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31 RESOLUTION NO. 2021_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE MARCH 29,
2022 FORTY -FIRST 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
AND ON CERTAIN CITY ROADWAYS TO AUGUST 31, 2022; (2)
FURTHER EXTENSION OF EXISTING TEMPORARY USE
PERMITS ISSUED DURING THE COVI D-19 PANDEMIC TO
EXPAND OUTDOOR DINING ON PRIVATE PROPERTY TO
AUGUST 31, 2022; AND (3) EXTENSION OF WAIVER OF
OUTDOOR DINING LICENSE FEES AND VALET PARKING
LICENSE FEES TO AUGUST 31, 2022 , ISSUED BY THE CITY
MANAGER, AS DIRECTOR OF EMERGENCY SERVICES,
UNDER CITY OF CULVER CITY EMERGENCY AUTHORITY,
DUE TO THE COVID-19 PANDEMIC.
WHEREAS, pursuant to the authority gr anted by Culve r City Municipal C ode (CCMC) Section 3.09.0 20, o n Mar ch 14, 202 0, the Ci ty Manag er, as th e Directo r of Emergency Services, issued a Proclamation of Local Emergency due to the Coronavirus (COVID-19) pandemic, which was ratified b y the City Council on March 18, 2020 by Resolution No. 2020-R015. Such action followed the Los Angeles County Department of Public Health’s (LACDPH) and the Chair of the Board of Supervisor’s declarations of a local health emergency and the State of California’s declaration of a State of Eme rgency on March 4, 2020, and the declaration of a National Emergency on March 13, 2020; and WHEREAS, beginning on March 16, 2 020, un der the auth ority of CCMC Section 3.09.020, the City Manager issued an initial Public Order and 41 Supplements to Public O rder, that included at various times business closures, restrictions on non - essential activities, a dvising 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 refraining from social gatherings, and , at times, closing of
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31 indoor portions of non -essential businesses , and most recently, requiring proof of vaccination to enter indoor portions of certain c ategories of businesses and indoor portions of City facilities; and
WHEREAS, the First Supplement to Public Order, issued on March 20, 2020, waived outdoor dining fees and valet permit fees for a short period of tim e, and these waivers were periodically extended through subsequent Orders; and WHEREAS, the 16th Supplement to Pu blic Order, issued June 1, 2020 , permitted restaurants to expand dining operations outdoors into the public right-of-way, or expand existing outdoor dinin g facilities further into the public right -of-way (i.e., public sidewalks and streets) , all subject to the approval of a Temporary Use Permit (TUP) approved by the Public Works Director/City Engineer; and WHEREAS, on May 24, 2021, at the regular City Counc il public meeting, the City Council extended TUPs for t he use of the public right -of-way for expanded outdoor dining and other uses, through Labor Day (September 6, 2021), and further extended the waiver of outdoor dining license fees and valet parking per mit fees through that same date; and
WHEREAS, the 17 th Supplement to Public Order, issue d June 10, 2020, relaxed certain Zoning Code requirements and permitted restaurants to expand dining operations outdoors on private property, subject to the approval of the Community Development Director and in accordance with the TUP process outlined in Z oning Code Chapter 17.520, and on April 21, 2021, the 36 th Supplement to Public Order expanded to the 16th and 17th Supplements to allow bars to apply for TUPs to operate outdoors in the public right of way and on private property; and
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31 WHEREAS, 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, and also extended the waiver of outdoor dining license fees and valet parking license fees through that same date; and
WHEREAS, on December 7, 2021, the City Manager issued the 39 th Supplement to Public Order, extending to April 30, 2022 the TUPs issued by the Public Works Director for City sidewalks and for certain areas of the City where roadway TUPs had been issued were not affected by the MOVE Culver City construction , 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; and
WHEREAS, the extension of TUPs and continued waiver of license fees were actions 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, the Omic ron variant surge in December 2021 and January 2022, and recognition that the public was becoming increasingly reluctant to dine, shop and conduct business indoors; and
WHEREAS, the Public Order s issued by the City Manager have all been confirmed by the City Council; and
WHEREAS, while the COVID -19 case rates and transmission rates have continued to decline since the severe Omicron surge in December and January, daily
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31 information published by the LACDPH illustrates the continued community transmission of COVID-19, as well as continued hospitalizations and deaths, and a new subvariant of the Omicron mutation, ca lled B.A.2, which is rising across Europe and in the United States, and has become the dominant variant in California and Los Angeles County; further, there are concerns that persons over age 65 who were vaccinated or boosted earlier in the pandemic may be vulnerable, and both Pfizer and Moderna have received approval of another booster shot for older adults; and
WHEREAS, due to the continuing community transmission of COVID -19 in the country, the state, and t he County of Los Angeles, the ongoing concerns about the COVID-19 variants, as well as to aid in the economic recovery of the City’s businesses, it is a reasonable and prudent measure to assist the City’s businesses to continue to operate outdoors to protect the public health and safety during the ongoing and ever - changing pandemic.
NOW, THERE FORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows:
1. Pursuant to CCMC Section 3.09.020 .B.1.h(2), the City Council hereby co nfirms the Forty-First Supplement to Public Order iss ued by the City Manager, in his capacity as Director of Emer gency Services, on March 29, 2022, attached hereto as Exhibit A and incorporated herein by reference.
2. The City C ouncil finds that this Resolution is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and Section 15060(c)(3) [the activity is not a project as defined in Section 15378] because it has no potential for
CITY MANAGER’S OFFICE
CITY OF CULVER CITY
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-6000
•
FAX (310) 253-6010
JOHN M. NACHBAR
CITY MANAGER
____________________________
Culver City Employees take pride in effectively providing the highest levels of service to enrich the quality of life for the community by building on our tradition of more than 100 years of public service, by our present commitment, and by our dedication to meet the challenges of the future.
Forty-First Supplement to Public Order Under
City of Culver City Emergency Authority
Issue Date: March 29, 2022
Subject: (1) Further Extension of Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining and Other Uses on City Sidewalks and on Certain City Roadways to August 31 , 2022; (2) Further Extension of Existing Temporary Use Permits Issued During the COVID-19 Pandemic to Expand Outdoor Dining on Private Property to August 31, 2022; and (3) Extension of Waiver of Outdoor Dining License Fees and Valet Parking License Fees to August 31, 2022.
Background of Local Emergency and Authority Granted for the Issuance of Temporary Use Permits and Fee Waivers to Assist Businesses During the Pandemic.
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.
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 through the issuance of a Temporary Use Permit (TUP).
The 17th Supplement to Public Order, issued June 10, 2020, relaxed certain Zoning Code requirements and permitted restaurants to expand dining operations outdoors on private property, subject to the approval of the Community Development Director and in Forty-First Supplement to Public Order
Issue Date: March 29, 2022
accordance with the TUP process outlined in Zoning Code Chapter 17.520. On April 21, 2021, the 36th Supplement to Public Order expanded to the 16th and 17th Supplements to allow bars to apply for TUPs to operate outdoors in the public right of way and on private property.
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.
On December 7, 2021, the City Manager issued the 39 th Supplement to Public Order, extending to April 30, 2022 the TUPs issued by the Public Works Director for City sidewalks and for certain areas of the City where roadway TUPs had been issued were not affected by the MOVE Culver City construction, 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.
While the COVID-19 case rates and transmission rates have continued to decline since the severe Omicron surge in December and January, daily informa tion published by the Los Angeles County Department of Public Health illustrates the continued community transmission of COVID-19, as well as continued hospitalizations and deaths. Additionally, the emergence of a new subvariant of the Omicron mutation, c alled B.A.2, is rising in Europe and on the U.S. east coast, and has already been detected in California and Los Angeles County and is increasingly become more prevalent . There are concerns that persons over age 65 who were vaccinated or boosted earlier i n the pandemic may be vulnerable, and both Pfizer and Moderna have asked the U.S. Food and Drug Administration (FDA) to approve another booster shot for older adults.
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 COVID-19 variants, as well Forty-First Supplement to Public Order
Issue Date: March 29, 2022
as to aid in the economic recovery of the City’s businesses, it is a reasonable and prudent measure to assist the City’s businesses to continue to operate outdoors to protect the public health and safety during the ongoing and ever-changing pandemic.
Public Order
By virtue of authority vested in me as the Director of Emergency Services , pursuant to the provisions of CCMC Section 3.09.020.B.1.h(2), to make and issue rules and regulations on matters reasonably related to the protection of persons, property, and the environment as affected by such emergency, I hereby order:
1. TUPs issued by the Public Works Director for the expansion of outdoor dining and other uses on City sidewalks , as set forth in the 16 th Supplement and extended pursuant to the 37 th and 39th Supplements, are further extended through August 31, 2022.
2. TUPs issued by the Public Works Director for expansion of outdoor dining and other uses in City roadways, in the form of parklets , and in areas protected from traffic by City -installed barriers that were unaffected by the MOVE Culver City construction project, including Main Street, the portion of Culver next to the K -ZO Restaurant, a portion of Irving Place next to Rush Street, and sections of Washington Boulevard between Hargis Street and Melvil Street , are further extended through August 31, 2022, subject to the City’s right to terminate or modify the TUPs prior that date, with thirty days written notice to the affected TUP holder.
3. TUPS issued by the Community Development Director for expansion of outdoor dining or for outdoor operations of bars, as set forth in the 17th and 36 th Supplements to Public Order, to the extent the expanded outdoor operations are still in existence, and are eligible for or having pending extension determinations, are further extended per the conditions previously approved, through August 31, 2022, subject to the City’s right to terminate or modify the TUP s prior that date, with thirty days written notice to the affected TUP holder.
4. The waiver of outdoor dining license fees and valet parking license fees is further extended through August 31, 2022.
5. The City of Culver City will continue to align with the County of Los Angeles Health Officer Orders, including the most recent March 3, 2022 Public Order, and will automatically align with any new or subsequent County of Los Angeles Public Health Order or Directive, except where City Orders are issued with Culver City specific restrictions or requirements.
6. Additional social distancing, infection control, and health and safety measures and guidelines may be imposed at any time, in my sole discretion, in order to ensure the protection of the public’s health and safety, and the intent of each and every Public Order is carried out.
Forty-First Supplement to Public Order
Issue Date: March 29, 2022
Any violation of this Forty-First Supplement to Public O rder may be enforced under the Culver City Municipal Code , which provides for fines not to exceed $1,000 or imprisonment not to exceed six months . Each individual officer and City official should use their discretion in enforcing this order and always keep the intent of the order in mind.
Except as otherwise expressly provided herein, t his Forty-First Supplement to Public Order shall be effective immediately and shall remain in effect until superseded , amended, modified, rescinded, or expired by its terms.
Date: March __, 2022
________________________________
John M. Nachbar, City Manager
Director of Emergency Services
City of Culver City
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