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 Legal Counsel � Existing Litigation:
Pursuant to Govt. Code �54956.9(a)
Name of Case:  Dresser v. City of Burbank
Case No.:  EC040122
Brief description and nature of case: Trip and fall at the Starlight Bowl.  

b.      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:   Burbank Firefighters Association.
Summary of Labor Issues to be Negotiated:  Contracts and Retirement Issues.

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:  

RECOGNITION:                    GIRLS BASKETBALL TEAMS.

PROCLAMATION:               CHILDHOOD CANCER AWARENESS WEEK.  

PRESENTATION:                2007 ROSE PARADE FLOAT RENDERING.

Recommendation:

Receive report.  

6:30 P.M. PUBLIC HEARING:  

2.      ORDERING THE FORMATION OF OLIVE AVENUE UNDERGROUND UTILITY DISTRICT NO. 1 AND THE REMOVAL OF ALL POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES LOCATED THEREIN:  

Staff is requesting the Council adopt a resolution ordering formation of the Olive Avenue Underground Utility District No. 1 (UUD No.1) and the removal of all poles, overhead wires and associated overhead structures located therein  The Council has directed staff to:  leverage its $360,000 per year within the Burbank Water and Power (BWP) budget for aesthetically-driven undergrounding; identify view corridors along major streets where undergrounding would have maximum impact; and, use the mechanism of UUDs so that other utilities must underground their lines when the City undergrounds its utilities� overhead lines.  Staff has identified two street segments where undergrounding would have a strong visual impact:  Olive Avenue, including curbs and sidewalks, from 30 feet west of the Western Flood Control Channel (near Flower Street) to 30 feet west of Victory Boulevard; and, Lake Street, including curbs and sidewalks, from 20 feet south of Olive Avenue to Magnolia Boulevard.

 On May 30, 2006, the Council adopted Resolution No. 27,250, which approved the Map and Report of the Public Works Director for proposed UUD No. 1; and, Resolution No. 27,251, which gave notice of its intention to create and form UUD No. 1, directed that required notices be posted and published, and set a Public Hearing for June 20, 2006.   

The City and three communications utilities, AT&T, Charter Communications and Verizon, will be undergrounding their lines within UUD No.1.  The utilities agreed to use joint trenching to reduce construction costs and to seek competitive bids for the substructure installation (duct banks, pull boxes, maintenance vaults) under the City�s purchasing rules and procedures.  Also, each utility would do its own cable and customer connection work at its own expense; and, remove its own overhead conductors and related facilities, except that BWP would remove any jointly-owned poles.  

BWP and the utilities also agreed to divide the undergrounding work into two phases that span a total of three years (June 20, 2006 to May 30, 2009):  Phase 1 would include all street segments except Lake Street north of Orange Grove Avenue; and, Phase 2 would be along Lake Street from Orange Grove Avenue to Magnolia Boulevard, and would include any underground work in Magnolia Boulevard itself.  This phased approach would spread the cost over the next three Fiscal Years (2006-07, 2007-08 and 2008-09) and would allow BWP to better coordinate UUD No. 1 undergrounding activities with its station construction activities.

The estimated costs for Phase 1 and Phase 2, from detail design through street restoration and removal of overhead facilities, breakdown by utility as follows:

Because the extent of joint trenching is yet to be determined, current cost estimates do not reflect joint trenching.

Staff finds that:  forming UUD No. 1 would not have an adverse impact on BWP (Fund 496). The electrical undergrounding work would be funded within BWP�s existing funding for aesthetic undergrounding, supplemented by previously-identified capital improvement activities;  

Forming UUD No. 1 would not have an adverse impact on the City�s Street Lighting Fund (Fund 129). The street lighting undergrounding work would be funded within the existing funding for street lighting; 

Forming UUD No. 1 would not have an adverse impact on the General Fund, including the Public Works Department.  The affected utilities would bear the costs of street restoration because the affected street segments were not scheduled for resurfacing;  

Forming UUD No. 1 would have minimal adverse impact on directly-affected customers, as they would not have to bear the costs of conversion to underground service; and,  

Forming UUD No. 1 enables the City to leverage BWP�s planned capital improvement activities into an opportunity to beautify highly-visible segments of the Olive Avenue and Lake Street corridors.  

Recommendation:

Adoption of proposed resolution entitled:
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING FORMATION OF OLIVE AVENUE UNDERGROUND UTILITY DISTRICT NO. 1 AND THE REMOVAL OF ALL POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES LOCATED THEREIN.

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 action items on the agenda 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.