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CC Resolution 12620 RESOLUTION NO. 12620 A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL TEMPORARILY SUSPENDING AND DESIGNATING PARKING RESTRICTIONS AND PROHIBITIONS PURSUANT TO CAMPBELL MUNICIPAL CODE CHAPTER 10.24 AND AUTHORIZING TEMPORARILY CLOSING THE 100, 200, 300, AND 400 BLOCKS OF EAST CAMPBELL AVENUE TO MOTOR VEHICLE TRAFFIC PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21101 TO FACILITATE OUTDOOR BUSINESS AND SETTING FORTH ENFORCEMENT PRIORITIES AFFECTING DOWNTOWN BUSINESSES DURING THE COVID-19 EMERGENCY WHEREAS, Campbell City Council proclaimed a state of emergency on March 17, 2020 in response to COVID-19 following the World Health Organization's escalation of COVID- 19 to a pandemic, and declarations of states of emergency have been made at the County, State, and Federal levels to slow the spread of the COVID-19; and WHEREAS, on March 16, 2020, March 31, 2020, and April 29, 2020, the Health Officer of the County of Santa Clara issued subsequent orders directing all individuals living in the County to continue to shelter in their place of residence subject to certain exceptions, thus impacting the revenue and economic stability of many Campbell businesses; and WHEREAS, in response to the strain placed on essential businesses by the County Health Orders, on April 30, 2020, the City Council of the City of Campbell adopted a Resolution authorizing Campbell code enforcement officials to exercise their discretion in a manner that recognizes the need for flexibility by essential services providers, and gave a low priority to code enforcement efforts against businesses providing products or services of the type that were regularly utilized by the business prior to March 16, 2020; WHEREAS, on June 1, 2020, the Health Officer of the County of Santa Clara issued an order effective June 5, 2020 authorizing the use of outdoor dining, and on May 12, 2020, the State issued COVID-19 Industry Guidance for dine-in restaurants, which prioritizes outdoor seating and curbside pickup to minimize cross flow of customers in enclosed environments; and WHEREAS, on June 2, 2020, the Campbell City Council approved temporary relaxation of the City's land use allowances and permit processes to allow temporary expansion of outdoor dining and retail sales display areas on the city sidewalk, in front of adjacent tenant spaces, private common areas, adjacent private parking lots and adjacent private parcels in advance of the County Health Order of June 5, 2020; and WHEREAS, on July 2, 2020, the Health Officer of the County of Santa Clara issued an order effective July 13 in conjunction with a Variance Attestation Request approved by the California Department of Public Health on July 7, 2020, allowing the County to Page 1 of 5 proceed quicker through Stage Two of the State's Resilience Roadmap and continue outdoor dining; and WHEREAS, East Campbell Avenue is the main thoroughfare in downtown Campbell and an economic and cultural focal point of the City with a variety of ground-floor businesses, including many restaurants, that have been significantly impacted by the COVID-19 pandemic; and WHEREAS, the COVID-19 Emergency has placed an extreme financial burden on businesses and their employees operating under the orders of the County of Santa Clara Public Health Department; WHEREAS, in an effort to support economic recovery of businesses in downtown Campbell during the COVID-19 pandemic and operate under the County of Santa Clara Public Health Order and the State's guidelines in a safe and responsible manner, the City will be partnering with businesses to facilitate outdoor , for all existing permitted businesses consistent with State and County Health Orders and Directives along East Campbell Avenue and will provide logistical support and organization to facilitate temporary expansion into the street, which is anticipated to operate seven days a week, beginning as soon as practical for a time period of at least 30 days or longer if deemed appropriate by the City; and WHEREAS, to facilitate temporary expanded outdoor areas for permitted businesses located along East Campbell Avenue between Ainsley Park and Third Street, the City desires to close the 100, 200, 300, and 400 blocks of East Campbell Avenue (from Third Street to Railway Avenue) to vehicular traffic with continued motor vehicle access across East Campbell Avenue at each of the cross streets pursuant to Campbell Municipal Code 10.24.050 provided that outdoor areas comply with social distancing requirements, mandatory directives and health orders issued by the State of California and County of Santa Clara; and WHEREAS, the City desires to temporarily suspend the Two-Hour Parking Zones, 8:00 a.m. to 6:00 p.m., and Loading Zones, 7:00 a.m. to 6:00 p.m., along the East Campbell Avenue closure blocks with appropriate signage designating these locations as No Parking Zones pursuant to Campbell Municipal Code Sections 10.24.040 and 10.24.095; and WHEREAS, the City desires to temporarily provide authority to the City Traffic Engineer to determine whether the parking spaces located at the Harrison Avenue parking lot shall be designated as Twenty-Four Minute Parking Zones with appropriate signage for curbside pick-up purposes pursuant to Campbell Municipal Code Sections 10.24.040 and 10.24.095; and WHEREAS, the City desires to temporarily authorize the City Traffic Engineer to determine whether all of the parking spaces located in the City Parking Structure between 2nd and 3rd Streets shall be designated as Two-Hour Parking Zones from 10:00 a.m. to 7:00 p.m. excluding those parking spaces currently reserved for workers, and designate Page 2 of 5 spaces on the ground floor in said facility as Twenty-Four-Minute Parking Zones, 10:00 a.m. to 7:00 p.m. as curbside pick-up areas, pursuant to Campbell Municipal Code Sections 10.24.040 and 10.24.095; and WHEREAS, the California Vehicle Code Section 21101 permits local authorities, by resolution, to temporarily close a portion of any street for celebrations, parades, local special events, or other purposes as necessary for the safety and protection of persons using the street, such as the need to social distance and avoiding conflicts between pedestrians and vehicles; and WHEREAS, the Campbell Municipal Code prohibits and restricts parking under various circumstances pursuant to Chapter 10.24 of the Campbell Municipal Code and provides that Council is to designate, by resolution, the locations where such parking is prohibited and restricted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the City Council authorizes closure of the 100, 200, 300, and 400 blocks of East Campbell Avenue, which are located between Third Street and Second Street, Second Street and First Street, First Street and Central Avenue, and Central Avenue and Railway Avenue to any and all vehicular traffic, with continued vehicular access across East Campbell Avenue at each of the cross streets, in accordance with California Vehicle Code Section 21101(e) and pursuant to Campbell Municipal Code 10.24.050 and California Government Code section 8634 to facilitate outdoor activities by permitted business establishments located on East Campbell Avenue between Ainsley Park and Third Street for at least 30 days unless otherwise modified or discontinued by the City; and BE IT FURTHER RESOLVED by the City Council of the City of Campbell that along East Campbell Avenue, Two-Hour Parking Zones, 8:00 a.m. to 6:00 p.m., and Loading Zones, 7:00 a.m. to 6:00 p.m., are hereby suspended and parking at said locations is hereby temporarily prohibited and designated No Parking Zones with appropriate signage pursuant to Campbell Municipal Code Sections 10.24.040 and 10.24.095 to be furnished; and BE IT FURTHER RESOLVED by the City Council of the City of Campbell as defined pursuant to Campbell Municipal Code Sections 10.24.040 and 10.24.095 that the parking spaces located at the Harrison Avenue parking lot are hereby designated as Twenty-Four Minute Parking Zones for curbside pick-up purposes at the election of the City Traffic Engineer to facilitate temporary expansion of business operations as needed; and BE IT FURTHER RESOLVED by the City Council of the City of Campbell that all of the parking spaces located in the City Parking Structure between 2nd and 3rd Streets are hereby designated as Two-Hour Parking Zones except those parking spaces currently reserved for workers. Spaces on the ground floor in said facility shall be designated as Twenty-Four-Minute Parking Zones, 10:00 a.m. to 7:00 p.m. as curbside pick-up areas, pursuant to Campbell Municipal Code Sections 10.24.040 and 10.24.095 at the election of the Public Works Director/City Traffic Engineer; and Page 3 of 5 BE IT FURTHER RESOLVED by the City Council of the City of Campbell, pursuant to California Government Code section 8634, and the Council's authority under the California Constitution, it is hereby ordered that during the existence of the declared local emergency the temporary expansion of outdoor activities for permitted businesses located along East Campbell Avenue between Ainsley Park and Third Street authorized in the public right-of-way by this Resolution shall be subject to certain reasonable limitations necessary to protect the public, health, safety and welfare, including but not limited to: 1. Compliance: Outdoor areas for permitted businesses comply with social distancing requirements, mandatory directives and health orders issued by the State of California and County of Santa Clara; 2. Location: Outdoor areas for permitted businesses may be located in the public right-of-way on East Campbell Area in designated areas; 3. Hours of Operation: The hours of operation shall not exceed 6:00 a.m. to 11:00 p.m. 4. Heating Devices: Heating devices, such as propane heaters, may be utilized for day or night-time operations. Storage of propane canisters shall be in conformance with required Fire Codes; 5. Tents and Coverings: Tents and coverings such as umbrellas are permitted in designated expanded areas so long as all businesses that occupy the subject property use the same model and color in order to achieve design consistency. Such fabric should be fire retardant and comply with applicable Fire Codes. Umbrellas are permitted within the public right-of-way including the street and sidewalk; 6. Lighting: Lighting will be permitted for night-time operations. Such lighting shall not disrupt surrounding properties or create vehicle circulation issues. Any extension cords used to provide power to the expanded area shall be securely fastened to the ground to avoid tripping hazards or impede in accessibility; 7. Alcohol Service: Operational expansions involving the sale of alcoholic beverages will need an updated ABC license. The applicant is responsible for securing a permit from the State Department of Alcohol Beverage Control and complying with all conditions and restrictions on the permit; 8. Live Entertainment: No live entertainment is allowed exterior to the business unless live entertainment has previously been issued that specifically authorizes the use of the specific outdoor area; 9. Performance Measures: The following measures shall be followed: a. Maintenance —The business expansion area shall be maintained free of debris and clutter and shall not create public nuisance issues as specified in Campbell Municipal Code Chapter 6.10 (Nuisance Abatement and Page 4 of 5 Administrative Penalties). Appropriate waste collection containers shall be provided, and all areas shall be regularly cleaned pursuant to the current County Public Health Officer Order. It is the responsibility of the businesses to implement this requirement on a regular basis; b. Storage — Except for any tents, furniture or display racks, all loose items and products shall be brought inside the business tenant space at close of business to diminish vandalism or clutter; c. Time Period — The outdoor activities for permitted businesses shall take effect as soon as practical and last for a time period of at least 30 days, or longer if deemed appropriate by the City, or once the County Public Health Officer Order has been rescinded, or the City of Campbell terminates this order, following which time all outdoor areas shall be returned back to its pre-existing purpose; and d. Accessibility — All accessibility requirements shall be maintained consistent with Federal, State and local laws; 10. Permits: Prior to conducting any business in the public street, the business or organization sponsoring the business activity shall secure a permit from the City pursuant to either Campbell Municipal Code Chapter 5.50 and/or 11.04. BE IT FURTHER RESOLVED that any fees normally associated with any permits required to implement expanded outdoor areas for permitted businesses contemplated by this Resolution are hereby waived during the declared local state of emergency; BE IT ALSO FURTHER RESOLVED that the City Manager is authorized to enact and enforce any guidelines or regulations that are substantially consistent with this Resolution as are necessary to implement the intent of this Resolution and protect the public, health, safety and welfare in the process. PASSED AND ADOPTED this 21st day of July 2020, by the following roll call vote: AYES: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED Gccm Susan M. Lan , ayor ATTEST: fMh c4fflaka to Andrea Sa ers, Deputy City Clerk Page 5 of 5