HomeMy WebLinkAboutRES 20-7252 (TEMPORARY CLOSURE FOR OUTDOOR DINING)ii
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RESOLUTION NO.20-7252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH RATIFYING EXECUTIVE ORDER NO. 2020-11 AND
AUTHORIZING THE CITY MANAGER TO TEMPORARILY CLOSE
PARTS OF CITY STREETS AS PART OF THE COVID-19 PANDEMIC
RESPONSE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
FIND, ORDER, AND RESOLVE AS FOLLOWS:
SECTION 1. Recitals.
1. As COVID-19 cases in Los Angeles County continues to increase, the County Health
Officer has reinforced restrictions on business and recreation conducted indoors,
while permitting outdoor activities and recreation subject to social distancing
requirements.
2. The latest revision to the County Health Officer Order ("Reopening Safer at Work
and in the Community for Control of COVID-19"), issued on August 12, 2020,
reaffirms that restaurants are closed for indoor, onsite dining, but authorizes local
public entities to temporarily close parts of streets to automobile traffic for purposes
of facilitating permitted recreational activity.
3. Section 21101(e) of the California Vehicle Code further authorizes the City to
adopt rules and regulations to temporarily close a portion of any street under its
jurisdiction for local special events and other purposes when, in the opinion of the
City or a public officer or employee that the City Council designates by resolution,
the closing is necessary for the safety and protection of persons who are to use that
portion of the street during the temporary closing.
4. The City Council desires that portions of certain local streets, including but not
limited to Hermosa Avenue (and possibly Pier Avenue under a future action by the
city), be temporarily used for outdoor recreation and open air dining and other
business purposes that allows the public to safely patronize local businesses and
enjoy the outdoors, while adhering to social distancing requirements.
5. To this end, on June 9, 2020, the City Council adopted Ordinance No. 20-1410U,
Implementing a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail
Display to Assist in the Reopening of Restaurants, Food, and Retail Establishments
during COVID-19, and on August 11, 2020, the Council authorized proposed plans
to temporarily close one lane of vehicular traffic in each direction on Hermosa
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Avenue, between 8th and 14th Street, to facilitate recreational and economic
activity in the City's downtown area.
6. On August 20, 2020, the City Manager, in her capacity as Director of Emergency
Services, adopted Executive Order No. 2020-11, closing specified lanes of traffic
on Hermosa Avenue as necessary to implement Ordinance No. 20-141OU and the
Council's August 11 direction. Under section 2.56.060 of the Hermosa Beach
Municipal Code, rules and regulations adopted by the Director of Emergency
Services, following the declaration of a local emergency, must be confirmed at the
earliest practicable time by the City Council.
7. The City Council finds and resolves that the lane closures in Executive Order No.
2020-11 and any additional closures for permits issued under Ordinance No. 20-
1410U and for the traffic control plans anticipated on Pier Avenue are necessary
for the protection of persons safely using City streets as permitted by the
County Health Officer Order for Control of COVID-19.
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:
SECTION 2.
1. Based on the foregoing and the reasons set forth in Executive Order No. 2020-11,
the City Council hereby ratifies Executive Order No. 2020-11, issued by the City
Manager, in her capacity as the Director of Emergency Services, on August 20,
2020 and attached hereto as Exhibit 1.
2. Based on the foregoing recitals and in accordance with the terms of Vehicle Code
section 21101(e), the City Manager or her designees may determine which streets
or portions of streets should be temporarily closed as part of the City's COVID-19
pandemic response to facilitate safe recreation and economic recovery and bring
about the temporary closure of such streets.
3. The City Manager or designee is authorized to extend the terms of outdoor permits
issued under Ordinance No. 20-1410U, until March 2021, consistent with the
approved time for the lane closures.
SECTION 3. Environmental Review. The lane closures effectuated by this Order are
necessary to facilitate outdoor economic and recreational activity in compliance with County Health
Officer Orders to reduce the spread of COVID-19. Implementation of the Order is thus exempt from
the California Environmental Quality Act ("CEQA") under the statutory exemption for actions
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necessary to prevent or mitigate an emergency (Public Resources Code § 21080(b)(4); CEQA
Guideline § 15269(c)) and the categorical exemption for minor temporary use of land (CEQA
Guideline § 15304(e)). The traffic control plan for the Hermosa Avenue lane closure is a temporary
measure (six months), that is created in direct response to County Health restrictions on indoor
dining, personal care, and fitness activities and is needed to provide space for businesses to operate
in the dense, built out environment, retain parking opportunities for customers, and provide space
for pedestrians and people bicycling to safely travel and maintain physical distance. In response to
COVID-19, businesses have experienced unprecedented and ongoing closures and limitations, and
the ability of local businesses to survive (and to mitigate the effects of this emergency) depend on
creation of additional outdoor and expanded spaces to provide for physical distancing. The City's
traffic engineer studied the feasibility and expected traffic impacts of closing the right turn lane for
the North End Bar and Grill's outdoor dining and found that, given the low volume of cars currently
using the right turn lanes, the closure could be readily and safely accomplished through the use of
signage, delineators, and other temporary traffic measures and that any rerouting of traffic would
have minimal impact on operations at the studied intersections. Finally, as this is a temporary
measure during a period of reduced use of streets by vehicular traffic (with many people working
from home), and as the improvements can be removed, there is no possibility that the lane closures
will have a permanent effect on the environment.
SECTION 4. Severability. 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 5. Effective Date. This Order shall become effective immediately.
PASSED, APPROVED and ADOPTED this 25th day of August 2020.
PRESIDENT of the City
ATTEST:
DocuSigned by:
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Eduardo Sarmiento, City Clerk
W.
OR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
DeeuSi Wd by:
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CYCASi46E69l1i1N04....
Michael Jenkins, City Attorney
Page 3 of 4
20-7252
State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
October 6, 2020
Certification of Council Action
RESOLUTION NO. 20-7252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH RATIFYING EXECUTIVE ORDER NO. 2020-11 AND AUTHORIZING
THE CITY MANAGER TO TEMPORARILY CLOSE PARTS OF CITY STREETS
AS PART OF THE COVID-19 PANDEMIC RESPONSE
I, Eduardo Sarmiento, City Clerk of the City of Hermosa Beach do hereby certify that the
above and foregoing Resolution 20-7252 was duly approved and adopted by the City
Council of said City at its regular meeting thereof held via teleconference on the
25th day of August, 2020 and passed by the following vote.
AYES: COUNCILMEMBERS ARMATO, DETOY, FANGARY, MAYOR
PROTEMPORE MASSEY, MAYOR CAMPBELL
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Eduardo Sarmien o,
City Clerk