RESOLUTION R2022 ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING FEES FOR OUTDOOR DINING ON CITY PROPERTY AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA WHEREAS, Napa Municipal Code Section 12.64.100(C) authorizes the City Council to establish by resolution the amount of permit fees for outdoor dining on City property; and WHEREAS, the City wishes to establish an annual fee (“Outdoor Dining Fee”) for use of City-owned parking spaces, plazas and parks for outdoor dining purposes by eating or drinking establishments; and WHEREAS, the Outdoor Dining Fee does not exceed the estimated reasonable costs incurred by the City in providing the services for which the fees are imposed; and WHEREAS, a duly noticed public hearing was held by the City Council to provide an opportunity for comments from the public on the matter of the Outdoor Dining Fee; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council hereby determines that the actions authorized by this resolution are exempt from CEQA pursuant to CEQA Guidelines Section 15301, which exempts the operation of existing public or private structures or facilities with negligible or no expansion of existing use; Section 15303, which exempts the installation of small new facilities, equipment and structures and Section 15311, which exempts the placement of seasonal or temporary use items in generally the same location from time to time on publicly owned property.
The City Council hereby finds by a preponderance of evidence that the Outdoor Dining Fee will generate revenue in an amount that is no more than necessary to cover the reasonable costs incurred by the City in allowing the use of City property for outdoor dining purposes, and that the amount of the fee is equitably allocated to each fee payor so that there is a fair and reasonable relationship between the amount of the fee and the payor’s benefits received from, or burdens imposed on, the City.
The City Council hereby finds that the Outdoor Dining Fee is not a “tax,” as defined by California Constitution Article XIII C, Section 1 (e), since 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.
The City Council hereby finds that the Outdoor Dining Fee amount identified on Exhibit “A,” attached hereto and incorporated herein by reference, represents the estimated reasonable costs incurred by the City in allowing the use of City property for outdoor dining purposes by outdoor dining permittees.
The City Council hereby approves the Outdoor Dining Fee identified on Exhibit “A.” The effective date of the Outdoor Dining Fee is as set forth in Section 8, below. The Outdoor Dining Fee shall be paid annually by outdoor dining permittees.
The City Council hereby authorizes the City Manager and the Finance Director to implement the Outdoor Dining Fee by: (a) administratively organizing and publishing the Outdoor Dining Fee in a Master Fee Schedule, and (b) applying the “Legend for Implementing the Master Fee Schedule,” as set forth on Exhibit “A,” to the Outdoor Dining Fee.
This Resolution shall take effect immediately upon its adoption, as a documentation of the final action taken by Council.
The “Proposed FY22” Outdoor Dining Fee approved pursuant to this Resolution shall be effective immediately.
The “Proposed FY23” Outdoor Dining Fee approved pursuant to this Resolution shall be effective on January 1, 2023, The “Proposed FY24” Outdoor Dining Fee approved pursuant to this Resolution shall be effective on January 1, 2024.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 15th day of November, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_______
Michael W. Barrett
City Attorney
2 R 2022____ Page 3 of 4 November 15, 2022
R 2014____
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