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CC - Adoption of a Resolution Confirming the December 7, 2021 Thirty-Ninth Supplement to Public Order: (1) Further Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on City Sidewalks to April 30, 2022; (2) Further Extension of Temporary Use Permits Issued During COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on Certain City Roadways to April 30, 2022; and (3) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to April 30, 2022, 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:  December 13, 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 (12/09/2021); 

Department Approval:  John M. Nachbar, City Manager (12/09/2021)

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RECOMMENDATION

Staff recommends the City Council adopt a Resolution Confirming the December 7, 2021 Thirty-Ninth Supplement to Public Order: (1) Further Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on City Sidewalks to April 30, 2022; (2) Further Extension of Temporary Use Permits Issued During COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on Certain City Roadways to April 30, 2022; and (3) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to April 30, 2022, 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, due to the outbreak and spread of the Coronavirus Respiratory Disease (COVID-19), the City Manager, as Director of Emergency Services, issued a Proclamation of Local Emergency, 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, that included at various times business closures, restrictions on non-essential activities, advising residents they should remain at home, mask and distancing requirements when around persons not in one’s immediate family, capacity requirements for businesses, as well as requiring that persons refrain from social gatherings, and, at times, closing of indoor portions of non-essential businesses, all consistent with various Executive orders that were issued by the State of California and Health Officer Orders issued by the Los Angeles County Department of Public Health, as well as a number of neighboring communities.

Temporary Use Permits for Use of the Right of Way During the Pandemic

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; the waiver was periodically extended through subsequent orders. 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 (i.e., public sidewalks and streets), all subject to the approval of the Public Works Director/City Engineer.

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

On July 15, 2021 the City Manager issued the 37th Supplement to Public Order, extending the TUPs issued by the Public Works Director for the expansion of outdoor dining and other uses on City sidewalks only, through December 31, 2021. The waiver of outdoor dining license fees and valet parking license fees were extended through that same date. These actions were taken to support business use of outdoor spaces, due to the rapid increase in positive COVID-19 cases following the June 15, 2021 “reopening” of the California economy, and the recognition that the public was becoming increasingly reluctant to dine, shop and conduct business indoors. Shortly thereafter, TUPs for roadway use were extended administratively until October 31, 2021; the date was selected primarily in response to the MOVE Culver City project construction which began in November 2021 and has since been completed.

Certain areas of the City where roadway TUPs had been issued were not affected by the MOVE Culver City construction. In light of concerns of the spread of the Delta variant and customer preference to conduct business outdoors, where feasible, on September 27, 2021, the City Council extended certain TUPs in the roadway to December 31, 2021, including those in the form of parklets, and areas protected from traffic by City-installed barriers including Main Street, the portion of Culver next to K-ZO Restaurant, the portion of Irving Place next to Rush Street, sections of Washington Boulevard between Hargis Street and Melvil Street and the closed section of Melvil between Washington Boulevard and the alley north of Washington Boulevard. 

Although City-installed barriers were installed to close the section of Melvil between Washington Blvd. and the alley north of it, no TUPs were issued for its use.  Staff has received requests by adjacent residents to reopen Melvil, and staff will discuss and potentially do so the first part of January, 2022.

Current State of COVID-19 Emergency

On June 15, 2021, the State of California discontinued the color-coded “Tier” system which indicated the level of COVID-19 transmission and determined how various business and recreational sectors could operate, and “re-opened” the California economy.  At the time of the June 15th Order, there was a 7-day average of approximately 200 new reported COVID-19 positive cases in Los Angeles County.  Since that date, COVID-19 positive cases dramatically rose, as did hospitalizations and the death rate, driven by the “Delta” variant of the virus.  Effective July 18, 2021, Los Angeles County re-instituted a universal mask mandate and the majority of counties in California have followed suit.  The rapid increase in cases continued through the summer, reaching 3500-4000 reported positive cases some days; on August 18th, 4,046 new cases were reported.

Recently, although the daily positive case numbers have declined since the high rates posted over the summer, the number of cases is still significantly higher than what it was on June 15th. On December 5, 2021, 1,642 new positive cases were reported. On a daily basis, the County averages over 600 people in the hospital with COVID-19.

As of December 5, 2021, 68% of Los Angeles County residents over the age of 5 have been fully vaccinated. According to LACDPH, unvaccinated people are seven times more likely to get infected with COVID-19 and 44 times more likely to be hospitalized than vaccinated people. Unvaccinated teens 12 to 17 years old continue to now have the highest case rate of all age groups.

More and more private businesses, as well as governmental entities, have recently reported vaccination requirements for employees and patrons. These measures illustrate the ongoing importance of continuing the State, County and Local Emergency in an effort to slow the spread of COVID-19. California’s State of Emergency and the County of Los Angeles Public Health Emergency both remain in effect.  The pandemic is not over, and  Los Angeles County is a global hub that is in the middle of what continues to be a global pandemic.

Due to the continuing community transmission of COVID-19 in the country, the state, and the County of Los Angeles, the ongoing concerns about the Delta variant, and the recent transmission of the new Omicron variant to the United States, including in California, assisting businesses to continue to operate outdoors is a reasonable measure to protect the public health and safety during the ongoing and ever-changing pandemic.

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 December 7, 2021 Order, which temporarily extends the use of City sidewalks for expanded outdoor dining and other uses, through a Temporary Use Permit issued by the Public Works Director, to April 30, 2022; the Order also temporarily extends the use of certain roadways for parklets and other uses, including in areas not affected by the MOVE Culver City construction project.  The December 7th Order also extends the waiver of Outdoor Dining License Fees and Valet Parking License Fees to April 30, 2022.

FISCAL ANALYSIS

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

ATTACHMENTS

2021-12-07_ATT_Proposed Resolution Confirming December 7 Public Order

MOTION

That the City Council:

Adopt a Resolution Confirming the December 7, 2021 Thirty-Ninth Supplement to Public Order: (1) Further Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on City Sidewalks to April 30, 2022; (2) Further Extension of Temporary Use Permits Issued During COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on Certain City Roadways to April 30, 2022; and (3) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to April 30, 2022, 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.