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CC Resolution 12634 RESOLUTION NO. 12634 A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ESTABLSIHMENT OF PARKLETS WITHIN DOWNTOWN CAMPBELL NECESSARY TO ALLOW EXPANDED OUTDOOR DINING FOR SIX MONTHS AFFECTING DOWNTOWN BUSINESSES DURING THE COVID-19 EMERGENCY WHEREAS, the 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; and 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 proceed quicker through Stage Two of the State's Resilience Roadmap and continue outdoor dining; and Page 1 of 3 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; and WHEREAS, on July 21, the Campbell City Council authorized temporary closure of East Campbell Avenue between Third Street and the Railroad Tracks for at least 30 days to allow all existing permitted businesses fronting the street an opportunity to utilize the street to conduct outdoor operations during the COVID-19 pandemic consistent with the County of Santa Clara Public Health Order and the State's Industry Guidelines in a safe and responsible manner; and WHEREAS, the street closed July 28 and businesses with approved Encroachment Permits were allowed to utilize the newly created space on July 31, after Fire District review of barricade placement; and WHEREAS, surveys distributed to downtown businesses revealed that the restaurants benefitted from the closure with increased revenue while retail businesses saw a decrease in revenue and did not benefit from the closure; and WHEREAS, the City Council reviewed the status of the street closure at its August 18 meeting and voted to continue the closure as authorized through August 31 to encourage more businesses to operate in the street with adjustments to increase foot traffic; and WHEREAS, the City Council has acquired an understanding of how the street closure has affected business operations and believes an alternative plan remains needed to assist business recovery efforts; and WHEREAS, the East Campbell Avenue street closure be modified to allow placement of parklets to allow restaurant businesses to expand operations outdoors beyond the width of their storefronts to facilitate outdoor dining while both traffic lanes are re-opened to vehicle traffic and on-street parking stalls not converted to parklets shall provide public parking for business customers in an effort to re-establish vitality in Downtown Campbell; and WHEREAS, the placement of parklets should be accomplished in approximately the same location as depicted in the staff report illustrations or as required by the Public Works Director; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the East Campbell Avenue street closure be modified to allow placement of barriers to establish parklets in on-street parking which will involve the following: Page 2 of 3 1. Open East Campbell Avenue on Tuesday, September 8, 2020 as a transitional period and then close on Friday, September 11 through Sunday September 13, 2020. 2. Leave East Campbell Avenue open during the week and then close again on Friday through Sunday of every week thereafter until such time as staff can either rent or purchase barriers necessary to create parklets per the staff report illustrations. 3. Once the parklets are established, they shall remain in place until such time as the City Council determines the layout needs to be altered or discontinued. The establishment of the parklets will achieve the following: 1. Allow expansion of outdoor dining operations beyond the width of restaurant storefronts consistent with State and County Health Orders and City Flexible Business Operational Guidelines; and 2. Open traffic lanes on East Campbell Avenue in the Downtown Area to vehicle traffic; and 3. Provide on-street parking stalls not converted to parklets as public parking for business customers. PASSED AND ADOPTED this 1st day of September 2020, by the following roll call vote: AYES: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED Susan M. Landry, a or ATTEST: h4a 44 Andrea Sl•ers, Deputy City Clerk Page 3 of 3