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.

 

 

6:30 P.M.

 

 

INVOCATION:                       Reverend Ron White American Lutheran.

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

                                               under the Constitution.

 

FLAG SALUTE:

 

ROLL CALL:

 

 

JOINT PUBLIC HEARING WITH THE CITY COUNCIL:

 

1.      PROPOSED CHILDCARE AND FAMILY RESOURCE CENTER PROJECT CONSIDERATION; AWARD OF CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. R-1190; AND, V-370 - Conditional Vacation of a portion of the alley located at 401 North Buena Vista Street:

 

The purpose of this report is to: 1) provide information for project consideration; 2) provide information related to Bid Schedule No. R-1190 (Old Buena Vista Library � Children�s Center/Resource Center); and, 3) provide information on alley vacation V-370; all for the proposed reuse of the former Buena Vista Library as a childcare and family resource center.

 

Since the opening of the new Buena Vista Library, extensive analysis has been conducted on land re-use opportunities for the former Buena Vista Library site.  A variety of land uses were identified and analyzed, including: a community room; senior center; community arts center; performing arts center; new residential development; and, a childcare facility.  Various factors were considered during the land use analysis phase, including: minimum required building and lot size; parking requirements; neighborhood compatibility; and, the benefits of the City retaining ownership of the property.  Most of the proposed uses were deemed inappropriate for the site considering the size of the site and neighborhood compatibility.  After additional analysis, two land use options were presented to the Council that were determined to be compatible with the single-family nature of the neighborhood, and that could be accommodated by the site and/or existing building: 1) single-family residential; and, 2) re-use of the existing building for a childcare facility.

 

On February 3, 2003, the Council directed staff to hold a general community meeting with special notification to the neighborhood to get feedback on these two land use options, and any other ideas the community had for the site.  The community meeting was held on Saturday, May 31, 2003.  There were two primary messages that staff received from the community: 1) the City should keep the existing building; and, 2) use the building for some type of community use based on need (possibly a mix of uses). Based on that feedback and the general understanding of the need for more childcare in the community, staff proposed to the Council that the former Buena Vista Library site be used as a childcare facility.  The site is appropriately located for a childcare center (in close proximity to the Media District employment center and in a residential neighborhood), and has good vehicular access with good on-site circulation.  In addition, the building has a scale that is compatible with the residential nature of the neighborhood.

 

In July 2003, the Council and Redevelopment Agency Board (Board) authorized staff to finalize plans for a childcare facility and asked staff to include a family resource center component.  In addition, the Council and Board requested that staff meet with the community to develop plans for a proposed childcare and family resource center, and address any concerns of the community including:  impact to Frederic Street with additional traffic; the need for a buffer along the perimeter of the site; and, the security of the playground areas.

 

Pursuant to this direction, staff has completed several components of the project: 1) held three community design meetings to develop and refine plans for a childcare and family resource center (nearly a 12-month phase); 2) conducted a childcare needs assessment to confirm the future need of childcare in the community (which tracked simultaneously with the community outreach phase); 3) met regularly with the City�s Childcare Committee to discuss and refine plans on an on-going basis; 4) worked with the Knowledge Learning Corporation, a nationally-acclaimed childcare operator, to get feedback from an operations point of view on the proposed plans; 5) met with representatives of the State Licensing Board to get feedback on the proposed plans; 6) toured several childcare facilities in the City and other areas to assist with finalizing plans; 7) received Planning Board land use approvals for the proposed childcare and family resource center; 8) prepared construction plans and went through the formal plan check process; and, 9) completed the bid process for the rehabilitation of the former library as a childcare and family resource center.  The bid opening was held in July 2005.

 

On July 26, 2005, the Council adopted a Resolution of Intention to Vacate, declaring its intention to consider the vacation of the subject alley and setting the public hearing date for August 23, 2005.  The alley vacation is required in order to accommodate the required play yard at the rear of the building for the proposed childcare facility.  The proposed vacation of the alley would only become effective if the project occurs.  All appropriate City departments and outside utility companies have reviewed the proposed vacation, including the Fire, Police and Public Works Departments, Pacific Bell, Charter Cable, The Gas Company, the Los Angeles County Department of Public Works and the Metropolitan Water District.  The proposed vacation is conditioned in accordance with their responses.  Since the development of the property is not feasible with all the utility reservations, staff has confirmed that all utility companies are agreeable to the relocation of their facilities as part of the project expense.  Staff has been in discussions with Burbank Water and Power, Charter Communications and SBC Communications on the coordination of utility undergrounding.  All procedures for routing the application for comment, notification mailing, setting and publication of public hearing, and posting at the proposed areas of the proposed vacation were performed in accordance with the Burbank Municipal Code and the State Streets and Highways Code.

 

Furthermore, staff recommends the Council and Board enter into a cooperation agreement that would allow the City to retain ownership of the site and allow the Redevelopment Agency (Agency) to fund and complete the rehabilitation of the former Buena Vista Library site as a childcare and family resource center.  Health and Safety Code (HS) Section 33445 requires that the Council find that: 1) the use of Agency funds outside a redevelopment project area is of benefit to the project area funding the improvement; 2) there is no other reasonable means of financing the improvements; and, 3) the elimination of one or more blighting conditions in the project area is served or provide housing for low or moderate-income persons.  All required findings have been made.

 

Staff recommends that the Council and Board approve the reuse of the former Buena Vista Library as a childcare and family resource center.  The plans have been developed with input from the community and City departments.  There is a clear, unmet childcare need in the community, and there are available Agency funds to complete the project.  Furthermore, the proposed childcare and family resource center assists in meeting the Agency�s primary purpose of blight elimination through measures that support economic development, and by providing community-serving facilities that support the revitalization of the project areas and focus neighborhoods.

 

Recommendation:

 

Adoption of proposed City Council resolutions entitled:

1.    A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE CONDITIONAL VACATION OF A PUBLIC ALLEY ADJACENT TO THE FORMER BUENA VISTA LIBRARY (V-370).

 

2.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK CONSENTING TO THE REDEVELOPMENT AGENCY EXPENDITURE FOR CERTAIN PUBLIC IMPROVEMENTS FOR THE CHILDCARE AND FAMILY RESOURCE CENTER PROJECT AT THE FORMER BUENA VISTA LIBRARY AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT WITH THE AGENCY.

 

Adoption of proposed Redevelopment Agency resolution entitled:

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK AMENDING FISCAL YEAR 2005-2006 BUDGET, AWARDING A CONSTRUCTION CONTRACT, AND APPROVING A COOPERATION AGREEMENT FOR THE CHILDCARE AND FAMILY RESOURCE CENTER PROJECT AT THE FORMER BUENA VISTA LIBRARY (BID SCHEDULE NO. R-1190).

 

 

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 meetings of October 26, November 2, November 9, November 16, November 23, December 7, December 14, 2004, January 11, February 1, February 15, March 1, March 8, March 22, and March 29, 2005.

 

Recommendation:

 

Approve as submitted.

 

 

3.         Authorizing the engagement of Cox, Castle & Nicholson LLP for environmental legal assistance related to the Empire Interchange project and approving the execution of a Cooperation Agreement between the City and the Redevelopment Agency:

 

The purpose of this item is to request the Council and Redevelopment Agency Board to: 1) authorize the City Attorney to hire Cox, Castle & Nicholson LLP for environmental legal assistance related to the Empire Interchange project; and, 2) approve a Cooperation Agreement between the Redevelopment Agency (Agency) and the City which allocates the payment of such legal fees between the two separate legal entities.

 

As part of the Empire Center entitlements, Zelman Retail Partner, Inc. (Zelman) is obligated to dedicate a portion of its property (approximately two acres) to the City, which will be used for the Empire Interchange project, a California Department of Transportation (Caltrans) construction project. At the time of the execution of the development agreement, Lockheed�s Vapor Extraction System (VES) was expected to have been completed and removed from the dedicated property area.  Unfortunately, it remains in operation and the actual infrastructure of the VES is physically inconsistent with the proposed street improvements/freeway improvements.

 

Because of the unanticipated issues related to the VES and other soil-related matters coupled with the strict time schedule of the Caltrans project, the City Attorney�s Office desires to engage the legal services of Cox, Castle & Nicholson LLP, primarily Robert Doty, a partner of the firm, to assist in legal matters related to environmental issues. Such work will include assistance in the investigation and planning for the environmental cleanup work (if necessary) in conjunction with certain roadway and interchange improvements to be constructed at Empire Avenue and the Interstate 5 freeway. Payment of these services shall not exceed $40,000, and the costs shall be allocated between the City and the Agency pursuant to a Cooperation Agreement.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK AUTHORIZING THE ENGAGEMENT OF COX, CASTLE & NICHOLSON LLP FOR ENVIRONMENTAL LEGAL ASSISTANCE RELATED TO THE EMPIRE INTERCHANGE PROJECT AND APPROVING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF BURBANK AND THE REDEVELOPMENT AGENCY.