1 STAFF REPORT
DATE: July 15, 2025
TO: Justin Hess, Executive Director
FROM: Patrick Prescott, Community Development Director VIA: David Kriske, Asst. Community Development Director, Transportation BY: Angelica Gonzales, Parking Analyst
Karen Pan, Transportation Services Manager
SUBJECT: Adoption of a Resolution of the Parking Authority of the City of Burbank Approving an Entry and License Agreement with Nearby Businesses to Use a Trash Enclosure at the 133 E. Orange Grove Avenue Public Parking Structure, and Delegating Signature Authority to the Executive Director as the Chairman’s Designee
RECOMMENDATION
Adopt A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF BURBANK
APPROVING AN ENTRY AND LICENSE AGREEMENT WITH NEARBY BUSINESSES TO USE A TRASH ENCLOSURE AT THE 133 E. ORANGE GROVE AVENUE PUBLIC
PARKING STRUCTURE, AND DELEGATING SIGNATURE AUTHORITY TO THE EXECUTIVE DIRECTOR AS THE CHAIRMAN’S DESIGNEE.
BACKGROUND
The Burbank Parking Authority (Authority) owns the public parking structure located at 133 E. Orange Grove Avenue (Parking Structure) that provides public parking spaces for Downtown Burbank visitors. The Parking Structure includes a trash enclosure (Enclosure) on the first floor, which was constructed in 2007 to replace an outdoor enclosure used by several nearby businesses that was displaced by construction of the adjacent Burbank Collection Mixed Use Project.
The Authority owns the Enclosure and since 2007, has authorized the use of the Enclosure by the adjacent businesses under an entry and license agreement. Currently,
COMMUNITY
DEVELOPMENT
2 the following businesses are permitted to use the E nclosure: Ben & Jerry’s, Finney’s Crafthouse, Republik Coffee, Sweety’s Candies, Flavor of India, Mama Hong’s Vietnamese Kitchen, and the most recent addition, Kalaveras (collectively, the Businesses). Under the entry and license agreement, each Business independently contracts with a trash hauler for service. In the last several years, this arrangement has resulted in unsanitary and nuisance conditions at the Enclosure due to inconsistencies in each Business’s trash hauler service frequency and increasing amounts of trash generated from the Businesses. While the existing agreement requires each Business to enter into a maintenance contract for the Enclosure to keep the area clean, ongoing maintenance has been inconsistent and conditions at the Enclosure have fallen short of an acceptable standard. To address these poor conditions, the Businesses have agreed to enter into a new Entry and License Agreement (Agreement) where the Authority will manage trash service and maintenance at the Enclosure on behalf of all the Businesses, and the Businesses will be allowed to continue using the Enclosure. In exchange, the Businesses will fully reimburse the Authority’s costs to manage the trash and maintenance services.
DISCUSSION
All Businesses currently manage their own trash, recycling, and organic collection services at the Enclosure and have acknowledged that it would be helpful to consolidate efforts into one waste management contract managed by the Authority. The benefit of consolidating into one collection contract is to ensure trash collection schedules are consistent with fewer trucks and personnel managing the same trash enclosure, and to ensure coordinated and regular maintenance of the area to address cleanliness. The same Businesses that currently use the Enclosure would be permitted to use the Enclosure under the new Agreement (Figure 1).
Figure 1. Permitted Licensees Under the Agreement
Name Address City State
Continental Burbank, LLC,
includes: 1010 Racket Club Dr. #104 Auburn CA
- Ben & Jerry's 164 E. Palm Ave., Unit #101 Burbank CA
- Finney's Crafthouse 164 E. Palm Ave., Unit #102 Burbank CA - Republik Coffee 164 E. Palm Ave., Unit #103 Burbank CA - Sweety's Candies 164 E. Palm Ave., Unit #104 Burbank CA Flavor of India 161 E. Orange Grove Ave Burbank CA
Mama Hong’s Vietnamese Kitchen 211 N. San Fernando Blvd Burbank CA Kalaveras 221 N. San Fernando Blvd Burbank CA
Staff has met with all B usinesses in the past year regarding their concerns and trash service needs. All B usinesses have acknowledged that this change would remedy the unsanitary and nuisance conditions because the Authority would be the single entity responsible for managing the E nclosure, while also reducing administrative work from 3 their staff to manage their own trash services. The Authority would benefit from this arrangement by having greater control over conditions within the Parking Structure and ensuring the area around the Enclosure is maintained to an acceptable standard, being mindful of the broader public use of the Parking Structure.
Due to the volume of trash produced by the Businesses and the limited trash dumpsters that can be stored in the E nclosure, staff believes that a seven-day pickup service is required for regular trash, six -day pickup is required for recyclables, and six-day pickup is required for organic waste. Also, staff recommends monthly power-washing services of the Enclosure, and will also consider porter services to ensure that trash is kept in the bins. Finally, staff will secure the Enclosure with new locks so that access to the trash is restricted to the Businesses and the trash hauler. If the Agreement is approved, staff will finalize a service contract with Athens Services to provide trash pickup at the Enclosure, and will contract with GI Services for monthly power washing service. The estimated cost for trash and cleaning service will be approximately $90,000 per year, which will be fully reimbursed by the Businesses monthly.
Any future cost changes to the trash pickup or maintenance service will be added or deducted from the Businesses’ monthly fee to ensure the Authority receives full cost recovery for coordinating this service. If a Business terminates its agreement to use the Enclosure, the remaining Businesses will be responsible for splitting the cost differential to continue using t he Enclosure and related trash pickup and maintenance services.
Future adjustments to cost or amendments to the Agreement will be negotiated and approved administratively by the Executive Director, unless the changes involve a non- reimbursable cost to the Authority.
ENVIRONMENTAL REVIEW
Approval of this Agreement has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and as such, falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to CEQA Guidelines §§ 15060(c) and 15378.
This approval does not alter or make any physical changes to the existing use of the trash enclosure located in the public parking structure at 133 E. Orange Grove Avenue.
FISCAL IMPACT
There is no fiscal impact to the General Fund. Participating businesses will pay the full cost for the trash collection services. The Agreement acknowledges that the Authority will now manage the entire waste management contract and other necessary services on behalf of the participating Businesses and Businesses will reimburse the Authority. The Authority will not collect any additional fees from the Businesses to manage this service.
Funds to front the costs of the trash services are available in the Parking Authority Budget 4 approved by the Parking Authority, and reimbursements will return to the Parking Authority fund.
CONCLUSION
A trash enclosure within the Orange Grove Parking Structure is currently used by several nearby Businesses, who individually contract with trash haulers to service the enclosure separately. Due to the prevalence of unsanitary and nuisance conditions, staff recommends the Authority manage trash service for the enclosure on behalf of all the Businesses, who will reimburse the Authority for these costs. All participating Businesses agree that c onsolidating into one waste management contract and other necessary services will help ensure trash collection schedules are consistent and ensure proper maintenance of the area for cleanliness. Staff recommends the Authority adopt a Resolution to approve the Entry and License Agreement allowing the Authority to oversee all waste management at the Enclosure, and delegate signature authority to the Executive Director (i.e., City Manager) as the Chairman’s designee (i.e., Mayor).
ATTACHMENT
Attachment 1 – Resolution