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HomeMy WebLinkAboutStaff Report 14239 City of Palo Alto (ID # 14239) City Council Staff Report Meeting Date: 5/16/2022 Report Type: Action Items City of Palo Alto Page 1 Title: Adopt Resolutions Authorizing the City Manager to Continue to Close California Avenue from El Camino Real to Park Boulevard, and Ramona Street between Hamilton Avenue and University Avenue Until December 31, 2023 and Direct Staff to Implement Specific Access Lanes and Perimeter Rules From: City Manager Lead Department: Transportation Department Recommendation Staff recommends that the Palo Alto City Council (Council): 1) Adopt the attached resolutions (Attachments A and B) extending the City Manager’s authority to temporarily close portions of California Avenue and Ramona Street until December 31, 2023, and 2) Authorize Staff to implement the following specific access and perimeter rules: a) Implement a dedicated emergency access lane. b) Require the installation of edge treatments around dining spaces that are no shorter than 36 inches and no taller than 42 inches when measure from the ground. c) Allow large tents only during inclement weather months (November – March). d) Implement a dedicated two-way bicycle lane. e) Within the California Avenue closure, City staff may install appropriate enhancements or aesthetic elements that will also provide a visible distinction from the emergency access lane and dining areas. f) Within the California Avenue closure, all changes to the interim closed program shall be coordinated with the Urban Village Farmers’ Market to accommodate minimum market footprint requirements. Executive Summary This City Manager’s Report has been agendized as an action item for discussion to address previous City Council direction to extend the street closure and ensure that the direction and work to do so complies with Brown Act noticing requirements. While this report is being brought forward with the intention to appropriately address prior Council direction, staff has taken this opportunity to update the City Council on staff work regarding the street closures and seek additional incremental direction on specific access and perimeter rules. The incremental direction sought focuses on safety and circulation. Staff continues extensive stakeholder engagement regarding the closures of California Avenue and Ramona Street. Outreach efforts to date and plans for sustaining stakeholder engagement through this City of Palo Alto Page 2 interim period, while an analysis of longer-term alternative options is being conducted, is included later in this report. The timelines associated with the recommended potential actions, resource impacts of those actions, and next steps for each are also included in this report. Background On September 13, 2021, City Council authorized staff to extend the closure of portions of California Avenue and Ramona Street through June 2022 through discussion of City Manager’s Report (CMR 13540). Additionally, on February 28, 2022, the City Council directed staff to return with an item agendized for action to extend the street closures through December 31, 2023 as discussed in CMR 14066. As approved by Council, the street closures are the portions of California Avenue from El Camino Real to Park Boulevard, and the section of Ramona Street between Hamilton Avenue and University Avenue. While the City Council directed staff to return with an item on the action agenda, Council also expressed a need to make modifications and install low-cost, short-term interventions that would improve the experience of California Avenue and Ramona Street during this interim period until a permanent program is approved. The extension to the temporary street closures and evaluation of long-term alternative solutions is happening in parallel with the transition from the pilot parklet program to a permanent parklet program. The City Council is scheduled to provide feedback on proposed permanent parklet standards and program policies on Monday, May 9, 2022 through discussion of CMR 14311. CMR 14311 recommends extending the pilot parklet program through December 31, 2022 while the permanent parklet program is developed. The pilot parklet program includes guidelines for at-grade or on-street dining options. The initial guidelines were developed with a focus on reducing risk and maximizing safety. Due to the emergency nature of their development, approval, and implementation, aesthetic considerations (aka urban design elements) were not included in the initial guidelines. The City has engaged the services of a Bay Area consultant, Bruce Fukuji from Fukuji Architecture & Planning, to assist the City during this interim period. Mr. Fukuji is an architect and urban designer with decades of experience working in Palo Alto, most notably 8 years on the Palo Alto urban design committee that prepared the Downtown Urban Design Plan, and representing the City in negotiations with Stanford University during their Health Center expansion. Mr. Fukuji met with City staff and reviewed the proposed recommended interim changes outlined in this report and provided input and suggestions on how to move forward. Overall, Mr. Fukuji supported the recommended changes and encourages the city to think holistically about the future of California Avenue as Palo Alto’s second downtown. He also suggested identifying potential pilot projects to explore opportunities to shape active public places along California Avenue. In addition to supporting the City with further shaping and implementing the recommended interim changes, Mr. Fukuji will also assist the City with engaging the broader community and businesses along California Avenue and Ramona Street on the future of the street closures. The outreach will inform additional interim changes, if necessary or required, and inform the scope of services in the evaluation of alternatives consultant solicitation. This scope of work for the alternatives analysis consultant services will comprehensively consider and evaluate options, opportunities, and challenges of permanently closing portions of California Avenue and Ramona Street. Discussion City of Palo Alto Page 3 In alignment with the prior Council direction, the first recommended action in this report provides the City Manager with the authority to extend the street closures on California Avenue and Ramona Street through December 31, 2023. These resolutions would allow for the continued closure of these streets while an analysis of long-term alternatives options is conducted. Secondly, during this extended period of closure, if approved, staff have brought forward incremental steps for Council consideration to continue to evolve from the existing regulations and transition to a steady state of “interim” regulations while longer-term alternatives are evaluated. The recommended revisions to specific access and perimeter rules focus on encouraging active use of the streets while maintaining safety of the public and take into consideration recommended characteristics outlined in the proposed permanent parklet program that the Council is reviewing on May 9th. Following the Discussion section of this report, significant updates regarding engagement and analysis of economic impacts of these actions are detailed in the Stakeholder Engagement and Resource Impact sections. This information is presented to both keep the Council informed of progress and activities and to assist in informing the Council as it considers its direction to staff. In essence, the City has three options for how to proceed with the street closures for Ramona Street and California Avenue. The three options are outlined below and then discussed in greater detail. A. Interim Changes: leave the streets closed to vehicular traffic and implement certain changes to the configuration, B. Status Quo: leave the streets closed to vehicular traffic with the current configurations, or C. Reopen the streets to vehicular traffic (if Council desires to reopen the streets, it should not adopt the attached resolutions and instead direct staff to reopen the streets on a given schedule). Should the City Council wish to (1) approve the resolutions allowing closure of streets to vehicular traffic through December 31, 2023 AND (2) move forward with option B (Interim Changes to the configuration) staff has outlined recommended changes for Council consideration and direction to staff that would immediately improve the City’s ability to protect life and property in the case of emergency. These changes would also seek to ensure that bicyclists have a dedicated thoroughfare to mitigate interactions between cyclists, patrons enjoying outdoor dining, and pedestrians while working to address aesthetic elements (aka urban design elements) not included in the initial guidelines. After this action and discussion tonight, staff anticipates continued work on the transition from temporary/pilot programs to permanent/long-term alternatives for both street closures and parklet programs. Staff expects to continue to work on three tracks of work in parallel: 1) Transition to a permanent Parklet Program (as agendized for May 9, 2022) 2) Evaluation of Long-Term Alternatives regarding potential permanent street closures 3) Iterative interim changes transitioning street closures from the initial emergency regulations to ones more thoughtful including safety, and placemaking Evaluation of Long-Term Alternatives Specific to the long-term alternatives regarding the evaluation of street closures, through issuance of a Request for Information (RFI) and/or a Request for Proposals (RFP), staff plans to onboard a consultant to help conduct an analysis of alternatives. Through this study, staff expect the identification of impacts that inform the future of the proposed permanent street closure(s). This work is expected to be completed during FY 2023 and staff will come back to the City Council as the work proceeds. City of Palo Alto Page 4 Interim Changes for Council Consideration and Direction As the City proceeds from the initial temporary programs and works to transition to permanent or long term strategies for street closures, at the direction of the Council, staff continue to revisit and refine the regulations associated with the use of the public space. Recommendations and adjustments work to balance: encouraging activity while managing risks and safety, preserving flexibility for the long-term closure, and providing incremental and stable steps for businesses to plan for and invest in. The interim changes recommended for consideration in this report are focused on safety and circulation. Over the summer, staff anticipates continuing to explore changes to promote placemaking and a unified aesthetic. Staff also recommends that any interim changes in California Avenue acknowledge the need for coordination with the Farmers’ Market to ensure the space and configurations needed for the market. Below are interim changes for Council consideration and direction to staff for implementation, they are organized by Safety and Circulation. Safety • Implement a dedicated emergency access lane: An emergency access lane will be marked with paint on the center portion of the roadway and maintained by City staff to ensure the lane remains visible and is kept free of obstructions. The purpose of the emergency access lane is to support the protection of life and property. A dedicated emergency lane ensures around-the-clock access for fire apparatus and police emergency vehicles to safely travel within the road closure as needed for small or major emergencies. CFC 503.2.1 require a fire access road to be 20 feet wide. Currently there is no pathway down California Avenue or Ramona Street for a fire engine. During the extended road closure, the Fire Department request 16-foot-wide emergency access lane, with some 20-foot-wide lengths, so Fire and Police vehicles can travel the length of the California Avenue and Ramona Avenue road closures in case of an emergency. there is a 40-foot section of Ramona Street that would require a minimum width of 20 feet of clearance for fire truck access. The Cardinal Hotel is a three-story historic building with no sprinklers. The Fire Department’s ladder truck has outriggers that measure 18 feet wide. A 20-foot clearance ensures that the truck can fit within the access lane and that the ladders, when extended, can reach the side of the Cardinal Hotel in the event of an emergency. • Edge treatment around on-street dining space: All restaurants with on-street dining shall be required to include a continuous barrier by preventing dining guests from entering the dedicated two-way bicycle lane which will be discussed in the next section. This edge treatment not only bolsters parklet user safety but also supports pedestrian circulation on the sidewalks. Users of the closed streets will need to reorient themselves to walking solely on the sidewalk, instead of walking on the roadway, to access dining spaces from the sidewalk. Limiting access to dining spaces to sidewalks only will also require businesses to address accessibility to their dining space and comply with Americans with Disabilities Act (ADA) regulations. Accessibility measures for on-street parklets were previously outlined in the adopted City of Palo Alto Parklet Encroachment Permit Parklet Standards & Requirements document. City of Palo Alto Page 5 Edge treatments shall be a height no shorter than 36 inches and no higher than 42 inches measured from the street level. The upper height limit is intended to maintain visual openness in the environment. • Tents and umbrellas: There are two California Fire Code (CFC) issues concerning large tents1. CFC 3103.5 states that tents are permitted for 180 days total within a 12-month period; otherwise, they are subject to the same requirements as permanent structures. Some tents have been set up on California Avenue since 2020. Ramona Street businesses have not installed tents and have instead used umbrellas. To remedy these issues, staff recommends restricting permitted installation of tents except during inclement weather months (November-March). CFC 3103.8.2 states that large tents cannot be installed within 20 feet of a building unless there is a fire access lane. Umbrellas and smaller shade tents that do not require a tent inspection could be used by a business year-round. Umbrellas and all tents should be one solid color and not encroach in any portion of the emergency access lane. Circulation • Implement a dedicated two-way bike lane. A bike lane will be marked with paint on the center portion of the roadway and maintained by City staff to ensure the lane remains visible and kept free of obstructions. The bike lane will also function as the emergency access lane discussed above. Installing a dedicated bike lane is responsive to feedback staff received from Councilmembers, community members, and business operators about the need to dedicate space for cyclists to ride through while mitigating conflicts between cyclists and pedestrians within the closed street. A dedicated bike lane provides a safe solution for cyclists and pedestrians alike by separating the two types of traffic. California Avenue and Ramona Street are equipped with bicycle parking and are near mass transit connections. In the case of California Avenue, the tunnel at the east end of the street is one of the few rail corridor crossings for people on foot or bikes in town. Because of the uneven distribution of bicycle and pedestrian crossings along the rail corridor, particularly to the south (E. Meadow is 1.3 miles away, a long distance in pedestrian and bicycle terms), and because California Ave crosses El Camino Real and reaches Hanover, a gateway to employment sites at the Stanford Research Park, delineating bicycle access through the California Avenue street closure is important for local pedestrian and bicycle circulation, regional employment, and transit access. Moreover, the installation of a dedicated bike lane encourages continued bicycling to the closed streets and cycling to adjacent business districts and also connects our residential community via interconnected bike routes while providing for cyclist and pedestrian safety. Additionally, a dedicated bike lane will naturally increase sidewalk circulation. Retail operators and Councilmembers called for creative ways to drive foot traffic to the sidewalks. Signage urging pedestrians to utilize sidewalks and to window shop were largely unsuccessful. Retailers reported dramatically reduced foot traffic in areas where roads were closed to vehicular traffic. 1 Tents that exceed 400 sf aggregate require a tent inspection. Shade tents are tents that are a maximum of 400 sf or when placed adjacent to other tents, do not exceed 400 sf aggregate. Shade tents or pop-up style tents do not require a permit. City of Palo Alto Page 6 In closed streets with larger areas of open spaces, pedestrians and cyclists spread out. Retailers not only rely on planned or intentional customer purchases, but also from unplanned purchases because an attractive storefront window display led to consumer purchases. Anecdotally, downtown retailers reported that after University Avenue was reopened, sidewalk foot traffic dramatically increased, as did sales. California Avenue Specific Recommendations • Aesthetic Elements: City staff may install appropriate enhancements or aesthetic elements that will also provide a visible distinction from the access lane and dining areas. Between the outer edge of the emergency access lane and the installed edge treatment around a business’ dining area, there are segments of closure space that are wide and thus appropriate for aesthetic improvements. City landscape architecture and public art staff are engaged to support options that improve aesthetics and, in some cases, provide an additional benefit of separation between the bicycle lane and dining spaces. The roadway within the closed portion of Ramona Street is 35 feet wide. With the implementation of a dedicated bicycle lane and emergency access lane, there is only about nine and one half feet remaining for businesses to utilize street space. Installation of enhancements within the outer edge of the emergency access lane and a business’ edge treatment around dining areas was not considered by staff due to the space limitations on Ramona Street. • Urban Village Farmers’ Market: One of the most significant issues to highlight when evaluating recommended changes to California Avenue is the footprint needs to accommodate the Urban Village Farmers’ Market (Farmers’ Market) every Sunday. The Farmers’ Market holds a Conditional Use Permit (CUP) for California Avenue between El Camino Real and Birch Street. During the impact of changing health order restrictions, stall members from the Farmers’ Market were very flexible and accommodating of businesses operating outdoors. Farmers’ Market management and City staff developed an updated footprint that reflects the current shared spaces and tents. To that end, staff recommend that any adopted changes take into consideration and minimize impacts to spaces allocated for Farmers’ Market booths. Alternative Option: Status Quo Configuration of Closed Streets Should the City Council choose to leave the street closures of Ramona Street and California Avenue in their current state, there would be limited ability to implement emergency access lane, no required edge treatment of street dining spaces to bolster safety of diners and bicyclists, no dedicated bicycle lane to mitigate interactions between cyclists and pedestrians, and nothing naturally promoting pedestrian use of the sidewalk. Given the opportunity to discuss the interim closure and pursue immediate changes that will promote safety and circulation, this alternative is not recommended. Alternative Option: Reopen the Streets to Vehicular Traffic Should the City Council choose to reopen California Avenue and Ramona Street to vehicular traffic, on- street dining would discontinue and businesses would need to construct parklets in compliance with the pilot parklet program and then bring them into compliance with the permanent parklet program once the permanent program’s regulations and policies are adopted. Given previous City Council direction to City of Palo Alto Page 7 keep Ramona Street and California Avenue closed to vehicular traffic, this alternative is not recommended. Stakeholder Engagement In anticipation of the City Council discussion on the extension of the temporary street closure, staff engaged local businesses and residents through a variety of interactions. Community and Business Surveys Two surveys were published to capture community and business feedback on the extension of the closed streets and additional recommendations for the program. The community survey was forwarded to the Palo Alto Neighborhoods (PAN) representatives for broader distribution and included in a news story posted on the City’s website, in the City Manager’s Comments blog, in the Uplift Local newsletter, and posted on the City’s social media accounts. Since February 28, 2022, the last Council discussion on this topic, the community has continued to write emails in support of the continued road closures to City Staff, the City Council, and the City Manager’s Office. The business survey was published via email directly to the California Avenue and Downtown business groups. The Palo Alto Chamber of Commerce has been included in all business communication and is encouraging its membership to participate in the survey as well as to engage with Council. Universally, businesses and residents alike desire an elevated appearance within the closed streets. Uniformity, openness, and improved aesthetics are frequently cited. The closing date for both surveys is May 13, 2022, at noon. A poll of the businesses located within the closures will be conducted. The survey data and polling results will be provided to Council in a memo format to be delivered and made public before the May 16, 2022, Council meeting. Business Meetings Staff held one business meeting with the business community to introduce the recommendations contained within this report and receive feedback. The opinions of some business stakeholders have changed over time. Where the opinions of Ramona Street businesses within the closure have remained constant, there has been a shift in some opinions of the California Avenue businesses within the closure. The general sentiment of retail businesses located outside of the closures remains constant, preferring the streets open for vehicular and pedestrian flow through the entire district. Staff heard from some restaurant owners that they would prefer California Avenue to reopen to vehicular traffic and others reported that while they do enjoy the closed streets, their business survival is no longer reliant on the closure. On Ramona Street there is some support from retailers within the closed street to extend the closure. Those retailers cite that on-street dining in front of their business has created new customer opportunities. Conversely, retail businesses outside and near the closed streets prefer the streets to reopen and cite that the closure causes poor vehicle and pedestrian circulation in front of their businesses. City of Palo Alto Page 8 Ongoing Engagement City staff in collaboration with the Palo Alto Chamber of Commerce, have created an Economic Development Committee – Downtown (EDC Downtown). Outreach efforts to create a similar group, Economic Development Committee – California Avenue (EDC Cal Ave) are in process. The EDCs are the next iteration of the Uplift Local meetings. Committee members represent business, local community, staff, and the Palo Alto Chamber of Commerce. The EDC meets monthly to prioritize and discuss issues that affect the economic development of the business district and collaborate with appropriate staff on viable solutions that will benefit the entire district. Quarterly meetings will be held for a broader audience to report out and hear additional feedback. The EDC’s will also serve as a stakeholder forum to provide feedback on potential projects within their district. Additional stakeholder outreach will be necessary and will take place during the permanent closure Alternative Analysis process. Timeline and Next Steps If Council approves of the extension of the street closure, portions of California Avenue and Ramona Street will remain closed to vehicles through December 31, 2023. Should Council approve some or all the additional recommendations, staff request that businesses are required to comply with the updated regulations 30 days after adoption. Alternatively, should Council approve the reopening of the temporary road closures, the streets could be open on any date Council determines appropriate. Should the City Council choose to reopen the streets, staff recommends ample time for impacted businesses to prepare and adjust to such an action. For the analysis of longer-term alternative options for street closures, City staff is in the preliminary stages of initiating the Request for Information (RFI)/Request for Proposal (RFP) process and will return to Council for review and approval of the contract for consultant services in the next fiscal year. Table 1. Timeline: for Near and Long-Term Recommendations for Street Closure Improvements Timeline for Near and Long-Term Recommendations for Street Closure Improvement May 16, 2022 City Council: • Discuss and determine reaffirmation of previous direction to staff through adoption of resolutions: Keep California Avenue and Ramona Street closed to vehicular traffic • If so, provide direction to staff regarding imposition of interim changes focused on safety and circulation Summer/Fall 2022 Permanent Parklet Program: • Staff work: Incorporate City Council feedback from May 9, 2022 into a permanent parklet program Interim Street Closure (through December 2023): • Staff and consultant work: ▪ Continue refining approaches for unified place-making at California Avenue (focusing on elements such as aesthetics, engagement, and activation) ▪ Continue engagement with the community around these incremental changes • City Council: Review and provide direction on additional changes as needed (no earlier than August 2022) City of Palo Alto Page 9 Long-Term Alternatives Study regarding street closures: • Staff and consultant work: ▪ Initiate RFI/RFP process for consultant support ▪ Onboard a consultant once City Council has approved the contract ▪ Continue engagement with the community around long-term alternative options for street closures • City Council: Approval of a contract with a consultant to analyze long-term alternative options for street closures Late 2022/Early 2023 Staff, Consultant, & City Council work: • Provide updates to City Council as appropriate and solicit direction and feedback on long-term alternative options for street closures • Return with a report detailing analysis of long-term alternative options for street closures and recommendations Resource Impact: Planning Code Enforcement Officers, Fire Department Inspectors, Building Inspection staff, Public Works staff, and Office of Transportation staff all have both ongoing and additional work related to the interim period as the organization works to transition from temporary to long-term/permanent programs. With the implementation of an emergency access lane, street sweeping activities would resume. Business operators would continue to be responsible for maintaining the cleanliness of their dining spaces. Going forward, performance on the part of businesses and enforcement on the part of the City will remain key expectations of any plans for each street. City enforcement resources are very limited, and resource requirements will be evaluated and options brought back for Council consideration. To date, the City has waived all parklet, street and sidewalk encroachment fees under the Uplift Local Program. Testimony suggests that those waivers supported businesses using outdoor areas to say afloat. In that regard, the waiving of fees may have supported the generation of tax revenues – a portion of which come to the City. Sales Tax as proximate indicator of Economic Impacts Through work with the City’s sales tax consultant, AvenuInsights, the City has used sales tax as a proximate indicator for how certain businesses have fared throughout the COVID-19 pandemic. It should be noted that not all businesses are subject to sales tax; therefore, an analysis of sales tax performance does not reflect the entirety of the business ecosystem. Most notable is the omission of certain types of service businesses from such an analysis. As part of both the June 22, 2021 conversation with the City Council regarding the City’s state of emergency and the discussion of continued street closures, staff presented information that benchmarked the second half of calendar year 2020 (July-December) against the same time period for 2019, and also compared the second half of 2019 (July-December) to the same time period for 2018. In that analysis, California Avenue districts and University Avenue districts were separate from the rest of the City to evaluate impacts on food services and retail categories. Staff has updated the analysis presented in June 2021, showing the year-over-year percentage change for the second half of the calendar year, beginning in 2018, comparing to the second half of 2019, then comparing to the second half of 2020, and now including a comparison to the second half of Calendar Year 2021. The fourth column shows a direct comparison of the second half of 2019 to the second half of 2021. City of Palo Alto Page 10 Table 2. Food Services Category by Geographic Area: July – December (2018 to 2019, 2019 to 2020) Food Services* Geographic Area* % 2018 to 2019 % 2019 to 2020 % 2020 to 2021 % 2019 to 2021 California Ave District 6.95% (46.75%) 67.8% (10.67%) University Ave District (2.35%) (52.03%) 69.0% (18.90%) Remainder of City (excludes Cal & University) 2.71% (42.06%) 45.3% (15.79%) * The Geographic areas for California Avenue and University Avenue extend beyond the named streets. Table 2, above, shows that performance in the Food Services category was generally consistent throughout the City. University Avenue saw a slight decline from the second half of 2018 to the second half of 2019, then the steepest decline from the second half of 2019 to the second half of 2020, and the greatest recovery from the second half of 2020 to the second half of 2021. Although the magnitudes varied, this trend was roughly consistent with California Avenue and the remainder of the city, which each saw slight growth from 2018 to 2019, steep declines from 2019 to 2020, and then recovered from 2020 to 2021. Table 3. Retail Category by Geographic Area: July – December (2018 to 2019, 2019 to 2020) Retail Geographic Area* % 2018 to 2019 % 2019 to 2020 % 2020 to 2021 % 2019 to 2021 California Ave District (21.51%) 9.59% 13.01% 23.84% University Ave District (0.31%) (54.36%) 44.86% (33.88%) Remainder of City (excludes Cal & University) 11.00% (33.45%) 30.78% (12.97%) * The Geographic areas for California Avenue and University Avenue extend beyond the named streets. Table 3 shows performance in the retail category, which was somewhat different than the food services category. Although both California Ave and University Ave districts saw declines in retail from the second half of 2018 to the second half of 2019, California Ave was the only one that recovered somewhat from 2019 to 2020, and its recovery continued somewhat from the second half of 2020 to the second half of 2021. University Avenue’s retail sales tax growth was essentially flat between the second half of 2018 and 2019, before decreasing between the second half of 2019 and the second half of 2020, and then rebounding the most robustly between the second half of 2020 and the second half of 2021. This was generally consistent with the rest of the City, with the exception that retail elsewhere grew somewhat between the second half of 2018 and the second half of 2019 before its decline from the second half of 2019 to the second half of 2020. As previously discussed with the City Council, beyond the street closures there have been other general factors likely influencing sales tax of various businesses throughout the pandemic and persisting through this recovery. Some of those general factors are reiterated below: • A significant decrease in the daytime population persists. Even as companies begin to return to office, some companies are now offering flexible and hybrid schedules in-lieu of requiring employees to be on-site every day. City of Palo Alto Page 11 • A shift from in-person retail to more online shopping for certain goods. • Increased spending on recreational equipment, home-related products, and general building materials. • A shift in spending on apparel. Policy Implications Overall, the street closure topic reflects a decision about how best to use public space, in this case, the public roadways and sidewalks. The interim extension of the street closure allows for the City to conduct an analysis of long-term alternative options that includes engaging the residents, the business community, stakeholders, and other members of the public on how to best use that public space. That engagement includes determining if the space will include permanent separated facilities for pedestrians and bicycles, and if private businesses will be charged to use the public space. The decision about waiving fees is ultimately a policy decision for the City Council to decide as part of its consideration both of ongoing street closures and the permanent parklet program. Environmental Review This resolution 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). Attachments: • Attachment A – Resolution Extending City Manager Authority to Temporarily Close a Portion of Ramona St. to December 2023 • Attachment B – Resolution Extending City Manager Authority to Temporarily Close a Portion of California Ave. to December 2023 *NOT YET ADOPTED* 252_20220505_ts24 1 Resolution No. ___ Resolution of the Council of the City of Palo Alto Extending the Temporary Closure of a Portion of Ramona Street Pursuant to California Vehicle Code Section 21101 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 and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls. *NOT YET ADOPTED* 252_20220505_ts24 2 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. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 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. *NOT YET ADOPTED* 252_20220505_ts24 3 M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non- emergency basis. N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID-related rules and restrictions (also known as the color-tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021. O. However, since the rollback of restrictions and initial decrease of COVID cases, the number of COVID cases has increased. Since July 2021, the number of COVID Cases in the County of Santa Clara has moved upward, from fewer than 30 cases per day to more than 300 cases per day on many days in August 2021. As of September 1, 2021, the 7-day rolling average new cases is 361 in the County. On August 2, 2021, the County issued a requirement to wear face coverings indoors, regardless of vaccination status. P. According to the federal Centers for Disease Control (CDC), the Delta variant of COVID-19 is currently the dominant strain of virus in the United States as of August 2021. The CDC finds that the Delta variant is more than 2x more contagious compared to previous variants, and fully vaccinated people with the Delta variant breakthrough infections can spread the virus to others. Q. 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 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. R. The recent increase of COVID cases across the State and the high likelihood that the pandemic will continue through the end of 2021 increases the chances that outdoor dining remains 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 indoor restrictions return. S. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining and other activities as may be allowed. The Council voted on each street separately and Resolution 9988 extended the closure of Ramona Street only; a separate resolution (no. 9987) extended the closure of California Avenue. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021. *NOT YET ADOPTED* 252_20220505_ts24 4 T. The Council now desires to amend and restate Resolution 9988 to continue its provisions until December 31, 2023. 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. Supersedes Resolution 9988. This Resolution shall supersede Resolution 9988, which is rescinded as of the effective date of this Resolution. SECTION 3. Extension of Temporary Street Closure A. The following street is hereby closed to any and all vehicular traffic through December 31, 2023, in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining, retail, and other permitted uses: 1. Ramona Street from University Avenue to Hamilton Avenue. 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. The City Manager is also authorized to close only part of the street authorized for closure in Section A. SECTION 4. The Council finds that this Resolution 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). // // // // // // // *NOT YET ADOPTED* 252_20220505_ts24 5 SECTION 5. This Resolution shall become effective immediately upon adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Public Works _____________________________ Chief Transportation Official _____________________________ Director of Planning and Development Services *NOT YET ADOPTED* 253_20220505_ts24 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Extending the Temporary Closure of a Portion of California Avenue Pursuant to California Vehicle Code Section 21101 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 and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls. *NOT YET ADOPTED* 253_20220505_ts24 2 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. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 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. *NOT YET ADOPTED* 253_20220505_ts24 3 M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non- emergency basis. N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID-related rules and restrictions (also known as the color-tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021. O. However, since the rollback of restrictions and initial decrease of COVID cases, the number of COVID cases has increased. Since July 2021, the number of COVID Cases in the County of Santa Clara has moved upward, from fewer than 30 cases per day to more than 300 cases per day on many days in August 2021. As of September 1, 2021, the 7-day rolling average new cases is 361 in the County. On August 2, 2021, the County issued a requirement to wear face coverings indoors, regardless of vaccination status. P. According to the federal Centers for Disease Control (CDC), the Delta variant of COVID-19 is currently the dominant strain of virus in the United States as of August 2021. The CDC finds that the Delta variant is more than 2x more contagious compared to previous variants, and fully vaccinated people with the Delta variant breakthrough infections can spread the virus to others. Q. 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 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. R. The recent increase of COVID cases across the State and the high likelihood that the pandemic will continue through the end of 2021 increases the chances that outdoor dining remains 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 indoor restrictions return. S. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining and other activities as may be allowed. The Council voted on each street separately and Resolution 9987 extended the closure of California Avenue only; a separate resolution (no. 9988) extended the closure of Ramona Street. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021. *NOT YET ADOPTED* 253_20220505_ts24 4 T. The Council now desires to amend and restate Resolution 9987 to continue its provisions until December 31, 2023. 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. Supersedes Resolution 9987. This Resolution shall supersede Resolution 9987, which is rescinded as of the effective date of this Resolution. SECTION 3. Extension of Temporary Street Closure A. The following street is hereby closed to any and all vehicular traffic through December 31, 2023, 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. 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. The City Manager is also authorized to close only part of the street authorized for closure in Section A. SECTION 4. The Council finds that this Resolution 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). // // // // // // *NOT YET ADOPTED* 253_20220505_ts24 5 SECTION 5. This Resolution shall become effective immediately upon adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Public Works _____________________________ Chief Transportation Official _____________________________ Director of Planning and Development Services