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RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK AMENDING RESOLUTION NO. 20 -29,161
AUTHORIZING THE EXTENSION OF THE CITY’S
OUTDOOR DINING P ROGRAM ON SAN FERNANDO
BOULEVARD BETWEEN OLIVE AVENUE AND ANGELENO
AVENUE FOR THE DURATION OF PHASE 1 OF THE
DOWNTOWN BURBANK SAN FERNANDO BOULEVARD
RECONFIGURATION PROJECT.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. On March 4, 2020, the State of California declared a State of Emergency and the Los Angeles County Department of Public Health (LADPH) declared a Health Emergency due to the spread of COVID -19. On March 13, 2020, the City of Burbank declared a Local Emergency.
B. Since that time, the COVID -19 pandemic resulted in various State and Local Health Orders that directly impacted business operations, and severely limited the way in which the restaurant industry, in particular, could operate. Restaurants were subject to prolonged periods of time where they could serve customers indoors and/or outdoors subject to social (physical) distancing requirements and infection control protocols, only remain open for food pick-up or delivery with prohibitions on in-person dining, and other combinations of these operating models. As a result, restaurants were often forced to temporarily or permanently close during the pandemic to adjust to changing business operations as a result of State and Local Health Orders and directives.
C. In Los Angeles County between February 2020 and October 2020, restaurant occupations suffered the most out of the groups of occupations that were hardest hit by the COVID-19 pandemic. During this time, waiters and waitresses lost over 25,000 jobs and restaurant cooks over 13,000, while fast food and counter workers decl ined in employment by close to 5,000. In 2022, most occupations were still forecasted to be at an employment level below the beginning of 2020 including restaurant occupations. The hospitality industry, primarily the sectors of accommodation and food services, has been one of the hardest hit industries by the pandemic in Los Angeles County.
D. To assist in alleviating some of the operational hardships that restaurants faced as a result of these health orders, and to promote public health and safety by supporting outdoor dining with social distancing where feasible, on July 14, 2020, the City Council adopted Resolution No. 20-29,161, which established a temporary expanded outdoor dining program ( “Program”). Under the Program, the Public Works Director may authorize a restaurant to expand seats and tables into the public right -of-way beyond what is otherwise allowed in the City, including expansion beyond the public sidewalk fronting the restaurant. To participate in the Program, restaurants must file an application with the Public Works Department, and the Public Works Director may
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approve the application by executing an encroachment agreement or permit with the restaurant, subject to compliance w ith the Program guidelines.
E. On July 15, 2020, the City Manager, acting as Director of Emergency Services, issued a proclamation which expanded the Program along San Fernando Boulevard (SFB) between Angeleno Avenue and Magnolia Boulevard (the “SFB Blocks”) by allowing restaurants or bars with frontage on SFB Blocks to seek a permit to expand outdoor dining by encroaching into parking stalls along SFB Blocks. On August 11, 2020, this Program expansion was confirmed by the City Council through Resolution No. 20- 29,172. Resolution No. 20-29,172 also delegated to the City Manager, or designee, the authority to temporarily close streets under California Vehicle Code Section 21101.
F. The Program has been extended several times by City Council resolution, most recently through December 31, 2023.
G. On January 24, 2023, City Council adopted Resolution No. 23-29,396 which further extended the duration of the Program along a portion of the SFB Blocks, from Magnolia Boulevard to Olive Avenue, as part of Phase 1 of the Downtown Burbank San Fernando Boulevard Reconfiguration Project. Now, to ensure Program continuity, the City desires to extend the Program within the remaining portions of the SFB Blocks from Olive Avenue to Angeleno Avenue, for the duration of Phase 1 of the Downtown Burbank San Fernando Boulevard Reconfiguration Project.
H. Nationally, since imposition of stay- at-home orders, 80% of the businesses nationwide sought some type of financial assistance. A Chamber of Commerce survey conducted in 2021 showed approximately 70% of Burbank businesses responding sought some type of financial assistance from federal and state programs.
I. Although the COVID-19 pandemic has improved, the devastating economic impacts of the pandemic and related health orders are still being felt. As the restaurant industry continues to recover from the impacts of the pandemic, new challenges have merges with the rising cost of food, goods and staff wages caused by inflation and state laws such as AB1228 which will require increasing minimum wage for fast food employees to $20 an hour beginning April 1, 2024. These conditions continue to negatively impact the restaurant industry and therefore it is important to provide the opportunity for outdoor dining in Downtown Burbank.
J. According to the 2022 State of the Industry Report published by the National Restaurant Association 96 percent of operators experienced supply delays or shortages of key food or beverage items in 2021, and these challenges were expected to continue in 2022. Moreover, 51 percent of adults say they aren’t eating at restaurants as often as they would like, an increase of six percentage points from pre-pandemic estimates.
K. Based on economic indicators, more than half of restaurant operators believe it will be a year or more before business conditions return to normal . Allowing
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restaurants to operate outdoors in expanded dining areas in the public right-of-way will facilitate their continued operation and survival while protecting the public health.
L. During this period of economic recovery , the City must consider the welfare of its businesses while protecting the health and welfare of its citizens. Maintaining the City’s Outdoor Dining Program and temporarily closing portions of the parking stalls along three blocks of San Fernando Boulevard to create an economic recovery zone for restaurants is a permissible purpose within the scope of California Vehicle Code Section 21101(e). It is also consistent with the City’s Economic Recovery Plan, approved by Council on May 19, 2020, which identifie d streamlined review of outdoor dining in Downtown Burbank as a recovery strategy to lessen the impacts of COVID -19 on the community.
M. The City Council exercises its independent judgment and finds that the continuation of the City’s temporary expanded Outdoor Dining Program including partial closure of SFB parking stalls is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) permitting location of limited numbers of new, small facilities or structures where only minor modifications are made in the exterior of the structures, Section 15305 (Class 5: Minor Alterations to Land Use Limitations) permitting issuance of minor encroachment permits, as well as Section 15301 (Class 1: Existing Facilities) permitting minor alterations to existing facilities involving negligible expansion of existing use. The City’s Guidelines governing the temporary expanded outdoor dining program and the temporary nature of this authorization ensure negligible or no expansion of existing restaurant uses.
THE CITY COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The foregoing recitals are true and correct, and incorporated as if restated herein in their entirety.
2. Resolution No. 20-29,161 is amended to further extend the time period for the City’s expanded Outdoor Dining Program through the duration of Phase 1 of the Downtown Burbank San Fernando Boulevard Reconfiguration Project , which was adopted by Resolution No. 23-29,396, unless terminated sooner or extended by the City Council or terminated sooner by action of the City Manager, acting as the Di rector of Emergency Services. In addition to the Program elements as described in Resolution No. 20-29,161, the Program extension shall also include the Program expansion along four blocks of San Fernando Boulevard as established by Resolution No. 20-29,172.
3. The City Manager may reopen and reclose the SFB B locks pursuant to his authority under C alifornia Vehicle Code Section 21101. In no event, however, will the SFB Blocks remain closed beyond the conclusion of Phase 1 of the Downtown Burbank San Fernando Boulevard Reconfiguration Project without further action of the City Council.
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4. Any outdoor dining permits or encroachment agreements issued by the Public Works Director, which were due to expire on December 31, 2023 are automatically extended through the conclusion of Phase 1 of the Downtown Burbank San Fernando Boulevard Reconfiguration Project unless terminated sooner or extended by the City Council, or terminated sooner by action of the Public Works Director based on public health orders , and/or the continuing need for the expanded O utdoor Dining Program, and/or the full reopening of SFB Blocks. The Public Works Director may waive any fee associated with extending any of said permits or agreements and such waiver is for the purpose of assisting the economic recovery of local restaurants.
5. Resolution No. 20- 29,161 is further amended to authorize the Public Works Director to impose additional conditions on any permits or agreements the Director deems reasonable for public welfare and safety. The Public Works Director after consultation with and approval of the Fire Marshall may approve use of outdoor lighting, canopies and/or heaters for outdoor dining.
PASSED and ADOPTED this ____ day of December, 2023.
_________________________
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: ______________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
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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 it s regular meeting held on the ____ day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Kimberley Clark, City Clerk