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Home My WebLink AboutResolution No. 20-7957 - Guidelines and Procedures for Temp Outdoor Business Activity ProgramA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A TEMPORARY OUTDOOR BUSINESS ACTIVITY PROGRAM AND APPROVING GUIDELINES AND PROCEDURES FOR TEMPORARY USE OF PUBLIC STREETS AND PARKING STALLS WITHIN THE DOWNTOWN CORE CONSISTENT WITH LOS ANGELES COUNTY ORDERS FOR OUTDOOR BUSINESS ACTIVITIES 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, COVI D-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, 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 ESOLUTION NO. 20-7957 GE 2 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 AS, ihes�iability 6-Clio6ca—l"businesses is importa t 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 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 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 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. 111731� ie�� 111i: MEIV-&' IN I AVI I I ,, 11 Iiii I I BLANCA PAC CO, Mayor PAGE 3 men UZ01 M 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, Frometa •' • Member: • ABSENT: Council Member: • ABSTAIN: • Member: Mayor Pacheco W.W f3��1 poraq Outdoor Dng Guidelines and 1W 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 to progress further into "Stage 2" of the Governor's "Resiliency Roadmap" for responding to COVID-119. 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 their establishment to maintain social distancing. The County Health Guidelines can be found at the following link: DURATION/AUTHORITY 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 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 t# practice all COVID-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. OPERATING STANDARDS Future Unlimited CWIC CENTER LIBRARY POLICE DEPAR"rMFNT PARKS & RECREAT ION UTUTIES DIVISMN MAINTENANCE SERVICES Y111 B�00SHINE AVE i1121 BROOKSHIRE AVE:10911BROOKSi91Pt AIJL 1850 CULL DR Y RD 9252 SIEWAR I & GRAY 2324 RD[ I F OVVER BLVD 0 r3c X /016 n(' WNFY CAI IF PO BOX /016 DOWINIFY CAUFORNIA POWNLY, CAL H ORNIA DOWNEY CA IFORNIA DOWNF Y CAL {FORMA 90211 7016 DOWNEY CALH ORNIA 90242 90241 1016 90242 ,102,1 1 111116 562..90,1-7,%0 W)Z41 7C)IF, ��62 904 7238 5F,2 qO4 7202 -904 �2, SC,9-73 -3,562 94 '—d—ne Mz=. 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. Future Unlimited I CI�IC CENTER �JBRAR Y POIACE DEPARMENT PARKS & RECREATION L971LITIE4 DIVISION MAINTENANCESERVICES SEICES '1. 3 R( LOK�I?F ,AVE.:.IU�l HIMOWMAI- AVE '0191 13ROOKSHIRF AV, , G', 0 Q U ? , DR. 92,2 S'FWART & GRAY RC 1:267A HF1 F OWL,7 ILMD FO ROX , , V )OWNL Y CA,_0,WA PO __iox 11016 DCWNLY, CADFORNIA DOW" _Y � I ACIk ORIMA DO'MINCY, CAI_ Do"INEY AFOR41A 90241 1016 D0WV_Y ,02 4 2 90241 ' 6 902,12 9 0 � 1 11 7 � 1; 1 Z' ;62-904-1 160 56'�-904 7255 562_130�4"12(12 ✓ 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. 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 (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 ifrom 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 CIVIC CENT ER I-MRARY POLICE DEPARTMENT PARKS & RECREATION UTILITIES DIVISMN MANTENANCIE SERVICES 11_1' 3HUOKI RIF AW [IILIl bR00,<5HI7E AVE _0MI iROOKSHIRE, 18"0 Qu - 3R '7232 M AI AR' & ,,?AY RD '232A RIFIA `1 'DWIER BLV', Pi) BOX '0 6 DCVINFY CA � 0;RN0 CVO BOX W 61 iOWNIFY CAL 0RINIA ?OWN "I CAi IFO,,IIA D am,",V N F Y, C A,0, R N 1 A Ll,'AJIIFI :M F, iH I A 902- DOW", CAA 90242 IM241 '(1 6 1,/�M' C61 01 1%c 90211 '! 51 SG� 130,1 !� 18 �,6�� 104-,'202 562 904 " 91 6" 5fil" 11— I I [ME REGISTRATION WITH THE CITY/ENFORCEMENT 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 Future Unlimited CIV4CIC4ENTER'ir" LIBRARY PM C E DE A R T M E N F PARKS & RECREMR)N JTI�JTIFS DIV SION MAMTENANCE SERVICES V QU , , 'VAR' & G�,'Av -RD 1 41 VO P 0 X 0� -'C' C �I' A P'; 30X 1C7t. JCv, A i � 0 A -)C,' N \l no`Se%v 1',Fll-klp" ')'?'F N t302.7 3W41 ]MF, I'M 6 72,'8 iiz 2 ii '11-11 7 5, �, 2 3 Q4 71'11 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. 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 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 Unlimited CIVIC CENTER LIBRARY POLICE DEPARTMENII PARKS & RECPEAHON IMUTIES DIVISION MAINTENANCE S.RVICES 11 I �qOOK—,,' AVE...R� 11-21 BR,00,�SHIAVE.�OWI HR0()K-'-IRF, AV- :W10QL1IL DR '3 1 `, �' �� - �'NA I' i & SPAY R 1,1 3 �!,- RL- I L F -,vA1 E IR R LI/ D PO A ox .7QVVM-Y CAt !, ORM,1 `0 31)`t CM IORNI- P(WVN-Y, ;:,I, Ir A 00'AN1[,1, CA(.. C)0JV Nry C`I1 90241 ,Mi D0V1,,',FY 4)242 '10241-01C 10,1 7?-') ,02 -,F,2 969-77"" �—v 5F2-9,61 OY71 904 P91