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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:

JOINT MEETING WITH THE CITY COUNCIL AND REDEVELOPMENT AGENCY:

1.      THE COLLECTION PROJECT � APPROVAL OF FINAL MAP AND RELATED AGREEMENTS:

The purpose of this report is to request the Council, Redevelopment Agency Board (Board) and Parking Authority consider Final Map No. 62742 and various documents related to the Collection Project.

On November 23, 2004, the Council and Board approved an Amended and Restated Owner Participation Agreement (OPA) with Champion Development, Inc.; a Second Implementation Agreement to the OPA with Burbank Entertainment Village, LLC-AMC; and, other documents relating to the proposed development of the Phase II site of the Burbank Entertainment Village Project by Burbank Collection, LTD., a California limited partnership formed by Champion Development, Inc.

Under the Champion OPA, the Developer is required to purchase the Phase II site from Burbank Entertainment Village, LLC (AMC) contingent upon the simultaneous closing of approved bonds to help finance the Phase II parking structure.  The Developer is then required to construct a mixed-use project which includes 118 residential units, approximately 40,000 square feet of commercial uses and a six-level parking structure on the Phase II site.  The parking structure will consist of parking spaces required for the residential condominium and commercial components of the project and 278 public parking spaces.

In preparation for the close of escrow and start of construction, various legal and construction-related documents are required for the implementation of the project and subsequent sale of the public parking component to the City.  These agreements are summarized as follows:

Reciprocal Easement and Shared Maintenance Agreement.  This is an agreement between the City and Burbank Collection, Ltd. which describes the responsibilities of both parties regarding the joint use, operation, management and maintenance of the Phase II parking structure upon its completion. 

Subdivision Improvement Agreement.  Final Map No. 62742 authorizes the subdivision of the Collection at Downtown Burbank Project, previously approved as Planned Development No. 2003-2, into condominium units.  The map subdivides the project into five modules, including; a residential component; commercial component; public and private parking components; and, common area.  The map shall have a maximum of 118 residential condominium units.  Pursuant to the Burbank Municipal Code (BMC) Section 27-323, (approval of Tentative Map for Condominiums by the Director of Community Development) the Vesting Tentative Tract Map was approved on April 21, 2005. In order for Final Tract Map No. 62742 to be approved (prior to start of construction for the Phase II project), the Council must find that all conditions of the tentative map have been substantially met.  Since all of the conditions, except for public improvements, have been substantially met, a Subdivision Improvement Agreement is required. Burbank Collection, Ltd. (as the new property owner) must enter into a Subdivision Improvement Agreement with the City and deliver a bond in an amount as determined by the Public Works Director to guarantee the completion of all off-site improvements placed on this development (BMC 27-604).  The bond amount is estimated at $517,634.

Right of Entry Agreement (Six Spaces in the Orange Grove Structure).  In order to help facilitate the timely construction of the Phase II parking structure, Burbank Collection, Ltd. is proposing to utilize six parking spaces in the lower level of the Orange Grove parking structure until the Phase II parking structure is completed.  These spaces would be fenced off, secured and used for the storage of tools and other smaller items that would otherwise need to be carried to the site from off-site parking areas.  This agreement between the Parking Authority and Burbank Collection, Ltd. will terminate upon the completion of the Phase II parking structure.

Encroachment Agreement (First Street Construction Staging).  During the construction of Phase II improvements, the developer proposes to utilize three travel lanes on First Street as a construction staging area (approximately 70-72 feet wide) including the location of the construction trailer. The developer will also utilize the sidewalk area (along First Street) located adjacent to the site.  This has been identified as the only available area for staging adjacent to the construction site since there are existing improvements surrounding the remaining portions of the project.   Since this work will involve the temporary closure of portions of First Street and adjacent sidewalk area, the developer is required to enter into an Encroachment Agreement with the City for this purpose. 

Leases for 57 East Palm and Lot O (Construction Storage and Staging). This involves two separate lease agreements between Burbank Collection, Ltd., the Parking Authority and Redevelopment Agency which allows the developer to utilize Agency-owned property located at 57 East Palm Avenue and Lot O, a City-owned parking lot located at 30 East Palm Avenue (along Interstate 5 at the end of Palm Avenue) for construction-related office, design and staging uses as well as limited parking for construction trade workers. The Agency-owned property located at 57 East Palm Avenue is 7,750 square feet and is currently improved with a 3,000 square foot storage building. It would be leased to the developer for $2,325 per month.  The City-owned property (parking Lot O) is currently striped for 13 parking spaces and would be used by the developer for limited construction parking only.  This property would be leased to the developer for $1,530 per month.  Both lease rates are based on the cost of an encroachment permit at one cent per square foot of land area per day since these areas are being used by the developer based on the limited availability of construction staging and storage area located adjacent to the project site.  These lease rates are within fair market value and the lease agreements would terminate upon the completion of construction.

Tie Back Agreement (Construction Shoring). The developer is requesting the right to construct tie-backs to shore the Phase II property during construction.  Although shoring (i.e. excavation, soldier piles, lagging, walls, waterproofing, foundation drains, sumps and backfill) is planned to lie completely within the Phase II property, shoring ties to stabilize the work will be required to be drilled beneath adjacent properties. This work requires a joint agreement between Burbank Collection Limited, Ltd., the City and Parking Authority.

Preservation of Rights Agreement (AMC).   Once Burbank Entertainment Village, LLC (AMC) sells the Phase II site to Burbank Collection, Ltd., the existing parking and signage rights AMC currently has in the Orange Grove parking structure under the 1991 Parking Easement Agreement automatically transfer to Burbank Collection, Ltd., who will also become responsible for the payment of the proportional share of maintenance costs formerly paid by AMC.  Therefore, an agreement between Burbank Entertainment Village, LLC (AMC) and the Parking Authority is proposed which allows AMC to continue to retain existing parking and signage rights in the Orange Grove parking structure and to pay towards the annual maintenance costs within this structure.

Parking Maintenance Agreement (Champion).  This is an agreement between Burbank Collection Ltd. and the Parking Authority regarding the developer�s responsibilities for parking maintenance costs for its proportional share of parking spaces under the 1991 Parking Easement Agreement for the Orange Grove parking structure during the construction of the Phase II project. 

Orange Grove Parking Structure Easement.  The developer proposes at-grade vehicular and pedestrian access to the Phase II parking structure through the existing Orange Grove parking structure and in the area located directly between the two parking structures which will also be improved.  This requires an agreement between the Parking Authority and Burbank Collection, Ltd. which provides easements for pedestrian and vehicular access for this purpose. 

Implementation of the Collection Project also involves items related to title, the assignment of the Phase II parking structure to the Parking Authority and early use of the Phase II parking structure by the public once the Phase II parking structure is completed.

These agreements are required to implement the provisions approved under the Champion OPA and do not represent a cost to the City or Agency.  However, it is anticipated that the City and Agency will receive approximately $1,530 (Parking Lot O) and $2,325 (57 East Palm Avenue) in monthly rent revenues, respectively, from the lease of nearby properties to be used by the developer for construction storage and staging for approximately 27 months.

Recommendation:

Adoption of proposed Redevelopment Agency resolution entitled:

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK APPROVING THE LEASE AGREEMENT BETWEEN THE AGENCY AND BURBANK COLLECTION LTD (57 EAST PALM AVENUE).

Adoption of proposed Parking Authority resolution entitled:

A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF BURBANK APPROVING CERTAIN CONSTRUCTION RELATED AGREEMENTS WITH BURBANK COLLECTION, LTD., AND CERTAIN PARKING AGREEMENTS RELATED TO THE ORANGE GROVE PARKING STRUCTURE (133 EAST ORANGE GROVE AVENUE).

Adoption of proposed City of Burbank resolutions entitled:

(4/5 vote required)

1)    A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF BURBANK AND BURBANK COLLECTION LTD (30 EAST PALM AVENUE).

2)    A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING CERTAIN CONSTRUCTION RELATED AGREEMENTS WITH BURBANK COLLECTION, LTD., AND CERTAIN PARKING AGREEMENTS RELATED TO THE NEW PUBLIC PARKING STRUCTURE (COLLECTION PROJECT).

3)    A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING FINAL MAP OF TRACT NO. 62742 AND THE SUBDIVISION IMPROVEMENT RELATED THERETO BETWEEN BURBANK COLLECTION LTD. AND THE CITY OF BURBANK.

RECESS to continue the City Council meeting.

ADJOURNMENT.