08-18-2020 - AGENDA ITEM 04 CONSIDERATION OF RESOLUTION NO. 2020-91 EXTENDING THE LOCAL EMERGENCY DECLARATION12/1 /2020
Print Staff Report
AGENDA ITEM NO. 4
DATE: August 18, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO.2020-91 EXTENDING THE LOCAL
EMERGENCY DECLARATION
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2020-91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL
EMERGENCY PROCLAIMED ON MARCH 16, 2020 AND PREVIOUSLY CONTINUED ON APRIL
7, 2020, MAY 5, 2020, JUNE 2, 2020, JUNE 23, 2020 AND JULY 21, 2020
BACKGROUND:
On March 17, 2020, the City Council adopted Resolution 2020-19, ratifying Proclamation 2020-01 declaring
existence of a local emergency, which was issued by the City Manager acting in the capacity of Director of
Emergency Services. The local emergency is due to the novel coronavirus (COVID-19) pandemic. Following
adoption of the resolution, the City Council needs to review and reevaluate the need for continuing the local
emergency at least once every thirty (30) days in conformance with Section 8-7(a)(2) of the West Covina
Municipal Code (WCMC). The City Council previously continued the local emergency on April 7, 2020, May
5, 2020, June 2, 2020, June 23, 2020 and July 21, 2020. The WCMC also authorizes the City Manager acting
in the capacity of Director of Emergency to promulgate written orders and regulations during the emergency.
Such rules and regulations must be confirmed by the City Council at the earliest practicable time.
DISCUSSION:
The City Manager acting in the capacity of Director of Emergency Services has mobilized appropriate staff
and other resources on a daily basis to address the COVID-19 pandemic. Staff at all levels of the organization
have been engaged in the response.
As of August 11, 2020, there were 19,936,210 confirmed cases ofCOVID-19 globally. On August 11, 2020,
California reported that, as of August 10, 2020, there were 574,411 confirmed cases in California. As of
August 10, 2020, there were 211,808 confirmed cases in Los Angeles County, including 2,307 confirmed cases
in the City of West Covina according to the Los Angeles County Department of Public Health. Health officials
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necessary to provide for the protection of life and property affected by the COVID-19
pandemic and the local, state, and national emergencies.
NOW, THEREFORE, THE CITY MANAGER OF THE CITY OF WEST COVINA,
ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, ORDERS AS FOLLOWS,
SUBJECT TO CONFIRMATION BY THE WEST COVINA CITY COUNCIL:
SECTION 1. The above recitals are true and correct and incorporated herein by
this reference.
SECTION 2. In order to support restaurants and businesses impacted by the
COVID-19 pandemic and support the re -opening of businesses under Governor
Newsom's recovery plan for California, and Los Angeles County's recovery plan for Los
Angeles County, the West Covina Open Air Program (the "Program") is hereby
established.
SECTION 3. The following provisions of the West Covina Municipal Code shall be
temporarily suspended so long as this Order remains in effect:
• Subsections (b)(1), (b)(2) and (b)(3) of Section 26-609 (Major promotional
event; commercial center and a business on its own site (not in P-B, O-S, I-
P zones))
■ Subsection (b)(1) of Section 26-615 (Special Event — Minor promotional
event; commercial business (not in P-B, O-S, and I-P zones))
• Subsection (e) of Section 25-582 (Parking ratios, nonresidential (except
PAR))
• The requirement for an Administrative Use Permit for restaurants with
outdoor dining set forth in Section 26-597 (Land uses (except industrial or
manufacturing uses))
• The requirement set forth in Section 26-597 (Land uses (except industrial
or manufacturing uses)) that: "Uses specifically noted as "(Outdoor
Display)" are allowed providing all functions other than display are at all
times conducted within an enclosed building."
• The requirement that restaurants obtain an Administrative Use Permit for
onsite alcohol sales set forth in Section 26-685.104.5 (On -sale alcohol use
— Administrative use permit)
• Subsection (a)(1) of Section 26-685.105 (Change or intensification of
existing on -sale or off -sale alcohol use)
• Section 26-685.106
• Section 7-184(b) (Streets and highways; dedication required)
■ The requirement for an Administrative Review application for restaurants
with outdoor dining set forth in Section 3.1A (Permitted Land Uses) of the
Downtown Code
■ Subsections (D)(i), (D)(ii)(a)-(d) of Section 10.1 (Other Standards) of the
Downtown Code
SECTION 4. Businesses that wish to temporarily provide goods and services in
outdoor areas shall be permitted to operate outdoors for the duration of this Order, subject
to the following:
a. Prior to commencing outdoor operations, businesses shall obtain an Open
Air Temporary Use Permit, which shall be in a form approved by the City
Manager and the City Attorney;
b. Businesses shall comply with all requirements of the Open Air Temporary
Use Permit, including, but not limited to, the conditions of approval;
C. Businesses shall comply with California Department of Public Health
(CDPH) "COVID-19 Industry Guidance" criteria;
d. Businesses shall comply with all requirements of the Program, as such
requirements may be amended from time to time.
SECTION 5. The Open Air Temporary Use Permit fee, Alcoholic Beverage Permit
fee, Open Air Program Encroachment Permit fee, and Fire Department fees associated
with special event permits and temporary use permits shall be waived for Program
participants.
SECTION 6. Open Air Temporary Use Permits shall only be issued for business
sectors that are permitted by the State and County to operate outdoors. If the State or the
County orders the closure of outdoor operations for any business sector for which a
business has been issued an Open Air Temporary Use Permit, the Open Air Temporary
Use Permit shall be automatically suspended for the duration of such ordered closure. If
the State or County orders the modification of outdoor operations for any sector for which
a business has been issued an Open Air Temporary Use Permit, the requirements of
such order shall supersede any inconsistent provisions contained in the Open Air
Temporary Use Permit.
SECTION 7. The Planning Division is hereby authorized to issue Open Air
Temporary Use Permits, provided that all requirements set forth in this Order are met.
SECTION 8. The Fire Chief is hereby authorized to waive ordinary requirements
relating to fire prevention and protection for outdoor operations for specific Open Air
Temporary Use Permit applications, provided that the Fire Chief has reviewed the specific
application, has inspected or caused to be inspected the proposed outdoor operations
area, and has determined that the requirement(s) to be waived will not be detrimental to
the public health, safety, or welfare.
SECTION 9. While this Order is in effect, the provisions of any permit issued
pursuant to this Order and the Program shall supersede any inconsistent provisions
contained in any permit issued prior to the effective date of this Order.
SECTION 10. This Order shall become effective immediately, and shall remain in
effect until the termination of the State and local emergencies, unless terminated sooner
or further extended by the Director of Emergency Services or the City Council.
SECTION 11. If any section, subsection, sentence, clause, phrase or word of this
Order is found to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such decision shall not affect the remaining provisions of this Order.
SECTION 12. This Order is subject to confirmation by the City Council in
accordance with Section 8-7(a)(7)(a) of the West Covina Municipal Code.
SECTION 13. The Assistant City Clerk shall cause this Order to be widely
publicized and noticed in accordance with Government Code section 8634 and West
Covina Municipal Code section 8-7(a)(7)(a).
ORDERED this 5th day of August, 2020.
!77Z
David ar amC ny, City Manager
APPROVE AS TO FORM:
Tho as P. gj rt City Attorney
ATTEST:
�/A
Lisa Sherri k, Assistant City lerk
W E S T COVINA ATTACHMENT NO.3
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P R O G R A M
OPEN AIR TEMPORARY USE PERMIT (TUP) APPLICATION
Applicant Information:
Business Name ("Applicant"):
Business Address:
Contact Name:
Primary Cell Phone#:
Business License #:
Property Owner/Landlord Information:
Name:
Address:
Phone:
E-mail:
E-mail:
Outdoor business operations will be in:
❑Public Property/Right-of-Way ❑Private Property
(sidewalk, parking lot, street)
Submittal Requirements:
1. Site Plan: 8.5" xl 1 " site plan showing the location of the outdoor dining. Please see instruction!
and conditions of approval to see what needs to be included in the site plan.
2. Property Owner Acknowledgement
3. Conditions of Approval: Applicant must review and sign to acknowledge compliance of all items
on the conditions of approval.
4. Copy of Valid Business License
If your intended use requires the use of Public Poroerty/Riaht-of-Way, the following is also required:
5. Temporary Encroachment Permit Agreement: Agreement requires proof of insurance
By signing below, I declare under penalty of perjury that I am authorized to execute this application
on behalf of the business named above, and declare and agree that the business will abide by the
following:
The business will comply with the Conditions of Approval attached hereto as Exhibit "A.''
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• If the business will serve alcohol in an outdoor dining area, the business is authorized to serve
alcohol in the proposed outdoor dining area in accordance with requirements of the
California Department of Alcoholic Beverage Control (ABC) and the business is submitting a
copy of the "ABC COVID-19 Temporary Catering Authorization" with this application or will
submit a copy of said authorization to the City's Planning Division prior to establishing the
proposed outdoor activity.
• Business operations will not obstruct any Americans with Disabilities Act (ADA) required paths
of travel, including internal walkways/sidewalks and ADA parking stalls.
• Business has obtained authorization from the property owner/landlord and adjacent property
owner/landlord, if applicable and is submitting a copy of such authorization(s) with this
application.
• Temporary outdoor business operation areas shall be kept clean of all trash, debris, spills, etc.
at all times during use.
• Applicant agrees to remove all personal property and debris and return the outdoor business
operation location to its original condition within seven (7) days after the expiration of the permit.
Applicant understands that failure to return the property to its original condition and remove all
personal property and debris within said 7-day period will result in City's removal and clean up
at Applicant's sole cost and expense, plus administrative overhead costs. If the City is required
to remove any personal property and/or restore the location to its original condition, Applicant
agrees that the business will be required to reimburse the City for such costs and the
administrative costs within thirty (30) days of written notification from the City of such costs.
• Applicant will comply with all applicable local, State, and Federal laws and regulations at all
times while the Open Air TUP is valid, including, but not limited to, the Governor's Stay -at -Home
Order, the Los Angeles County Department of Public Health Officer's Safer at Home Order, laws
regarding the obstruction of vehicular traffic, the Americans with Disabilities Act, Department of
Alcoholic Beverage Control (ABC) regulations and orders relating to the service of alcohol, and
Los Angeles County health laws relating to the provision of food services.
• Applicant acknowledges and agrees that the City reserves the right to order modifications to
or removal of the outdoor business operation area if: (1) the area creates an obstruction to, or
causes congestion of, pedestrian or vehicular traffic due to existing conditions in the surrounding
right-of-way and the City finds the installation represents a danger to the health, safety or
general welfare of the public, (2) the outdoor activities cause a disruption of the safe operations
of the property or the adjacent land uses, (3) the business violates the terms of this application,
the Open Air Temporary Use Permit, or any State, County, or City laws, orders, or regulations, or
(4) the City determines such modifications or removal are necessary for the health, safety or
general welfare of the public.
• Owners and operators of any business operating in a temporary outdoor business operation
area 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 in a
temporary outdoor business operation area, and shall bear all risks and liabilities associated with
operating in a temporary outdoor business operation area. As a condition to operating, and as
a condition to being issued an Open Air Temporary Use Permit, businesses must agree to defend,
indemnify, and hold the City harmless for any liabilities of any kind relating to or arising from
operating in a temporary outdoor operating area. Businesses are solely and exclusively
responsible for procuring and coordinating all operational aspects associated with a temporary
outdoor operational area, including but not limited to obtaining consent from property owners,
adjacent establishments, and insurance providers.
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To the maximum extent permitted by law, Applicant hereby knowingly assumes any risk and
cost of operating pursuant to the Open Air Temporary Use Permit. Applicant shall defend,
indemnify, and hold the City of West Covina, its officials, officers, employees, agents, and
volunteers (collectively "Indemnitees") free and harmless from any and all claims, demands,
causes of action, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, to
government entities, property or persons, including wrongful death (collectively "Claims") in any
manner arising out of or in connection with the Applicant's use of the permitted Open Air
Temporary Use Permit area, including any acts or omissions of Applicant or its employees or
agents in connection with the temporary site use, operation, or maintenance of the Open Air
Temporary Use Permit area, including without limitation the payment of all consequential
damages, attorneys' fees, and other related costs and expenses, except for such Claims arising
solely out of the active negligence or willful misconduct of the Indemnitees. With respect to any
and all such Claims, Applicant shall defend the Indemnitees at Applicant's own cost, expense,
and risk with counsel acceptable to the City and shall promptly pay and satisfy any judgment,
award, or decree that may be rendered against the Indemnitees. Applicant shall reimburse
Indemnitees for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Applicant's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by Applicant or Indemnitees or
insurance policy limits. All duties of Applicant in this paragraph shall survive termination or
expiration of the Open Air Temporary Use Permit. The rights granted by the permit are not
assignable.
By signing below, Applicant certifies that the above information is complete and that Applicant will
comply with all terms and conditions set forth in this Application, the Conditions of Approval, and the
Open Air Program requirements.
Applicant Signature: Date:
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EXHIBIT A
OPEN AIR TUP: CONDITIONS OF APPROVAL
Planning Division:
1. All activities shall be consistent with the submitted application and site plan.
2. Obtain and comply with the requirements of all necessary separate permits.
3. Obtain and comply with requirements of L.A. County Health Departments permits.
4. All activities shall comply with the West Covina Noise Ordinance (Article IV of Chapter 15 of the
West Covina Municipal Code); neither musical performances nor the sound system shall
increase ambient noise levels of adjacent residential neighborhoods by more than five (5)
decibels. The amplification of music/sound system for such events is allowed as long as it is
intended to be heard on -site and not disturb adjacent residential neighborhood. Upon receipt
of complaints, the West Covina Police Department may take any necessary action to curtail
disruptive noise, including ordering the immediate ceasing of all musical performances and/or
use of amplified sound systems.
5. If alcohol is being served within the temporary outdoor business operation area, the applicant
shall be responsible for obtaining approval from the California Department of Alcoholic
Beverage Control.
6. No changes may be made to the approved site diagram without the prior approval of the
Planning Division, Engineering Division, Building Division, Police Department, and Fire
Department.
7. No banners or other signage shall be placed within the outdoor business operation area.
8. No walls, fences, hedges, or other obstructing materials exceeding 3 feet shall be located within
the outdoor business operation area. Not including required barricades.
9. A business license shall be in active standing throughout the Temporary Use Permit duration.
10. All physical components of the outdoor business operation shall be removed within seven (7)
days of the expiration of the permit.
11. The site shall be maintained and kept free of any trash and debris at all times.
12. If the business obtained approval of an entitlement (e.g., Administrative Use Permit, Conditional
Use Permit, Administrative Review) for the use, the hours of operation of the temporary use shall
be limited to the hours of operation permitted pursuant to the applicable Resolution.
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Engineering:
l . Traffic control throughout the permit area shall conform to the current State of California Manual
on Uniform Traffic Control Devices (MUTCD) for Streets and Highways Work Zones, latest edition.
2. Provisions shall be made for lighted barricades, delineators and traffic control personnel to
adequately protect the traveling public during permit operations.
3. A copy of the permit shall be kept at the site of outdoor area at all times and produced upon
demand.
4. The holder of any permit and any agent, servant, or employee working for said permit holder
shall inform himself/herself and obtain all necessary information as to the existence and location
of all infrastructure and appurtenances and the City shall be protected by the permittee against
any damage. Any damage caused to infrastructure shall be paid for by permittee. If any such
repairs as are required, they shall be made or be caused to be made by the City of West Covina
and billed to such permittee who shall pay the same upon receipt of a statement of the cost of
such repairs.
5. Specific provisions and conditions may be appended to each permit.
Building:
1. Site Plan must identify an accessible route (path of travel) into the proposed area of use to
include seating, product display, point of purchase and access to facilities.
2. Temporary structures are required to be Access Compliant: California Building Code and the
ADA require temporary structures to be accessible. (See CBC 11 B-201.3 and ADAS 201.3).
3. Exterior Pedestrian Paths: Sidewalk must have minimum 48" clear width. This will apply to
temporary paths of travel from sidewalks to outdoor dining and retail areas. Clear width can be
reduced to 36" only when restrictions, natural barriers or other existing conditions are present,
but these situations should be avoided, even in a temporary setup. Must provide minimum 60"
wide passing areas every 200 feet (See CBC 11 B-403.5.3 and ADAS 403.5.3).
4. Reduction in Access: Alterations or changes to existing spaces cannot result in less accessibility
than what is required in new construction or what was previously provided. (See CBC 11 B-202.3.1
and ADAS 202.3.1)
5. Reduction in Egress: The exit path of travel (egress) from any building or area shall not obstructed
or reduced. Obstructions shall not be placed in the minimum width or required capacity of a
means of egress component to create a diminished path of travel. (See CBC 1003.6)
Fire
The applicant must complete the required application and have an inspection completed prior to any
site plan being signed off and approval given by the West Covina Fire Department. In addition, the
applicant must comply with all applicable guidelines listed below. Any changes that are made after
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the initial inspection and approval must be re -submitted to the Fire Department for review, or the
applicant will be at risk for administrative fines and revocation of their ability to conduct business
outdoors. Please contact the Fire Prevention Bureau at (626) 939-8823 for questions.
• Access
• Temporary dining areas that are within an active parking lot or have one edge along a
parking lot or an active roadway are required to have "K" rail type barriers installed at
the edge of the dining area. Where required, a secondary set of "K" rail type barriers shall
be put in place to create a 12' buffer zone.
• If the outdoor space being used will be fenced or barricaded, at least three (3)
identifiable exits, remote from one another, must be open and provided for immediate
pedestrian egress in the event of an emergency.
• Fire protection equipment including hydrants, double check detector assemblies and fire
department connections must remain open and clear from all obstructions. (2019 CFC
507.5.4)
• Fire extinguishers located inside a restaurant or business must be mounted in a visible
location, currently serviced and date -tagged within the last year and have a minimum
rating of 2A:1013C. (2019 CFC 906.3, 906.5, 906.6, 906.7)
• Electrical
• Extension cord(s) being used to power exterior lighting shall be of heavy-duty
construction, grounded, and maintained in good condition. (2019 CFC 604.5, 604.5.4).
• Extension cord (s) and wiring shall be covered and protected in an approved manner, so
as to prevent tripping and fall hazards.
• Tents
• Tents in excess of 400 sq. ft. shall be shown on the submitted plot plan and may require a
separate permit. Proof of flame protection treatment and the state fire marshal's seal on
the tent must also be submitted to the Fire Department for review.
• Tents in excess of 400 sq. ft. shall have at least one currently serviced and date -tagged
fire extinguisher with a minimum rating of 2A:1 OBC, provided at visible locations every
75ft.
• Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking"
signs shall be conspicuously posted. (CFC 3107.3)
• Open flame or other devices emitting flame, fire or heat or any flammable or combustible
liquids, gas, charcoal or other cooking device or any other unapproved devices shall not
be permitted inside or located within 20 feet a tent or membrane structure. (CFC 3107.4)
• Egress
• The tent (if not open on all sides) shall have a minimum of two exits, at least 72" in width,
clearly visible exit signs and no smoking signs.
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• Seating shall be arranged to facilitate a quick exit in the event of an emergency and exit
pathways shall not be less than 36-44" in clear width. (2019 CFC 1005.1, 1020.2, 3103.12.5
& Table 3103.12.2)
• Exits shall be clear of obstructions, combustible materials, or crowding. (2019 CFC 1003.6,
1031.1, 1031.2, 1004)
• All fire protection systems and required emergency exit doors within buildings being used
as part of the business or being utilized for bathroom facilities during the normal operating
hours, must be unobstructed and in good working order.
(If applicable) Portable generators must be provided with a barricade to prevent public access, and
a minimum of one currently serviced and date -tagged fire extinguisher with a minimum rating of
3A60BC, shall be provided within 10 feet of the generator. A separate permit may be required for the
generator and will require a review by the Fire Department.
**An employee, manager, or security personnel shall be capable of initiating evacuation of occupants
and notifying emergency responders, if necessary.**
An inspection by the Fire Department will be conducted prior to final approval. Make sure to have
the printed copy of the signed Open Air TUP permit for Fire signature at time of inspection. For any
questions related to these requirements, please contact the Fire Prevention Bureau at (626) 939-8823.
Permits will be valid through the termination of the Stte and Local Emergencies, unless terminated
sooner or further extended by the Director of Emergency services of the City Council.
Final Approval:
Fire Inspection Approval by: Date:
Printed N
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expect the number of cases in California, the United States and worldwide to increase. It is essential that the
City continue to provide basic services and provide for continuity of services over the long-term. Staff is
requesting that the City Council continue the local emergency.
On August 5, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, issued a
written order establishing the West Covina Open Air Program (the "Program") to enable the temporary use of
public and private rights -of -way by restaurants and businesses to promote physical distancing during the
pandemic and temporarily suspending certain West Covina Municipal Code ("WCMC") requirements to
facilitate the Program (Attachment No. 2). As part of the written order, the City Manager temporarily
suspended the following WCMC requirements:
• Subsections (b)(1), (b)(2) and (b)(3) of Section 26-609 (Major promotional event; commercial center
and a business on its own site (not in P-B, O-S, I-P zones))
• Subsection (b)(1) of Section 26-615 (Special Event — Minor promotional event; commercial business
(not in P-B, O-S, and I-P zones))
• Subsection (e) of Section 25-582 (Parking ratios, nonresidential (except PAR))
• The requirement for an Administrative Use Permit for restaurants with outdoor dining set forth in
Section 26-597 (Land uses (except industrial or manufacturing uses))
• The requirement set forth in Section 26-597 (Land uses (except industrial or manufacturing uses)) that:
"Uses specifically noted as "(Outdoor Display)" are allowed providing all functions other than display
are at all times conducted within an enclosed building."
• The requirement that restaurants obtain an Administrative Use Permit for onsite alcohol sales set forth in
Section 26-685.104.5 (On -sale alcohol use — Administrative use permit)
• Subsection (a)(1) of Section 26-685.105 (Change or intensification of existing on -sale or off -sale alcohol
use)
• Section 26-685.106
• Section 7-184(b) (Streets and highways; dedication required)
• The requirement for an Administrative Review application for restaurants with outdoor dining set forth
in Section 3.1 A (Permitted Land Uses) of the Downtown Code
• Subsections (D)(i), (D)(ii)(a)-(d) of Section 10.1 (Other Standards) of the Downtown Code
In addition to suspending the above WCMC requirements, the written order also waives the Open Air
Temporary Use Permit fee, Alcoholic Beverage Permit fee, Open Air Program Encroachment Permit fee, and
Fire Department fees associated with special event permits and temporary use permits for Program
participants.
Under the Program, restaurants and businesses can obtain an Open Air Temporary Use Permit ("Open Air
TUP") to conduct their operations outdoors. The process for obtaining an Open Air TUP is as follows:
• Submit complete application
• Receive an email confirming conditional approval (within 1 business day)
• Upon receipt of email confirming conditional approval of the Open Air TUP, applicant can set up the
outdoor area
• Applicant to schedule inspection with Fire Department within 7 days of receipt of Open Air TUP
conditional approval
• Fire Department personnel will conduct an onsite inspection.
• Fire Department will provide the final approval of the Open Air TUP after inspection
Program participants must agree to comply with several requirements to conduct outdoor operations,
including, but not limited to, the City's conditions of approval and compliance with all applicable local, State,
and Federal laws and regulations at all times while the Open Air TUP is valid, including, but not limited to, the
Governor's Stay -at -Home Order, the Los Angeles County Department of Public Health Officer's Safer at
Home Order, laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act,
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OPEN AIR TUP APPLICATION: PROPERTY OWNER ACKNOWLEDGEMENT
The Property Owner acknowledgement is required if the Applicant for the Open Air TUP is not
the property owner of the location at which the Open Air TUP is sought.
Property Owner Acknowledgment:
(Print Name), the
(Business Address)
legal property owner at
West Covina, CA, hereby
acknowledge and support the use of the area proposed in the Open Air TUP application.
Signature of Property Owner Date
or authorized designee
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Department of Alcoholic Beverage Control (ABC) regulations and orders relating to the service of alcohol,
and Los Angeles County health laws relating to the provision of food services.
The Open Air TUP application is included as Attachment No. 3.
The order will remain in effect until the termination of the State and local emergencies, unless terminated
sooner or further extended by the Director of Emergency Services or the City Council. The order was
necessary to address the local emergency. The City Council is hereby requested to approve and confirm the
written order pursuant to Section 8-7(a)(7) of the West Covina Municipal Code.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the proposed resolution as to form.
OPTIONS:
The options available to the City Council are as follows:
1. Adopt the resolution as submitted.
2. Determine the local emergency has ceased.
3. Provide alternative direction.
Prepared by: Mark Persico, Assistant City Manager
Attachments
Attachment No. 1 - Resolution No. 2020-91
Attachment No. 2 - Exhibit A ORDER 12
Attachment No. 3 - Open Air TUP Application
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL
GOALS &
OBJECTIVES:
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ATTACHMENT NO.1
RESOLUTION NO.2020-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, DETERMINING THE
NEED TO FURTHER CONTINUE THE LOCAL
EMERGENCY PROCLAIMED ON MARCH 16, 2020 AND
PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5,
20209 JUNE 2, 2020, JUNE 23, 2020 AND JULY 21, 2020
WHEREAS, the California Emergency Services Act (Government Code Section 8550 et
seq.) authorizes the City Council, or an official designated by ordinance adopted by the City
Counc4 to proclaim a local emergency when the City is threatened by conditions of disaster or
extreme peril to the safety of persons and property within the City that are Likely to be beyond the
control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, West Covina Municipal Code section 8-7(a)(1) empowers the City Manager,
as the Director of Emergency Services, to declare the existence or threatened existence of a local
emergency when the City is affected or Likely to be affected by a public calamity; and
WHEREAS, on March 16, 2020, the City Manager declared a local emergency as
authorized by Government Code section 8630(a) and West Covina Municipal Code section 8-
7(a)(1) through Proclamation No. 2020-01 due to the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-19,
ratifying the City Manager's proclamation as required by Government Code section 8630(b) and
West Covina Municipal Code section 8-7(a)(1); and
WHEREAS, Section 8-7(a)(2) of the West Covina Municipal Code empowers the City
Manager to request that the City Council review the need for continuing the local emergency at
least once every 30 days until the City Council terminates the local emergency; and
WHEREAS, at the time the City Council ratified the proclamation, the World Health
Organization (WHO) reported, as of March 15, 2020, 153,517 confirmed cases of COVID-19
globally, 5,735 of which resulted in death. On August 11, 2020, the WHO reported 19,936,210
confirmed cases globally, 732,499 of which resulted in death; and
WHEREAS, at the time the City Council ratified the proclamation, the California
Department of Public Health (CDPH) reported that, as of March 15, 2020, there were 335
confirmed cases of COVID-19 in California, six (6) of which resulted in death. On August 11,
2020, CDPH reported that, as of August 10, 2020, there were 574,411 confirmed cases in
California, 10,468 of which resulted in death; and
WHEREAS, at the time the City Council ratified the proclamation, the Los Angeles
County Department of Public Health ('LA County Health Department') reported that, as of March
15, 2020, Los Angeles County had 69 confirmed cases, including one (1) death and one (1)
confirmed case at West Covina High School On August 11, 2020, the LA County Health
Department reported that, as of August 10, 2020, Los Angeles County had 211,808 confirmed
cases, 5,057 of which resulted in death; and
WHEREAS, as of August 10, 2020, the LA County Health Department reported 2,307
confirmed cases in the City of West Covina, 39 of which resulted in death; and
WHEREAS, health officials expect the number of cases in California, the United States,
and worldwide to increase; and
WHEREAS, on April 7, 2020, the City Council adopted Resolution No. 2020-22,
determining there was a need to continue the local emergency and confirming the written orders
and regulations promulgated by the City Manager; and
WHEREAS, on May 5, 2020, the City Council adopted Resolution No. 2020-41,
determining there was a need to continue the local emergency and confirming the written orders
and regulations promulgated by the City Manager; and
WHEREAS, on June 2, 2020, the City Council adopted Resolution No. 2020-45,
determining there was a need to continue the local emergency; and
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-68,
determining there was a need to continue the local emergency; and
WHEREAS, on July 21, 2020, the City Council adopted Resolution No. 2020-85,
determining there was a need to continue the local emergency; and
WHEREAS, the City Manager has requested that the City Council review the need for
continuing the local emergency in accordance with Section 8-7(a)(2) of the West Covina
Municipal Code; and
WHEREAS, the City Council has reviewed the need for continuing the local emergency
as required by West Covina Municipal Code section 8-7(a)(2); and
WHEREAS, the City Council finds that the conditions resulting from the COVID-19
emergency are still beyond the control of the services, personnel, equipment, and facilities of the
City and require the combined forces of other political subdivisions to combat; and
WHEREAS, Section 8-7(a)(7) of the West Covina Municipal Code permits the City
Manager to prom algate written orders and regulations to provide for the protection of life and
property as affected by the emergency, and requires that such rules and regulations be confirmed
at the earliest practicable time by the City Council; and
WHEREAS, the City Manager has pronnilgated the written order set forth in Exhibit A,"
attached hereto and incorporated herein by this reference; and
WHEREAS, the City Council desires to confirm such written order.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council has reviewed the need for continuing the local emergency
as required by West Covina Municipal Code section 8-7(a)(2), and determines, based on the
foregoing recitals, that there is a need to continue the local emergency.
SECTION 2. This local emergency shall continue to exist until the City Council proclaims
the termination of the local emergency. The City Council shall review the need for continuing the
local emergency in the manner required by law.
SECTION 3. The City Council confirms the written order set forth in Exhibit A.
SECTION 4. The City Clerk shall certfy to the passage and adoption of this resolution
and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 18th day of August, 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, USA SHERRICK, ASSISTANT CM CLERK of the City of West Covina, Calitbrnia,
do hereby certify that the foregoing Resolution No. 2020-91 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the 18th day of August
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
EX MIT A
WRITTEN ORDER
ATTACHMENT NO.2 EXHIBIT A
Nyj V 11 ad 4 0 to] 04;a0WEM
WRITTEN ORDER OF THE CITY MANAGER OF THE CITY OF WEST COVINA,
CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES,
ESTABLISHING THE WEST COVINA OPEN AIR PROGRAM TO ENABLE THE
TEMPORARY USE OF PUBLIC AND PRIVATE RIGHTS -OF -WAY BY RESTAURANTS
AND BUSINESSES TO PROMOTE PHYSICAL DISTANCING DURING THE COVID-19
PANDEMIC AND TEMPORARILY SUSPENDING CERTAIN WEST COVINA
MUNICIPAL CODE REQUIREMENTS TO FACILITATE SUCH PROGRAM
WHEREAS, the California Emergency Services Act (Government Code Section
8550 et seq.) authorizes the City Council, or an official designated by ordinance adopted
by the City Council, to proclaim a local emergency when the City is threatened by
conditions of disaster or extreme peril to the safety of persons and property within the City
that are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City; and
WHEREAS, West Covina Municipal Code section 8-7(a)(1) empowers the City
Manager, as the Director of Emergency Services, to declare the existence or threatened
existence of a local emergency when the City is affected or likely to be affected by a public
calamity; and
WHEREAS, in the event of the proclamation of a local emergency, West Covina
Municipal Code section 8-7(a)(7)(a) authorizes the City Manager, as the Director of
Emergency Services, to promulgate written orders and regulations to provide for the
protection of life and property as affected by such emergency; and
WHEREAS, on March 16, 2020, the City Manager declared a local emergency as
authorized by Government Code section 8630(a) and West Covina Municipal Code
section 8-7(a)(1) through Proclamation No. 2020-01 due to the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-
19, ratifying the City Manager's proclamation as required by Government Code section
8630(b) and West Covina Municipal Code section 8-7(a)(1); and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-
20, which mandates that all individuals living in the State of California stay home or at
their place of residence, except as needed to maintain the continuity of operations of
essential services sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health ("LA Public Health") issued a Safer at Home Order for Control of COVID-19,
restricting and limiting gatherings and ordering the immediate closure of non -essential
retail businesses, indoor malls and shopping centers, and indoor and outdoor
playgrounds for children; and
WHEREAS, on May 4, 2020, Governor Newsom announced that, beginning May
8, 2020, the State could begin to move into Stage Two of the State's "Roadmap to
Pandemic Resilience," which allowed certain lower -risk businesses to gradually reopen
with adaptations; and
WHEREAS, on May 6, 2020, LA Public Health issued a five -stage roadmap to
recovery outlining a phased approach to modifying the County's Safer at Home Order
and a reopening process for certain businesses; and
WHEREAS, pursuant to State and County directives, restaurants and businesses
were permitted to reopen throughout May and June, subject to specified requirements,
including, but not limited to, physical distancing and infection control practices; and
WHEREAS, on July 1, 2020, following a surge in cases, the State ordered the
immediate closure of indoor operations for restaurants, movie theaters, family
entertainment centers, zoos, museums and cardrooms in 19 counties that remained on
the County Monitoring List for three (3) consecutive days, including Los Angeles County,
and the closure of all brewpubs, breweries, bars, and pubs, both indoors and outdoors,
subject to certain exceptions. On July 13, 2020, the State expanded this order to all
counties; and
WHEREAS, on July 13, 2020, the State ordered the closure of businesses in the
following industries in counties that have remained on the County Monitoring List forthree
(3) consecutive days, including Los Angeles County, unless they can be modified to
operate outside or by pick-up: gyms and fitness centers, places of worship and cultural
ceremonies, offices for non -critical infrastructure sectors, personal care services, hair
salons and barbershops, and shopping malls. The State's directive indicated that shops
that offer tattoos, piercings and electrolysis may not be operated outdoors and must close;
and
WHEREAS, the City of West Covina is taking steps to ensure restaurants and
businesses have the ability to operate safely during the COVID-19 pandemic and
economic recovery using available public and private rights -of -way; and
WHEREAS, the City of West Covina desires to temporarily authorize restaurants
and businesses to expand operations onto sidewalks and public and private parking
spaces within the City; and
WHEREAS, this Order is adopted pursuant to the City's police powers and powers
afforded to the City during local, state, and national emergencies and an unprecedented
pandemic, such powers being afforded by the California Constitution, the California
Government Code, and the West Covina Municipal Code. This Order is necessary for the
preservation of the public peace, health and safety. Pursuant to Government Code
section 8634 and West Covina Municipal Code section 8-7(a)(7)(a), this Order is