CITY OF MOUNTAIN VIEW
RESOLUTION NO. 18796
SERIES 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
AMENDING THE CITY OF MOUNTAIN VIEW MASTER FEE SCHEDULE BY REPEALING AND
REPLACING SIDEWALK CAFE AND MERCHANT VENDOR FEES WITH
OUTDOOR PATIO APPLICATION AND RENTAL FEES
WHEREAS, staff has reviewed and analyzed the cost of providing various City services and allocated overhead costs throughout the City departments; and WHEREAS, the City seeks to achieve and maintain financial stability through reasonable cost recovery where appropriate to allow the City to continue to provide cost- effective services; and WHEREAS, the City allows for sidewalk cafes to be located in the downtown area pursuant to the Sidewalk Cafe Program, as set forth in Mountain View City Code Article XV of Chapter 36; and
WHEREAS, on June 9, 2020, the City Council adopted Mountain View Resolution No. 18470 subsequently amended) in response to the COVID- 19 pandemic to temporarily close a portion of Castro Street to vehicular traffic (" Castro Street Closure") to facilitate a temporary outdoor dining program (" Castro StrEATs"); and
WHEREAS, on April 13, 2021, the City Council adopted Resolution No. 18546 to temporarily suspend Sidewalk Cafe Program license renewal requirements, as outlined in Mountain View City Code Sections 36. 42, et seq., subject to compliance with the Castro StrEATs outdoor dining program requirements, and waived Sidewalk Cafe License renewal fee payments, payable May 1, 2020 through April 30, 2022, to facilitate a consistent outdoor dining program in the downtown area; and
WHEREAS, the City Council has amended Resolution No. 18546 three times since its adoption to clarify and extend suspension of the Sidewalk Cafe Program requirements through January 3, 2024 and waive the Sidewalk Cafe license renewal fees payable through April 30, 2024; and
WHEREAS, on October 25, 2022, the City Council adopted Ordinance No. 14.22 to establish Pedestrian Malls on Castro Street between the east leg of West Evelyn Avenue and Villa Street, Villa Street and West Dana Street, and West Dana Street and California Street ( collectively Pedestrian Malls"), which took effect on November 24, 2022 and resulted in the permanent closure of these street segments to vehicular traffic, pursuant to the California Streets and Highways Code Sections 11000, et seq., the Pedestrian Mall Law of 1960; and 1-
Resolution No. 18796
WHEREAS, on May 9, 2023, City Council will consider various actions to repeal the Sidewalk Cafe and Merchant Vendor provisions of the City Code and establish a new Outdoor Patio Program in the downtown area; and
WHEREAS, the City desires to replace sidewalk cafe and merchant vendor fees associated with the use of parking and sidewalk spaces with new patio rental rates and application fees to require rental rates of the public right- of- way on a square footage basis, consistent with the methodology used for other City real property license agreements; and WHEREAS, the new outdoor patio annual rental fees shall be increased annually by 5% as part of the budget process; now, therefore, be it
RESOLVED: that the City Council of the City of Mountain View hereby adopts the following fees as set forth in the schedules attached hereto and incorporated herein, which shall be effective November 1, 2023:
Exhibit A: Fee Schedule for Community Development Department as revised May 9, 2023, or such other date as detailed in the exhibit; and
Exhibit B: Fee Schedule for Public Works Department as revised May 9, 2023, or such other date as detailed in the exhibit; and
Exhibit C: Fee Schedule for Finance and Administrative Services Department as revised May 9, 2023, or such other date as detailed in the exhibit; and be it FURTHER RESOLVED: that the outdoor patio license annual rent fee adopted by this Resolution shall apply to all licenses, including any licenses issued prior to July 1, 2024 with an initial license term exceeding one year.
2-
Resolution No. 18796
The foregoing resolution was regularly introduced and adopted at a Regular Meeting of the City Council of the City of Mountain View, duly held on the 9th day of May 2023, by the following vote:
AYES: Councilmembers Abe- Koga, Kamei, Matichak, Ramirez, Ramos, Vice Mayor Showalter, and Mayor Hicks
NOES:
ABSENT:
ATTEST:
None
None
APPROVED:
All . 1141.)
HEATH R GLASER / ALISON HICKS
CITYCyERK
MAYOR
Pursuant to Mountain View Charter § 709( b), I do hereby certify that the foregoing is an original or a correct copy of the Resolution passed and adopted by the City Council of the City of Mountain View at a Regular Meeting held on the 9th day o May 2023, by the foregoing vote.
City CI: k
City of ountain View
NCW/ JL/ 6/ RESO
012- 05- 09- 23r
Exhibits: A. Fee Schedule for Community Development Department B. Fee Schedule for Public Works Department
C. Fee Schedule for Finance and Administrative Services Department 3-
FEE SCHEDULE — COMMUNITY DEVELOPMENT DEPARTMENT
Resolution No. 18796
Exhibit A
State
Code §
if any)
MVCC
CP/
Other Title of Fee
Current
Fee
Proposed
Fee Fee Basis
Effective
Date
36. 42. 20 Sidewalk Cafe New License 865. 00 Eliminate Initial November
1, 2023
36. 42. 20 License Renewal- Annual22 230. 00 Eliminate Annual November
1, 2023
36. 42. 20 Rent -Annual ( downtown parking
space)
1, 349. 00 Eliminate Fixcd annual
November
1, 2023
36. 42. 20 Rent -Annual ( downtown public
sidewalk)
6. 75 Eliminate
Square foot November
1, 2023annual
22Annual cafe license renewal fee will apply if the renewal is submitted prior to termination of the existing annual license. If not, the fee will be in the amount of the new license fee. In addition, failure to maintain a Sidewalk Cafe License is a violation of the MVCC and subject to administrative penalties.
NCW/ J L/ 1/ ATY
012- 05- 09- 23Exh A FI- 001 ( 02- 28- 18)
FEE SCHEDULE — PUBLIC WORKS DEPARTMENT
Resolution No. 18796
Exhibit B
State
Code §
if any)
MVCC
CP/
Other Title of Fee
Current
Fee
Proposed
Fee Fee Basis
Effective
Date
27. 17
Outdoor Patio License Annual Rent
Feel 2
N/ A 10. 00
Per square foot
of licensed area
November
1, 2023
27. 17
Outdoor Patio New License
Application Fee
N/ A 608. 00
Per New Patio
License
November
1, 2023
1 Annual Rent fees shall be a flat fee and shall not be prorated for licenseswith terms lessthan or in excessof one year. 2 Annual Rent fees shall be increased annually by 5% as part of the budget process.
NCW/ J L/ 6/ ATY
012- 05- 09- 23Exh B FI- 001 ( 02- 28- 18)
FEE SCHEDULE — FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT Resolution No. 18796
Exhibit C
State
Code §
if any)
MVCC
CP/
Other Title of Fee
Current
Fee
Proposed
Fee Fee Basis
Effective
Date
15. 31. b. 4 Merchant Vendor ( downtown) 900. 00 Eliminate Annual ( rolling} November
1, 2023
N C W/ J L/ 1/ ATY
012- 05- 09- 23Exh C FI- 001 ( 02- 28- 18)