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Home My WebLink AboutRESO 9954 0226_20210422_ts24 1 Resolution No. 9954 Resolution of the Council of the City of Palo Alto Amending and Restating Resolution No. 9933 to Extend the Temporary Closures of Portions of California Avenue and University Avenue and Certain Downtown Streets Intersecting University Avenue Pursuant to California Vehicle Code Section 21101 and to Extend the Effective Date of Resolution No. 9909 to Extend the Pilot Parklet Program, All Pursuant to the Local Emergency Declaration, to Facilitate Outdoor Dining, Retail, and Other Uses R E C I T A L S A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the temporary closure of portions of California Avenue, University Avenue and certain other Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those streets, consistent with the Santa Clara County Public Health Order in effect. The street closures were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a time when indoor dining remained prohibited in the County and the growing scientific evidence showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the City anticipated that indoor dining would be allowed to resume in the County, as had been allowed in neighboring counties, and sought to address the immediate needs of the community including residents, workers and businesses that had been severely impacted by loss of business activity and revenue. B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet program to allow parklets to be installed in on-street parking spaces on an expedited and temporary basis to provide more space for outdoor dining. C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place Order, to become effective on July 13, 2020, that allowed certain additional activities to resume if specified strict across-the-board risk reduction measures were followed. The objective was to allow activities that were already allowed in surrounding jurisdictions, which had reopened more quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed. D. On July 7, 2020, the State approved Santa Clara County’s requested variance that allowed the revised Shelter in Place Order to go into effect on July 13, 2020. E. However, with the number of COVID-19 cases dramatically increasing again in the State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the State had allowed. The State mandated that all counties close certain indoor operations, including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days (and thus placed on the State “watchlist”), the State required the closure of additional industries or activities unless they could be modified to operate outside or by pick-up; these included gyms DocuSign Envelope ID: 33DBFC21-BF8A-4A37-804F-4A5F73CC5532 0226_20210422_ts24 2 and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls. F. Through the summer, the United States including “hot spots” like California continued to hit new highs in confirmed cases and deaths, as the loosening of shelter-in-place restrictions had precipitated a resurgence of the virus in many states, including California. As of July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals and their intensive care units were filling up. Thirty-seven counties representing 93% of the State’s population were on the State’s watchlist, and California had 460,550 confirmed cases of COVID-19, resulting in 8,445 deaths. G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended Resolution 9909, to extend until December 31, 2020 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders. Resolution No. 9911 also extended the temporary parklet program to September 7, 2021. H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order on October 5, 2020, which coincided with the County moving into the orange tier under the State’s “Blueprint for a Safer Economy” tiered restriction system. I. However, on November 16, 2020, the State moved Santa Clara County two steps from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported 1,029,235 confirmed cases of COVID-19, resulting in 18,263 deaths, and 94.1% of the State’s population was now in the purple tier (according to the Governor’s Office). The State’s rules for the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and retail stores may only have 25% capacity indoors. J. On December 14, 2020, the Council adopted Resolution 9933, which amended Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders. K. On March 3, 2021, the State moved Santa Clara County one step down from the purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a cumulative total of 112,909 COVID cases and 1,867 deaths. L. In the midst of this continued COVID-19 pandemic, the City of Palo Alto has continued to take measured steps to allow businesses to resume activities in outdoor settings. As a key part of those efforts, the Uplift Local Program (formerly known as the Summer Streets DocuSign Envelope ID: 33DBFC21-BF8A-4A37-804F-4A5F73CC5532 0226_20210422_ts24 3 Program) has created an attractive pedestrian environment on the closed streets resulting in increased foot traffic. A number of restaurants have taken advantage of the program and created outdoor seating in the streets, on sidewalks, and on parklets. Residents and visitors who have come to University Avenue and California Avenue have expressed delight and reported having a highly enjoyable experience. M. The current pace of re-opening across the State and the high likelihood that the pandemic will continue into 2021 increase the chances that outdoor dining is a key tool to reduce the risk from the spread of COVID-19 while allowing restaurants to continue some operations. Even if indoor dining is allowed, patrons may be unwilling to participate, or the opportunity may be rescinded if the County exceeds the COVID indicator thresholds issued by the State. N. The Council desires to extend the street closures through October 31, 2021 to allow for the continued use of the main thoroughfares in the heart of its commercial districts for outdoor dining, and potentially other activities as may be allowed by the State and County Public Health Orders. O. The Council also desires to extend the temporary Pilot Parklet Program to December 31, 2021 as first authorized in Resolution 9099 and extended by subsequent resolutions. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council. SECTION 2. Extension of Temporary Street Closures. The Temporary Street Closures approved and authorized in Section 2 (Temporary Street Closures) of Resolution No. 9909 and extended by Resolutions 9911 and 9933 are hereby extended through October 31, 2021. Section 2 of Resolution No. 9909 is amended to read as follows: Temporary Street Closures A. The following streets are hereby closed to any and all vehicular traffic through October 31, 2021, in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining, retail, and other permitted uses: 1. California Avenue from Birch Street to El Camino Real; and 2. University Avenue from High Street to Cowper Street, with continued vehicular access across University Avenue at each of the intersecting streets. DocuSign Envelope ID: 33DBFC21-BF8A-4A37-804F-4A5F73CC5532 0226_20210422_ts24 4 B. The City Manager is authorized to determine the days, hours and duration of the temporary street closure(s) within the period specified in Section A, with reasonable notice provided, and whether exceptions to the closure shall be made for municipal purposes. SECTION 3. Sunset of Resolution No. 9909. Resolution No. 9909 shall remain in effect until December 31, 2021 unless rescinded or extended by resolution or ordinance of the City Council. SECTION 4. Supersedes Resolutions 9911 and 9933. This Resolution shall supersede Resolutions No. 9911 and 9933. Should any conflict arise between this Resolution and Resolutions No. 9911 and 9933, this Resolution shall control. SECTION 5. The Council finds that this Resolution is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 20180(b)(4) (specific actions necessary to mitigate or prevent an emergency) and is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). // // // // // // // // // // // // DocuSign Envelope ID: 33DBFC21-BF8A-4A37-804F-4A5F73CC5532 0226_20210422_ts24 5 SECTION 6. This Resolution shall become effective immediately upon adoption. INTRODUCED AND PASSED: May 10, 2021 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE NOES: TANAKA ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Deputy City Attorney City Manager _____________________________ Director of Public Works _____________________________ Chief Transportation Official _____________________________ Director of Planning and Development Services DocuSign Envelope ID: 33DBFC21-BF8A-4A37-804F-4A5F73CC5532 Certificate Of Completion Envelope Id: 33DBFC21BF8A4A37804F4A5F73CC5532 Status: Completed Subject: Please DocuSign: RESO 9954 Resolution to Extend the Temporary Closures of Portions of Californi... Source Envelope: Document Pages: 5 Signatures: 7 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 5/13/2021 12:08:41 AM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Tim Shimizu Tim.Shimizu@CityofPaloAlto.org Deputy City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 67.169.5.157 Sent: 5/13/2021 12:13:26 AM Viewed: 5/13/2021 9:00:46 AM Signed: 5/13/2021 9:01:32 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 5/13/2021 9:01:33 AM Viewed: 5/13/2021 9:06:08 AM Signed: 5/13/2021 9:07:59 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Philip Kamhi Philip.Kamhi@CityofPaloAlto.org Chief Transportation Official City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.210.158.37 Sent: 5/13/2021 9:08:00 AM Resent: 5/18/2021 7:49:56 AM Viewed: 5/18/2021 1:17:10 PM Signed: 5/18/2021 1:17:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brad Eggleston Brad.Eggleston@CityofPaloAlto.org Director of Public Works City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 5/18/2021 1:17:21 PM Viewed: 5/18/2021 5:26:42 PM Signed: 5/18/2021 5:29:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 5/18/2021 5:29:09 PM Viewed: 5/18/2021 7:15:26 PM Signed: 5/18/2021 7:15:35 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tom DuBois tomforcouncil@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 24.5.55.204 Sent: 5/18/2021 7:15:38 PM Viewed: 5/19/2021 9:11:53 AM Signed: 5/19/2021 9:12:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Minor beth.minor@cityofpaloalto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 5/19/2021 9:12:16 AM Viewed: 5/19/2021 9:48:19 AM Signed: 5/19/2021 9:48:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/13/2021 12:13:26 AM Certified Delivered Security Checked 5/19/2021 9:48:19 AM Signing Complete Security Checked 5/19/2021 9:48:53 AM Completed Security Checked 5/19/2021 9:48:53 AM Payment Events Status Timestamps