HomeMy WebLinkAboutResolution No. 20-7941 - Ratifying Emergency Order No. 1 - Temporary Outdoor Dining Guidelines for Restaurants:1 *1i1 Kul Il 15i1 `l ki [i1 WTI] Vk
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WHEREAS, pursuant to Article II, Chapter 4, Part 4 of the Downey Municipal Code,
Section 2434(a)(1) and Government Code Section 8630(a), the City Manager acting as the
Director of Emergency Services is authorized to proclaim the existence or threatened existence
of a public emergency when the City is affected or likely to be affected by a public calamity and
the City Council is not in session;
WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease that may result in
serious illness or death and is easily transmissible from person to person and poses conditions
of extreme peril to the public health and safety of persons; and
WHEREAS, Los Angeles County announced that the number of confirmed COVID-19
cases in the County is approximately 144 with 1 death; and the Los Angeles County Department
of Public Health on March 16, 2020 issued a Health Order prohibiting all indoor and private
gatherings and all outdoor public and private events of no more than 50 people; and
WHEREAS, COVID-19 therefore has and will continue to cause conditions of peril to the
health, safety, and welfare of persons and property in the City of Downey; and
WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of
COVID-19 requires the City to divert resources from normal day-to-day operations, and has and
will continue to impose extraordinary requirements on and expenses to the City; and
WHEREAS, on March 18, 2020, the City Manager acting as the Director of Emergency
Services proclaimed the existence of a Local Emergency within the City of Downey ratified by
the City Council on March 24, 2020; and
WHEREAS, the Los Angeles County Department of Public Health on March 19, 2020
issued a Health Order limiting prohibiting all indoor and private gatherings and all outdoor public
and private events of no more than 10 people; and restaurants and other food facilities that
prepare and serve food to only drive -through, delivery, and take out services; and
WHEREAS, the Los Angeles County Department of Public Health on March 21, 2020
issued a Health Order limiting prohibiting all indoor and private gatherings and all outdoor public
and private events, and that restaurants and other food facilities that prepare and serve food to
continue only drive -through, delivery, and take out services; and
WHEREAS, the Los Angeles County Department of Public Health March 28, 2020
Update announced that the total number of confirmed COVID-19 cases in the County since the
pandemic began was approximately 49, 774 with 2,241 deaths, and that the average daily
positive confirmed cases, deaths, and hospitalization rates are slowly declining;
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PAGE 2
WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's
approval of the County's plan to move further into "Stage 2" of the State's "Resiliency Roadmap"
which permitted restaurants to utilize the indoor dining areas subject to safety protocols anI
reduce occupancy; and
WHEREAS, the City intends to assist local restaurant businesses with their loss of
seating capacity by developing a Temporary Outdoor Dining Program ("Program") to allow
temporary uzation of outdoor areas on public and private property to serve food and drinks to
customers, subject to operational standards set by the County of Los Angeles Public Health
Officer and City of Downey; and,
WHEREAS, the Downtown Core area, as defined by the Downtown Downey Specific
Plan, has a unique physical character that provides opportunity for use of the public right-of-way
areas, including sidewalks and street parking areas, for temporary dining purposes subject to
safety standards set forth by the Department of Public Works through issuance of an
encroachment permit; and,
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WHEREAS, on June 4, 2020, the City Manager acting as the Director of Emergency
Service issued Emergency Order No. 1 which authorized the Temporary Outdoor Dining
Program to provide for the protection of life and property; and to further provide for the
economic recovery of local restaurants, to allow and encourage outdoor dining subject to the
following protocols and expedited review, as set forth in Exhibit "A" attached hereto an't
incorporated herein by reference.
of so
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APPROVED AND ADOPTED this 9th day of June
BLANCA PACHECO, Mayor
ATTEST:
AVRALICIA''DUAT-E, dAt--"--
City Clerk
PAGE 3
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 9th day of June, 2020, by the following vote,
to wit:
AYES: Council Members: Ashton, Rodriguez, Saab, Frometa, Mayor Pacheco
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN* Council Member: None.
R
-'�&A A L I C IA D U A64 ?RT- E,
City Clerk
EXHIBIT A
IL ET A. LIVAS
City Manager and Emergency Services Director
EMERGENCY ORDER NO. I
AUTHORIZING A TEMPORARY OUTDOOR DINING PROGRA
IN THE CITY OF DOWNEY I
WHEREAS, pursuant to Article 11, Chapter 4, Part 4 of the Downey Municipal Code,
Section 2434(a)(1) and Government Code Section 8630(a), the City Manager acting as the
Director of Emergency Services is authorized to proclaim the existence or threatened existence
of a public emergency when the City is affected or likely to be affected by a public calamity and
the City Council is not in session;
WHEREAS, the novel coronavirus (COVID-1 9) is a respiratory disease that may result in
serious illness or death and is easily transmissible from person to person and poses conditions
of extreme peril to the public health and safety of persons; and
WHEREAS, Los Angeles County announced that the number of confirmed COVID-19
cases in the County is approximately 144 with 1 death; and the Los Angeles County Department
of Public Health on March 16, 2020 issued a Health Order prohibiting all indoor and private
gatherings and all outdoor public and private events of no more than 50 people; and
WHEREAS, COVID-19 therefore has and will continue to cause conditions of peril to the
health, safety, and welfare of persons and property in the City of Downey; and
WHEREAS, on March 18, 2020, the City Manager acting as the Director of Emergency
Services proclaimed the existence of a Local Emergency within the City of Downey, which was
ratified by the City Council on March 24, 2020; and
WHEREAS, the Los Angeles County Department of Public Health on March 19,
2020 issued a Health Order limiting prohibiting all indoor and private gatherings and all
outdoor public and private events of no more than 10 people; and restaurants and other food
facilities that prepare and serve food to only drive -through, delivery, and take out
services; and
WHEREAS, the Los Angeles County Department of Public Health on March 21,
2020 issued a Health Order limiting prohibiting all indoor and private gatherings and all
outdoor public and private events, and that restaurants and other food facilities that prepare
and serve food to continue only drive -through, delivery, and take out services; and
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 2
since the pandemic began was approximately 49, 774 with 2,241 deaths, and that the average
daily positive confirmed cases, deaths, and hospitalization rates are slowly declining;
WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's
approval of the County's plan to move further into "Stage 2" of the State's "Resiliency Roadmap"
which permitted restaurants to utilize the indoor dining areas subject to safety protocols and
reduce occupancy to no more than 60 percent of prior maximum seating; and
WHEREAS, the City intends to assist local restaurant businesses with their loss of
seating capacity by developing a Temporary Outdoor Dining Program ("Program") to allow
aerwa—ftit
subject to operational standards set by the County of Los Angeles Public Health Officer and City
of Downey; and,
WHEREAS, the Downtown Core area, as defined by the Downtown Downey Specific
Plan, has a unique physical character that provides opportunity for use of the public right-of-way
areas, including sidewalks and parking areas, for temporary dining purposes subject to safety
standards set forth by the Department of Public Works through issuance of an encroachment
permit; and,
WHEREAS, the Program is necessary to assist local dine -in restaurants as they will not
be able to achieve normal occupancy levels given physical distancing requirements and other
modifications deemed necessary for public health; and.
WHEREAS, the City Manager acting as the Director of Emergency Services is
authorized to promulgate orders and regulations necessary to provide for the protection of life
and property; and to further provide for the economic recovery of local restaurants, to allow and
encourage outdoor dining subject to the following protocols and expedited review, as set forth in
Exhibit "A" attached hereto and incorporated herein by reference.
As the Director of Emergency Services pursuant to Downey Municipal
Code Section 2433(a) and by the powers vested in me by Downey Municipal
Code Section 2434, 1 hereby issue the following order, to be effective immediately
and continue for 90 days, and can be extended at such time as needed, until the
Governor lifts the limitations on inside dining.
1. Pursuant to the May 29, 2020 County of Los Angeles announcement of t
State's approval of the County's plan to move further into "Stage 2" of the State's "Resilien
Roadmap" which permits restaurants to utilize the indoor dining areas subject to safl,10,
protocols and reduce occupancy to no more than 60 percent of prior maximum seating, and .
further provide for the economic recovery of our local restaurants, outdoor dining is allowed a 0
encouraged subject to the following protocols and expedited review, as set forth in t -
"Temporary Outdoor Dining Program" as set forth in Exhibit "A" attached hereto a
incorporated herein by reference.
2. Restaurants participating in the Temporary Outdoor Dining Program shall also
follow the following guidelines:
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 3
A. All restaurants in the City are eligible to participate in the Program with prope
owner authorization; I
Restaurants that hold an existing license to serve alcohol from the Californ—
Department of Alcoholic Beverage Control are permitted to exercise that licen
in the temporary dining areas approved through the Program, subject
compliance with the COVID-19 Temporary Catering Authorization Applicati
(Form 1.BC-218 CV1 9); 1
C. Restaurants located within the Downtown Core, as defined in the Downto
Downey Specific Plan, are permitted to utilize public rights -of -way includii
sidewalks and parking spaces subject to safety standards and obtaining
encroachment permit from the Department of Public Works;
D, Restaurants shall abide by the health guidelines and protocols issued by the
County Public Health Officer;
Restaurants shall comply with guidelines and operating standards set forth in the
Temporary Outdoor Dining Guidelines and Procedures application attached to
hereto as Exhibit A; and
F. That the City Manager acting as the Emergency Servics Director is authorized t
enact said Program with no fee and waive the collection of encroachment permit fees
associated with this Program; and
Gil ert o � A�Ui vZasDate Time
/ A. Livq4
City Manager
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 4 EXH I BIT A
PIRPOSE
The City of Downey has developed the following COVID-19 Guidelines ("Guidelines") for Temporary Outdoor
Dining Areas in efforts to assist sit-down restaurants with reopening in a manner that is consistent with local
and County health and safety directives. Speccally, these Guidelines authorize qualifying restaurants to
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by social distancing guidelines and directives.
BACKGROUND
On May 29, 2020, California Governor Gavin Newsom approved a request from the County of Los Angeles tt
progress further into "Stage 2" of the Governor's "Resiliency Roadmap" for responding to COVID-19. With this
approval, "dine -in" restaurants are now permitted to open/ operate in Downey and elsewhere in the County;
subject to compliance with health guidelines and protocols issued by the County Public Health Officer ("County
Health Guidelines"). The County Health Guidelines, among other things, direct restaurants to prioritize outdoor
seating and curbside pick-ups, and requires restaurants to adjust maximum occupancy rules inside theit
establishment to maintain social distancing. The County Health Guidelines can be found at the following link:
httP-.//OLiblicliealtli.lacoLitity,gov/niedia s/protocols/Reopening Resmfrclflt,�.p f
JCoronavirus/doc _
DURATION/AUTHORITY
These Guidelines are effective immediately and will remain valid for 90 days unless extended or terminated
earlier by the City on behalf of the order placed by Los Angeles County. These Guidelines are issued by the
City Manager, under authority directed by the Downey City Council. Final determination for each temporary
outdoor dining location is based on unique conditions of each site. Businesses are encouraged to practice all
COVI D- 19 safety protocols.
WHERE PERMITTED
Temporary outdoor dining areas may be located citywide in outdoor, privately -owned common areas of t
restaurant premises, such as walkways, plazas and parking lots; subject to approval of the property own
The outdoor areas are intended for restaurant dining uses only, bars or entertainment uses are to rema
closed. Shared dining areas for patrons of multiple restaurants in outdoor common areas such as plazas
parking lots are allowed and encouraged. Temporary outdoor dining areas are not permitted to occupy a
public streets unless within the Core District within the Downtown Downey Specific Plan. Any tempora
outdoor dining areas that create or cause an obstruction of sidewalks and other public rights -of -way require
encroachment permit from the Public Works Department.
ORDER NO. I OF THE DIRECTOR OF EMERGENCTSERTICES
PAGE 5
OPERATING STANDARDS
Restaurants operating with abammporory outdoor dining area are subject to, and must comply with the following!
! / Temporary outdoor dining areas are for outdoor dining purposes only. No live entertainment, music, or �
� amplification wfany kind.
Restaurants must beingood-standing with the City, have evalid business license, nopending health or
` code enforcement matters proceeding, and not delinquent in the payment of any business license fees or taxes
� owed the City. �
i b b b i di hd Temponaryouournngermeaoon�ua�dyonaormor�uanooe�a �
� � �
On -site seating atetable shall be limited to no more than R people inthe same party. �
� ~' Where all safety requirements are met, total of all dining areas cannot exceed original restaurant occupancy. �
� V Ou��oors�eUngensasvvithinmide�a|�s�md�u�|ioriQht�of+moyeh�Umeinbeinad�quet�and�m����nmcke� `
� - �
! pedestrian flow mfat least 4feet, must maintain ADA accessibility into and around all dining areas, access �
� to public uU|iUan, crosawa|he, bus mbmpn, and other required entnsnnaa/exito, access bofire hydrants and fire �
hose connections. �
The twenty (2O)foot fire lane shall not beobstructed edany time. �
An approved copy of the COVID-19 Temporary Catering Authorization Application submitted to the Alcoholic �
! Beverage Control must be included with the temporary outdoor dining application. i
All areas utilized for temporary outdoor dining must be made safe for dining byusing nigna8mand �
barriers, and, ifnecessary, temporarily modifying the traffic flow onthe property. Access hoand from apublic �
rights -of -way shall not be blocked or modified unless approved by the City though issuance of an
� encroachment penniL �
� !
Notents orcanopies allowed within outdoor dining areas, only unmbmaNae' /
! ~/ Restaurants and any temporary outdoor dining areas must maintain ADA accessibility into and around all �
� diningenmom.and must ensure that fire and emergenoyexits a�UU �-meeremain accessible and �mneefro�
� i
� obstruction. �
Restaurants and temporary outdoor dining areas must operate instrict compliance with the County Health �
Guidelines, as well as any orders and guidance for restaurants issued by local health officers; as the same
� may bemodified from time botime. �
Outdoor dining areas shall open no earlier, and close no later, than the restaurant's regular hours of `
' operation or10:00 p.m., whichever is earlier.
i
Every permittee shall be required to furnish the city with a certificate of insurance with coverage for property �
! �
� damage and personal injury for minimum combined single limit coverage of $2,000,000 naming the city, its �
� o��enm.�ge��andemp�yae��sedditione|inounado�Thieoed��at�ehaUp,ovidethedthi�y(3O)dayawrbban �
' .
� notice cfcancellation shall begiven bothe city. /
Restaurants and employees thereof shall comply with a8WCALIOSHA and California Department mfPublic �
� Health requirements.
!
There shall benopermanent installations ofcheiru.bsb�m.oanop�o.e�,w�hinthe public hgh�o�wmy �
; !
Temporary outdoor dining areas must be completely removed at the end of each business day. .
Business owner shall clean-up trash, debris, spills, etc. smthat they donot enter catch basins and storm drain
� system.
No utilities (overhead wiring/light fixtures, electrical cords, electrical outlets, etc.) will be allowed within the i
public right-of-way.
Future Unlimited
'
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 6
� A physical barrier (such as plants, temporary fencing, et jmu,tboproxidedNhadoepanateoandaeouremthm �
temporary outdoor dining area from parking areas, walkways, and other ouhdoorapeoeaaooeaaib|ebythe �
general public. �
� There must bea5-foot separation between the dining area and the drive aisle ordriveway. �
/ Nooutdoor dining shall belocated inparking lot areas within 30hwmt of a driveway entrance' �
The use orobstruction of any public sidewalk, o�nesd o||�y, or require �
� ' ' ' !
� encroachment permit from the Department of Public Works. Establishments will be required to comply with any �
conditions ofapproval, and operate instrict compliance with, any terms and conditions set forth inthe �
encroachment permit �
� � �
! � Outdoor dining areas shall not encroach into any driveways ordrive aisles intended for and used by !
� vehicular traffic. i
Restaurants serving alcohol in a temporary outdoor dining area must first obtain an ABC COVI D-1 9 Temporary
Catering Authorization License from the California Department of Alcohol and Beverage Control
(https://www.abc.ca.gov/abc-218-cvl9-instructions/.) Only those restaurants that are currently authorized to
engage in on -site alcohol sales in the City are permitted to provide alcohol service in a temporary outdoor
dining area, and establishments shall strictly comply with any and all requirements of the ABC and the
Temporary Catering Authorization License.
Restaurant owners and operators shall have the sole and exclusively obligation to ensure necessary approvals
from property owners, other establishments, the City, and the ABC (as applicable) prior to operating in a
temporary outdoor dining area, and shall bear all risks and liabilities associated with operating in a temporary
outdoor dining area. As a condition to operating, and as a condition to submitting a Registration Form,
restaurants must agree to defend, indemnify, and hold the City harmless for any liabilities relating to or arising
from operating in a temporary outdoor dining area. Restaurants are solely and exclusively responsible for
procuring and coordinating all operational aspects associated with a temporary outdoor dining area, including
but not limited to obtaining consent from property owners, adjacent establishments, and insurance providers.
Future Unlimited
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 8
All restaurants operating in a temporary outdoor dining area shall first register with the City by completing the
Temporary Outdoor Dining Application and obtain an Encroachment Permit from the Public Works
Departments, if applicable, prior to beginning operations in a temporary outdoor dining area. The restaurant
may, commence 22eration in the temporaN, outdoor di! i - . in submission
Application Form to the City, and operations shall strictly adhere to the information provided in the Guidelines
above.
The City reserves the right, at any time during the restaurant's operating hours, to conduct an inspection of any
temporary outdoor dining area to ensure compliance with these Guidelines. If necessary to ensure or enforce
compliance with these Guidelines, the County Health Guidelines, ABC requirements, other applicable orders/
laws, or to otherwise prevent or terminate a public nuisance, the City may, without advance notice, direct
changes or modifications to any temporary outdoor dining area or a restaurant's use thereof, and compliance
with the City's directives is a condition to continuing operating in a temporary outdoor dining area.
The City expressly reserves the right to terminate a restaurant's use of a temporary outdoor dining area,
without advance notice if:
the operation creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic
due to existing conditions on the surrounding public right-of-way if it finds the installation
represents a danger to the health, safety or general welfare of the public; or
if a business is deemed a public nuisance, does not comply with applicable laws, violates fire
safety or ADA accessibility requirements, or violates these Guidelines, the County Health
Guidelines, or applicable local health orders; and
the City may reguire the removal tem r
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- Future Unlimited -