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 Labor Negotiator:

Pursuant to Govt. Code �54957.6

Name of the Agency Negotiator:  Management Services Director/Judie Sarquiz.

Name of Organization Representing Employee:  Represented: Burbank City Employees Association, Burbank Management Association, International Brotherhood of Electrical Workers; Unrepresented, and Appointed Officials.

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.

 

 

5:30 P.M.

 

 

INCLUSIONARY HOUSING AND DENSITY BONUS STUDY SESSION:

 

The purpose of this report is to inform the Council of details regarding two proposed ordinances that will be presented within a few months.  One ordinance is the inclusionary housing (also called inclusionary zoning) ordinance, which is being prepared pursuant to Council direction and would require developers of new residential projects to include affordable units within the development.  The other is the density bonus ordinance which codifies State law.  The ordinances include implementing regulations which have not yet been presented to the Council.  Also, an updated in-lieu fee study has been completed.  This study session seeks the Council�s input on implementing the regulations, or more specifically, the concessions to be offered to developers and the in-lieu fee study.

 

Recommendation:

 

Staff recommends Council direction to continue processing the Zone Text Amendments for inclusionary housing and density bonus, and determine whether any changes are needed to the concessions list or in-lieu fee study.

 

 

                                                                      6:30 P.M.

 

 

INVOCATION:                       Sally Kinarthy, Unity Church of Burbank and North Hollywood.

                                                The Courts have concluded that sectarian prayer as part of City

                                                Council meetings is not permitted under the Constitution.

 

FLAG SALUTE:

ROLL CALL:

 

 

ANNOUNCEMENT:             DARK MEETING ON NOVEMBER 29, 2005.

 

 

COUNCIL COMMENTS: (Including reporting on Council Committee Assignments)

 

INTRODUCTION OF ADDITIONAL AGENDA ITEMS:

At this time additional items to be considered at this meeting may be introduced.  As a general rule, the Council may not take action on any item which does not appear on this agenda.  However, the Council may act if an emergency situation exists or if the Council finds that a need to take action arose subsequent to the posting of the agenda.  Govt. Code �54954.2(b).

 

 

AIRPORT AUTHORITY MEETING REPORT:

 

1.      AIRPORT AUTHORITY COMMISSIONER REPORT:

 

At the request of the Burbank representatives to the Airport Authority, an oral report will be made to the City Council following each meeting of the Authority.

 

The main focus of this report will be issues which were on the Airport Authority meeting agenda of November 21, 2005.  Other Airport-related issues may also be discussed during this presentation.

 

Recommendation:

 

Receive report.

 

 

6:30 P.M. PUBLIC HEARING:

 

2.      2005 UPDATE OF THE URBAN WATER MANAGEMENT PLAN:

 

Burbank Water and Power has prepared an Urban Water Management Plan for 2005, as required by the California Urban Water Management Planning Act.  The Act also requires this public hearing and formal adoption of the Plan by the City.  Once adopted, the Plan is then submitted to the California Department of Water Resources.

 

The Urban Water Management Plan includes evaluations of historical and future water supplies and demands, and the reliability of the supplies.  It also describes water conservation activities, water recycling and preparation for water shortages.

 

The Burbank Water and Power Board considered the 2005 Urban Water Management Plan at its November 17, 2005 meeting.    

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING URBAN WATER MANAGEMENT PLAN 2005.

 

 

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.

 

Once an individual is requested to leave the Council Chamber by the Mayor, that individual may not return to the Council Chamber for the remainder of the meeting.  BMC �2-216(b).

 

Individuals standing in the Council Chamber will be required to take a seat.  Also, no materials shall be placed in the aisles in order to keep the aisles open and passable.  BMC �2-217(b).

 

Your participation in City Council meetings is welcome and your courtesy will be appreciated.

 

COUNCIL AND STAFF RESPONSE TO INITIAL OPEN PUBLIC COMMENT PERIOD OF ORAL COMMUNICATIONS:

 

 

AGENDA ITEM ORAL COMMUNICATIONS:  (Four minutes on Action Agenda items only.)

 

COUNCIL AND STAFF RESPONSE TO AGENDA ITEM ORAL COMMUNICATIONS:

 

 

CONSENT CALENDAR: (Items 3 through 8)

 

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.

 

3.      MINUTES:

 

Approval of minutes for the regular meeting of October 25, 2005.

 

Recommendation:

 

Approve as submitted.

 

 

4.      ESTABLISHING THE SPECIFICATION FOR THE CLASSIFICATION OF PROJECT ACCOUNTING MANAGER/BURBANK WATER AND POWER:

 

The Finance and Administration Division of Burbank Water and Power (BWP) is undergoing reorganization partly due to the Magnolia Power Plant (MPP) project.  The MPP, which broke ground in June 2004, is a multi-agency project, including the cities of Anaheim, Cerritos, Colton, Glendale and Pasadena.  In light of the Department�s long-range goals and the large scope of this project, it has become necessary to establish a position to meet the accounting, budgeting and reporting requirements of this on-going project.

 

This classification will be subject to Civil Service Rules, exempt from the Fair Labor Standards Act, and will be included in the City�s Conflict of Interest Code.  The Burbank Management Association will represent this classification and has been advised of this establishment.  The Civil Service Board reviewed and approved the establishment of this classification at their regular meeting on November 2, 2005.

 

The salary for Project Accounting Manager/BWP will be set at $5,867 - $7,128 per month.  This salary is comparable to the position of Financial Analyst/BWP.  This position will be funded through the MPP project budget.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING THE TITLE AND SPECIFICATION FOR THE CLASSIFICATION OF PROJECT ACCOUNTING MANAGER/BWP (CTC No. 0688) AND PRESCRIBING CLASSIFICATION CODE NUMBER, SALARY AND SPECIFICATION THEREOF.

 

 

5.      ABOLISHING INACTIVE TITLES AND SPECIFICATIONS:

 

The City annually reviews its list of titles and specifications in an effort to abolish old and inactive classifications from the current files.  There are several titles up for abolishment this year due to reorganizations and other changes within departments. The affected departments have reviewed and approved the titles and specifications listed for abolishment.  The specifications, although abolished, will remain in the City�s historical files for use in the future should the need arise.  The removal of the old and inactive titles and specifications from the current files and computer programs will increase the City�s operational efficiency.  

 

There is no fiscal impact from the abolishment of these titles and specifications.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE CLASSIFICATION, PAY PLAN AND CONFLICT OF INTEREST CODE BY APPROVING THE ABOLISHMENT OF CERTAIN JOB TITLES AND SPECIFICATIONS.

 

 

6.      GLENDALE TRAFFIC-RELATED ELECTRICAL DEVICES MAINTENANCE AGREEMENT:

 

Staff is requesting Council approval of an agreement to continue providing traffic-related electrical devices maintenance to the City of Glendale for a period of two years beginning October 1, 2005.

 

In 1991, the cities of Burbank, Glendale, Pasadena and La-Canada-Flintridge investigated the possibilities of making more efficient use of their resources.  Burbank and Glendale decided that their level of service and efficiency could be enhanced by jointly maintaining their traffic signals to reduce the overhead costs of personnel and equipment.

 

Burbank has provided traffic signal maintenance for Glendale since February 1993, in accordance with an initial seven-year agreement approved by the City Councils of Burbank and Glendale in October 1992.  The maintenance agreement was renewed for an additional three years in September 2000 and another two years in September 2003.  The current two-year agreement expired on September 30, 2005. 

 

The proposed maintenance agreement provides for ordinary and extraordinary maintenance of 214 Glendale traffic signals, six flashing beacons and 36 in-roadway warning light systems.  Burbank�s crews will also complete routine inspection services for 14 closed circuit television (CCTV) cameras, and 17 trailblazer signs, but full maintenance of these new devices is provided by the manufacturer. 

 

A number of changes have been incorporated into the proposed agreement that reflect the changing maintenance needs and requirements of both communities including agreement term, type of maintenance services and maintenance manpower allocated to Glendale.

 

Glendale has agreed to an initial annual payment of $504,000 ($42,000 per month) for ordinary traffic signal maintenance services, plus 10 percent for administrative overhead.  Any remaining credit or debit balance for these services will be credited or paid at the end of each fiscal year. 

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE BURBANK-GLENDALE TRAFFIC-RELATED ELECTRICAL DEVICES MAINTENANCE AGREEMENT BETWEEN THE CITY OF BURBANK AND THE CITY OF GLENDALE.

 

 

7.      AWARDING A CONSTRUCTION CONTRACT FOR BID SCHEDULE NO. 1144, MAGNOLIA BOULEVARD IMPROVEMENT PROJECT:  STPL-5200(018):

 

Staff is requesting Council approval of contract documents and award of a construction contract for Bid Schedule No. 1144, Magnolia Boulevard Improvement Project.  This project provides for street resurfacing, removal and reconstruction of curbs, gutters, sidewalks, driveways and pedestrian ramps on Magnolia Boulevard from Keystone Street to Clybourn Avenue.

 

Bid Schedule No. 1144 was advertised for bids on September 21 and 24, 2005.  On October 18, 2005, eight contractors submitted bids ranging from $1,245,080 to $1,698,655.  Griffith Company of Santa Fe Springs, California, submitted the lowest bid, which is 19.8 percent above the engineer�s estimate of $1,039,038.  This contractor has previously performed work similar to the scope of work in this project for other municipalities with satisfactory results.  Construction of this project is planned to occur between January and March 2006.

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND ADOPTING CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS, AND DETERMINING THE LOWEST RESPONSIBLE BIDDER, ACCEPTING THE BID, AND AUTHORIZING EXECUTION OF A CONTRACT FOR THE MAGNOLIA BOULEVARD IMPROVEMENT PROJECT:  STPL-5200(018) TO GRIFFITH COMPANY, BID SCHEDULE NO. 1144.

 

 

8.      APPROVAL OF A THREE-YEAR EXTENSION OF webTRADER SERVICE AGREEMENT BETWEEN THE CITY AND OPEN ACCESS TECHNOLOGY INTERNATIONAL, INC.:

 

Staff requests the Council authorize the General Manager of Burbank Water and Power (BWP) to execute a three-year extension of the webTrader Service Agreement between the City and Open Access Technology International, Inc. (OATI) for energy trading products.  The original OATI Agreement was executed on November 20, 2003, and the BWP Board previously approved the automatic annual renewal.  Approval is sought from the Council as this proposed agreement with OATI is a multi-year agreement. 

 

The OATI products provide for the tracking and recording of energy transactions and provide the necessary functions so that:  trading is properly monitored and recorded; those who have a need for information concerning a transaction will have the information in the event of a transmission or generation outage; and, invoices may be generated or approved for payment based on accurate records.  In 2003, OATI was the successful bidder to implement a Scheduling and Transaction Management System to manage the reporting of daily energy trading by BWP.  The BWP Board previously approved the automatic annual renewal of the OATI Agreement through June 30, 2005. The previous year-to-year agreements were subject to a yearly seven percent increase and prices have been raised by this amount in the past.  This three-year agreement will fix prices over that period at the current prices with no provision for an increase in price and provides for additional training at no charge.

 

By committing to the OATI system, BWP is able to keep its costs at current level, receive three weeks of additional training and be assured of a stable trading platform for three years.  The fixed monthly costs will be $6,000 for the three-year period.   Funding is included in the Fiscal Year 2005-06 budget.  

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING CHANGE ORDER NO. 08 TO THE webTRADER SERVICE AGREEMENT BETWEEN THE CITY OF BURBANK AND OPEN ACCESS TECHNOLOGY INTERNATIONAL, INC. FOR THE PURPOSE OF EXTENDING THE TERM OF SAID AGREEMENT THROUGH AND INCLUDING JUNE 30, 2008.

 

END OF CONSENT CALENDAR           ***            ***            ***

 

 

REPORTS TO COUNCIL:

 

9.      ART INSTALLATION AT THE INTERSECTION OF BURBANK BOULEVARD, VICTORY BOULEVARD AND VICTORY PLACE:

 

At the October 18, 2005 meeting, the Council requested staff bring back a discussion on the potential of developing a gateway public art installation at the intersection of Burbank and Victory Boulevards and Victory Place, formerly known as Five Points.  This item has been placed on the agenda as the first step in the two-step agenda process for additional Council discussion and consideration.

 

Funding for this project can be secured by appropriating a specific amount from either the General Fund or the Public Art Fund.  Public Art Fund policies govern the manner in which projects are brought forward and approved. 

 

Recommendation:

 

Staff recommends that the Council initiate discussion on the matter and direct staff as desired.   

 

 

10.    EXTENSION OF CONTRACT DOCUMENTS FOR THE OPERATION OF BURBANK CENTER STAGE:

 

Staff is requesting Council approval for a 182-day extension of contract documents for the operation of Burbank Center Stage.  On March 28, 2000, the Council approved two resolutions related to contract documents for the operation of Burbank Center Stage.  The terms for both agreements were to commence on the Occupancy Date and expire on the fifth  anniversary of the Opening Day.  The Opening Day was August 26, 2000, therefore the agreements terminated on August 27, 2005.

 

The agreements allowed the City to extend the terms for three separate and successive periods of five years each, upon the same terms and conditions.  However, with the approval from the Park, Recreation and Community Services (PRCS) Board and the Council, the terms could be amended, modified or eliminated.

 

In February 2005, staff received correspondence from the Colony Theater Company (Colony) indicating its intent to initiate its contractual option to renew the second of three separate and successive five-year periods.  Meetings were held and a variety of issues were discussed.  It became apparent that a finalized agreement would not be reached by the August 27, 2005 termination date.  On August 23, 2005, the Council approved a 90-day extension.  It was believed by both parties that this extension would provide adequate time to finalize an effective agreement.  The current contractual agreement terminates on December 1, 2005. 

 

Following the Council�s authorization of the extension, staff and the Colony immediately initiated additional agreement discussions.  During the course of these negotiations, the Colony indicated some concerns regarding their financial status.  A joint meeting including the Colony administrative staff, a representative of the Colony Board of Directors, the City Manager, City Attorney�s Office, and administrative staff from the PRCS Department was scheduled to review and discuss the Colony�s fiscal status.  The meeting focused on the Colony�s proposed program to address its short- and long-range financial issues.  The plan as presented, calls for three phases to enhance revenues through fundraising sponsorships and enhanced subscriptions.

 

At the conclusion of this meeting, representatives from both the Colony and the City determined that at this time, in light of the Colony�s current fiscal condition, it would not be prudent for the City or the Colony to initiate a second five-year agreement.  However, both the City and Colony representatives concurred that an extension of the current agreement through May 31, 2006 would provide the Colony a reasonable time period to initiate its fundraising plan, kick off its annual subscription drive and implement reductions to operational costs.

 

Under the terms of the current agreement, the Colony will be obligated to pay its quarterly rent payments throughout the extension period.  These payments would be equal to $9,000 for the entire six-month extension.

 

Staff is confident that this recommended extension will provide a reasonable time period for the Colony to address its financial position and allow staff and the Colony to craft a new agreement for a subsequent five-year period.

 

Recommendation:

 

Adoption of proposed resolutions entitled:

1.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SECOND AMENDMENT TO THE THEATER OPERATING AGREEMENT BETWEEN THE CITY OF BURBANK AND THE COLONY THEATRE COMPANY RELATING TO THE PERFORMING ARTS CENTER.

 

2.      A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE SECOND AMENDMENT TO THE SUBLEASE AGREEMENT AND MASTER LEASE MODIFICATION BETWEEN THE CITY OF BURBANK, BURBANK MALL ASSOCIATES, AND THE COLONY THEATRE COMPANY RELATING TO THE PERFORMING ARTS CENTER.

 

 

11.    CONSIDERATION OF CREATING A CLEAN CONSTRUCTION EQUIPMENT ORDINANCE:

 

This report is being presented as the first step in the two-step agenda process in response to Vice Mayor Campbell�s request to discuss the possibility of creating a clean construction equipment ordinance.

 

In an effort to further reduce air pollution, Vice Mayor Campbell provided staff with a sample ordinance that would require all diesel fueled construction equipment over 50 horsepower owned and used by the City and/or contractors working for the City on City projects, to meet more stringent emissions standards than are currently enforced by various air quality control agencies.

 

If the Council desires, staff will assess the feasibility of the implementation of such an ordinance and will present its costs and effects on the City�s various operations.

 

Recommendation:

 

Staff recommends that the Council discuss the possible study and implementation of a clean construction equipment ordinance and direct staff as necessary.

 

 

12.    UPDATE ON BURBANK WATER AND POWER�S CONSERVATION PROGRAMS:

 

Burbank Water and Power (BWP) offers Burbank residents and businesses water- and energy-saving programs, which include the Splash into Savings program.  The program provides a $5 monthly incentive to program participants in exchange for pool pump timers set for non-peak hours only.  The program has not lived up to expectations.  Instead, BWP has consistently found one-third non-compliance.  Staff also experienced a vocal backlash from customers removed from the program as a result of non-compliance.  These residents feel that they are not to blame for the changed pool pump timer setting as those settings are typically changed by a third party.  Additionally, there has been a challenge to the program�s eligibility for Public Benefits inclusion.  For these reasons, staff is recommending that the Splash into Savings program be eliminated.

 

BWP is also proposing a new water conservation program.  The proposed program would provide education and a drip irrigation system kit for participating Burbank homeowners.  BWP staff applied for a Bureau of Reclamation grant for this program and was awarded a 100 percent matching grant of up to $25,848.  Staff requests that the Council approve both the proposed residential drip irrigation program and the resolution authorizing the City Manager to accept this grant. 

 

Recommendation:

 

Adoption of proposed resolution entitled:

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK RATIFYING AND APPROVING AN ASSISTANCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION FOR A GRANT TO FUND A RESIDENTIAL DRIP IRRIGATION PROGRAM, AND AMENDING THE FY 2005-2006 ANNUAL BUDGET IN AN AMOUNT NOT TO EXCEED $25,848.00.

 

 

13.    CHARITABLE CONTRIBUTIONS FOR HURRICANE KATRINA RELIEF UPDATE:

 

At the November 8, 2005 Council meeting, Council Member Golonski requested an update on local assistance efforts to aid the victims of hurricanes in the Gulf States Region.  Hurricanes Katrina and Rita wreaked havoc in the early Fall of 2005. The human, infrastructure and economic impacts have been huge and recovery efforts will continue for years to come.  The immediate and long-term costs associated with recovery are staggering and will amount to billions of dollars.

 

Council Member Golonski indicated in a September 13, 2005 request that he would like to assess the possibility of the City assisting with some type of relief effort that would be directed towards the victims of Hurricane Katrina.  Staff will provide an update of City, labor and community efforts since the initial staff report to the Council presented on September 27, 2005.

 

As the first step in the two-step agenda process, this item is being presented for discussion and additional Council direction only.  The decision made by the Council as a result of this report will determine future fiscal impacts.