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HomeMy WebLinkAbout15 - Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking EstablishmentsQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 8, 2020 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin Zdeba, Senior Planner — 949-644-3253 bzdeba@newportbeachca.gov Makana Nova, Senior Planner — 949-644-3249 mnova@newportbeachca.gov TITLE: Emergency Ordinance No. 2020-008: Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking Establishments ABSTRACT: For City Council consideration is an Emergency Ordinance No. 2020-008 ("EO"), restricting any eating and drinking establishment with a walk-up bar to: a) ensure social distancing from patrons not from the same household; b) allow one person per seat; and c) not to allow standing at the walk-up bar. Additionally, the EO requires all volunteers, agents, and employees to wear face coverings while performing work on premises. As an emergency ordinance, EO No. 2020-008 would be effective upon approval. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency; and b) Pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt Emergency Ordinance No. 2020-008, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Adopting a One Person, One Seat, Rule within the City of Newport Beach and Administrative Procedures for Enforcement Thereof. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 15-1 Emergency Ordinance No. 2020-008: Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking Establishments September 8, 2020 Page 2 DISCUSSION: Background and Changes At the August 25, 2020 City Council meeting, Council member Brenner requested consideration of an emergency ordinance to enforce State guidance on face coverings and implement a "one person one seat" policy for dining establishments with walk up bars. This ordinance addresses restrictions for dining establishments with walk up bars. Businesses have been experiencing considerable market changes as a result of the COVID-19 pandemic and have had to quickly adjust their operations to provide a safe experience for their customers. Due to statewide restrictions on indoor commercial activity, businesses had to make physical modifications to ensure social distancing, technology improvements, interactions between customers and employees, and other adaptations to meet changing customer demands. To provide businesses and institutional uses with the necessary flexibility to move outdoors, the City Council established the Back to Business Program on May 26, 2020. Of the nearly 100 permits issued under this program, most of the permittees are eating and drinking establishments that have temporarily expanded their outdoor dining areas. In order to ensure social distancing is maintained, the following restrictions are being considered through the proposed EO (Attachment A): Social Distancing for Expanded Dining Areas Dining areas in all eating and drinking establishments in the City of Newport Beach shall be organized so that dining accommodations, such as a table and its corresponding chairs, are spaced so that patrons are at least six feet of physical distance from other patrons who are not from the same household. If the dining accommodations cannot be moved, then certain dining accommodations shall be selected for non-use and shall be clearly marked as unavailable, so that the remaining usable and available dining accommodations are spaced at least six feet apart of physical distance. Dining accommodations that are selected for non-use shall not be used by any person. One Person per Seat for Walk -Up Bars Any eating and drinking establishment with a walk-up bar shall limit the available seats to those that are at least six feet apart and limited to one person per seat. No standing shall be allowed at any walk-up bar. The management of the establishment must ensure that any patrons waiting to order a drink from the walk-up bar will have to do so in a manner that ensures six feet of social distancing. 15-2 Emergency Ordinance No. 2020-008: Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking Establishments September 8, 2020 Page 3 Mandatory Face Coverings All volunteers, agents, and employees of eating and drinking establishments shall wear face coverings while they are performing work on the premises including indoor and outdoor areas. Orange County Allowing Indoor Dining It is anticipated that Orange County restaurants will be allowed to serve patrons indoors to a limited capacity at some time in the future. If approved, the proposed EO will continue to be in full force even if limited indoor service is allowed. The EO will continue to be in force until the emergency proclamation is terminated or the EO is repealed. Code Enforcement Fines for Violations Any responsible person, as defined in Section 1.05.010 (C) of the Newport Beach Municipal Code ("NBMC"), which may mean an individual, employee, or company violating any provision of the emergency ordinance may be issued an administrative citation by an enforcement officer: i. The fine amount for a first violation shall be $100; ii. The fine amount for a second violation within a six-month period shall be $200; iii. The fine amount for a third violation within a six-month period shall be $500. Implementation If approved, the emergency ordinance will become effective upon its adoption and remain in place until the local emergency is terminated or the ordinance is repealed by the City Council. If approved, staff will inform all dining establishments with permits under the Back to Business Program in writing of the requirements of the EO. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The ordinance will result in physical modifications to existing eating and drinking establishments within the size limitations noted above. 15-3 Emergency Ordinance No. 2020-008: Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking Establishments September 8, 2020 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Emergency Ordinance No. 2020-008 15-4 Attachment A Emergency Ordinance No. 2020-008 15-5 EMERGENCY ORDINANCE NO. 2020-008 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ADOPTING A ONE PERSON, ONE SEAT, RULE WITHIN THE CITY OF NEWPORT BEACH AND ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT THEREOF WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services announced a nationwide public health emergency, in response to the COVID-19 outbreak; WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the broader spread of COVID-19 ("State of Emergency); WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; WHEREAS, on March 15, 2020, Governor Newsom called for all bars, wineries, nightclubs and brewpubs to close throughout the state, urged all seniors and people with chronic health conditions to isolate themselves at home, and for restaurants to reduce occupancy by half to keep people farther away from each other; WHEREAS, on March 15, 2020, in response to the COVID-19 outbreak, Newport Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director of Emergency Services") for the City, issued a Proclamation of Local Emergency ("Proclamation"); WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the Proclamation and authorized the Director of Emergency Services to take certain actions to protect the health, safety, and welfare of the public; 15-6 Emergency Ordinance No. 2020-008 Page 2 of 6 WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20, requiring all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors, to immediately heed current State public health directives, and to practice social distancing at all times when necessary to leave their homes ("Stay at Home Order"); WHEREAS, on April 1, 2020, the California Department of Public Health ("CDPH") issued guidance on the use of face coverings by the general public when outside the home conducting essential activities; WHEREAS, on April 14, 2020, Governor Newsom outlined six factors that the State of California would consider when modifying the Stay at Home Order including: (1) the ability to test, contact trace, isolate, and support the exposed; (2) the ability to protect those at high risk for COVID-19; (3) the surge capacity for hospital and health systems; (4) the therapeutic development to meet the demand; (5) the ability of businesses, schools, and childcare facilities to support physical distancing; and (6) a determination of when to reinstitute measures like Stay at Home; WHEREAS, on April 28 2020, Governor Newsom announced four "Resilience Roadmap Stages" that the State of California would use to guide its gradual reopening process, which consists of the following four stages: Stage 1, Safety and Preparedness; Stage 2, Lower Risk Workplaces; Stage 3, Higher Risk Workplaces; and Stage 4, End of Stay at Home Order; WHEREAS, on May 4, 2020, Governor Newsom announced that, beginning May 8, 2020, the State of California would move from Stage 1, which had been in place statewide since the issuance of the Stay at Home Order, to Stage 2, which is the gradual re -opening of some lower risk workplaces; WHEREAS, on June 18, 2020, CDPH updated its Face Covering Guidance, mandating that, in addition to practicing social distancing, face coverings must be worn state-wide in specified circumstances to limit the release of infected droplets when talking, coughing, and/or sneezing ("CDPH Face Covering Guidelines"); WHEREAS, on June 29, 2020, the County of Orange was placed on the state's watch list, primarily as a result of increasing cases and hospitalizations, which resulted in significant new restrictions on many businesses; WHEREAS, on July 2, 2020, the State of California launched the "Wear A Mask" public awareness campaign to encourage the use of face coverings as one of the best ways people can protect themselves and others from COVID-19; 15-7 Emergency Ordinance No. 2020-008 Page 3 of 6 WHEREAS, on July 13, 2020, the Director of CDPH issued an order closing all indoor bars and restaurants unless an exception applies, because statewide data had demonstrated a significant increase in the spread of COVID-19 since the move to Stage 2; WHEREAS, on July 29, 2020, the CDPH issued COVID-19 Industry Guidance for Dine -In Restaurants, which provides guidance for dine -in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries, to support a safe, clean environment for workers and customers, including organization, sanitation, and social distancing guidelines; WHEREAS, on August 23, 2020, the County of Orange was removed from the state's watch list because, among other things, the positivity test rates were below the state's maximum threshold of 8%, there was a significant decrease in hospitalizations related to COVID-19, the case rate per 100,000 population was under 100, and there were sufficient intensive care unit beds available as well as ventilators; WHEREAS, on August 28, 2020, Governor Newsom Governor replaced the state's county monitoring list, also called the watch list, with a new color coded tier system which provides a framework for tightening or loosening restrictions as follows: (a) minimal (Yellow) - less than 1 new coronavirus case per 100,000 people, and a test positivity rate under 2%, (b) moderate (Orange) - between 1 and 3.9 new cases per 100,000 people and a positivity rate between 2 and 4.9%; (c) substantial (Red) - 4-7 new cases per 100,000 people, and a positivity rate between 5 and 8%; and (d) widespread (Purple) - more than 7 daily new cases per 100,000 people, and a positivity rate above 8%; WHEREAS, the County of Orange is currently in the widespread tier (Purple); however, based on current data, the County of Orange is close to moving into the substantial tier (Red); WHEREAS, COVID-19 is easily transmitted, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard the public health and safety; WHEREAS, as commercial eating establishments in the City begin to move toward full re -opening, it is critical that they do so in a manner to limit the spread of COVID-19; WHEREAS, adoption of administrative enforcement procedures is necessary to help limit the spread of COVID-19, to protect the health, safety, and welfare of the public, and to expedite the State of California's progression towards full re -opening under the new color coded tier system, and 15-8 Emergency Ordinance No. 2020-008 Page 4 of 6 WHEREAS, Charter Section 412 provides that an ordinance necessary to preserve the public peace, health or safety, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: Section 1: The City Council of the City of Newport Beach hereby finds and declares that this emergency ordinance is necessary to help limit the spread of COVID- 19 and to protect the health, safety, and welfare of the public because it is critical to decrease the number of new COVID-19 cases and the percentage of tests that are reported as positive. To help the County of Orange and City of Newport Beach limit the spread of COVID-19, it is critical that eating and drinking establishments, as defined in Section 20.70.020 of the Newport Beach Municipal Code (hereinafter "Eating and Drinking Establishments"), within the City of Newport Beach observe social distancing guidelines so that operation and patronage of Eating and Drinking Establishments is performed in a safe manner to limit the spread of COVID-19, which will help expedite the State of California's progression through the new color coded tier system to eventually re -open the entire State. Section 2: Dining areas in all Eating and Drinking Establishments in the City of Newport Beach shall be organized such that dining accommodations, such as a table and its corresponding chairs, are spaced so that patrons are at least six feet of physical distance from other patrons who are not from the same household. In the event that dining accommodations cannot be moved, then certain dining accommodations shall be selected for non-use and shall be clearly marked as unavailable, so that the remaining usable and available dining accommodations are spaced at least six feet of physical distance apart. Dining accommodations that are selected for non-use shall not be used by any person. Any Eating and Drinking Establishment with a walk-up bar shall: (a) ensure that chairs/stools are spaced so that patrons are at least six feet from other patrons who are not of the same household; (b) only allow one person per seat; and (c) not allow standing at the walkup -bar. All volunteers, agents, and employees of Eating and Drinking Establishments shall wear face coverings at all times while they are performing work on the premises of the Eating and Drinking Establishment including, but not limited to, all indoor areas, as well as outdoor public and/or private areas authorized to be used by the Eating and Drinking Establishment. 15-9 Emergency Ordinance No. 2020-008 Page 5 of 6 Section 3: Any responsible person, as defined in Section 1.05.010 (C) of the Newport Beach Municipal Code ("NBMC"), violating any provision of this emergency ordinance may be issued an administrative citation by an enforcement officer, as defined in Section 1.05.010 (B) of the NBMC, in accordance with Chapter 1.05 of the NBMC, which is incorporated herein by this reference. The fine amount for a first violation shall be $100. The fine amount for a second violation within a six month period shall be $200. The fine amount for a third violation within a six month period shall be $500. Section 4: The recitals provided in this emergency ordinance are true and correct and are incorporated into the substantive portion of this emergency ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this emergency ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this emergency ordinance. The City Council hereby declares that it would have passed this emergency ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds and determines that the introduction and adoption of this emergency ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The ordinance will result in physical modifications to existing Eating and Drinking Establishments within the size limitations noted above. Section 7: This emergency ordinance shall become effective upon its adoption and shall continue in full force and effect until any of the following occur: (a) the local emergency proclaimed on March 15, 2020 and ratified by the City Council on March 18, 2020, is terminated by proclamation of the City Council; or (b) such time as this emergency ordinance is repealed in whole, or in part, by the City Council. 15-10 Emergency Ordinance No. 2020-008 Page 6 of 6 Section 8: The Mayor shall sign, and the City Clerk shall attest to the passage of this emergency ordinance. The City Clerk shall cause the emergency ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This emergency ordinance was introduced and adopted at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of September 2020, by the following vote, to -wit: 1-\'f�*3 NAYS: ABSENT: WILL O'NEILL, MAYOR LEILANI 1. BROWN, CITY CLERK CITY TTORNEY'S OFFICE --- C -ff — AARON C. HARP, CITY ATTORNEY 15-11