Burbank Municipal Code Art. 2 Legislative

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

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, which allows the City Council to increase City Council Member salaries by up to 5% each calendar year from the operative date of the last salary adjustment, the salary for each Council Member shall be increased to $1,995 per month, beginning on August 17, 2025. Thereafter, the salary for each Council Member shall be increased to $2,094.75 per month, beginning the pay period following August 17, 2026.

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. 25-4,030, eff. 8/15/25; 24-4,004; 23-4,000; 19-3,919; 15-3,866; 3732, 3691, 3634, 3494, 3456, 3392, 3355, 3227, 3178, 3058.]

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.]

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.]

[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.]

[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.]

[Repealed by Ord.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

[Repealed by Ord.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

[Repealed by Ord.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

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.]

[Repealed by Ord.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

[Repealed by Ord.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

[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.]

[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.]

[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.]

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.]

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.]

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.]

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.]

[Repealed by Ord.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

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.]

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.]

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.]