RESOLUTION NO.
RESOLUTION TO RESCIND RESOLUTION 2020-59 AND ADOPT A RESOLUTION TO TRANSITION CITY SUPPORT OF OUTDOOR DINING.
WHEREAS, to further aid in community efforts to slow the spread of the COVID-19 virus, the City Council adopted Resolution 2020-31 on May 26, 2020, Temporarily Authorizing Limited Closures of Public Streets, the Use of Various Types of Public Right-of-Way and a Reduction in the Parking Requirements to Support Commercial Activities During the Covid-19 Pandemic, Citywide; and
WHEREAS, September 2020, as the business impacts of COVID-19 became clearer, the City Council adopted Resolution 2020-59, which replaced Resolution 2020-31 and included waived fees for certain park uses, right of way uses, authorized the City Manager to approve temporary street closures and a variety of outdoor uses, permitted purchase and construction of outdoor tents for Cotati restaurants and bars, and “tolled” or stopped the clock on building permit or entitlement expirations; uses to provide alternatives to restricted indoor uses; and WHEREAS, tolling of building permits and entitlements and most outdoor use fee waivers is no longer beneficial, as construction has resumed after the initial slowdown at the start of the pandemic; and
WHEREAS, most of the tents erected by the City continue to remain in place today, but after nearly two years, should transition to a permanent solutions if desired by the business; and WHEREAS, when the tents were originally placed, the businesses were informed that the City would provide them 6-month notice of removal; and
WHEREAS, the City Council desires to initiate the removal of the tents by starting the 6 month clock on September 1, 2022 and simultaneously informing the businesses that the City will work with them if they wish to transition to a permanent outdoor space; and WHEREAS, if the business choses to transition to an outdoor space, City staff will develop outdoor space design guidelines and will review options for fee reductions to encourage the transition within a fixed timeframe; and
WHEREAS, given the time required to develop outdoor space design guidelines, the City Manager may extend the 6-month tent removal date if necessary to facilitate a smooth transition to an outdoor space; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures where certain conditions exist and it has been determined it may be necessary to temporarily close certain streets, as described in the attached staff report, to facilitate the City of Cotati COVID-19 small business assistance efforts and improve pedestrian and bicycle safety; and WHEREAS, the closure for the existing tents is necessary for the safety and protection of persons who are to use that portion or portions of the street(s) and right-of-way during the temporary closing; and
WHEREAS, the City Council also finds that continuing to make the existing City provided tents temporarily available to the businesses facilitates the City of Cotati COVID-19 small business assistance efforts and is necessary and beneficial to the public and overall community; and
WHEREAS, the City Council finds that these temporary efforts are part of a comprehensive and on-going economic development strategy to support business success while also implementing requirements of the Sonoma County Public Health Officer, to promote and support the Cotati community and citizens, with a stated goal of maintaining sales tax revenues to support ongoing City services during the COVID-19 pandemic; and WHEREAS, it will be necessary to conform to certain conditions as deemed necessary by City staff and the Public Health Officer to facilitate these efforts; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of these efforts.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Cotati hereby:
1. Finds that, the above recitals are declared to be true and correct and incorporated herein as findings of the City Council.
2. Finds that this resolution supersedes and replaces Resolution 2020-59.
3. Finds that as of September 1, 2022:
a. Any new (unpermitted as of September 1) temporary use of streets, public lands and private parking areas will revert to the normal review, approval and fee procedures.
b. Time on all tolled permits, plan checks and entitlements will resume.
4. Finds that removals of the existing City-provided tents shall follow a 2-Track process, as follows:
a. Businesses with existing City-provided tents will be notified that the tents will be removed when requested by the business, but no later than 6 months after September 1, 2022, and will be informed of the option to transition to a permanent outdoor space.
b. If any businesses chose to transition to a permanent outdoor space, City staff will develop outdoor space design guidelines and review options for fee reductions to encourage the transition, within a fixed timeframe, for City Council review and approval.
5. Finds given the time required to develop outdoor space design guidelines, the City Manager may extend the 6-month tent removal deadline on a case-by-case basis for an individual business to facilitate a smooth transition to a permanent outdoor space. Any time extensions must be reasonable and only if the business continues to make timely progress through review, permitting and construction of the permanent outdoor space.
6. Severability
Finds that each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 23rd, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney