PURPOSE:

The purpose of this report is to revisit the guidelines and criterion for the issuance of park permits for commercial uses on City owned property, to amend Article IX of Resolution No. 26,737; the Burbank Fee Resolution relating to parks and recreation Fees, and to amend section 5-802, 5-804, and 5-805 of the Burbank Municipal Code establishing the time deadlines for Park facilities use permit applications and establishing the permit appeals process for recreational and commercial use permits.  

BACKGROUND:

On May 18, 2004 staff presented a report (Attachment I) to City Council concerning the use of public facilities by commercial entities without authorization.  As a result, City Council adopted �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� (Attachment II).

City Council directed staff to take this issue back to the Park, Recreation & Community Services Board (PRCS 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. 

At the June 10, 2004 PRCS 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, comprised of two PRCS 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 PRCS Board Meeting. The PRCS Board made recommendations to the guidelines for Issuance of Park Permits for Commercial Uses on City Owned Property pursuant to BMC Section 5-801.1.

DISCUSSION:

On August 17, 2004 the updated report with the PRCS Board�s recommendations, was presented to City Council (Attachment III). As a result of this meeting, City Council directed staff to augment and alter the proposed criteria by limiting the length of time an individual permit could be issued, redesign the appeal process, and develop an administrative fee for a re-issue of a permit whose activity had no adverse effect on the surrounding community or negative impacts on other uses of the facility.

To limit the length of time an individual permit can be issued, staff as augmented the Guidelines for Issuance of Park Permits (Attachment IV). A stipulation was added to the criteria in Section 8 which limits the length of any permit to a maximum of ninety (90) days.

In response to redesigning the appeal process, staff has attached three appeal options (Attachment V, Attachment VI and Attachment VII). The first, which is staff�s recommendation, has the appeal going to the PRCS Board. Since they meet on a monthly basis this would require more time, however, it would be an opportunity for a public forum. If requested, the next level of appeal would be the City Council.  The second option would initially be to the Appeals Board which is described in BMC, Article 8 Use of Park Facilities, Section 5-805 Appeals.   Their ruling could also be appealed to the City Council.  This methodology is not as �public�, however, it would require less time.  The third option would be to appeal directly to City Council.

As a result of altering the appeal process, the length of time the Director shall act upon the application was extended to 14 days (Section 10, Permit Rejection Notice).  This will allow for a public notice period utilizing a newspaper advertisement and, if desired, a mailing to potentially affected residents.  Also due to the appeal process, in Section 12 it was necessary to extend the length of time to state, �use permits shall be submitted no sooner than 110 days and no later than 45 days prior to the date of the proposed event�. City Council also requested that the definition of �interested party� be expanded to include individuals who would be directly impacted by the proposed permitted activity (Attachment VI, VII, and VIII 5-804(c)).

The changes to the proposed Fee Resolution relating to Parks & Recreation Fees presented to City Council on August 17, 2004 were:

• To correct the resident/non-residential standard application fee ($10.00 instead of $5.00) (this was approved in FY 02-03, Resolution No. 26,258)

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

• Add commercial group 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).

It was City Council�s desire to add a reduced fee for re-issuance of an existing permit if there were no written complaints or adverse impacts on other uses of the facility (Attachment VIII). The proposed re-issuance fee is $20.00.

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.  Staff and the PRCS 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. 

In addition, there will be costs associated with the public notice of the requested permit and the appeals process.

RECOMMENDATION:

It is staff and the PRCS Board�s recommendation that City Council approve the Guidelines for Issuance of Park Permits for Commercial Uses on City Owned Property.  In addition, staff recommends approving the amended Fee Schedule pursuant to Burbank Municipal Code (BMC) Section 5-801.1. 

Also, staff recommends City Council adopt 5-802, 5-804 and 5-805 of the Burbank Municipal Code establishing the time deadlines for Park Facilities use permit application, redefine �interested party� as it relates to the permit appeal process for commercial and recreation permits, and establishing the permit appeals process for recreation and commercial use permits.  Staff is recommending that the appeal process be initiated through the Park, Recreation and Community Services Board.  If requested, the permit application could be further appealed to City Council.

Attachments:

Attachment I � 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 II �  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 III �  August 17, 2004- Updating City Council on Section 5-801.1 and approving the amendment of Article IX of the Fee Resolution

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

Attachment V � Amending Section 5-802, 5-804, and 5-805, Appeal Process includes PRCS Board

Attachment VI � Amending Section 5-802, 5-804, and 5-805, Appeal Process includes Appeals Board

Attachment VII � Amending Section 5-802, 5-804, and 5-805, Appeal Process going directly to City Council

Attachment VIII � Fee Resolution

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