RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE CITY’S SCHEDULE OF FEES AND CHARGES FOR MUNICIPAL SERVICES PERTAINING TO THE PUBLIC WORKS DEPARTMENT’S LEASE RATES FOR STANDARD OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY AND LEASE FEES FOR PANDEMIC-RELATED TEMPORARY OUTDOOR DINING PROGRAM WHEREAS, California State law authorizes the City of Fullerton to collect fees and charges for services, provided such fees and charges do not exceed the reasonable cost of providing such service.
WHEREAS, it is necessary from time to time to amend the City’s Schedule of Fees and revise the amounts charged to assist in the cost recovery of performing such services as cost of services can increase annually, and for other economical or defensible reasons.
WHEREAS, the City will replace the 2012 Outdoor Dining Guidelines containing the current lease rates for use of public right-of-way with the new Standard Outdoor Dining Guidelines, which refer to the Fee Schedule for lease rates.
WHEREAS, City Council needs to adopt updated lease rates in the Schedule of Fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
City Council adopts all lease rates in Attachment 1 of this Resolution pertaining to Public Works Engineering Fees and the City’s Schedule of Fees and amends to add the new rates and fees.
All prospective lease rates in Attachment 1 of this Resolution shall become effective immediately upon adoption.
The City Clerk shall certify the adoption of this Resolution ADOPTED BY THE FULLERTON CITY COUNCIL ON ____________, 2022. ___________________________________
Fred Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Attachments:
Attachment 1 – Public Works Department Lease Rates
Attachment 1
Public Works Department Lease Rates for
Standard Outdoor Dining in the Public Right-of-Way and
Lease Rates for Pandemic-Related Temporary Outdoor Dining Program In the Public Right-of-Way
1. Pursuant to the Fullerton Municipal Code, the lease rates for utilizing public right-of-way for Standard Outdoor Dining Program purposes shall be as follows:
No liquor: $0.58/sf (or $6.96/sf annually)
Beer and Wine only: $1.14/sf (or $13.68/sf annually)
Full Liquor: $1.71/sf (or $20.52/sf annually)
Monthly/annual lease rates are to be waived for restaurants with outdoor dining on public property of less than 100 s.f. and without alcohol service. However, an encroachment agreement, subject to the applicable application fee is a requirement in order to secure indemnification and other liability safeguards for the City.
Any use of property that is within a public right of way program that generates revenue (such as paid parking lots) will be subject to additional fees/rates as required by the City to offset the loss of such revenue.
2. Pursuant to the Fullerton Municipal Code, the lease rates for utilizing public right-of-way for Pandemic-Related Temporary Outdoor Dining Program purposes shall be as follows:
No liquor: $0.30/sf (or $3.60/sf annually);
Beer and Wine only: $0.60/sf (or $7.20/sf annually);
Full Liquor: $0.90/sf (or $10.80/sf annually).
Monthly/annual lease rates are to be waived for restaurants with outdoor dining on public property of less than 100 s.f. and without alcohol service. However, an encroachment agreement, subject to the applicable application fee is a requirement in order to secure indemnification and other liability safeguards for the City.
Resolution No. 2022-XXX