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Home My WebLink About10. Adopt Reso Auth Temp Outdoor Business Activity ProgramCOVID-19 TEMPORARY OUTDOOR BUSINESS ACTIVITY PROGRAM AUGUST 25, 2020 PAGE 2 contending with require implementation of temporary adjustments to these regulations through implementation of the new L.A. County Orders. Shortly after the revised July 21, 2020 L.A. County Order, a City no -fee program was developed to implement the new protocols. Soon thereafter staff realized that some standards may be too burdensome for small businesses and should be reexamined. As such, the program guidelines were updated to remove and/or edit eight standards that would provide some relief to businesses that have been heavily impacted by the closures that resulted from the pandemic. The program was developed with the intent of assisting businesses impacted by the Governor's recent re -closure to permit the utilization of adjacent outdoor areas for business activity that can accommodate the spacing and safety protocols set by the County Health Officer. To date, 10 outdoor businesses applications have been submitted to the City. The Program will allow business owners and property owners the flexibility to designate outdoor walkways, sidewalks, or parking stalls for outdoor business activity. Affected businesses throughout the City are eligible for the Program, provided they meet required safety standards such as barriers around temporary outdoor areas, social distancing, separation from vehicle traffic, maintaining ADA accessibility, and clean up trash in and around the designated area. All affected businesses in the City are eligible to participate in the Program utilizing public and private property that can meet the temporary outdoor business activity criteria. Affected businesses located in the Downtown Core District as specified in the Downtown Downey Specific Plan are eligible to utilize the public sidewalks or street parking subject to meeting the safety standards and obtaining an encroachment permit. The Program is temporary and proposed as an aid to affected businesses striving to restart their businesses after the indoor business activity closures required by the latest update to the "Safer at Home Orders" to help slow the spread of COVID-19. The Program will be in place for 180 days or until the State of California lifts the limitations on indoor business activities and operations, whichever is later. Efficiency & Adaptability Economic Vibrancy FISCAL IMPACT The program waives fees that are intended to recover the costs of review and processing each application. The approximate cost to the City for the waiving of such fees is $3,600. ATTACHMENTS A — Resolution (with attached Program Guidelines) Attachment "A" MIXei WHEREAS, on July 21, 2020, the County of Los Angeles issued a revised Health Officer Order, "County Health Guidelines" establishing guidelines and protocols to allow sectors that are able to do so, to operate outdoors; and WHEREAS, the stability of local businesses is important in the City of Downey, and the City intends to assist affected local businesses with the forced closure of indoor business activities by developing a Temporary Outdoor Business Activity Program ("Program") to allow temporary utilization of outdoor areas on public and private property to provide services and conduct business activity, 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 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 Program is necessary to assist local fitness and personal service businesses as they would not otherwise be able to conduct business within the City given the required closure of indoor business activity necessary for public health; and WHEREAS, the Temporary Outdoor Business Activity Program will further provide for the economic recovery of local affected businesses, to allow and encourage outdoor business activity subject to the following protocols and expedited review, as set forth in Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, it is necessary to implement Program guidelines and procedures to ensure that use of the public right-of-way areas, including sidewalks and parking areas, for temporary purposes is conducted in manner consistent with local, county and state health safety directives and to protect the public health, safety and welfare while the County of Los Angeles Public Health Officer Order remains in effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitations are true and correct ' SECTION 2.. That the Temporary Outdoor Business Activity Program Guidelines and Procedures, attached hereto as Exhibit A, is hereby approved and enacted by the Downey City Council, SECTION 3. This Resolution shall remain in effect for 180 days or until the State California lifts the limitations on indoor business activities and operations, whichever comes later. 01 ANOWO r-INAP&I City Clerk 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 25 th day of August, 2020, by the followinif 14 vote, to wit: Womm ILYA M-1,116 - wlmqil� =-* 0 1-m MAI 10 �00� I AA MARIA a DUARTE, CMI City Clerk RESOLUTION PAGE t EXHIBIT A THE TEMPORARY OUTDOOR BUSINESS ACTIVITY PROGRAM GUIDELINESAND • '' Temporary Outdoor Business Activity Program Guidelines and Procedures F:Mffaei� The City of Downey has developed the following COVI D-1 9 Guidelines ("Guidelines") for Temporary Outdoor Business Areas in efforts to assist personal service salons and gyms/fitness studios with reopening in a manner that is consistent with local, county and state health safety directives. Specifically, these Guidelines authorize qualifying businesses to temporarily expand into a portion of the adjacent parking space, expanded walkway, or plaza to continue to conduct business in a safe manor and to accommodate patrons while abiding by social distancing guidelines and directives established by the revised Statewide Public Health Order, dated July 21, 2020. I IN-0 :lolfl L, I On July 13, 2020, 29 counties, including Los Angeles County, California Governor Gavin Newsom ordered closure for additional indoor operations for certain sectors which includes; gyms and fitness centers, hair salons and barbershops until further notice. However, an updated order issued on July 21, 2020 allows sectors that are able to operate outdoors to do so, subject to compliance with health guidelines and protocols issued by the County Public Health Officer ("County Health Guidelines") and state licensing agencies. These sectors specifically include gyms and fitness centers as well as personal service salons. For the purposes of this program, "personal service" in the City of Downey includes barbershops, beauty and nail salons (including permanent cosmetic facial shading). The County Health Guidelines can be found at the following link: https-//www,cdph,ca,gov/Proqrams/CIDIDCDC/Paaes/COVID-1 9/Guidance-of-Closure-of-Sectors-in- Response-to-COVI D- These Guidelines are effective immediately and will remain valid for 180 days or until the State of California lifts the limitations on indoor business activities and operations, whichever comes later. These Guidelines are approved by the City Council. Final determination for each temporary outdoor business activity location is based on unique conditions of each site. Businesses are encouraged to practice all COVID-19 safety protocols. Temporary outdoor business activity areas may be located citywide in public sidewalks, outdoor common areas of the adjacent business premises, such as walkways, plazas and parking lots; subject to approval of the property owner. These outdoor areas are intended for gym/fitness facilities, and personal service salons. Any temporary outdoor business areas that create or cause an obstruction of sidewalks and other public rights -of - way require an encroachment permit from the Public Works Department. SMN MAIN—ENANCF S7RV!,--E.z �VW r.FMT[ R POI ICE DFPAPTPJUN F FARI',� 10 r wc� -ZLI - C IL: 41 A ro,", NRIF C,,LIFOFJ'11J 91, 11 46�1 D-1 A'111,—,—� ASSUMPTION OF RISK/RESPONSIBILITY Business owners and operators shall have the sole and exclusive obligation to ensure necessary approvals from property owners, other establishments and the City, prior to operating in a temporary outdoor business area, and shall bear all risks and liabilities associated with operating in a temporary outdoor area. As a condition to operating, and as a condition to submitting an Application Form, businesses must agree to defend, indemnify, and hold the City harmless for any liabilities relating to or arising from operating in a temporary outdoor business area. Businesses are solely and exclusively responsible for procuring and coordinating all operational aspects associated with a temporary outdoor business area, including but not limited to obtaining consent from property owners, adjacent establishments, and insurance providers. All businesses operating in a temporary outdoor area shall first apply with the City by completing the Temporary Outdoor Business Activity Application and obtain an Encroachment Permit from the Public Wor Departments, if applicable, prior to beginning operations in a temporary outdoor area. The business may commence operation in the temporary outdoor area upon written approval of the complete and accurate Application Form submitted to the City. Operations must strictly adhere to the information provided in the Guidelines above. I The City reserves the right, at any time during the business' operating hours, to conduct an inspection of any temporary outdoor area to ensure compliance with these Guidelines. If necessary to ensure or enforce compliance with these Guidelines, the County Health Guidelines, other applicable orders/ laws, or to otherwiss- prevent or terminate a public nuisance, the City may, without advance notice, direct changes or modifications to any temporary outdoor area or a business' use thereof, and compliance with the City's directives is a condition to continuing operating in a temporary outdoor area. The City expressly reserves the right to terminate a business' use of a temporary outdoor area, 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 is health orders; and the City may require the removal, temporary or permanent, of the sidewalk business activity 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. CFPTFR LhCF-F` POLICE DEFIARTMF,B4T PArO,S N F1UREMt0N lMLIT1U DIVISECH MANTEN4V7C SERVICF, ;;HIPF �' 7�1',IIILL 11r, -IT 12',- S-W,'J r r, R N! FP -OrI\J 1, ow II E iALIF OPNI„', DL ViI IF cl',LIPC'PIJI,u 1,-, 0 V` 1�', -0M �LIFC,RNI,l 90, 1 -0 , -I I 1—jr, 0 all IT OPERATING STANDARDS FOR OUTDOOR PERSONAL SERVICE AREAS applicable businesses shall provide a completed copy of the Outside Services Check -list for Establishments provided by the Board of Barbering and Cosmetology with application. All hair salon and barbershop services shall implement the COVID-19 Industry Guidance provided by the California Department of Public Health and Cal/OSHA dated July 20, 2020. V Temporary outdoor business areas must be on same site as such business or on a commercial property that allows such use with property owner approval. Businesses may be conducted in an Outdoor Business Area daily between the hours of 7 a.m. and 10 p.m. v/ The abutting sidewalk area must maintain a minimum clear pathway of at least four feet (4') in width. Temporary outdoor business areas must maintain ADA accessibility into and around temporary area, and must ensure that fire and emergency exits at -all -times remain accessible and free from obstruction. If site conditions do not allow closure of drive aisle, there shall be signage indicating to watch for pedestrians, at the entrance of the drive aisle. Businesses must be in good -standing with the City, have a valid business license, no pending code enforcement matters proceeding, and not be delinquent in the payment of any business license fees or taxes owed to the City. V Electrical extension cords may be used in the Outdoor Business Area subject to the following: • Extension cords shall be listed and labeled as outdoor rated in accordance with UL 817. • Extension cords shall be secured in a manner that is compliant with ADA accessibility standards, does not impede any person's path of travel and does not constitute a tripping hazard. • All extension cords shall be disconnected from their electrical sources each day at the conclusion of operations in the Outdoor Business Area. Temporary barriers shall be no more than 42 in height and can be stanchions, planters, wood or metal fence, or water -filled k-rail barriers. v" Covered K-rail barriers are automatically required for temporary outdoor business areas adjacent to a street with a speed limit greater than 15 mph. 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 thirty (30) days written notice of cancellation shall be given to the city. There shall be no live entertainment, music, or amplification of any kind within the temporary outdoor business areas. v" The twenty -foot (20') fire lane shall not be obstructed at anytime. v/ Business owner shall clean-up trash, debris, spills, etc. so that they do not enter catch basins and storm drains. v/ ADA accessibility parking stalls shall not be obstructed or used for temporary Outdoor Business Areas. LA County Requirements for Personal Services htto.-//Publichealth.lacountv.gov/media/Coronavirus/docs/protocolsReopening_LlairSalons Barbershoos,pd, Rpinv�� , 'I�VIr, CERPTER LIDP"Ry POUNCE DER,„ PTHLII PAR,l IR RECRFATION UTILME' NVMCIN MAWTENANCE SERVMES 04,�.') RE e' VE M'M1 PIP' OV EHWF 'E OiW EtR�,C,R 11ipr 1650 GINLL LR _WAPT Y OrAl' PLCI F,ELLFLI"'WER BLVC F�� rlcel Pfl(, r'_".,.f, F',, " rM F,,PN1 PC, Rl� —01o, r,11_,',VNF1, CAoFCIF:NLA r�1:� " 1i TO( *PERATING STANDARDS FOR OUTDOOR GYM/FITNESS CENTER AREAS v" Temporary outdoor business areas must be on same site as such business or on a commercial property that allows such use or commercial property that allows such use, with property owner approval. All gym/fitness centers shall implement the COVID-19 Industry Guidance provided by the California Department of Public Health and Cal/OSHA dated July 1, 2020. v/ Businesses may be conducted in an Outdoor Business Area daily between the hours of 7 a.m. and 10 p.m. v/ The abutting sidewalk area must maintain a minimum clear pathway of at least four feet (4') in width. v/ Temporary outdoor business areas must maintain ADA accessibility into and around temporary area, and must ensure that fire and emergency exits at -all -times remain accessible and free from obstruction. if site conditions do not allow closure of drive aisle, there shall be signage indicating to watch for pedestrians, at the entrance of the drive aisle. Businesses must be in good -standing with the City, have a valid business license, no pending code enforcement matters proceeding, and not delinquent in the payment of any business license fees or taxes owed to the City. V Electrical extension cords may be used in the Outdoor Business Area subject to the following: o Extension cords shall be listed and labeled as outdoor rated in accordance with UL 817. • Extension cords shall be secured in a manner that is compliant with ADA accessibility standards, does not impede any person's path of travel and does not constitute a tripping hazard. • All extension cords shall be disconnected from their electrical sources each day at the conclusion of operations in the Outdoor Business Area. Temporary barriers shall be no more than 42" in height and can be stanchions, planters, wood or metal fence, water -filled k-rail barriers. Covered K-rail barriers are automatically required for temporary outdoor business areas adjacent to a street with a speed limit greater than 15 mph. 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 thirty (30) days written notice of cancellation shall be given to the city. There shall be no live entertainment, music, or amplification of any kind within the temporary outdoor businesi, areas. The twenty -foot (20') fire lane shall not be obstructed at anytime. Business owner shall clean-up trash, debris, spills, etc. so that they do not enter catch basins and storm drains. v/ ADA accessibility parking stalls shall not be obstructed or used for temporary Outdoor Business Areas. 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