINGS:

A. TIME: The Council shall hold regular meetings on at least two Tuesdays of each month, which meetings shall be determined annually by the City Council upon recommendation from the City Manager. The open session of each regular meeting for the conducting of agendized City business of the Council shall begin at such time as the Council may determine from time to time by resolution. Closed Sessions may be held prior to the agendized time of the open session, with the beginning time thereof noted on the posted agenda. However, prior to holding such closed sessions the Council shall convene in open session only for the limited purpose of receiving Public Comment on Closed Session items. The Council may, by resolution, make rules for conducting its proceedings, and for determining the order of such proceedings.

B. PLACE: All regular meetings of the Council shall be held in the Council chamber on the second floor of the City Hall of the City unless the Council chamber are determined by vote of the Council to be inadequate or unavailable for a meeting, in which event the Council may designate some other suitable place in the City for the conduct of such meeting. Reasons for such determination may include, but are not limited to, disaster (declared or undeclared), destruction of City Hall or the Council Chamber, remodel or reconstruction of City Hall or of the Council’s, or anticipated or actual overcrowding. If the determination to hold a regular meeting at a place other than the Council chamber is made prior to the meeting date, notice of the change in place for conduct of the meeting shall be published prior to the meeting in a newspaper of general circulation published or circulated in the City, and a copy of the notice shall be posted on the Council Chamber door for at least 72 hours prior to the time scheduled for the meeting and during the meeting. If the Council adjourns its meeting from the Council Chamber to another place, notice of such adjournment shall be posted on the Council Chamber door during the time the meeting is being held. [Formerly numbered Section 2-8; amended by Ord. No. 20-3,933, eff. 4/17/20; 3728; 3547, 3458; 3446, 3304, 3058, 3056.]

2-1-204: CLOSED SESSIONS; VIOLATION OF CONFIDENTIALITY A MISDEMEANOR; MEMBERS-ELECT:

A. Disclosure Prohibited; Exception: No member of the Council or other person in attendance at a lawful closed session of the Council may disclose to any person any information about or concerning any report, communication, discussion or any other matter discussed, considered or decided in such session, except as may be permitted or required by law or authorized or sanctioned by the Council.

B. Confidential Briefing of Absent Council Member: Any member of the Council not in attendance at a closed session of the Council may be briefed by the Mayor, the City Manager or the City Attorney, as to what occurred at such session and when briefed shall refrain from disclosing such information except as may be authorized or sanctioned by the Council.

C. Disclosure to City Manager or City Attorney: If authorized or sanctioned by members of the Council in attendance at a closed session of the Council, the Mayor may brief the City Manager or the City Attorney, or both, concerning any report, communication, discussion or other matter discussed, considered or decided in such session. Such information shall not be disclosed by the City Manager or City Attorney except as may be authorized or sanctioned by the Council or necessary to implement the Council’s instructions.

D. When Not Applicable: This section does not prohibit the disclosure of any matters discussed, considered or decided at a closed session that the Ralph M. Brown Act (Sections 54950 et seq., of the Government Code) does not authorize to be discussed, considered or decided at such session, nor does this section prohibit the disclosure of any other violation of said act.

E. Members Elect: Any person elected to serve as a member of the City Council who has not yet assumed the duties of office shall be allowed to attend any and all closed sessions of the Council, unless such attendance is affected by another provision of law, and shall be subject to all the requirements of this section and of the Ralph M. Brown Act (Sections 54950 et seq., of the Government Code). [Added by Ord. No. 2732; formerly numbered Section 2-8.5; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3576, eff. 6/16/01; 2797.]

2-1-205: AGENDA:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-9, Ord. No. 3348, eff. 7/24/93; 3304, 3058, 3056, 2396, 2328.]

2-1-206: ORDER OF BUSINESS:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-10; amended by Ord. No. 3456, eff. 3/22/97; 3446, 3409, 3304, 3058, 2619.]

2-1-207: PRESIDING OFFICER; CALL TO ORDER:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-11; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-208: DUTIES OF PRESIDING OFFICER:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-12; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-209: ROLL CALL:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-13; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-210: QUORUM⁵:

A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. When there is no quorum, the Mayor, Vice Mayor, or any member of the Council shall adjourn such meeting or, if no member of the Council is present, the City Clerk shall adjourn the meeting; provided, however, that no special meeting shall be adjourned for lack of a quorum without the issuance call therefor as required by the Charter. [Formerly numbered Section 2-14; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-211: READING OF MINUTES:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-15; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-212: RULES OF DEBATE:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-16; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-213: ADDRESSING THE COUNCIL:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-17; amended by Ord. No. 3409, eff. 9/30/95; 3304, 3058.]

2-1-214: ADDRESSING THE COUNCIL AFTER MOTION MADE:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-18; amended by Ord. No. 3304, eff. date, 9/25/92; 3058.]

2-1-215: MANNER AND TIME LIMITS FOR ADDRESSING COUNCIL:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-19; amended by Ord. No. 3513, eff. 4/17/99; 3304, 3138, 3058, 2535.]

2-1-216: DECORUM AT MEETINGS OF THE CITY COUNCIL, BOARDS, COMMISSIONS OR COMMITTEES:

A. By Council Members: While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided.

B. By the Public: Any person present at a meeting of the Council, or of any local body created by state or federal statute, or any board, commission and/or committee, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution or formal action of the Burbank City Council, and which is subject to the provisions of the Ralph M. Brown Act, who willfully disturbs the peace and quiet of such meeting, or any person thereat, by making any loud and/or unusual noise, or by tumultuous or offensive conduct, or by threatening, quarreling, challenging to fight, fighting, or interrupting the proceedings of such meeting or refusing to keep quiet when ordered to do so by the presiding officer or by the Sergeant at Arms, or who refuses to keep quiet and be seated when the allotted time to speak has expired or when another person has been recognized and is speaking; or who, on the order of the presiding officer fails to abide by the regulations adopted by the Council relating to the display of signs in the Council chamber, shall be guilty of a misdemeanor. [Formerly numbered Section 2-20; amended by Ord. No. 16-3,874, eff. 3/11/16; 3625, 3547, 3459, 3304, 3058, 2917.]

2-1-217: ENFORCEMENT OF DECORUM; SERGEANT AT ARMS:

A. The Chief of Police, or such member or members of the Police Department as the Chief of Police may designate, shall be Sergeant at Arms of the meetings of the Council, and any other City agency or authority then meeting in conjunction with the Council. For the purpose of maintaining order and decorum at any such meeting, the Sergeant at Arms shall carry out all orders and instructions given by the presiding officer, and shall enforce all laws, statutes and ordinances applicable to such meeting.

B. The presiding officer or the Sergeant at Arms, upon instructions of the Presiding Officer, or as deemed necessary by the Sergeant at Arms, is authorized and empowered to do any or all of the following to any such person who commits any one or more of the acts described above in Section 2-1-216 of this code:

1. To remove such person from the publicly owned property on which the meeting is occurring, including, but not limited to, the City Council chamber or other meeting place, and the surrounding building and/or adjacent or abutting publicly owned parking areas. Any such person described above who is removed from a meeting for committing any one or more of the above described acts shall be required to exit the city property on which the meeting is being held, including any adjacent or abutting publicly owned parking lots and shall not be allowed to return to said city property for a period of not less than three hours after the adjournment of the meeting at which the misconduct referred to above occurred. Failure to exit the building upon being directed to do so or returning to City property after being removed therefrom by the Sergeant at Arms or any Burbank Police Officer present, shall constitute a misdemeanor.

2. To bar said person from future meetings for a specifically designated period of time not to exceed 30 days; and/or

3. To cause such person’s arrest, issue a citation, and/or, refer the matter to the City Attorney’s office for prosecution, as appropriate.

C. The Sergeant at Arms or any Burbank Police Officer present shall refuse the admittance of any individual(s) into the Council chamber (or any other location used for a Council meeting) whenever the maximum occupancy has been exceeded, or whenever the Fire Chief, or their designee, has determined the existence of overcrowding conditions in accordance with Section 107.6 of the California Fire Code, and shall order such person(s) to remain outside the Council chamber until such condition has been alleviated. The Sergeant at Arms shall also be responsible to require individuals standing in the Council chamber to take a seat, or shall order the removal of any materials placed in the aisles in order to keep the aisles open and passable. Should there not be enough seats for those wishing to attend the Council meeting, the Sergeant at Arms may direct those not having a seat to exit the chamber.

D. Failure to comply with an order of the Sergeant at Arms or any Burbank Police Officer present shall be a misdemeanor. [Formerly numbered Section 2-21; amended by Ord. No. 3625, eff. 7/26/03; 3547, 3304, 3058, 2917.]

2-1-218: PERSONS AUTHORIZED TO BE WITHIN RAIL:

No person, except City officials and/or their representatives shall be permitted within the rail in front of the Council chamber without the express consent of the Council. [Formerly numbered Section 2-22; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-219: ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS⁶:

A. Preparation of Ordinances: All ordinances shall be prepared or approved by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested in writing by the City Manager, or prepared by the City Attorney on their own initiative.

B. Prior Approval by Administrative Staff: Before presentation to the Council, all ordinances, resolutions and contract documents shall have been approved as to form by the City Attorney or their authorized representative, and where there are substantive matters of administration involved, shall have been examined and approved for administration by the City Manager, or their authorized representative. Before approval by the City Manager, or their representative, all such instruments shall be referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve and be approved by said department head; provided, however, that if approval is not given, then the same shall be returned to the City Manager with a written memorandum of the reasons why such approval is withheld. In the event the questioned instrument is not redrafted to meet a department head objection and their approval in writing given, the City Manager shall advise the Council of such fact, informing them of the reasons advanced by the department head for withholding approval. [Formerly numbered Section 2-23; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-220: SILENCE CONSTITUTES AFFIRMATIVE VOTE:

[Repealed by Ord. No. 3547, eff. 8/26/00; formerly numbered Section 2-24; amended by Ord. No. 3304, eff. 9/25/92; 3058.]

2-1-221: INTERFERENCE WITH CITY MANAGER:

A. Except as provided in the City Charter, neither the Council nor any of its members shall interfere with the execution by the City Manager of the City Manager’s powers and duties.

B. Members of the Council shall refrain from intimidating, giving orders to or attempting to unduly influence any City officer or employee or otherwise interfere in the exercise of the City Manager’s supervision or control over such personnel, unless such interference is authorized or sanctioned by at least a three-fifths vote of the Council.

C. Violation of this section shall constitute a misdemeanor. [Formerly numbered Section 2-24.5; amended by Ord. No. 3304, eff. 9/25/92; 3058, 2796.]

2-1-222: NEWSLETTERS AND MASS MAILINGS:

A. Prohibitions:

1. No newsletter or other mass mailing shall be sent at City expense by or on behalf of any Council member to any person residing within the City.

2. No newsletter or other mass mailing in which an elected official is featured shall be sent, at City expense, after the elected official has filed nomination documents for any local, state, or federal office to be voted on at an election governed by the Election Code of the State of California or the Election Code of the City.

B. Definitions:

1. The term “elected official” shall mean any Council member, the City Clerk, and the City Treasurer.

2. The term “by or on behalf of any Council member” shall mean that the name of the Council member or their photograph appears on the document; and

a. The Council member exercises direction or control over the content, production, or distribution of the document; or

b. The document is sent at the request or suggestion of the Council member or their agent; or

c. The document is signed by or is designated as being from, the Council member or their office.

3. An elected official is “featured” in a newsletter or mass mailing if:

a. The name, office or other reference to the elected official or their photograph appears on the document and the document is prepared or sent in cooperation, consultation, coordination, or concert with the elected official; or

b. The elected official is singled out for attention by the reader by use of their signature, inclusion in any photograph, or the manner of display of their name or office in the layout of the document such as by headlines, typesize, or typeface.

c. Exceptions:

1) A newsletter or other mass mailing is not prohibited by this section if the total number of pieces sent is less than the number specified in Government Code Section 82041.5 in any calendar month.

2) A newsletter or other mass mailing is not prohibited by this section if it is sent in response to unsolicited written correspondence, including petitions, or oral statements received by the elected officials or by the City. [Added by Ord. No. 3155, eff. 7/15/89.]

2-1-223: CITY COUNCIL REORGANIZATION MEETING:

A. Reorganization Meeting Date: Beginning in 2020, the Council shall meet at 10:00 a.m. on the sixth Monday after the first Tuesday after the first Monday in November where newly elected members shall be inducted into office and the newly constituted Council shall choose one member to serve as Mayor and one member to serve as Vice Mayor pursuant to Charter Section 400.

B. Transition to 2020 Reorganization Meeting Date:

1) The Mayor and Vice Mayor selected during the May 2018 reorganization meeting will continue their respective terms of office to December 16, 2019.

2) The Council shall meet at 10:00 a.m. on December 16, 2019, which is the sixth Monday after the first Tuesday after the first Monday in November, to select a new Mayor and Vice Mayor, who shall serve to the next reorganization meeting on December 14, 2020. [Added by Ord. 19-3,913, eff. 4/26/19.]

ARTICLE 3. OFFICIALS, DEPARTMENTS AND BUREAUS⁷

2-1-301: GENERAL PROVISIONS:

See Charter Section 300. [Formerly numbered Section 2-25; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-302: POWER TO ADMINISTER OATHS, ISSUE SUBPOENAS, HEAR TESTIMONY:

See Charter Section 210. [Formerly numbered Section 2-26; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-303: MAYOR:

See Charter Section 310. [Formerly numbered Section 2-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-304: CITY CLERK:

See Charter Section 325. [Formerly numbered Section 2-28; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-305: CITY TREASURER⁸:

See Charter Section 330. [Formerly numbered Section 2-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

As to Personnel Department, see section 2-1-503 of this code.

2-1-306: CITY TAX COLLECTOR:

See Charter Section 332. [Formerly numbered Section 2-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-307: CITY MANAGER⁹:

A. Duties: In addition to their other duties, the City Manager, or their authorized representative, shall attend meetings of the Park, Recreation and Community Services Board whenever requested to do so by the board or Chairperson thereof.

B. Vacation and Sick Leave Benefits: The City Manager shall be entitled to an annual vacation with pay at a time to be selected by the City Manager and to sick leave benefits, to the full extent provided for Civil Service employees or as may otherwise be established by the Council by resolution.

C. Attendance Requirements: The City Manager shall devote their full time to the duties of their position but without any specific attendance or availability requirements except as otherwise provided in this code. They shall receive the salary provided for by ordinance for this office without any allowance for overtime work. [Formerly numbered Section 2-31; renumbered by Ord. No. 3058, eff. 2/21/87; 3004.]

2-1-308: CITY ATTORNEY¹⁰:

A. Vacation and Sick Leave Benefits: The City Attorney shall be entitled to an annual vacation with pay at a time to be selected by the City Attorney and to sick leave benefits, to the full extent provided for Civil Service employees or as may otherwise be established by the Council by resolution.

B. Attendance Requirements: The City Attorney shall devote their full time to the duties of their position but without any specific attendance or availability requirements. They shall receive the salary provided for by ordinance for this office without any allowance for overtime work.

C. Prosecution Duties¹¹: The City Attorney shall be the City Prosecutor and prosecute on behalf of the people all criminal cases involving violations of the City Charter and ordinances, and all misdemeanors and infractions arising out of violations of State law occurring within the boundaries of the City except as may otherwise be provided by statute.

D. Defense Duties: The City Attorney shall defend all suits and court proceedings to which the City is a party, unless otherwise directed by the Council.

E. Settlement Authority: The City Attorney shall have the authority to settle and compromise any lawsuit filed against the City for any sum up to and including the amount established by City Council Resolution in effect at the time said settlement and/or compromise is made. [Formerly numbered Section 2-32; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 21-3,960, eff. 8/27/21; 3037, 3004, 2865, 2649, 2582, 2196.]

2-1-309: CHIEF OF POLICE:

See Charter Section 335. [Formerly numbered Section 2-33; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-310: FIRE CHIEF:

See Charter Section 340. [Formerly numbered Section 2-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-311: HEALTH OFFICER¹²:

Reference in this code to the Director of Health Services shall mean the Health Officer of the City. The City Manager may appoint the Los Angeles County Health Officer as Health Officer of the City. [Formerly numbered Section 2-35; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-312: PUBLIC WORKS DEPARTMENT¹³:

A. Composition: The Public Works Department shall be supervised and directed by the Public Works Director. It shall be staffed by such additional personnel as may be authorized by resolution of the Council. The Public Works Director may, at the discretion of the City Manager, be appointed to the classification of Deputy City Manager/Public Works and Capital Projects.

B. Responsibility Under State Law: Whenever the laws of the State impose a duty or responsibility upon the Assistant Public Works Director-City Engineer or Assistant Public Works Director-Field Services, they shall perform such duty or responsibility only with the approval of the Public Works Director. [Formerly numbered Section 2-36; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3627, effective 12/20/03; 3028.]

2-1-313: PUBLIC SERVICE DEPARTMENT:

See Charter Section 610. [Formerly numbered Section 2-37; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-314: LIBRARY DEPARTMENT:

A. Composition: The Library Department shall be supervised and directed by the Library Services Director. It shall be staffed by such additional personnel as may be authorized by resolution of the Council.

B. Powers and Duties: The powers and duties of the department shall be:

1. To maintain and improve the public libraries of the City;

2. To administer the rules, regulations and policies of the Council pertaining to public libraries. [Formerly numbered Section 2-38; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

2-1-315: PARK, RECREATION AND COMMUNITY SERVICES DEPARTMENT:

A. Composition: The Park and Recreation and Community Services Department shall be supervised and directed by the Park, Recreation and Community Services Director. It shall be staffed by such additional personnel as may be authorized by resolution of the Council.

B. Powers and Duties: The powers and duties of the Park, Recreation and Community Services Department shall be:

1. To maintain and improve the public parks, squares and grounds of the City;

2. To install playgrounds, concessions, recreational facilities and programs in the parks of the City as a park use and to maintain and improve the same; and

3. To administer the rules, regulations and policies of the Council pertaining to public parks, squares and grounds. [Formerly numbered Section 2-39; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

2-1-316: COMMUNITY DEVELOPMENT DEPARTMENT:

The City Planning Department shall be called the Community Development Department supervised and directed by the Community Development Director. It shall be staffed by such additional personnel as may be authorized by resolution of the Council. [Formerly numbered Section 2-41; renumbered by Ord. No. 3058, eff. 2/21/87; 3028, 2193.]

2-1-317: MANAGEMENT SERVICES DEPARTMENT:

There shall be a Management Services Department supervised and directed by the Management Services Director. It shall be staffed by such additional personnel as may be authorized by resolution of the Council. All reference in this code to Employee Relations Administrator shall mean the Management Services Director or designee. [Formerly numbered Section 2-42; amended by Ord. No. 18-3,907, eff. 12/14/18; 3058, 3028, 2237, 2194.]

2-1-318: POLICE DEPARTMENT:

The Chief of Police, or such member or members of the Police Department as they may designate, shall be Sergeant at Arms at all meetings of the Redevelopment Agency and Housing Authority of the City and shall carry out all orders and instructions of the Chairperson or other presiding officer at such meetings for the purpose of maintaining order and decorum, including prosecution and arrest. [Added by Ord. No. 2535; formerly numbered Section 2-42.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 4. BOARDS, COMMISSIONS, AND COMMITTEES

DIVISION 1. GENERAL PROVISIONS

2-1-401: TERM OF OFFICE; CONTINUITY:

A. Boards and Commissions: Except as may be otherwise provided, the term of office of all board and commission members shall be four (4) years and such terms shall commence on August 1. The terms shall be staggered by appointment or by lot so that as near as possible one-half (1/2) shall expire every two (2) years. Notwithstanding the foregoing, to achieve this staggering of terms members as of June 2015 of Board of Building and Fire Code Appeals, Board of Library Trustees, Burbank Water and Power Board, Landlord Tenant Board and Civil Service Board shall each serve an additional year for a total of five (5) years. Members shall serve at the discretion of the City Council. Board and commission members whose terms of office have expired shall continue to serve until their successors are appointed and qualified. A committee, if any, that has four (4) year membership term shall be governed by this section.

B. Committees: Except as may be otherwise provided, the term of office of all Council appointed committee members shall be two (2) years and all such terms shall commence on August 1. The terms shall be staggered by appointment or by lot so that as near as possible one-half (1/2) shall expire each year. Members shall serve at the discretion of the City Council. Committee members whose terms of office have expired shall continue to serve until their successors are appointed and qualified. [Formerly numbered Section 2-43; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 16-3,874, eff. 3/11/16; 3472, 2402.]

2-1-402: APPOINTMENT OF SUCCESSORS:

Successors to fill expired terms of office on boards, commissions, and committees shall be appointed within ninety (90) days after the terms have expired. [Formerly numbered Section 2-44. Amended by Ord. No. 16-3,874, eff. 3/11/16; 3472, 3058.]

2-1-403: ABSENCES AND VACANCIES:

A. Absences: In the event a member of a board, commission or committee is absent for three (3) consecutive regularly scheduled meetings of the board, commission or committee to which they have been appointed, or who fails to attend at least seventy five percent (75%) of the regularly scheduled meetings during a twelve (12) month period, which commences on the date of the appointment of the individual member to office, the attendance record of such member shall be reviewed by the board, commission, or committee to which the member was appointed. The board, commission, or committee shall consider the reasons for the absences with the member and make a determination whether the absences should be excused or unexcused by the City Council. The report and recommendation shall be transmitted to the City Clerk who shall agendize the matter for City Council consideration. The City Council shall take appropriate action including, but not limited to, excusing the absences, removing the member, or such other action as the Council deems appropriate.

B. Absence Defined: For the purpose of this section, “absence” shall mean the failure of a member of a board, commission, or committee to be present during at least two-thirds (2/3) of the entire meeting.

C. Staff to Report to Chair: City staff assigned to assist any board, commission, or committee shall notify the chair of any member who fails to attend two (2) consecutive regular scheduled meetings or who has failed to attend fifty percent (50%) of the regularly scheduled meetings in the last quarter. If the chair is the member in question, the notification shall be made to the vice chair. The chair or vice chair shall counsel the member in writing regarding their attendance, a copy of which shall be provided to the City Clerk.

D. Vacancies: Vacancies on boards, commissions, or committees occurring during the term of office shall be filled within ninety (90) days from the date the vacancy occurs. Any person appointed to fill a vacancy shall hold office for the remainder of the unexpired term.

E. Vacancies Due To Military Leave: The Council shall have the discretion to appoint a replacement board, committee or commission member for that period of time during which a vacancy on a board, commission or committee shall occur due to a leave of absence caused by the military service of a member. The replacement appointee shall serve only until such time as the absent board member returns from military leave and only for the remaining term of the absent board member at the time of appointment. The Council shall have the discretion to fill any vacancy on any noncharter board, committee or commission by appointing any person who because of military service cannot immediately serve on the board, committee or commission. [Formerly numbered Section 2-45. Amended by Ord. No. 3674, eff. 7/30/05; 3472, 3058.]

2-1-404: MANNER OF APPOINTMENT:

Board, commission and committee members shall be appointed by a three-fifths (3/5) vote of all the Council members. If the Council does not fill a board, commission or committee vacancy within the time prescribed in Sections 2-1-402 and 2-1-403 of this division, the Mayor shall make the appointment. [Formerly numbered Section 2-46; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3472, eff. 10/18.97.]

2-1-405: SERVE WITHOUT COMPENSATION:

All board, commission and committee members shall serve without compensation. [Formerly numbered Section 2-47; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3472, eff. 10/18/97.]

2-1-406: SERVING ON MORE THAN ONE BOARD, COMMISSION OR COMMITTEE PROHIBITED:

No person shall serve at the same time on more than one board, commission or committee described in Articles 4 and 5 of this chapter, unless as otherwise provided in the Charter or in this code. [Formerly numbered Section 2-48; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3472, eff. 10/18/97.]

2-1-407: RESIDENCY:

Except as may be otherwise provided in this Code or by Council resolution, no person shall be eligible to be a member of any board, commission, or committee unless they are an elector of, and actually lives in the City. This includes all appointments to outside agency boards such as The Burbank-Glendale-Pasadena Airport Authority. [Formerly numbered Section 2-50; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 16-3,874, eff. 3/11/16; 3472.]

2-1-408: ELECTION OF CHAIR, ETC.:

The members of each board, commission and committee shall annually elect a chair and vice chair at their first meeting in August following the appointment of successors to fill expired terms of office. A secretary shall also be elected except as otherwise provided in Division 2 of this article. If a board, commission or committee is not scheduled to meet in August, a special meeting shall be called to elect a chair, vice chair, and, if necessary, a secretary. Officers so elected shall serve at the pleasure of the appointing board, commission or committee. [Formerly numbered Section 2-50.1; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 16-3,874, eff. 3/11/16; 3472, 2178.]

DIVISION 2. COMPOSITION AND FUNCTIONS OF BOARDS, COMMISSIONS AND COMMITTEES¹⁴

2-1-409: BOARD OF LIBRARY TRUSTEES:

A. Composition of Board: The Board of Library Trustees shall consist of seven (7) members.

B. Liaison with Council: The Mayor shall designate a member of the Council to meet with the Board of Library Trustees but such Council member shall not be a member of the board.

C. Powers and Duties of the Board: The Board of Library Trustees shall have the following powers and duties:

1. To initiate studies, investigations and surveys in the general field of public libraries and report its findings and recommendations to the Council.

2. To prepare and recommend, for adoption by the Council, rules and regulations for the maintenance and improvement of the public libraries of the City.

3. To recommend to the Council the acquisition of library sites by the City.

4. To act in an advisory capacity to the Council in all matters pertaining to the public libraries of the City. [Formerly numbered Section 2-51. Amended by Ord. No. 3674, eff. 7/30/05; 3472, 3058.]

2-1-410: PARK, RECREATION AND COMMUNITY SERVICES BOARD:

A. Composition of Board: The Park, Recreation and Community Services Board shall consist of five (5) members.

B. Liaison with Council: The Mayor shall designate a member of the Council to meet with the Park, Recreation, and Community Services Board but such Council member shall not be a member of the board.

C. Powers and Duties of the Board: The Park, Recreation and Community Services Board shall have the following powers and duties:

1. To initiate studies, investigations and surveys in the general field of parks and recreation and report its findings and recommendations to the Council.

2. To prepare and recommend, for adoption by the Council, rules and regulations for the use and improvement of the public parks, squares and grounds in the City, including playgrounds, concessions and recreational facilities and programs installed and maintained therein as a park use.

3. To recommend to the Council the acquisition of park sites by the City.

4. To act in an advisory capacity to the Council in all matters pertaining to the parks, squares and grounds of the City, including all matters affecting policy, procedures and operations of all athletic and recreational organizations or groups who receive any part of their financial support in any form from public funds of the City.

5. To approve and fix the schedule of times, dates and places for the use of all City facilities under the jurisdiction of the Park, Recreation, and Community Services Department.

6. To act in an advisory capacity to the Council and recommend the amount of financial support to be contributed by the City for inclusion in the annual budget for all dramatic, musical, or cultural organizations or groups which receive any part of their financial support in any form from the public funds of the City, to make funding decisions and award grants to such groups pursuant to rules and regulations promulgated by the Director of the Park, Recreation and Community Services Department, to approve contracts to formalize the funding commitment and the responsibilities of such groups, and to approve any changes or amendments to such contracts.

D. Meetings: The Park, Recreation and Community Services Board shall hold a regular meeting at least once a month in the City Hall at a time to be designated by the Board. Special meetings may be called by the Chair or three (3) members of the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business. [Formerly numbered Section 2-52; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3617, eff. 3/22/03; 3472, 3011, 2477, 2187.]

2-1-411: CITY PLANNING COMMISSION¹⁵:

A. Establishment and Composition of Planning Commission: There is hereby created a City Planning Commission consisting of five (5) members.

B. Secretary of the Planning Commission: The Community Development Director or their designee shall serve as Secretary to the Planning Commission.

C. Liaison with Council: The Mayor shall designate a member of the Council to meet with the City Planning Commission, but such Council member shall not be a member of said Planning Commission.

D. Powers and Duties of the Planning Commission: The City Planning Commission shall have and exercise all powers and duties granted to it by any provision or provisions of this code and shall also have and exercise any power and duties accruing to it by Section 215 of the Charter.

E. Meetings; Quorum: The City Planning Commission shall hold a regular meeting at least once a month in the City Hall at a time to be designated by the Planning Commission. Special meetings may be called by the Chair or three (3) members of the Planning Commission. When the time for any regular meeting of the Planning Commission falls on a holiday, such meeting may be held at the discretion of the Planning Commission or Chair thereof at the same hour of the next succeeding day not a holiday or a regular meeting day of the Council. All regular meetings of the Planning Commission shall be held in the Council chamber of the City Hall, 275 East Olive Avenue, Burbank, California. A majority of the members of the Planning Commission shall constitute a quorum for the transaction of business. [Formerly numbered Section 2-53; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 3472, 3028, 2595, 2193.]

2-1-412: (Reserved for Future Use)

[Formerly numbered Section 2-54; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 16-3,874, eff. 3/11/16.]

2-1-413: POLICE COMMISSION:

A. Composition of Commission:

1. The Police Commission established by Section 705 of the Burbank City Charter shall consist of seven (7) members.

2. When making appointments to the Commission, Council should appoint the best qualified candidate(s) and strive for diversity of ethnicities, color, gender, professions, or other characteristics of our Burbank community.

3. Further, in making appointments the Council should consider the candidate’s experience, interest in, and knowledge of law enforcement practices, social work and care work, re-entry services, clinical psychology, homelessness advocacy or service, and/or other related expertise.

B. Meetings: The Police Commission shall meet as follows:

1. In August for the purpose of holding an election as provided in Section 2-1-408 of this code.

2. On at least a quarterly basis; or monthly as necessary and as scheduled by the Police Commission for the purpose of carrying out their powers and duties pursuant to subsection E, below.

3. At the specific request of the Council.

C. Additional Personnel: To assist the Police Commission in the performance of its duties, the Council may provide the Commission with paid personnel. Such personnel need not be included within the Civil Service System. Should the services of any regular City employee be needed, request therefor may be made by the Commission to the City Manager, and they are authorized to assign such personnel, if available.

D. Liaison Representation:

1. The Mayor shall designate a member of the Council to meet with the Police Commission but such Council member shall not be a member of the Commission.

2. The Chief of Police, or in their absence a member of their administrative staff, shall meet with the Police Commission but shall not be a member of the Commission.

E. Powers and Duties of the Commission: The Police Commission shall have the following powers and duties:

1. To initiate studies and surveys in the general field of police science and law enforcement and report its findings and recommendations to the Council;

2. To conduct hearings, investigations, or both, at the request of the Council for the purpose of ascertaining whether additional legislation is needed for the health, safety, peace and welfare of the inhabitants of the City and to make findings and recommendations to the Council;

3. To act in an advisory capacity to the Council on policy matters pertaining to the Police Department of the City;

4. To receive complaints, except those relating to traffic engineering, pertaining to the Police Department and law enforcement in general;

5. To examine books, papers, records and accounts in the Police Department, other than confidential matters under investigation.

F. False Statements: Any false statement willfully made under oath in any paper filed with the Police Commission, or in any testimony given in any proceedings before the Commission, or in any investigation conducted by or under the jurisdiction of the Commission, shall be punishable as provided by the Penal Code of the State of California. [Formerly numbered Section 2-55; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 21-3,955, eff. 5/14/21; 19-3,918; 3724, 3472, 2655, 2548, 2359.]

2-1-414: BOARD OF BUILDING AND FIRE CODE APPEALS:

A. ESTABLISHMENT AND COMPOSITION OF BOARD; QUALIFICATIONS.

There is hereby created a Board of Building and Fire Code Appeals consisting of five (5) members qualified by experience and training to pass upon matters pertaining to building construction and fire prevention.

B. SECRETARY OF THE BOARD.

The Board shall have two (2) secretaries. The Assistant Public Works Director-Building Official shall serve as Secretary to the Board with respect to appeals from the Building Code. The Fire Chief shall serve as Secretary to the Board with respect to appeals from the Fire Code. Neither shall be a member of the Board nor vote on any appeal but may be present during the Board’s deliberations and may participate in all debates and discussions.

C. POWERS AND DUTIES OF BOARD

The Board of Building and Fire Code Appeals shall have the following powers and duties:

1. To hear and determine appeals from decisions of the Assistant Community Development Director-Building Official regarding the suitability of alternative materials and types of construction required by the Building Code and interpretations of the Building Code;

2. To hear and determine appeals from any decision, order or notice signed or renewed by the Fire Marshal regarding the suitability of alternate materials, methods of construction, or operation under the Fire Code and interpretations of the Fire Code;

3. To prepare and recommend for adoption by the Council, rules and regulations for the conduct of its hearings and investigations;

4. To recommend for adoption by the Council, a schedule of fees for appeals to the Board; and,

5. To recommend to the Council, amendments to the Building Code or Fire Code. [Formerly numbered Section 2-56; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3733, eff. 12/21/07; 2595.]

2-1-415: SENIOR CITIZEN BOARD:

A. Establishment and Composition of Board: There is hereby created a Senior Citizen Board consisting of seven (7) members, all of whom shall be senior citizens.

B. Liaison with Council: The Mayor shall designate a member of the Council to meet with the Senior Citizen Board for liaison purposes only.

C. Liaison with City Manager: The City Manager shall designate a representative to serve as administration liaison with the Board. They shall serve as a resource person at all Board meetings, arrange for any necessary contacts between the Board and City departments, facilitate administrative action on Board requests, and keep the City Manager informed of Board proceedings; provided, however, that the Board shall obtain Council approval before requesting administrative assistance requiring any significant amount of research.

D. Applicants: Senior citizens who wish to be considered for appointment to the Board may apply by filing an application with the Mayor at their office in the City Hall. Application forms may be obtained from the Mayor’s office.

E. Evaluation Committee: An Evaluation Committee appointed by the Council and consisting of senior or interested citizens familiar with the senior citizen population and its concerns shall interview the applicants and report its findings and recommendations to the Mayor with copies for each member of the Council.

F. Powers and Duties: The Senior Citizen Board shall have the following powers and duties:

1. To engage in consultation and study with local groups on the needs of the aged and evaluate all available resources.

2. To collect and study factual information relative to all aspects of aging.

3. To serve as a liaison between local organizations and governmental agencies which work with the aged and have an interest in aging adults.

4. To advise in community planning regarding the expansion of existing facilities and development of new facility services, as required.

5. To become aware of problems as they arise and recommend plans for action.

6. To inform local and state organizations of the needs and resources of older people.

7. To serve as a medium through which organizations may exchange information, coordinate programs and engage in joint endeavors.

8. To become familiar with developments in other communities on County, State and Federal programs.

G. Reports: The Chair of the Board shall provide the Council with minutes of the Board meetings and copies of studies and resolutions to be considered by the Board. [Added by Ord. No. 2402; formerly numbered Section 2-56.2; renumbered by Ord. No. 3058; amended by Ord. No. 3472, eff. 10/18/97; 3123, 3118, 2751, 2508.]

2-1-416: YOUTH BOARD:

A. Establishment and Composition of Board: There is hereby created a Youth Board consisting of seventeen (17) members, four (4) of whom shall be selected as follows: one from Burbank High School, one from John Burroughs High School, one from Providence High School and one from Monterey High School. Seven (7) members shall be appointed by a three-fifths (3/5) vote of all the Council members. Six (6) members shall be designated as voting alternates and shall be selected as follows: one from Luther Burbank Middle School, one from Dolores Huerta Middle School, one from John Muir Middle School, one from St. Finbar, one from St. Francis Xavier, and one from St. Robert Bellarmine. The middle school representatives shall be a member of either the seventh or eighth grade class. Should any designated school fail to submit a student representative for the Board, the vacant seat may be filled with an additional at-large member. No member shall be over twenty (20) years of age at the time of appointment to the Board.

B. Liaison with Council: The Mayor shall designate a member of the Council to meet with the Youth Board for liaison purposes only.

D. School Members: Each high school and middle school member may be selected based on interest and qualifications for Youth Board by the school’s administration. All candidates must sign a statement that they have read the Youth Board brochure and fully understand the function of the Board and their duties and responsibilities as Board members.

E. Term of Office: The term of office for each Board member shall be one (1) year commencing on September 1.

F. Powers and Duties: The Youth Board shall have the following powers and duties:

1. To represent the interests of local youth in community affairs.

2. To represent the City in matters of interest to youth in the community.

3. To assist in helping other youth in the community to understand and appreciate local government.

4. To obtain interpretations for local youth on City ordinances, rules and regulations which affect them.

5. To encourage local youth to actively participate in community affairs and matters of concern to the City.

6. To conduct studies and investigations in the general field of youth and community interest and to communicate its findings and recommendations to the Council.

7. To encourage coordination of effort among community institutions and organizations that focus on youth problems and needs.

8. To advise and assist the Park and Recreation Board on issues affecting the youth in the community.

G. Reports: The chair of the Youth Board shall provide the Council and Park and Recreation Board with minutes of Youth Board meetings and copies of studies and resolutions to be considered by the Youth Board. [Added by Ord. No. 2402; formerly numbered Section 2-56.3; amended by Ord. No. 23-3,992, eff. 6/9/23; 3827; 3472; 3305, 3286, 3100, 3061, 3058, 2875, 2654, 2509, 2496.]

2-1-417: LANDLORD-TENANT COMMISSION:

A. Establishment and Composition of the Commission: There is hereby created a Landlord-Tenant Commission consisting of five (5) members.

B. Secretary of the Commission: The Housing and Grants Administrator shall serve as Secretary to the Commission. The Secretary of the Commission shall not be a member of the Commission nor vote on any matters coming before it, but such Secretary may be present during the Commission’s deliberations and may participate in all debates and discussions.

C. Powers and Duties of the Commission: The Landlord-Tenant Commission shall have the following powers and duties:

1. To recommend to the Council rules, regulations, and guidelines for rent increases;

2. To mediate rent adjustment disputes between landlords and tenants;

3. To receive complaints pertaining to rent adjustments which exceed the guidelines established by the Council;

4. To serve as a medium through which landlords and tenants may exchange information, coordinate programs, and engage in joint endeavors concerning landlord-tenant relations;

5. To become familiar with landlord-tenant developments in other communities;

6. Provide tenant referrals to appropriate public and private agencies;

7. To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council.

D. Meetings; Quorum: The Landlord-Tenant Commission shall hold a regular meeting at least once a month in the City Hall at a time to be designated by the Commission. Special meetings may be called by the Chairperson or three (3) members of the Commission. When the time for any regular meeting of the Commission falls on a holiday, such meeting may be held at the discretion of the Commission or Chairperson thereof at the same hour of the next succeeding day not a holiday or a regular meeting day of the Council or any other board or commission established pursuant to this division. All regular meetings of the Commission shall be held in the Council chamber of the City Hall, 275 East Olive Avenue, Burbank, California, unless otherwise provided in the rules and regulations of the Commission. A majority of the members of the Commission shall constitute a quorum for the transaction of business. [Added by Ord. No. 3008; formerly numbered Section 2-56.4; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-418: BURBANK WATER AND POWER BOARD:

A. Establishment and Composition of the Board: There is hereby created a Burbank Water and Power Board consisting of seven (7) members.

B. Secretary of the Board: The General Manager of the Burbank Water and Power shall serve as Secretary to the Board. The Secretary to the Board shall not be a member of the Board nor vote on any matters coming before it, but the Secretary may be present during the Board’s deliberations and may participate in all debates and discussions.

C. Powers and Duties of the Board: The Burbank Water and Power Board shall have the following powers and duties:

1. To review and make recommendations on all capital improvements which require Council approval;

2. To review and make recommendations on purchased power agreements with terms of more than five (5) years;

3. To review and make recommendations regarding the Burbank Water and Power’s annual budget;

4. To review and make recommendations regarding electric and water rates;

5. To approve all contract awards for goods, services and public work construction projects which are provided for in the Burbank Water and Power’s annual budget; and

6. To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council or the General Manager of the Burbank Water and Power.

D. Meeting Quorum: The Burbank Water and Power Board shall hold a regular meeting at least once a month in the Council chambers of City Hall at a time to be designated by the board. Special meetings may be called by the Chair or four (4) members of the Board. When the time for any regular meeting of the Board falls on the holiday, such meeting may be held at the discretion of the Board or the Chair at the same hour of the next succeeding day not a holiday or a regular meeting day of the Council or any board or commission established by this division. A majority of the members of the board shall constitute a quorum for the transaction of business. [Formerly numbered Section 2-56.5; Amended by Ord. No. 3823, eff. 1/6/12; 3566; 3498; 3472, 3451, 3394, 3071, 3058, 3009.]

2-1-419: TRANSPORTATION COMMISSION:

A. Establishment and Composition of the Commission: There is hereby created a Transportation Commission consisting of seven (7) members. The Council shall give consideration to appointing persons affiliated with the following groups: small businesses, large businesses, transportation technology research and development organizations, homeowners, the Burbank-Glendale-Pasadena Airport Authority, transportation management organizations or associations, and other special needs groups such as senior citizens, persons with disabilities and bicyclists.

B. Secretary of the Commission: The Community Development Director shall serve as Secretary to the Commission. The Secretary to the Commission shall not be a member of the Commission or vote on any matters coming before it, but such Secretary may be present during the Commission’s deliberations and may participate in all debates and discussions.

C. Powers and Duties of the Commission: The Transportation Commission shall have the following powers and duties:

1. To make recommendations to the City Council on transportation planning issues including, but not limited to, the transportation element of the General Plan and its components.

2. To make recommendations on the expenditure of Proposition A funds, Proposition C funds, air quality funds and bonds, fees, loans and grants for the purpose of funding transportation improvements.

3. To make recommendations on transportation plans, policies and programs, including, but not limited to, pedestrian orientation, telecommuting, intermodal transportation centers, new technologies, traffic programs and parking.

4. To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council.

D. Meeting; Quorum: The Transportation Commission shall hold a regular meeting at least once a month in the City Hall at a time to be designated by the Commission. Special meetings may be called by the chair or four (4) members of the Commission. When the time for any regular meeting of the Commission falls on a holiday, such meeting may be held at the discretion of the Commission or chair thereof at the same hour of the next succeeding day not a holiday or a regular meeting day of the Council or any other board or commission established pursuant to this division. All regular meetings of the Commission shall be held in the Council chamber of the City Hall, 275 East Olive Avenue, Burbank, California unless otherwise provided in the rules and regulations of the Commission. A majority of the members of the Commission shall constitute a quorum for the transaction of business. [Added by Ord. No. 3025; formerly numbered Section 2-56.6; amended by Ord. No. 24-4,012; eff. 5/10/24; 3350, 3058.]

2-1-419.1: RESERVED:

[Deleted by Ord. No. 3472, eff. 10/18/97.]

2-1-420: HERITAGE COMMISSION:

A. ESTABLISHMENT AND COMPOSITION OF COMMISSION: There is hereby created a Heritage Commission consisting of five (5) residents of the City. The Commission shall be composed of members with a demonstrated interest, competence, or knowledge in historic preservation. To the extent possible, at least two (2) members should have professional backgrounds in a discipline related to historic preservation. In case of the absence of the chair, the members present at any meeting shall select one (1) of their members to act as chair pro tempore.

B. POWERS AND DUTIES OF COMMISSION: The Heritage Commission shall have the following powers and duties:

Powers: The Commission shall serve as an advisory committee to the Council. The powers of the Commission shall be as follows:

1) Review all applications for approval of Designated Historic Resources and make a recommendation to the City Council for the approval, denial, or modification to the application;

2) Review the City’s criteria for Designated Historic Resources and make recommendations to the City Council for changes to the designation criteria or procedures, as appropriate;

3) Review and make decisions on all applications for Permits to Alter Designated Historic Resources;

4) Review ongoing maintenance requirements for Designated Historic Resources;

5) Nominate historic resources for listing and/or designation at the state or federal level;

6) Review and make recommendations to the City Council on all regulations and policies related to historic preservation including but not limited to: General Plan amendments, Specific Plans, and Zoning Ordinance amendments;

7) Review and make recommendations on environmental documents for projects that have the potential to cause a significant adverse impact on Designated or Eligible Historic Resources; and

8) Perform any other functions as directed by the City Council.

Duties: Provide oversight and direction to City staff in the following matters:

1) Maintain a list of Designated Historic Resources;

2) Maintain a list of Eligible Historic Resources;

3) Conduct surveys of Eligible Historic Resources;

4) Establish policies and programs that educate the community about Burbank’s unique character and heritage;

5) Establish policies and programs for the recognition, protection, and use of eligible and designated historical resources;

6) Establish and promote preservation incentive programs to assist with the preservation and maintenance of historical resources, including but not limited to: rehabilitation loan programs, architectural consultation services, state and federal grant programs, or property tax abatement programs; and

7) Identify grants and other funding opportunities to assist with the identification, preservation, and maintenance of historical resources.

C. MEETINGS; QUORUM: The Heritage Commission shall meet on call at the request of the chairperson or the Community Development Director when there is sufficient business warranting that the Commission convene. Written notice of such meeting shall be given at least five (5) days prior to the meeting to each member and any other appropriate individual, pursuant to the terms and provisions contained in Government Code Section 54956. The Community Development Department shall provide staff support to the Commission to the extent approved by the Council through the budget process but in no way shall the Commission nor any member thereof incur any financial liability in the name of the City.

D. APPEAL OF HERITAGE COMMISSION DECISION: Any final decision of the Commission which is otherwise not automatically heard by Council may be appealed in accordance with Section 2-1-1501 et seq. of this code. All officers, divisions and division heads of the City shall cooperate and render all reasonable and necessary assistance to the Heritage Commission. [Added by Ord. No. 3381; eff. 10/15/94; Formerly numbered Section 2-419.1; Renumbered by Ord. No. 3472, eff. 10/18/97; Amended by Ord. No. 3812, eff. 6/24/11; 3696.]

2-1-421: TRAFFIC COMMISSION:

[Deleted by Ord. No. 19-3,914, eff. 5/17/19; Formerly numbered Section 2-57. Amended by Ord. No. 3814, eff. 7/22/11; 3755, 3674, 3472, 3117, 3068, 3058, 2680, 2253.]

2-1-422: ART IN PUBLIC PLACES COMMITTEE:

A. COMPOSITION OF BOARD: The Art in Public Places Committee shall consist of seven (7) members. One Planning Commission Member chosen by a majority of that Commission; one Park, Recreation and Community Services Board Member chosen by a majority of that Board; and five at large members chosen by the City Council pursuant to Section 2-1-404, one of whom shall be chosen from the business community following a recommendation by the Chamber of Commerce; one from the residential community; and one member selected at large. The Park, Recreation and Community Services Director or their designee shall serve as secretary to the Committee. The Committee shall have further staff representation from the Park, Recreation and Community Services Director or its designee.

B. POWERS AND DUTIES OF THE COMMITTEE: The Art in Public Places Committee shall hold a public meeting as needed to review proposed art plans and its powers shall be limited to finding compliance with Subsections (d)(e) of Section 10-1-1114 of this Code. In no way shall this Committee rule upon artistic content when considering art plans. Additionally, the Committee shall recommend to the City Council expenditures of the Art in Public Places Fund, including but not limited to art projects for public buildings or on public grounds. Special meetings may be called by the chair or any two other members of the Committee. A majority of the members of the Committee shall constitute a quorum for the transaction of business.

C. TERM: Committee members shall be appointed for a four-year term, and the commencement of such terms shall be staggered in keeping with the purpose and intent of Section 2-1-401(a). Additionally, should the representative from the Planning Commission or the Park, Recreation and Community Services Board vacate its respective commission or board position, their position on the Art In Public Places Committee shall terminate automatically. [Added by Ord. No. 3119. Amended by Ord. No. 22-3,983, eff. 12/16/22; 3698, 3472, 3428.]

2-1-423: BURBANK CIVIC PRIDE COMMITTEE:

[Deleted by Ord. No. 18-3,900, eff. 4/6/18; Added by Ord. No. 3290. Amended by Ord. No. 16-3,874, eff. 3/11/16; 3674, 3472.]

2-1-424: SUSTAINABLE BURBANK COMMISSION:

A. ESTABLISHMENT.

The Sustainable Burbank Commission shall advise and make recommendations to the City Council on matters related to the implementation of the City of Burbank Sustainability Action Plan, and help engage the community by participating in various public education, outreach, and promotional activities related to environmental sustainability.

B. COMPOSITION OF THE COMMISSION.

1. The Sustainable Burbank Commission shall be composed of the following members:

a. Nine (9) members to be appointed by Council from the following:

i. Six (6) Burbank residents.

ii. Three (3) members may be residents or non-residents representing either the business community at large who is engaged in environmental issues, the real estate or development industry or faith-based or non-profit community.

b. Representatives from the following are non-voting liaisons: the Board of the Chamber of Commerce, the Youth Board, the Planning Commission, the Burbank Water and Power Board, the Superintendent of the Burbank Unified School District or their designee, and the Executive Director of the Burbank-Glendale-Pasadena Airport or their designee.

2. The Commission shall have the constituted offices of Chairperson and Vice Chairperson.

i. Chairperson – The Chairperson shall maintain the general supervision, direction and control of the business and meetings of the Sustainable Burbank Commission. The Chairperson shall preside at all meetings of the Commission, and shall have the power to appoint subcommittees of the Commission and subcommittee Chairpersons as necessary, and shall receive reports of the subcommittee’s activities.

ii. Vice Chairperson – The Vice Chairperson shall act in the absence of the Chairperson, perform all the duties of the Chairperson, and in so acting, shall have all the powers of the Chairperson.

3. Liaison with Council: The Mayor shall designate two members of the City Council to meet with the Commission, but such member shall not be a member of the Commission.

C. POWERS AND DUTIES OF THE COMMISSION.

1. The Sustainable Burbank Commission shall have the duties to:

a. Act in an advisory capacity to the City Council in establishing policy on all matters as described in Section A.

b. Engage the participation of the community.

c. Provide community support for advancing policy initiatives and programs.

d. Advise the City Council in the maximizing and leveraging efficient use of resources in the community.

e. Advise the City Council in the review of proposals, programs, practices, and goals.

D. MEETINGS.

The Sustainable Burbank Commission shall meet regularly at least every other month, on a day and time and place to be determined and fixed by the Commission and in accordance with the Ralph M. Brown Act. Additional noticed meetings may be scheduled as necessary. All meetings shall be open to the public. Regular minutes of each meeting shall be maintained by the Public Works Department. Agendas of the Commission shall be posted as required by the laws of the State of California.

E. QUORUM.

A majority of the nine (9) voting members of the Sustainable Burbank Commission shall constitute a quorum. [Added by Ord. No. 16-3,874. Amended by Ord. No. 22-3,983, eff. 12/16/22.]

2-1-425: BURBANK CULTURAL ARTS COMMISSION:

A. ESTABLISHMENT.

The Burbank Cultural Arts Commission is an advisory body to the City Council. The Commission shall make policy and funding recommendations on matters related to the implementation of the City’s Cultural Arts Plan, help engage the community by participating in various public education, outreach, and promotional activities related to cultural arts and other duties as requested by Council.

B. COMPOSITION OF THE COMMISSION.

1. The Burbank Cultural Arts Commission shall be composed of the following members:

a. Nine (9) members, six (6) Burbank residents and three (3) Burbank residents or non-residents, appointed by the City Council as follows: from the business community at-large, who is engaged in the arts, or who represents a diversity of art disciplines such as: arts education; art in public places; dance; live theatre; film, studio and recording industry; media affiliated resources; music; and visual arts.

2. The Commission shall have the constituted offices of Chairperson and Vice Chairperson.

a. Chairperson – The Chairperson shall maintain the general supervision, direction and control of the business and meetings of the Commission. The Chairperson shall preside at all meetings of the Commission, and shall have the power to appoint subcommittees of the Commission and subcommittee Chairpersons as necessary, and shall receive reports of the subcommittee’s activities.

b. Vice Chairperson – The Vice Chairperson shall act in the absence of the Chairperson, perform all the duties of the Chairperson, and in so acting, shall have all the powers of the Chairperson.

3. Liaison with Council: The Mayor shall designate two members of the City Council to meet with the Commission, but such member shall not be a member of the Commission.

C. POWERS AND DUTIES.

1. The Burbank Cultural Arts Commission shall have the duties to:

a. Act in an advisory capacity to the City Council in establishing policy on all matters as described in Section A.

b. Engage the participation of the community.

c. Provide community support for advancing policy initiatives and programs.

d. Advise the City Council in the maximizing and leveraging efficient use of resources in the community.

e. Advise the City Council in the review of proposals, programs, practices, and goals.

f. Other duties as requested by Council.

D. MEETINGS.

The Burbank Cultural Arts Commission shall meet as needed, on a day and time and place to be determined and fixed by the Commission at its August meeting and in accordance with the Ralph M. Brown Act. Additional noticed meetings may be scheduled as necessary by the Commission. All meetings shall be open to the public. Minutes of each meeting shall be maintained by the Park, Recreation and Community Services Department.

E. QUORUM.

A majority of the nine (9) voting members of the Commission shall constitute a quorum. [Added by Ord. No. 16-3,874. Amended by Ord. No. 22-3,983, eff. 12/16/22.]

2-1-426: INFRASTRUCTURE OVERSIGHT BOARD:

A. Establishment and Purpose:

There is hereby created an Infrastructure Oversight Board, who shall oversee and make recommendations to the Council regarding the infrastructure of the City (not part of an enterprise fund). The mission of this new Board, in part, is to ensure the reliability, maintenance and safety of the City’s infrastructure. Some oversight parameters may include: safety, funding, planning, construction, (i.e. high level review of scope, schedule, cost, and risk of infrastructure projects), operations, maintenance (reviewing the adequacy of existing maintenance programs), and implementation of best practices related to infrastructure.

B. Composition of the Board:

1. The Infrastructure Oversight Board shall be composed of the following members:

a. Seven (7) members to be appointed by Council.

b. When appointing persons to the Board, Council should consider not only diversity, but also the appointee’s interest in and knowledge of City infrastructure projects, methods, and procedures. As such, Council should consider appointment of architects, civil engineers, as well as professionals with expertise in other areas such as project management, urban planning, traffic engineering, structures/buildings, construction management, budget/finance, and/or other related expertise. Toward this end, when recruiting for open positions on this Board, the City Clerk in any advertisements shall encourage civil engineers, as well as professionals with expertise in other areas such as transportation, urban planning, traffic engineering, structures/buildings, construction management, budget/finance, to apply.

2. The Board shall have the constituted offices of Chair and Vice Chair.

a. Chair – The Chair shall maintain the general supervision, direction and control of the business and meetings of the Infrastructure Oversight Board. The Chair shall preside at all meetings of the Board.

b. Vice Chair – The Vice Chair shall act in the absence of the Chair, perform all the duties of the Chair, and in so acting, shall have all the powers of the Chair.

3. Liaison with Council: The City Council shall designate two members of the City Council to attend Board meetings, but such members shall not be members of the Board.

C. Powers and Duties of the Board:

The Infrastructure Oversight Board shall have the duties to:

1. Act as advisory body to the Council on matters related to City infrastructure (non-enterprise funded).

2. Provide annual review and recommendation to Council as recommended by City staff for infrastructure projects and programs, such as:

a. Capital Improvement Projects – Major Projects (i.e. construction or renovation of a municipal facility);

b. Programmatic Capital – routine and regular annual capital renewal (i.e. the City’s pavement management program, HVAC replacements, roof replacement, etc.);

c. Maintenance Programs;

3. Annually review staff’s recommended infrastructure funding prioritization for Council consideration and review the proposed general fund infrastructure expenditures. Review of funding and recommended prioritization of annual budget and ten-year infrastructure plans. Annual review of funding shall include a review of use of prior year funding and what was and was not accomplished versus planned project and program specific goals.

4. Receive quarterly reports on the status of funded projects.

5. Review and recommend infrastructure policies, practices, and programs in accordance with adopted plans (i.e., the General Plan, Specific Plans, Complete Streets Plan, and Bicycle Master Plan, etc).

6. Assist in communicating with the community concerning infrastructure projects and programs and the importance of properly maintaining the City’s assets.

7. To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council or as prescribed in the Burbank Municipal Code, adopted plans and governing rules, laws and regulations.

D. Meetings:

The Infrastructure Oversight Board shall meet regularly at least every month, on a day and time and place to be determined and fixed by the Board and held in accordance with the Ralph M. Brown Act. Additional noticed meetings may be scheduled as necessary. Regular action minutes of each meeting shall be maintained by the Public Works Department. The Board may create subcommittees as necessary to accomplish the goals of the Board.

E. Quorum:

A majority of four (4) voting members of the Infrastructure Oversight Board shall constitute a quorum. [Added by Ord. No. 19-3,914; Amended by Ord. No. 24-4,012, eff. 5/10/24.]

ARTICLE 5. CIVIL SERVICE SYSTEM

2-1-501: ADOPTION OF CIVIL SERVICE SYSTEM:

Pursuant to the provisions of Section 395 of the Charter of the City of Burbank and the authority therein granted to the Council, there is hereby established a Civil Service System in the City based on merit and fitness, a Civil Service Board (hereinafter called “Board” with powers and duties as herein prescribed, and managed by the Management Services Department. [Formerly numbered Section 2-58; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

2-1-502: APPLICABILITY OF CIVIL SERVICE SYSTEM; EXCEPTIONS:

All offices, employments and positions in the service of this City shall constitute the Civil Service System of the City and shall be subject to the provisions of this article, except the following:

A. Elective offices, provided, however, that in the event the people of the City shall, at a general municipal election or special election held for that purpose, elect to change the status of any one or more elective offices of the City to that of appointive offices, then such office or offices shall, at the expiration of the term of office of the incumbent, be thereafter subject in all respects to the provisions of this article, and provided further that the person holding the office at the time of the expiration of said term, providing that they shall have served in such position for a period of at least six (6) months continuously immediately prior to the expiration of said term of office, shall assume regular status in said Civil Service System, without examination or working tests and shall thereafter be subject in all respects to the provisions of this article;

B. Position on appointive boards, commission, committees, and the Burbank Disaster Council;

C. The City Manager;

D. The City Attorney;

E. Such additional officers, employees, or appointments as may be specified by resolution of the Council or in a Memorandum of Understanding approved by the Council. [Formerly numbered Section 2-59; renumbered by Ord. No. 3058, eff. 2/21/87; 3007, 2726, 2678, 2643, 2564, 2547, 2480, 2453, 2427, 2391, 2368, 2311, 2203.]

2-1-503: ADMINISTRATIVE SERVICES DIVISION:

The Civil Service System shall be managed under the direction of the Management Services Director, or their designee. All references in this code to “Personnel Department” or to “Civil Service Department” shall mean the Management Services Department. [Formerly numbered Section 2-60; renumbered by Ord. No. 3058, eff. 2/21/87; 3028, 2726.]

2-1-504: CIVIL SERVICE BOARD:

A. Composition of Board: The Civil Service Board shall consist of five members.

B. Vacancies on The Board: Vacancies on the Board from whatever cause, shall be filled by appointment by the Council for the unexpired term. Each member of the Board shall serve until their successor is appointed and qualified.

C. Removal of Board Members: A three-fifths vote of all the Council members shall be required to remove any member of the Board from office prior to the expiration of their term of office. [Formerly numbered Section 2-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-505: MEETINGS OF THE BOARD:

The Board shall determine the order of business for the conduct of its meetings and shall meet regularly if so required by the rules, or on call of the Chairperson or three members of the Board. Three members of the Board shall constitute a quorum for the transaction of business. [Formerly numbered Section 2-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-506: DUTIES OF THE BOARD:

The powers and duties of the Board shall be:

A. To hold hearings regarding rules to supplement this article and subsequent revisions and amendments thereto and to recommend to the City Manager for submission to the Council such rules as are herein provided for;

B. To act in an advisory capacity to the City Manager and City Council on problems concerning personnel administration;

C. As provided by this article and by any rules, adopted to supplement this article, to hear appeals submitted by any employee hereunder, relative to any situation connected with their employment status or condition of employment; and

D. In any hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attendance and/or the production of evidence before it by subpoenas issued in the manner and subject to the penalties provided by law. Each member of the Board shall have the power to administer oaths to witnesses. [Formerly numbered Section 2-63; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/18/11.]

2-1-507: DUTIES OF CITY MANAGER:

The City Manager shall have the responsibility for making effective the purposes of the Civil Service System. They shall:

A. Attend meetings of the Board whenever requested so to do by the Board or Chairperson thereof, but they shall have no vote therein; and

B. Recommend a salary and wage plan to the Council. [Formerly numbered Section 2-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-508: DUTIES OF EMPLOYEE RELATIONS ADMINISTRATOR:

It shall be the duty of the Employee Relations Administrator to:

A. Attend all meetings of the Board, unless otherwise ordered by the Board but they shall have no vote therein;

B. Prepare personnel rules and revisions and amendments thereof for submission to the Board;

C. Prepare for presentation to the Board a position classification plan, class specifications and revisions thereof;

D. Allocate positions to classes for City Manager action;

E. Make salary surveys;

F. Be custodian of the official records concerning the employment status of all employees;

G. Keep such records as are required by the rules; and

H. Perform such other duties as may be required by the City Manager or Council. [Formerly numbered Section 2-65; renumbered by Ord. No. 3058, eff. 2/21/87; 2726.]

2-1-509: ADOPTION OF RULES:

A. Manner of Adoption: The Council shall adopt by resolution rules and amendments to supplement this article after consideration by the Board and City Manager.

B. Scope of Procedural Rules: In addition to such other rules or matters as may be necessary and proper to carry out the intent and purpose of the Civil Service System, rules shall be formulated and adopted establishing specific procedure to govern the following phases of the Civil Service System:

1. The preparation, installation, revision and maintenance of a position classification plan covering all positions in the Civil Service;

2. The formulation of minimum standards and qualifications for each class of position;

3. The public announcement of vacancies and examinations and the acceptance of applications for employment;

4. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment;

5. The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;

6. The evaluation of employees during the probationary period;

7. The transfer, promotion, demotion, and reinstatement of employees in the Civil Service System;

8. The separation from the service of employees through layoff, suspension, dismissal and for incapacity to perform required duties;

9. The standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training; and

10. The maintenance and use of necessary records and forms.

C. Notice: Not less than 14 days prior to recommendation by the Board, all rules and amendments to rules shall be posted in such public place or places as may be designated by the rules, and, concurrently with such posting, copies of the proposed rules or amendments are to be made available on request to any employee at the offices of the Board.

D. Protests: Protests to the adoption or amendment of any rules may be made in writing directly to the Board. All protests must be made within said period of 14 days after posting.

E. Hearing: The Board in its discretion may set any protest for hearing.

F. Effects of Changes Made After Notice: No rule or amendment shall be recommended by the Board in which a substantial change has been made therein after posting without reposting. [Formerly numbered Section 2-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-510: STATE AID FOR POLICE OFFICER AND PUBLIC SAFETY DISPATCHER TRAINING:

At all times during which the City of Burbank is eligible to receive reimbursement from the State of California pursuant to Chapter 1 of Title 4, Part 4 of the California Penal Code (section 13522) and as amended from time to time, the City shall adhere to the standards established by the California Commission on Peace Officers Standards and Training (POST) for the recruitment and training of peace officers, public safety dispatchers and any other City personnel eligible for said training. [Formerly numbered Section 2-67; amended by Ord. No. 3192, eff. 5/26/90; 3058.]

2-1-511: APPOINTMENTS:

A. Order of Eligibility by Classifications: Appointments to vacant positions in the Civil Service System shall be made in accordance with the rules established hereunder and from employment or promotional lists tabulated according to the grade points attained resulting from competitive examination. Eligibility for appointment shall be in this order: reinstatement from layoff followed by all other types of eligibility, including transfer, reinstatement after voluntary separation, promotional examination, and open competitive examination. There shall be no order or priority among transfer, reinstatement after voluntary separation, promotional examination, and open competitive examination.

B. Consideration of Candidates; Priority Lists: Except in the case of persons reinstated after layoff as provided for by Section 2-1-517 of this article, the names of persons willing to accept appointment shall be considered by the City Manager in the order in which they appear on the employment or promotional list, or if appointment is to be made by some other appointing power, then the City Manager shall certify the names to the appointing power in that order. The number of names eligible for consideration for appointment or certification for appointment shall exceed by two the number of vacancies to be filled.

C. Provisional Appointments: In the absence of appropriate employment or promotional lists, a provisional appointment may be made by the appointing power of a person meeting the minimum qualifications for the position, provided, however, that an employment list shall be established for such position within 90 days. The Board may, by a three-fifths vote, extend the time another 90 days.

D. Developmental Assignment: An assignment and/or appointment of an existing employee for a short duration to provide the employee with development/training opportunities. No employee who has received a developmental assignment and/or appointment shall accrue any rights or privileges in the position to which they have been assigned and/or appointed. The City Manager shall provide a quarterly report to the Civil Service Board listing current Developmental Assignments. The report shall contain, at a minimum, the employee’s name, title, department, date of assignment and/or appointment, anticipated length of time of assignment and/or appointment, and a general description of the goals and activities of the assignment and/or appointment.

E. Temporary Appointment: An appointment of short duration when the needs of the department make it necessary to employ additional personnel for a temporary period. No person shall be employed by the City under temporary appointment to one or more positions in the Civil Service System for a total of more than six months in any 12 month period unless approved by the Board. Under no circumstances shall any person temporarily appointed to any position in the Civil Service System accrue any rights or privileges in that position.

F. Temporary Assignments: The placement of an existing employee temporarily into a position usually occupied by another employee who is temporarily unable to perform the duties of the position due to illness, authorized absence, assignment to other duties, or other reasons required or approved by the City. No existing employee shall be temporarily assigned to a position usually occupied by another employee who is temporarily unable to perform the duties of the position for a total of more than six months in any 12 month period unless approved by the Board.

G. Emergency Appointments: In the event of an emergency, or any other circumstance which in the opinion of the City Manager makes it necessary, they may appoint such persons as are required to meet the situation, but such appointments shall not exceed 15 working days.

H. Appointment to Office of Suspended Employee: During the period of suspension of any employee, or pending final action by the Board on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy created by such suspension, demotion or dismissal may be filled by the appointing power only by temporary appointment or temporary assignment. [Formerly numbered Section 2-68; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/1/11.]

2-1-512: PROBATIONARY PERIOD:

Except as otherwise provided in a memorandum of understanding with a recognized employee organization:

A. One Year Probational Period: All original and promotional employments to positions in the Civil Service System shall be for a probationary period of 12 months.

B. Extension of Probation: A probationary appointment may be extended where an employee has been absent during the probationary period for a period in excess of one-half month due to a leave of absence, an extension of not to exceed the period of such leave may be granted by the City Manager. An extension exceeding 90 days shall only be granted where the City Manager finds that extraordinary conditions justify the extension; in such cases, the extension shall be supported by a written report by the department head. The City Manager’s findings shall be forwarded to the Management Services Director or their designee who shall advise the affected employee and their department head of the action taken, giving the reasons for any disapproving action.

C. Termination of Appointment: A probationary appointment may be terminated without cause or right of appeal at any time during the probationary period.

D. Rejection and Reinstatement to Former Position: An employee rejected during the probationary period from a position to which they had been promoted, shall be reinstated to the position from which they were promoted, unless charges are filed and they are discharged as provided in this article and the Civil Service Rules.

E. Displacement by Reinstatement of Another to Their Former Position: Any employee, though they may have attained permanent status and who is displaced as a result of another employee’s being returned to their former position under subsection D of this section or under this subsection, shall likewise be reinstated to their former position. If an employee so affected has permanent status but no former position they shall be placed on the appropriate layoff list. [Formerly numbered Section 2-69; renumbered by Ord. No. 3058; amended by Ord. No. 3176, eff. 12/23/89; 2899, 2767, 2532, 2203.]

2-1-513: TRANSFER TO POSITION NOT IN CIVIL SERVICE:

Any officer or employee in the Civil Service System, who is promoted or transferred to a position in the service of the City which is not included in the Civil Service System, shall be reinstated to the position from which they were promoted or transferred in the event action is taken to dismiss them, unless:

A. Charges are filed against them and they are discharged in the manner provided in, and the rules established under, this article for positions in the Civil Service System; or

B. Their dismissal occurs six months or more from the date of promotion or transfer, or 18 months thereafter in the case of promotions or transfers to the positions of City Manager, City Manager Pro Tem, or City Attorney; provided, however, that this subsection shall not apply to the position of Secretary to the City Manager. [Formerly numbered Section 2-70; renumbered by Ord. No. 3058, eff. 2/21/87; 2454.]

2-1-514: SUSPENSION:

Any person holding a position or employment in the Civil Service System shall be subject to suspension without pay by the appointing power, but such suspensions shall not exceed a total of 30 days, except for safety members of the Police Department, in any fiscal year; provided, however, any person suspended without pay shall have the right of appeal in the manner provided by this article. Safety members of the Police Department shall be subject to suspension without pay for a maximum of 90 days in any fiscal year.

In lieu of a suspension without pay for 10 days or less, a safety member of the Police Department or the Fire Department, with the concurrence of the appointing power, may elect to work without pay on an equivalent number of one of their two regular days off, or in the case of the Fire Department, may elect to work without pay on an equivalent number of one of their three regular days off, as may be designated by the appointing power; provided, however, that if they so elect, they shall have no right to appeal the disciplinary action nor any right to overtime pay for working on the regular days off so designated. [Formerly numbered Section 2-71; renumbered by Ord. No. 3058, eff. 2/21/87; 2816, 2802, 2439.]

2-1-515: FILING OF CHARGES:

A. Upon Suspension: In the event of a suspension without pay, the suspending authority shall file the reason therefor with the Employee Relations Administrator. The person suspended shall have a right at all times to examine their record. In the event of an appeal the person suspended shall be given a copy of the reason for the suspension.

B. Upon Demotion, Dismissal Or Reduction In Pay: Any employee in the Civil Service System who has been demoted, dismissed or reduced in pay, shall be entitled to receive a written statement of the reasons for such action within three working days upon their request for such statement from the Employee Relations Administrator, to be sent by registered mail by said Administrator, and they shall have 10 working days’ time thereafter within which to answer in writing thereto. A copy of such charges and answer shall be filed with the Employee Relations Administrator. In the event the employee files an answer, a copy of such written charges and of such answer shall be transmitted by the Employee Relations Administrator to the Board. Within 10 working days from the date of filing their answer to the written charges, they may file a written demand with the Employee Relations Administrator for transmission to the said Board requesting a hearing before the Board. The Board shall investigate the case and conduct a hearing as provided by this article and by the rules.

C. Exception: Neither the provisions of this section nor this article shall apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program. [Formerly numbered Section 2-72; renumbered by Ord. No. 3058, eff. 2/21/87; 2726.]

2-1-516: APPEAL:

A. Right of Appeal: Any employee in the Civil Service shall have the right to appeal to the Civil Service Board relative to any situation affecting their employment status or conditions of employment, except in instances where the right of appeal is prohibited by this article or the matter has been processed under the provisions of the Meyers-Milias-Brown Act and rules and regulations adopted pursuant thereto.

B. Hearing by Board: Upon the filing of an appeal, the Civil Service Board shall at the first regular meeting following the filing of the appeal by the employee, or at a special meeting called for that purpose, schedule a date or dates for the hearing of the appeal. At the time scheduled for the hearing the Board shall hear evidence for and against the employees. Hearings may be informally conducted and the rules of evidence need not apply. No hearing shall be held without at least a quorum of the Board present.

C. Representation: Any City employee shall be permitted to represent another City employee or group of City employees.

D. Disposition: Within 30 days after the conclusion of the hearing, the Civil Service Board shall certify its findings and recommendations to the City Manager. Upon receipt of the Board’s findings and recommendations, the City Manager shall review the evidence produced at the hearing and may affirm, revoke or modify the disciplinary or other action taken. The City Manager’s decision shall be final and conclusive. [Formerly numbered Section 2-73; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/18/11.]

2-1-517: ABOLITION OF POSITION:

Whenever in the judgment of the Council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the Council may abolish any position or employment in the Civil Service System in the same manner as the title and duties were established by the Council, (as outlined in Section 2-1-601 of this chapter), and the employee holding such position or employment may be laid off effective 30 days after notice in writing without filing written charges and without the right of appeal. The name of such an employee so laid off shall be placed at the top of the appropriate employment list or lists provided by the rules and such employee shall be reappointed should such position or employment or any position involving all or a major portion of the same duties be reinstated or created within two years. [Formerly numbered Section 2-74; renumbered by Ord. No. 3058, eff. 2/21/87; 2388.]

2-1-518: UNLAWFUL DISCRIMINATION, RETALIATION, AND HARASSMENT PROHIBITED:

No person in the Civil Service System, or seeking admission thereto, shall be subjected to unlawful discrimination, retaliation, or harassment that is prohibited by Federal and/or State law. [Formerly numbered Section 2-75; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/18/11.]

2-1-519: RIGHT TO CONTRACT FOR SPECIAL SERVICE:

The Council may contract with any competent public or private agency for the performance by such agency of such technical service in connection with the establishment, maintenance or operation of the Civil Service System as may be desired. [Formerly numbered Section 2-77; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-520: APPROPRIATION OF FUNDS:

The Council shall appropriate such funds as are necessary to carry out the provisions of this article. [Formerly numbered Section 2-78; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-521: EFFECT OF COUNCIL RESOLUTION:

Council may, by resolution, including a Memorandum of Understanding approved by Council resolution, establish different employment terms, conditions, positions, benefits, or procedures than those provided in this article. [Added by Ord. No. 3007; formerly numbered Section 2-78.1; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

ARTICLE 6. PERSONNEL

2-1-601: AUTHORITY TO ESTABLISH OFFICES, EMPLOYMENTS, DUTIES AND COMPENSATION¹⁶:

Whenever the Council determines that the creation of an office or employment is necessary, the Council is authorized to establish such office or employment and to provide for the powers, duties and compensation thereof by resolution. The City Manager may recommend to the Council the creation of an office or employment which they shall deem necessary and shall cause to be prepared for presentation to the Council a resolution creating such office or employment. Such resolution shall include statements defining the position, its typical tasks and distinguishing characteristics, if any. [Formerly numbered Section 2-79; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-602: NON-CIVIL SERVICE CRAFTSMEN AND SPECIALISTS:

The City Manager may employ craftsmen and specialists authorized under subsection 2-1-502E of this code without complying with Section 2-1-601 of this article, using such titles, powers and duties as are customarily employed in the particular trade or craft. Such employees may be hired by the City Manager at prevailing rates of wages for the particular trade or craft within the Los Angeles County area and said wages may include a contribution or allowance for related benefits such as pension or welfare. [Formerly numbered Section 2-80; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

2-1-603: NON-CIVIL SERVICE PERSONNEL:

Officers and employees excluded from the Civil Service System pursuant to subsection 2-1-502E of this chapter shall be entitled to such compensation and benefits, and shall be subject to such terms and conditions of employment, as shall be provided from time to time by resolution of the Council. [Formerly numbered Section 2-81; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

2-1-604: NUMBER OF EMPLOYEES AUTHORIZED:

The number of persons who may be employed in any of the departments of the City shall be determined in the preparation of the annual budget. Such determination, however, shall not preclude the City Manager from employing such additional persons during the fiscal year as may be needed in the service of the department, provided there are sufficient funds already appropriated to cover the expense of such employment or additional funds are transferred by the Council from one of the existing appropriations or from the unappropriated reserve to the appropriations applicable to such department. [Formerly numbered Section 2-85; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-605: DISMISSAL FOR REFUSAL TO TESTIFY BEFORE LOS ANGELES COUNTY GRAND JURY OR OTHER LEGALLY CONSTITUTED OFFICIAL PUBLIC BODY:

The refusal of any City employee to testify under oath before the Los Angeles County Grand Jury or other legally constituted official public body in a legally authorized investigation of government bribery or other misconduct in public office shall be sufficient cause for the immediate discharge of such City employee. [Formerly numbered Section 2-86; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-606: CONTRIBUTIONS BY CITY TOWARD PAYMENT OF GROUP INSURANCE:

The City shall contribute toward the payment of premiums for group accident and health insurance and group life insurance maintained for officers and employees of the City such amounts and in accordance with and subject to such policies, terms, conditions and arrangements as prescribed by resolution of the Council. [Formerly numbered Section 2-87; renumbered by Ord. No. 3058, eff. 2/21/87; 2321.]

2-1-607: TRANSFER OF AUTHORITY TO PRECLUDE CONFLICT OF INTEREST:

Whenever an officer or employee of the City requests a service from the City which is offered to the general public and they are charged with the duty and responsibility of approving the rendition of such service, the duty and responsibility of approving the rendition of such service shall in such case devolve upon the City Manager, or if the City Manager is the applicant such duty and responsibility shall devolve upon the Council. [Formerly numbered Section 2-88; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-608: CLOSING CITY OFFICES:

Public offices of the City shall be open during such hours and on such days as may be prescribed by the Council, or by the City Manager on behalf of the Council. The only holidays on which public offices of the City shall be closed are those designated by the Council as holidays for City employees. [Formerly numbered Section 2-89; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-609: EFFECT OF COUNCIL RESOLUTION:

Council may, by resolution, including a Memorandum of Understanding approved by Council resolution, establish different employment terms, conditions, positions, benefits, or procedures than those provided in this article. [Added by Ord. No. 3007; formerly numbered Section 2-89.1; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

2-1-610: UNLAWFUL DISCRIMINATION, RETALIATION, AND HARASSMENT PROHIBITED:

No person employed by the City, or seeking admission thereto, shall be subjected to unlawful discrimination, retaliation, or harassment that is prohibited by Federal and/or State law. [Added by Ord. No. 3822, eff. 11/18/11.]

ARTICLE 7. SALARIES

2-1-701: FIVE-STEP SALARY SCHEDULE:

Except for salaries fixed by the Charter and salaries otherwise fixed by this code or by resolution, all salaries paid by the City shall be fixed by reference to a five-step salary schedule adopted by resolution of the Council. [Formerly numbered Section 2-90; renumbered by Ord. No. 3058, eff. 2/21/87; 2320, 2228.]

2-1-702: EXPLANATION OF SCHEDULE:

The various columns in the five-step salary schedule are explained as follows:

A. Schedule Numbers: The column headed “Schedule Numbers” contains a list of the schedule numbers assigned to the various offices and employments in the City’s employment service;

B. Step Numbers: The columns headed “1”, “2”, “3”, “4”, and “5” under the general heading, “Monthly Salary Rates”, contain the monthly salary rates applicable to each office or employment. The normal initial compensation of each office or employment is set forth in column 1, referred to as “Step No. 1”. Advancements in salary are set forth in columns 2, 3, 4 and 5, respectively referred to as “Step No. 2”, “Step No. 3”, “Step No. 4” and “Step No. 5”;

C. Other Columns: Columns headed “Yearly Rates” and “Hourly Rates” are self-explanatory. [Formerly numbered Section 2-91; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-703: ASSIGNMENT OF SCHEDULE NUMBER:

Each office or employment in the City’s employment service, the salary of which is to be fixed by reference to the five-step salary schedule, shall be assigned a schedule number in accordance with the normal initial compensation of such office or employment, as shown in step no. 1. [Formerly numbered Section 2-92; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-704: INITIAL SALARY:

The initial compensation to be paid for employment in any office or employment, the salary of which is fixed by reference to the five-step salary schedule, shall be step no. 1, except that:

A. Increased Compensation To Attract Qualified Personnel: The Council, or the City Manager, may recruit personnel at a step higher than step no. 1 should it be found that it is impracticable to obtain qualified personnel for such position at step no. 1.

B. Pay Increase With Advancement Seniority: When an officer or employee is advanced from one title to another, the officer or employee is to be advanced to the next higher salary and the seniority held in the title and step from which advanced is to be carried forward to the new title; provided, however, that when an employee in the classification of Utility Lineman, Utility Electrician, Utility Cable Splicer or Assistant Load Dispatcher is promoted to the classification of Lineman, Electrician, Cable Splicer or Load Dispatcher, they shall be advanced to step no. 3 of the position to which they are promoted, and after satisfactory completion of their probationary period, shall be advanced to step no. 4. The step seniority carried forward is not to exceed twelve (12) months.

C. Increased Pay For Comparability Purposes: The Council, or the City Manager, may fix initial compensation at a step higher than step no. 1 when it is found that an appointee to a supervisory position will receive compensation at a rate equal to or lower than one or more of their subordinates, provided that such initial compensation shall not exceed the rate of pay next higher than that of the highest subordinate other than those subordinates who are being paid at a “Y” rate, are on a temporary service, or are being paid a salary differential to which the supervisor is not entitled. [Formerly numbered Section 2-93; renumbered by Ord. No. 3058, eff. 2/21/87; 2247.]

2-1-705: ADVANCE IN SALARY:

A. Step Number Increase: The rate of compensation of every officer and employee receiving compensation under the five-step salary schedule shall be increased to the next higher step number, if any, whenever they shall have been classified in their current step number for one year or in step no. 1 for six (6) months. Classification shall commence on the date of appointment, except that with respect to appointments, exclusive of transfers, made after January 1, 1962, classification shall be deemed to commence as follows:

1. On the first day of the month for officers and employees appointed between the first and fifteenth day of such month;

2. On the first day of the following month for officers and employees appointed between the sixteenth day of the month and the end of the month.

B. Objection: Such increase in salary shall be automatic unless the department head of such officer or employee, or the City Manager if there be no department head, or the Council in case of the City Manager, City Attorney or other officer appointed by the Council, objects in writing to such increase, detailing the reasons therefor, and serves such objection on the Personnel Department not later than the date on which the salary increase is to take effect. It shall be the duty of the Personnel Department to notify the department head, City Manager or Council, as the case may be, of any impending step number salary increase at least ten (10) days, but not sooner than thirty (30) days, prior to the date on which such increase is to take effect. Whenever objection to an increase is filed with it, the Personnel Department shall notify the officer or employee affected that their step advancement has not been approved.

C. Appeal: In the event there is objection, the salary increase herein provided for shall be suspended for a period of thirty (30) days during which time the officer or employee concerned may appeal to the Civil Service Board; provided, however, that any objection of the Council to an increase in salary of the City Manager, City Attorney or other officer appointed by the Council shall be final, except as hereinafter provided. If such appeal is filed, the Board shall afford the officer or employee a hearing and shall either sustain or overrule the objection of the department head or City Manager, depending upon whether the Board finds and determines that the officer or employee has or has not attained sufficient efficiency or experience in their office or employment to warrant an increase in compensation. If the objection of the department head or City Manager, as the case may be, is sustained, or if the officer or employee shall fail to file an appeal with the Board as herein provided the officer or employee shall receive no salary increase to the next higher step number for the time being; however, if the objection of the department head or City Manager is overruled, the salary of the officer or employee shall be advanced to the next higher step number as of the date when it would have been advanced had there been no objection thereto.

D. Eligibility After Denial: Failure to receive a salary increase as herein provided shall not preclude any officer or employee from thereafter receiving such increase. After failing to receive a step number salary increase as herein provided, any officer or employee so affected shall receive such increase after they shall have been classified in their current step number for an additional six (6) months, and, in the event the increase is again successfully opposed as herein provided, the officer or employee shall be eligible for such increase yearly thereafter, subject, however to objection and denial as herein provided.

E. Acceleration: Step advancement may be accelerated in the case of the City Manager and the City Attorney by the Council, and in the case of all other officers and employees by the City Manager, except that as to employees each of the following conditions shall be complied with:

1. The department head in their written request for acceleration certifies that the employee has performed their work in an outstanding, meritorious manner, giving the reasons therefor, or certifies that the employee has regular, full time responsibilities of supervision whose rate of pay is equal to or less than one or more of their subordinates and that in making the request they have already exhausted the assignment resources which would have placed a senior supervisor over a senior subordinate; provided that for supervisory responsibilities, the acceleration will not result in a rate of pay which shall exceed the rate of pay next higher than that of the highest paid subordinate, other than those subordinates who are being paid at a “Y” rate, are on temporary service, or are being paid a salary differential to which the supervisor is not entitled. Requests for acceleration on the basis of supervisory-subordinate relationship shall be submitted to the City Manager through the Employee Relations Administrator and the department head shall use such references as the class specifications and the most recent organization chart approved by the City Manager, or in case these are not conclusive, they shall include a written statement setting forth the duties and the place of the position in the department organization. The anniversary date of the supervisor whose salary is accelerated as herein provided shall not be changed by such acceleration.

2. At least six (6) months have elapsed after the employee’s appointment to the classification.

3. Not more than two (2) salary steps are recommended.

4. The employee has had no previous step advancement acceleration during their employment in the particular classification.

5. The employee’s seniority held in the step from which advanced is carried forward. [Formerly numbered Section 2-94; renumbered by Ord. No. 3058, eff. 2/21/87; 2194.]

2-1-706: PART TIME EMPLOYEES:

Part time employees who are in a probationary or permanent status shall hereafter earn seniority and be credited with prior service rendered in such status. Salaries shall be adjusted pursuant to this provision retroactive to July 1, 1960. [Formerly numbered Section 2-95; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-707: “Y” SALARY RATE:

Whenever the salary of any office or employment is lowered, such change shall not affect any person then holding such office or employment. Such person shall continue to receive this current rate of pay together with any step advancements to which they may be entitled in accordance with the provisions of this article. Additional increases may be prescribed by the Council if recommended by the City Manager and Civil Service Board. Rates of pay established under this section shall be distinguished by the addition of the letter “Y”. This designation shall be removed whenever the rate of pay for the office or employment shall be increased to an amount which equals or exceeds the “Y” rate at the then current step. [Formerly numbered Section 2-96; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-708: HOURLY RATES; COMPUTATION:

Hourly rates of compensation for offices and employments, the salaries of which are fixed by reference to the five-step salary schedule, shall be computed as follows:

40 hour week: annual rate divided by 2080

42 hour week: annual rate divided by 2184

44 hour week: annual rate divided by 2288

48 hour week: annual rate divided by 2496

56 hour week: annual rate divided by 2912

[Formerly numbered Section 2-97; renumbered by Ord. No. 3058, eff. 2/21/87; 2325, 2229.]

2-1-709: RATE PAYABLE TO TEMPORARY SERVICE APPOINTEES:

Except as herein otherwise provided, temporary service appointees to an office or employment, the salary of which is fixed by reference to the five-step salary schedule, shall be paid at the hourly rate for step no. 1 of said salary schedule, unless such appointee is already employed by the City and is being paid a monthly rate of salary, in which event they shall receive a provisional appointment. [Formerly numbered Section 2-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-710: DIFFERENTIAL PAY:

A. Definitions: For purposes of this section, the following definitions shall govern:

DIFFERENTIAL PAY: That addition to the base salary of a City officer or employee determined by reference to assignment, work week, or certification.

FULL TIME EMPLOYEE: An employee other than a safety member of the Fire or Police Department who normally works forty (40) hours or more a week exclusive of overtime.

SECOND SHIFT: An eight (8) hour work period starting between the hours of two o’clock (2:00) P.M. and eight o’clock (8:00) P.M.

THIRD SHIFT: An eight (8) hour work period starting between the hours of eight o’clock (8:00) P.M. and two o’clock (2:00) A.M.

B. Entitlement; Amount: An officer or employee shall receive differential pay in such amount and under such terms and conditions as specified by resolution of the Council. [Formerly numbered Section 2-99; renumbered by Ord. No. 3058, eff. 2/21/87; 3007, 2947, 2936, 2919, 2900, 2880, 2840, 2764, 2762, 2760, 2753, 2741, 2670, 2641, 2638, 2635, 2632, 2573, 2571, 2450, 2448, 2428, 2344, 2291, 2257, 2254, 2206, 2199.]

2-1-711: OVERTIME PAY:

Officers and employees of the City shall be compensated for overtime work at the rate of one and one-half (11/2) times their regular compensation, or given time off with pay in lieu thereof, in accordance with and subject to such policies and conditions as may be adopted by resolution of the Council. [Formerly numbered Section 2-100; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-712: PAY FOR ASSISTING AT ELECTIONS:

Officers and employees of the City other than those regularly employed in the City Clerk’s office shall be compensated for assisting the City Clerk on election days at such rate as may be prescribed by resolution of the Council. Such work shall not be deemed to be overtime. [Added by Ord. No. 2712; replaces section repealed by Ord. No. 2320; formerly numbered Section 2-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-713: RESERVED:

[Deleted by Ord. No. 3442, eff. 9/14/96.]

2-1-714: EFFECT OF COUNCIL RESOLUTION:

Council may, by resolution, including a Memorandum of Understanding approved by Council resolution, establish different employment terms, conditions, positions, benefits or procedures than those provided in this article. [Added by Ord. No. 3007; replaces section repealed by Ord. No. 2320; formerly numbered Section 2-103; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

ARTICLE 8. BONDS

2-1-801: PERSONNEL REQUIRED TO BE BONDED¹⁷:

A. Amounts and Conditions; Duty of Officers: All officers and employees of the City, except as otherwise provided hereinafter, shall each be bonded at the expense of the City in a sum not less than twenty five thousand dollars ($25,000.00) by a Public Employees’ Faithful Performance Blanket Bond in favor of the City providing for the faithful performance of the official duties of such officers and employees, including accounting for all sums of money coming into their hands or under their control and also including any other municipal offices of which any officer may be an ex officio incumbent.

B. Different Amount For Certain Officers and Employees: Said bond shall be in a sum of not less than fifty thousand dollars ($50,000.00) for the following officers and employees: Members of the Council, City Manager, City Attorney, City Clerk, Assistant City Manager, Assistant to the City Manager, Library Services Director, Assistant Public Works Director/Building Official, Fire Chief, General Manager of the Public Service Department, Park, Recreation and Community Services Director, Employee Relations Administrator, Budget Administrator, Chief of Police, Public Works Director, Information Systems Director, Community Development Director, Assistant City Treasurer and Senior Clerk in City Treasurer’s Office, Financial Services Officer and Management Services Director.

C. Exception for Police Department: With the exception of the Chief of Police, said bond need not include the faithful performance of the official duties of police officers in the Police Department but shall require that such employees account for all monies coming into their hands or under their control in the performance of their official duties.

D. City Treasurer: The City Treasurer shall be bonded in the sum of one hundred thousand dollars ($100,000.00). Such bond may be by separate corporate surety bond. [Formerly numbered Section 2-112; renumbered by Ord. No. 3058, eff. 2/21/87; 3028, 2967, 2931, 2281, 2220.]

2-1-802: CITY TO PAY PREMIUM:

See Charter Section 370. [Formerly numbered Section 2-113; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 9. CLAIMS AND DEBTS

2-1-901: EVALUATION AND PAYMENT OF CLAIMS:

A. Authority of City Council: Except as otherwise provided herein, the City Council shall have the exclusive authority to evaluate, reject, allow and/or compromise all claims, potential litigation and/or litigation filed against the City, its officers, agents and employees. No payment shall be made for personal injuries or property damages arising out of the actions of the City and its agents, officers and employees except as provided in this section.

B. Settlement of Claims: For any claim or litigation filed against the City where the amount sought is less than or equal to the amount established by City Council Resolution , and where the City Attorney determines that the City is or is likely to be held legally liable, such claim or litigation may be allowed, rejected and/or settled with the approval of all of the following: City Manager, City Attorney, and Management Services Director or their respective designees.

C. Piecemeal Payments: It is the policy of the City Council to encourage certainty and finality in any settlement of claims or litigation and except as otherwise provided herein, piecemeal payments to claimants or litigants are discouraged. In any event, if partial payments for the same claim are made, the totality of payments may not exceed the limit established by City Council Resolution for settlement authority without the approval of the City Council.

D. No Admission of Liability: Any payments or expenditures made by the City pursuant to this section shall not be construed as an admission of liability by the City, its officers and/or employees for any such incident. [Formerly numbered Section 2-114; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 21-3,960, eff. 8/27/21; 3775; 3037.]

2-1-902: ILLEGAL CLAIMS:

See Charter Section 1045. [Formerly numbered Section 2-115; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-903: PAYMENT OF CITY MONIES:

A. Audit and Approval Of Demands Required; Exception: No demand against the City for the payment of money shall be satisfied until it is first authorized by the responsible department manager or other officer and audited and approved for availability of appropriation by the Management Services Director or their designee.

B. Appeal to Council: Any person aggrieved by the refusal of the responsible department manager or other officer to authorize a demand, or of the Management Services Director or their designee to approve a demand, may appeal such decision to the Council. The Council may approve the demand, if sufficient funds are available and appropriated therefor.

C. Warrants: Whenever a demand is approved as herein before provided, the Management Services Director or their designee shall draw and sign a warrant or warrants on the City Treasury for the payment thereof. A warrant not paid for the lack of funds shall be registered, and all registered warrants shall be paid in the order of registration when funds are available therefor.

D. Countersigning Warrants: The City Treasurer or their designee may countersign any warrant drawn and signed by the Management Services Director or their designee as hereinbefore provided. When countersigned, such warrant shall be negotiable. [Formerly numbered Section 2-116; renumbered by Ord. No. 3058, eff. 2/21/87; 3028, 2932, 2215.]

2-1-904: REFUND OF CERTAIN MONIES COLLECTED:

A. Grounds for Refund: The City Manager may make a refund, in whole or in part of monies collected by the City in the following instances:

1. Where the money was either paid by the claimant or received by the City through mistake, inadvertence, or error of law or of fact.

2. Where the claimant was entitled to an exemption from payment of the monies collected or received but neglected or otherwise failed to claim such exemption at the time of payment.

3. Where the exercise of right or privilege for which the money was paid, and before such exercise began, was made illegal or physically impossible without the fault of the person making the payment or the person entitled to exercise the right or privilege.

4. Where a refund is otherwise provided by law, except as provided in Section 2-1-117 of this code.

B. Lapse Of Time: In order to qualify for a refund hereunder, claims must be filed not later than three (3) months from the date the money is collected or received by the City, except that where the claim for refund is founded upon subsection A3 of this section, the claim must be filed not later than three (3) months from the date on which the exercise of the right of privilege for which the money was paid was made illegal or physically impossible. [Formerly numbered Section 2-118; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-905: INSTALLMENT PAYMENTS; GENERALLY:

Whenever it is provided in this code that a payment to the City, or an assessment or charge by the City, for work done or to be done, may be paid in installments in accordance with the provisions of this section, the person required to make such payment, or to pay such assessment or charge, may do so in the manner and subject to the conditions herein set forth, unless otherwise provided:

A. Terms Of Payment: Payment shall be made in five (5) equal installments consisting of:

1. Twenty percent (20%) down at the time the agreements hereinafter required are executed;

2. Twenty percent (20%) three (3) months thereafter or within thirty (30) days after notice of completion of the work or improvement, whichever is later; and

3. Twenty percent (20%) each three (3) months thereafter until the amount of the payment, assessment or charge is fully paid; provided, however, that if the work has been completed, the payments shall be made twenty percent (20%) down at the time the agreements hereinafter required are executed, and twenty percent (20%) each three (3) months thereafter until fully paid.

B. Agreements: The person required to make the payment, or to pay the assessment or charge, shall execute and deliver to the City Treasurer an installment payment agreement and lien agreement as provided in Section 2-1-906 of this code. The installment payment agreement shall be for the balance of the monies due, and the lien agreement shall encumber the property to be benefited by the work or improvement as security for the payment of said balance.

C. Charge: The person required to make the payment, or to pay the assessment or charge, shall pay the sum of five dollars ($5.00) to the City Treasurer for recording the lien agreement and as a charge for administering the collection of the installment payments.

D. Approval by City Manager: Installment payments under this section may be made only when the work or improvement has been approved for installment payment by the City Manager. The City Manager shall not approve any work or improvement for installment payment unless they certify that sufficient funds are available to provide for the necessary appropriation by the City to finance the completion of the work or improvement pending the receipt of payments and assessments from property owners to be benefited thereby.

E. Minimum Amount to Which Applicable: Unless the amount of the payment, assessment, charge, or unpaid balance thereof, is twenty five dollars ($25.00) or more, this section shall not be applicable. [Formerly numbered Section 2-119; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-906: INSTALLMENT PAYMENT AGREEMENTS:

A. Approval As To Form; Interest: Every agreement authorized under Section 2-1-905 of this code shall be executed by the owner of the property to be benefited by the work or improvement, shall be submitted to the City Attorney for approval as to form, and shall contain the usual provisions contained in a promissory note and mortgage, including the provision that deferred balances shall bear no interest before delinquency but that any sum delinquent shall bear interest from the date when due until paid, at the rate of seven percent (7%) per annum, and that in case of foreclosure all necessary and reasonable court costs and expenses of foreclosure including the cost of obtaining a guaranteed title search of said property for foreclosure purposes and all other expenses incurred or paid out by the City in protecting its security, shall be paid by the owner of the property.

B. City Treasurer May Refuse: The City Treasurer may before accepting said agreements, require of the petitioner an up to date certificate of title showing the liens, claims and encumbrances, if any, against such property and may refuse to accept such agreements unless it satisfactorily appears that the lien agreement constitutes good and sufficient security for the payment of the deferred installments.

C. Recording Lien Agreement; Satisfaction: The City Treasurer shall cause said lien agreement to be recorded in the office of the County Recorder, and when the sum secured thereby has been paid in full the City Treasurer is hereby authorized and empowered to execute and deliver to the owner or their agent, on behalf of the City, a release and satisfaction of such lien and the debt which it secures. [Formerly numbered Section 2-120; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 10. RECORDS; FILING AND USE

2-1-1001: FILING WITH CITY CLERK REQUIRED:

The following papers, documents and instruments of the City shall be delivered into the custody and care of the City Clerk and shall be retained by them subject to the terms of this article, or other order of the Council, or laws of the State, which may be applicable thereto.

A. Council Papers And Documents: All written instruments, papers and documents other than warrants, demands or instruments marked, or otherwise indicated, for transmittal or filing elsewhere, which come before, are presented to, approved or adopted by, or otherwise referred to, or passed upon, by the Council at any regular, adjourned or special meeting.

B. Insurance Policies: All policies of insurance of every kind and character purchased by, or delivered to, the City for its benefit or for the benefit of the public.

C. Title Certificates: All evidences of, or certificates of, title to real or personal property belonging to the City, including, but not limited to, deeds, automobile pink slips and bills of sale.

D. Guaranty And Surety Bonds: All guaranty and surety bonds required by any ordinance of the City to be filed with the City or any department or official thereof by licensees or holders of permits. [Formerly numbered Section 2-121; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1002: USE BY OFFICERS AND EMPLOYEES OF CITY:

The City Clerk shall keep and retain all said papers, documents and instruments delivered to and under their care and custody, subject to use by City officials and employees in the manner following:

A. For examination in the City Clerk’s office; and

B. For removal from the City Clerk’s office in connection with City business for a period of not to exceed two (2) weeks and then only upon record of such removal, with the date thereof made by the City Clerk and signed by the City official or employee withdrawing the same. The City Clerk, upon the return of such documents at the expiration of two (2) weeks, shall permit withdrawal for additional two (2) week periods of time in the manner aforesaid. [Formerly numbered Section 2-122; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1003: INSPECTION BY PUBLIC:

See Charter Section 1300. [Formerly numbered Section 2-123; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1004: AVAILABILITY OF CERTIFIED COPIES; COSTS¹⁸:

Certified, or other copies, of all papers, documents and instruments on file in the City Clerk’s office shall be furnished to any person, requesting the same upon prepayment to the City Clerk of a reasonable charge to be fixed by them which will cover the cost of reproduction and certification of such documents as are requested. No charge shall be made to any City official or employee requesting such copy or copies for City business. [Formerly numbered Section 2-124; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1005: DELIVERY TO SUCCESSOR:

See Charter Section 1300. [Formerly numbered Section 2-125; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1006: INSURANCE POLICIES AND BONDS; DUTY OF CITY CLERK TO NOTIFY CITY MANAGER OF EXPIRATION:

It shall be the duty of the City Clerk, not less than sixty (60) days prior to the expiration of any policy of insurance or surety or guaranty bond purchased by the City, such as the City automobile fleet insurance or public liability policy and filed with them hereunder, to notify the City Manager in writing, giving the name of the insured, the insurance carrier, surety or guarantor, and coverage, and the date of expiration of such policy or policies. [Formerly numbered Section 2-126; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1007: DESTRUCTION OF DUPLICATE RECORDS NO LONGER REQUIRED:

The City Manager may authorize destruction of duplicate records no longer required, provided the original record is retained. [Formerly numbered Section 2-127; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 11. POLICE BADGES AND IDENTIFICATION CARDS

2-1-1101: DEFINITION:

OFFICIAL POLICE OFFICER’S BADGE: Shall mean a badge of the size, type and design last approved by the Chief of Police for the use of regular Police Officers of the City. [Formerly numbered Section 2-128; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1102: ISSUANCE:

A. Badges: Official Police Officer’s badges shall be issued by the Chief of Police and they may issue one to each regular Police Officer of the City and to any other officer or employee of the City whose duties require the wearing of such badge and who has been sworn in as a Police Officer.

B. Identification Cards: The Chief of Police is authorized and directed to issue to each and every regular Police Officer of the City a numbered identification card which shall bear the printed name, signature, photograph and right index fingerprint of each such regular Police Officer. Each such card shall bear the signature of the Chief of Police or their duly appointed deputy and shall state that the holder thereof is a Police Officer of the City. [Formerly numbered Section 2-129; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1103: UNAUTHORIZED POSSESSION:

No person shall have in their possession or wear, display or carry any official Police Officer’s badge or Police Department identification card which has not been issued to them by the Chief of Police, nor after their right to use such badge or card has been terminated shall they possess or wear such badge or card or have in their possession or wear another badge, star, shield, miniature, ring, charm or insignia regardless of the size, shape or design thereof, which has on it the words or substance “Burbank Police”, “Burbank Detective” or “Burbank Police Department” or similar designation whether used separate, together or in combination with any other words indicating a connection with the Burbank Police Department, or which is identical in design with or which so resembles an official Police Officer’s badge that it may be readily mistaken for such a badge. [Formerly numbered Section 2-130; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1104: RETIRED OFFICERS:

Notwithstanding any other provision of this article, any person who has been, during their lifetime, a duly and legally appointed, commissioned and sworn Police Officer of this City and who has honorably retired from such position prior to the effective date of this section may retain and carry any badge lawfully issued to them or otherwise lawfully acquired by them during their service or incident to their retirement, provided the word “retired” is plainly shown on such badge, by being engraved or embossed thereon or otherwise permanently affixed thereto. Any legally sworn Police Officer who is honorably retired after the effective date of this section may possess and carry a badge which shall be expressly adopted or approved for such specific purpose by the Chief of Police. Such badge must plainly show the word “retired” thereon and must be so styled as to be readily distinguishable from the official Police Officer’s badge. Honorably retired Police Officers may retain possession of their identification card after the word “Retired” has been printed across the face thereof. Such retired officer’s badge and card shall be subject to confiscation by the Chief of Police if worn or displayed by any person other than the true owner or used for any unlawful purpose. [Formerly numbered Section 2-131; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1105: IMITATION OF BADGE BY OTHER DEPARTMENTS:

No department of the City government shall use a design or insignia for an official badge for said department identical with or similar to an official Police Officer’s badge. [Formerly numbered Section 2-132; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1106: IMITATION OF CARD:

No person shall print or issue or have in their possession any identification card similar to the identification card mentioned in subsection 2-1-1102B of this article, or any identification card stating that the person whose name appears thereon is a Police Officer or sworn officer of this City. [Formerly numbered Section 2-133; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 12. SECRET SERVICE

2-1-1201: SECRET SERVICE ACCOUNT; ESTABLISHED:

There is hereby established a Secret Service Account to be administered by the Chief of Police. All appropriations made to the Police Department for secret service work shall be placed to the credit of said account and no expenditure shall be made hereunder except from funds appropriated therefor. [Formerly numbered Section 2-134; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1202: USED FOR CRIME DETECTION:

Monies in the Secret Service Account may be used by the Chief of Police for expenses incurred in criminal cases arising within the City, in which the people of the City or the people of the State are interested, and for such expenses necessarily incurred by them in the detection of crime. The Chief of Police shall not disburse or permit any of the said Secret Service Account to be used: a) for augmenting the salary or allowance of any member of the Police Department for personal services; b) for any fixtures, equipment or supplies for the general use of the Department. [Formerly numbered Section 2-135; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1203: MANNER OF DRAWING DEMANDS:

As required, the Chief of Police may draw demands against said monies, payable to themselves as Chief of Police, and upon receipt of the said monies shall thereafter safely keep them and expend them for secret service purposes. It shall be sufficient in drawing demands on the Secret Service Account to designate the purpose thereof as “for secret service” and the Management Services Director or Financial Services Officer may audit any such demand or warrant and the City Treasurer may pay the same without further specification as to object. [Formerly numbered Section 2-136; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1204: ACCOUNTING TO CITY MANAGER:

The Chief of Police shall submit to the City Manager, once a month, or more frequently if the City Manager so requires, a detailed account showing amounts and general purposes for which the funds were expended. So far as possible and consistent with the public safety, the City Manager may require such statement to specify each expenditure made, the recipient thereof and the investigation or cause involved. [Formerly numbered Section 2-137; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1205: EXPENDITURES CONFIDENTIAL:

When, in the opinion of the Chief of Police, the public interest would suffer by the disclosure of the name of any person to whom any sum or sums were paid or advanced, or the cause for which the same was expended or advanced, such record shall be maintained confidential, in the public interest. For accounting purposes the Chief of Police may indicate the name of such person or describe the police operation by an appropriate key or symbol. They shall not be compelled to disclose the identity of such operative or operation to any officer or person except to the City Manager, and any disclosures made as required hereunder shall be maintained confidential by the City Manager, excepting where such disclosure reveals illegal use of such funds or malfeasance in relation thereto. [Formerly numbered Section 2-138; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1206: PAYMENT OF DEMANDS:

No demand upon the Treasurer or warrant drawn by or payable to the Chief of Police for secret service purposes as aforesaid, shall be issued or paid until the Chief of Police shall first have accounted, as required herein, for all amounts previously advanced, showing the balance of such account still in their hands. [Formerly numbered Section 2-139; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1207: SERVICES NOT WITHIN PERSONNEL SYSTEM:

Any person, other than a regular employee of the City who for a consideration or otherwise makes special investigations or furnishes special information to the Police Department in individual instances or for limited periods, shall not be deemed to be an employee of this City for any purpose and services rendered hereunder are not included within the competitive or personnel system of the City and no person rendering services hereunder shall have any claim of any kind whatsoever to the benefits or privileges of such system. Such persons paid by the Chief of Police from the Secret Service Account for secret service information shall have no right to Workmen’s Compensation, leave, vacation, retirement, permanence, or any other emolument, right or privilege of employees of the City of Burbank. [Formerly numbered Section 2-140; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1208: USE OF FUNDS FOR EMPLOYMENT OF EXPERTS:

The Chief of Police may, in the course of secret service investigations, expend the funds of the Secret Service Account in securing the opinion of handwriting experts, experts in ballistics, and other experts in police science necessary to the conduct of crime prevention and detection by the Department as well as for the services of special investigators, information, and the like. [Formerly numbered Section 2-141; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1209: DELEGATION OF AUTHORITY TO DEPUTY:

Whenever the Chief of Police is mentioned herein, the powers and duties conferred may be exercised or performed by a deputy as designated by them. [Formerly numbered Section 2-142; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 13. COMPELLING ATTENDANCE OF WITNESSES

2-1-1301: SUBPOENAS; RIGHT TO ISSUE:

The Council and every board and commission provided for by the Charter and by ordinances adopted pursuant to the authority of the said Charter may issue subpoenas in the name of the City of Burbank requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceedings pending before the Council or any board or commission. [Formerly numbered Section 2-143; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1302: EXECUTION OF SUBPOENAS:

Subpoenas shall be signed by the Mayor on matters pending before the Council and shall be signed by the Chairperson on matters pending before a board or commission. All subpoenas shall be issued in the name of the City and shall be attested by the City Clerk and the corporate seal of the City affixed thereto. [Formerly numbered Section 2-144; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1303: SERVICE OF SUBPOENAS:

The Chief of Police must, on request of any member of the Council or Board or Commission, detail a Police Officer or Police Officers to serve such subpoena. [Formerly numbered Section 2-145; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1304: NEGLECT OR REFUSAL TO OBEY SUBPOENA; REFUSAL TO TESTIFY:

Every person who, being subpoenaed to attend as a witness before the Council, or any board or commission, refuses or neglects, without lawful excuse to attend pursuant to such subpoena and every person who, being present before the Council, or any board or commission, wilfully refuses to be sworn or to answer any material or proper question, or to produce, upon reasonable notice, any material and proper books, papers or documents in their possession or under their control, is guilty of a misdemeanor and punishable by a fine of five hundred dollars ($500.00) or six (6) months in the City or County Jail or both such fine and imprisonment. [Formerly numbered Section 2-146; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1305: ALTERNATIVE PROCEDURE APPLICABLE TO COUNCIL ONLY:

Sections 37104, 37105, 37106, 37107, 37108 and 37109 of the Government Code of the State and other applicable state laws be and the same are hereby adopted and incorporated herein as an alternative procedure to be followed in the discretion of the Council. [Formerly numbered Section 2-147; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 14. ENFORCEMENT OF CODE

2-1-1401: DEFINITION:

ENFORCEMENT: Shall mean the making of investigations as may be required, demanding and signing criminal complaints, appearing as a witness in any prosecution when so required, and generally doing all things necessary and proper to enforce and obtain compliance with this code. [Formerly numbered Section 2-148; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1402: PRIMARY RESPONSIBILITY FOR ENFORCEMENT:

Whenever the enforcement of any provision of this code or City Charter is imposed upon or delegated to a specific officer or employee of the City, such officer or employee shall be primarily responsible for the enforcement thereof. In the absence of any specific imposition or delegation of enforcement responsibility, the City Manager shall be primarily responsible for enforcing the provisions of this code and Charter. Nothing in this section, or any other provision of this article, shall be construed as precluding any officer, employee or citizen of the City from enforcing the provisions of this code or City Charter in any manner required or permitted by law. [Formerly numbered Section 2-149; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1403: ENFORCEMENT OF PERMIT REGULATIONS:

A. When the permit is granted by the Council, the City Manager shall be the responsible officer;

B. When the permit is granted by a department, the head of such department shall be the responsible officer or employee;

C. When the permit is granted by the following board, commission and committee, the responsible officer or employee shall be as indicated:

1. City Planning Commission - Superintendent of the Building Department.

2. Traffic Commission - City Manager.

3. Police Commission - Chief of Police. [Formerly numbered Section 2-150; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3,893, eff. 12/16/22; 3755, 2193.]

2-1-1404: RESPONSIBILITY OF CITY MANAGER IN CASE ENFORCEMENT NEGLECTED:

Whenever an officer or employee primarily responsible for enforcing any provision of this code or City Charter fails, neglects or refuses to perform such duty and such failure, neglect, or refusal is brought to the attention of the City Manager, the City Manager shall enforce such provision of law and cause such penal and disciplinary action to be brought against the officer or employee as may be warranted under the circumstances. [Formerly numbered Section 2-151; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1405: REPORTS ON NECESSARY LEGISLATION:

Every officer and employee charged with the primary responsibility of enforcing any provision of this code shall report and recommend to the City Manager concerning any new legislation required in their field of responsibility when needed to preserve the public peace, safety, health and welfare, and they shall transmit an information copy of all such reports and recommendations to the City Attorney. The City Manager shall communicate all recommendations which meet with their approval to the Council. [Formerly numbered Section 2-152; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1406: CITY JAIL:

The portion of the City Hall Annex located at 272 East Olive Avenue, in the City, designated as quarters and accommodations for prisoners, is hereby established as the City Jail and declared hereby to have been the City Jail since May 15, 1961. [Formerly numbered Section 2-153; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1407: PRISONERS:

A. Performing Labor On Public Works: Persons confined in the City Jail under a final judgment of imprisonment for violation of or failure to comply with any provision of this code or any ordinance may be required by the Chief of Police to perform labor on the streets or other public property or works within the City. The phrase, “streets or other public property or works within the City”, as used in this section shall include among other things, clerical and menial labor in the City Jail, or in any camp maintained for the labor of such persons, on the streets or other public property, or works within the City.

B. Escape: Any prisoner performing labor as above directed who shall escape while so laboring or while going to or returning from such labor, shall be guilty of a misdemeanor. [Formerly numbered Section 2-154; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1408: ENFORCEMENT OF VARIOUS CODE PROVISIONS:

The following provisions of this code, unless otherwise provided therein, shall be enforced by the officer or employee of the City designated opposite each such provision, except that compliance with the license requirements shall remain the primary responsibility of the Community Development Director as provided in Section 3-6-104 of this code and compliance with the permit requirements shall remain the primary responsibility of the officers and employees designated in Section 2-1-1403 of this article:

A. Title 2, Chapter 1 [Administration]

Sections 2-1-1101 through 2-1-1106 Chief of Police;

B. Title 3, Chapter 1 [Advertising] Chief of Police, except as follows:

Section 3-8 - Community Development Director;

Section 3-48 - Fire Chief;

C. Title 3, Chapter 2 [Alcoholic Beverages] Chief of Police;

D. Title 3, Chapter 3 [Amusements] Chief of Police;

E. Title 5, Chapter 1 [Animals] Animal Shelter Superintendent, except as follows:

Sections 5-1-101 through 5-1-208 - Health Officer;

Section 5-1-211 - Health Officer;

Section 5-1-212 - Health Officer;

F. Title 9, Chapter 1 [Building] Assistant Public Works Director/Building Official;

G. Title 3, Chapter 4 [Business] Chief of Police, except as follows:

Section 3-4-102 - Community Development Director;

Section 3-4-110 - Public Works Director;

Section 3-4-1209 - Community Development Director;

Sections 3-4-1801 through 3-4-1826 - Community Development Director;

H. Title 5, Chapter 2 [Disasters] City Manager, except as follows:

Sections 5-2-201 through 5-2-205 - Employee Relations Administrator;

Sections 5-1-301 through 5-2-302 - Chief of Police;

I. Title 8, Chapter 2 [Electricity] General Manager of Public Service Department;

J. Title 7, Chapter 1 [Excavations] Public Works Director, except as follows:

Section 7-1-106 - Community Development Director;

Section 7-1-107 - Community Development Director;

Section 7-1-301 - Community Development Director;

K. Title 9, Chapter 2 [Fire Prevention] Fire Chief;

L. Title 3, Chapter 5 [Food and Food Establishments] Health Officer;

M. Title 4, Chapter 1 [Health] Health Officer, except as follows:

Sections 17-19 through 17-22 - Assistant Public Works Director/Building Official;

N. Chapter 18 [Housing] Assistant Public Works Director/Building Official, except as follows:

Sections 18-63 through 18-77 - Health Officer;

O. Title 3, Chapter 6 [Licenses] Community Development Director;

P. Title 5, Chapter 3 [Morals and Conduct] Chief of Police, except as follows;

Section 5-3-201 - Public Works Director;

Section 5-3-203 - Assistant Public Works Director/Building Official;

Section 5-3-207A4 - Park, Recreation and Community Development Director;

Section 5-3-208 - General Manager of Public Service Department;

Q. Title 9, Chapter 3 [Noise Control] and 22 [Plumbing] Assistant Public Works Director/Building Official, except as follows:

Sections 21-10 and 21-13 through 21-21 - Chief of Police;

R. Title 7, Chapter 2 [Public Transportation] Chief of Police;

S. Title 4, Chapter 2 [Refuse] Health Officer, except as follows:

Section 4-2-108 through 4-2-111 - Public Works Director;

Section 4-2-119 - Fire Chief as to fire regulations;

Sections 4-2-201 through 4-2-206 - Public Works Director;

Sections 4-2-301 through 4-2-309 - Public Works Director;

T. Title 8, Chapter 1 [Sewers] Public Works Director;

U. Title 7, Chapter 3 [Streets] Public Works Director, except as follows:

Sections 7-3-434 through 7-3-438 - City Treasurer;

V. Title 11 [Subdivisions] Community Development Director, except as follows:

Sections 11-1-401 - Public Works Director;

W. Title 7, Chapter 4 [Trees and Vegetation] Park, Recreation and Community Services Director;

X. Title 6 [Vehicles and Traffic] Chief of Police, except as follows:

Sections 8-2-1903 through 8-2-1911 - Community Development Director;

Y. Title 8, Chapter 2 [Water] General Manager of Public Service Department; and

Z. Title 10 [Zoning] Community Development Director.

[Formerly numbered Section 2-155, renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3028, 2338, 2336, 2330, 2282, 2193.]

2-1-1409: JUDICIAL REVIEW:

The provisions of Section 1094.6 of the California Code of Civil Procedure shall be applicable to all decisions of the Council, or any board, commission, panel or officers of this City, which is subject to judicial review pursuant to Section 1094.5 of the California Code of Civil Procedure. This section shall not apply to any determination regarding disability retirement of safety employees made pursuant to the provisions of Title 2, Chapter 1, Article 17 of this code. [Amended by Ord. No. 3128, eff. 10/29/88; formerly numbered Section 2-156; renumbered by Ord. No. 3058; 3048.]

ARTICLE 15. DENIALS, REVOCATIONS, SUSPENSIONS OF PERMITS, AND A UNIFORM APPEAL PROCEDURE

2-1-1501: APPEAL FROM CERTAIN ADMINISTRATIVE DECISIONS; PERMIT APPEALS PANEL:

Any applicant dissatisfied with any decision of a decision maker may appeal such decision to the Permit Appeals Panel. The Permit Appeals Panel shall consist of the City Manager and two (2) department heads selected by the City Manager. [Added by Ord. No. 3048, eff. 1/6/87; amended by Ord. No. 3328, eff. 2/13/93.]

2-1-1502: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

APPLICANT: Any person who has applied for or has received a license.

CITY ATTORNEY: The City Attorney of the City of Burbank, or their designee.

CITY MANAGER: The City Manager of the City of Burbank, or their designee.

DECISION: Any final determination by a decision maker regarding the issuance, granting, denial, suspension, or revocation of a license.

DECISION MAKER: The official, committee, or board of the City which made a decision regarding an applicant and which affects the applicant’s license.

DEPARTMENT HEAD: The head of a department of the City who does not have any jurisdiction over an applicant or the administration of the license involving an applicant.

LICENSE: Any permit, license, or entitlement issued or approved by the City or a decision maker under this code.

NOTICE OF APPEAL: A standard form document approved by the City Clerk and completed in the manner required by this article. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1503: EXCEPTIONS:

The provisions of this article do not apply to any decision of the Public Works Director relating to news racks pursuant to Title 5, Chapter 3, Article 10 of this code, any decision of the Permit Appeals Panel pursuant to Title 3, Chapter 3, Article 9 of this code, the Planning Commission, the Civil Service Board, the Building and Fire Code Appeals Board, or any decision which may be appealed to one of these boards/commissions, unless otherwise expressly provided for in this code. [Amended by Ord. No. 3,893, eff. 12/16/22; 3558, 3108, 3048.]

2-1-1504: NOTICE OF APPEAL; TIME AND PLACE FOR FILING:

A. Notice of Appeal: Any applicant who has a right of appeal of a decision as provided in this article may file a written Notice of Appeal with the City Clerk. The Notice of Appeal shall be filed, if at all, not later than ten (10) days after the mailing of a notice of decision by the decision maker.

B. Jurisdiction: No appeal shall be considered by the Permit Appeals Panel unless the Notice of Appeal is filed within this ten (10) day period. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1505: CONTENTS OF NOTICE OF APPEAL:

Every Notice of Appeal shall contain a statement of the facts upon which it is based in sufficient detail to enable the Permit Appeals Panel to understand the nature of the controversy and the contentions of the parties concerned. The Notice of Appeal shall also contain a statement of the relief requested. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1506: REPORT AND OFFICIAL RECORD:

Upon receipt of the Notice of Appeal the City Clerk shall make a copy of the notice and forward it to the decision maker from whose decision the appeal has been filed. The decision maker shall promptly transmit to the City Manager a written report on the matter and a copy of all papers constituting any part of the record upon which the decision was based. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1507: SETTING TIME FOR HEARING; NOTICE OF HEARING:

The City Manager shall set the matter for hearing by the Permit Appeals Panel and shall cause a Notice of Hearing to be given to the applicant and the decision maker, to such other persons as may have identified themselves as interested in the decision, and as otherwise required by the California Ralph M. Brown Act (Govt. C. § 54950 et seq.). [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1508: SERVICE OF NOTICE:

Whenever notice is required by this article to be given, or the service of reports, documents, or papers is required or is directed by the Council or the Permit Appeals Panel to be made, the notice or service may be given or made either in person or by addressing it to the applicant or person requesting notice at the last known address and depositing it, postage prepaid, in the United States mail. Service upon the City shall be made upon the City Clerk. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1509: HEARING BY PERMIT APPEALS PANEL:

The hearing shall be conducted as an independent reexamination of the matter. The party seeking the panel’s review shall have the burden of proof in all cases, and if such party is served with a Notice of Hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the panel may adopt the decision of the decision maker, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the panel shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the panel’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1510: DECISION BY PERMIT APPEALS PANEL:

Upon the hearing of the appeal the Permit Appeals Panel may refer the matter back to the decision maker with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in light of the evidence presented. The decision of the Permit Appeals Panel shall be supported by written findings. The findings shall include the reasons for the panel’s ruling, including, but not limited to, findings of facts, if any, required by the code sections or ordinance upon which the decision is based. Such findings, if any, together with the notice of the panel’s decision shall be served on the applicant, decision maker, and the City Clerk. The decision shall be final unless City Council agrees to accept a further appeal or takes other action as provided in this article. [Added by Ord. No. 3048, eff. 1/6/87; Amended by Ord. No. 3805, eff. 4/15/11.]

2-1-1511: FINDINGS BY THE PERMIT APPEALS PANEL:

[Added by Ord. No. 3048, eff. 1/6/87; Deleted by Ord. No. 3805, eff. 4/15/11.]

2-1-1512: INSTITUTION OF PROCEEDINGS BY COUNCIL:

The Council may, on its own initiative, institute proceedings for the revocation or suspension of any license granted or issued under the provisions of this code. In such event Council shall direct the City Manager to order the applicant to provide reasons why the license or permit should not be revoked or suspended. Such order from the City Manager shall state the grounds of the proposed revocation or suspension, and the time and place of a hearing. The hearing shall be conducted pursuant to Section 2-1-1517 of this article. The findings, if any, and the decision of Council shall be final and conclusive. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1513: APPEALS TO CITY COUNCIL:

Any decision of the Permit Appeals Panel may be appealed to the Council subject to the conditions and the procedures set forth in this article. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1514: NOTICE OF APPEAL; TIME FOR FILING, TIME LIMITS, AND FEES:

A. Filing: Any person wishing to file an appeal of a decision of the Permit Appeals Panel shall, within ten (10) days after the date of service of the Notice of Decision, file a Notice of Appeal with the City Clerk.

B. Filing Fee: Any person filing an appeal from a decision of the Permit Appeals Panel shall pay a fee in an amount specified in the Burbank Fee Resolution.

C. Jurisdiction: No appeal shall be considered by the Council unless the Notice of Appeal is filed within the time limit stated in this section. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1515: CONTENTS OF NOTICE OF APPEAL:

Every Notice of Appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the Council to understand the nature of the controversy and the contentions of the parties concerned. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1516: SERVICE OF NOTICE OF APPEAL; REPORT AND OFFICIAL RECORD:

A. Official Record: The decision maker shall promptly transmit to the City Clerk six (6) copies of the minutes of the Permit Appeals Panel hearing, if any, the Notice of Decision, all papers of the panel constituting any part of the record upon which the decision of the Panel was based and a report setting forth the nature of the permit involved and the reasons for the decision.

B. Council Agenda: The City Clerk shall set a time for the hearing and shall cause a Notice of Hearing to be served upon the applicant and decision maker, to such other persons as may have previously identified themselves as interested in the decision, and as required by the California Ralph M. Brown Act (Gov.C. § 54950 et seq.). [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1517: HEARING BY COUNCIL:

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearing shall be conducted as an independent reexamination of the matter. The party seeking Council’s review shall have the burden of proof in all cases, and if such party is served with Notice of Hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the Council may adopt the decision of the Permit Appeals Panel, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the Council’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1518: DECISION BY COUNCIL:

Upon the hearing of the appeal the Council may refer the matter back to the Permit Appeals Panel with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in the light of the evidence presented. Council’s decision shall be final and conclusive. The decision shall be entered in the City Clerk’s minutes as a motion and served upon the applicant and decision maker. Testimony taken at hearings on appeal, if recorded, will not be transcribed or filed except upon the written request of a party accompanied by payment of the cost of transcription. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1519: FINDINGS BY THE COUNCIL:

After the hearing of the appeal, the Council shall cause the preparation of written findings which shall be considered by the Council and adopted as submitted or as modified by the Council at a regular meeting not later than two (2) weeks following the close of the appeal hearing. The findings shall include the reasons for the Council’s ruling, including, but not limited to, findings of facts, if any, required by the code sections or ordinance upon which the decision is based. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1520: AUTHORITY TO REVOKE OR SUSPEND A PERMIT OR LICENSE:

Any license granted or issued under the provisions of this code may be revoked or suspended at any time by the decision maker. The applicant shall be given written notice of the grounds for the proposed revocation or suspension. The notice to the applicant shall fix a time and place of hearing and shall require the applicant to provide reasons why the permit should not be revoked or suspended. Within five (5) days after the decision, the decision maker revoking or suspending the license shall deliver a written Notice of Decision to the applicant. If the decision is to revoke or suspend the license, the notice shall state the effective date of such decision. The decision maker shall make a written declaration of mailing or proof of personal service and shall file the declaration with the records of the committee or officer. The decision shall be final unless a timely appeal is filed. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1521: GROUNDS FOR REVOCATION OR SUSPENSION:

In addition to any specific reason as may be stated elsewhere in this code, any license granted or issued under the provisions of this code may also be revoked or suspended at any time for any of the following reasons:

A. A material false statement contained in the application;

B. For failure to provide full disclosure of information required by the application;

C. For failure to comply with any regulatory provision contained in the statutes of the State or in the ordinances of the City regulating such business;

D. For failure to operate such business in an orderly and businesslike manner in obedience to such orders, rules and regulations as may be applicable under the provisions of this code or statutes of this State;

E. For conducting such business in an illegal, improper or disorderly manner or in a manner which endangers the public health, safety or welfare; or

F. For any reason which would have constituted grounds for the denial of such permit or license had the facts constituting the basis for such reason been known or existed at the time of issuance. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1522: EFFECT OF REVOCATION OR SUSPENSION:

Until a revoked or suspended license is reinstated, the applicant shall not exercise any of the rights or privileges which such license purports to grant. Whenever the revocation or suspension of a license becomes final and conclusive, all certificates, cards, and other evidence of such license or permit shall be promptly returned to the Community Development Department or other decision maker which issued the same. No license fee, or any part thereof, shall be refunded in the event the license is suspended, revoked or denied. [Added by Ord. No. 3048, eff. 1/6/87; Amended by Ord. 3828, eff. 8/24/12.]

2-1-1523: OTHER PROCEEDINGS NOT BARRED:

Proceedings to revoke or suspend a license under this article shall not bar or in any way limit the right of the City to proceed against an applicant under the penal provisions of this code or pursuant to any other ordinance of the City. [Added by Ord. No. 3048, eff. 1/6/87.]

ARTICLE 16. CONFLICTS OF INTEREST

DIVISION 1. CONFLICTS OF INTEREST CODE

2-1-1601: PURPOSE; ADOPTION OF STANDARD CODE:

A. PURPOSE: The purpose of the Political Reform Act (California Government Code Sections 81000, et seq.) and this Conflict of Interest Code is to ensure that no public official shall make, participate in making or in any way attempt to use their official position to influence a governmental decision in which they know or has reason to know they have a financial interest. Section 18730 of Title 2, Division 6 of the California Code of Regulations, authorizes a City to adopt and promulgate a conflict of interest code by incorporating by reference the provisions of Section 18730, along with a designation of employees and formulation of disclosure categories.

B. ADOPTION OF CONFLICT OF INTEREST CODE: The City of Burbank hereby incorporates the provisions of Section 18730 of the California Code of Regulations, and as amended, along with the Designation of Positions and reporting requirements, as well as defined Disclosure Categories by City Council Resolution, as and for its Conflict of Interest Code. The provisions of this Code and such City Council Resolution shall be in addition to the requirements of Government Code Section 81000, all regulations promulgated in accordance therewith, and all other applicable laws pertaining to conflicts of interest, as presently written or as later amended, all of which are incorporated by reference herein. [Added by Ord. No. 3121, eff. 8/20/88. Amended by Ord. No. 19-3,911, eff. 3/8/19; 3715; 3516.]

2-1-1602: DESIGNATED EMPLOYEES:

[Deleted by Ord. No. 19-3,911, eff. 3/8/19; Added by Ord. No. 3121, eff. 8/20/88; Amended by Ord. No. 16-3,881, eff. 8/12/16; 3833; 3793, 3753, 3715, 3854.]

2-1-1603: DISCLOSURE CATEGORIES:

[Added by Ord. No. 3121, eff. 8/20/88; Deleted by Ord. No. 3715, eff. 3/27/07.]

2-1-1604: STATEMENTS OF ECONOMIC INTEREST:

One original copy of each statement of economic interests required to be filed by this article shall be filed with the City Clerk. [Added by Ord. No. 3121, eff. 8/20/88.]

DIVISION 2. RESTRICTIONS ON FORMER CITY OFFICIALS, APPOINTEES, AND CERTAIN EMPLOYEES

2-1-1620: DEFINITIONS:

For the purposes of this article, the following definitions shall apply:

APPOINTEE: Park, Recreation and Community Services Board members, Transportation Commission members, Board of Building and Fire Code Appeals members, and Airport Authority commissioners.

CITY OFFICIAL: City Council members, the City Clerk, the City Treasurer, and Planning Commission members.

HIGH LEVEL EMPLOYEE: Those employees holding the following City positions: City Manager, Assistant City Manager, Deputy City Manager, City Attorney, Chief Assistant City Attorney, Community Development Director, Chief Assistant Community Development Director, Police Chief, Fire Chief, Public Service Department General Manager, Public Service Department Assistant General Manager, Park, Recreation and Community Services Director, Deputy Director of the Park, Recreation and Community Services Department, Public Works Director, Assistant Public Works Director, Management Services Director, Financial Services Director, Library Services Director, and Information Systems General Manager. Any change in titles of the employee positions subject to this article shall automatically be incorporated herein.

PARTICIPATED: To have taken part personally and substantially, as an official, high level employee, or appointee, through decision, approval, disapproval, recommendation, the rendering of advice on a substantial basis, or investigation. A City official’s or appointee’s refusal from voting on a matter on the basis of a conflict of interest shall not constitute participation hereunder. [Added by Ord. No. 3516. Amended by Ord. No. 22-3,983, eff. 12/16/22.]

2-1-1621: ONE YEAR REPRESENTATION BAN FOR CITY OFFICIALS:

No former City official, for a period of one year after leaving City office, shall, for compensation, appear as a representative for any person (other than the City), before the City Council or any City board, commission, officer, or employee, in connection with any proceeding, application, request for ruling or other determination, claim, controversy, permit, license, grant, contract or the sale or purchase of goods or property. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1622: ONE YEAR REPRESENTATION BAN FOR HIGH LEVEL EMPLOYEES AND APPOINTEES IF THEY PARTICIPATED IN MATTER:

A. No former City high level employee or appointee, for a period of one year after leaving City service, shall, for compensation, appear as a representative for any person (other than the City), before the City Council or any City board, commission, officer, or employee, in connection with any proceeding, application, request for ruling or other determination, claim, controversy, permit, license, grant, contract or the sale or purchase of goods or property, if the former City high level employee or appointee participated in the matter. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1623: EXEMPTIONS:

The prohibitions contained in Sections 2-1-1621 and 2-1-1622 of this article shall not apply:

A. To prevent any former City official, high level employee, or appointee from representing themselves, or any member of their immediate family, in their individual capacities, in connection with any matter pending before the City Council or any City board, commission, officer, or employee;

B. To prevent any former City official, high level employee or appointee who is or becomes an officer or employee of another government agency from making an appearance or communication before the City Council or any City board, commission, officer, or employee for the purpose of influencing action on behalf of such government agency;

C. To prevent a former City official, high level employee or appointee who is an attorney from serving as a representative of a defendant in a criminal proceeding, where the offense(s) for which such representation is made occurred at least three (3) months following termination of the official, high level employee, or appointee’s service with the City;

D. To prevent a former City official, high level employee, or appointee from making or providing a statement based upon the former official, employee, or appointee’s own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses;

E. To prevent a former City official, high level employee or appointee from giving testimony under oath, or from making statements required to be made under penalty of perjury. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1624: APPLICATION:

This article shall apply to all City officials, high level employees, and appointees who leave City office or employment on or after the effective date of this article. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1625: DISAPPROVAL OF TRANSACTIONS:

If a former City official, high level employee or appointee violates any provisions of this article, such violation or violations shall be adequate grounds for the City to disapprove any contract, approval, permits, or other transaction that was related to any such violation. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1626: CRIMINAL AND CIVIL PENALTIES:

A. Each violation of the provisions of this article shall constitute a misdemeanor.

B. A civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a civil penalty of up to five hundred dollars ($500.00) for each violation of this article. [Added by Ord. No. 3516, eff. 6/5/99.]

DIVISION 3. ONE YEAR CITY EMPLOYMENT PROHIBITION FOR FORMER COUNCIL MEMBERS

2-1-1630: CITY EMPLOYMENT PROHIBITED FOR ONE YEAR AFTER LEAVING ELECTED OFFICE OF COUNCIL MEMBER:

No person elected to the position of Council member shall accept or hold any position as a City employee until one year has elapsed after such person has vacated the office to which they were elected. [Added by Ord. No. 3611, eff. 1/18/03.]

ARTICLE 17. DISABILITY RETIREMENT PROCEDURES FOR LOCAL SAFETY EMPLOYEES

2-1-1701: PURPOSE:

The purpose of this article is to provide a uniform procedure for the evaluation and consideration of applications for disability retirements from City service in a manner consistent with the provisions of Division 5, Part 3, Chapter 8, Article 3 of the California Government Code (commencing with Section 21020). For the purpose of this article, the term “employee” shall mean a local safety member as such term is used in said provisions of the Government Code. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1702: DELEGATION:

Except as otherwise provided in this article, the authority and responsibilities provided to, or required of, the Council pursuant to Division 5, Part 3, Chapter 8, Article 3 of the California Government Code are hereby delegated to the Employee Relations Administrator. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1703: APPLICATIONS:

Application for disability retirement may be made by: a) the department head of the department or office in which the employee is or was last employed; b) the Employee Relations Administrator; or c) the employee or a person on their behalf. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1704: FILING OF APPLICATION:

The application shall be made only: a) while the employee is in City service; or b) while the employee is absent on military service; or c) within four (4) months after the discontinuance of the City service of the employee, or while on an approved leave of absence; or d) while the employee is physically or mentally incapacitated to perform duties from the date of discontinuance of City service to the time of application. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1705: INVESTIGATION OF APPLICATION:

The Employee Relations Administrator, or their designee, shall have the authority and duty to investigate the facts and circumstances pertaining to an application for disability retirement. Such investigative authority shall include ordering the employee to submit to necessary or desirable medical examinations, securing by subpoena duces tecum or otherwise, medical and other reports, records, and documentation for review, and taking statements by deposition or otherwise of the employee and/or other persons. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1706: PROPOSED DISPOSITION:

A. Notice of Proposed Disability Retirement: If the medical examination and other available information show to the satisfaction of the Employee Relations Administrator that the employee is incapacitated physically or mentally from the performance of their duties in the City service and is eligible to retire for disability, the Employee Relations Administrator shall send a notice of proposed retirement to the employee with copies to the designated representative of the employee, if any, and the department head. The Employee Relations Administrator shall certify the disability retirement to the Public Employees’ Retirement System unless an objection is filed with the Employee Relations Administrator within fifteen (15) calendar days from the date of the notice.

B. Informal Conference: If a timely objection is received, the Employee Relations Administrator shall schedule a conference within twenty (20) calendar days of the receipt of an objection, with written notice to the employee and their designated representative, if any, and such City personnel or agents as the Employee Relations Administrator deems appropriate. The purpose of the conference shall be to afford the employee, the department, and the Personnel Division of the Management Services Department an opportunity to reach agreement as to a final disposition of the matter and if an agreement is not reached, to frame issues, enter into stipulations, and schedule a formal hearing on the application. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1707: FORMAL HEARING:

A. Hearing: The formal hearing on an application for disability retirement shall commence on a date no later than ninety (90) calendar days from the last date of the informal conference. The matter shall be heard by the City Manager, or their designee. The hearing shall be conducted according to procedures established by the City Manager.

B. Fees and Costs: The City and the employee will each be responsible for its own costs and attorney fees, except that the City shall pay for an interpreter, if needed. The City will not be responsible for the preparation of a reporter’s transcript if the employee seeks judicial review of the decision pursuant to Section 2-811.

C. Burden of Proof: The burden of proof in any formal hearing shall be on the applicant for disability retirement. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1708: REQUIRED FINDINGS:

A. No employee shall be retired for disability unless:

1. The employee is incapacitated from the performance of a reasonable range of duties of a position in their last job classification; and

2. The incapacity is permanent or of an uncertain and extended duration. Such findings shall be based on competent medical evidence or testimony. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1709: SUBPOENAS:

The City Manager or their designee shall have authority to issue subpoenas at the request of any party. A subpoena for records or documents may issue if the party requesting the subpoena submits a statement showing good cause for the production of the things described in the subpoena, specifying the exact matters or things desired to be produced, setting forth in full detail the reasons why the material or things desired to be produced are important to the issues involved in the hearing, and stating that the witness has the desired matters or things in their possession or under their control. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1710: FINALITY OF DECISION:

The decision of the City Manager or their designee shall be final and conclusive. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1711: JUDICIAL REVIEW:

Judicial review of any decision made pursuant to this article shall be made by petition to a court of competent jurisdiction not later than the thirtieth day following the date that the decision hereunder becomes final. In such a case, the provisions of Section 11523 of the Government Code shall apply. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1712: APPLICATION OF ORDINANCE:

The provisions of this article apply to every disability retirement application pending on the effective date of this ordinance. This ordinance supersedes Resolutions 18,427, 19,644, 21,750, and 22,034. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

ARTICLE 18. NAMING OF PUBLIC FACILITIES

2-1-1801: PURPOSE:

It is the purpose of this ordinance to establish policies and procedures for identifying those public facilities within the City of Burbank which would be appropriate for dedication, naming or renaming in honor of individuals who have made significant contributions to society. [Added by Ord. No. 3306, eff. 9/25/92.]

2-1-1802: FACILITY NAME REQUESTS:

A. A request or proposal for the dedication, naming or renaming of a City facility may be made initiated by the City Council or any City board or commission by notifying the City Clerk of such proposal.

B. Any resident of the City may initiate requests or proposals for the dedication, naming or renaming of a City facility by completing an application/nominating form, filing such form in the City Clerk’s office, and paying a fee as established in the Burbank Fee Resolution. The application/nominating forms shall be available in the City Clerk’s office.

C. Nominations will only be accepted between the period of January 1 and March 31 of any year. A date stamped form must be secured from the City Clerk during the nomination period and returned no later than five o’clock (5:00) P.M. on March 31 of that year.

D. The time frame stated in subsection C of this section is not applicable to the naming of new facilities completed and/or dedicated during the second, third and fourth quarter of each calendar year or to requests or proposals initiated by the City Council or any City board or commission.

E. Those facilities which may be considered as a subject for dedication, naming or renaming under this ordinance are any public structure, building, park, park feature, reservoir, overpass, street, wall, mural, plant, lawn, garden, plaque, statue or historical document (such as a collection of biographies). Facilities ineligible for consideration under this ordinance include City Hall, veterans’ memorials, facilities under the jurisdiction of another governing body and streets¹⁹. [Added by Ord. No. 3306, eff. 9/25/92.]

2-1-1803: BOARD AND COUNCIL PROCEDURES:

A. The City Clerk shall submit all nominations concerning facilities under the administration of the Park, Recreation and Community Services Department to the Park, Recreation and Community Services Director who shall set the application for consideration by the Park, Recreation and Community Services Board. The City Clerk shall submit all other nominations to the City Planner who shall set the application for consideration by the Planning Commission, unless the City Planner determines that the nomination should be considered by another board, in which case the City Planner shall submit the nomination to the Secretary of that board.

B. Upon receipt of the report and recommendation of the appropriate board or commission, the City Clerk shall set the matter for City Council consideration. [Added by Ord. No. 3306. Amended by Ord. No. 22-3,983, eff. 12/16/22.]

2-1-1804: CRITERIA:

A. The reviewing body may recommend or approve the dedication, naming or renaming of a public facility for an individual where the reviewing body finds: 1) the individual has made a significant contribution to Burbank, the State of California, the United States or the world, in any area including, but not limited to health, education, civic involvement, housing, public service, employment, or the arts; and 2) such contribution has contributed to the general well being of society. The individual, whether living or dead, need not be or have been a resident of Burbank, the State of California or the United States.

B. The decision is purely within the reviewing body’s discretion. Even if the board and/or Council makes the findings detailed in subsection A of this section, the board and/or Council may choose not to recommend or approve the proposed dedication, naming or renaming of a public facility. The Council’s decision is final and not subject to review. [Added by Ord. No. 3306, eff. 9/25/92.]

2-1-1805: ADDITIONAL COUNCIL PROCEDURE:

In lieu of the procedures contained in Section 2-1-1802 through Section 2-1-1804 of this article, the Council may elect to dedicate, name or rename any public facility pursuant to the provisions of this section. When the Council finds that the circumstances so warrant, the Council may, upon making a motion suspending the naming procedures contained in Section 2-1-1802 through Section 2-1-1804 of this article, dedicate, name or rename any public facility or may establish any alternate procedure deemed appropriate by the Council for the dedication, naming or renaming of a public facility. The Council’s decision regarding the dedication, naming or renaming of a public facility is final and not subject to review. [Added by Ord. No. 3509, eff. 2/20/99.]

State law reference: As to boundaries, see Gov.C. §§ 50190-50200.

See Charter Section 105.

State law reference: As to delegation of powers to City with regard to state highways, see Str. & H.C. § 676. As to delegation of powers by municipal corporation, see Gov.C. § 34004.

State law reference: As to City classifications, see Gov.C. § 34100. See also Stats. 1955, Ch. 624, 53.

CHAPTER 1ADMINISTRATION

2-1-101: NAME:

2-1-102: BOUNDARIES:

2-1-103: CITY SEAL2: