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HomeMy WebLinkAbout14. Provide Direction to Staff regarding Downey Ave Street Closure btwn 2nd & 3rd StC1 yoiDowne AGENDA MEMO Is •.: - •: -• .:tom. - • - .. r I- • • •. �: •. - -• • SEPTEMBER 22, 2020 PAGE 2 Emergency Order Ro. 3 allows for businesses that are located within the closed portion of Downe7 Avenue to obtain a no -fee outdoor dining and encroachment permit to operate within the closure area; the permit is required so as to indemnify the City from liability. All businesses providing outdoor services are to abide by State, Los Angeles County Health Department, and Alcohol Beverage Control regulations specific to their type of business. Restaurants and restaurant bars are only allowed to sell alcohol with food, and are not to allow for outdoor televisions, live entertainment, dancing, music, or amplification of any kind. Businesses are to open no earlier, and close no later than the businesses' regular hours of operation, or 10:30 p.m. (with final call being al 10:00 p.m.), whichever is earlier. Since the aforementioned council meeting, city staff has worked with businesses within the Downey Avenue street closure area to expeditiously allow for the creation and build -out of outdoor dining areas, better known as parklets. Staff has processed and approved four dining parklets to - date, with an additional two restaurants, Ola and Carmen's Bionicos, currently showing interest in building -out. Staff has continued to work with the District@Downey (also known as the Downtown Downey Association) to both coordinate street closure efforts, and gather information to assess the impact the street closure has had on downtown area businesses. On August 25, 2020, District@Downey staff e-mailed, mailed and hand -delivered questionnaires to the businesses in the downtown. Among other things, the questionnaire requested the businesses' input in regards to the street closure and whether their business had been impacted by the change. Eight surveys were received, with four businesses supporting the reopening of Downey Avenue, and four businesses against As a follow-up, the District@Downey board, at their regularly scheduled meeting of September 1, 2020, thoroughly discussed the street closure, and after a lengthy dialogue, approved a motion, with four board members approving, two denying, and one abstaining, to reopen Downey Avenue to traffic, while working -out parklet logistics and sizing with the City. Various City and County departments have also been tasked with assisting in managing street closure business activities. The Downey Police Department has received 18 calls for service since Downey Avenue closed on the weekend of July 25, 2020; the following lists the types of calls received: • Individuals Causing a Disturbance; • Municipal Code Violation; • Music Disturbance; • Fights; • Drunk Individual in Public; • Assault and Battery; and • Burglary Alarm. The City Code Enforcement Division received one call, regarding a restaurant bar placing their amplified sound speaker on a public post. CLOSURE OF DOWNEY AVENUE BETWEEN 2ND AND 3RD STREETS SEPTEMBER 22, 2020 PAGE 3 The Los Angeles County Health Department also received one call for service for the street closure area, and found on further inspection that one restaurant bar serving outdoors, had three violations: 1) Required protocols not posted, 2) one server was not wearing a mask, and 3) there was not enough social distancing between patrons. Anecdotal evidence suggests that patron lunch traffic has not increased on Downey Avenue since the street closure; vehicular traffic and evening business activities have remained steady throughout this period. Furthermore, businesses to the north of the street closure have not expressed concerns, while businesses to the south of the closure have communicated their concerns regarding the impact on available parking in the immediate closure's vicinity, and negative impact on their businesses. Additionally, businesses have expressed a concern regarding the allowable size of parklets in the closure area, being that the west side of the street is angled parking, allowing for deeper parklet sizes, versus the east side of the street, which has parallel parking, thereby allowing parking -stall size parklets. It must be noted that parallel parking conditions is the normal and current situation in surrounding parklet-friendly communities, and the businesses within these communities have benefited from these size parklets. I *Tel I F 1 To R�MMFF a #M741 1 a MaIllal Manual bollards, meaning the bollards would have to be installed and removed manually by city staff, are estimated at a cost of $65,000, while the installation of automatic bollards would cost 2pproximately $145,000. AJAAI• :j :4 Lei-NI11114.9 0 11 K401116MIM"T � FISCAL IMPACT The approximate cost to the City for the waiving of outdoor dining and encroachment fees is $3,600. Additionally, the rental of concrete K-Rails for 180 days has a cost of $1,500, and is paid for, initially, using the City's General Fund, with the intent of seeking reimbursement by the Federa' CARES Act funding. N — July 28, 2020 City Council Resolution with Emergency Order B — District Survey A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D•E E RATIFYING EMERGENCY ORDER NO. 3 ISSUED BY THE CITY M El- 1 ACTING AS THE DIRECTOR OF EMERGENCY SERVICES AUTH•R IN THE CLOSURE OF DOWNEY AVENUE BETWEEN 2 nd and 3 STREETS FOR TEMPORARY OUTDOOR BUSINESS USE IN THE Cl. T OF DOWNEY AND AUTHORIZING CLOSURE PURSUANT T VEHICLE CODE SECTION 21101(e) 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 11, WUM7M*n-TMXJ7rRr6- iU*.-K#Ma1T1TZ- 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 CO'T1D--1_cL 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 dt-F-4 to the COVID-19 pandemic, Governor Newsom on July 13, 2020 ordered 30 counties in t State, including Los Angeles County, to close indoor activities at fitness centers, places worship, offices for non -critical sectors, personal care services, such as hair salons a barbershops, and indoor malls; and all 58 counties in the State to close indoor operations restaurants, wineries, tasting rooms, movie theaters, family entertainment centers, museum zoos and card rooms, and ordered all bars shuttered across the state. 11 Attachment "A" PAGE 2 jkhE=6 W*414 I 010,F KNIAN-2 Riom V Ij I LZIM61 MESMU, 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 • Downey Avenue between 2nd • 3rd Streets sha remain in effect as set forth in Emergency Order No. 3. 1 'PAGE 3 APPROVED AND ADOPTED this 28th day of July, 2020. ,BLANC PACHECO. Mayor 7 AWK W NIX W-M IM 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 28th day of July, 2020, by the f6flowing vote, tc-ulit: AYES: Council Members*, Ashton, Rodriguez, Saab, Frometa NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN: Council Member: Mayor Pacheco GILBERT A. LIVAS City .+►- and Emergency Services Director EMERGENCY ORDER NO. 3 AUTHORIZING THE CLOSURE OF DOWNEY AVENUE BETWEEN 2 "d and 3rd STREETS FOR • OUTDOOR BUSINESS USE IN THE CITY • DOWNEY *RDER NO. 3 OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 2 *RDER NO. 3 OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 3 A. All businesses located on Downey Avenue, between 2 nd and Td Streets a ' eligible to operate their businesses only on the public rights -of -way, sideIwalk parkl np spaces and the closed portion of street on Downey Avenue between 2 and 3' Streets and no other location. B. Businesses that hold an existing license to serve alcohol from the Ca!iforn Department of Alcoholic Beverage Control are permitted to exercise that licen in approved temporary outdoor areas, with approval of a COVID-19 Tempora Catering Authorization Application (Form ABC-218 CV19). C. Businesses are permitted to operate on the public right*�y� sidewalk otking spaces, and the closed portion of Downey Avenue b4tWe6h 2 Id and R' Streets, subject to safety and accessibility standards, conditions of approv imposed by the City, and by obtaining an encroachment permit from t Department of Public Works. I- D. Businesses with an encroachment permit to operate on the public rights -of -way, sidewalks, parking spaces, and the closed portion of Downey Avenue betweer 2 nd 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. G4 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 is Streets. H. No televisions, live entertainment, dancing, music, or amplification of any kind i allb"d., on the public rightt-df4way, sidewalks, parking space% and the closed venue e wee' . ' po*M of DoOolk b t 6 2� 3rd Streets. "Iqnt music is allow only in accordanc with Downe . y Municipal Code Article IV, Chapter 6, Section 4600 ("Noises"). I 1. 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. ORDER NO. 3 OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 4 Director i GilGrt A. Livas City Manager TH D ISTRICT $D 0 W N E Y August 25, 2020 I - 't i of the COVID pandernic in our community. As part of the effort to keep our restaurants and retailer y surviving durin is T " the Citi� Council voted to andenM 2 "d and 3 rd Streets. We would like you to answer the following questions and respond by e-mail. W will set up the mechanism whereby your responses are kept confidential. Please take a moment to help us gather this information. 3. How many employees did you have working for you on March 1", 2020, before the pandern shut down and shelter at home order hit? (Please estimate) i 4. How many employees did you bring back to work as of July 1", 2020? (Please estimate) S. How did your sales in July 2020 compare to sales in July 2019? For example, what percentage gain or loss did you have from the previous time period one year ago? e "d rd Has the City Council's decision to shut down Downey Avenue between 2 and 3 Street for use of parking spaces for outdoor dining hurt or help your business? 7. Would you support opening up of Downey Avenue, but leave the outdoor dining in place in the parking spaces adjacent to businesses between 2 nd and 3 rd Street? Yes No If you like, please tell us how this street closure is affecting your business and make any suggestions: Thanks for your cooperation in responding to this short, important survey. Please email responses to: DWttatDqwney@gmaill.com George Villa, President Marco Li Mandri, Executive Director Downtown Downey Improvement Association DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION 8255 Firestone Boulevard — Suite 300 — Downey CA 90241 691511 Attachment B