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HomeMy WebLinkAboutItem No. 13 Local Emergency and Temp Program Allow Outdoor SeatingCity of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: TMP 19 -793 Agenda Date: 6/9/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency Agenda Number: 13) File Type: Council Consent Calendar City of Lake Elsinore Page 1 Printed on 61412020 CITY OF LADE L � LSINOP E DREAM EXTREME- REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Date: June 9, 2020 Subject: Continued Existence of a Local Emergency and Temporary Program to Allow Outdoor Seating to Support Local Restaurants Recommendation Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 2020 -18 TO FIND AND PROCLAIM THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY (COVID -19) AND AUTHORIZING THE CITY MANAGER TO APPROVE AND IMPLEMENT A TEMPORARY PROGRAM TO ALLOW OUTDOOR SEATING TO SUPPORT LOCAL RESTAURANTS. Background The Governor of California proclaimed a State of Emergency on March 4 due to the introduction of COVID -19 in the State of California. On March 8, 2020, the Riverside County Public Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of COVID -19 in Riverside County, which declaration was ratified and confirmed by the Riverside County Board of Supervisors on March 10, 2020. On March 17, 2020, the City Manager in his capacity as Disaster Director proclaimed the existence of a local emergency throughout the City of Lake Elsinore finding that conditions of extreme peril to the safety of persons and property have arisen within the City of Lake Elsinore related to the COVID -19 outbreak and that the efforts required to prepare for, respond to, mitigate and recover from the increasing spread of COVID -19 impose extraordinary demands which exceed the resources of the City of Lake Elsinore and are beyond the control of the services, personnel, equipment and facilities of the City. On March 24, 2020, the City Council adopted Resolution No. 2020 -18 Ratifying The Proclamation Of Local Emergency And Proclaiming The Existence Of A Local Emergency (Covid -19). Local Emergency and Disaster Relief June 9, 2020 Page 2 Discussion Following the adoption by the City Council of the Proclamation of Local Emergency, State law and the Lake Elsinore Municipal Code require the City Council periodically review the necessity for continuing the local emergency until the emergency is terminated. COVID -19 remains a serious threat to public health and the local emergency is continuing throughout the City of Lake Elsinore, County of Riverside, State of California, the United States and worldwide. All levels of government are working diligently to address these risks, including extraordinary efforts by the County of Riverside to coordinate with cities within the County to disseminate information, provide guidance and other important information, and to issue and enforce public health orders. As the community looks toward a phased re- opening consistent with federal, state and county guidelines, including anticipated social distancing requirements, city staff proposes to relax certain parking and zoning requirements to allow additional outdoor seating. The attached Resolution authorizes the City Manager to approve and implement this type of program to support local restaurants. Exhibits A — Resolution No. 20- RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 20 -18 TO FIND AND PROCLAIM THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY (COVID -19) AND AUTHORIZING THE CITY MANAGER TO APPROVE AND IMPLEMENT A TEMPORARY PROGRAM TO ALLOW OUTDOOR SEATING TO SUPPORT LOCAL RESTAURANTS WHEREAS, California Government Code 8630, et seq. and Lake Elsinore Municipal Code 2.20.080.B. provide that the City Council may proclaim the existence of a local emergency when the City of Lake Elsinore is affected or likely to be affected by conditions of extreme peril to the safety of persons and property within the City that are beyond the control of the services, personnel, equipment and facilities of the City; and WHEREAS, the novel Coronavirus (COVID -19) is a respiratory disease easily transmittable from person to person and considered by the Centers for Disease Control and Prevention (CDC) to be a very serious public health threat with outcomes ranging from mild sickness to severe illness and death; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency for COVID -19; and WHEREAS, on March 4, 2020 the California Department of Health Services reported its first death related to COVID -19 and Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID -19 in the state; and WHEREAS, on March 7, 2020, the first case of locally acquired COVID -19 was confirmed in Riverside County; and WHEREAS, on March 8, 2020, Riverside County Public Health Officer determined that there is an imminent and proximate threat to public health from the introduction of COVID -19 in Riverside County and declared a local health emergency in Riverside County which declaration was ratified and confirmed by the County Board of Supervisors on March 10, 2020; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID -19 outbreak a global pandemic; and WHEREAS, on March 12, 2020, the number of confirmed cases of COVID -19 in Riverside County had increased to eight (8) with three (3) confirmed cases locally acquired /community spread and the discovery of additional community cases is inevitable; and WHEREAS, Riverside County is taking extraordinary measures to mitigate the spread of COVID -19 and, on March 12, 2020, the Riverside County Public Health Officer issued an order cancelling all events in Riverside County with expected attendance above 250 individuals; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency over the COVID-19 outbreak; and CC Reso No. 2020 - Page 2 of 5 WHEREAS, by March 16, 2020, the number of confirmed cases of COVID -19 in Riverside County had increased to fourteen (14) and the Riverside County Public Health Officer issued an order cancelling gatherings of 10 or more people in Riverside County; and WHEREAS, on March 17, 2020, the City Manager acting in his capacity as Disaster Director proclaimed the existence of a local emergency throughout the City of Lake Elsinore; and WHEREAS, by March 19, 2020, the number of confirmed cases of COVID -19 in Riverside County had increased to twenty -two (22) with three (3) confirmed cases in southwest Riverside County; and WHEREAS, on March 24, 2020, the City Council adopted Resolution No. 20 -18 ratifying and confirming the Proclamation of Local Emergency; and WHEREAS, by June 2, 2020, the total number of confirmed cases of COVID -19 in Riverside County had swelled to eight thousand one hundred fifty -five (8,155) with three hundred forty -two (342) deaths; and WHEREAS, the COVID -19 pandemic has created conditions that continue to threaten the health, safety and welfare of Lake Elsinore residents, businesses, visitors and staff that require extraordinary measures beyond the control of the services, personnel, equipment and facilities of the City of Lake Elsinore; and WHEREAS, the health, safety and welfare of Lake Elsinore residents, businesses, visitors and staff is of utmost importance to the City and the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments continues to be critical to successfully responding to COVID -19; and WHEREAS, the City Council does hereby find the following: 1) The above Recitals are true and correct and based thereon, hereby finds that conditions of extreme peril to the safety of persons and property related to COVID -19 have arisen and continue to exist within the City of Lake Elsinore; and 2) the efforts required to prepare for, respond to, mitigate and recover from the increasing spread of COVID -19 impose extraordinary demands which exceed the resources of the City of Lake Elsinore and require a coordinated and collaborative effort among the County of Riverside and the incorporated cities together with guidance and assistance on statewide, nationwide and worldwide levels; and 3) the aforesaid conditions of extreme peril are beyond the control of the services, personnel, equipment and facilities of the City of Lake Elsinore and warrant and necessitate the continuation of the Proclamation of a Local Emergency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, PROCLAIM AND ORDER AS FOLLOWS: Section I. The City Council of the City of Lake Elsinore does hereby ratify the findings contained in Resolution No. 20 -18 and does hereby proclaim that a Local Emergency related to COVID -19 continues to exist throughout the City of Lake Elsinore. CC Reso No. 2020 - Page 3 of 5 Section 2. During the threatened existence and actual existence of said local emergency the powers, functions, and duties of the Disaster Director, the Disaster Council and emergency organizations of the City shall be those prescribed by state law, by Ordinances, and Resolutions of the City of Lake Elsinore, and the City's Disaster Relief Plan, as approved by the City Council. Section 3. To ensure that City vendors are paid in a timely manner, the City Manager and the City Treasurer are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made. Section 4. The City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its council meetings via teleconferencing and other electronic means to permit councilmembers and members of the public to adopt social distancing to the greatest extent possible while still proceeding with the efficient handling of the City's business, in compliance with California Executive Order N- 29 -20. Section 5. Pursuant to the discretionary powers vested in the City Council pursuant to Lake Elsinore Municipal Code 5.12.010, good and satisfactory cause has been shown to delay the due date of business license renewal fees otherwise payable under Title 5. The City Manager is directed to provide a 90 -day extension of the applicable due date for payment of business license renewal fees otherwise due during the COVID -19 Local Emergency ratified and proclaimed by Resolution No. 20 -18. Section 6. As the City looks toward a phased re- opening consistent with federal, state and county guidelines, including anticipated social distancing requirements, the City Council desires to support local restaurants by relaxing parking and zoning requirements to allow additional outdoor seating opportunities. Notwithstanding parking regulations imposed by conditions of approval to city entitlements or applicable provisions of the Lake Elsinore Municipal Code, the City Manager, or his designee, is authorized to approve and implement a program to allow restaurants to provide outdoor seating within off - street parking areas directly in front of /adjacent to the restaurant, provided (i) the seating does not obstruct any public right of way, ADA access or main drive aisles and provides the appropriate path of travel for patrons, (ii) the restaurant submits a written plan that demonstrates the appropriate social distancing consistent with the requirements outlined by the County, State, or Federal agencies signed by the business owner and the property owner, and (iii) the Community Development Director, or his /her designee, approves the plan and any modifications thereto in writing prior to the restaurant implementing additional outdoor seating areas. The City Manager can suspend such policies at any given time, as he deems appropriate. Section 7. This Resolution shall take effect immediately upon its adoption and the City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 9th day of June 2020. Brian Tisdale, Mayor ATTEST: CC Reso No. 2020 - Page 4 of 5 Candice Alvarez, MMC, City Clerk CC Reso No. 2020 - Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Candice Alvarez, MMC, that Resolution No. 2020 - California, at the Regular following vote: AYES: NOES: ABSENT: ABSTAIN: ss. City Clerk of the City of Lake Elsinore, California, do hereby certify was adopted by the City Council of the City of Lake Elsinore, meeting of June 9, 2020, and that the same was adopted by the Candice Alvarez, MMC City Clerk