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CC RES 2020-045 RESOLUTION NO. 2020-45 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RATIFYING A LOCAL EMERGENCY DIRECTIVE BY THE EMERGENCY SERVICES DIRECTORTO ALLOW LIMITED OUTDOOR OPERATIONS ON SIDEWALKS AND PARKING LOTS FOR RESTAURANT DINING, FITNESS FACILITIES, AND PERSONAL CARE SERVICES WHEREAS, in December, 2019, an outbreak of respiratory illness due to a novel coronavirus (COVID-19) was first identified in Wuhan City, Hubei, Province, China; and, WHEREAS, the Center for Disease Control and Prevention (CDC) considers COVID-19 to be a very serious public health threat with outcomes ranging from very mild (including some with no reported symptoms)to severe, including illness resulting in death; and, WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and there is no specific antiviral treatment recommended for COVID-19 at this time; and, WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared a Public Health Emergency of International Concern over the global spread of the novel coronavirus (COVID-19); and, WHEREAS, on January 31, 2020, U.S. Department of Health and Human Services [EGliSecretary Alex M. Azar II declared a Public Health Emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and, WHEREAS, the California Department of Public Health has activated its Medical and Health Coordination Center, and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and, WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a ,State of Emergency for the State of California; and, WHEREAS, on March 4, 2020, the County of Los Angeles declared a Local Health Emergency in response to increased spread of COVID-19; and, WHEREAS, on March 11, 2020, the WHO characterized COVID-19 as a "pandemic"; and, WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 regarding COVID-19; and, 01203 0005/660593 1 WHEREAS, on March 13, 2020, President Trump declared a National State of Emergency in response to increased spread of COVID-19; and, WHEREAS, on March 17, 2020, the City Council of the City of Rancho Palos Verdes proclaimed a declaration of local emergency due to the rising concerns of the • COVID-19 pandemic and local outbreak of the virus; and, WHEREAS, on March 19, 2020, Los Angeles County Department of Public Health issued Safer At Home orders closing non-essential businesses and allowing restaurants to offer take-out services only; and, WHEREAS, in May 2020, Los Angeles County Public Health officials began to relax the Safer At Home orders allowing certain sectors to reopen with safety protocols; however, due to the number of infections and hospitalizations spiking in Los Angeles County, most businesses that had previously been allowed to re-open for modified indoor use during the COVID-19 crisis were required to once again close following revised orders issued by Public Health on July 14, 2020, unless they can be modified to operate outside or by pickup; and, WHEREAS, the COVID-19 crisis has created a severe hardship for our local business community and the City recognizes that businesses are eager to re-open for indoor use as quickly as possible, but are faced with accommodating social distancing and limited services; and, WHEREAS, for these businesses to serve customers and increase their revenue at a time when economic recovery is critically important, the Director of Emergency Services issued a local emergency directive allowing limited outdoor operations on sidewalks and parking lots for restaurant dining, fitness facilities, and personal care services; and, WHEREAS, the City Council now wishes to ratify the Director of Emergency Services' directive. NOW, THEREFORE, THE RANCHO PALOS VERDES CITY COUNCIL HEREBY RESOLVES, AS FOLLOWS: SECTION 1. The recitals above are true and correct and material to the adoption of this resolution, and are incorporated herein by reference. SECTION 2. The COVID-19 crisis has created a severe hardship for our local business community and the City recognizes that businesses are eager to re-open for indoor use as quickly as possible, but are faced with accommodating social distancing and limited services. SECTION 3. The aforementioned conditions of severe hardship for our local business community warrant and necessitate the proclamation of a local emergency Resolution No 2020-45 Page 2 of 4 directive by the City, as a means for these businesses to serve customers and increase their revenue at a time when economic recovery is critically important, by allowing limited outdoor operations on sidewalks and parking lots for restaurant dining, fitness facilities, and personal care services. SECTION 4. During the existence of such local emergency, the powers, functions, and duties of the City Manager as Director of Emergency Services and the Disaster Council of this City shall be those prescribed by State Law, Chapter 2.24 of the Rancho Palos Verdes Municipal Code, and ordinances and resolutions of this City, and approved plans of the City in order to mitigate the effects of the local emergency. SECTION 5. In addition to the powers, functions, and duties already prescribed above, the Council desires to make clear the powers, functions, and duties include: (a) As necessary for the public health, life, and property, entering into contracts to arrange for the procurement of materials, goods, and services needed to assist in preparing for, containing, responding to, mitigating the effects of, and recovering from the spread of COVID-19. (b) Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, as well as any City procurement or related policy, are suspended to the extent reasonably necessary to address the effects of COVID-19. (c) The Emergency Services Director is expressly authorized to assist with any lawful order, including the enforcement of an order of quarantine or curfew, as well as ordering potentially ill City employees to leave the workplace, authorizing certain City employees to work remotely, taking steps to limit non-essential contact by City employees, etc., to address the effects of COVID-19. (d) The Emergency Services Director is expressly authorized at his or her discretion to invoke force majeure clause on any City agreements or obligations, to the extent reasonably necessary to address the effects of COVID-19." SECTION 6. The City Council does hereby authorize limited outdoor operations on sidewalks and parking lots for restaurant dining, fitness facilities, and personal care services; and hereby ratifies the Local Emergency Directive issued on July 27, 2020, by the City Manager acting as Director of Emergency Services for this purpose.The directive is attached as Exhibit "A" and incorporated by reference. SECTION 7. This directive shall expire 15 days after the earlier of the lifting of the indoor operation restrictions found in the Reopening Safer at Work and in the Community for Control of Covid-19 order or the local state of emergency, unless revoked sooner. SECTION 8. This Resolution shall take effect immediately. Resolution No. 2020-45 Page 3 of 4 SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED on this 4th day of August 2020. 1111)1 John it ikshank, Mayor Attest: et.12/Leste.- ctpu, i y Colborn,rCity Cler State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2020-45 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 4, 2020. cratAtt.9,--- Colborn, dV Resolution No 2020-45 Page 4 of 4 C ITY OF RANCHO PALOS VERDES July 27, 2020 LOCAL EMERGENCY DIRECTIVE TO ALLOW LIMITED OUTDOOR OPERATIONS ON SIDEWALKS AND PARKING LOTS FOR RESTAURANT DINING, FITNESS FACILITIES, AND PERSONAL CARE SERVICES In my capacity as Director of Emergency Services , on March 14, 2020, I activated the City's Emergency Operations Center (EOC} at the lowest level of operation and requested the City Council to proclaim a local emergency due to the public health threat caused by COVID-19. On March 17, 2020, as required by§ 2.24.060(A}(1) of the Rancho Palos Verdes Municipal Code (RPVMC), the City Council adopted Resolution No . 2020-11 proclaiming a declaration of local emergency due to the spread of COVID-19 . As provided by the declaration of local emergency, I have the authority to issue directives as deemed necessary for the protection of the public health, provided the City Council confirms such directives as soon as practicable. Based on orders issued by the Los Angeles Department of Public Health responding to COVID-19 , many of the City's businesses shut down (e xcept in some limited capacity) for a few months. As a result, businesses lost a great deal of revenue which directly affected the City's health, safety, and welfare. In May 2020, Public Health Officials began to rela x the stay-at -home orders allowing certain sectors to reopen with safety protocols . However, as number of infections and hospitalizations have spiked in Los Angeles County, some of the limited openings for businesses are now being rolled back. Specifically, the Los Angeles County Reopening Safer at Work and in the Community for Control of Covid-19 order states that indoor operations at restaurants, wineries, movie theaters, family entertainment, zoos , museums, and cardrooms remain closed while gyms and fitness centers , offices of non -critical sectors, places of worship, personal care services, hair salons, and barbershops, and indoor malls must operate outdoors only. The Reopening Safer at Work and in the Community for Control of Covid-19 order, revised July 14, 2020, may be found here: http ://publi chea lth .lacounty.gov/media/coronav iru s/docs/H00/2020.07.14 HOO Safer%20at% 20 Hom e Cessat ion%20of%201ndoor%200ps.pdf As only essential businesses , such as grocery stores, are now permitted to serve customers indoors, it is in the City's best interest to provide ways for non -essential businesses such as restaurants, gyms and fitness centers, and personal care services to serve customers and increase their revenue at a time when economic recovery is critically important. To that end, expansion of din i ng , and commercial activity areas into sidewalks and parking areas is desirable 01 203 .0001/657892 .8 Resolution No. 2020-45 Exhibit A Page 1 of 3 as this can provide additional space where customers can be served in compliance with the orders and guidelines of both the State of California and the County of Los Angeles and other applicable orders to protect the health and safety. I therefore authorize the following pursuant to § 2.24.060(A)(6)(a) of the RPVMC, to be confirmed by the City Council within the earliest practicable time: 1. Effective immediately, and for the duration of the local emergency, or for as long as the Reopening Safer at Work and in the Community for Control of Covid-19 order limits indoor operation of non-essential businesses, whichever ends first, temporary permits may be obtained by existing restaurants, fitness facilities, personal care service providers and other businesses for outdoor dining, fitness, personal care or other activities. 2. Restaurants, fitness facilities, personal care and other businesses wishing to temporarily expand their dining or use areas pursuant to Section 1, above, shall be required to obtain a Temporary Special Use Permit under Chapter 17.62 of the RPVMC. 3. Effective immediately, and for the duration of this directive, enforcement of the following provisions of the RPVMC shall be modified as follows: a. A Temporary Special Use Permit application pursuant to this directive shall comply with the requirements of Chapter 17.62, except that approval of the application shall be reviewed ministerially without discretionary approval and no public notification or appeal will be required. b. The property owner or a designated representative shall sign the Temporary Special Use Permit application authorizing the temporary outdoor operation. c. Restaurants, fitness facilities, personal care services and other businesses shall be additionally permitted in designated outdoor spaces, which may include sidewalks and parking lots, provided the use can be accommodated without undue interference with pedestrian and vehicular traffic. d. Enforcement of parking ratios for existing businesses is suspended. e. Perimeter barriers shall not be required for temporary encroachments on sidewalks, but shall be required for temporary encroachments onto parking lots. f. All businesses, including restaurants, that obtain a Temporary Special Use Permit must clear all public areas at closing, and must bring all their furnishings and equipment inside every evening unless approved otherwise by the City. g. All restaurants, fitness facilities, personal care and other businesses issued Temporary Special Use Permits must ensure that the temporary encroachments do not block any exits, handicapped parking spaces, or any other accessibility installations required by the ADA. h. Conditions may be imposed ensuring public health and safety including minimizing adverse impacts to neighboring properties. 4. The Temporary Special Use Permits issued pursuant to this directive shall expire 15 days after the earlier of the lifting of the indoor operation restrictions found in the Reopening Safer at Work and in the Community for Control of Covid-19 order or the 01203.0001/657892.8 Resolution No. 2020-45 Exhibit A Page 2 of 3 local state of emergency, unless revoked sooner. Upon expiration or revocation of its temporary permit, an establishment shall immediately comply with all applicable provisions of the RPVMC. 5 . A Temporary Special Use Permit issued under this directive may be revoked by the Director of Emergency Services for failure to comply with all applicable RPVMC provisions, or for noncompliance with this directive. 6. Notwithstanding anything to the contrary, this directive may be rescinded or amended by the Director of Emergency Services or by the City Council for any reason prior to the lifting of the local state of emergency or the indoor operation restrictions found in the Reopening Safer at Work and in the Community for Control of Covid -19 order. 7 . I hereby reserve the right to issue additional directives as needed. '~--~-' Director of Emergency Services 01203 .0001/657892 .8 Resolution No. 2020-45 Exhibit A Page 3 of 3