The URL can be used to link to this page

Home My WebLink About090120-09.1 ADMINISTRATIVE STAFF REPORT 9.1 TO: Mayor and Town Council September 1, 2020 SUBJECT: Resolution No. 62-2020, authorizing a time extension for the street closures for temporary outdoor restaurant seating, granting an exemption from Danville Ordinance No. 96-10 allowing for consumption of alcoholic beverages within the public right-of-way, and appropriating contingency funds to extend a contract for traffic control services BACKGROUND To support local businesses during the pandemic, the Town Council adopted Resolution No. 39-2020 on June 8, 2020, authorizing street closures for temporary outdoor restaurant seating to accommodate the number of previously approved tables and seats for individual restaurants, while providing for greater separation to comply with COVID-19 related social distancing requirements as determined by the County, State of California, or Center for Disease Control and Prevention. Resolution No. 39-2020 also granted exemption from Danville Ordinance 96-10 allowing for consumption of alcoholic beverages within the public right-of-way subject to the street closures and business owners adhering to all regulations from Alcohol Beverage Control. Most of the anticipated seating areas can be accommodated on private or public property, such as sidewalks and parking lots, and can be approved administratively. However, some restaurants do not have sufficient on-site or off-street area and may need to expand into adjacent public street rights-of-way. This requires Town Council approval under the California Vehicle Code Section 21101(e), which provides that a town may by resolution temporarily close all or a portion of any street within its jurisdiction, for “celebrations, parades, local special events, and other purposes when the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closure.” Resolution No. 39-2020 and Resolution No. 50-2020 authorized a series of weekend road closures on Hartz Avenue between Diablo Road and Prospect Avenue and from Prospect Avenue to School Street to be temporarily closed Friday to Sunday until August 31, 2020 to provide outdoor parklets—on-street parking spaces and specific street right-of way to temporarily convert seating areas for restaurants that were unable to successfully expand their seating on their respective properties--24 hours a day, seven days a week, for up to three months. On July 29, 2020, at a special meeting, the Town Council amended the weekend road closure to include only the segment of Hartz Avenue from Diablo Road to Prospect Avenue. Street Closure for Temporary Seating 2 September 1, 2020 Since the program was launched, the Town has approved 34 temporary land use permits allowing the expansion of outdoor dining on public and private property, providing relief for over 44 restaurants townwide. Per Town Council direction, the temporary permits are granted at no cost to the applicants. DISCUSSION The street closures authorized by the Town Council for outdoor dining Friday through Sunday were temporary in nature from July 3 to August 31, 2020 with the ability to extend the timeframe depending on the Contra Costa County Health Order for restaurants to adhere to social distancing requirements. Since many of the land use permits are set to expire on August 31, the Town is requesting time extensions for public right-of-way closure with the goal of establishing a unified expiration date that could expand or retract to align with the Health Order. Time extensions are being requested for the following road closure options, both of which include “up to” provisions that may be shortened if changes to the County Health Order allow for indoor dining up to the otherwise permitted seating capacity for each restaurant, or if weather renders the patio unusable: 1. For parklets where a partial weekend road closure is 24 hours a day, seven days a week, extend the time authorizing road closure up to December 31, 2020. 2. For weekend road closures on Hartz Avenue between Diablo Road and Prospect Avenue, from Friday at 2:00 a.m. until Sunday at 11:00 p.m., extend the time authorizing the road closure up to November 1, 2020, and on Monday, September 7, until 11:00 p.m. for the extended Labor Day weekend. PUBLIC CONTACT Posting of the meeting agenda for the Town Council meeting of September 1, 2020, serves as notice to the general public. Businesses affected by the right-of- way closures were also notified by email. FISCAL IMPACT A time extension of these closures will allow restaurants and retailers to utilize the street for additional outdoor seating and display of merchandise in compliance with state and county requirements for social distancing and is expected to assist in the Town’s economic recovery from the COVID-19 pandemic. In order to ensure the safety of all members of the public during these closures, it is necessary to extend the Town’s contract with Statewide Safety Systems to provide both Street Closure for Temporary Seating 3 September 1, 2020 the labor for weekly set up and take down all of the necessary traffic control devices for an additional $21,000 from the Town’s Contingency Fund in the FY 2020/21 Operating Budget. RECOMMENDATION Adopt Resolution No. 62-2020, authorizing a time-extension for street closures for temporary outdoor restaurant seating, and granting an exemption from Danville Ordinance No. 96-10 allowing for consumption of alcoholic beverages within the public right-of-way, and appropriating contingency funds to extend a contract for traffic control services. Prepared by: Jill Bergman Economic Development Manager Reviewed by: Tai J. Williams Assistant Town Manager Attachments: A - Resolution No. 62-2020 Exhibit 1: Downtown Outdoor Seating Street Closure Maps RESOLUTION 62-2020 AUTHORIZING A TIME EXTESION FOR STREET CLOSURES FOR TEMPORARY OUTDOOR RESTAURANT SEATING, GRANTING AN EXEMPTION FROM DANVILLE ORDINANCE NO. 96-10 ALLOWING FOR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE PUBLIC RIGHT-OF-WAY, AND APPROPRIATING CONTINGENCY FUNDS TO EXTEND A CONTRACT FOR TRAFFIC CONTROL SERVICES WHEREAS, the Town introduced a program to allow for the temporary expansion of existing outdoor restaurant seating areas to accommodate the number of previously approved tables and seats to comply with social distancing requirements related to COVID-19, as determined by the County, State, or Center for Disease Control and Prevention; and WHEREAS, some restaurants in the downtown area do not have sufficient on-site or off- street area for expanded outdoor seating, and may need to expand into adjacent public street rights-of-way; and WHEREAS, California Vehicle Code Section 21101(e) provides that a town may by resolution temporarily close all or a portion of any street in its jurisdiction, for “celebrations, parades, local special events, and other purposes when the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closure”; and WHEREAS, on June 8, 2020, the Town Council adopted Resolution No. 39-2020, approving a first round of street closures to accommodate outdoor seating in streets; and WHEREAS, on June 25, 2020 the Town Council adopted Resolution No 50-2020, approving temporary weekend road closures Friday through Sunday, to accommodate outdoor seating expansion for restaurants in a vehicle free environment, which approval was modified by the Town Council at a special meeting held on July 29, 2020; and WHEREAS, Danville Ordinance No. 96-10 requires Town Council approval to allow consumption of alcohol within right-of-way areas subject to the street closures; now, therefore, be it RESOLVED, that the Danville Town Council authorizes a time extension of street closures for temporary outdoor restaurant seating and grants an exemption from Danville Ordinance No. 96-10 allowing for consumption of alcoholic beverages within the public right-of-way as follows: 1. ‘Parklets’ established in the public right of way as shown on Exhibit 1, attached hereto and incorporated herein, shall be in effect 24 hours a day, seven days a week, to December 31, 2020. This time period may be shortened if changes to the DocuSign Envelope ID: 7A1B6590-4CC0-48FF-9144-0DF2800EFBDD PAGE 2 OF RESOLUTION NO. 62-2020 County Health Order allow for indoor dining up to the otherwise permitted seating capacity for each restaurant. These parklets may be used only by restaurants that have received authorization from the Town granting a Temporary Outdoor Dining Permit and only so long as the restaurants comply with all conditions of approval, as well as any applicable changes in the health orders mandated by the State of California or Contra Costa County. 2. Hartz Avenue between Diablo Road and Prospect Avenue may be closed from Friday at 2:00 a.m. until Sunday at 11:00 p.m. from September 4, 2020 to November 1, 2020, and on Monday, September 7 until 11:00 p.m. for the extended Labor Day weekend. This time period may be shortened if changes to the County Health Order allow for indoor dining up to the otherwise permitted seating capacity for each restaurant. The street closure for Hartz Avenue is subject to the following conditions which shall be the responsibility of the participating restaurants: a. Required businesses to adhere to Contra Costa County Health Order and State of California Orders on requirements for social distancing (tables, servers, etc.), PPE (masks, sanitation, etc.), restaurant protocol (table and chair seating placement, paper menus, post and manage seating capacity, mandatory face masks protocol for servers and guests, proper signage posted, etc.), no outdoor live music or entertainment, no outdoor bar or tables without seats, etc. b. Erect and dismantle the respective seating areas each week. c. Implementing social distancing measures for table placement as depicted in Streetsense guidelines provided by the Town. d. Develop a hostess station and efficient process outside the patio area to manage customers waiting for a table to eliminate customers congregating in the path of travel on the sidewalks or adjacent to patrons dining in seating area. e. Contain alcohol consumption within the designated expanded patio areas on Hartz Avenue. f. Restaurant owners are responsible to keep Hartz Avenue clear of trash and debris and return the street to pre-closure condition. g. Prior to street re-opening on Sunday evening, outdoor dining areas shall be returned to the previously approved parklet configuration. h. Failure to comply with any of these conditions may result in termination approvals for the temporary expansions into the public right-of-way; and be it further DocuSign Envelope ID: 7A1B6590-4CC0-48FF-9144-0DF2800EFBDD PAGE 3 OF RESOLUTION NO. 62-2020 RESOLVED, that the consumption of alcohol within the temporary seating areas shall be limited to the restaurant’s normal business hours, unless the hours are past the street reopening time, and the business owners shall be required to adhere to all regulations as set by the California Department of Alcohol Beverage Control (ABC), including erecting physical barriers for seating area where alcohol is being served; and, be it further RESOLVED, that restaurant business owners are required to obtain an administrative Temporary Outdoor Seating Land Use Permit to operate in the public right-of-way and adhere to the established conditions of approval; and, be it further RESOLVED, an additional $21,000 is hereby appropriated from contingency funds to extend the existing contract with Statewide Safety Systems of Fairfield, CA to provide traffic control devices and deployment of those devices each weekend for the closure of Hartz Avenue between Diablo Road and Prospect Avenue. The Town Manager is hereby authorized to execute necessary contract amendments. APPROVED by the Danville Town Council at a regular meeting on September 1, 2020, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ____________________________________ MAYOR APPROVED AS TO FORM: ATTEST: ____________________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 7A1B6590-4CC0-48FF-9144-0DF2800EFBDD Temporary Downtown Outdoor Seating Areas Proposed Street/Parking Space Closures Hartz Avenue/Railroad Avenue Area LEGEND Full Street Closure (Weekend Only) Parking Space Closure (Parklet) Hartz Ave Railroad Ave Hartz Avenue closure, Diablo Road to Prospect Avenue Friday –Sunday only. Ch u r c h S t Full Street or Lane Closure (Parklet)Exhibit 1 DocuSign Envelope ID: 7A1B6590-4CC0-48FF-9144-0DF2800EFBDD Temporary Downtown Outdoor Seating Areas Proposed Street/Parking Space Closures North Hartz Avenue Area LEGEND Parking Space Closure (Parklet) DocuSign Envelope ID: 7A1B6590-4CC0-48FF-9144-0DF2800EFBDD