PURPOSE:

The purpose of this report is to update City Council on the adopted ordinance Section 5-801.1 (Attachment I) to the Burbank Municipal Code (�BMC�) banning private commercial or revenue producing activities on city owned public property without express authorization through the issuance of proper permits; and establishing a general statement of policy and criterion to implement this procedure. 

BACKGROUND:

At the May 18, 2004 City Council meeting �An Ordinance of the Council of the City of Burbank adding section 5-801.1 of the Burbank Municipal Code Banning Commercial Activity on City Owned Property Without Proper Permits� was approved. 

City Council directed staff to take this issue back to the Park, Recreation & Community Services Advisory Board (�Park Board�) to establish a general statement of policy and criteria to best serve the recreation needs of every person who desires to lawfully utilize public park facilities, recreation areas and/or city owned property. 

Attached is the May 18, 2004 Staff Report which elaborates on this issue (Attachment II).     

DISCUSSION:

At the June 10, 2004 Park Board meeting staff was directed to work with a subcommittee on recommending guidelines for issuance of Park Permits for Commercial Uses on City Owned Property. The subcommittee, composed of two Park Board members, met with staff on June 28, 2004 and made recommendations to the guidelines. Some examples include:

• Impact on Neighborhoods

• Impact on the surrounding area

• Is the proposed commercial activity in the public�s interest

• Adverse impacts of the activity upon the general public and upon park facilities

• Is the type of commercial activity consistent with a recreational use or a use typically permitted in park facilities

The subcommittee�s recommendations were discussed in detail at the July 8, 2004 Park Board Meeting. The Park Board�s recommendations to the guidelines for Issuance of Park Permits for Commercial Uses on City Owned Property pursuant to BMC Section 5-801.1 are included in Attachment III.

The Fee Resolution relating to Parks & Recreation Fees has been altered and expounded:

• To correct the resident/non-resident standard application fee ($10.00 instead of $5.00) (this was approved in FY 2002-2003, Resolution No. 26,258)

• Add a non-resident fee for groups larger than 500

• Add commercial groups use fees

• Add a non-refundable application fee of $185.00

• Add any direct staffing costs as determined by the Director or his designee 

In addition there are some minor changes relating to descriptive terms (i.e. changing fees for group picnics to group activities). 

FISCAL IMPACT:

It is anticipated a permit procedure will generate additional revenue from the collection of permit fees pursuant to the approved �BMC� Section 5-801.1, and Fee Resolution (Attachment IV).  Staff and the Park Board have recommended the fee to include, but not be limited to costs to the City to administer the permit system, number of hours of use, any out-of-pocket costs to the City and unusual wear and tear on the facility/site/location as a result of the proposed activity usage. 

RECOMMENDATION:

It is staff and the Park Board�s recommendation that City Council approve the Guidelines for Issuance of Park Permits for Commercial Uses on City Owned Property and the recommended Fee schedule pursuant to Burbank Municipal Code (BMC) Section 5-801.1. 

ATTACHMENTS:

Attachment I � Ordinance No. 3639 - an Ordinance of the Council of the City of Burbank Municipal Code Banning Commercial Activity on City Owned Property without Proper Permits

Attachment II �  May 18, 2004 Staff Report � Adding Section 5-801.1 of the Burbank Municipal Code, Banning Commercial Activity on City Owned Property without Proper Permits

Attachment III � Guidelines for Issuance of Park Permits on City Owned Property Pursuant to Burbank Municipal Code 5-801.1

Attachment IV � Fee Resolution

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