Statement Regarding Tinhorn Flats
Dear Burbankers:
During my first week in office, I have received numerous calls and emails about the situation unfolding at Tin Horn Flats. I understand and share in your concern about this establishment’s decision to remain open, in spite of recent public health orders from the State and the County. These concerns were accentuated last night when a 19-year-old young man became the victim of hateful and violent acts at Tin Horn Flats. Let me be clear: hate has no home here in Burbank.
My heart is with the victim and his family tonight. This violent hate crime committed last night, coupled with the establishment’s flagrant disobeying of public health orders, are indicative of a culture at odds with the values of our community. I understand the struggles that small businesses are facing right now. I want to work with small businesses to find a path forward to continue operating safely during this pandemic. I have and always will be a fervent supporter of small business and entrepreneurship in our community. However, I share in your frustration and I am appalled by the actions of both Tin Horn Flats and some of its patrons.
There have been many questions raised about the city’s response to Tin Horn Flats. I have written this letter today to give the community an update on the situation and the city’s response.
The Los Angeles County Department of Public Health (DPH) has pulled the health permit, provisionally, for Tin Horn Flats. A revocation hearing was held earlier this week where the County sought to permanently pull the health permit. However, Tin Horn Flats requested a stay of the County’s action to revoke the health permit. This request was granted by the Administrative Hearing Officer until a future hearing date in January 2021. In the meantime, DPH plans to visit Tin Horn Flats regularly and to issue $1,000.00 citations at each visit. Additionally, the California Department of Alcoholic Beverage Control (ABC) continues to investigate the matter and is progressing toward issuing a suspension of the liquor license belonging to Tin Horn Flats, but this action will also require a hearing.
Numerous suggestions have been put forth by members of the community. With respect to the suggestion that Burbank Water and Power (BWP) discontinue utility services to businesses violating the public health orders, we have been advised by the City Attorney’s Office that “BWP rules do not allow the City to immediately shut off utility services to a business creating any nuisance. BWP's ability to disconnect relates to unsafe, nuisance or hazardous conditions in connection with the service…The City legally cannot use the provision of utility services to regulate the way a business is conducting their business.”
The City Council has also received an update concerning Providence Saint Joseph’s Hospital. As of 12/21/2020, the hospital “is not out of beds, but they have implemented their ICU Surge Plan and the hospital itself still has about 34% available capacity. The Hospital is screening all transported patients exhibiting COVID-19 symptoms in the ambulance bay before admitting patients into the hospital as a precaution to guard against spreading COVID.”
I understand that this update will not fully alleviate your concerns. Rest assured, however, that the City is continuing to monitor the situation and search for solutions. Please know that as a resident of Burbank, and as your Councilmember, I am with you in my concern and desire for a swift resolution. I will continue to update you as I learn more information.