RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ESTABLISHING THE “PUBLIC PARKLET SPACE RENTAL FEE” AND ADDING IT TO THE CITY’S
FEE SCHEDULE
WHEREAS, the City Council of the City of Cotati (“City”) adopted a comprehensive update of the City’s schedule (“Fee Schedule”) of voluntary services, facility rentals and regulatory activities by Resolution No. 2021-37 on July 27, 2021, and updated the Fee Schedule by Resolution No. 2022-60 on September 27, 2022; and
WHEREAS, the City subsequently determined that a use/rental fee for public parklets (outdoor dining installments on public parking spaces) should be collected for the rental of public property, and that such fee should be paid at the time of initial execution of a License Agreement for a public parklet and annually thereafter on the anniversary of such initial execution; and
WHEREAS, the proposed annual rental fee for public parklets (“public parklet space rental fee”) adopted by this Resolution is a not a “tax” as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution because the fee is a charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property; and
WHEREAS, it is the intention of the City Council to establish the public parklet space rental fee in the amount of $1 per square foot per year of public space occupied by a parklet to encourage greater public use of the public right of way for economic development purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cotati as follows:
Section 1. Findings. The following findings are true and correct and adopted as the findings of the City Council:
A. The purpose of the public parklet space rental fee is for the rental of public property for use as a parklet.
B. Adoption of the public parklet space rental fee by this Resolution is not a “project” within the meaning of the California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations ("CEQA Guidelines") section 15378(b)(4) (the creation of government funding mechanisms or other government fiscal activities which do not involve any specific commitment to any specific project which may result in a potentially significant impact on the environment); and/or CEQA Guidelines section 15273 (statutory exemption for rates, tolls, fares and charges within an existing service area); and/or CEQA Guidelines section 15061(b)(3) (“common sense” general exemption where there is no possibility the activity in question may have a significant effect on the environment).
C. After consideration of the testimony received orally or in writing, the agenda report and the background documents to the agenda report and all correspondence received (together, “Record”), the City Council of the City of Cotati finds that the Record establishes that the parklet fee of $1 per square foot per year of public parking space occupied by a parklet is a reasonable space rental fee to encourage greater public use of the public right of way for economic development purposes.
Section 2. Fee Adoption. The public parklet space rental fee of $1 per square foot per year of public parking space occupied by a parklet is hereby set for use of public right of way. The fee shall be paid at the time of initial execution by the City of a License Agreement for a public parklet and annually thereafter on the anniversary of such execution.
Section 3. Use of Fee Revenue. The revenues raised by payment of the public parklet space rental fee shall be used for general revenue purposes.
Section 4. Subsequent Analysis and Revision of the Fees. The public parklet space rental fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above and may be adjusted as needed via Resolution of the City Council..
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption.
Section 6. Repealed. The public parklet space rental fee shall supersede any fees previously established and adopted by the City Council that may relate to public parklets. All previously adopted and conflicting fees and charges and all resolutions and other actions of the City Council are hereby repealed to the extent they conflict with the contents of this Resolution.
Section 7. Severability. The individual fees and charges set forth in the Fee Schedule, and the public parklet space rental fee established by this Resolution are severable. Should the public parklet space rental fee be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges, and other portions of the Fee Schedule shall be and continue in full force and effect.
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 April 11th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney