Staff Report - April 2, 2002 - Agenda Item

The purpose of this report is to present to City Council the proposed Design Plans for the Lake-Alameda Landscaped Access Path Project (Project) and to consider entering into a Use Agreement with the Los Angeles County Flood Control District (County) for the Project.

In May 2005, Council identified the Lake-Alameda area as a new focus neighborhood in need of revitalization. Like the other four focus neighborhoods (Elmwood, Verdugo-Lake, Golden State and Peyton-Grismer), this area has a higher percentage of renters versus owners, larger household sizes/overcrowding issues, a significantly greater percentage of population under the age of 18, code enforcement issues, a higher percentage of linguistic isolation, and deteriorating housing conditions.

For over ten years, the City has taken a proactive approach to neighborhood revitalization in these areas through its partnership with the Burbank Housing Corporation and with making broader neighborhood enhancement investments (i.e. infrastructure, reducing crime, heightened code enforcement, etc.). The City and Redevelopment Agency have improved the living conditions of residents of these focus neighborhoods by investing resources to improve the housing stock, providing affordable housing opportunities, developing neighborhood-based Family Resource Centers, making infrastructure improvements, and providing enriched living environments.

The Lake-Alameda Focus Neighborhood is located between Alameda Avenue and the eastern City border with Glendale and is bounded by the Interstate 5 Freeway to the north and Victory Boulevard to the south. The neighborhood is bisected by Lake Street and a dominant feature is the Los Angeles County flood control channel that passes through the neighborhood (Exhibit A).

This neighborhood is isolated and accessibility is a challenge for the residents due to the barriers of the flood control channel and the I-5 Freeway. The neighborhood exhibits a wide variation of housing conditions with deteriorating multi-family and single-family properties interspersed amongst other well maintained properties. Similar to other focus neighborhoods, code enforcement issues such as abandoned shopping carts, property maintenance, inoperable vehicles, illegal garage conversions, trash, junk, and debris are a persistent problem for this neighborhood. In addition, overgrown weeds and illegal trash and furniture dumping along the flood control channel right-of-way is a recurring problem. The Police Department has also identified this neighborhood as having a pronounced gang presence.

On May 30, 2006, staff presented a discussion paper to Council outlining the possibility of creating a landscaped access path along the Los Angeles County flood control channel right-of-way from Alameda Avenue to Victory Boulevard. The report explained that improvements to this area of the channel were already being considered as part of a larger Neighborhood Enhancement Strategy for the Lake-Alameda Focus Neighborhood. The Council then directed staff to continue with its neighborhood improvement efforts and begin developing the proposed landscaped access path in the Lake-Alameda Focus Neighborhood.

In December 2006, staff provided Council and the Redevelopment Agency Board with an overview of the Lake-Alameda Focus Neighborhood Enhancement Strategy. The Neighborhood Enhancement Strategy was developed by the Neighborhood Improvement Team which consists of representatives from the Community Development, Burbank Water and Power, Parks, Recreation and Community Services, Police, Fire, and Public Works Departments, and also incorporated input and feedback provided by the residents during our community outreach and participation process. The primary areas that needed to be addressed were: infrastructure deficiencies, accessibility/mobility, public maintenance upkeep, code enforcement issues (including property maintenance), lack of landscaping along Lake Street, and community education about City services.

The issues were divided into two types of categories: short term and long term neighborhood improvement goals. Short term goals were those issues that were quite simple and could be taken care of rather quickly, while the long term goals required more time and consideration to address. With the help and dedication of the Neighborhood Improvement Team considerable progress has been made to this neighborhood and the short term neighborhood improvement goals were immediately addressed. This included improvements such as filling in potholes, repairing street lights, weed abatement, tree trimming, increasing Police presence, proactive code enforcement, and planting additional street trees. Staff is now working with the Neighborhood Improvement Team on achieving the long term neighborhood improvement goals outlined in the Neighborhood Enhancement Strategy.

Improvements along the Los Angeles County flood control channel right-of-way and creating useable open space were identified as long term neighborhood improvement goals and are important components of the Neighborhood Enhancement Strategy. The Los Angeles flood control channel right-of-way is an area that was overgrown with weeds as depicted in Photo 1, however, last summer staff performed necessary weed abatement and tree trimming along the right-of-way. There is illegal trash dumping in the flood control channel and residents report that it is a popular �hangout area� for alleged gang members. This is an area that is also heavily traveled by pedestrians and is a popular route for the neighborhood�s students going to and from school. Approximately 117 students a day use the channel as an alternative route. It also provides a quicker way for the residents to reach the main corridors; Alameda Avenue and Victory Boulevard (Exhibit B).

During the schematic design phase of the landscaped access path, the project team reviewed preliminary plans and provided input. The Planning and Transportation Division recommends that the pathway maintain a minimum paved width of eight feet with a two-foot graded area on each side of the path to provide clearance from obstructions so that in the future the path may be converted to a bike path, should the City decide to construct a Class I connector bike path along this area from the Downtown Metrolink Station to Victory Boulevard. The Parks, Recreation and Community Services Department expressed the need for vehicular access for ongoing maintenance responsibilities. Staff also held individual meetings with Police and Fire representatives in order to discuss their needs and ensure that the improvements would not attract people loitering and create opportunities for crime and vandalism (i.e. an attractive nuisance). The Police Department indicated that creating a well lit, yet nicely maintained, access path will not only deter unwanted nuisances, but it may also create a sense of pride and ownership within the community. Police representatives expect that with the pride of the new path, residents will quickly report any problems. In order to have continuous Police presence, which Police representatives have expressed is important in this neighborhood, they also requested to have vehicular access to the pathway. The Fire Department indicated that the proposed access points to the pathway will be sufficient for emergency purposes. Staff incorporated the project team�s suggestions, comments, and requests into the schematic design.

On December 5, 2006, staff introduced the preliminary design plans for the proposed Lake-Alameda Landscaped Access Path project and provided Council with a preliminary cost estimate. Subsequently, Council approved the use of Community Development Block Grant (CDBG) funds for the proposed Lake-Alameda Landscaped Access Path project and directed staff to proceed with the design development and construction documentation phases, including preparation of a Use Agreement with the Los Angeles County Flood Control District.

At the Lake-Alameda Fall Fun Fest, held in October 2006, residents had an opportunity to view the Lake-Alameda Landscaped Access Path schematic design and provide staff with input on the Project. Residents did not have specific comments on the schematic design, but did express how excited they were about the Project and stated they were anxious for the improvements to begin.

An important element of developing the final plans included additional outreach to the neighborhood. As mentioned earlier, it was the community who expressed the need to improve the area. After the initial schematic design was shared last October, staff met several more times with neighborhood residents. On February 22, 2007, staff held a Lake-Alameda Focus Neighborhood community meeting to share the updated design plans for the Project with residents. Joining staff for the presentation was the design team from David Evans and Associates (DEA) and members of the Neighborhood Improvement Team. The design team presented the updated plans, the plant palette, and the site furnishings for the Project (Photo 2).

The residents had an opportunity to ask questions regarding the updated plans and again expressed to staff how excited they are about the Project and that they cannot wait for it to be completed. In addition to the community meeting, staff held one-on-one meetings with residents, as requested, to discuss the Project and answer any additional questions they had.

In general, the neighborhood residents are extremely happy with the design of the Project. They are pleased to see that the pathway provides access points for the Police to patrol the area. They are also happy that the pathway is going to be well lit, but were concerned with how the lighting might affect the neighboring residents. Staff explained that the lights are pedestrian-oriented lighting fixtures and will include a shield to prevent unwanted light intrusion into adjacent residences; this was acceptable to the residents.

Staff is also planning additional community outreach for the naming of the access path. This will include asking neighborhood residents and children to submit suggestions for a name which will be revealed in October at the Lake-Alameda Fall Fun Fest.

The Lake-Alameda Landscaped Access Path project includes improvements along roughly, a �-mile stretch of the Los Angeles County flood control channel right-of-way from the southeastern City limit at Victory Boulevard to Alameda Avenue. The Project consists of an eight foot wide meandering, concrete pathway along the east side of the flood control channel. The

path is flanked with landscaping, pedestrian-oriented, non-obtrusive lighting, and additional access points at the intersecting cul-de-sac streets. This Project will improve accessibility for the residents of this focus neighborhood and also provide the community with a safe and aesthetically appealing walkway. In addition, the Project incorporates similar style drought tolerant landscaping, bollards, and fencing improvements along the west side of the flood control channel (Exhibit C).

Staff worked closely with members of the Neighborhood Improvement Team, all City departments, and the County in preparing the final plans. The County provided the design team and staff with feedback and their requirements for the Project. They also expressed to staff their enthusiasm and commitment to the Project. The following are comments staff received from various City departments regarding the Project:

� Planning and Transportation Division requested that the pathway be a total of 12 feet wide so that in the future the path may be converted to a bike path, should the City decide to construct a Class I connector bike path along this area from the Downtown Metrolink Station to Victory Boulevard. Caltrans Class I bike path standards dictate that the 12 feet path can consist of a paved width of eight feet with a two-foot graded area on each side of the path to provide clearance from obstructions. This graded area may be paved or unpaved. Therefore, as suggested, the paved path maintains a constant width of eight feet from Victory Boulevard to Alameda Avenue and will have a two-foot graded area on each side of the pathway to provide clearance from obstructions throughout most of the Project. However, at one constrained area, the graded area will be one foot wide, for approximately 60 feet on each side of the path. Should the path be converted to a bike path in the future, signs will be posted that state �Path Narrows.� Furthermore, while not required, the Division has stated they are happy to see a consistent eight foot path, should the path be used as a bike path in the future.

� Police Department required vehicular access along the eight foot wide path. The path includes three vehicular access points for patrol purposes and ample lighting for safety. Safety is a priority and the Police representatives have indicated that when the Project is complete, the Beat Unit will be responsible for patrolling the pathway and any problems associated with the Project will be addressed accordingly. They also expect that with the pride of the new pathway, residents will quickly report any problems.

� Fire Department indicated that the proposed access points to the pathway are sufficient for emergency purposes.

� Public Works Department requested that the pathway design at the end of the cul-de-sac streets include consistent traffic control measures as there is no consistency at this time. In addition, the Building Maintenance Section will be maintaining the lighting along the pathway. The ongoing maintenance and upkeep cost for lighting is estimated to be $10,000 annually. The Public Works Department has incorporated this cost into their budget for next fiscal year.

� Burbank Water and Power requested that the irrigation system for the Project be converted to a recycled water system once recycled water becomes available to this area. Therefore, the construction specifications call for utilization of purple pipes throughout the Project to indicate reclaimed water, once reclaimed water is available and the irrigation system is converted.

� Parks, Recreation and Community Services Department will be maintaining the landscaping and irrigation system on both sides of the channel when the Project is complete and requested a pathway on the west side of the channel for maintenance. Therefore, the design incorporates a three foot wide, decomposed granite pathway on the west side of the channel for maintenance purposes only. The ongoing maintenance and upkeep costs associated with the Project are estimated to be $24,000 annually. This includes maintenance of the landscaping and irrigation on both sides of the channel, upkeep of the doggie stations and an allowance for utilities as Parks and Recreation will also be responsible for the water and electric costs associated with the improvements. Those costs are based on demand. Therefore, it is not possible to estimate a good annual figure until operations begins. However, it is important to note that the landscaping proposed is drought tolerant ground-cover, shrubs, and trees to minimize the use of water and runoff. In addition, once the water service goes from potable to reclaimed water in about five years, the cost for water will decrease by 15%. The Parks, Recreation and Community Services Department has incorporated these costs into their budget for next fiscal year.

� Pathway Design: The pathway will consist of an eight foot wide meandering concrete pathway along the east side of the flood control channel with a two foot graded area on each side throughout most of the pathway to provide clearance from obstructions. To maintain an eight foot wide pathway, the existing grades were adjusted with decorative retaining walls ranging in height accordingly. This allowed for the pathway to be designed so that there would be a clear line of sight and good visibility from Alameda Avenue or Victory Boulevard, thereby providing enhanced security throughout the entire pathway. There will also be vines planted along the retaining walls to prevent vandalism. As previously mentioned, the width of the paved pathway also allows for vehicular Police patrol throughout the entire length of the path. In addition, decorative pedestrian-oriented lighting fixtures will be placed 90 feet apart along the pathway for adequate security lighting. The lighting fixtures are positioned and appropriately shielded to prevent unwanted light intrusion into adjacent residences. The pathway will accommodate both pedestrians as well as bicyclists and may ultimately connect with other bike routes.

� Perimeter Landscaping: The perimeter landscaping includes drought tolerant ground-cover, shrubs, and trees to buffer neighboring residences, provide shade, and aesthetically enhance the area (Exhibit D). The plants chosen follow the Los Angeles River Master Plan, Landscaping Guidelines and Plant Palettes, and are all California natives. The plants will have adequate spacing and be grouped appropriately so that it appears the hardscape was adjusted to form with the landscape. As mentioned, the irrigation system will utilize potable water, but is designed for reclaimed water if in the future reclaimed water is made available to this area. In addition, area drains will also be installed in the planters to limit the amount of runoff into the Burbank Western Channel.

� Access Points: In addition to the entrances at Alameda Avenue and Victory Boulevard, there are additional access points at the intersecting cul-de-sacs. At the additional access points, the pathway will meander up to street elevation and there will be a decorative pavement entry area that will connect with the sidewalks to provide convenient pedestrian access to the path. The decorative entries will have amenities such as trash receptacles, doggy stations, pedestrian-oriented non-obtrusive lighting, and decorative bollards to prevent private vehicle access. At the Alameda Avenue entrance, the Victory Boulevard entrance, and the alley located between Linden Avenue and Victory Boulevard, there will be lock and key style removable bollards for vehicular access by the Police, Fire, Public Works and Parks, Recreation and Community Services Departments.

� Redesigned Drainage Facilities: On the east side of the County�s right-of-way, there are four existing drainage facilities at the end of Spazier Avenue, Elm Avenue, the alley between Elm Avenue and Linden Avenue, and Linden Avenue that runs across the right-of-way and connects to the Burbank Western Channel. At these locations, the storm water currently drains above ground, through a five foot wide, eight inch high, concrete open channel into the Burbank Western Channel. In order to design the pathway as outlined above, the open channel drainage facilities are going to be replaced with storm drain catch basins and an underground 18� diameter reinforced concrete storm drain pipe, which will allow the storm water to drain into the Burbank Western Channel.

�

Amenities and Site Furnishings: Amenities and site furnishings include pedestrian-oriented, non-obtrusive lighting, guardrails, doggie stations, trash receptacles, signage, bollards, and fencing (Exhibit E). The pedestrian-oriented lighting fixtures are the same lighting standards that are utilized throughout most of the parks in the City. The lighting fixtures will be placed on concrete pilasters in areas where there is a retaining wall. There will also be 36� high, steel guardrails installed along various locations of the pathway to provide additional safety. The existing chain link fence located along the channel wall, on both sides of the channel, will be replaced with a six foot high, more attractive Omega fence (Photo 3).

� West Side of the Channel: The Project incorporates similar style drought tolerant landscaping, decorative bollards to prevent unwanted private vehicle access, and fencing improvements along the west side of the flood control channel. The design plan for the west side of the channel does not encourage public access as that side of the channel backs up to a variety of industrial uses and pedestrian access is not encouraged on that side of the channel. However the landscaping and fencing are designed to compliment the improvements on the east side, thereby improving the aesthetics of the entire area. As mentioned, in order to maintain the west side of the flood control channel, there will be a three foot wide decomposed granite pathway for maintenance purposes only.

Based on the schematic design phase, staff provided a preliminary cost estimate of $1,153,000 for the construction of the Project in December 2006. Since that time, cost estimates have been refined based on design components necessary for the final plans. The engineer�s cost estimate for the construction of the Project is now $1,426,000, which is an increase of $273,000. The increase in Project costs are mostly associated with the increase in the amount of retaining walls, the necessity of concrete pilasters within the retaining wall for the light fixtures to be placed on, redesigned underground drainage facilities that connect to the channel, and additional guardrails for safety. In addition, the figure includes a 20% contingency. There will also be an additional cost of $180,000 for the County�s construction administrative services, for a total estimated Project cost of $1,606,000.

As previously mentioned, in December 2006, Council committed $1,527,265 in CDBG funds to complete public facility improvements in the Lake-Alameda Focus Neighborhood. Of the $1.527 million, $1,500 was used to plant additional street trees along Lake Street, $249,000 was earmarked for the sidewalk construction project scheduled to begin in June 2007, $229,900 was used for the design contract with David Evans and Associates, and the remaining $1.047 million was earmarked for this Project. The balance of the funds required for the project will be covered by the County of Los Angeles. A summary of City and County expenses follows below.

The County of Los Angeles has a history of contributing funding to improvements along County right-of-way. The County will only pay for landscaping, irrigation, and fencing. Any other improvements are the responsibility of the partner organization. Therefore, with the assistance of the County of Los Angeles for the Project, the City would be responsible to fund the remaining components of the project as summarized below:

Based on the engineer�s estimate for the construction of the Project, the City�s portion of the Project cost is $840,000. This is equal to 52% of the total Project costs and will pay for all of the hardscape, lighting, amenities, and site furnishings for the east side of the channel. The County�s portion of the Project cost is $766,000, which is equal to 48% of the total Project costs, and will pay for the landscaping, irrigation system, and fencing on both sides of the flood control channel. Also included in the County�s Project costs are their construction administration costs. It is important to note that the engineer�s cost estimate is subject to change based on competitive bidding. Therefore, the actual Project costs will be determined after the bidding process.

Since the County is funding 48% of the total Project costs, the City will have approximately $207,000 remaining in CDBG funds to pay for a construction management contract with David Evans and Associates, the City�s design consultant. The cost of the construction management contract will be $150,000. It is important to retain the City�s design consultant during the construction phase of the project in order to respond to any requests for information or prepare any additional construction documents as necessary. After deducting the $150,000 for the construction management cost, there is $57,000 in available funds to cover possible cost increases. This amount is in addition to the 20% contingency already included in the cost estimate. In the event there are cost overruns, the $57,000 in CDBG funds are the City�s Project reserves. In addition, the City and County have agreed to share the costs of any change orders associated with the construction of the Project.[1] In the event additional funds are required beyond these CDBG funds already approved for the project, staff will return to the City Council with that request.

Both the County and the City propose the County undertake the construction phase of the Project as they have extensive experience in making such improvements along their flood control channel right-of-ways. Staff is proposing to enter into a Use Agreement with the County for the Project and has added the bidding and construction of the improvements as the County�s obligation. Once Council and the County Board of Supervisors have approved the Use Agreement, Project funds will be transferred into an escrow account. Funds will be disbursed from the escrow account as outlined in the Use Agreement on a reimbursement basis. Transferring the funds to an escrow account demonstrates to the County our commitment to the Project, and the City�s commitment for the use of these CDBG funds.

The County of Los Angles has been very supportive of the project, and as described above, has also agreed to fund a portion of the improvements. While it took longer than anticipated to negotiate the Use Agreement, specifically the indemnification and remedies sections of the Agreement, staff and the County are confident that the final Agreement will allow the community to enjoy the improvements for many years to come. However, due to the additional time required to negotiate the Agreement, CDBG will not meet its expenditure deadline of April 15, 2007, pursuant to 24 CFR 570.902 of the CDBG regulations. Therefore, it is necessary to transfer the funds to an escrow account to demonstrate the commitment of funds to the U.S. Department of Housing & Urban Development (HUD).

CDBG regulations require funds in Burbank�s line of credit (LOC) account not to exceed 1.5 times its annual grant (Burbank�s annual grant is $1,214,390) 60 days prior to the end of the fiscal year. As of March 20, 2007, the City�s LOC balance was 2.14 times its annual grant, and the City needs to draw down an additional $775,194 to meet the 1.5 standard. Based on expenditures already made, but not yet drawn, and regular expenditures projected through April, the City needs to expend $525,000 to meet this obligation.

HUD wants the City to meet this expenditure level by May 1, 2007. This will avoid being placed on a list of untimely grantees that are subject to a one-year probationary period with a requirement to submit a workout plan and quarterly reports to take corrective actions to resolve any underlying problems. Furthermore, HUD has stated that should the City not meet the requirement for a second consecutive year (this is the first year for Burbank), it is subject to sanctions of up to 100% of the amount over the 1.5 standard.

The City has been aware of this possibility since last year when the City reimbursed $1.233 million back to its LOC due to the availability of State funds for the Ovrom Park project that had already been funded with CDBG funds. Subsequently, these funds ($1.5 million in total) were reprogrammed for the current Lake Alameda Project in December 2006.

Once all approvals are granted and Burbank commits its share of CDBG funds into escrow, the funds will be drawn from the integrated dispersements information system (IDIS), the federal software that tracks CDBG funds. The City anticipates being in compliance with the timeliness standard (1.5 ratio) by mid-May at the latest.

Staff is proposing to enter into a Use Agreement (Agreement) with the Los Angeles County Flood Control District for the use of the County�s right-of-way for the Project. The initial term of the Agreement is proposed to be for 55 years, and would be automatically extended for subsequent ten year terms thereafter. If necessary to terminate the Agreement, a minimum 180 days notice will be given for notice of intention to terminate. During that time, the parties agree to meet and confer on the grounds for termination to determine whether there are reasonable terms under the Agreement that can be continued. In conferring with the City Attorney�s Office, staff believes this is adequate time to rectify any issues and proceed with the Agreement. However, in the event the parties cannot reach agreement, the Agreement may be terminated after a 30 day notice of termination (after the initial 180 day notice).

The proposed Agreement (Exhibit F) outlines in detail the City�s and County�s responsibilities. Following are highlights of the Agreement:

o Prepare plans and bid specifications/bid schedule for the construction of the Project and obtain the County�s approval of the plans and specifications.

o Prepare and obtain all necessary environmental documents and environmental permits required for construction of the Project.

o Reimburse the County on a quarterly basis, within 30 days of receipt of a progress report and a reimbursement request form for the City�s portion of the cost of the Project. The total amount reimbursed is estimated to be $840,000.

o Retain ten percent of the cost of the Project until the City has reviewed and approved the work, and all contractors� payroll related information and documents.

o Keep, inspect, operate, and maintain the premises and improvements at all times during the term of the Agreement.

o If the property of the County is damaged by the City or any person entering the premises with the consent of the City, the City shall replace or repair the damaged property within reasonable time, or compensate the County for the damage within 30 days of billing.

o Upon either expiration of the Agreement, or upon occurrence of grounds for termination due to substantial incompatibility,[2] prior to such termination, the County must provide the City with notice and a reasonable period of time to cure the incompatibility. If the City cannot cure the incompatibility, all improvements associated with the Project will be subject to removal by the City at the County�s request. The cost for removal of improvements and restoration shall be solely borne by the City.

o The County is requiring the City to: 1) indemnify, defend, and hold harmless the County against any claims, demands, actions, causes of action, claim for damages, and lawsuits, arising from or in connection with the improvements, and 2) release the County and waive all rights to damages of any loss, costs, or expenses the City may sustain as a result of damage to or destruction of the City�s premises or improvements to the premises attributable to the County�s flood control or water conservation function or flooding. This represents a potential increase in liability to the City, however, staff has taken this possible liability into consideration during the design phase and feels the benefits of the improvements outweigh the increased liability.

o Without limiting the City�s indemnification of the County, the City will be self-insured for Comprehensive General Liability[3] and Workers� Compensation. Also, the City will be required to name the County as an additional insured on all policies of liability insurance.

o Review plans and bid specifications/bid schedule and perform or oversee the construction and inspections for completing the Project.

o Comply with the City�s bidding solicitation selection process in compliance with HUD and/or Federal fund provisions and requirements.

o Provide the City with a bid schedule and related bid documents for final review prior to the solicitation of contract bids.

o Conduct pre-bid, pre-award, and pre-construction meetings to ensure Federal fund provisions and requirements are explained to all interested parties.

o Provide the City with a list of contractors/subcontractors along with their certified payrolls for the City�s review and approval as contract payments are made.

o Require all contractors/subcontractors to name the City as an additional insured on all insurance policies for the construction of the Project.

o Conduct periodic job site interviews using form HUD-11 and submit to the City for review.

o Collect all requested contractors� payroll related information and documents for City review and approval prior to the payment of any final retention payments.

o On a quarterly basis, submit to the City a progress report and reimbursement request form for the City�s portion of the cost of the Project.

o Submit change order requests to the City for review and approval prior to the commencement of work.

o Conduct weekly construction meetings which include contractors, County, City, and David, Evans and Associates representatives.

o Retain the right to enter onto the area for flood control, watershed management, and water conservation purposes in order to perform emergency service work. In such cases of emergencies, the County may temporarily close and temporarily suspend the Agreement and provide notice to the City as soon as is practical.

o Will not be liable for any loss occurring due to the operation/use of the area or any damage or destruction to the area arising out of any act, activity, or omission of the City.

The Agreement also includes a schedule of performance that delineates when the County is to begin the bidding process, at which point the County will need to select a contractor, determine when construction is estimated to commence, and set a deadline for when construction of the Project must be completed. If the proposed Agreement is approved, the County will present the Agreement to their Board of Supervisors for approval in May 2007.

Upon approval of the Agreement by both parties, the County is expected to go out to bid for a construction contractor in June 2007. It is anticipated that the bidding and procurement process will take about five months and that construction will take another six months to complete.

The City, acting as the lead agency, has determined that pursuant to the California Environmental Quality Act (CEQA), this Project is categorically exempt in accordance with CEQA guidelines and a Public Notice of Environmental Determination has been posted at the Planning Division�s public counter. In accordance with the Federal National Environmental Policy Act (NEPA), staff has completed an environmental review which concluded that the Project is categorically excluded under HUD regulation 24CFR58.

As previously described, the Lake-Alameda Focus Neighborhood exhibits a wide variation of housing conditions with deteriorating multi-family and single-family properties interspersed amongst other well maintained properties. It was identified as the City�s fifth focus neighborhood, because similar to the other focus neighborhoods, code enforcement issues such as abandoned shopping carts, property maintenance, inoperable vehicles, illegal garage conversions, trash, junk, and debris have been a persistent problem for this neighborhood. In addition, overgrown weeds and illegal trash and furniture dumping along the flood control channel right-of-way continue to be a recurring problem. The Police Department has also identified this neighborhood as one with a pronounced gang presence.

The Lake-Alameda Neighborhood Enhancement Strategy was developed by the Neighborhood Improvement Team, made up of representatives from various City departments and based on input and feedback provided by the residents of the Lake-Alameda Focus Neighborhood. The issues were divided into two types of categories: short term and long term neighborhood improvement goals. With the help and dedication of the Neighborhood Improvement Team, considerable progress has been made in the neighborhood and the short term neighborhood improvement goals were immediately addressed. Improvements included: filling-in potholes, repairing street lights, weed abatement, tree trimming, increasing Police presence, proactive code enforcement, and planting additional street trees along Lake Street.

With those short term improvements completed, staff has worked the last several months with the Neighborhood Improvement Team on achieving the long term neighborhood improvement goals: making improvements along the channel right-of way and creating open space for the residents of the neighborhood. As previously described, the area along the Los Angeles County flood control channel right-of-way is already heavily used by the residents of the neighborhood. Specifically, it is a short cut for the children in the neighborhood to get to school. In addition, as there is currently no open space or recreational facilities in the neighborhood, residents use the area as open space and to walk their dogs. The Lake-Alameda Landscaped Access Path Project will achieve the two goals of improving the right-of-way so that residents have improved accessibility to the rest of the community and creating open space. Finally, the Project will make the area safer and more aesthetically pleasing, thereby enhancing the entire neighborhood.

The design of the Project incorporates the input and feedback from the Neighborhood Improvement Team, the County, and the community. In general, the Project includes improvements along the County�s flood control channel right-of-way from Victory Boulevard to Alameda Avenue. The improvements consist of an eight foot wide meandering concrete pathway along the east side of the flood control channel with perimeter landscaping, lighting, and additional access points at the intersecting cul-de-sac streets. Site furnishings and amenities include non-obtrusive, pedestrian-oriented lighting, decorative entries at cul-de-sacs, guardrails, doggy stations, trash receptacles, signage, bollards, and fencing. In addition, the Project will incorporate similar style landscaping improvements, bollards, fencing, and a three foot wide decomposed granite maintenance path along the west side of the flood control channel, to aesthetically enhance the area.

As mentioned, staff is proposing to enter into as Agreement with the Los Angeles County Flood Control District for the use of the County�s right-of-way for the Project. In summary, the Agreement outlines in detail the City�s and County�s responsibilities for the Project, including the initial term of the Agreement for 55 years. If approved by Council, the Agreement will be presented to the County Board of Supervisors in May 2007. Finally, if the final design as outlined within this report is approved, staff will return at a later date with the final plans signed off by the City Engineer for Council approval as required by Government Code Section 830.6.

There is no fiscal impact to the General Fund associated with the Project construction. The fiscal impact to the City for the construction of the Project is estimated to be $1,047,000. This includes a construction management contract with David Evans and Associates for $150,000. The Project construction and the consultant cost will be funded with Community Development Block Grant funds that have already been committed for public facility improvements within the Lake-Alameda Focus Neighborhood on December 5, 2006 with a Project allotment of $1,047,000. There are available Community Development Block Grant funds in account number 122.CD25A.63051.1120.000000. Ongoing maintenance and upkeep of the Project is estimated to be $34,000 annually and will be budgeted by the appropriate City departments beginning Fiscal Year 2007-2008.

Staff recommends that the City Council adopt the proposed resolution to: 1) approve the proposed Design Plans for the Lake-Alameda Landscaped Access Path Project; 2) approve a Professional Services Agreement between the City and David Evans and Associates for $150,000 for construction management services; and 3) approve the Use Agreement with Los Angeles County Flood Control District for the Lake Alameda Landscaped Access Path Project.

[1] The cost of change orders will be split between the City and the County as follows: the City will pay 52% and the County will pay for 48%. This is equivalent to the proportion the City and County contributed towards the Project costs.

[2] Use of the County�s right-of-way shall be subordinate to the basic flood control, water conservation, and watershed purposes, and shall in no way conflict with these purposes. The County reserves the right to terminate the Agreement, should, in their opinion, there develop a substantial incompatibility between the City�s permitted use and the County�s uses for flood control and water conservation, watershed management, utility, or transportation purposes, arising from any cause whatsoever.

[3] The City�s coverage will be in the amount of not less than $5,000,000, per occurrence, as required by the County and approved by the City.

[4] The City will pay for 52% of the cost overruns; this is equivalent to the proportion the City contributed towards the Project.

[5] The County will pay for 48% of the cost overruns; this is equivalent to the proportion the County contributed towards the Project costs.

Council Agenda - City of Burbank

Tuesday, April 17, 2007

Susan M. Georgino, Community Development Director