HomeMy WebLinkAbout2020-09-01; City Council; Resolution 2020-181RESOLUTION NO. 2020-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, EMPOWERING THE DIRECTOR OF EMERGENCY SERVICES TO
TEMPORARILY SUSPEND THE COLLECTION OF FEES FOR SIDEWALK CAFÉ,
OUTDOOR DISPLAY, AND CURB CAFÉ PERMITS
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health
Emergency as a result of the spread of COVID-19; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a statewide state of emergency as
a result of the spread of COVID-19; and
WHEREAS, on March 16, 2020, the Director of Emergency Services proclaimed a local state of
emergency as a result of the COVID-19 pandemic, which the City Council subsequently ratified and
extended; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing
individuals living in California to comply with a State Public Health Officer order to stay at home except
as needed to facilitate authorized, necessary activities or to maintain the continuity of operations at
critical infrastructure sectors; and
WHEREAS, on May 4, 2020, Governor Newsom issued Executive Order N-60-20 allowing non-
essential businesses to reopen in four stages in compliance with criteria set by the State Public Health
Officer and based on certain public health criteria being met on a county-by-county basis; and
WHEREAS, on June 19, 2020, dine-in restaurants, alcohol-serving businesses offering dine-in
meals, personal care services businesses and other businesses in the County of San Diego were
permitted to reopen subject to compliance with state issued guidance; and
WHEREAS, on July 13, 2020. a statewide public health officer order was issued closing bars,
pubs, brewpubs, and closing indoor operations of dine-in restaurants, wineries, tasting rooms, family
entertainment centers, movie theaters, zoos, museums, and cardrooms; and
WHEREAS, the July 13, 2020, statewide public health officer orders states that the rationale for
moving activities outdoors to reduce risk is anchored in the science of disease transmission and recent
studies show that transmission is greater in indoor settings due to the release of infectious particles
into the air when someone speaks, coughs, sneezes, or sings, which is exacerbated in indoor spaces
particularly when lacking appropriate ventilation; and
Sept. 1, 2020 Item #8 Page 5 of 7
WHEREAS, the State of California has issued industry guidance for businesses that are allowed
to reopen that require modification to business operations which has a direct cost and may have an
impact on the space in which businesses may operate thus impacting revenue; and
WHEREAS, the impact of COVID-19 on businesses and the workforce is significant with the State
of California unemployment rate in July standing at 13.3%, which is higher than the 12.3% it was during
the height of the Great Recession (March, October, and November 2010); and
WHEREAS, the City of Carlsbad unemployment rate in June was 11% compared to a 2019
average of 2.9%; and
WHEREAS, the City of Carlsbad conducted a survey of businesses impacted by COVID-19 which
ended in July and found that seventy-two percent of companies indicated the need for further financial
assistance to maintain operations over the next six months; and
WHEREAS, 78% of businesses surveyed indicated that they experienced a revenue decrease of
more than 25% due to COVID-19; and
WHEREAS, it is in the public interest to take steps to ensure local businesses remain
economically viable during the COVID-19 pandemic state of emergency; and
WHEREAS, there is a public benefit to providing economic relief to businesses impacted by the
COVID-19 health emergency, so they may continue providing jobs and tax revenue to the City of
Carlsbad to fund public services; and
WHEREAS, there is a public benefit to permitting sidewalk café, outdoor display, and curb café
operations for the enjoyment of patrons and to assist businesses in generating revenue; and
WHEREAS, there is a public benefit to expanding outdoor business operations to reduce the risk
of disease transmission which according to the California Department of Public Health is exacerbated
in indoor spaces particularly when lacking appropriate ventilation; and
WHEREAS, adopting this resolution is necessary and appropriate to mitigate the immediate
threats to the public health, safety, and welfare of residents and local businesses from the significant
economic impacts of the COVID-19 pandemic by providing economic relief and providing resources to
remain open in compliance with the public health orders.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
Sept. 1, 2020 Item #8 Page 6 of 7
2. That the director of emergency services is empowered to suspend the collection of
fees for the issuance of sidewalk café, outdoor display, and curb café permits until
February 28, 2021, or for the duration of the local COVID-19 pandemic emergency,
whichever is later.
3. That the director of emergency services is empowered to suspend the collection of
fees for the issuance of sidewalk café, outdoor display, and curb café related
encroachment agreements until February 28, 2021, or for the duration of the local
COVID-19 pandemic emergency, whichever is later.
4. That the director of emergency services is authorized to reimburse fees that were paid
for sidewalk café, outdoor display, or curb café permits that were issued from
March 1, 2020, until the effective date of this resolution funded by the Economic
Recovery and Revitalization Initiative monies set aside for contingency or future City
Council decisions.
5. That the director of emergency services is authorized to reimburse fees that were paid
for encroachment agreements related to sidewalk café, outdoor display, or curb café
permits issued from March 1, 2020, until the effective date of this resolution funded
by the Economic Recovery and Revitalization Initiative monies set aside for
contingency or future City Council decisions.
6. That the deputy city manager, administrative services is authorized to offset revenue
lost from the suspension of fee collection associated with this action from the
Economic Recovery and Revitalization Initiative monies set aside for contingency or
future city council actions.
7. That the director of emergency services may take any further action necessary and
appropriate to carry out the purpose and intent of this resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 1st day of September, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City lerk
(SEAL)
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