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Home My WebLink AboutResolution No. 21-8041 - Extending the City's Temporary Outdoor Dining Program to December 31, 2022RESOLUTION OF • OF OF DOWNE EXTENDING•- OUTDOOR DINING PROGRAMI F: • f • �••AREAS WHEREAS, according to the World Health Organization (WHO), COVI D-1 9 has spread globally to 216 countries,•: morer persons • killing more million individuals worldwide, and has been characterized as a pandemic; and, WHEREAS, on March 4, 2020, the Governor of the State of California declared a State 0 Emergency in response to the COVID-19 pandemic; and, 11TAEREAS, 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, calling 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) orrestaurants•limit occupancy tohalf their current allowanceand practice • 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; onMarchs`the City Manager,actingas theDirector ofEmergency ratifiedServices 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 .its regular on 0 and mom "Stage 2" of "California's Pandemic Resilience Roadmap"; and WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's approval•. f plan to • - business: and activities further into"Stageof 1 V 1:rllxei:w� Le xv,111111111 customers; and, WHEREAS, at its regular meeting of September 28, 2021, the City Council considered the recommendations made by the Downtown Downey Improvement Association related to the Temporary Outdoor Dining Program, and approved nine recommendations and directed that modifications to the Program be brought back for City Council approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. To authorize and direct the following modifications to the Temporary Outdoor Dining Program: 1. That there be a minimum clear path of 4 feet on the sidewalks on each side of the street where parklets are located. 2. As a condition to participating in the Temporary Outdoor Dining Program, participating businesses are required to have an active business license and encroachment permit with the City, as well as proof of insurance, which includes the City as an additional insured. 3. All businesses with outdoor seating areas must comply with noise regulations set forth in DIVIC §4606.3, which are applicable to both indoor and outdoor seating areas. 4. As required in the Temporary Outdoor Dining Guidelines, business owners shall clean-up trash, debris, spills, etc. for their outdoor activity and the Downtown Downey Improvement Association maintenance crews are not responsible for cleaning or maintaining the parklet areas. 5. Participating restaurants shall only be allowed to use the frontage directly in front of their building(s) for outdoor dining. 6. The following k-rails shall be removed: a. The k-rails on the west side of Downey Avenue, located at 8244 3rd Street through 11031 Downey Avenue, shall be removed to allow for parking on Downey Avenue adjacent to this property. b. The k-rails located on the east side of Downey Avenue, from 11022 Downey Avenue to 11026 Downey Avenue, shall be removed. c. The k-rails located on the east side of Downey Avenue, from 11002 Downey Avenue to 11012 Downey Avenue, shall be removed. Except as set forth in this Resolution, all other k-rails shall remain in place. 7. The parklets located on the north side of 2 nd Street, immediately east and west of Downey Avenue, adjacent to (1) Ola Restaurant — 11040 Downey Avenue (2) Bastards Canteen — 11045 Downey Avenue shall be removed within 30 days from date of this Resolution. 8. All outdoor dining parklets should be surrounded by concrete k-rails on all sides. Where City k-rails have been removed to allow for parking, the restaurant owner(s) will be responsible, where feasible, to ensure concrete k-rails, or similar barriers providing equivalent safety, border their outdoor dining parklets. 9. No parklets will be approved for 2nd Street, 3rd Street, and Firestone Blvd. due to increased traffic and congestion on these streets. 10. All outdoor dining parklets shall be removed by business owners or property owners no later than December 31, 2022. SECTION 2. The Temporary Outdoor Dining Program Guidelines and Procedures are hereby amended to incorporate the City Council's direction set forth in Section 1 herein and are attached hereto as Exhibit A. SECTION 3. Emergency Order No. 1 is hereby rescinded. The Temporary Outdoor Dining Program shall continue until December 31, 2022, unless earlier terminated or further extended by City Council action. PAGE 4 F-11 0 9:611 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council Vi the City of Downey at a Regular meeting held on the 12 th day of October, 2021 by the following vote to wit: AYES: Council Members, Alvarez, Ashton, Pacheco, Mayor Frometa NOES: Council Member: None. ABSENT: Council Membem • ABSTAK Council Member: Trujillo RESOLUTION• r. (AMENDED EXHIBIT A UPDATED TEMPORARY OUTDOOR DINING PROGRAM GUIDELINES Illll I lill 11117 111111F- fill 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. DURATIONIAUTHORITY These Guidelines are effective immediately and will remain valid through December 31, 2022. Tll Guidelines are issued by the City Manager, under authority directed by the Downey City Council. Fina' determination for each temporary outdoor dining location is based on unique conditions of each site. Businesses are encouraged to practice all COVID-19 safety protocols. WHERE PERMITTED Jemporary 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 not permitted outdoors. 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 it is located on Downey Avenue, within the Core District of 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. N kH Li BRARY POLL Ch UEFARMLIN PARKE &HE REAA, N TiLME9VIVISIN MAINTENAN k 5ERVICES OPERATING STANDARDS Restaurants operating with a temporary outdoor dining area are subject to, and must comply with the following: ✓ 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. V 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 all dining areas, access to public utilities, crosswalks, bus stops, and other required entrances/exits, access to fire hydrants and fire hose connections. V The twenty (20) foot fire lane shall not be obstructed at anytime. V An approved copy of the COVI D-1 9 Temporary Catering Authorization Application, or the like, 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 through 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. V 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. V 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 thecity. V Restaurants and employees thereof shall comply with all CAL/OSHA and California Department of Public i Health requirements. V There shall be no permanent installations of chairs, tables, canopies, etc., within the public right-of-way. V Business owner shall clean-up trash, debris, spills, etc. so that they do not enter catch basins and storm drain system. - Future Unlimited -- 1 ,HN T, 11 H1Ml OkPM, 4tw PARKS & RLCRE I N U I UNESMV�S UN MA NFLNANC.E SERVICES Q R ADDITIONAL OPERATING STANDARDS Zfl!WMA2AflKJN9_LQJ ..................... ........... 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-19 Temporary Catering Authorization License, or the like, 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. ASSUMPTION OF RISKiRESPONSIBILITY 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 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 H Rt R 8.URAR-1 .'All_k LIQ1.04RIMEW PARKS to kFCkkMH)N "I U1 MAM I NAW EkV1 FS ia, IL }'d9 ,.kH'.�b3A ,^k4¢7airaa po,,,A-4,01 vgpg 4tW ''ARKS%RECREA Iih2 'fD lti,f77E_''a�FG �'adszwN: ;•R d1td „. JY*"+•,z xE a7 „ 1 k 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 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 -P4W, 'J'e N a-,W,Aul "',q MFq PARKS& RE' RLAI t JN I'LP I �t RIw,14 M-RVI