1 RESOLUTION NO. 22-29,381
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING AN AMEND ED AND RESTATED
LEASE WITH THE VERDUGO RESTAURANT
CORPORATION FOR THE CASTAWAY, LOCATED AT 1250
HARVARD ROAD
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. On or about July 29, 1954, Joseph DeBell granted a certain parcel (“Parcel”) to the City with certain restrictions, including limitations for the Parcel to “golf course and facilities, clubhouse, park and recreation purposes.”
B. On or about May 7, 1958, Joseph DeBell clarified that the use restrictions in the grant deed that limited the use of the parcel to “golf course and facilities, clubhouse, park and recreation purposes”, also included restaurant-type uses.
C. Since then, the Parcel was developed into the DeBell Municipal Golf Course, and the City has used the top of the knoll of this Parcel, located at 1250 Harvard Road, Burbank, California 91503, as a restaurant facility affiliated with and overlooking the DeBell Municipal Golf Course (“The Castaway” or “Property”) to serve Burbank residents and members of the public in accordance with these grant deed restrictions. However, it was determined to be in the City’s best interest to permit a private operator to use the Property so it may be properly maintained as City property in accordance with the limitations set forth in the grant deed.
D. On October 7, 2005, the par ties amended and restated the December 28, 1960, lease agreement. (“2005 Lease”.) After, on October 10, 2017, the parties amended the 2005 Lease to modify minor provisions of the 2005 Lease concerning overflow parking and continuous operations requirements.
E. The 2005 Lease currently ends on November 1, 2025, but the Tenant may extend the term, to November 1, 2035. Instead of exercising its option to extend the existing term to November 1, 2035, Tenant and City desire to agree to new terms related to parking, minimum rental rates, and certain operational requirements in exchange for the City agreeing to a new term that expires on December 31, 2045. (“Lease”.)
F. This Lease has been presented to the City Council on November 15, 2022.
Based upon the presentation and information presented before it, the City Council finds that:
the rental rates set forth in this Lease have been appraised and that such rates are not less than fair market value for the Property; and such lease serves the public interest in preserving a city facility affiliated with the DeBell Municipal Golf Course, which use is consistent with the original grant deed restrictions.
22-29,381
2 G. Under the California Environmental Quality Act (CEQA) and the CEQA Guidelines, leasing or operation of, and minor alterations to, existing structures, involving negligible or no expansion of existing use, are exempt from CEQA. (See 14 CCR § 15301.)
THE COUNCIL OF THE CITY OF BURBANK RESOLVES AS FOLLOWS:
1. Environmental Review. The City Council exercises its independent judgment and finds, based upon the record before it, that this approval involves a lease that would not result in any expansion of its existing use. As such, this activity is exempt from CEQA under 14 CCR section 15301, and no further environmental review is necessary.
2. Declaration of Exemption. The Cit y Council declares that the Lease is not subject to the Surplus Lands Act (“SLA”) because: (A) the leased property continues to be used by the City to further open space and recreational purposes of the City; and (B) the leased property is exempt under the SLA because it is land that “is subject to val id legal restrictions that are not imposed by the local agency and that would make housing prohibited” as set forth under Government Code section 54221(f)(1)(G) and SLA Guidelines, section 103(b)(3)(G).
3. Approval of Amended and Restated Lease. The City Council approves the Lease presented before the City Council . The City Manager or their designee is authorized to execute this Lease on behalf of the City and the City Clerk is authorized to attest to this Lease.
PASSED and ADOPTED this 15th day of November, 2022.
_s/Jess A. Talamantes_________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
s/Xiomara Gamez___________ By: _s/Kane Thuyen___________ Xiomara Gamez Kane Thuyen
Administrative Analyst II Senior Assistant City Attorney
22-29,381
3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Xiomara Gamez, Administrative Analyst II of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 15th day of November, 2022, by the following vote:
AYES: Frutos, Schultz, Springer, Anthony and Talamantes.
NOES: None.
ABSENT: None.
_s/Xiomara Gamez_____________
Xiomara Gamez
Administrative Analyst II