6:30 P.M.

 

 

INVOCATION:                       Chaplain Jon Arnold, Providence St. Joseph Medical Center.

                                                The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted

                                                under the Constitution.

 

FLAG SALUTE:

 

ROLL CALL:

 

ANNOUNCEMENT:             WEDNESDAY NIGHT PRIME TIME PROGRAMS.

 

ANNOUNCEMENT:             BOARDS AND COMMISSIONS VACANCIES.

 

PRESENTATION:                PACK FOR SUCCESS PROGRAM.

 

PROCLAMATION:               ARMENIAN GENOCIDE MEMORIAL.

 

 

COUNCIL COMMENTS: (Including reporting on Council Committee Assignments)

 

INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

At this time additional items to be considered at this meeting may be introduced.  As a general rule, the Council may not take action on any item which does not appear on this agenda.  However, the Council may act if an emergency situation exists or if the Council finds that a need to take action arose subsequent to the posting of the agenda.  Govt. Code �54954.2(b).

 

 

6:30 P.M. CONTINUED PUBLIC HEARING:

 

1. PLANNED DEVELOPMENT NO. 2000-5, PLATT Project� Proposed Resolution(s) to Certify the Environmental Impact Report and Denying the Project:

 

On April 15, 2003, the Council held a noticed public hearing on Planned Development No. 2000-5, with Development Review No. 2000-19, a Development Agreement, (together, the Project) and an Environmental Impact Report (EIR).  The Project is a mixed-use proposal consisting of five buildings with approximately 411,000 square feet (sf) of media office space, 181 apartment units, a 32,000 sf health club, 21,800 sf of retail and restaurant space, a church with a child care facility for 144 children and over 2,000 parking spaces located in a subterranean garage up to seven levels below ground.  The Applicant is PW, LLC (aka Platt).

 

The site of the proposed Project is approximately 3.8 acres located in the Media District bounded on the north by Alameda Avenue, the east by Lima Street, the south by Olive Avenue and the west by the proposed 134 freeway off-ramp.

At the public hearing on April 15, the Council opened the hearing, took testimony and evidence from staff and consultants, the Applicant�s representatives, members of the public, and conducted deliberations on the proposed Project.  The Council continued the hearing to its regular meeting of April 22, 2003 and directed the City Attorney�s Office to prepare resolutions for Council consideration to certify the EIR and deny the Project.  The Council raised questions about certifying the EIR and the effect of the Project�s denial on future applications by the applicant with respect to the Site, including the process of a new application and payment of application fees.

 

Staff and the City Attorney�s Office recommend certification of the EIR and agree with the conclusion that it complies with the requirements of the California Environmental Quality Act (CEQA).  If the EIR is certified, any future revised project submitted by the applicant would be reviewed in light of the EIR.  This would give the City the ability to prepare a supplement, an addendum, or subsequent EIR depending on the impacts any future changes to the Project would cause.

 

Denial of Project

 

The Council also directed the City Attorney�s Office to bring back options for denying the Project.  Because the proposed Project is a Planned Development and a Development Agreement, the Project can be denied by resolution or by a motion of the Council. 

 

Options

 

Presented for consideration are three separate draft resolutions. 

 

         1.      The first resolution is a resolution certifying the EIR.

         2.      The second resolution is a resolution denying the Project. 

         3.      The third resolution is a reiteration of the second resolution (Project Denial) with relief from planned development

                   application fees for the Applicant for one (1) year after Project Denial. 

         4.      The Council could also deny the Project by motion, but the City Attorney�s Office recommends approval of a resolution

                   to provide formality and a written record of the denial.

 

Recommendation:

 

Adoption of proposed resolutions entitled:

1.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2000121051) FOR THE BURBANK MEDIA CENTER PROJECT.

 

2.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DENYING PLANNED DEVELOPMENT NO. 2000-5, WITH DEVELOPMENT REVIEW NO. 2000-19, AND THE DEVELOPMENT AGREEMENT RELATED THERETO.

 

 

PUBLIC HEARING:

 

2.      ZONE TEXT AMENDMENT NO. 2002-1 (SHOPPING CENTER/RETAIL USES IN THE AIRPORT ZONE):

 

This report requests that the Council approve a zone text amendment (ZTA) that would create new shopping center and power center (big box shopping center) definitions and zoning use categories that would be conditionally permitted and prohibited, respectively, in the Airport zone, and permitted in various commercial zones throughout the City.  This ZTA was applied for in conjunction with an application to redevelop the former Costco site at 10950 Sherman Way with a multiple tenant commercial shopping center.  Because retail stores are currently prohibited in the Airport zone, the applicant applied for a ZTA to change retail uses from prohibited to conditionally permitted in the Airport zone to allow the project to go forward.

 

The Planning Board held a public hearing to consider the redevelopment of the former Costco site and the associated ZTA in November 2002.  The Board approved all aspects of the conditional use permit (CUP) and ZTA, pending approval of the ZTA by the Council.  The CUP does not become effective until the Council approves the subject ZTA.  If the Council denies the subject application, retail and other commercial uses would continue to be prohibited in the Airport zone and the proposed project could not go forward.  In March 2003, the Los Angeles County Airport Land Use Commission held a public hearing and voted unanimously that the proposed ZTA is consistent with the Los Angeles County Airport Land Use Plan.

 

Staff recommends that a new use category of shopping center be defined and added to the zoning use list.  Shopping centers would be permitted in most commercial zones in the City, consistent with the zones in which retail store/sales are permitted. The permitted and conditionally permitted uses within a shopping center would be similar to the uses in the zone in which the shopping center is located with the exception of the Airport zone, where the permitted and conditionally permitted uses would be similar to the C-3 commercial zone.

 

Staff recognizes the potential impact of the proposed amendment on undeveloped portions of the Airport zone along Hollywood Way and the concerns over the potential for a power center of big box retail development on the Trust Property in the event that the property is sold for non-airport use.  Due to the proximity to the Airport, and existing and future Airport-generated traffic in the area, staff believes that a regional commercial power center may not be an appropriate use for the Trust Property.  As such, staff recommends the creation of a power center use category and definition.  Power centers would be permitted in all commercial zones where shopping centers would be permitted but prohibited in the Airport zone.

 

It is staff�s conclusion that the proposed ZTA is consistent with the purpose and intent of the Airport zone, and that the nine findings required to add a use to a list of permitted uses can be made for the proposed ZTA.

 

Recommendation:

 

1.      Introduction of proposed ordinance entitled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO SHOPPING CENTERS AND POWER CENTERS (Zone Text Amendment No. 2002-1).

 

2.      Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A NEGATIVE DECLARATION (ZTA NO. 2002-1).

 

 

REPORTING ON CLOSED SESSION:

 

 

AIRPORT AUTHORITY MEETING REPORT:

 

3.      AIRPORT AUTHORITY COMMISSIONER REPORT:

 

At the request of the Burbank representatives to the Airport Authority, an oral report will be made to the City Council following each meeting of the Authority.

 

The main focus of this report will be issues which were on the Airport Authority meeting agenda of April 21, 2003.  Other Airport related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

FIRST PERIOD OF ORAL COMMUNICATIONS:  (One minute on any matter concerning City Business.)

 

There are four segments of Oral Communications during the Council Meeting.  The first precedes the Closed Session items, the second and third segments precede the main part of the City Council�s business (but follow announcements and public hearings), and the fourth is at the end of the meeting following all other City business.

 

Closed Session.  During this period of oral communications, the public may comment only on items listed on the Closed Session Agenda(s).  A PINK card must be completed and presented to the City Clerk.  Comments will be limited to three minutes.

 

First Period of Oral Communications.  During this period of Oral Communications, the public may comment on any matter concerning City Business.  A BLUE card must be completed and presented to the City Clerk.  NOTE:  Any person speaking during this segment may not speak during the third period of Oral Communications. Comments will be limited to one minute.

 

Second Period of Oral Communications.  This segment of Oral Communications immediately follows the first period, but is limited to comments on agenda items for this meeting. For this segment, a YELLOW card must be completed and presented to the City Clerk. Comments will be limited to four minutes.

 

Third Period of Oral Communications.  This segment of oral communications follows the conclusion of agenda items at the end of the meeting.  The public may comment at this time on any matter concerning City Business.  NOTE:  Any member of the public speaking at the First Period of Oral Communications may not speak during this segment.  For this segment, a GREEN card must be completed and presented to the City Clerk.  Comments will be limited to three minutes.

 

City Business.  City business is defined as any matter that is under the jurisdiction of the City Council.  Although other topics may be of interest to some people, if those topics are not under City Council jurisdiction, they are not City business and may not be discussed during Oral Communications.

 

Videotapes/Audiotapes.  Videotapes or audiotapes may be presented by any member of the public at any period of Oral Communications or at any public hearing.  Such tapes may not exceed the time limit of the applicable Oral Communications period or any public comment period during a public hearing.  The playing time for the tape shall be counted as part of the allowed speaking time of that member of the public during that period.

 

Videotapes must be delivered to the Public Information Office by no later than 10:00 a.m. on the morning of the Council meeting in a format compatible with the City�s video equipment.  Neither videotapes nor audiotapes will be reviewed for content or edited by the City prior to the meeting, but it is suggested that the tapes not include material that is slanderous, pornographic, demeaning to any person or group of people, an invasion of privacy of any person, or inclusive of material covered by copyright.

 

Printed on the videocassette cover should be the name of the speaker, the period of oral communication the tape is to be played, and the total running time of the segment.  The Public Information Office is not responsible for �cueing up� tapes, rewinding tapes, or fast forwarding tapes.  To prevent errors, there should be ten seconds of blank tape at the beginning and end of the segment to be played.  Additionally, the speaker should provide the first sentence on the tape as the �in cue� and the last sentence as the �out cue�.

 

As with all Oral Communications, videotapes and audiotapes are limited to the subject matter jurisdiction of the City and may be declared out of order by the Mayor.

 

Disruptive Conduct.  The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and pagers, and that you refrain from making personal, impertinent, or slanderous remarks.  Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

 

Once an individual is requested to leave the Council Chamber by the Mayor, that individual may not return to the Council Chamber for the remainder of the meeting.  BMC �2-216(b).

 

Individuals standing in the Council Chamber will be required to take a seat.  Also, no materials shall be placed in the aisles in order to keep the aisles open and passable.  BMC �2-217(b).

 

Your participation in City Council meetings is welcome and your courtesy will be appreciated.

 

COUNCIL AND STAFF RESPONSE TO FIRST PERIOD OF ORAL COMMUNICATIONS:

 

 

SECOND PERIOD OF ORAL COMMUNICATIONS:  (Four minutes on Agenda items only.)

 

 

COUNCIL AND STAFF RESPONSE TO SECOND PERIOD OF ORAL COMMUNICATIONS:

 

 

JOINT MEETING WITH THE REDEVELOPMENT AGENCY:

 

4. REQUESTING ACCEPTANCE OF THE ARCHITECTURAL PROGRAM FOR THE SOUTH SAN FERNANDO PARK/SCHOOL/COMMUNITY CENTER PROJECT, PHASE 1 AND REQUESTING APPROVAL TO MOVE FORWARD WITH THE SCHEMATIC DESIGN PHASE AND SOUTH SAN FERNANDO BOULEVARD STREETSCAPE PROJECT DESIGN DEVELOPMENT PHASE UPDATE:

 

The purpose of this staff report is twofold:

 

1.         To request City Council acceptance of the Architectural Program for the South      San Fernando Project, Phase I and to request approval to move forward with the Schematic Design Phase subject to any recommendations by the Park,          Recreation and Community Services Board, City Council, and the City of Burbank, Board of Education; and

 

2.         To provide an update to the Redevelopment Agency Board on the Design Development Phase of the South San Fernando Boulevard Streetscape Project.

 

South San Fernando Community Park/School Project - For nearly ten years Burbank has made the development of a neighborhood park in the southeast area of the City a top priority.  In 1997, the area surrounding the proposed park site was designated by the City Council as the South San Fernando Redevelopment Project Area.  Because the multi-family residential areas adjacent to the Project do not have immediate access to adequate open space and recreational facilities, the Project Area�s Plan specifically included the development of a ten-acre park as a recommended new facility. 

 

The Burbank Unified School District (BUSD) has been seeking a permanent home and location for its community school.  The opportunity to combine much-needed recreational amenities with the community school at a single location became apparent when the City started to assemble land parcels as part of developing its community park for residents of the southeast area.

 

On April 30, 2002, the Park, Recreation and Community Services Department received City Council approval to proceed with site demolition, design, and pre-construction services for the first phase of the South San Fernando Project.  The proposed conceptual plan presented at that time included an approximately 16,000 square foot (sf) joint-use facility.  The conceptual plan was developed to address the needs of the City of Burbank Youth Recreation Program and a BUSD community school, a tot lot, basketball court, park open space, and on-site surface parking. 

 

A community stakeholder design workshop and three neighborhood programming workshops were held to obtain guidance and specific requests for desired recreational amenities to best serve the neighborhood.   This documented public input represented the driving influence in developing the public open space program to be presented herein.

 

The City of Burbank also made a commitment early on in the Phase I programming process to obtain a Leadership in Energy and Environmental Design (LEED) Silver Rated Green Building. 

 

Key milestones completed since the City Council�s April 30, 2002 authorization to proceed with site demolition, design, and pre-construction services for the first phase of the South San Fernando Project include the following:

 

1.         Abatement and Demolition of Remaining Site Improvements  -  June 18, 2002

2.         Community Stakeholder Design Workshop  -  July 20, 2002

3.         Neighborhood Programming Workshop #1  -  August 22, 2002

4.         Retain Project Architect  (WLC)  -  January 14, 2003

5.         Neighborhood Programming Workshop #2  -  March 20, 2003

6.         Neighborhood Programming Workshop #3  -  April 3, 2003

7.         Council Approval of Pre-Construction Service Provider  -  April 22, 2003

 

South San Fernando Boulevard Streetscape Project - The South San Fernando Boulevard Streetscape Project is located in the South San Fernando Redevelopment Project Area and includes a one-half mile portion of the South San Fernando Boulevard corridor between Verdugo and Alameda Avenues.  The streetscape project supports and helps implement the South San Fernando Redevelopment Plan and will not only enhance the area as it now exists, but will also serve as one more visible indication of the Redevelopment Agency�s (Agency) commitment to revitalizing the blighted area.     

 

In September 2001, the Redevelopment Agency Board approved a Professional Services Agreement (PSA) for David Evans & Associates (DEA) to provide design services for the schematic design phase of the project.  After gathering sufficient data, DEA presented several conceptual plans to the project team.  The design elements selected by the project team included enhanced treatments along the entire corridor with parkway and landscaped median improvements, roadway reconstruction, gateway elements and decorative crosswalks.  At that time, the cost of the proposed improvements was estimated to be approximately $3 million.

 

It is important to note that prior to completing the schematic design phase, the project team held a meeting focusing on the corridor stakeholders (property and business owners and adjacent residents neighboring South San Fernando Boulevard).  The overall reception was positive and those attending indicated they were pleased that the Agency was considering the proposed improvements.

 

On July 30, 2002, the proposed schematic streetscape design was presented to the City Council and Redevelopment Agency Board and staff was directed to proceed with the Design Development Phase.  At the same meeting, the Agency Board expressed specific interest in lighting design and some of the amenities proposed in the schematic design.  These issues will be incorporated into the proposed Design Development plan, however, the specifics of that plan have yet to be designed.

 

Completed Streetscape Project Milestones  -  Key milestones completed since the City Council/Agency Board update and approval of the Schematic Design Phase in July 2002 include the following:

 

1.         Began Design Development Phase �  August 2002

2.         Data Collection & Verification � August 2002 � January 2003

3.         Design Options & Preliminary Plant Consideration � January � March 2003

4.         Neighborhood Programming Workshop - March 20, 2003

5.         Neighborhood Programming Workshop - April 3, 2003

6.         Agency Board Assignment of Oversight Committee � April 22, 2003

 

Community Center, BUSD Community School, and Park (Public Open Space)

 

Joint-Use Building Options � On-site parking for approximately 41 spaces directly below the two story joint-use building is currently proposed half a level below existing grade.   This parking configuration maximizes site use for public open space recreational amenities by eliminating competing on-site surface parking but translates into increased project cost.

 

The primary elements that comprise the joint-use facility are separately represented below.

 

Community Center � Ground Floor (7,993 sf)

 

1.         Administration Facilities

2.         Recreational Facilities

3.         Multi-Purpose Areas

4.         Food Services Facilities

5.         Storage

6.         Support Areas

7.         Internal Circulation � Stairs and Corridors

 

BUSD Community School � 2^nd Floor (8,010 sf)

 

1.         Administrative Facilities

2.         Instructional Areas

3.         Support Areas

4.         Internal Circulation � Stairs and Corridors

 

Public Open Space, Recreational Amenity Program Options - Four recreational amenity program options were developed and previously presented to the last neighborhood workshop on April 3, 2003.  A Park Consolidation Plan was subsequently developed as a natural progression from the four program options. This plan was presented to the Park, Recreation and Community Services Board on April 10, 2003.   In brief, the major elements of each open space program option, including the Park Consolidation Plan, are listed below, in no order of priority or desirability. 

 

Conceptual Plan A � Designed to complement a contemporary building design, colorful paving, shade structures and architectural walls are used with strong geometric forms to create a bold presence.  This plan offers a small entry plaza at the corner of San Fernando Boulevard and Cedar Avenue with an entry wall representing a formal gateway into the park.  A picnic structure and passive garden area are situated just east of the building along San Fernando Blvd.  The plan provides an amphitheater with a colorful fabric shade structure over the stage and a large screening wall that provides an architectural backdrop for the stage. 

 

A large play area is provided with a seat wall and colorful fabric shade canopy to provide visual screening from the adjacent Cedar Avenue.  A basketball court is included near the play area with a picnic structure in between the two uses.  A restroom and storage building is suggested for the southern end of the site and a 7,500 s.f. multi-use open turf area is provided adjacent to Providencia Avenue.

 

Conceptual Plan B � More formal than Plan �A�, Plan B sites the basketball court at the corner of Cedar Avenue and San Fernando Boulevard.  Due to this location, a tubular steel fence is suggested to keep errant basketballs within the park.  Concrete bleacher seating descends from the raised courtyard area at the building which exists on all conceptual plans.  This plan suggests the use of the courtyard area as a presentation venue with the addition of a small stage and screening wall behind it. 

        

This is the only scheme that suggests the continuation of the alley through the park from Providencia Avenue to Cedar Avenue.   The alley beyond the parking garage entry would be concrete turf block allowing for turf to be used as the paving continuation.  This plan suggests the central placement of a shade structure to serve a play area, formal garden area, and a passive turf area.  This scheme offers a separate storage building at the south end of the park and a small restroom building adjacent to the play area.  There is also an 8,200 s.f. multi-use open turf area along Providencia Avenue.

 

Conceptual Plan C � Plan C is by far the most �organic� or curvilinear design suggested.  This design, unlike Plans A and B, is shown with fencing securing the entire park.  At the corner of San Fernando Boulevard and Cedar Avenue a passive garden area is provided that is open to the street.  The fencing here is pulled back in order to create an open inviting feeling for the park�s �formal� entry. 

 

Just inside this fencing on the east side of the building is a play area and picnic shelter. Just south of this is an informal 8,900 s.f. multi-use open turf area.  A small skate �node� is tucked into the southeastern corner of the park.  The restroom facility in this scheme is located just east of the existing building that exists near the center of the site.  The basketball court on this scheme is adjacent to Providencia Avenue and is covered with an open roof structure with adjacent concrete bleachers. 

 

Conceptual Plan D � This scheme was derived from Plan �B� with the intent to provide a larger open turf area.  The basketball court is still located on the corner of San Fernando Boulevard and Cedar Avenue but the play area has been moved north which puts it closer to the court and Cedar Avenue.  The park may be fully fenced for security and safety purposes with regard to the basketball court and play area.  There are two picnic structures; one at the play area and one at the adjacent passive garden area.  The restroom and storage facilities are still located in the southeastern corner of the park.  The multi-use, open turf area for this conceptual plan is approximately 14,400 s.f. 

 

Park Consolidation Plan � This plan considers input from the Stakeholder�s Design Workshop, the three Neighborhood Programming Workshops, and Conceptual Plans A through D and may best portray a viable park program that meets the greatest need of this neighborhood area.   Although not to be construed as the final park program plan since it will continue to be refined as more evaluation and details are added, it does convey the big picture based on public input the Project Team has received to date.

 

The Park Consolidation Plan was presented to the Park, Recreation and Community Services Board on April 10, 2003. The Board provided a general consensus and acceptance of this consolidated plan, including recommendations cited below for subsequent program implementation and consideration.  Staff desires to once again, specifically emphasize that this proposed Park Consolidation Plan will continue to be refined as more detail information is identified during completion of the subsequent design phases.

 

1.         Provide a ceremonial entry way to the park at San Fernando Boulevard and Cedar Avenue

2.         Safety and Security for Underground Parking � Police Department design review will be an integral step

3.         Lighting of basketball court and interior park lighting � be sensitive to the neighborhood

4.         Restrooms shall be accessible to playground areas and the basketball court

5.         Provide drinking fountains and public pay phones

6.         Ensure design continuity of park to accommodate potential future acquisition of private property use along Providencia

        Avenue

7.         Discourage skateboarding along walkways

8.         Provide plenty of colorful shade trees (fall colors) � no palm trees

9.         Maximize open public space � consider relocating the maintenance or storage facility within the parking garage and

       combining the restrooms as part of the main community center and community school

 

Streetscape Project

 

Now that the physical data has been gathered as part of the design development phase, the Project Team is ready to proceed with the specific design layout, selection of appurtenances and plant pallet.  DEA has developed three different schemes for the design elements (such as paving, lighting, plant material and street furnishings). Scheme 1 employs a very traditional design with a selection of common furnishings and �historically reminiscent� ornate light standards.  Scheme 2 calls for a more contemporary design while utilizing design elements that tend to be more basic and timeless.  Scheme 3 provides the most color and visual diversity.  However, Scheme 3 incorporates elements that may not stand the test of time and could look dated quickly.  Staff anticipates that the ultimate design scheme will incorporate the best design components of each of the three schemes, resulting in a plan that will not only be interesting and aesthetically pleasing but will be functional and timeless as well.  

 

Because the project is at a point in the design process that requires additional input, staff is requesting that an Oversight Committee be established to help guide the project.

 

COMMUNITY PARTICIPATION - During the Schematic Design and Design Development Phases, staff has participated in community outreach efforts to assist with the design process.  As previously mentioned, the project team hosted a community meeting in May 2002 to present the proposed project and receive input from residents, property and business owners in the area.  The meeting was well attended and the Project Team received input that was incorporated into the next-generation design. 

 

In addition to this community meeting, Agency staff participated in community meetings on the South San Fernando Community Park/School project in August 2002, March 2003 and April 2003, hosted by the Parks, Recreation and Community Services Department, by presenting the streetscape project again at each meeting for public input.  

 

Since the streetscape project and park/school/recreation center project have many overlapping elements and issues, City and Agency staffs intend to partner the two projects as much as possible.  As a matter of record, both projects have the same landscape architect to further ensure a cohesive design.  Issues that have been raised at the community meetings with regard to the park/school project, such as traffic, street crossings, and safe pedestrian access can be mitigated through the streetscape design. Additionally, partnering the two projects will provide even more opportunities for community involvement.  To date, both projects have been well received by the public. 

 

Due to the success of the joint community meetings as well as the overlapping nature of the two projects, staff believes it prudent to assign the same Oversight Committee for both projects. 

 

The Oversight Committee will guide the �working team� to develop an overall streetscape design that will enhance the character and appearance of the South San Fernando Boulevard corridor.  While the streetscape project meets and supports the goals and objectives of the South San Fernando Redevelopment Plan in terms of removing visual blight and creating an environment conducive for economic growth and development, it will also provide a level of infrastructure improvement that will benefit the adjacent residential neighborhood as well as the future residential population along San Fernando Boulevard.  These enhancements will not only improve the aesthetics of the area, the streetscape project will create a pedestrian friendly atmosphere, which is expected to encourage neighbors to walk to the park, community center and neighboring businesses. 

 

When the Committee has completed the Design Development Phase, the plan will be presented to the Redevelopment Agency Board for consideration.  Only after the design development plan has been approved by the Agency Board will staff request direction to continue with the Construction Documentation Phase.

 

SCHEDULE

 

Community Park/School Project - Based on City Council authorization for staff to proceed with the Schematic Design Phase, the following schedule milestones are anticipated.

 

1.         Complete Schematic Design Phase                             July 2003

2.         Complete Design Development Phase                         October 2003

3.         Complete Construction Document Phase                     July 2004

4.         Commence Construction                                                 September 2004

5.         Complete Construction                                                    July 2005

6.         Building Occupancy & Park Opening                             August 2005 

 

Streetscape Project - The project team estimates that it will take several weeks to complete the final design development layout once a final scheme has been selected. When the Design Development Phase is complete, staff will return to the Agency Board for consideration and direction.  Once the design development plans are approved, the project will quickly move into the construction documentation phase.  At the completion of construction drawings, staff will return with a request to go to bid for construction.  The following schedule milestones are anticipated.  There are no fiscal impacts to either of the staff recommendations.

 

1.         Complete Design Development (DD) Layout               June 2003

2.         Agency Board Review of DD Layout                             June 2003

3.         Complete Construction Document Phase                    April 2004

4.         Commence Construction                                                June 2004

5.         Complete Construction                                                   June 2005

 

Recommendation:

 

Staff recommends the following:

 

1.    Community Park/School Project - Staff recommends City Council acceptance of the Architectural Program for the South San Fernando Project, Phase 1 and approval to move forward with the Schematic Design Phase subject to any recommendations by the Park, Recreation and Community Services Board, City Council, and the Burbank Board of Education.

 

2.    Streetscape Project - Staff recommends that the Redevelopment Agency Board appoint the South San Fernando Community Park/School Oversight Committee to serve as the Oversight Committee for the South San Fernando Boulevard Streetscape Project.

 

 

CONSENT CALENDAR: (Items 5 through 12)

 

The following items may be enacted by one motion.  There will be no separate discussion on these items unless a Council Member so requests, in which event the item will be removed from the consent calendar and considered in its normal sequence on the agenda. A roll call vote is required for the consent calendar.

 

5.      MINUTES:

 

Approval of minutes for the regular meetings of January 28 and February 4, 2003.

 

Recommendation:

 

Approve as submitted.

 

 

6.      RENEWAL OF ROOFTOP COMMUNICATIONS LEASE:

 

In November 1991, the Council approved a Communications Lease (Lease) with Tochikogyo USA, Inc. for a radio repeater site on the roof of the Tower building at 3900 West Alameda Avenue.  The City constructed a radio room on the roof of the Tower and installed four antennas.  The Lease provided for a monthly rental of $400.  In combination with a second hillside repeater, the radio repeater site on the Tower has provided excellent radio coverage for safety and non-safety personnel throughout the City.

 

The initial term of the Lease was five years.  The first amendment to the Lease extended the term an additional five years with no increase in the monthly rent.

 

The Lease expired at the end of November 2001 and automatically became a month-to-month agreement by the terms of the Lease.

 

Negotiations have been concluded and following is a summary of the provisions of the proposed lease renewal: 

 

�              A term of ten years through 2013.  At anytime after June 30, 2008, the City may terminate the Lease upon 30 days notice and pay a termination payment equal to the next twelve months� rental payments.

 

�              The monthly rental payment is $2,500 commencing July 1, 2003 with an annual increase of four percent effective July 1, 2004.

 

�              The City has the right to terminate the Lease without penalty if it establishes that interference caused to the City�s communications equipment by the Lessor and/or its licensees, lessees, and or third parties to the City�s equipment or operations at the building cannot be corrected.

 

The renewal of the Lease is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the California Code of Regulations, Title 14, Chapter 3.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE RENEWAL OF THE ROOFTOP COMMUNICATIONS LEASE BETWEEN THE CITY OF BURBANK AND WEST ALAMEDA AVENUE PROPERTY LLC.

 

 

7.      AUTHORIZATION TO OPEN A TEMPORARY BANK ACCOUNT WITH THE BURBANK CITY EMPLOYEES� FEDERAL CREDIT UNION TO PROVIDE FOR EMPLOYEE DEPOSITS FOR THE BENEFIT OF THE BURBANK EMPLOYEES� RETIREE MEDICAL TRUST:

 

The City is in the process of implementing the Burbank Employees� Retiree Medical Trust (Trust) that will provide post-retirement medical reimbursements to eligible City employees. 

The Burbank Management Association (BMA), the International Brotherhood of Electrical Workers (IBEW), the Burbank City Employees� Association (BCEA), Executives, and unrepresented employees will be participating in this program.  Although the Trust has not yet been finalized, these groups have elected to have $20 per payroll period withheld to fund this program, beginning with the April 25, 2003 paycheck.

 

The Burbank City Employees� Federal Credit Union (BCEFCU) has agreed to establish a temporary bank account to hold these employee deposits until the permanent Trust is established. The name of the bank account will be:  City of Burbank Employees� Retiree Medical Trust Account.  The money deposited into this account each payroll period will be invested in the Tiered Advantage Share Savings account, earning a nominal amount of interest each month.  The City Treasurer and the Financial Services Director shall have the authority to direct the BCEFCU to honor all wires or checks for the payment or deposit of money from and into this account.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY TREASURER TO ESTABLISH AN ACCOUNT AT THE BURBANK CITY EMPLOYEES� FEDERAL CREDIT UNION FOR THE CITY OF BURBANK EMPLOYEES� RETIREE MEDICAL TRUST.

 

 

8.      DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTIONS HELD ON APRIL 8, 2003:

 

Pursuant to the provisions of Section 28 of the City Charter, the purpose of this report is to present the results of the General Municipal Election and special elections held on April 8, 2003 to the Council for approval.

 

A Primary Nominating Election was conducted in the City of Burbank on February 25, 2003 for the purpose of nominating or electing candidates for two members of the City Council and three members of the Board of Education. Resulting from that election, one candidate received the majority of the votes cast for Member of the Board of Education, thereby being duly elected to office, and no candidate received a majority of the votes cast for Member of the City Council. The remaining two seats on the City Council and School Board were to be filled in the General Municipal Election to be held on April 8, 2003.

 

On April 8, 2003, the City of Burbank conducted the General Municipal Election, for the purpose of filling the above seats. Consolidated with the General Election were special elections for voter consideration of Measure N, the Transient Parking Tax, and Measure O, the Charter Amendment for Filling Vacancies in City Elective Offices.

 

Following, in ballot order, is the list of candidates who qualified for the ballot:

 

       City Council Candidates:                             Board of Education Candidates:

         Todd Campbell                                                Ted Bunch

         Gary R. Bric                                                      Larry Applebaum

         Brian Malone                                                    Mike McDonald

         Jef Vander Borght                                            Paul Krekorian

 

Notice of the Election was given, voting precincts established, election officers appointed, and the supplies furnished.  The votes cast were received and canvassed as required by law.  The canvass of the Election was completed on Friday, April 11, 2003 with the official results posted the same day.  The five-day protest period expired on April 18, 2003 at 5:00 p.m.  As of the printing of the agenda no protests were filed.

 

A summary of the votes cast in each precinct as well as the absentee votes for each of the candidates is attached to the resolution.  The summary indicates the following results:

 

Jef Vander Borght  and Todd Campbell received the majority of the votes cast for Member of the City Council and as such are duly elected to office for a full term of four years. For Member of the Board of Education, Paul Krekorian and Ted Bunch received the majority of the votes cast and as such are duly elected to office for a full term of four years. 

 

Measure N, the Transient Parking Tax, prevailed having received 50.2 percent of the votes cast on the Measure, as did Measure O, the Charter Amendment pertaining to filling vacancies in City elective offices, having received 71.4 percent of the votes cast on the Measure.

 

It is recommended that the Council accept the returns as submitted by the City Clerk and officially declare the results of the General Municipal Election and special elections held on April 8, 2003.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING THE RESULTS OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTIONS HELD ON APRIL 8, 2003.

 

 

9.      AMENDING THE FISCAL YEAR 2002-03 BUDGET TO APPROPRIATE $3,186 AWARDED FROM THE PUBLIC LIBRARY STAFF EDUCATION PROGRAM THROUGH THE LIBRARY SERVICES AND TECHNOLOGY ACT FUNDS FROM THE CALIFORNIA STATE LIBRARY:

 

The Burbank Public Library has been awarded Public Library Staff Education Program funds through the federal Library Services and Technology Act (LSTA) administered by the California State Library, in the amount of $3,186.

 

This Program was created to encourage more people to become librarians.  Funds are available for reimbursement for paraprofessional staff who currently work in public libraries and who are planning or working on securing a Master's degree in Library and Information Science.  The library with an eligible applicant must apply for the grant funds.  The funds are awarded to the applicant library who in turn reimburses the student�s tuition costs.

 

The student must be employed full or part-time in a California public library or county law library, at least one calendar year prior to the date of the application.  The student must also be accepted to, and be able to show evidence of acceptance to, an American Library Association (ALA)-accredited library school.

 

The Burbank Public Library has identified one employee who met the eligibility criteria, and the library applied for the grant funds on her behalf.  The employee began her employment with the Library in May 2001, and enrolled in the UCLA School of Information Studies in August 2002.   Grant funding will provide reimbursement of her tuition costs for the 2002-03 academic year.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR 2002-2003 BUDGET FOR THE PURPOSE OF RECEIVING AND APPROPRIATING FUNDS AWARDED FOR THE PUBLIC LIBRARY STAFF EDUCATION PROGRAM IN THE AMOUNT OF $3,186.

 

 

10.    ACCEPTING AMERICAN MULTI-CINEMA, INC. PLEDGE TO EXTEND $150,000 ANNUAL DONATION TWO MORE YEARS AND APPROVING THE AGREEMENT RELATED THERETO:

 

Staff is requesting Council approval to enter into an agreement with American Multi-Cinema, Inc. (AMC) extending their pledge of $150,000 annually toward the maintenance and operation of City-owned or controlled public parking facilities in the downtown Burbank Village for another two years.

 

On April 14, 1998, the City and AMC entered into the original three-year agreement accepting a pledge by AMC to donate a total of $150,000 annually (less the AMC�s portion of the annual Downtown Public Facility Maintenance Assessment District No. 1 levy) toward the maintenance and operation of City-owned public parking facilities in the Central Business District Downtown Parking Area (commonly known as the Burbank Village and bounded by Magnolia Boulevard/north, Angeleno Avenue/south, Third Street/east and First Street/west), on the condition that the City not establish hourly parking fees in City-owned parking lots or structures (e.g., AMC, Municipal Services Building, Courthouse, etc.) therein.

 

In May 2001, the original three-year pledge agreement was extended two more years, retro-effective to March 1, 2001 and expiring February 28, 2003.  The City and AMC now wish to again extend the original pledge agreement two more years, retro-effective to March 1, 2003 and expiring February 28, 2005.

 

Although the donation is conditioned on the City not establishing hourly parking fees in any City-owned or controlled parking lot or structure in the Burbank Village, including the City-owned �AMC� parking structure at 133 East Orange Grove Avenue, the City does not forfeit its authority to do so; but instead agrees to provide AMC with at least two weeks notice of any formal meeting related thereto, along with notice of any formal action(s) taken 24 hours thereafter.  Upon notification that the City will cease to meet the terms of the conditional donation, AMC may likewise determine to cease payment of any additional monthly donations; however, donations already made shall not be refunded in any event.

 

In return, AMC will continue to pay the City�s Parking Authority equal monthly installments ($12,500) in excess of the existing monthly flat rate ($6,490.95) for its pro rata share of the annual assessment which funds the maintenance and operation of the City-owned �AMC� parking structure at 133 East Orange Grove Avenue, for two more years, not to exceed $150,000 annually.  Pursuant to the pledge agreement, additional funds donated by AMC will go toward funding the maintenance and operation of other City-owned or controlled public parking lots or structures (excluding the AMC structure) in the Burbank Village.

 

Based on the existing flat rate assessment in effect since Fiscal Year (FY) 1999-00, of the $150,000 received annually from AMC, $77,891.40 is assessed, and $72,108.60 (the remainder) is donated.

 

Predicated on the assumption that the existing flat rate assessment for the maintenance and operation of the City-owned �AMC� parking structure will remain unchanged as it has since FY 1999-00, extending the AMC pledge to donate $150,000 annually for two more years will continue to provide the City�s Parking Authority with $72,108.60 annually ($144,217 total) toward funding the maintenance and operation of other City-owned or controlled public parking lots and structures in the downtown Burbank Village. 

 

Although any increase in the existing assessment will result in a corresponding decrease in the current donation, the annual total ($150,000) would remain unchanged.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACCEPTING A PLEDGE TO DONATE MONEY BY AMERICAN MULTI-CINEMA, INC. AND APPROVING AN AGREEMENT RELATED THERETO.

 

 

11.    AMENDING THE FISCAL YEAR 2002-03 ANNUAL POLICE DEPARTMENT BUDGET TO INCLUDE REVENUES RECEIVED FROM THE USE OF INMATE TELEPHONES:

 

Staff requests Council approval to appropriate funds already received from the City�s inmate pay telephone provider in the amount of $5,000.

 

The California Penal Code, Section 4025, allows the City to deposit any money received from a telephone company or pay telephone provider that supplies phones to inmates, into an inmate welfare fund.  The Penal Code states that the use of these funds can only be for the benefit, education, and welfare of the inmates confined in the jail.

 

The Burbank jail currently has 16 phones for which it receives revenues.  Inmate calls are made collect, and the City receives a percentage of the revenues.  As of January 2003, the City received a total of $59,218 in inmate pay telephone revenues.  At this time, Staff recommends using $5,000 of this money to provide newspapers, toothbrushes, and other items that will benefit the inmates.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING FISCAL YEAR 2002-2003 BUDGET FOR THE PURPOSE OF APPROPRIATING REVENUE FUNDS RECEIVED FROM THE CITY�S INMATE PAY TELEPHONE PROVIDER FOR ITEMS THAT WILL BENEFIT THE INMATES IN THE AMOUNT OF $5,000.

 

 

12.    AMENDMENT TO THE CONTRACT FOR THE INTERNAL REHABILITATION OF BURBANK WATER AND POWER RESERVOIR NO. 2:

 

Staff requests Council authorization to amend the contract for the Internal Rehabilitation of Burbank Water and Power (BWP) Reservoir No. 2 with the Howard Ridley Company.  Once the contractor began work and removed a coating from the concrete lining of the reservoir,  conditions were discovered that require additional repairs as part of the ongoing work.  The extent of these conditions could not have been known until the contractor had removed the coating, the process of which is a substantial portion of the existing contract.  The original contract was for $104,453.50. The contract amendment is for an additional $90,000 for a new total of $194,453.50.

 

The funding for the amendment will come from within the existing BWP Water Division Capital Improvement Program (CIP) budget and does not require a budget amendment.

 

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AN AMENDMENT TO THE CONTRACT FOR THE INTERNAL REHABILITATION OF RESERVOIR NO. 2 BETWEEN THE CITY OF BURBANK AND THE HOWARD RIDLEY COMPANY (QUOTATION NO. 2002-062).

 

END OF CONSENT CALENDAR           ***            ***            ***

 

 

REPORTS TO COUNCIL:

 

13.    APPROVING CONTRACT DOCUMENTS AND AWARDING A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1136, MAGNOLIA PARK STREET IMPROVEMENTS � PHASE 4 PROJECT:

 

Staff is requesting Council approval of contract documents and award of a construction contract for Bid Schedule No. 1136, Magnolia Park Street Improvements - Phase 4 Project.  In November 2001, the Magnolia Park Community Advisory Committee (CAC), which was established in 1992 to develop a strategy to revitalize the Magnolia Park business area, requested funding from the Council for improvements in the Magnolia Park area.  The CAC requested the Council appropriate $125,000 each year for the next five years beginning in Fiscal Year (FY) 2002-03.  The funds from the first three years would pay for the construction of angled parking on the following six blocks (two blocks per year):

 

1.            Avon Street, north of Magnolia Boulevard (FY 2002-03)

2.            Lima Street, north of Magnolia Boulevard (FY 2002-03)

3.            Fairview Street, north of Magnolia Boulevard (FY 2003-04)

4.            Catalina Street, south of Magnolia Boulevard (FY 2003-04)

5.            Frederic Street, north of Magnolia Boulevard (FY 2004-05)

6.            Screenland Drive, south of Magnolia Boulevard (FY 2004-05)

 

The work on Avon Street and Lima Street will result in an additional six parking spaces on these two blocks.  The number of parking spaces resulting from the work on the subsequent four blocks in FYs 2003-04 and 2004-05 will not be finally determined until staff completes design for these projects.  However, staff estimates that work on all six blocks will result in a net increase of 18 spaces, for a cumulative increase of 27 parking spaces on nine separate blocks.  The funds provided in years four and five (FYs 2005-06 and 2006-07) would be applied toward additional streetscape improvements.

 

During the FY 2002-03 budget sessions, the Council decided to fund the first year of the five year program, and to consider funding for years two through five separately during subsequent budget cycles.  Bid Schedule No. 1136, Magnolia Park Street

Improvements - Phase 4 Project utilizes the $125,000 approved by the Council in FY 2002-03 for Avon Street and Lima Street.  The scope of work includes the widening of Avon Street and Lima Street from Magnolia Boulevard to the northerly alley to provide angle parking on one side of the street and parallel parking on the opposite side of the street.  The improvements will also include new sidewalk, curb and gutter, and asphalt concrete overlay pavement.

 

A bid opening was held on March 4, 2003, and six contractors submitted bids ranging from $68,062.61 to $121,093.  Tyner Paving Co. submitted the lowest bid, which is below the Engineer�s estimate of $105,000.  Staff contacted the State of California Contractor�s State License Board and has found Tyner Paving Co.�s license to be current, active and in good standing.  Staff also contacted several references, which provided confirmation that Tyner Paving Co. had satisfactorily completed their projects.  Construction of this project is planned to start in May 2003, and be completed within 42 calendar days.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR MAGNOLIA PARK STREET IMPROVEMENTS � PHASE 4, BID SCHEDULE NO. 1136.

 

 

14.    COUNCIL MEMBER RAMOS� REQUEST TO DISCUSS FUNDING FOR SUMMER 2003 SISTER CITY PROGRAM:

 

The purpose of this report is to present for Council consideration Council Member Ramos� proposal to use the unappropriated Close-Up Program funds  of $10,000 to send Burbank students on the summer 2003 Burbank Sister City Student Exchange with Ota City, Japan. 

 

The first student exchange between Burbank and Ota City occurred in 1984, when Burbank entertained a group of in-bound Japanese students.  Since that time, students from each city have exchanged visits on alternate years.  Summer 2003 is the tenth out-bound group of Burbank students to travel to Ota City and the twentieth year of the exchange program.

 

The exchange student selection process is open to all high-school-age Burbank residents and consists of a written application, signed by the student and parents, copies of grade reports, letters of recommendation, and an oral interview of the student.  Separately, the parents are interviewed to verify unconditional willingness to continue in the program and participate as a host family the following year.  Two chaperones accompany selected out-bound students on each visit and chaperones have historically been teachers, school administrators, and well-known community members.

 

While Japanese government officials coordinate the Sister City Program in Ota City, Burbank�s Sister City Committee is comprised of parent volunteers and interested community members.  The Committee falls under the guidance and control of the Library Services Department.  Each year the Council allocates a modest budget of $4,950, located as a line item in the annual Library budget.  This money is used to host and help defray in-bound student expenses and allows for entertainment of visiting dignitaries from all of our Sister Cities. 

 

Traditionally, once an exchange student arrives in Ota City for their visit, the day-to-day expenses of the student are covered by the hosting government and families.  The student is only financially responsible for their souvenirs and mementos of the trip.  However, the Burbank program does not cover the expense of the airfare to Japan and this must be paid by the exchange student.  Any fundraising activities by the students prior to the trip are credited toward the airfare.

 

Each year the Council allocates $20,000 in the budget to send Burbank students to Washington, D.C. as part of the Close-Up Program.  In 2001-02 no students were sent on this trip due to safety concerns following the World Trade Center attack on September 11.  As a result, that $20,000 was carried over to this fiscal year.

 

At the January 14, 2003 Council meeting, the Council allocated $30,000 from the $40,000 to the Close-Up Program with $10,000 remaining in unappropriated funds. 

 

Council Member Ramos suggested the Council consider allocating the remaining $10,000 to the Sister City Committee.  Providing $10,000 for the summer 2003 student visit to Ota City will fund airfare for 12 students.  Chaperone airfare is purchased from the Library Services expense account budgeted for that purpose.  Like the Close-Up Program, students must be Burbank residents to participate in the Student Exchange Program.

 

Recommendation:

 

It is staff�s recommendation that the Council approve an allocation of $10,000 to the Sister City Committee to fund the airfare for Burbank students to participate in the summer 2003 Burbank Sister City Student Exchange with Ota City, Japan.

 

 

15.    APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND JONES LANG LASALLE FOR PRE-CONSTRUCTION SERVICES FOR THE DEBELL CLUBHOUSE REPLACEMENT PROJECT AND THE SOUTH SAN FERNANDO PROJECT, PHASE 1 PROJECT:

 

Staff is requesting Council approval of a Professional Services Agreement (PSA) between the City of Burbank and Jones Lang LaSalle (JLL) to provide pre-construction services for the DeBell Clubhouse Replacement Project and the South San Fernando Project, Phase I (SSP-1).  The different Steering Committees for these two projects recommended retaining one pre-construction service provider  to augment staff for each of these important projects.

 

The SSP-1 consists of approximately two acres in the South San Fernando Redevelopment Project area and is bordered by San Fernando Boulevard to the North, Providencia Avenue to the West, and Cedar Avenue to the East.  The Project�s conceptual plan generally comprises a two-story 16,000 gross square foot (gsf) building with an 8,000 gsf footprint over 40 subterranean parking spaces.  The building is a joint-use facility that will provide the needs of the City�s Recreation Program and a Community School to be operated by the Burbank Unified School District (BUSD).  Other on-site program uses which are subject to further approval and design development may include a small park component with play equipment, a lighted basketball court, on-site parking, and other open space and recreational amenities.

 

Nestled away in the Verdugo Mountains, the 18-hole DeBell Municipal Golf Course provides Burbank residents and golf visitors with a true golfing experience and challenge to players of all skill levels while offering spectacular city and mountain views.  Completed in 1970, the clubhouse, cart storage, and maintenance facilities have become functionally obsolete. 

 

Staff invited seven pre-construction service providers to submit a cost proposal to augment staff in providing specific technical support efforts for the DeBell and SSP-1 Projects per its January 29, 2003 Request for Proposal (RFP).   Five firms submitted cost proposals on February 18, 2003 for review.  A Pre-Construction Service Provider Selection Committee convened on March 13, 2003 to hear oral presentations from  the top three qualified firms.^[1]  This Committee was represented by the following individuals:

 

            Bruce Feng, Public Works Director

            Mike Flad, Park, Recreation & Community Services Director^[2]

            Jan Bartolo, Park, Recreation & Community Services Deputy Director

            Larry Wolff, AIA, Project Architect for SSP-1

            Phillip Clifford, Capital Projects Manager

 

Discussions were held immediately following the completion of all oral presentations.  Although it was clear that each firm was capable of providing the requested services, the Committee was unanimous in ranking the firms as noted below.

 

1st       Jones Lang LaSalle

2nd      GafCon

3rd      Davis Langdon Adamson

           

After the Committee established the firm ranking, each not-to-exceed fee was opened. The fees, excluding a reimbursable expense allowance, ranged from $150,000 to $180,000.  Staff subsequently analyzed each fee proposal to ensure the scope was comprehensive and commensurately priced.  Staff then initiated contract negotiations with JLL.

  

JLL is the world�s leading real estate investment management services firm, operating across more than 100 markets on five continents.  Their Project and Development Services group is a leader in the management of pre-construction, design, and construction for clients across the United States.  These services have been a core competency for JLL since 1967.  Their project management solutions are anchored by the depth of the staff and the commitment to best practices. 

 

In its Western Region, JLL employs more than 130 project managers, 65 of which are based in Los Angeles.  Their collaborative experience covers a wide range of project types and industries and provides JLL�s Project and Development Services group the flexibility to match the right people with the right skills for any assignment.

 

Considered an integral part of the Project Team and representing the City�s overall best interest, JLL will provide technical expertise in establishing project controls that will enable these projects to be completed on time, on budget, and consistent with project objectives.

 

In general, JLL will provide the services listed below.

 

�        Project Milestone Schedules for the Schematic Design (SD) Phase, Design Development (DD), and Construction Document

      (CD) Phases

�        Value Management Program

�        Constructability & Document Compatibility Reviews for the DD and CD Phases

�        Construction Budget Estimates for the SD, DD, and CD Phases

�        Coordination and Review Meetings to Develop and Finalize above cited Project Deliverables.

 

A Not-to-Exceed Fee (Fee) of $182,500^[3] was negotiated for the pre-construction services generally described above and more specifically detailed in the PSA.  The Fee represents one and one-half percent of the $12,000,000 total estimated and combined value of both projects and is within the industry-accepted range and norm of one to two percent for professional services of this nature.

 

The Consultant�s Fee will be equally divided between both Projects at $91,250 each.  Sufficient funds are available from each project. 

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND JONES LANG LASALLE FOR PRE-CONSTRUCTION SERVICES FOR THE DEBELL CLUBHOUSE REPLACEMENT PROJECT AND THE SOUTH SAN FERNANDO PROJECT, PHASE I.

 

 

16.    RECOMMENDING APPROVAL AND FILING OF THE FISCAL YEAR 2003-08 CONSOLIDATED PLAN SUBMISSION FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAM:

 

This proposed resolution requests the Council to approve and file the Consolidated Plan (Plan) submission for community planning and development programs pursuant to federal regulations dated January 5, 1995 (24 CFR Part 91) for Fiscal Years (FY) 2003-08 including:  1) FY 2003-04 Annual Plan and federal fund applications for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; 2) The CDBG Final Statement of Community Development Objectives and Projected Use of Funds for FY 2003-04; and, 3) Authorizes the City Manager to execute United States Department of Housing and Urban Development (HUD) funding agreements for CDBG and HOME; act as the City�s Certifying Officer under 24 CFR, Part 58 � Environmental Review Procedures, and execute sub-recipient contracts with organizations utilizing CDBG and HOME funds, as applicable.

 

The Plan is required every five years and was last submitted to HUD for FYs 2000-03. It describes Burbank�s community profile including population and households, employment, housing, and community development.  The Plan covers a general assessment of needs for all households, and particularly very low and low-income households at or below 80 percent of median family income, including minorities, elderly, disabled, and large families.  The Plan also sets out a strategic five year plan describing the City�s eight priority needs including housing, homeless and special population(s) services, community facilities and infrastructure, economic development, and community services.  The strategy further reflects the federal, state/local and private resources and programs that are available to meet identified needs, and an annual action plan indicating which resources and programs will be used in FY 2003-04 to accomplish specific, quantitative goals. 

 

The Annual Plan includes new federal funding available this year and other resources to address strategic plan goals.  Of the four entitlement grants covered by the Plan, Burbank is eligible and applies for CDBG and HOME program funds.  For 2003, CDBG and HOME funds are estimated at approximately $2.6 million.  A CDBG Final Statement of Community Development Objectives and Projected Use of Funds, as approved by the Council, will program over $1.7 million in CDBG activities, while HOME funds ($904,000) will finance housing projects.  The Annual Plan and federal applications must be submitted to HUD no later than May 15, 2003 for the upcoming year.

 

Compared with last year, the CDBG entitlement represents over a six percent increase while total program funds are $195,700 more than last year or 12.6 percent higher.

 

FY 2003 CDBG FUND RESOURCES

CDBG Fund Source	Fund Amount
2003 Entitlement	$1,445,000
HUD Reallocated Funds	9,304
Program Income (2001-02)	286,000
Total FY 2003 CDBG	$1,740,304