HomeMy WebLinkAbout09. Adopt Reso Extending Executive Order No 1 - Temporary Outdoor Dinning ProgramItem No.
APPROVED BY
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER h - BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENI�(<,
DATE: AUGUST 25, 2020
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On June 9, 2020, the City Council ratified Executive Order No. 1 authorizing a temporary
outdoor dining program for restaurants throughout the City that faced reduced occupancy due to
County Health Officer Orders resulting from the Covid-19 pandemic. The Program allows
restaurants the flexibility to designate outdoor walkways, sidewalks, or parking stalls for outdoor
iining. Twenty-seven restaurants throughout the City have submitted applications to take
advantage of the Program and establish temporary outdoor dining areas.
The Executive Order was originally issued shortly after the reopening of restaurants as part of
the Governor's incremental reopening. At that time, the program was approved for a 90 day
period with potential to extend if needed. The original 90 day period is set to expire on
September 2, 2020.
The County Health Officer has since issued more restrictive orders that prevent restaurants
from utilizing any indoor dining. For this reason, the temporary outdoor dining program remains
a critical program to provide opportunities for local restaurants to remain in business during the
pandemic.
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AUGUST 25, 2020
PAGE 2
would provide some relief to businesses that have been heavily impacted by the closures that
resulted from the pandemic.
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A — Resolution (with Emergency Order No 4 Authorizing a Temporary Outdoor Business
Activity Program attached as an Exhibit to the Resolution)
Attachment "A"
WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's
approval of the County's plan to move business sectors and activities further into "Stage 2" of
California's "Pandemic Resilience Roadmap";
WHEREAS, during the reopening of business sectors and activities, the number of
infections and deaths in Los Angeles County due to the COVI D-1 9 pandemic have sharply
increased causing Governor Newsom on July 13, 2020 to order 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; and,
WHEREAS, consistent with the Governor's announcement, on July 14, 2020, Los
Angeles County Department of Public Health announced that the "Safer at Work and the
Community for Control of COVI D-1 9" reopening would require closure of the indoor activities of
Los Angeles County businesses in the Governor's order with no end date; and,
WHEREAS, Los Angeles County Department of Public Health continues to order that
County residents remain in their residences as much as practicable; to limit close contact with
others and limit social gatherings outside their household; to continue to practice Social
(Physical) Distancing, at all times while out in public; and to wear a cloth face covering over both
the nose and mouth when in or likely to be in contact with others, to lower the risks of person -to -
person contact for themselves and others; and,
WHEREAS, on June 4, 2020, the City Manager acting as the Emergency Services
Director issued Emergency Order No. 1, attached hereto as Exhibit A, authorizing the
Temporary Outdoor Dining Program which allows restaurants to utilize adjacent outdoor areas
to serve food and drinks to customers on private property and public streets and parking stalls
within the Downtown Core.
WHEREAS, on June 9, 2020, Emergency Order No. 1 was ratified by resolution of the
City Council; and,
WHEREAS, the City intends to assist local restaurant businesses with their loss of
seating capacity by continuing its Temporary Outdoor Dining Program, expiring September 2,
2020, to allow temporary utilization of outdoor areas on public and private property to serve food
and drinks to customers, subject to updated operational standards set by the County of Los
Angeles Public Health Officer and City of Downey; and,
WHEREAS, in order to continue to comply with State and County orders, to lower the
risk of spread of COVI D-1 9, and to allow businesses to continue to operate safely during this
time of economic recovery, the City Council extends Emergency Order No. 1 as set forth in this
Resolution.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
A'IEREBY RESOLVE AS FOLLOWS:
SECTION 1. To extend Emergency Order No. 1 authorizing the updated Temporary
Outdoor Dining Program attached hereto as Exhibit A. Emergency Order No. 1 is extended fo
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
order of the Director of Emergency Services or the City Council. I
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
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MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council 93
th f 11
the City of Downey at a Regular Meeting held on the 25 day of August, 2020, by the o lowi•
vote, to wit:
AYES:
Council Membe
NOES:
Council Membe
ABSENT:
Council Member]
ABSTAIN:
Council Membe
MARIA ALICIA DUARTE, CMC
City Clerk
EMERGENCY ORDER
GILBERT A. LIVAS
City Manager and Emergency Services Director
EMERGENCY ORDER NO. I
AUTHORIZING A TEMPORARY OUTDOOR DINING PROGRAM
IN THE CITY OF DOWNEY
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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 Departmeni
of Public Health on March 16, 2020 issued a Health Order prohibiting all indoor and private
.vatherings 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 a
iutdoor public and private events, and that restaurants and other food facilities that prepare
?nd serve food to continue only drive -through, delivery, and take out services; and —
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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
which permitted restaurants to utze 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
temn,orar,%f utilization of outdoor a te
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 d •suoiect to the followi rotocols and exoedited
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 tha
Governor lifts the limitations on inside dining.
1. Pursuant to the May 29, 2020 County of Los Angeles announcement of the
State's approval of the County's plan to move further into "Stage 2" of the State's "Resiliency
Roadmap" which permits 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 to
further provide for the economic recovery of our local restaurants, outdoor dining is allowed and
encouraged subject to the following protocols and expedited review, as set forth in the
"Temporary Outdoor Dining Program" as set forth in Exhibit "A" attached hereto and
incorporated herein by reference.
2. Restaurants participating in the Temporary Outdoor Dining Program shall a�m
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 California
Department of Alcoholic Beverage Control are permitted to exercise that license
in the temporary dining areas approved through the Program, subject to
compliance with the COVID-19 Temporary Catering Authorization Application
(Form ABC-218 CV1 9);
C. Restaurants located within the Downtown Core, as defined in the Downtown
Downey Specific Plan, are permitted to utilize public rights -of -way including
sidewalks and parking spaces subject to safety standards and obtaining an
encroachment permit from the Department of Public Works;
D. Restaurants shall abide by the health guidelines and protocols issued by thG
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 to
enact said Program with no fee and waive the collection of encroachment permit fees
associated with this Program; and
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City Manager
ORDER NO. 1 OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 4 EXHIBIT A I
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PURPOSE
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. Specifically, these Guidelines authorize qualifying restaurants to
pand their existing dining areas into a temporary outdoor dining area to accommodate patrons while abiding
by social distancing guidelines and directives.
BAC&GROIAD
On May 29, 2020, California Governor Gavin Newsom approved a request from the County of Los Angeles to
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;
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 their
establishment to maintain social distancing. The County Health Guidelines can be found at the following link:
http-//publichealth.lacountv.Rov/media/Coronavirus docsZprotocols/Reor)ening Restaurants.pdf
DURATIORAITAORI I T
These Guidelines are effective immediately and will remain valid for 180 days or until the State of California
lifts the limitations on indoor business actives and operations, whichever comes later. These Guidelines art
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-44
practice all COVI D-1 9 safety protocols.
WHERE PERMITTED
Temporary outdoor dining areas may be located citywide in public sidewalks, outdoor common areas of the
restaurant premises, such as walkways, plazas and parking lots; subject to approval of the property owner.
The outdoor areas are intended for restaurant dining uses only, bars or entertainment uses are to remain
closed. Shared dining areas for patrons of multiple restaurants in outdoor common areas such as plazas or
parking lots are allowed and encouraged. Temporary outdoor dining areas are not permitted to occupy any
public streets unless within the Core District within the Downtown Downey Specific Plan. Any temporary
outdoor dining areas that create or cause an obstruction of sidewalks and other public rights -of -way require an
encroachment permit from the Public Works Department.
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11RDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 5
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Restaurants operating with a temporary outdoor dining area are subject to, and must comply with the following,
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Temporary outdoor dining areas are for outdoor dining purposes only. No live entertainment, music, or
amplification of any kind.
Restaurants must be in good -standing with the City, have a valid business license, no pending health or
code enforcement matters proceeding and not delinquent in the payment of any business license fees or taxes
owed the City.
V" Temporary outdoor dining areas can be used by one or more businesses.
On -site seating at a table shall be limited to no more than 6 people in the same party.
Outdoor seating areas within sidewalks and public rights -of -way shall maintain adequate and unobstructed
pedestrian flow of at least 4 feet, must maintain ADA accessibility into and around is areas, access
to public utilities, crosswalks, bus stops, and other required entrances/exits, access to fire hydrants and fire
hose connections.
The twenty (20) foot fire lane shall not be obstructed at any 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.
V All areas utilized for temporary outdoor dining must be made safe for dining by using signage and
barriers, and, if necessary, temporarily modifying the traffic flow on the property. Access to and from a public
rights -of -way shall not be blocked or modified unless approved by the City though issuance of an
encroachment permit.
Restaurants and any temporary outdoor dining areas must maintain ADA accessibility into and around all
dining areas, and must ensure that fire and emergency exits at -all -times remain accessible and free from
obstruction.
Restaurants and temporary outdoor dining areas must operate in strict compliance with the County Health
Guidelines, as well as any orders and guidance for restaurants issued by local health officers; as the same
may be modified from time to time.
Outdoor dining areas shall open no earlier, and close no later, than the restaurant's regular hours of
operation or 10:00 p.m., whichever is earlier.
When locating in a public -right-of-way, 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 officers, agents and employees as additional insureds. This certificate shall
provide that thirty (30) days written notice of cancellation shall be given to the city.
Restaurants and employees thereof shall comply with all CAL/OSHA and California Department of Public
Health requirements.
There shall be no permanent installations of chairs, tables, canopies, etc., within the public right-of-way.
Business owner shall clean-up trash, debris, spills, etc. so that they do not enter catch basins and storm drain
system.
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CIVIC CENTER
LIBRARY
POLICE DEPARTMENT
PARKS & RECREATION
UTILITIES DIVISION
MAINTENANCE SERVICES
11 it BROOKSHIRE AVE
11121 13POOKSHIRE AVE
10911 BROOVSHIPF AVE
7850 QUILL DR,
QZS� STEVVA RT A cRAY RCS
I'S24 BELLFLOWER BLVD
P0 IS LIN, 7016
LIOWNEY, CALIFOrNIA
SO BOX _1016
DOW-E), CALIFORNIA
DOWNEY, CALIFORNIA
DOWNEY, CAUFORNIA
DOWNEY, CALIFORNIA
9 0241-701F
902AI-7016
562-904-7360
DOWNEY, CALIFORNIA
90_141-7056
9024-
SC>-904-7238
90-41-11016
56_'_901-7202
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 6
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A physical barrier (such as plants, temporary fencing, etc.) must be provided that separates and secures the
temporary outdoor dining area from parking areas, walkways, and other outdoor spaces accessible by the
general public.
The use or obstruction of any public sidewalk, street, alley, or other public -right-of-way shall first require an
encroachment permit from the Department of Public Works. Establishments will be required to comply with any
conditions of approval, and operate in strict compliance with, any terms and conditions set forth in the
encroachment permit.
......................... ................. ............... .............. ...... .............. ...................
C so 101 Wlfll 14 _*; - V
Restaurants serving alcohol in a temporary outdoor dining area must first obtain an ABC COVID-19 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.
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CIVIC CENTER
LIBRARY
POLICE DEPARTMENT
PARKS A RECREATION
UTILOTtES DIVISION
MAINTENANCE SERV5CFS
II TI BROCAKSHIRE AVE
11111 BROOKSHIRE AVE
109H BROOVSHIPE AVE
7850 QWLL DR
9252 STEWART & CRAY RD
12324 BELLFLOVVER BLVO
PO BOX -1016
LOWNEY, CALIFORNIA
PO BOX 706
DOWEY, CAUFORNIA
DOWNEY, CALIFORNIA
DOWNEY, CALIFORNIA
ROWNEY, CALIFORNIA
9024�-70%
90241—DIE
562-90 4-71,60
DOWNEY, CALIFORNIA
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ORDER NO. 1 OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 7
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CIVIC CENTER
LIBRARY
POLICE DEPARTMENT
PARKS A RECREATION
UTILITIES DIVISION
MAINTENANCE SERVICES
11111 BROOKSHIRE AVE
11111 BROOISHIRE AVE
10011 BROOKSHIRE AVE
7850 QUILL DR
9252 STEV,ART -1 GR/,Y RD
1 , '3— BE' - I - LFOIXER PLVD
C, PBOY 7016
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DOWNEY, CALIFORNIA
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ORDER 1%0. 1 OF TAE 10TREUTUR OF EllUE-RGE-ACTSERTUM
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
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Application Form to the City, and operations shall strictly adhere to the information provided in the Guidelines
above.
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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 are
without advance notice
• 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 require the removal, temporary or permanent, of the sidewalk dining space when
redevelopment or improvements of the street or sidewalk, or utility repairs necessitates such
action, or the permittee fails to comply with the criteria set forth in existing City ordinances.
CIVIC CENTER
LIBRARY
POLICE DEPARTMENT
PARKS & RECREATION
UTILITIES DIVISION
MAINTENANCE SERVICES
lull BROOKSHIRE AVE
11121 BROOKSHIRE AVE
10911 BROOKYHIRE AVE
7850 QUILL DR
9252 STEWART A TRAY RD 123-4 BELLFLOWER BLVD
PO BOX 7016
DOWNEY, CALIFORNIA
PO BOX 7016
DOWNEY, CALIFORNIA
DOWNEY CALIFORNIA
DOWNEY, CALIFORNIA
DOWNEY, CALIFORNIA
90241-7016
DOWNEY, CALWORNIA
9024-
90241-7016
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