HomeMy WebLinkAboutResolution No. 20-7956 - Extending Executive Order No 1 - Temporary Outdoor Dinning ProgramA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
EXTENDING EXECUTIVE ORDER NO. 1 WHICH AUTHORIZED A
TEMPORARY OUTDOOR DINING PROGRAM TO ALLOW BUSINESSES TO
UTILIZE ADJACENT OUTDOOR AREAS TO SERVICE CUSTOMERS WHEN
PREVENTED FROM INDOOR ACTIVITY DUE TO GOVERNOR OR COUNTY
ORDERS
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WHEREAS, on March 4, 2020, the Governor of the State of California declared a State
of Emergency in response to the COVID-19 pandemic; and,
WHEREAS, on March 4, 2020, the Health Officer of Los Angeles County determined
that there is an imminent and proximate threat to the public health from the introduction of
COVID-19 in Los Angeles County, and declared a Local Health Emergency, and the Los
Angeles County Board of Supervisors concurrently proclaimed the existence of a local
emergency for the County of Los Angeles; and,
WHEREAS, on March 13, 2020, the President of the United States declared a Nationa,
Emergency due to the continuing spread and the effects of COVID-19; and on March 16, 2020,
2nnounced guidelines advising people to avoid gatherings of ten (10) or more persons for—i
period of fifteen (15) days; and
WHEREAS, on March 15, 2020, the Governor announced via press conference that he
was: (1) calling for home isolation for adults over the age of sixty-five and individuals with
chronic conditions; (2) directing the closure of bars, brewpubs, wineries, and nightclubs; and (3)
calling for restaurants to limit occupancy to half their current allowance and practice social
distancing; and,
WHEREAS, on March 16, 2020 (and expanded on March 19, 2020), Los Angeles
County Department of Public Health instituted the "Safer at Home" order to control the spread of
COVID-19, which among other things, temporarily prohibits all events and public gatherings of
10 or more people, and the closure of non -essential businesses and areas;
WHEREAS, on March 18, 2020, the City Manager, acting as the Director of Emergency
Services for the City of Downey, proclaimed the existence of a Local Emergency due to the
spread and potential further spread of COVID-19, which the City Council for the City of Downey
ratified at its regular meeting on March 24, 2020; and
WHEREAS, in April 2020, the Governor and the State Public Health Officer articulated a
4 Stage framework ("California Pandemic Resilience Roadmap") to reintroduce business
sectors and activities in a phased manner to protect the public health and safety and lower
COVID-19 transmissions and outbreaks in the community; and
WHEREAS, on May 13, 2020, the County of Los Angeles announced its "Reopening
Safer at Work and in the Community Revised Order" moving the County of Los Angeles through
"Stage 2" of "California's Pandernic Resilience Roadmap"; and
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";
PAGE 2
WHEREAS, during the reopening of business sectors and activities, the number of
infections and deaths in Los Angeles County due to the COVID-19 pandemic have sharply
increased causing Governor Newsom on July 13, 2020 to order 30 counties in the State,
illn-cll-u"d,in,g,,�9�,Mg�*��qq.yhty� to, -close- indoor, actilly,it'ies""at, fitti-ess—cen ters, .0aces.,,of Vorshi
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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,
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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,
11AEREAS, 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. I 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,
1VAEREAS, in order to continue to comply with State and County orders, to lower the
risk of spread of COVID-19, 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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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 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.
SECTION 2. 11 1he City Clerk shall certify to the adoption ofit'i'lis Resolution.
OLUTION NO. 20-79%
'Fr,AGE 3
APPROVED AND ADOPTED this 25th day of August, 2020.
A PACHECO, Mayor
N
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 following
vote, to wit:
AYES:
Council Members'.
Ashton, Rodriguez, Saab, Frome
NOES:
• Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN:
Council Member:
Mayor Pacheco
IE
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11"UH91M
GILBERT A. LIVAS
City Manager and Emergency Services Director
EMERGENCY ORDERFIO. 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 ft
Director of Emergency Services is authorized to proclaim the existence or threatened existerA--6
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-119) is a respiratory disease that may result in
serious illness or death and is easily transmissible from person to person and poses condons
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-1 9 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 i
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
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
iinii ur•mimi'%
WIRDER NO. 1 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;
WHEREASi, on �Mpy �9,- 202q� th&� Couqtyw,of gelesannounced
approval of the County's plan to move further into "Stage Z' 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
temporary utilization of outdoor areas on 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
P Ajkvi1z)�
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 rwert4 her rovide ocal r
and to fu*rther rovide for the economic recovery of I
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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
ROodmap"-which permits -restaurants -to uze-the-indoor -dining areas -subject -to safe
protocols and reduce occupancy to no more than 60 percent of prior maximum seating, and 11.4
further provide for the economic recovery of our local restaurants, outdoor dining is allowed a
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 alst
follow the following guidelines:
P4GE 3
A. All restaurants in the City are eligible to participate in the Program with property
owner authorization;
Restaurants that hold an existing license to serve alcohol from the Californ
Department of Alcoholic Beverage Control are permitted to exercise that Ilicen
in the temporary dining areas approved through the Program, subject
compliance with the COVID-19 Temporary Catering Authorization Applicati
(Form ABC-218 CV1 9); 1
C. Restaurants located within the Downtown Core, as defined in the Downtol
Downey Specific Plan, are permitted to utilize public rights -of -way includirrIs
sidewalks and parking spaces subject to safety standards and obtaining
encroachment permit from the Department of Public Works; i
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 t
Temporary Outdoor Dining Guidelines and Procedures application attached
hereto as Exhibit A; and I
F. That the City Manager acting as the Emergency Servics Director is authorized U
enact said Program with no fee and waive the collection of encroachment permit fees
associated with this Program; and
t*ertA. Livas Date Time
City Manager
ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 4 EXHIBIT A
TEMPORARY OUTDOOR DINING PROGRAM GUIDELIVES
C�tyofbownqy
Tennpor4q Outdoor Dining, Guidelines and
-Procedures
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
expand their existing dining areas into a temporary outdoor dining area to accommodate patrons while abiding
by social distancing guidelines and directives.
BACKGROUND
On May 29, 2020, California Governor Gavin Newsom approved a request from the County of Los Angeles
progress further into "Stage 2" of the Governor's "Resiliency Roadmap" for responding to COVID-19. With th
approval, "dine -in" restaurants are now permitted to open/ operate in Downey and elsewhere in the Count
t
subject to compliance with health guidelines and protocols issued by the County Public Health Officer ("Coun,
Health Guidelines"). The County Health Guidelines, among other things, direct restaurants to prioritize outdo
seating and curbside pick-ups, and requires restaurants to adjust maximum occupancy rules inside th
establishment to maintain social distancing. The County Health Guidelines can be found at the following lin
_OM•�4 I
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-1 9 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.
Future Unlimited
PA k K 5 k E W, A .q U i T F 5 A 11 Aube. E S F R, V! I rap
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ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 5
OPERATING STANDARDS
Restaurants operating with a temporary outdoor dining area are subject to, and must comply with the following,
Future Unlimited
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*RDER NO. 1 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, walk�ys, and other outdoor spaces accessible by the
generW public.
There must be a 5-foot separation between the dining area and the drive aisle or driveway.
No outdoor dining shall be located -in parking lot areas wn 30 feet of a driveway entrance'
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.
Outdoor dining areas shall not encroach into any driveWays or drive aisles intended for and used by
vehicular traffic.
Restaurants serving alcohol in a temporary outdoor dining area must first obtain an ABC COVID-1 9 Temporary
Catering Authorization License from the California Department of Alcohol and Beverage Control
(hftps://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.
11-dr(C-13:1 I T-Acilsrreij ilgailon Yo 0119M necessary approvais
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 aaree to deferd-.J-ide-Fvrifv. a -id Wold g.
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Future Unlimited
IRDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES
PAGE 8
M L
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, Por to beginnin o erabons in__�_ ry���i Arep�_The restaurant
may commence operation in the temporary outdoor dining area upon submission of the complete and accurate
Application Form to the City, and operations shall strictly adhere to the information provided in the Guidelines
above.
YMFChIn,ewe M-F7 Me-Ul afrani s operating MUG, to conauct an inspection oT 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.
,Ydeerll - -d-len-wmarj-ull ining 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 local health orders; and
0 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.
Future Uhl
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