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Council Agenda: 11-05-2024
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______
A RESOLUTION OF THE CO UNCIL OF THE CITY OF
SAN JOSE DECLARING ITS INTENTION TO ESTABLISH
A PEDESTRIAN MALL ON PO ST STREET BETWEEN
SOUTH FIRST STREET AND LIGHTSTON ALLEY
PURSUANT TO THE PEDESTRIAN MALL LAW OF 1960
WHEREAS, between June 2020 and September 2020, the San José City Manager issued five emergency declarations in response to the COVID-19 pandemic to allow the expansion of business operations outdoors while maintaining compliance with the County of Santa Clara’s Order and Social Distancing Protocol; and
WHEREAS, in July 2020, the City of San José (“City”) temporarily closed Post Street between South First Street and Lightson Alley (“Post Street”) as part of the San José Al Fresco initiative to facilitate outdoor operations during the COVID-19 pandemic; and
WHEREAS, following the end of the COVID-19 state of emergency, businesses on Post Street, community members, and this City Council have called for the one-block portion of Post Street to be permanently converted to a pedestrian mall to enhance this key public space in the heart of downtown San José; and
WHEREAS, in January 2022, Post Street reopened to vehicular traffic, but in the summer of 2022 the City implemented the Post Street Traffic Closure Pilot (“Pilot”) to temporarily close Post Street to vehicu lar traffic from Thursday through Sunday; the Pilot was subsequently extended through December 2024; and
WHEREAS, the Pedestrian Mall Law of 1960 (Streets and Highways Code Section 11000 et seq.) authorizes muni cipalities to close str eets to vehicular tra ffic and to establish pedestrian malls; and
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Council Agenda: 11-05-2024
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, through this resolution, the City dec lares its intention to establish a pedestrian mall on the one-block portion of Post Street; and
WHEREAS, Post Street is a 50-foot-wide, public right-of-way (building face to building face), and the establishment of a pedestrian mall on Post St reet will centralize a 20-foot pedestrian right-of-way down the middle of the street; and
WHEREAS, the City wishes to prohibit vehicular traffic on the proposed pedestrian mall except for emergency and utility maintenance vehicles, which shall be allowed access at all times. In addition, private maintenance vehicles and other vehicles for large equipment drop-offs may be allowed by appointment or in conjunction with a special event permit; and
WHEREAS, upon establishment of the pedestrian mall, service and delivery vehicles will be able to access the pedestrian mall between the hours of 5 a.m. and 10 a.m. daily; and
WHEREAS, there are no new permanent infrastructure installations or street improvements proposed, but ov erhead festoon/decorative lighti ng, a street mural, and additional temporary planter boxes may also be installed down the street in the future to enhance the pedestrian experience; and once funding is secured, retractable or removable bollards will be installed to increase pedestrian safety, all of which will be financed by the City; and
WHEREAS, the City does not intend to form an assessment district at this time to pay for the proposed improvements, but may consider the formation of such an assessment district in the future to pay for additional improvements that may be contemplated at a later date; and
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Council Agenda: 11-05-2024
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the City will hold a duly noticed public hearing on Tuesday, February 25, 2025, at 1:30 p.m., or as soon thereafter as the matter can be heard, to hear protests and objections to the establishment of the proposed pedestrian mall and to review any claims of damages from those having any legal or equitable interest in any real property which might suffer legal damage by reason of establishment of the proposed pedestrian malls; and
WHEREAS, the proposed conversion of Post Str eet to a pedestrian mall, including any temporary improvements and the installation of bollards, is exempt from the California Environmental Quality Act under Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the state CEQA Gu idelines, and no further environmental review is warranted under Title 21 of the San José Municipal Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The foregoing recitals are hereby incorporated by reference.
2. Pursuant to the Pedestrian Mall Law of 1960 (California Streets and Highways Code Section 11000 et seq.), the City Council declares its intention to establish a pedestrian mall on Post Street between South First Street and Lightston Alley.
3. The City Council determines that the public interest and convenience require the establishment of pedestrian malls and t hat vehicular traffic will not be unduly inconvenienced.
4. The City intends to adopt an ordinance prohibiting vehicular traffic on the proposed pedestrian mall, with the exception of emergency and utility maintenance vehicles, NVF:DHZ:JMD
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Council Agenda: 11-05-2024
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
which shall be allowed access at all ti mes. In addition, private maintenance vehicles and other vehicles for large equipment drop-offs may be allowed by appointment or in conjunction with a special event permit.
5. Temporary improvements and traffic control devices (e.g., bollards) will be installed to increase pedestrian safety, all of which will be financed either by general funds, other available moneys, or the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall.
6. The City’s General Fund, or other available funding sources, will be the source of moneys used to pay damages, if any, allowe d or awarded to any property owner by reason of the establishment of the pedestrian mall.
7. The City will hold a duly noticed public hearing on February 25, 2025, at 1:30 p.m., or as soon thereafter as the matter can be heard, in the Council Chambers, located at 200 East Santa Clara Street, San José , CA, 95113, the details of which will be published on the February 25, 2025 agenda posted on Friday, February 14, 2025, at https://sanjose.legistar.c om, where the City Council will hear protests and objections to the establishment of t he pedestrian mall. Any persons having objections to the establishment of the proposed pedestrian mall may file a written protest with the Office of the City Clerk , 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113, or [email protected], at any time not later than 1:30 p.m., or as soon thereafter as the matter can be heard on February 25, 2025.
8. Notice is hereby give n that any person owning or having any legal or equitable interest in any real property which mi ght suffer legal damage by reason of the establishment of the propos ed pedestrian malls may f ile a written claim for damages with the Office of the City Clerk, 200 E. Santa Clara St., Tower 14th Floor, San José, CA 95113, or [email protected], at any time not later than NVF:DHZ:JMD
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Council Agenda: 11-05-2024
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
1:30 p.m., or as soon thereafter as the matter can be heard, on February 25, 2025.
Such written claim must describe the real property as to which the claim is made, must state the exact nature of the claimant’s interest therein, must state the nature of the claimed damage thereto, and must state the amount of the damages claimed. Failure to file such a writt en claim within the time provided shall be deemed a waiver of any claim for damages or compensation and shall operate as a bar to any subsequent action seeking to prevent establishment of the proposed pedestrian mall or to recover damages on account of such establishment.
Furthermore, the filing of such a claim s hall operate as a bar in any subsequent action to the recovery of any damages or compensation in excess of the amount stated in such claim.
ADOPTED this ____ day of _________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Ma
yor
ATTEST:
TONI J. TABER, MMC
Cit
y Clerk