HomeMy WebLinkAboutCC Resolution 14809 (Providing Small Business Support for Outdoor Activities During COVID-19 Emergency)RESOLUTION NO. 14809
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL GRANTING
AUTHORITY TO THE CITY MANAGER TO IMPLEMENT TEMPORARY
CHANGES TO THE SAN RAFAEL MUNICIPAL CODE TO SUPPORT LOCAL
BUSINESSES IN REOPENING DURING THE COVID-19 EMERGENCY
WHEREAS, Marin County and six other Bay Area jurisdictions have been under a Shelter
in Place public health order due to COVID-19 since March 17, 2020 and multi-month closure of
many of the County’s local businesses is putting a huge financial strain on all industries; and
WHEREAS, Marin County has developed a reopening initiative called Marin Recovers, a
collaborative initiative that brings public health officials, local businesses, and industry and local
government leaders together to develop reopening guidelines and procedures to safely and
gradually resume commercial and community operations throughout Marin County; and
WHEREAS, the core focus of the Marin Recovers effort includes: 1) Ensuring compliance
with State and County public health orders, 2) Creating industry business reopening/operating
guidance, 3) Collaborating with industry working groups, and 4) Ensuring support and resources
for businesses to reopen; and
WHEREAS, in addition to the local Marin Recovers initiative, the State of California has
also created the COVID-19 Resiliency Roadmap that illustrates the phases of reopening
California commerce, and the Marin Recovers work tracks closely with the State regulatory
phases and industry guidance; and
WHEREAS, maintaining a healthy and active local business community is of the utmost
importance to the health, safety and welfare of the City of San Rafael’s residents, workers, and
visitors; and
WHEREAS, existing provisions of State law and the San Rafael Municipal Code (SRMC)
regulate outdoor dining (SRMC Section 14.17.110); temporary uses (SRMC Section 14.17.130);
encroachments onto the public streets and sidewalks (SRMC Chapter 11.04); and temporary
street closures (Vehicle Code Section 21101(e); and
WHEREAS, for the City’s business community to survive the challenge presented by the
COVID-19 pandemic and the resulting business closures, the City Council finds that temporary
emergency modifications to existing policies and regulations are needed to help local businesses
remain adaptable and to reopen in innovate new ways; and
WHEREAS, under the current emergency circumstances, the City Council finds that it is
in the best interests of the public health, safety and welfare to permit the temporary use of the
City’s streets and sidewalks by City restaurants and retail businesses, with appropriate conditions
to preserve the public safety and necessary public access to those resources, and finds that City
staff should be given broad discretion to modify existing City policies, procedures and regulations
in order to effectively assist the City’s local businesses in their reopening efforts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY
RESOLVES as follows:
1. The City Manager is authorized to take such steps and implement such policies
and procedures as he determines, in his discretion, are required to streamline the approval of
permits or other entitlements for the safe use of City sidewalks and on-street parking spaces for
business activities of San Rafael restaurants and retail businesses.
2. The City Manager is authorized to make such streamlined processes available to
San Rafael restaurants and retail businesses without application fees or with reduced application
fees as he determines is appropriate.
3. The City Manager is authorized, without further City Council approval, to grant
approvals to close all or portions of designated City streets up to two evenings per week, upon a
finding as required by California Vehicle Code Section 21101(e) that the closing is necessary for
the safety and protection of persons who are to use that portion of the street during the temporary
closing.
4. The authority granted to the City Manager by this Resolution shall be broadly
interpreted to effectuate the City Council’s intent to support and assist the re-opening of San
Rafael’s businesses and the general recovery of the City’s economy.
5. The authority granted to the City Manager by this Resolution shall remain in effect
until terminated by further action of the City Council.
I, Lindsay Lara City Clerk of the City of San Rafael, herby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on the 1st day of June, 2020 by the following vote:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk