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HomeMy WebLinkAboutE-10 Staff Report - Downtown Sidewalk Dining PilotCONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 15, 2020 SUBJECT: REQUEST TO APPROVE THE DOWNTOWN SIDEWALK DINING PILOT PROGRAM AND WAIVE FEES FOR THE ASSOCIATED ENCROACHMENT PERMIT REQUIREMENT BACKGROUND: In response to COVID-19, the County of Los Angeles Department of Public Health’s Safer at Home Order, required businesses to suspend services resulting in interrupted business activity, lost revenues and layoffs. Although the recent Reopening Safer at Work and in the Community for Control of COVID-19 Health Order allows restaurants to re-open, they are required to resume business activity at 60% capacity and adhere to the guidelines and protocols which can potentially have a financial strain on restaurants. The Downtown Sidewalk Dining Pilot Program allows restaurants in the downtown to increase their seating capacity within the allowable capacity and encroach onto the public right-of-way. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Approve the Downtown Sidewalk Dining Pilot Program; and 2)Waive the associated Encroachment Permit fee. ANALYSIS: On May 29, 2020, the County of Los Angeles Public Health Department issued a revised order for Reopening Safer At Work and In the Community For Control of COVID-19 moving the County through Stage 2 of California’s Pandemic Resilience Roadmap. In Stage 2, Restaurants are allowed to reopen for on-site dining at a 60% maximum capacity to allow sufficient space for social distancing. Although this is a significant step towards normal operations, complying with the Protocol for Restaurants Opening for On-Site Dining (Appendix I of the Order) can be costly. Further, restaurants are limited to seating arrangements that allow for social distancing limiting the number of tables available for use. Local restaurants play a vital role in the fabric of the community. With a creative approach, consistent with APPROVED CITY COUNCIL 6/15/2020 Approve Downtown Sidewalk Dining Program and Waive Encroachment Fee June 15, 2020 Page 2 social distancing and infection control protocols, outdoor seating can be an effective measure to assist restaurants in recovering from the shutdown and positioning them to thrive. It provides restaurants without patios the ability to facilitate outdoor dining which is in a greater demand as a result of the virus. Further, sidewalk dining is in line with the Azusa Transit Oriented Development (TOD) Specific Plan. More specifically, the Plan envisions a pedestrian friendly environment with an active and vibrant street scene along Azusa Avenue. The Downtown Sidewalk Dining Pilot Program allows restaurants in the downtown to place a maximum of three (3) tables on the sidewalk with a 48” clearance free of obstructions for ADA compliance. Conditions of approval include: • Social distancing and infection control protocols must be adhered to. • Any trash or debris left behind shall be cleaned on a daily basis. The encroachment area must be swept at the end of the business day. • Applicant is responsible for providing tables and chairs. • Applicant is responsible for the maintenance and removal of tables and chairs at the close of each working day/night. No permanent fixture or hole etc. shall be construction on the public sidewalk. The City will not be responsible for lost, stolen or damaged furniture. • A Certificate of Liability Insurance naming the City of Azusa as additional insured and worker’s compensation insurance are required. • Approved applications will expire within (1) one year or when the Los Angeles County Department of Public Health lifts the COVID-19 Public Health Order whichever occurs first. After, it has expired, the sidewalk must revert back to its original condition unless otherwise extended by the City of Azusa in writing. Participation in the program requires applicants to obtain an encroachment permit for the use of the public right of way. Such permit has an associated fee of $172.20. Staff recommends the City Council approve the Downtown Sidewalk Dining Pilot Program to provide an avenue for business recovery and waive the Encroachment Permit fee associated with the program. The program is a Pilot program for the Downtown Azusa. Participation and success of the program will provide an avenue for consideration of a permanent program in the future. In addition, to the Downtown Sidewalk Dining Pilot program, Staff is exploring a Parklet Dining Pilot Program to provide additional opportunities for outdoor dining on curbside parking spaces. FISCAL IMPACT: The proposed recommendations waive the Encroachment Permit fee of $172.20 per application received. Prepared by: Reviewed and Approved: Carina Campos Matt Marquez Economic Development Specialist Economic and Community Development Director Approve Downtown Sidewalk Dining Program and Waive Encroachment Fee June 15, 2020 Page 3 Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) Downtown Sidewalk Dining Pilot Permit Downtown Sidewalk Dining Pilot Program COVID-19 Page 1 of 4 CITY OF AZUSA DOWNTOWN SIDEWALK DINING PILOT PROGRAM Participation in the Downtown Sidewalk Dining Pilot Program is open to dine-in restaurants in the Downtown who have been impacted by Coronavirus (COVID-19). The Program strives to assist restaurants in recovering from the shutdown and position them to thrive. It provides restaurants without patios or with limited seating the ability to facilitate outdoor dining which is in greater demand as a result of COVID-19. An approved application allows dine-in restaurants to increase their seating capacity by offering sidewalk dining. SIDEWALK DINING GUIDELINES Sidewalk dining allows restaurants to encroach onto the public right-of-way for the purposes of dining. •A maximum of three (3) tables are allowed where permissible. •Tables must be placed in a way that provides 48” clearance free of obstructions for ADA compliance. CONDITIONS OF APPROVAL •Social distancing and infection control protocols must be adhered to. •The applicant must comply with the American Disabilities Act, Title 24 of the California Code of Regulations and other applicable state and federal laws. •A 48” wide continuous walkway on sidewalk for pedestrian is required. Objects placed on the sidewalk must not interfere with pedestrian safety and visibility. •Applicant is responsible for providing tables and chairs. •Applicant is responsible for the maintenance and removal of tables and chairs at the close of each working day/night. No permanent fixture or hole etc. shall be construction on the public sidewalk. The City will not be responsible for lost, stolen or damaged furniture. •Any umbrellas used may not obstruct the pedestrian walkway. •Any trash or debris left behind shall be cleaned on a daily basis. The encroachment area must be swept at the end of the business day. •On-site sale of alcoholic beverages is subject to requirements of the California Department of Alcoholic Beverage Control and/or Los Angeles County of Public Health. •This permit is provisional. The City does not grant ownership of the City right-of-way to the applicant. •A Certificate of Liability Insurance naming the City of Azusa as additional insured and worker’s compensation insurance are required. See guidelines below. •Approved applications will expire within (1) one year or when the Los Angeles County Department of Public Health lifts the COVID-19 Public Health Order whichever occurs first. After, it has expired, the sidewalk must revert back to its original condition unless otherwise extended by the City of Azusa in writing. #DOWNTOWNAZUSA #AZUSAEATS Attachment 1 Downtown Sidewalk Dining Pilot Program COVID-19 Page 2 of 4 CITY OF AZUSA DOWNTOWN SIDEWALK DINING PILOT PROGRAM INSURANCE GUIDELINES Certificate of Liability Insurance Applicant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. If alcohol is sold during the permitted activity, coverage must include full liquor liability. Agency, its officers, officials, agents, and employees shall be included as additional insureds on the policy. Workers’ compensation insurance. Applicant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Applicant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Azusa, its officers, agents, employees and volunteers. Proof of insurance. Insurance certificates and endorsements must be approved by city’s Risk Manager prior to issuance of permit. Current certification of insurance shall be kept on file with the city at all times during the term of this permit. The city reserves the right to require complete, certified copies of all required insurance policies, at any time. Primary/non-contributing. Coverage provided by Applicant shall be primary and any insurance or self-insurance procured or maintained by the city shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the city before the city’s own insurance or self- insurance shall be called upon to protect it as a named insured. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the city’s Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the city, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the applicant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Applicant hereby waives its own right of recovery against the city. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the applicant maintains higher limits than the minimums shown above, the city requires and shall be entitled to coverage for the higher limits maintained by the applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the city. Downtown Sidewalk Dining Pilot Program COVID-19 Page 3 of 4 CITY OF AZUSA DOWNTOWN SIDEWALK DINING PILOT PROGRAM Notice of cancellation. Applicant agrees to oblige its insurance agent or broker and insurers to provide the city with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Indemnification Applicant shall indemnify, defend, and hold harmless the City of Azusa, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Applicant’s authorized activities under the terms of this application and use or occupancy of the sidewalk public right of way and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of Azusa, its officers, employees, or agents. Downtown Sidewalk Dining Pilot Program COVID-19 Page 4 of 4 CITY OF AZUSA DOWNTOWN SIDEWALK DINING PILOT PROGRAM PERMIT NO. _____________ CONTACT INFORMATION Business Name: __________________________________________________________ Business License #: __________________________________________________________ Business Address: __________________________________________________________ Applicant Name: __________________________________________________________ Phone Number: __________________________________________________________ E-Mail Address: __________________________________________________________ SITE PLAN Provide a site plan that identifies the following: a. Your business b. Length and width of sidewalk area designated for dining c. Proposed pedestrian circulation d. The size, number and location of tables and chairs and height and width of umbrellas if any. Will alcohol be sold during the permitted activity? Yes* No *On-site sale of alcoholic beverages is subject to requirements of the California Department of Alcoholic Beverage Control and/or Los Angeles County of Public Health. Please contact the California Department of Alcoholic Beverage Control for further information. By signing below, I acknowledge the guidelines and conditions of approval. ____________________________________________________________________________________ Signature of Applicant Date Submit completed application and site plan to Carina Campos, Economic Development Specialist at ccampos@azusaca.gov. For questions please call (626) 812-5102. City Use Only Site Plan Submitted Certificate of Liability Insurance Endorsement Workers Compensation Permit Issued By: ______________________________________ Date: _______________ Permit Expiration Date: End of COVID-19 Public Health Order or ________________________ whichever occurs first.