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CC - Adoption of a Resolution Confirming the July 15, 2021 Thirty-Seventh Supplement to Public Order (1) Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining on City Sidewalks to December 31, 2021; and (2) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to December 31, 2021, Issued by the City Manager, as Director of Emergency Services, under City of Culver City Emergency Authority, Due to the Coronavirus Respiratory Disease (COVID-19) Pandemic.

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Meeting Date:  August 9, 2021

Contact Person/Dept:                     Jesse Mays/City Manager’s Office

                                                                                    Lisa Vidra/City Attorney’s Office

Phone Number:                                            (310) 253-5660

(310) 253-6000

Fiscal Impact:  Yes [X]    No [] General Fund:  Yes [X]     No []

Public Hearing:  []          Action Item:[]          Attachments: [X]    

Commission Action Required:     Yes []     No [X]    Date: 

Public Notification:  (E-Mail) Meetings and Agendas - City Council (8/04/2021); 

Department Approval:  John M. Nachbar, City Manager (8/03/2021)

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RECOMMENDATION

Staff recommends the City Council adopt a Resolution Confirming the July 15, 2021 Thirty-Seventh Supplement to Public Order (1) Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining on City Sidewalks to December 31, 2021; and (2) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to December 31, 2021, issued by the City Manager, as Director of Emergency Services, under City of Culver City emergency authority, due to the coronavirus respiratory disease (COVID-19) pandemic. 

BACKGROUND/DISCUSSION

On March 14, 2020, the City Manager, as Director of Emergency Services, issued a Proclamation of Local Emergency, due to the outbreak and spread of the Coronavirus Respiratory Disease (COVID-19), which was ratified by the City Council on March 18, 2020 by Resolution No. 2020-R015.  Beginning on March 16, 2020, the City Manager issued a number of public orders, closing many businesses and significantly restricting the operations of others, consistent with various supplemental orders that were issued by the State of California and the Los Angeles County Department of Public Health, as well as a number of neighboring communities.

From March 2020 through the “reopening” of California by the State on June 15, 2021, the City Manager has issued Public Orders under the authority conveyed to him during a Local Emergency by the CCMC. The First Supplement to Public Order, issued on March 20, 2020, waived outdoor dining fees and valet permit fees for a short period of time.  As the pandemic persisted, these fees were waived through subsequent Public Orders, to June 30, 2021. 

Additionally, the 16th Supplement to Public Order, issued June 1, 2020, permitted restaurants to expand dining operations outdoors into the public right of way, or expand existing outdoor dining facilities further into the public right of way, including the City streets, all subject to the approval of the Public Works Director/City Engineer, and the issuance of a Temporary Use Permit (TUP).

On May 24, 2021, at the regular City Council public meeting, the City Council extended the waiver of outdoor dining license fees and valet parking permit fees (both of which were expiring June 30, 2021), through Labor Day (September 6, 2021).  The City Council also extended TUPs for the use of the public right of way (i.e., public sidewalks and streets) for expanded outdoor dining, through Labor Day.

On June 15, 2021, the State of California discontinued the color-coded “Tier” system, and “re-opened” the California economy. In alignment with the State of California, Los Angeles County discontinued its “Blueprint for a Safer Economy” series of Public Health Orders and for the most part discontinued its program of issuing specific sector protocols. The County issued a new order effective June 15, 2021, entitled “A Safer Return Together at Work in the Community: Beyond the Blueprint for a Safer Economy - Encouraging COVID-19 Vaccination Coverage with Limited Risk Reduction Measures.” Four sector protocols were updated and remain in effect: Day Camps, Overnight Organized/Children’s Camps, TK-12 Schools, and TK-12 Schools: Exposure Management Plan.  As of the June 15th Order, face coverings/masks were required on public transit, in transportation hubs, indoors in K-12 schools, childcare and other youth settings, in healthcare settings, including long term care facilities, in correctional facilities, and in homeless shelters and emergency shelters.

During the week of July 12th, the Los Angeles County Public Health Officer announced that by the end of that week, the County would reinstate universal indoor masking, regardless of vaccination status, due to the rapid increase of community transmission of COVID-19 in one month since the “reopening”.  The new mask mandate was issued July 16th and in full effect on Sunday July 18, 2021. As has been the practice with the City’s own Orders, under the terms of the City’s July 15, 2021 Supplement to Public Order, Culver City is automatically aligned with the terms of the July 16th County Order. In addition to being aligned with the County, City-specific Orders remain in place, unless expired.

At the time of the state and County June 15th reopening, there was a 7-day average of approximately 200 new reported COVID-19 positive cases in Los Angeles County.  In contrast, however, on July 31, 2021 over 3300 new COVID-19 cases were reported, and the Los Angeles County 5-day average has risen to over 2650 new reported positive cases of COVID-19 per day. This rapid increase coincides with the rise of the virus mutation referred to as the Delta variant which has been found to be two times as contagious as the early COVID-19 variants, according to the County Public Health Officer.  Additionally, only 62% of Los Angeles County residents are fully vaccinated, and the majority of new COVID-19 cases are among the unvaccinated population.

Confirmation of Public Orders

Pursuant to CCMC Section 3.09.020.B.1.h(2), staff recommends the City Council adopt the proposed Resolution confirming the July 15, 2021 Order, which temporarily extends the use of City sidewalks for expanded outdoor dining, through a Temporary Use Permit issued by the Public Works Director, to December 31, 2021. The purpose of extending the use of City sidewalks for outdoor dining is to continue to provide additional outdoor space for restaurants. Even though reduced indoor occupancy limits are no longer in effect, the recent increase in COVID-19 cases makes it important to continue to promote social distancing, especially in situations such as dining where patrons spend significant periods of time unmasked in close proximity to others. The July 15th Order also extends the waiver of Outdoor Dining License Fees and Valet Parking License Fees to December 31, 2021.

FISCAL ANALYSIS

There may be staff costs associated with the enforcement of the July 15 Order; however, it is not estimated to be material at this time. 

ATTACHMENTS

2021-08-09_ATT_Proposed Resolution Confirming July 15 Public Order

MOTION

That the City Council:

Adopt a Resolution Confirming the July 15, 2021 Thirty-Seventh Supplement to Public Order (1) Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining on City Sidewalks to December 31, 2021; and (2) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to December 31, 2021, Issued by the City Manager, as Director of Emergency Services, under City of Culver City Emergency Authority, Due to the Coronavirus Respiratory Disease (COVID-19) Pandemic.