PURPOSE

The purpose of this report is to provide an update on the previously proposed City of Burbank and Burbank Community Foundation (Foundation) agreement.

BACKGROUND

The City of Burbank has a steadfast commitment to ensuring fair access and improving quality of life for all through a myriad of policies and projects that aim to foster leadership, create and fortify partnerships, and validate the importance of community values.  As proposed in related staff reports presented in 2005 and 2006, an agreement between the City and the Foundation planned to create an additional platform for building a stronger community and would potentially expand funding possibilities to help meet the growing needs of the service-providing and non-profit community. 

Proposed City-Foundation Agreement

In 1999, the Burbank Chamber of Commerce�s Board of Directors proposed the creation of a non-profit organization to function as the charitable arm for the Chamber. After several discussions amongst interested board members, the Foundation was incorporated as a non-profit on May 11, 2000.  The Foundation�s mission is to support and advance the educational, cultural, and economic interests of the Burbank community.  The Foundation accomplishes this goal by providing a scholarship program for high school seniors interested in vocational careers, and also sponsoring a few non-profit programs. The funds for these projects are largely attributed to contributions from Foundation Board members, occasional solicitations of Board members to individual donors, local corporations, and grants from other foundations.

In 2005-2006 City staff, the current Foundation Board, and various Executive Directors of Burbank non-profit organizations met and discussed options for reconstituting the Foundation. Those discussions were for the purpose of enhancing the capacity of the Foundation. A pivotal component of those discussions was a proposal to �partner� with the City of Burbank in the reconstituted Foundation.  The goal of a renewed and reconstituted Foundation was to expand the donor base of the organization and help the Foundation create more engaged private, public, and non-profit partnerships which would provide stronger financial and in-kind support for the social service infrastructure of the community.

In November 2005, staff prepared a report and draft agreement to present to the City Council.  During that meeting, Council asked staff some important questions concerning the proposal, and requested that staff return with additional details on how a new or expanded Board would be formed and how the revamped Foundation would be generally structured and operated.  Council also asked staff to gather information and feedback from cities such as Anaheim on the success of their community foundations.

Based on Council direction, staff researched, formulated organizational models for the reconstituted Foundation, and had additional in-depth discussions with the Foundation Board and Executive Directors of Burbank non-profits.  The preparation and results of the aforementioned was set before the City Council on September 26, 2006 in the form of a staff report, updated draft agreement, and draft set of by-laws for a reconstituted Foundation. In addition, the Foundation�s mission was proposed in the September 2006 document to reflect the potential partnership with the City: to strengthen and advance the values and interests of the Burbank community by spearheading efforts to build healthier and more empowered communities, creating strong public, private, and non-profit partnerships, establishing opportunities that promote long-term giving; and supporting a strategic vision for development and sustainability in the non-profit sector.

The staff report clarified the roles of the City and Foundation Board, described potential charitable giving programs, eligibility criteria for funding, types of funds and agreements, the grant allocation process, information about other successful City foundations, and future steps. The by-laws established clear regulations for both the Foundation and the City as well as provided the basic rules of conduct for an organization�s business and other affairs.  A formal agreement (that upon potential consensus of all terms was to be signed by both entities) detailed the roles of each entity and their partnership to reconstitute the organization. In summary, the City�s proposed main function was to develop increased local fundraising programs to create a variety of opportunities for City employees and the community at large to contribute to Burbank.  The Foundation�s proposed main function was to provide oversight over Foundation policy and fundraising activities through its Board of Directors.

The general concept as presented in the staff report and related documents was approved by the City Council.  Based on Council�s direction, staff worked on a ten month action plan and important details such as logos and application materials for interested non-profits.  Staff felt it was also an initial priority to recruit potential Board members and schedule meetings with a strong group of qualified individuals that were interested in being a part of the organization.  Staff also felt that establishing a marketing program for City employees and potential key business partners was pivotal. Based on Council support, efforts to reconstitute the organization and create a sound base to fulfill its mission were set in motion. 

Central Elements to Proposed Foundation Structure & Operation

The proposed City-Foundation agreement and supporting documents were drafted to provide clear and appropriate guidelines for staff and Foundation Board members to complete negotiations and continue efforts to reconstitute the Foundation.  Furthermore, staff believed these factors supported the central goal to move the Foundation from a small community run organization into a larger charitable giving organization that would have the ability to communicate the challenges of the future and to attract substantial new sources of charitable giving.  Important issues such as Board composition, Board recruitment, and the Brown Act were integral to all planning discussions between City staff and the Foundation Board.  Thus, at the time of Council presentation, staff believed that the Foundation Board concurred on the components described in the September 2006 staff report.  Notably, the proposed composition of the Foundation Board of Directors, and the Brown Act applicability of the reconstituted Board were two components pivotal to reaching an agreement between the City and Foundation. 

Foundation Board Concerns

Subsequent to Council authorization to proceed with reconstituting the Foundation, on October 18, 2006, Foundation Chair Ernest Burger presented staff with additional reservations of the Foundation Board.  In a formal email, Chair Ernest Burger underlined common goals for the Foundation and City to create an organization that would �act as a catalyst to grow and improve the non-profits in the Burbank community by increasing the size of support for those organizations.�  However, in addition to underlining common goals in the email, crucial concerns were raised.  The Foundation Board�s main reservations related to the proposed composition of the Foundation Board of Directors and the Board�s Brown Act applicability.  Mr. Burger�s email in part stated:

First, the reconstituted Foundation cannot look like a City organization.  If it is seen as a City fund, contribution opportunities may be lost.  The appointment of three board members by the City Manager and six members by the City Council tips the public perception dangerously close to being a City run organization.  It is important that the Foundation be seen as an independent entity.  The Board, however, is willing to take that step if those selected Board members make a commitment to produce significant funds for the benefit of the community.  The City with its various voices seems to have focused on the distribution end of the Foundation (how is the money going to be distributed) rather than on fund generation.  If distribution minded non-profits, seniors and political associates are appointed to the board, a fundamental goal of the venture will be weakened.  Thus, we are very concerned about who would be appointed and whether they could assist the Board in fundraising.

In addition, Mr. Burger�s email delineated that the most pivotal issue at hand was the application of the Brown Act to the reconstituted Foundation Board.  Mr. Burger clarified that the elimination of the Brown Act requirement was necessary for the Foundation effort to continue.  Mr. Burger stated:

Applying the Brown Act to the Foundation would seriously inhibit the function of the Board.  By its very nature the Brown Act slows down any process or action that the Board would want to take.  It would also diminish the privacy that the Board should have in order to judge a grant request and evaluate a non-profit�s performance.  A public hearing would heavily depress candid observations and recommendations.  The City must remember that the Foundation will not be dispersing public monies, which is why public input is not appropriate.  Major donors have no reason to contribute to an organization where its charitable contributions and intentions would be subject to discernment and critique by the public�.We would like to move forward, but the Brown Act requirement needs to be deleted, and the by-laws need to be revised to more clearly show that the Council only appoints its initial six directors and that thereafter all directors, other than the City Manager�s appointees, will be chosen by the balance of the then existing Board.  We also need to get a better handle on who the Board members would be and how their contributions will further the Foundation cause.

ANALYSIS

The concerns expressed in the formal email by the Foundation Board demonstrated that the City and Foundation Board were not in agreement as to the organization�s structure and operation. Diverse representative Board composition and Brown Act applicability are elements imperative to the success of a reconstituted Foundation.  Recruiting and establishing a Board with strong qualifications for contribution is very important to the City and while this issue could potentially have been resolved, the requirements of the Brown Act were deemed necessary for a reconstituted Foundation Board that involved key City staff as well as substantial City financial resources.  Lack of consensus on the aforementioned fundamental issues only impedes any current or future accord on this joint community effort.  Although City staff tried to assure the Foundation Board that the Brown Act would not deter the success of the Foundation, the Board remained firm in their belief that it would potentially lose giving opportunities for the organization.

In October 2006, the Foundation Board maintained their hopes to move forward with the agreement but only without the Brown Act requirement and revisions of board composition and responsibilities.  Given the present Foundation position with respect to the Brown Act provisions, staff believes that at this time, it would not be in the best interest of the city to commit additional resources to a reconstituted Foundation.  Staff continues to support the City�s community building goals and related values through a variety of programs that reflect the Foundation�s proposed mission to: spearhead efforts to build healthier and more empowered communities, create strong public, private, and non-profit partnerships, establish opportunities that promote long-term giving; and support a strategic vision for development and sustainability in the non-profit sector. 

City�s Community Building Efforts

The City is dedicated to creating and advancing policies that promote community values such as volunteerism, open communication, collaboration, and leadership.  Furthermore, the City�s objectives are geared towards creating opportunities that strengthen the local non-profit and community service agenda so that we may all work together towards shared goals that shall benefit the diverse community.  The programs and projects that shall be discussed in this staff report are examples of efforts the City directs resonant with community building goals.  Some of these policies specifically support values of economic and social equity within the City�s five focus neighborhoods and community at large.  All of these policies focus on the fundamentals of giving, empowerment, and sustainability:

Community Resources Coordinator:

The City created the position of Community Resources Coordinator in 2004 to further the goal of community building throughout the City and to pursue efforts that continuously address that objective.  Primarily, the Community Resources Coordinator strives to improve the quality of life in the City�s five most economically challenged areas termed Burbank�s focus-neighborhoods (Elmwood, Verdugo-Lake, Golden State, Peyton-Grismer, and Lake-Alameda), develop and promote special, innovative, educational and informational events and workshops, and connect residents to available resources.  The Community Resources Coordinator carries out a myriad of essential duties whose scope varies daily depending on community needs.  For example, the Coordinator also serves as the City�s liaison to community organizations and focus neighborhoods on resident issues, maintains interdepartmental partnerships to manage neighborhood issues and blight, conducts presentations and provides information to residents and a variety of groups on local resources and efforts in the focus neighborhoods, develops and conducts community outreach strategies, develops strategies to enhance resident participation in City and external agency programs, develops marketing materials for the neighborhoods, and participates in City and community group committees such as the Burbank Adult School and the Burbank YMCA Advisory Committees.  Moreover, the Community Resources Coordinator promotes opportunities that engage leadership, team building and conflict resolution.  The aforementioned duties and goals act as the guiding principles though which Connect with your Community was established.  

Connect with your Community:

Staff has developed Connect with your Community (CWYC), a multifaceted grass roots program that aspires to transform neighborhoods, one outreach effort at a time. With Burbank Housing Corporation as a partner, the City ventures into its five focus neighborhoods to plant seeds of lifelong learning.  Every year, staff coordinates educational community events in the focus neighborhoods: Verdugo Street Fair and the Peyton-Grismer Back to School Picnic.  Last October, staff expanded the outreach program to the Lake-Alameda neighborhood with the 1^st Annual Lake-Alameda Fall Fun Fest.  In addition, this year staff coordinated a first-ever Summer Barbecue event at Lundigan Park in the Golden State neighborhood.  These annual outreach events provide opportunities for residents, city leaders, employees, volunteers, non-profits, and local businesses to unite for the sole purpose of building a healthier Burbank. These unique events provide educational resources for parents and their children to encourage learning and leadership in a fun-filled, safe environment.

Staff also brings non-profit and business partners into the family and activity centers to present workshops on a variety of topics from parenting and health to ESL and money management.  In late 2006, staff also initiated efforts to create an ongoing series of educational bicycle tune-up workshops.  In partnership with the Burbank Recycle Center, and the Community Development Department, CONNECT! Volunteers coordinate these workshops to promote bike safety in the focus neighborhoods and community at large, promote healthy lifestyles and alternative modes of local transportation, learn and teach hands-on bike maintenance techniques, and provide an interactive and enjoyable family activity for Burbank residents. 

In addition to the myriad of outreach events and workshops, Connect with your Community coordinates a quarterly, bilingual (English-Spanish) newsletter that is distributed to all the focus neighborhood residents, non-profits, local businesses and local elected officials.  The newsletters highlight non-profit and city services, upcoming events, and a variety of important local resources. 

Connect with your Community programming is framed to build healthy families and to make families and individuals proud of their communities. In turn, the City trusts its efforts will prompt participation and influence individuals to make a difference on their own. 

CONNECT! Volunteer Program:

Entitled CONNECT, this City Volunteer Program evolved from a departmental activity to a citywide program in response to the overarching Council goal of increasing volunteerism and spirit of giving throughout Burbank.  The City Manager�s Office, the Executive Team, and representatives from each department work to promote the program. A variety of volunteering opportunities are presented to staff such as working with Burbank based non-profit organizations as well as with City staff that coordinate events and programs throughout the year.  Opportunities are sent via city-wide email on a regular basis and if available, employees are encouraged to invest their after-work and weekend time to essential community efforts. CONNECT plans to engage more and more employees from various departments to give back to their community as volunteers.  The program�s values have influenced additional stakeholders such as local service clubs and students to contact the City about how to get involved.  From donating school supplies to beautifying Burbank Housing Corporation properties� gardens, the spirit of volunteerism is unique to the individual.  Overall, it gives employees the opportunity to connect with those we seek to serve in a unique, meaningful, and potentially life-changing way.     

Community Partnerships:

The focus neighborhood outreach program and all community building efforts would not be possible without the support of Burbank�s non-profit, civic, and business partners.  As mentioned earlier, Connect with your Community partners with a variety of community organizations and businesses to bring much needed workshops to the activity centers located in our focus neighborhoods.  In the past, the City has partnered with institutions such as the Burbank Adult School, Providence St. Joseph�s Center for Community Health Improvement, and State Farm.  In addition, local non-profits such as the Burbank YMCA, the Boys & Girls Club, the  San Fernando Fair Housing Council, the Kids� Community Dental Clinic and many other participate by signing up for booths at the various events to showcase their resources and services.  Service Clubs such as the Burbank Noon Lions and the Burbank Rotary donate their time to focus neighborhood outreach events as volunteers and have been involved in supplying a variety of much-needed resources such as school supplies for local children and funds to supply library books for the Peyton-Grismer Activity Center.

The Community Resources Coordinator actively engages local businesses and corporations to volunteer employee time, talent, or valuable resources that may be distributed at focus neighborhood functions.  Participation extends from a variety of businesses such as restaurants like Hometown Buffet, Gordon Biersch, Panda Express, Coldstone Creamery, Chipotle, and Smokin� Jack�s Steakhouse.   Businesses such as Marinello School of Beauty, Brad Korb�s REMAX office, Skyblupink in Downtown Burbank, Romancing the Bean, and State Farm�s local office also participate.  Studios such as the Walt Disney Company, Warner Brothers, Nickelodeon, and Cartoon Network are also involved and notably engage volunteer employees to contribute their time to focus neighborhood events.   These organizations and many others contribute items such as toys, giveaways for children, gift cards for families, and services such as hair cuts (Marinello) and the facilitation of child identification kits (State Farm). Woodbury University is also a strong community partner that donates a large number of backpacks for the annual Back to School Event in the Peyton-Grsimer neighborhood.  The organizations� many contributions span throughout the year and they understand that each and every thing they do is an investment back into the community. 

Non-Profit Council:

To further the collective goal of community building, in 2006, staff worked to initiate a Non-Profit Council that consists of City staff and Burbank non-profits.  The Non-Profit Council provides an arena for quarterly discussions. Members share information on outreach efforts, events, and discuss important issues within the community.  As a united front, changes in the non-profit community are addressed and information on valuable tools and resources are shared.  The program provides a venue to discuss possible collaborations on efforts and to make important connections between key community members that make a difference in Burbank every single day.  

A central objective for 2007 is to empower Non-Profit Council members to participate as a working group with set priorities and goals.  An initial step to this process was taken in May 2007 with the creation and distribution of an Organization Survey that aimed to survey service providers and non-profit organizations to ensure better coordination of services, volunteers, and assistance to individuals in need.  The results demonstrated that non-profits lack adequate resources in the areas of marketing, and recruiting and maintaining volunteers.  In relation to these results, staff is looking at potentially evaluating Burbank organizations� programming through a Non-Profit study, or Cost-Benefit analysis.  Anecdotally, we know that non-profits provide a wide range of social services that are critical to our environment and fill essential community building needs within the City of Burbank. However, staff knows of no study that has been done that can quantify the value of the services provided. Some essential questions may be: what are the social services provided by non-profits; how much money is raised to finance their work; and what would be the programs, services and financial impact if the non-profits were not in Burbank.  Currently, staff is researching the possibility of partnering with a local community college or University that may be interested in taking this all encompassing analysis study as a class project or as an integral hands-on component of a specific department�s project.

City of Burbank Unions:

The City�s unions have a strong history of active involvement and generosity throughout the community. For example, the Burbank Police Officers� Association (BPOA), Burbank Police Chief Officers� Union (BPCOU), Burbank Firefighters� Association (BFF), Burbank City Employees Association (BCEA), International Brotherhood of Electrical Workers (IBEW), and the Burbank Management Association (BMA) strive to support various organizations that need assistance and funding.  One of the groups� central purposes is to foster and encourage the welfare and social relations between their unions and the community. For example, similar to how the proposed Foundation Payroll Deduction Program would function with City employees and business partners, BPOA, BPCOU, BFF, BCEA, and IBEW members generously donate to a charity fund through monetary contributions from payroll deductions. These funds benefit a variety of organizations in the community.  The well established union charity funds have successfully supported the valuable services and programs of the non-profit community while empowering City employees in their respective areas to make a difference.  BMA also grants organizations funding depending on available funds and whether the interested organization�s mission meets the goals and vision of the union. Clearly, members' personal efforts perform a significant role in assisting the groups in their endeavors to achieve independent charitable goals and the City�s community building vision.

FISCAL IMPACT

As proposed in the September 2006 staff report, staff did not recommend any new staff to administer the Foundation. While the draft by-laws proposed City directed staff to administer the Foundation, it was proposed as a part-time responsibility of a current City staff member.  In addition, the by-laws proposed three City department managers (appointed by the City Manager) to serve on the Board of Directors.  These positions would be volunteer, unpaid positions. All other community programs discussed in this staff report are all existing programs that utilize existing staff resources and funding. 

CONCLUSION

The City�s enthusiasm and efforts to support and expand the Foundation�s mission and programming was based on several discussions between staff and the Foundation Board during 2005-2006.  These pre-negotiation discussions uncovered a common goal of community building and a mission to better serve the non-profit organizations in the community.  The proposed agreement was also based on discussions that concentrated on operations, board representation, and funding.  A partnership and essentially, the future success of any partnership depends on several factors.  More importantly, it relies on a clear understanding of the potential collaboration as well as a commitment to all the objectives and conditions involved.  Soon after the Council approved the City-Foundation concept in September 2006, the Foundation Board expressed that they were not in full agreement with the proposed composition and objectives of the Board as well as the Brown Act applicability of the Board.  These important concepts and the implications implied are essential components of a successful collaboration.  Therefore, staff realized that a partnership between the City and Foundation is not possible at this time.    

The proposed City-Foundation collaboration was an example of the City�s continued efforts to provide additional opportunities for meaningful community participation and as a result, growth and sustainability. As delineated earlier in this report, the proposed Foundation mission reflected these objectives, but without an established agreement and a strong understanding and commitment from all those involved, staff agrees that this approach would be difficult to pursue.  However, through the efforts of the Community Resources Coordinator, the City union charity funds, and other projects, the core mission is still being pursued.  The implementation of beneficial community programs and numerous partnerships with non-profits and for profits businesses adds to the growth and success of the City�s policies.  With time and appropriate attention and support, these programs shall continue to thrive and develop.  They are vital to creating an environment that is continuously conducive to the creation of community partnerships, empowerment of individuals and organizations, giving opportunities, and measurable development in the non-profit sector, and a broad community building effort.  Community building is an undeniable priority on the City�s general agenda, and these efforts would not be possible without the support of community organizations such as non-profits, service clubs, and businesses. 

The City makes a difference in the community every single day. As dedicated employees, City staff and leadership prioritize excellent responsiveness. Positive changes because of community outreach efforts are already evident. Through deliberate educational and informational community outreach coupled with City responsiveness to community needs, trust and engagement is developing.  We have already seen growing signs of �neighborhood ownership� and community connectivity in several of the focus neighborhoods.  In the Verdugo-Lake neighborhood residents are taking on leadership roles in the planning and implementation of neighborhood events.  Another example of an area that is developing a greater level of community engagement is seen in the Lake-Alameda neighborhood.  As the residents participate in outreach efforts and as they experience the City�s willingness to invest in much needed infrastructure enhancements (such as the flood control channel access path), community trust and involvement continues to build.  Although the City-Foundation partnership may not be possible at this time, the community building mission is carried out through innovative policies that validate the importance of community values and the benefit of outreach to build a healthier, more sustainable City. 

RECOMMENDATION

Staff recommends that the City Council not continue with the proposal to reconstitute the Burbank Community Foundation at this time.  Currently, staff is utilizing available resources to concentrate on other pivotal projects and programs that focus on opportunities to strengthen the community, local non-profits, and assist in igniting and furthering the community service agendas of local businesses and other organizations.

LIST OF EXHIBITS

Exhibit A � Burbank Community Foundation Staff Report, November 1, 2005

Exhibit B � Burbank Community Foundation Staff Report, September 26, 2006

Exhibit C � Proposed Draft Agreement

Exhibit D � Revised Draft Burbank Community Foundation By-laws

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