This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting.  The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desks at the three libraries and are available for public inspection and review. If you have any question about any matter on the agenda, please call the office of the City Clerk at (818) 238-5851.  This facility is disabled accessible.  Auxiliary aids and services are available for individuals with speech, vision or hearing impairments (48 hour notice is required).  Please contact the ADA Coordinator at (818) 238-5021 voice or (818) 238-5035 TDD with questions or concerns.

 

CLOSED SESSION ORAL COMMUNICATIONS IN COUNCIL CHAMBER:

Comments by the public on Closed Session items only.  These comments will be limited to three minutes.

 

For this segment, a PINK card must be completed and presented to the City Clerk.

 

CLOSED SESSION IN CITY HALL BASEMENT LUNCH ROOM/CONFERENCE ROOM:

                                                      

a.      Conference with Labor Negotiator:

         Pursuant to Govt. Code �54957.6

         Name of the Agency Negotiator:  Management Services Director/Judie Sarquiz.

         Name of Organization Representing Employee:  Represented: Burbank Management Association.

                 Summary of Labor Issues to be Negotiated:  Contract for Fiscal Year 2003-04.

 

b.      Conference with Legal Counsel � Existing Litigation:

         Pursuant to Govt. Code �54956.9(a)

         Name of Case:  Theresa Karam v. City of Burbank.

         Case No.:  U.S.C.A. 02-56220

         Brief description and nature of case:  Alleged civil rights violation.

 

c.      Conference with Real Property Negotiator:

Pursuant to Govt. Code �54956.8

Agency Negotiator:  Community Development Director/Susan Georgino

Property:  1000 South Flower Street.

         Parties with Whom City is Negotiating:  Jane and Anna Jennings and Dennis B. Ellman.

         Name of Contact Person:  Ruth Davidson-Guerra, Assistant Community Development Director for Housing and

         Redevelopment.

Terms Under Negotiation:  Purchase of Property.

 

d.      Conference with Real Property Negotiator:

         Pursuant to Govt. Code �54956.8

         Agency Negotiator:  Community Development Director/Susan Georgino

         Property:  415 Front Street (APN 2449-036-904), Remnant High Rail Parcel (APN 2449-037-902), Vacated Portion of

         Front Street.

         Parties with Whom City is Negotiating:  Bert Boeckmann and the Ford Motor Company.

         Name of Contact Person:  Jack Lynch, Senior Redevelopment Project Manager.

         Terms Under Negotiation:  Sale of property.

 

e.      Conference with Legal Counsel � Anticipated Litigation (City as potential defendant):

         Pursuant to Govt. Code �54956.9(b)(1)

         Number of potential case(s):  1

 

 

When the Council reconvenes in open session, the Council may make any required disclosures regarding actions taken in Closed Session or adopt any appropriate resolutions concerning these matters.

 

 

                                                                      6:30 P.M.

 

 

                                   INVOCATION:      Captain Moy, Salvation Army.

                                                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:             CHARTER REVIEW COMMITTEE APPLICATIONS.

                  

                                               ANNOUNCEMENT:             MAGNOLIA PARK COMMUNITY ADVISORY COMMITTEE APPLICATIONS.

 

                                               ANNOUNCEMENT:             PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT BOARD APPLICATIONS.

 

                                               PROCLAMATION:               FAMILY SERVICE AGENCY�S 50^TH ANNIVERSARY.

 

 

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).

 

REPORTING ON CLOSED SESSION:

 

 

INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:  (Two minutes 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 Oral Communications.  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.

 

Initial Open Public Comment 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 two minutes.

 

Agenda Item 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.

 

Final Open Public Comment 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 Initial Open Public Comment 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 two 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 INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

 

  

AGENDA ITEM ORAL COMMUNICATIONS:  (Four minutes on Agenda items only.)

 

COUNCIL AND STAFF RESPONSE TO AGENDA ITEM ORAL COMMUNICATIONS:

 

 

CONSENT CALENDAR: (Items 1 through 4)

 

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.

 

         1.      MINUTES:

 

Approval of minutes for the regular meetings of September 23 and September 30, 2003.

 

Recommendation:

 

Approve as submitted.

 

 

        2.      APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND LEO A. DALY ARCHITECTS FOR ARCHITECTURAL DESIGN, SPECIALTY CONSULTANTS, AND ENGINEERING SERVICES TO COMPLETE THE DEVELOPMENT AND COMMUNITY SERVICES BUILDING AND TO RESUME THE PROJECT DESIGN EFFORT:

 

Staff is requesting Council approval of a Professional Services Agreement (PSA) with Leo A. Daly Architects (Daly) to provide architectural design, specialty consultants, and engineering services to complete the design for the Development and Community Services Building Project (DCSB Project), and to resume the design effort. Widom Wein Cohen O�Leary Terasawa (WWCOT) commenced comprehensive architectural design, engineering, and specialty consultant services for the DCSB Project on November 15, 2001.  The City placed the DCSB Project on hold on January 24, 2003 in response to cost reduction measures across all City departments to position itself against potential fiscal impacts the California state budget crisis may eventually impose on its funding resources.  Design services were completed through 10 percent of the Construction Document Phase at the time the Project was placed on hold.  WWCOT performed the design services consistent with the contractual obligations and has been commensurately compensated for their services.  Since that time, only minor administrative City efforts, including completion of the initial phase for overhead utility undergrounding efforts were completed.  No other design efforts have proceeded.

 

Architectural Firm Comparison

In evaluating the potential for substituting the existing architectural team, staff looked to its initial Architect-Engineering (A-E) selection process and determined that the second choice at that time, Daly, currently demonstrates in-house qualifications, project expertise, and ability to successfully complete the DCSB Project.  In exercising due diligence, staff concluded that Daly offers the following benefits:

 

            1.         A senior project team with substantial and commensurate project-related experience;

            2.         A Leadership in Energy and Environmental Design (LEED) accredited professional, a critically important staff position to meet the City�s goal of LEEDs certification;

          3.         Complete design, administration, and engineering support services that cost-effectively complete the project within budgetary constraints; and,

            4.         Provide an objective second look at the existing project design and program to address potential design concerns with a critical eye toward aesthetic, functional, and economic considerations. 

 

As a matter of legal record and industry standard, WWCOT will be designated as the Design Architect of Record and Daly will be listed as the Architect of Record on all subsequent project-related documents. 

 

Oversight Committee Involvement

Staff met with the DCSB Project�s Oversight Committee to discuss the opportunity to substitute the Project Architect, and the Committee favored exploring the option.  Staff reconvened with the Committee after its assessment of legality, process, cost, schedule, firm capability, and other criteria were examined.   Based on staff�s findings, the Committee directed staff to present the substitution of Daly for WWCOT to the Council for approval. 

 

Firm Profile

Daly is an internationally recognized, award-winning, architecture, planning, engineering, and interior design firm, consistently ranked among the top 10 largest architecture/engineering firms and the top 10 interior design firms in the United States. With 1,000 professionals in 19 offices worldwide, their diverse portfolio includes world-class projects, of all sizes and scope, in over 50 countries, all 50 states, and the District of Columbia. 

 

Daly�s Los Angeles office has 65 professionals, 52 of which are first-rate architects.  Following are their most recent landmark projects:

 

      �           Cathedral of Our Lady of the Angels � Los Angeles, CA

      �        Reptile Exhibit Center and Rainforest of the Americas � Los Angeles Zoo, CA

      �        California State University � Channel Islands Spoor Broome Library, CA

      �        Santa Monica College Main Stage Theater � Santa Monica, CA

      �        Tom Bradley International Terminal � Los Angeles International Airport, CA

 

Daly is a global leader of design excellence in the built environment, whose goal is to create exceptional projects that enhance and enrich the human experience. Daly succeeds by providing exemplary design services, and by constantly exceeding their client�s goals and expectations.  A quote by Leo A. Daly III, FAIA, sums up Daly�s philosophy, �Quality of design is our highest pursuit.�

 

Professional Services Agreement

The PSA provides cost, scope of services, and team member information to complete the design effort for the DCSB Project. All requisite project-related services are included within the PSA to ensure completion of the design, bidding, and construction administration efforts needed for a successful project, and are based on detailed discussions and negotiations with Daly.  Upon Council approval to commence design services, the following milestone activities are anticipated:

 

                  1.            Construction Document Completion                             July 2004

                  2.            Construction Document and GMP Approvals              September 2004

                  3.            Commence Construction                                               October 2004

                  4.            Complete Construction                                                  January 2006

                  5.            Occupancy                                                                       March 2006

 

In comparing Daly�s proposed services to WWCOT�s remaining $932,000 PSA balance, Daly�s services are approximately $11,000 less than WWCOT.  However, from a comprehensive needs assessment or turn-key services standpoint, staff deems it necessary to augment Daly�s proposal and has requested additional services as described below.

 

     1.      $ 60,000 for Design Allowance to be managed by the City to:

 

�     evaluate potential exterior and interior design issues;

�     evaluate potential access and site concerns;

�     complete the Community Room and Public Information Office (PIO) program space; and,

�     provide value engineering and constructability reviews.

 

     2.  $16,200 per the City�s request to include an Audio Visual (AV) consultant to address the special needs anticipated for the PIO and Community Room functions that have since been added to the DCSB Project�s original program.

 

Staff negotiated the cost to complete the design, bidding, and construction administration services, including the above listed service augmentation, for a Not-to-Exceed Fee of $997,000. This fee is $65,000 more than WWCOT�s PSA balance.  The project contingency established as part of the overall project budget and previously accepted by the Council will absorb the increased cost without seeking additional funding.

  

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND LEO A. DALY ARCHITECTS.

 

 

         3.      APPROVING CONTRACT DOCUMENTS AND AWARDING A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1124, INSTALLATION OF VEHICLE AND PEDESTRIAN DETECTION SYSTEMS AT VARIOUS INTERSECTIONS:

 

Staff is requesting Council approval of contract documents and award of a construction contract for Bid Schedule No. 1124, Installation of Vehicle and Pedestrian Detection Systems at Various Intersections.  This project will upgrade and modernize traffic signals at ten locations.

 

The Council established two traffic signal improvement programs in Fiscal Year (FY) 1999-00 to modernize existing older traffic signal installations.  The first project provided $175,000 per year for the installation of pedestrian pushbuttons and pedestrian signal heads at approximately three locations, and the second project allocated $150,000 per year for the installation of approximately four vehicle detection systems (detector loops) each year.  Both programs were funded with Gas Tax monies, and the improvement programs were projected to require five to six years to completely upgrade the signal systems.  The programmed improvements were needed to improve the traffic signal flexibility and improved response times to serve the constantly growing, variable traffic demand.

 

A detailed investigation of existing traffic signal facilities showed that a more extensive renovation would be required at more locations than initially envisioned.  Most locations needed wiring, controller and signal pole upgrades to allow the most efficient operation of the proposed vehicle and pedestrian detection systems.  The two programs were combined in FY 2001-02, and the project was redefined to enable the full upgrade of existing signal systems.  The new program called for the design of twenty intersections and the immediate construction of ten locations.

 

Ten locations were selected on three of the most heavily-traveled corridors to maximize the efficiency of these streets.  Hollywood Way, Olive Avenue and Victory Boulevard were selected for the completion of the upgrades for efficient coordination.  The engineer�s estimate for the construction project was $736,604.  The selected locations are as follows: