HomeMy WebLinkAboutResolution No. 20-7954 - Approving Temp Closure of Downey Ave btwn 2nd & 3rd Streets for Temp Outdoor Business Use1:4 • Ituil 9 Lei 0 1 k, •;
A
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 (COVI D- 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, the Los Angeles County Department of Public Health on March 16, 2020
issued a Health Officer Order prohibiting all indoor and private gatherings and all outdoor public
and private events of no more than 50 people and later updated its Health Officer Order on
March 21, 2020 prohibiting all indoor and outdoor gatherings and events, and requiring all
businesses to cease in -person operations and close to the public, unless the business is
defined as an Esssential Business; 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, 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
reduced occupancy;
WHEREAS, Los Angeles County announced that the number of confirmed COVID-19
cases in the County as of July 13, 2020 was approximately 140,636 with 3,763 deaths and that
the County continues to see a high number of cases; 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, with the rising number of infections and deaths in Los Angeles County due
to the COVID-19 pandemic, Governor Newsom on July 13, 2020 ordered 30 counties in the
State, including Los Angeles County, to close indoor activities at fitness centers, places of
worship, offices for non -critical sectors, personal care services, such as hair salons and
barbershops, and indoor malls; and all 58 counties in the State to close indoor operations at
restaurants, wineries, tasting rooms, movie theaters, family entertainment centers, museums,
zoos and card rooms, and ordered all bars shuttered across the state.
WHEREAS, On July 14, 2020, the County of Los Angeles issued a revised Health
Officer Order, "Safer at Work and in the Community for Control of COVID-19" prohibiting indoor
operations of various businesses, in order to comply with the Statewide Public Health Officer
Order that was issued on July 13, 2020; and
WHEREAS, closing a portion of Downey Avenue between 2nd Street and 3rd Street to
�'-
operate will help local businesses remain open at close to normal occupancy levels, reduce the
economic impacts of the indoor closure order, and help reduce the spread of COVID-19, which
would otherwise be impossible under the current County closure order; and
WHEREAS, the stability of local businesses is important in the City of Downey, given the
number of small businesses in the Downtown Downey Core and the need to: (1) preserve the
existing commercial core of businesses, (2) minimize the job losses that may occur from
displacement, relocation, or closures of businesses, and (3) to attract new businesses in the
Downtown Downey Specific Plan area; and
WHEREAS, the Downtown Core area, as defined by the Downtown Downey Specific
Plan, has a unique physical character that provides an opportunity for use of the public right-of-
way areas, including sidewalks and parking areas, for temporary purposes subject to safety
standards set forth by the County of Los Angeles Public Health Officer and the issuance of an
encroachment permit by the Downey Public Works Department; 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 businesses, to allow and
encourage outdoor business uses subject to the following protocols and expedited review with
ratification by the City Council within seven (7) days of the issuance of the orders or regulations;
and,
WHEREAS, Vehicle Code Section 21101(e) permits the City to temporarily close a
portion of any street when in the opinion of the local authorities having jurisdiction, the closing is
necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
.:EREBY RESOLVE AS FOLLOWS:
SECTION 3. That pursuant to Vehicle Code Section 21101 (e), the City Council finds that
closing Downey Avenue between 2nd and 3rd Streets is necessary for the safety and protection
of persons who are to use that portion of the street during the temporary closing and hereby
authorizes its temporary closure.
SECTION 4. The closure of Downey Avenue between 2nd and 3rd Streets shall
remain in effect as set is in Emergency Order
4*16111k 0 0 1 . I
W-11cl:W
Rl *0 1 Lei 0 ff-IMIATMON UZI I
APPROVED AND ADOPTED this 28th day of July, 2020.
B mi A (,A oArw�rn
LANCA PACHECO, Mayor
mARiAfALICIA DuARTE(
CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council oi
the City of Downey at a regular meeting held on the 28 th day of July, 2020, by the following vote,
to wit:
AYES:
Council Members-
Ashton, Rodriguez, Saab, Frome
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN:
Council Member:
Mayor Pacheco
KAAF4A ALICIA DOARYE, CMC
City Clerk
EMERGENCY ORDER NO. 3
AUTHORIZING THE CLOSURE OF DOWNEY AVENUE BETWEEN 2 "d and 3rd
STREETS FOR TEMPORARY OUTDOOR BUSINESS USE
tI%_TAE_GWf'_0_F_D_W1
VECIT,41LS
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-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, the Los Angeles County Department of Public Health on March 16, 2020
issued a Health Officer Order prohibiting all indoor and private gatherings and all outdoor public
and private events of no more than 50 people and later updated its Health Officer Order on
March 21, 2020 prohibiting all indoor and outdoor gatherings and events, and requiring all
businesses to cease in -person operations and close to the public, unless the business is
defined as an Esssential Business; 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, 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
reduced occupancy;
WHEREAS, Los Angeles County announced that the number of confirmed COVID-19
cases in the County as of July 13, 2020 was approximately 140,636 with 3,763 deaths and that
the County continues to see a high number of cases; 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, with the rising number of infections and deaths in Los Angeles County due
to the COVID-19 pandemic, Governor Newsom on July 13, 2020 ordered 30 counties in the
•-r NO. 3 • THE DIRECTOR • EMERGENCY SERVICES
PAGE 2
ORDER NO. 3 OF THE DIRECTOR OF EMERGENCY SERVICE�
PAGE 3
A. All businesses located on Downey Avenue, between 2nd and 3 d Streets are
eligible to operate their businesses only on the public rights -of -way, sidewalks,
parking spaces and the closed portion of street on Downey Avenue between 2nd
and 3rd Streets and no other location.
B. Businesses that hold an existing license to serve alcohol from the California
Department of Alcoholic Beverage Control are permitted to exercise that license
in approved temporary outdoor areas, with approval of a COVID-19 Temporary
Catering Authorization Application (Form ABC-218 CV19).
C. Businesses are permitted to operate on the public rights -of -way, sidewalks,
parking spaces, and the closed portion of Downey Avenue between 2nd and Td
Streets, subject to safety and accessibility standards, conditions of approval
imposed by the City, and by obtaining an encroachment permit from the
Department of Public Works.
D. Businesses with an encroachment permit to operate on the public rights -of -way,
sidewalks, parking spaces, and the closed portion of Downey Avenue between
2nd and 3 rd Streets shall indemnify the City of Downey, and its officers, officials,
employees and agents from liability on a form approved by the City Attorney and
shall provide insurance as required by the Director of Public Works.
E. Businesses shall abide by the health guidelines and protocols issued by the
County Public Health Officer.
F. Businesses open no earlier, and close no later, than the businesses' regular
hours of operation or 10:30 p.m., whichever is earlier.
G. Restaurant bars are only allowed to sell alcohol with the purchase of food. No
bars or bar counter set-up is allowed in the public rights -of -way, sidewalks,
parking spaces, and the closed portion of Downey Avenue between 2nd and 3rd
Streets.
H. No televisions, live entertainment, dancing, music, or amplification of any kind is
allowed on the public rights -of -way, sidewalks, parking spaces, and the closed
portion of Downey Avenue between 2nd and Td Streets. Ambient music is allowed
only in accordant with Downey Municipal Code Article IV, Chapter 6, Section
4600 ("Noises").
I. That the City Manager acting as the Emergency Services Director is authorized
to waive the associated collection of encroachment permit fees.
J. This Order is effective immediately and shall remain in effect for 180 days or until
the State of California lifts the limitations on indoor business activities and
operations, whichever comes later. This order may be terminated sooner or
extended further by order of the Director of Emergency Services or the City
Council.
Ileuk- K-A W-73-710--l-
PAGE 4
Director of Emergency Services
Date
City Manager
�®\ I pw
Time
. a 0