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HomeMy WebLinkAbout07/31/2020CC OFFICE OF THE CITY MANAGER July 31 2020 TO: Honorable Mayor and City Council FROM: Christian Clegg, City Manager SUBJECT: General Information COVID-19 Updates  A very big thank you to Warrior International Trading for their very generous donation of 4,000 KN95 masks to the Bakersfield Fire and Police Departments! The City received the masks late last week and they have since been delivered to the two departments for distribution. Be sure to check out the video of the masks being delivered and the thank you message from both departments!  The City continues to receive applications from businesses for the new COVID-19 Special Event Permit, with 14 permits already issued to businesses and another 19 currently going through the process (as of Friday, July 31). In an effort to make the process easier for businesses to apply for the permit, staff has created a new streamlined application designed specifically for this permit. The form is simpler and focused on the specifics of this permit’s purpose. The process takes about five business days for approval. The permit allows businesses to temporarily operate on public sidewalks or in public streets Downtown, or in private parking lots elsewhere around the City. The permit process helps prepare businesses to meet health and safety regulations in a new location not previously approved for operation. Staff is happy to help interested owners and managers through the process so General Information July 31, 2020 Page 2 businesses can begin operating again while following the state’s health guidelines in place to limit the spread of the novel coronavirus. Anyone interested in applying for the permit – which is valid throughout the duration of the City’s Emergency Declaration – can do so here. For questions about the application process or the permit itself, please call 661-326-3762 or 661-326-3753. Notable Items  The Bakersfield Animal Care Center’s annual Clear the Shelters event kicks off Saturday, August 1, and this year it is online only! Anyone interested in adopting a pet can do so here. Adoptions will be free until August 29. Donations can be made online here. And we, of course, want to thank our sponsors and partners, KGET-17, Bill Wright Toyota, North Bakersfield Toyota, and Today Cleaners!  Public Works crews continue to work to repair damage created by a sinkhole at the intersection of Brundage Lane and Chester Avenue last week. The sinkhole developed on Saturday, July 18. Staff has determined the sinkhole was caused by the deterioration of a 39-inch concrete sewer pipe due to corrosive sewer gases. Crews have installed a temporary sewer bypass to keep the sewer system working in the meantime, and a contractor has been hired to complete an emergency replacement of the failed pipe, as well as replacing seven deteriorated sewer manholes. Traffic will continue to be impacted as repair work continues into August. Drivers are advised to use alternate routes and to avoid the area until that work is completed. The repairs are expected to be finished by August 14. General Information July 31, 2020 Page 3  City staff visited the Brundage Lane Navigation Center this week as work continues there (below). Assistant City Manager Jacqui Kitchen recently provided an update to the City Council on progress being made turning the former cotton conglomerate site into a low-barrier homeless shelter. Work has included framing out future showers – including installing necessary plumbing – as well as framing other areas such as dormitories for clients. The shelter continues to be on track for a Fall 2020 opening with capacity to house 50 people to start, and eventually growing to 150 soon after. Progress can be followed at the City’s BLNC webpage, which also features quarterly newsletters.  On Thursday, July 30, the Bakersfield Fire Department held a brief promotional ceremony to recognize the department’s five newest Fire Captains. The ceremony featured limited attendance due to the ongoing COVID-19 pandemic and all who did attend wore facemasks or coverings. Despite their hidden faces, it’s certain all five new Captains were smiling from ear to ear. The department’s Chief Staff is truly proud of their accomplishments and is expecting amazing things from them in their new positions. From left to right in the below photo from the ceremony are Deputy Chief Bill Ballard, Captain Codi Adams, Captain Kris Cooper, Captain Chad Burton, Captain Aaron Dow, Captain Brian Schramm, and Fire Chief Anthony Galagaza. General Information July 31, 2020 Page 4  Be Counted! The 2020 U.S. Census is fully underway and the City encourages residents’ participation. The Census, performed every 10 years, helps leaders at the national, state and local levels best understand where resources and funding are most needed. The City this week has posted several videos from the Census Bureau on our social media platforms (in English and Spanish) encouraging residents to complete the Census online. It takes no more than 10 minutes to complete and can go a long way to helping our communities over the next 10 years! Traffic Advisories  Nighttime closures planned on Highway 99 Full nighttime freeway closures have been scheduled next week for State Route 99 between the State Route 58 Junction and Ming Avenue. The closures are needed to remove falsework from the new Belle Terrace Bridge. The contractor will begin closing lanes at 8 p.m. and full freeway closures are expected to be in place between the hours of 11 p.m. and 5 a.m., each night. Sunday, August 2: Full closure of northbound and southbound State Route 99. The westbound State Route 58-to-southbound State Route 99 connector ramp and the northbound State Route 99-to-eastbound State Route 58 connector ramp will also be closed. Monday, August 3: Full closure of southbound State Route 99. The westbound-to- southbound connector ramp and the inside northbound lane will also be closed. Tuesday, August 4 and Wednesday, August 5: Full closures of northbound State Route 99. The inside southbound lane and the northbound-to-eastbound connector ramp will also be closed each night. Thursday, August 6: Full closure of northbound and southbound State Route 99. The westbound-to-southbound connector ramp and the northbound-to-eastbound connector ramp will also be closed. Detour signage will direct traffic around the work area. Work may be rescheduled without notice due to unforeseen circumstances. Please slow down and watch for construction workers and equipment while driving in the vicinity of this work. The Thomas Roads Improvement Program apologizes for any inconvenience this work may cause the traveling public.  Lane closure on Westside Parkway on-ramp The inside lane on the southbound Mohawk Street to eastbound Westside Parkway on- ramp will be closed during daytime hours Monday, August 3 through Friday, August 7. General Information July 31, 2020 Page 5 The lane closure is expected to be in place between the hours of 8 a.m. to 5 p.m., each day, for electrical work and the installation of erosion control. One lane will remain open on the southbound-to-eastbound ramp while work is underway. Construction schedules may be changed without notice due to unforeseen circumstances. The Thomas Roads Improvement Program apologizes for any inconvenience this work may cause the traveling public. Events  Bakersfield Animal Care Center’s annual Clear the Shelters event kicks off Saturday, August 1. This event is ONLINE ONLY. COVID-19 BUSINESS REOPENING ASSISTANCE Moving Business Outdoors via temporary Closure of Private Parking Lot(s)/Sidewalks and Downtown Public Streets/Sidewalks In light of the COVID-19 Emergency Declaration issued by the City of Bakersfield on March 19, 2020, the City has created a “COVID-19 Special Event Permit,” to help businesses comply with “social distancing” and other operating requirements mandated by the State. The process will provide businesses an opportunity to temporarily close private parking lots and sidewalks throughout the City, and some public streets/sidewalks in the Downtown area where parking lots are limited. The business could then use this space to set up outdoor seating/dining, retail areas, service areas, and/or vending areas each day. The new COVID-19 SEP process will be available through the duration of the City’s local Emergency Declaration; and is designed to help businesses move outdoors quickly, while also ensuring the public’s health and safety. Businesses are responsible for compliance with any and all other federal, State and County orders and regulations. The City is striving to issue COVID-19 SEPs within 5 business days. Any local business interested in pursuing a “COVID-19 SEP” can be complete a simplified application online as laid out in the simple steps below. PERMIT APPLICATION PROCESS 1. Complete the COVID-19 SEP Application. 2. Return the application and processing fee ($86) to the City of Bakersfield Treasury Department via e-mail or by dropping it off at: City of Bakersfield – Treasury Division COVID-19 SEP Application 1600 Truxtun Avenue | Bakersfield, CA 93301 3. Obtain the COVID-19 SEP approval and Site Inspection from the appropriate City Department(s). Upon receipt of your Permit Application, a representative from the City will contact you and will serve as your City Liaison and will be your primary point of contact for the processing of your permit. For more information, contact the City Liaison at (661) 326-3757 or e-mail specialevents@bakersfielcity.us Page 1 City of Bakersfield COVID-19 Special Event Application Application # __________ 1. General Information Business Name: Business Location/Address: Temporary Outdoor Area Dates: Business Website (if applicable): Daily Operating Hours of Temporary Outdoor Area: 2. Applicant / Organizer Name: Street Address: City: State: Zip: Main Phone: Alternate Phone: E-mail: 3. Property Owner (If different than Applicant / Organizer) Name: Street Address: City: State: Zip: Phone: E-mail: 4. Prior Special Events Permits Has the Business had any prior permits issued by the City? If yes, were any prior permits revoked? (If so please describe why below) 5. Type of Temporary Outdoor Area Setup (Check all boxes that apply) Restaurant/Dining/Beverage Personal Services (Salons, etc.) Art Exhibit/Display/Museum Retail Sales Cultural Ceremonies Theatre/Music Performance Gym/ Athletic/Recreational Tent (Larger than 20’ x 20’) OTHER (Describe) NOTE: All businesses must comply with any and all other federal, State and County orders and regulations. Page 2 6. Description of Temporary Outdoor Area Setup (Complete all sections that apply or label N/A) * Number of Parking Spaces (prior to closure) Number of Parking Spaces to be closed Number of mobile tables, chairs, etc. Tent/Awning Dimensions Alcohol served in temporary outdoor space? Method & materials for blocking private parking spaces and/or sidewalks Method & materials for blocking public streets and/or sidewalks Method of maintenance/cleaning closed areas 7. Site Plan Criteria (Applicants required to prepare a site plan that shows the items noted below)* 1. Perimeter of entire existing business and associated parking area(s), include names of all adjacent streets. 2. Label entire Temporary Outdoor Use Area (temporary closed parking lot, sidewalk and/or street) 3. Location & spacing of all temporary structures (tables, chairs, canopies, tents, portable toilets, trash cans, etc). 4. Location of power sources & connections (portable generators, propane tanks, lighting, cooling, heating, etc.) 5. Location of the fences, barricades and barriers to delineate the outdoor use area. 6. Pedestrian access and egress points for the Temporary Outdoor Use Area. 7. Vehicle and pedestrian access and egress points for the venue (i.e., remainder of parking lot and/or building). 8. Show there will be continued circulation within the parking lot outside of the Temporary Outdoor Use Area. 9. The cooking areas to be used for the Temporary Outdoor Use Area. 10. The location of all alcohol points of sale (beer gardens or free flow plan, points of sale, etc.), 11. Please include a separate drawing of indoor restaurant outlay with ADA and restroom access. * 8. All Temporary Outdoor Area Use & Site Plan Design shall comply with the following Health & Safety Criteria: Private Parking Lots & Sidewalks: Public Streets & Sidewalks (Downtown Area Only): 1. Temporary Outdoor Use Area shall be limited to up to 50% of total number of required parking spaces. 2. Area shall be barricaded at the applicant’s cost, using mobile material approved by the Public Works Director and Fire Prevention Director. 3. Area may be used during normal business hours. 4. No blocking of ADA Parking stalls or paths. 5. No blocking of Emergency and/or Service Truck access (hydrants, fire, trash, deliveries, etc.) 6. No blocking ingress/egress points to public streets. 7. No amplified music in area. 1. Temporary Outdoor Use Area shall be limited to a maximum of half streets within Downtown area only. 2. Area subject to City Public Works approval. 3. Area shall be barricaded at applicant’s cost, with mobile material approved by Public Works Director and Fire Prevention Director, and which also meet MUTCD requirements. (mobile fencing without lock, no k-rail) 4. Area may blocked between 10am and 10pm; with all materials removed by 10pm each day. 5. Closure materials shall be located at intersections and not at mid-block locations. 6. No blocking of ADA Parking stalls or paths 7. No blocking of Emergency and/or Service Truck access (hydrants, fire, trash, deliveries, etc.) 8. No blocking ingress/egress points to public streets. 9. No amplified music in area Page 3 9. Statement of Affidavit I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief; that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under City of Bakersfield Municipal Code, and I understand that this application is made subject to the rules and regulations established by the City Council, and/or City Manager or the City Manager’s designee. Applicant agrees to comply with all other requirements of the City, County, State, Federal Government, and any other applicable entity which may pertain to the use of the Event venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Bakersfield. I understand that I must comply with the event application requirements provided by the City of Bakersfield Applicant Signature: 10. Required Documents (Please submit with completed Application) 1. Site Plan (See page 3 for Instructions) 2. Traffic Plan (Public Street Closures Only, See Attachment 1) 3. Indemnification Agreement (See Attachment 2) 4. Special Event Application Agreement (See Attachment 3) 5. Insurance Documents (See Attachment 4 & 5. Items should be available by contacting your insurance provider) a. General Liability Insurance b. Additional Insured Endorsement listing the City of Bakersfield (1600 Truxtun Ave, Bakersfield, CA 93301) c. Worker’s Comp Policy d. Waiver of Subrogation 6. Good Neighbor Policy - (Public Street Closures Only, See Attachment 6) 7. For private parking lots/sidewalks, written authorization from property owner and management company. 8. California Alcohol and Beverage Control authorization (if business is permitted by ABC). 9. Kern County Health Department authorization (if business is permitted by the County). 10. Copy of any other COVID-19 related “Reopening Plan and/or Permit” from the State (if applicable). NON-REFUNDABLE PERMIT FEE. The COVID-19 Special Event Permit fee of $86.00 is established by resolution of the City Council and may not be waived. CANCELLATION POLICY. Should the business owner, for any reason, need to cancel their COVID-19 Special Event Permit for outdoor dining, they must first notify the City Liaison. Written notice of cancellation must be received by our office no later than thirty (30) days prior to the event start date. Cancellations must be in written form; verbal cancellations will not be accepted. MODIFICATIONS/CHANGES TO EVENT. Any COVID-19 Special Event Permit application that has been received or approved by the City should include all information that accurately depicts the outdoor dining plan at the time the application is submitted. Should circumstances arise that modify the event as depicted in the original application, the event organizer should immediately contact the City Liaison and request a modification to the application. A modification request may require additional review by City Departments and could result in additional requirements and costs. Approved permits for COVID-19 Special Events that have been subsequently modified without the review and consent of the City are subject to revocation. REVOCATION OF PERMIT. Any permit issued pursuant to B.M.C. 10.69 shall be immediately revoked by the City Manager or designee whenever he/she finds: That misrepresentations were made on the application; That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law; That the safety of persons or property requires such revocation; and/or, That the special event is interfering with the peace and quiet of the neighborhood. (Ord. 3807 § 1, 1997) Page 4 ___ ___ ___ ___ ___ ___ Attachment 1 TRAFFIC PLAN It may be necessary for the Event Organizer to obtain a Professional Traffic Plan. Please keep in mind that streets must be closed from intersection to intersection; streets cannot be closed mid-block. Please list the streets, from intersection to intersection, which will be closed for your event. Space is provided for up to three (3) entries. If you need more space please attach an additional sheet of paper with the requested information. Your Site Plan/Map must show all streets and closures. 1. Street Name: From (cross street): To (cross street): _ Type of Closure: Street Closure Sidewalk Closure 2. Street Name: From (cross street): To (cross street): _ Type of Closure: Street Closure Sidewalk Closure 3. Street Name: From (cross street): To (cross street): _ Type of Closure: Street Closure Sidewalk Closure Attachment 2 INDEMNIFICATION AGREEMENT Host Organization and/or Event Organizer agree, in consideration of the granting of this Application and Special Event Permit for: Event Name: to be held on, Event Date(s) By of Event Organizer/Primary Applicant Host Organization Host Organization and/or Event Organizer(s) agree to defend, indemnify and hold harmless the City of Bakersfield, and the City of Bakersfield’s employees, officers, managers, agents, council members, and volunteers harmless from any and all losses, damages, claims for damage, liability, lawsuits, judgment expense and cost(s) arising from any injury or death to any person or damage to any property including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, costs and expert fees) arising out of or attributed to the issuance of Applicant’s Special Event Permit regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence or willful misconduct of the City. Host Organization and/or Event Organizer agree to provide satisfactory evidence of, and shall thereafter maintain during the specified special event, such insurance policies and coverage in the type, limits, forms and ratings required by the City’s Risk Manager or City Attorney or their designee. Print Name Title Signature Date ___ ___ ___ ___ Attachment 3 APPLICANT AGREEMENT Please read each statement. Initialing next to each statement indicates your understanding and agreement to the statement. I agree that any false statement or material misrepresentation made in support of this application and permit is cause for denial of issuance of a Special Event Permit. Applicant also agrees that failure to adhere to the policies and procedures established by the City of Bakersfield Municipal Code 10.69, known as the “Special Events”, or any conditions or restrictions imposed upon the permit by the Bakersfield Police Department is cause for revocation of the Special Event Permit. Applicant further agrees that the Special Event Permit may be revoked at any time by the City Manager or his designee. I agree, upon request, to provide a Liability Insurance Certificate providing evidence of general liability insurance coverage in the minimum amount of $1,000,000 combined single limit AND an additional insured endorsement naming the City of Bakersfield, its officers, employees and agents’ as additional insured. This document must be submitted no later than ten (10) days prior to the event start date. I agree to notify all residents and businesses that will be affected by street/sidewalk closures and/or amplified sound. The applicant shall notify all business owners located adjacent to any right-of-way which will be closed for the event. Proof of written notice shall be submitted to the city manager or his designee. (B.M.C. 10.69.030 C.) If the event will affect access to more than one business, the applicant must notify the Greater Bakersfield Chambers of Commerce. Notification also includes the posting of Temporary “No Parking” Signs on streets involved in closures for the event. I agree to supply warning signs and/or barricades and to situate them in such a position that the road closure may be maintained in a safe and orderly manner. By signing below, I indicate as the Event Organizer or Host Organization an understanding and agreement to the above statements. Print Name Title Signature Date Attachment 4 CITY OF BAKERSFIELD INSURANCE REQUIREMENTS To the Special Event Applicant: For the duration of your permit, you must maintain the following insurance from a company admitted to write insurance in the State of California and rated A-:VII by A.M. Best Company (or equivalent). The insurance must be primary and non-contributory, contain at least a 30 day written notice of policy cancellation or if there are any material changes in the policy language or terms. Some events may require higher limits of coverage based on the discretion of the Risk Manager. 1. Commercial general liability in an amount not less than One Million Dollars ($1,000,000) per occurrence. If food is sold, products liability coverage in an amount not less than One Million Dollars ($1,000,000) must be included. If alcoholic beverages are sold or served, liquor liability coverage in an amount not less than One Million Dollars ($1,000,000) must be included. If participants, film extras, and/or spectators are involved, the certificate of insurance must specify that the commercial general liability covers participants, film extras, and/or spectators as applicable. An additional insured endorsement is required and must include coverage for the City, its mayor, council, officers, employees, volunteers, and agents under your commercial general liability policy. 2. Workers’ compensation as required by the California Labor Code, if the permit holder uses its own employees in conducting the planned event or activity. Waiver of subrogation endorsement in required in favor of the City. If you are not required under the State of California Labor Code to maintain workers’ compensation insurance, you must complete the Workers’ Compensation Exemption Declaration following this section. 3. Automobile Liability in an amount not less than One Million Dollars ($1,000,000) combined single limit covering owned, non-owned and hired autos, if automobiles are used in the move-in, setup, break- down, or operation of the event/activity. If you are using only non-owned or hired autos, a non-owned auto endorsement to your general liability policy is acceptable. You must provide the insurance to this office at least ten (10) working days prior to your event/activity: • Certificate of Insurance issued by your insurance broker-agent evidencing the insurance coverage applicable to your event/activity, the insurance must be primary and non-contributory with the cancellation provision on the certificate amended to read as follows: “Should any of the above described policies be cancelled before the expiration dates or if there are any material changes in the policy language or terms, the issuing company will mail thirty (30) days prior written notice to the certificate holder. In the case of cancellation for non-payment of premium, the issuing company will mail ten (10) days prior written notice to the certificate holder.” • Any written statements by you and/or your insurance broker-agent explaining the reasons why any of the above coverage is limited or why any of the applicable requirements have not been satisfied. All certificates and endorsements must be submitted to: City of Bakersfield – Treasury Division 1600 Truxtun Avenue Bakersfield, CA 93301 For your convenience, we have a facsimile machine within this department. The facsimile access telephone number is (661) 852-2041.If you or your insurance broker-agent have any questions regarding these insurance requirements, please do not hesitate to contact Risk Management at (661) 326-3738. Risk Management – 09/19 Attachment 5 Workers’ Compensation Coverage Exemption Declaration The undersigned (hereinafter referred to as “I” or “Me”) hereby declares that the following is true and correct: I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services. I am familiar with the terms of said agreement which require Me to maintain workers’ compensation coverage as required by California Law. I am familiar with the workers’ compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers’ compensation insurance, and I am exempted under the law from the requirement to maintain workers’ compensation insurance coverage. In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers’ compensation laws of California, or (ii) should I become subject to the worker’s compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield. Date: Name: Name: (Print or type) (Signature) Company Name (if any): Title: Telephone: Warning: In California, failure to secure workers’ compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 of the Labor Code, including, but not necessarily limited to, interest and attorney’s fees. Attachment 6 City of Bakersfield Good Neighbor Policy - Notice of Temporary Street / Sidewalk Closure The Applicant listed below has requested a temporary street/sidewalk closure. The City of Bakersfield requires the applicant to notify all residents and businesses that will be affected by the street/sidewalk closures. This document shall serve as the proof of notice of the proposed street/sidewalk closure. A temporary street/sidewalk closure has been requested for the following date(s)/time(s) for the streets listed. Closure Start Date: (Day of Week) (Date) Closure Start Time: ______________ AM/PM Closure End Date: (Day of Week) (Date) Closure End Time: ______________ AM/PM Street Name(s): The purpose of the proposed street/sidewalk closure is (Event Description): Applicant / Host Organization Name: Contact Name: Mailing Address: Acknowledgement: By signing below, the undersigned acknowledges receipt of the above Notice of Temporary Street/Sidewalk Closure. Print Name Business Name Address Signature Title Phone Number CITY OF BAKERSFIELD SPECIAL EVENT PERMIT APPLICATION - GOOD NEIGHBOR NOTIFICATION