CC 2020-07-28_08i Modifications to Temporary Short Street ClosureMEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY MCDONALD, ACTING DEPUTY CITY MANAGER/
COMMUNITY DEVELOPMENT DIRECTOR
BILL ROBESON, ACTING CITY MANAGER/PUBLIC WORKS
DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING
MODIFICATIONS TO THE TEMPORARY CLOSURE OF SHORT STREET
SOUTH OF EAST BRANCH STREET AND NORTH OF OLOHAN ALLEY
TO ACCOMMODATE ITS USE AS AN OUTDOOR EATING AREA
DURING THE COVID-19 REOPENING PROCESS
DATE: JULY 28, 2020
SUMMARY OF ACTION:
Authorization of modifications to the previously authorized closure of Short Street south
of East Branch Street and north of Olohan Alley for the purpose of allowing its use by
adjacent restaurants for their dining patrons, in addition to its continued use as a common
outdoor dining area during the COVID-19 reopening process.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Staff time is necessary to evaluate the request for use of Short Street by restaurants to
serve their patrons, including review of encroachment permit and minor use permit-
temporary use permit applications. Application fees have been waived pursuant to City
Council Resolution No. 5006. Statewide Transportation donated the necessary water
walls used to close the street and staff time was necessary to obtain and install the water
walls and safety signage.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution authorizing modifications to the
temporary closure of Short Street south of East Branch Street and north of Olohan Alley
to accommodate its use as an outdoor eating area during the COVID-19 reopening
process.
BACKGROUND:
Restaurants in the Village of Arroyo Grande (Village) have suffered significant decreases
in business during the COVID-19 pandemic and the shelter-at-home orders issued by the
State and the County of San Luis Obispo (County) in response to the pandemic. As the
State and County began to allow restaurant operations to reopen, the City Council
approved the closure of Short Street in the Village in order to provide an opportunity for
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING
MODIFICATIONS THE TEMPORARY CLOSURE OF SHORT STREET SOUTH OF
EAST BRANCH STREET AND NORTH OF OLOHAN ALLEY TO ACCOMMODATE ITS
USE AS AN OUTDOOR EATING AREA DURING THE COVID-19 REOPENING
PROCESS
JULY 28, 2020
PAGE 2
patrons of nearby restaurants to enjoy their take-out meals at communal tables placed in
in the closed street. The tables were supplied by nearby restaurants and are cleaned by
those restaurants on a regular basis, as provided for in an encroachment permit/minor
use permit-temporary use permit (Permit) application submitted on behalf of a number of
Village restaurants.
Closure of Short Street was approved by Council at its June 23, 2020 meeting via
Resolution No. 5006. The street was officially closed on June 26, 2020, and has remained
closed since that time. Tables from a number of restaurants in the Village were placed in
the closed street and have been cleaned and maintained by the Permit applicants.
On Monday, July 13, 2020, the State Public Health Officer ordered all restaurants in the
state to close their indoor dining operations, allowing restaurants to remain open if they
are able to serve customers outside. Following this new order, the City received an
application from Rooster Creek Tavern to utilize a portion of Short Street solely for its own
customers rather than as a communal dining area. This modification will help Rooster
Creek to remain open to customers while also ensuring compliance with the new State
order.
ANALYSIS OF ISSUES:
It is proposed that the authorization for temporary closure of Short Street be modified to
allow its use by individual restaurants to serve their own customers. An application for
this use has been received from Rooster Creek Tavern and City staff are working with
Gina’s Restaurant to determine whether a similar application will be forthcoming for their
use of a portion of Short Street.
City staff generally support the requested modification to the Short Street closure. While
the communal dining area has been used by the public and patrons of nearby businesses,
it does not appear that usage has reached capacity, indicating that the space may be
underutilized as a common dining area. Allowing Rooster Creek Tavern and Gina’s
Restaurant to use a portion of Short Street as their own outdoor dining area will ensure
maximum use of the space and will support the ability of these businesses to remain open
following new restrictions imposed by the State during the COVID-19 pandemic.
However, in light of the intent of the original closure to facilitate use of the street as a
common outdoor dining area for all restaurants in the area, it is recommended that a
portion of the Short Street space be reserved for communal dining use. Toward this end,
Rooster Creek Tavern has agreed to maintain four tables within Short Street for use by
the general public. These tables will be marked and signage will be displayed clearly
showing that these tables are available for use by anyone and not just Rooster Creek
Tavern or Gina’s Restaurant patrons. These conditions are included in the proposed
Resolution modifying the Short Street closure authorization and will be included in the
Item 8.i. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING
MODIFICATIONS THE TEMPORARY CLOSURE OF SHORT STREET SOUTH OF
EAST BRANCH STREET AND NORTH OF OLOHAN ALLEY TO ACCOMMODATE ITS
USE AS AN OUTDOOR EATING AREA DURING THE COVID-19 REOPENING
PROCESS
JULY 28, 2020
PAGE 3
encroachment permit/temporary use permits issued to Rooster Creek Tavern and Gina’s
Restaurant.
As originally proposed, Short Street will remain closed between East Branch Street and
Olohan Alley until the COVID-19 limitations on restaurant operations are lifted by the
State and County or until the Acting City Manager/Public Works Director and Acting
Deputy City Manager/Community Development Director determine that closure is no
longer appropriate for public health and safety reasons or due to lack of use or misuse.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation;
3. Modify as appropriate and approve staff’s recommendation; or
4. Provide direction to staff.
ADVANTAGES:
Approval of the modifications to the temporary closure will continue to support recovery
efforts of restaurants in the Village while maintaining some tables as a common dining
area for the general public.
DISADVANTAGES:
The proposed modifications to the approved closure of Short Street will limit the common
dining areas available to the general public. Continued closure of Short Street will
inconvenience vehicles looking to access Olohan Alley from Branch Street and vice
versa.
ENVIRONMENTAL REVIEW:
This action is not subject to the California Environmental Quality Act (CEQA) because it
can be seen with certainty that there is no possibility that it will have a significant impact
on the environment, as stated in State CEQA Guidelines Section 15061(b)(3).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments have
been received.
Item 8.i. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING MODIFICATIONS TO THE TEMPORARY
CLOSURE OF SHORT STREET SOUTH OF EAST BRANCH STREET
AND NORTH OF OLOHAN ALLEY TO ACCOMMODATE ITS USE AS AN
OUTDOOR EATING AREA DURING THE COVID-19 REOPENING
PROCESS
WHEREAS, California Vehicle Code Section 21101 (e) authorizes municipalities to close
any street temporarily for celebrations or other local special events or other purposes
when in the opinion of the local authorities having jurisdiction such closing is necessary
for the safety and protection of persons who are to use that portion of the street during
the temporary closing and such closing must be adopted and provided for by resolution;
and
WHEREAS, restaurants in the Village of Arroyo Grande have suffered during the shelter-
at-home orders issued by the State and County of San Luis Obispo in response to the
COVID-19 pandemic and are adapting to new restrictions and requirements, in part, by
serving more patrons outdoors to the extent possible; and
WHEREAS, to help support local restaurants provide an opportunity for their patrons to
obtain and eat meals outdoors while remaining in the Village, the City Council previously
approved closure of Short Street for use as a common dining area via Resolution No.
5006, adopted on June 23, 2020; and
WHEREAS, effective July 13, 2020, the State Public Health Officer ordered all
restaurants to close their indoor dining operations throughout the state and, in response,
the City has received at least one application from a restaurant adjacent to Short Street
to use a portion of the closed Short Street area as outdoor dining space for its patrons;
and
WHEREAS, the City Council desires to modify its approval of the closure of Short Street
to allow individual restaurants to use a portion of the closed area for their own customers,
under the conditions identified herein.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande
as follows:
1. The temporary closure of Short Street south of East Branch Street and north of
Olohan Alley previously approved by the City Council on June 23, 2020, via
Resolution No. 5006, shall be modified to allow use of the closed area by
individual restaurants as outdoor dining space so long as the individual
restaurants maintain at least four tables total within the closure area for use by
the general public as common dining space.
Item 8.i. - Page 4
RESOLUTION NO.
PAGE 2
2. Short Street shall remain temporarily closed until the COVID-19 limitations on
restaurant operations are lifted by the State and County of San Luis Obispo or
until the Acting City Manager/Public Works Director and Acting Deputy City
Manager/Community Development Director determine that closure is no longer
appropriate for public health and safety reasons or due to lack of use or misuse.
3. The City Clerk shall certify to the adoption of this Resolution and shall cause a
certified copy to be filed in the Office of the City Clerk.
On motion of Council Member , seconded by Council Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 28th day of July, 2020.
Item 8.i. - Page 5
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
____________________________________
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.i. - Page 6