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 City Employees Association, Burbank Management Association, International Brotherhood of Electrical Workers, Burbank Firefighters Association, Burbank Firefighters Chief Officers Unit, and Burbank Police Officers Association; Unrepresented, and Appointed Officials.

Summary of Labor Issues to be Negotiated:  Current Contracts and Retirement Issues.

 

b.      Conference with Legal Counsel � Anticipated Litigation (City as possible plaintiff):

Pursuant to Govt. Code �54956.9(c)

Number of potential case(s):  1

 

c.      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:                      

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.

 

PRESENTATION:                YOUTH ART EXPO.

 

PROCLAMATION:               ASIAN PACIFIC AMERICAN HERITAGE MONTH.

 

 

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. PUBLIC HEARING:

 

1.      ZONE TEXT AMENDMENT TO ELIMINATE COMPACT PARKING IN MULTI-FAMILY ZONES; AMEND PARKING SPACE DIMENSION TABLES; ESTABLISH DIMENSIONS FOR GARAGES AND CARPORTS IN SINGLE-FAMILY AND R-2 ZONES; AND, CLARIFY WHEN A PARKING WAIVER CAN BE GRANTED:

 

At the January 20, 2004 meeting, the Council directed staff to bring back a Zone Text Amendment to delete current Burbank Municipal Code (BMC) provisions allowing for a certain portion of required parking spaces in multi-family residential developments to be small car (compact) spaces.  The proposed amendment will delete provisions for compact spaces in the R-3, R-4 and R-5 zones (and by extension in the MDR-3, MDR-4, and MDR-5 zones), and add language specifying that all required spaces in these zones must be full size spaces.  The BMC currently does not allow for compact spaces in the R-2 zone.  Staff will also discuss how changes in the average size of vehicles sold and other aspects of vehicle design have made compact parking spaces less useful than they once were, and how an increasing number of other California cities appear to be reducing or eliminating provisions for compact parking spaces.

 

Staff will also take this opportunity to introduce three related minor changes to the Zoning Code dealing with the dimensions of parking:

1. Changes to the parking space dimension tables in BMC �31-1401 to make the tables easier to use and to correct an old typographical error in one of the tables.

2. Adding a new Code section (BMC �31-1402.5) to specify minimum required interior dimensions for new-construction garages and carports in the single-family and R-2 zones.  Requiring these dimensions has been unofficial City policy for some time, and staff will explain how the particular dimensions were derived at. 

3. Amending current provisions for waivers to required parking in the single-family and R-2 zones, to clarify the goal of retaining as much off-street parking as practical in these zones.

Recommendation:

 

1.    Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A NEGATIVE DECLARATION AND APPROVING ZONE TEXT AMENDMENT NO. 2004-30 REGARDING COMPACT PARKING IN CERTAIN RESIDENTIAL ZONES.

 

2.    Introduction of proposed ordinance entitled:  (motion and voice vote only)

AN ORDINANCE OF THE COUNCIL OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO COMPACT PARKING IN CERTAIN RESIDENTIAL ZONES.

 

 

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:

 

 

RECESS for the Redevelopment Agency meeting.

 

RECONVENE for the City Council meeting.

 

 

CONSENT CALENDAR: (Items 2 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.

 

2.      MINUTES:

 

Approval of minutes for the regular meeting of April 13, 2004.

 

Recommendation:

 

Approve as submitted.

 

 

3.      MEDIA DISTRICT INTELLIGENT TRANSPORTATION SYSTEM TRANSFER FUNDING:

 

The Media District Intelligent Transportation System (ITS) project is being constructed to provide advanced traffic monitoring and control systems for emergency traffic management and recurring traffic congestion on major travel routes and at freeway interchanges in the Media District.  On December 9, 2003, the Council authorized staff to execute a contract to construct the project utilizing a combination of grant and local match funding, totaling $2,045,000.  Staff requests authorization to substitute $210,000 of Proposition C funds for the originally identified $210,000 Development Impact Fee portion of the local match requirement.  The use of Proposition C funding is being recommended in order to meet a Metropolitan Transportation Authority (MTA) expenditure deadline for this fiscal 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 2003-2004 BUDGET BY APPROPRIATING $210,000.00 FOR THE MEDIA DISTRICT INTELLIGENT TRANSPORTATION SYSTEM (ITS).

 

 

4.      APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH TURNER CONSTRUCTION COMPANY TO DEVELOP A SEPARATE GUARANTEED MAXIMUM PRICE FOR THE ROBERT R. OVROM PARK PROJECT, PHASE I AND THE SOUTH SAN FERNANDO BOULEVARD STREETSCAPE PROJECT; COOPERATION AGREEMENT BETWEEN THE CITY OF BURBANK AND REDEVELOPMENT AGENCY OF THE CITY OF BURBANK FOR THE SOUTH SAN FERNANDO BOULEVARD STREETSCAPE PROJECT; AND, APPROPRIATION OF REDEVELOPMENT AGENCY FUNDS:

 

Staff is requesting Council approval of:  1) a Professional Services Agreement (PSA) with Turner Construction Company (Turner) to develop the Guaranteed Maximum Price (GMP) for the Robert R. Ovrom Park Project, Phase I and the South San Fernando Boulevard Streetscape Project; and, 2) a Cooperation Agreement with the Redevelopment Agency (Agency) for the South San Fernando Boulevard Streetscape Project. 

 

Staff is also requesting Agency Board approval of:  1) a Cooperation Agreement with the City for the South San Fernando Boulevard Streetscape Project; and, 2) an appropriation of Agency funds for the Agency�s portion of the PSA with Turner. 

 

In separate actions, the Council approved a GMP delivery strategy in lieu of the Design Bid Build delivery process for the Robert R. Ovrom Park Project, Phase I and the South San Fernando Streetscape Project.

 

Staff also initiated a pre-qualification procedure in July 2003 to identify qualified general contractors to construct these capital projects using a GMP delivery strategy.  The selection process culminated with the Selection Committee convening in March 2004 to hear oral presentations from three qualified firms:  Turner; Pepper Construction Company; and, KPRS Construction Services, Inc.  Turner was selected based on overall best value and fit with the City and Burbank Unified School District needs, not lowest price.  The proposed staff was most qualified, having the commensurate expertise in completing projects of this type and complexity.  Their hourly rates, fixed fee for the GMP, weekly staff costs, expected construction durations, and costs for insurance and bonding were either the lowest or compared favorably with Pepper Construction Company.  

 

Proposals for GMP services reflected a cost range from a low value of $38,624 for Pepper Construction Company to $99,000 for KPRS Construction Services, Inc.   Based on four project delivery scenarios identified in the Request for Proposal, the cost for Turner�s GMP services ranged from $48,000 to $83,300.   Turner understood that four potential construction scenarios required four pricing options commensurate with the level of service required to complete the GMP.  

 

Separate Project Execution - Staff met with the project stakeholders and Development Oversight Committee and was directed to separately commence construction of the Ovrom Park and Streetscape Projects.  This approach was deemed in the City�s long term best interest.  To prepare for construction commencement of the Streetscape Project by September 2004, the GMP services provider needs to be retained as quickly as possible to properly develop the GMP for Council and Agency Board approval.   Consequently, the decision to first issue a PSA followed by a project specific construction agreement after the GMP is completed for each project was based on time constraints and efficiency.  The PSA enables staff time to develop the project specific construction agreement that will be executed after the GMP has been approved by the Council and Agency Board.  

 

Completion of the GMP services and a subsequent and separate construction contract for the Ovrom Park and Streetscape Projects is summarized below. 

• Only one PSA encompassing GMP services for both the Ovrom Park and Streetscape Projects will be executed based on the Council�s approval.   GMP services for each project will commence on/or about the same time.

• The GMP for the Streetscape Project will be developed first with an anticipated submittal for Council and Agency Board approval in August 2004.  Staff will also request Council and Agency Board approval of the construction documents and the construction contract at that time. 

• Based on Council approval of the GMP for the Streetscape Project, a separate construction contract will be executed with construction expected to commence in September 2004.

• As previously noted, the GMP services for the Ovrom Park Project will commence on or about the same time as the Streetscape Project.  However, since the Ovrom Park Project is currently completing its Design Development Phase, the GMP is expected to be completed in February 2005.

• Based on Council approval of the GMP for the Ovrom Park Project, a separate construction contract will be executed with construction expected to commence in March 2005.

Professional Services Agreement � The City�s PSA with Turner imposes a high accountability level on its service delivery and overall performance.   The City reserves the right to pursue another general contractor in the event Turner does not meet the expectation and performance levels.   In general, Turner will provide the following GMP services:  document constructability and bidability reviews; developing a comprehensive and fully supported GMP; developing construction milestone schedules; establishing a Subcontractor Pre-Qualifications and Resource Program; attending requisite coordination review meetings; and, providing other required GMP services based on project needs.

 

Cooperation Agreement between the City and Agency � The proposed Cooperation Agreement between the City and Agency serves three purposes.  First, it documents the relationship between the City and Agency and allows the City and its Construction Manager (Turner) to manage an Agency project funded by Redevelopment Tax Allocation Bonds for the South San Fernando Redevelopment Project Area.  It also protects the City from any liability that could occur due to Turner�s use of construction documents created as a result of an Agency contract with David Evans and Associates, Inc. 

 

Second, the proposed Cooperation Agreement allows appropriation of the Agency funds necessary to fund the Agency�s portion of the proposed PSA with Turner to act as Construction Manager for both the Ovrom Park and Streetscape Projects and allows transfer of these funds to the City�s Capital Projects Budget (Fund 370). 

 

Finally, the Cooperation Agreement allows for future transfer of Agency funds to the City�s Capital Projects Budget to pay for Project improvements.  Agency staff will return to the Agency Board to request approval of a resolution appropriating funds to be used for Project improvements at the same time it seeks approval of a construction contract for the Project. 

 

Cost for GMP services - The cost for GMP services was based on the City�s decision to complete the Ovrom Park and Streetscape Projects separately.  Turner�s cost to provide GMP services for this scenario is $48,010 and excludes reimbursable expenses.  However, the maximum cost exposure for GMP services for both projects, excluding any reimbursable expenses, is $81,619, and is based on the timing in completing the Ovrom Park Project GMP and commencing construction.  

 

A concerted GMP services effort for the Streetscape Project will commence after  Council approval of the subject PSA to facilitate the projected September 2004 construction commencement.  This initial effort will also include GMP services to reconcile the Design Development Budget for the Ovrom Park Project.   During the Streetscape Project�s construction period, and when the Ovrom Park Project construction documents are approximately 75 percent to 90 percent complete, a focused GMP development effort for the Ovrom Park Project will begin and will be performed by the same on-site Turner staff working on the Streetscape Project.   

 

In the event the Park Project is delayed in such a manner that Turner�s GMP services cannot be completed while its on-site staff is working on the Streetscape Project, the City�s cost exposure may increase by no more than $33,609 to a total cost of $81,619, for all GMP services, excluding reimbursable expenses.   To ensure each project equitably shares its relevant cost for GMP services, staff offers the following points.

1. If GMP services are provided for the Streetscape Project without any involvement or existence of the Ovrom Park Project, those costs would be $48,010.

2. If GMP services are provided for the Ovrom Park Project without any involvement or existence of the Streetscape Project, those costs would be $33,609. 

3. If the GMP services for the Ovrom Park Project are performed by Turner�s on-site staff during construction efforts on the Streetscape Project, there is no additional cost to the City.   The cost is $48,010, plus any reimbursable expenses.

4. Under the scenario identified in Point 3 above, the $48,010 cost for GMP services on the Streetscape Project will be reduced by $33,609 (for a net cost of $14,401 to the Streetscape Project) and the $33,609 cost transferred to the Ovrom Park Project�s total cost.  

5. If the GMP services for the Ovrom Park Project are not performed by Turner�s on-site staff during construction efforts on the Streetscape Project, there will be an additional cost of $33,609 to the City.   Under this scenario, the total combined cost for GMP services for both projects is $81,619, excluding reimbursable expenses.

The manner in which Turner�s GMP services are being provided represents a substantial benefit and value to the City.  Turner is requiring its on-site staff, which is the same staff providing construction management for both the Streetscape and Ovrom Park Projects, to provide these GMP services.  The value Turner obtains is the cost and schedule knowledge base it acquires in preparing for constructing the Ovrom Park Project.

 

Recommendation:

 

Adoption of proposed resolution entitled:

(4/5 vote required)

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND TURNER CONSTRUCTION COMPANY FOR DEVELOPMENT OF THE GUARANTEED MAXIMUM PRICE FOR THE ROBERT R. OVROM PARK PROJECT, PHASE I AND THE SOUTH SAN FERNANDO BOULEVARD STREETSCAPE PROJECT; APPROVING A COOPERATION AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK; AND AMENDING THE FISCAL YEAR 2003-04 BUDGET IN THE AMOUNT OF $53,000.00 FOR THE SOUTH SAN FERNANDO BOULEVARD STREETSCAPE PROJECT.