HomeMy WebLinkAbout062-2020DocuSign Envelope ID: D8116A85-1D3D-4316-8736-03C1A0AEBA34
RESOLUTION 62-2020
AUTHORIZING A TIME EXTENSION 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
DocuSign Envelope ID: D8116A85-1D3D-4316-8736-03C1A0AEBA34
week, to January 3, 2021. 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. 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. Develop a strategy for Vally Medlyn's to erect a temporary parklet on Hartz
Avenue in the parking space between the loading zone and fire lane, subject to
approval of a Temporary Outdoor Seating permit.
3. 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 January
3, 2021, 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.
Prior to street re -opening on Sunday evening, outdoor dining areas shall be
returned to the previously approved parklet configuration.
g.
PAGE 2 OF RESOLUTION NO. 62-2020
DocuSign Envelope ID: D8116A85-1D3D-4316-8736-03C1A0AEBA34
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
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: Arnerich, Blackwell, Morgan, stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
DocuSigned by:
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MAYOR
APPROVED AS TO FORM: ATTEST:
,-DocuSigned by:
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CITY ATTORNEY
DocuSned by:
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CITY CLERK
PAGE 3 OF RESOLUTION NO. 62-2020
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