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HomeMy WebLinkAboutStaff Report 13644 City of Palo Alto (ID # 13644) City Council Staff Report Report Type: Action Items Meeting Date: 2/7/2022 City of Palo Alto Page 1 Summary Title: California Avenue Temporary and Permanent Street Closure Discussion Title: California Avenue and Ramona Street Temporary and Permanent Closure: Direct Staff to Issue RFP for a Feasibility Study and Return for Contract Approval, and Provide Direction to Staff on Activities and Programming From: City Manager Lead Department: Planning and Development Services Recommendation: Staff recommends that the City Council: I. Direct staff to issue a Request for Information (RFI) and/or Request For Proposals (RFP) to obtain a consultant to conduct a feasibility study to define the scope and understand the impact of the proposed permanent closure(s) on portions of California Avenue from El Camino Real to Park Blvd. and the section of Ramona Street between Hamilton Avenue and University Avenue. II. Direct staff to return to Council for approval of the contract for the feasibility study and to provide a schedule. III. Discuss and provide direction regarding activities in the temporarily closed portion of California Avenue (from El Camino Real to Park Blvd.). Executive Summary: This report provides information on next steps that would be necessary to evaluate and determine the feasibility of moving forward with permanent closure(s) of portions of California Avenue and Ramona Street and seeks the City Council’s direction on next steps. Background: On September 13, 2021, City Council authorized staff to extend the closure of California Avenue and Ramona Street through June 2022 (CMR 13540). At the same Council meeting, the Council directed staff to return for discussion on the permanent street closures. On June 22, 2021, City of Palo Alto Page 2 Council also directed staff to return to the City Council for further discussion regarding additional elements on the California Ave street closure, referring to the area closed through June 2022 for outdoor retail and dining (CMR 12354). Specifically, Council directed “Staff to include in its workplan for streetscape design on California Avenue, have Staff return with a process recommendation to pursue a pro-bono design expertise such as AIA, ARB or others, and to include an evaluation of potential sites for permanent performance stages in other potential areas such as downtown.” Discussion: City Council directed staff to return for a discussion on permanent street closures. This report outlines the next steps that would be necessary to proceed forward. While the City’s authority to close streets to vehicular traffic is regulated by the State, the decision to pursue closure of a street under the prescribed state processes rests with the Palo Alto City Council. The policy decision incorporates balancing numerous factors to determine the avenue most appropriate for the City. To aid Council in its discussion, staff have outlined several policy considerations. Community and Economic Recovery The closure of certain public streets to vehicular traffic was a step taken by the City Council near the beginning of the pandemic to provide outdoor areas for retail, dining, and other activities (gyms, etc.). These efforts help maintain access to local goods, services, and dining. The closures of certain streets also aided some businesses in remaining open, especially restaurants, because patrons could dine outdoors. While the pandemic is not “over”, experts have suggested due to highly effective vaccines, the pandemic is shifting into a new phase. In this phase, Americans are working to re-establish normalcy; and normalcy itself has adjusted. The experiment with closed streets proved to be very popular with Palo Alto residents, with thousands corresponding to Council requesting the street closures continue. Continuation of the closures temporarily and contemplation of permanent closures may represent a “new normal” in Palo Alto. Not only loved by many in the community, the potential new normal provides economic benefits to local businesses, especially restaurants. Not only because it creates an enhanced opportunity for al fresco dining, but also because the closed portions of streets contribute to a strong sense of place that attracts diners and shoppers alike, helping generate businesses activity (that in turn generates tax revenue). Maintaining Access Council is aware, however, that all businesses do not benefit equally from street closures. As the City explores this topic, Council may consider various combinations of closing portions of California Avenue and Ramona Street. The closures may be 24 hours a day, 7 days a week (ongoing and continuous), the closures might occur regularly during certain hours (weekends), City of Palo Alto Page 3 or the ultimate decision could result in maintaining some vehicular access but significantly decreasing the right of way available for motorized vehicles. In each of these options, the City should aim to improve the conditions for all stakeholders— from restaurants to retailers, grocery stores to financial institutions. Ensuring that customers of all abilities and transportation modes can continue to access goods and services throughout the areas is important and can be accomplished through careful and thoughtful planning. Use of Public Space One of the overarching policy decisions for the Council is how the City should use its public space. There are at least two dimensions of this decision. First, who will be occupying the street? Some cities are closing streets for pedestrian activities, others to promote economic activity. Second, the City will want to determine if and how to allow the use of this public space by private businesses. During the pandemic, the City has allowed the use of public space by private establishments through no cost encroachment permits. If the streets are closed on a more permanent basis, the City will need to determine if space can continue to be used by private establishments and the terms of that use. These specific decisions do not need to be resolved immediately, as the first overall choice is whether or not to investigate permanent closures. Yet, being clear that a potential use of public right of way by private establishments that provide goods or services is a likely use of spaces, allows staff to work with consultants and other experts as well as stakeholders in future discussions. Future choices related to this include establishing the cost of using public space; establishing a permitting process for use of public space; and determining procedures to ensure that even if some portions of road include private uses, that the public has ample access to enjoy the street. The City’s authority to close streets to vehicular traffic is regulated by the State. The State has preempted the entire field of traffic control (Vehicle Code Section 21). As a result, the right of local authorities to make changes affecting traffic flow, such as closing a street, must be derived from an express delegation of authority from the State. Staff explored various statutes that allow for such authority to the local agencies. The following statutes describe the authority that allows local agencies to close streets on a temporary or permanent basis: • Temporary Street Closures (including regular/frequent closures on long-term basis) The State of California’s Vehicle Code (CVC) 21101 (e): CVC Section 21101(e) allows for local authorities to temporarily close a portion of any street for celebrations, parades, local special events, and other purposes by adoption of a resolution when the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. The current closure of street is temporary as a City of Palo Alto Page 4 result of the State of Emergency due to the COVID-19 pandemic and the need to support the economic recovery of the businesses on California Street, Ramona Avenue, and University Avenue. With regards to the permanent closure of streets, staff will consider various available statutes within the State Codes that delegate to the City the authority to permanently close streets. The first step in this process will be conducting a feasibility study, which will help staff determine which statute might be the most feasible. For reference, the different state statutes describing the process for road closures are listed as follows: • Permanent Street Closures i. The State of California’s Streets and Highways Code 11100 et seq. Provides local agencies with the authority to establish pedestrian malls and to prohibit, in whole or in part, traffic on a pedestrian mall. The legislature found that in certain areas in cities and particularly in retail shopping areas, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The legislature further found that such objective can, in part, be accomplished by the establishment of pedestrian malls pursuant to this part. ii. The State of California’s Vehicle Code (CVC) 21101(a): CVC 21101 (a) allows for the permanent closure of a street if the City Council adopts an ordinance or resolution that finds the street is no longer needed for vehicular traffic. iii. The State of California’s Vehicle Code (CVC) 21101 (f): CVC 21101 (f) allows for the permanent closure of the streets and prohibiting entry to, or exit from, or both, from any street by means of islands, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan adopted pursuant to Article 6 (commencing with Section 65350) of Chapter 3 of Division 1 of Title 7 of the Government Code. The rules and regulations authorized by this subdivision shall be consistent with the responsibility of local government to provide for the health and safety of its citizens. iv. The State of California’s AB 773: Recently, on October 6, 2021, the California Legislature passed the Assembly Bill 773 to create a new CVC Section 21101 (f) to authorize a local authority to adopt a rule or regulation by ordinance for implementing a slow streets program. This legislation became effective in January 2022. For purposes of this section, a “slow streets program” may include closures to City of Palo Alto Page 5 vehicular traffic or through vehicular traffic of neighborhood local streets with connections to citywide bicycle networks; destinations, such as a business district, that are within walking distance; or green space. A local authority therefore may implement a slow streets program by adopting an ordinance that provides for the closing of streets to vehicular traffic or limiting access and speed on a street using roadway design features, including, but not limited to, islands, curbs, or traffic barriers. Street Closure Next Steps: Feasibility Study: In order to initiate permanent street closure, staff recommends conducting a feasibility study to define the scope and to understand the impact of the proposed closure. This exercise shall also include developing conceptual plans with possible alternatives. The feasibility study shall review the existing conditions, traffic circulation, and its impacts to access for properties in the proposed segments. The traffic analysis shall include but is not limited to analysis of traffic circulation, access to properties, emergency access, parking, loading-unloading, delivery, access for maintenance of utilities, impacts to signal operations, etc. Parking impacts in the area and surrounding areas will need to be studied. In addition, the feasibility study can also include economic analysis to determine the potential impacts on business based on similar implementations in other cities. Outreach to stakeholders and the public should also be considered as part of this feasibility study. The feasibility study may include a component to review the impacts of long-term temporary closures such as seasonal closures or regular weekend closures, in the event such options are considered for implementation. Environmental Documentation Review & Preparation: After reviewing the feasibility study and selection of preferred closure option by City Council, the next step will be consideration and preparation of the required environmental approval necessary under California Environmental Quality Act (CEQA). Resolution of Intent & Public Hearing: The next step in the process is the adoption of resolution of intent which sets a public hearing date for the consideration of the street closure. The public hearing date must be set for at least 90 days after the adoption of the resolution of intent. Adoption of the Ordinance: The last step is the introduction of an ordinance to establish the pedestrian mall and any related regulations governing the use of the roadway. Any objections from the abutting property owners must be resolved, and the majority of property owners must not object to moving forward on street closure. City of Palo Alto Page 6 Placemaking, such as determining possible locations for permanent performance stages, would occur after a feasibility study during conceptual plan development of the street closure. Considerations such as responsibility for programming, design, and operating costs will also need to be addressed. Actions on Similar Permanent Street Closures in Other Nearby Cities As the Council considers whether or not to pursue longer-term closures, the actions of nearby cities may provide insight. Staff reviewed actions of several neighboring cities and provide a summary below. • City of Mountain View: On October 12, 2021, the City Council of Mountain View conducted a study session to review the Castro Street Pedestrian Mall Feasibility Study. The City was considering closure of Castro Street prior to the pandemic and was authorized to conduct a feasibility study on December 10, 2019 (link to City of Mountain View staff report). • City of San Mateo: On September 20, 2021, City Council adopted a resolution to establish pedestrian malls on B Street between 1st and 2nd Avenues and on B Street between 2nd and 3rd Avenues and introduced an Ordinance to amend the San Mateo Municipal Code to establish rules and regulations governing pedestrian malls (link to City of San Mateo staff report). The public hearing for resolution of intent to establish a pedestrian mall was conducted on June 21, 2021. • The City and County of San Francisco has considered making some residential low- volume streets as “Slow Streets” in post-pandemic times. The information about San Francisco’s Slow Street program can be found at San Francisco Municipal Transportation Agency (SFMTA) Post Pandemic Slow Street Program. Temporary California Avenue Street Closures Currently, California Avenue from El Camino Real to Birch Street remains closed to vehicular traffic. The Public Works Department continues to work with permit holders to ensure their temporary facilities (tables, chairs, canopies, etc.) comply with standards established by the City. Staff recommend continuing to allow the permit holders to continue as-is as the exploration of permanent closure continues. This allows staff energies to focus on that effort. Stakeholders have provided testimony to City Council regarding a desire for more aesthetic cohesion among the establishments. Creating more cohesion would require aesthetic standards, new applications, review of compliance with the standards, and possibly installation of new temporary facilities by private establishments. Staff recommends focusing California City of Palo Alto Page 7 Avenue energies on the design of the permanent parklet program as well as other public and privately-owned street features. Working with the ARB, local businesses, and community members, the City can create a unique permanent parklet program that enhances the streetscape and pedestrian environment along California Avenue. This discussion could also include consideration of minor streetscape improvements that take into account the significant investment already made in the recent California Avenue Streetscape project. The permanent closure, if ultimately pursued, could and likely should include development of aesthetic guidelines leading to an even stronger sense of place on California Avenue. The timing of the development of these guidelines may be best placed as part of the permanent closure discussion, instead of the temporary program. In the interim, the City may continue to collaborate with the local business community by providing street cleaning services, tree and shrub maintenance, public safety services, and by facilitating events and attractions. In the past, public art has been used to attract visitors, the city is currently collaborating with local merchants to place seasonal winter decorations on Cal Ave. Efforts to facilitate public performances of music can also be undertaken in collaboration. In sum, staff recommend focusing in the short term on flexible opportunities for collaboration that do not entail major capital outlay for the City or for permit holders. Likewise, focusing energies of the Office of Transportation on the exploration of the permanent closure and the energy of Planning and Development Services—and other departments—along with ARB on the permanent parklet standards, can ensure that public resources are sequentially allocated. Perhaps more simply put: establishing long term standards for what remains a temporary closure may be ill-timed. Policy Implications: Overall, the street closure topic reflects a decision about how best to use public space, in this case, the public roadways. Key considerations include determining if the space will include facilities for pedestrians and bicycles and if private businesses will be charged to utilize the public space. Resource Impact: The permanent street closure of California Avenue and Ramona Street is not currently included in the Office of Transportation Work Plan or FY 2022 budget. Should Council wish to pursue studying the feasibility of any street closure options, reprioritization of current work and staff augmentation through contract consultant and additional budgetary amount authority will be necessary. Staff estimates the additional amount to range from $300K -$500K for conducting this feasibility study. Staff will return to Council for review and approval of any such contract before awarding. City of Palo Alto Page 8 Regarding the ongoing street closures that are set to continue through June 2022, the City is challenged to consider how to best allocate existing staff resources to achieve City Council priorities. Community and economic recovery remains a key Council priority in 2021. To further this priority, staff recommend focusing resources on the long term parklet standards. These standards, if adopted, could enhance and enliven California Avenue in 2022 and beyond. If Council seeks additional efforts for the current closure area, staff request guidance. Staff may return with a resource request depending on the direction expressed by City Council. If funds are allocated, time and availability of human resources—both staff and consultant—may delay the commencement of assigned work. Timeline: Staff will initiate an RFI/RFP process following Council approval and return for review and approval of the contract. Stakeholder Engagement: The opinions of stakeholders have not shifted significantly since the Council’s last discussion of this matter. Generally speaking, owners of restaurants located within the closed streets along Ramona Street and on California Avenue prefer the closures. Due to the rise in delta variant, they report that fewer diners want to eat indoors. Likewise, retail and retail-like uses generally prefer the streets be opened to vehicular traffic. These businesses feel restaurants have had a chance to use the streets and that now, more balance is needed. These businesses also point out that through parklets, these restaurants can continue outdoor meal service. Retailers continue to report diminished sales and indicate the street closure contributes to these decreased sale volumes. While there are fewer retailers in the Cal Ave closure, retailers within and around the closure report challenges they attribute to the closure. Palo Alto residents continue to support continuation of the street closures. With the onset of the COVID-19 pandemic in early 2020, the City Council authorized the creation of a Temporary Outdoor Dining program, including the approval of the temporary closure of portions of California Avenue, University Avenue, and Ramona Street. Uplift Local, a Council-supported effort enabling outdoor dining, retail, personal services, and outdoor gyms and fitness options in business districts such as California Avenue and the downtown core and other business areas throughout Palo Alto was created. A dedicated Uplift Local website provided information to the community. This program continues to evolve based on business and community input. Staff has been meeting with the community regularly to seek feedback from the business owners and residents to address concerns associated with outdoor dining program and street closures. While there are fewer retailers in the Cal Ave closure, retailers within and around the closure report challenges they attribute to the closure. Palo Alto residents continue to support continuation of the street closures. City of Palo Alto Page 9 However, during the study of the feasibility of permanent closure, additional stakeholder outreach will be necessary. Environmental Review: The proposed action is part of a planning study for a possible future action, which has not been approved, adopted, or funded and is therefore exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15262. The future decision to approve the construction would be subject to CEQA and require the preparation of an environmental analysis. Environmental review and project design will be performed in the subsequent steps of the project development.