ATTACHMENT 3-1
RESOLUTION NO. _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF BURBANK AND THE PARKING
AUTHORITY TO IMPLEMENT, OPERATE AND MAINTAIN A
PAID PARKING PROGRAM IN THE PARKING METER
ZONE IN DOWNTOWN BURBANK
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. On May 5, 1970, the City Council adopted Resolution No. 15,499, declaring that there was a need for a p arking authority to function in the City and establishing the Parking Authority of the City of Burbank, California (“Authority”).
B. On November 19, 2024, at its regular City Council meeting, the City Council introduced for first reading AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING ARTICLE 30 TO CHAPTER 1 OF TITLE VI, OF THE BURBANK
MUNICIPAL CODE TO ESTABLISH A PARKING METER ZONE IN DOWNTOWN BURBANK (“Ordinance”).
C. If adopted, the Ordinance will establish a parking meter zone on certain City streets in Downtown Burbank, and enable the City to implement an on-street paid parking program in accordance with the provisions of the Burbank Municipal Code (“Program”).
D. The City desires to authorize the Authority to operate and maintain the Program on behalf of the City and outline other City-Authority relationships with regard to the Program through a cooperation agreement.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The agreement between the City of Burbank and the Parking Authority of the City of Burbank, California, entitled “Cooperation Agreement for Paid Parking Program,” attached as Exhibit A and incorporated herein, is approved.
Attachment 3
ATTACHMENT 3-2
2. Effective Date. This Resolution shall only become effective upon the effective date of AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADDING ARTICLE 30 TO CHAPTER 1 OF TITLE VI, OF THE BURBANK MUNICIPAL
CODE TO ESTABLISH A PARKING METER ZONE IN DOWNTOWN BURBANK, introduced on November 19, 2024, as may be amended.
PASSED and ADOPTED this ____ day of November, 2024.
_ _________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: _______________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a majority vote of the Council of the City of Burbank at its regular meeting held on the ____ day of ______________ 2024, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
ATTACHMENT 3-3
Exhibit A
COOPERATION AGREEMENT
ATTACHMENT 3-4
COOPERATION AGREEMENT FOR
PAID PARKING PROGRAM
This Cooperation Agreement (“Agreement”) is made and entered into as of this ___ day of ________________, 2024 by and between THE CITY OF BURBANK, a municipal corporation and charter city (“City”), and the PARKING AUTHORITY OF THE CITY OF BURBANK, CALIFORNIA, a public body, corporate and politic (“Authority”) on the following terms and conditions. The parties are individually referred to as a “Party,” and collectively as the “Parties.”
RECITALS
A. On _____________, 2024, the Burbank City Council adopted Ordinance No. _____, establishing parking meter zone 1 (“Parking Meter Zone”) under Burbank Municipal Code (“BMC”) Section 6-1-3012.
B. The City manages parking operations within the Parking Meter Zone according to strategies outlined in that document entitled “Parking Management Strategies for Downtown Burbank,” dated November 2024, as may be administratively amended or modified from time to time (“Parking Strategies”).
C. The Parking Strategies include a managed on- street paid parking program on public streets identified in the Parking Meter Zone (“Program”).
D. The City desires to delegate operation and maintenance of the Program to the Authority as outlined in this Agreement, and both Parties agree to cooperate with each other in performing this Agreement.
AGREEMENT
EFFECTIVE DATE. This Agreement shall be effective on the effective date of Ordinance No. ____, which is _____________________.
TERM AND TERMINATION. The term of this Agreement shall begin on the Effective Date and continue until either Party provides notice to the other Party of termination. If the Authority ceases to exist under the laws of the State of California, this Agreement shall automatically terminate and all rights and obligations granted to Authority under this Agreement will automatically transfer to the City (including but not limited to automatic assignment to City of any third-party contracts described in Section 4, below).
PROGRAM OPERATION AND MAINTENANCE. Authority will operate and maintain the Program on behalf of the City in accordance with the BMC, the Parking Strategies (as may be administratively amended from time to time), as well as any other direction provided by t he City through the City’s Community Development Director or Director’s designee. The Parties will operate and maintain the Program in accordance with any applicable requirements listed in Article 30 (Parking Meters and Parking Meter Zones) of Title 6, Chapter 1 of the BMC. For purposes of this Agreement, operation and maintenance includes, but is not limited to, installation, operation, and maintenance of parking meter kiosks and related signage and striping, mobile payment options, collection of revenues received from parking payments in the Parking Meter Zone, and any other ancillary functions necessary to successfully operate or maintain the Program.
ATTACHMENT 3-5
THIRD-PARTY CONTRACTORS. Authority may hire third -party contractors or consultants to perform any of the functions necessary to operate and maintain the Program.
Contractors and consultants will be selected by the Authority through a process that is in substantial conformance with City procurement procedures otherwise applicable to the City, including any competitive solicitation requirements and procedures to award final contracts.
PARKING FEES AND REVENUES. Parking fees charged in the Parking Meter Zone (“Fees”) will be set by the City in accordance with BMC Section 6- 1-3012, including any adjustments to those Fees. Authority will only collect Fees in an amount equal to the actual Fees in place (as set by the City) at the time of collection. All Fees will be collected by the Authority and deposited into Authority accounts, to be used for the following public purposes and allocated in the following order of precedence:
A. First priority: Revenues will first be used to pay for ongoing contractor and consultant costs, if any, incurred by the Authority under third- party contracts to operate or maintain the Program as described in Section 4 of this Agreement.
B. Second priority: If any revenues remain after paying for ongoing contractor and consultant costs, remaining revenues will be used for maintenance or capital improvement of any on -street or off -street public parking facilities owned by the City or the Authority, or publicly accessible active transportation amenities owned by the City or the Authority.
CITY RESPONSIBILITIES. To ensure ongoing fulfillment of the public purpose in properly operating and maintaining the Program, public parking facilities, and other public active transportation facilities within the City, the City will cooperate with the Authority by providing the following assistance to the Program:
A. City will pay initial start -up costs and first -year operating costs for any contracts entered into by Authority pursuant to Section 4 of this Agreement, during the first year following formation of the Parking Zone. For any subsequent years of such contracts or new contracts entered into by Authority, Authority shall pay for ongoing costs from Fee revenues as described in Section 5.A of this Agreement.
B. If Fee revenues are insufficient to pay for ongoing costs of third -party contracts described in Section 4 of this Agreement, Authority will notify the City and City will pay the difference in cost. Notwithstanding this provision, in its sole discretion City may choose to do any or all of the following at any time: (i) terminate this Agreement as provided in Section 2, (ii) require Authority to assign any rights and obligations under third- party contracts to the City, or (iii) require Authority to terminate third-party contracts according to the termination provisions in those contracts.
C. Unless otherwise directed by City, City will perform enforcement services in the Parking Zone to enforce violations of any laws relating to stopping, standing, or parking within the Parking Zone. City will collect all revenues received from citations issued in the Parking Zone. Revenues from parking meter citations in the Parking Zone relating to (1) failure to pay parking Fees, and (2) violating time limits in metered parking spaces (collectively, “Parking Meter Citations”), will first be used to pay for related enforcement services. Any excess revenues from Parking
ATTACHMENT 3-6
Meter Citations will be paid to the Authority to be used for the public purposes and in the order of precedence outlined in Section 5 of this Agreement.
NO TRANSIENT PARKING TAX. The Parties acknowledge that in performing this Agreement, Authority is operating and maintaining the Program on behalf of the City, and any Fees charged are for the use of public parking spaces on public facilities owned and operated by the City. No transient parking tax will be imposed on Fees collected under the Program, pursuant to BMC Section 2-4-1906(B).
To the extent that any minor amendments or interpretations are required to carry out the functions of this Agreement, the Authority delegates approval authority to its Executive Director or designee, and the City delegates approval authority to its City Manager or designee.
LIABILITY AND INDEMNIFICATION. Pursuant to California Government Code Section 895.4, the City and Authority agree that each Party will assume the full liability imposed on it or any of its officers, agents or employees, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each Party agrees to indemnify and hold harmless the other Party for any loss, cost or expense that may be imposed upon such other Party under California Government Code Sections 895.2 and 895.6.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have executed this Agreement as of the day and year first written above.
“AUTHORITY” ”CITY”
THE PARKING AUTHORITY OF THE THE CITY OF BURBANK, a municipal CITY OF BURBANK, CALIFORNIA, a corporation and charter city public body, corporate and politic
By: _______________________________ By: ________________________________ Justin Hess Justin Hess
Executive Director City Manager
Attest: Approved as to Form:
By: _______________________________ By: _______________________________ Kimberley Clark Lisa Kurihara
City Clerk Senior Assistant City Attorney