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HomeMy WebLinkAbout8112RESOLUTION NO 8112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENTS FOR TEMPORARY OUTDOOR DINING FOR RESTAURANTS WHEREAS, on May 4, 2020, the Governor of the State of Cahfornia released industry guidelines to begin the process of lessening restrictions on businesses including restaurants and lower - risk workplaces, allowing for the opening of restaurants for limited in-person dining and outside dining effective May 8, 2020, subject to restrictions concerring occupancy, social distancing, facial coverings, and employee protection measures, among other measures, and WHEREAS, on May 23, 2020, the California Department of Pubhc Health approved the request by San Bernardino County to re -open restaurants, retail, shopping malls, and specified other businesses and services within San Bernardino County, subject to applicable State COVID-19 Industry Guidance and COVID compliant safety measures, and WHEREAS, the State Industry Guidance for dine -in restaurants requires the establishment of a wntten worksite -specific COVID-19 prevention plan that requires a restaurant, among other things, to 1 Identify contact information of its employees and customers, 2 Train employees and require use of face coverings, 3 Require individual control measures and screening (self -screening at home, provide temperature and symptom screening at beginning of shifts, face coverings, wear disposable gloves, wash hands, etc ), 4 Cleaning surfaces often and certain hygiene protocol for menus, shared food items, utensils, etc 5 Prioritize outdoor dining and curbside pickup, 6 Physical distance of six feet between workers and customers, 7 Physical distancing of check stands, terminals, deh counters and Imes, restrooms, host stands and waiting areas, and 8 Regularly evaluate the plan, and WHEREAS, the ability of businesses to meet the State's Industry Guidelines on physical distancing would be facilitated if restaurants were able to operate outdoors m open-air spaces and pubhc rights-of-way, such as portions of State Street, Fifth Street and others located in downtown Redlands, and WHEREAS, many businesses throughout the City, including restaurants, are suffering continuing economic harm due to the business closures mandated by State and County orders and the COVID-19 public health crisis, and WHEREAS, affected businesses, restaurants, and other uses are vital to the health and well- being and the quality of life, as well as the economic sustamabihty, of the City and its residents, and 1 1 \Resolutions'Res 8100 8199/8112 Outdoor Dnung on State and Fifth Street.doc WHEREAS, portions of City streets (and nearby areas) may be temporarily closed to vehicular traffic, and may be configured for pedestrian access and outdoor dmmg pursuant to California Vehicle Code section 21101 and Redlands Municipal Code section 12 12 150 upon the determination of the City's Chief of Police or City Engineer, and WHEREAS, the California Department of Alcoholic Beverage Control has promulgated temporary regulations known as the "Fourth Notice of Regulatory Relief' (which includes Expansion of Licensed Footprint) pertaimng to serving alcoholic beverages by hcensed on -sale estabhshments subject to an apphcation and approval by the Department ofAlcohohc Beverage Control, and WHEREAS, restaurants and other establishments serving alcoholic beverages for on-site consumption may be required to operate subject to an existing Conditional Use Permit that has been issued by the City, and such Conditional Use Permits include operating conditions and restrictions that may as a result be in conflict with the Cahfornia Department of Alcoholic Beverage Control's temporary regulations providing regulatory relief during the current economic recession, and WHEREAS, for a business to file an application with the Cahfornia Department ofAlcohohc Beverage Control requestmg temporary regulatory rehef and temporary catering, those apphcants will be required to provide proof of authorization to utilize the additional area for outdoor dmmg and service ofalcohohc beverages, and WHEREAS, the City is empowered under its emergency powers to permit restaurants and food service estabhshments to utilize additional temporary outdoor dirimg areas in conjunction with a business's apphcation to the California Department of Alcoholic Beverage Control, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Section 1 California Environmental Quality Act Adoption of this Resolution is exempt from environmental review m accordance with CEQA Guidelines Section 15061(b)(3) because this City Council determines that it can be seen with certainly that the adoption of this resolution, as evidenced by the staff report accompanying this resolution, will not have a physical effect in the environment Section 2 City Manager Authorization The City Manager is hereby authorized to enter into and approve short-term hcense or other similar agreements with local residents, subject to approval as to form by the City Attorney, only if the businesses obtains additional insurance to cover the temporary expansion, names the City as an additional insured, and otherwise agree to take all steps necessary to protect the City from all potential habihty resulting from the business use of the City's rights-of-way, sidewalks, streets, and other pubhc spaces Section 3 Temporary Regulatory Rehef by the California Department of Alcoholic Beverage Control Temporary outdoor service of alcoholic beverages by a business with a valid On - Sale ABC License may be permitted, subject to an application (Form ABC 218 COVID-19 Temporary Catering Authorization Application) and subsequent approval by the California 2 1 IResolutions\Res 8 100 819918112 Outdoor Dining on State and Fifth Street.doc Department of Alcohohc Beverage Control The business shall provide a copy of the temporary ABC approval to the Redlands Planning Division within fifteen (15) days of issuance, and the business shall comply with all apphcable regulations and operating conditions issued by the Department of Alcoholic Beverage Control Temporary operating conditions or restrictions issued by the Department of Alcohohc Beverage Control shall temporarily supersede any conflicting conditions of approval (e g , pertauung to alcohol service area) that may be attached to a Conditional Use Permit for the subject property, and this override provision shall only be in effect for the duration of the temporary outdoor dining Section 4. Effective Date. This Resolution shall become effective upon adoption Section 5 Expiration Date This approval shall remain m effect until the City Council terminates the Local Emergency declared by Resolution No 8065, or terminates this Resolution, whichever occurs first ADOPTED, SIGNED AND APPROVED this 16th day of June, 2020 ATTEST Donaldson, City Clerk u1 Paul W Foster, Mayor 3 1 \Resolutions\Res 8100-8199\8112 Outdoor Duung on State and Fifth Street.doc I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day of June, 2020 AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None 4 I.1ResolutionslRes 8100 819918112 Outdoor Duung on State and Fifth Street.doc Donaldson, City Clerk Exhibit "A" REQUIREMENTS FOR EXPANDED OUTDOOR RESTAURANT DINING This Resolution automatically allows expansion of food service establishment dining areas outdoors within public right-of-way that meet the criteria and requirements specified below A Site Plan may be required to be attached to a License Agreement to verify outdoor dinmg areas, boundaries, ADA and emergency access requirements, and methods of demarcation General Requirements Outdoor dining area expansions must meet all of the following requirements listed below 1 Has in place a COVID-19 prevention plan consistent with the applicable State Industry Guide or other applicable State and County guidelines, 2 Meets all applicable County rules (e g , environmental health regulations and Health Officer Orders) and State laws (e g , apphcable State Industry Guide and alcohol beverage consumption laws), as verified by County Public Health or other responsible agency, 3 Follows an outdoor dining or occupancy plan at the proposed location that meets all Fire Depaituient standards, includmg number of occupants, points of egress, access to fire extinguishers, and tent and awning ratings, if applicable, 4 Ensures fire hydrants shall remain unobstructed at all times, 5 Mamtains access required by the Americans with Disabilities Act at all times, 6 Includes suitable demarcation of the boundary of the outdoor dining or use area, such as bollards/rope or temporary fencing not exceeding four (4) feet high, placed in safe manner around outdoor dining area, 7 Clearly and physically separates the outdoor expansion area from pedestrian traffic, and preserves adequate and safe circulation for pedestrians, 8 Does not include installation of any permanent structure or other items, 9 Assures compliance by businesses with the City's noise regulations in the Redlands Municipal Code (Chapter 8 06), 10 Ensures that outdoor areas are maintained and free of trash and other debns, 11 For food service establishments, provides that all tables and associated seatmg must be spaced at least six (6) feet apart from other tables and seating or, for other uses, maintains a physical separation of six feet between persons, 12 Does not permit groups of ten (10) or more persons at one table, 13 Provides that all lines for patrons for food orders or pick-up, as well as on-site restroom facilities, clearly demarcate a mimmum distance of six (6) feet between patrons m line (such as placing labels or tape markings on the ground), 14 Consistent with County Health Orders, requires all employees and patrons to wear face coverings, with the exception of patrons who are seated at tables provided and who are eatmg or drinking, 15 Does not permit smoking in the expanded outdoor dmig area, and, 16 Provides maintenance standards for the outdoor dining area 4 1. Ica\Reso18112 Outdoor Dining on State and Fifth Street Updated 6 17 20.doc Requirements for ABC Licensees In addition to the General Requirements listed above, all businesses wishing to provide alcoholic beverages with food service shall meet all of the following criteria 17 Business has a current and valid Alcoholic Beverage Control license for the type of service the business mtends to provide, 18 Pnor to begmmng alcohol service, the busmess shall submit an application to the California Department of Alcoholic Beverage Control for temporary catenng authorization (ABC Form 218 COVID-19 Temporary Catermg Authonzation Application), and 19 Busmess shall be responsible for complying with and enforcing all related operating conditions applicable to their specific license type (such as outdoor area enclosure, signage, momtormg by employees, etc ) 20 Alcoholic beverages may be served and consumed m the outdoor dimng area only if associated with a food order If a busmess utihzmg public right-of-way violates the Program standards, criteria, and conditions, the Facilities & Community Services Director may issue a wntten Notice of Violation, and may ultimately suspend or revoke the applicable License Agreement Submittal Items The following table summarizes the types of documents needed for approval of off-site outdoor dining areas m public nght-of-way Submittal Documents Requu ed 7 Current City Business License Yes Certificate of Insurance (naming City as additional insured) Yes License Agreement (to use public right-of-way) Yes Temporary Sales & Special Event Permit No Encroachment Permit No 5 L 1ca\Reso18112 Outdoor Dining on State and Fifth Street Updated 6 17 20.doc