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HomeMy WebLinkAboutReso 2021-185RESOLUTION NO. 2021-185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CITY’S PAYMENT OF SEWER CAPACITY FEES ON BEHALF OF BUSINESSES THAT HAVE RECEIVED APPROVAL UNDER THE CITY’S REIMBURSEMENT GRANT PROGRAM FOR SIDEWALK CAFÉS WHEREAS, on May 5, 2020, in response to the COVID-19 pandemic, the City Council approved Chula Vista’s COVID-19 90-Day Economic Recovery Plan (Plan); and WHEREAS, one feature of the Plan was the establishment of a no-fee permit that allowed businesses on Third Avenue between E and H Streets to encroach into the public right-of-way, where feasible, for expanded business operations; and WHEREAS, on July 14, 2020, the City Council formalized a process to allow for these expanded operations in the public right-of-way through the approval and creation of a ministerial permit process; and WHEREAS, on June 15, 2021, Governor Gavin Newsom announced a fully reopened economy and lifted of pandemic executive orders; and WHEREAS, Chula Vista’s economy has not fully recovered from the impacts of COVID- 19; and WHEREAS, businesses could benefit from continued use of outdoor areas and customers have become accustomed to outdoor business expansions; and WHEREAS, the City has abandoned the ministerial permit process for expanded outdoor business operations and terminated existing encroachments into the right-of-way; and WHEREAS, in 2021, the City will receive fifty-seven million dollars ($57 million) in American Rescue Plan Act funds; and WHEREAS, on July 13, 2021, the City Council authorized the establishment of a new permit process and reimbursement grant program for curb cafés and sidewalk cafés on Third Avenue through July 31, 2023 (the “Grant Program”) and appropriated $300,000 in American Rescue Plan Act funds to the Grant Program; and WHEREAS, the maximum reimbursement amount for the design, permitting, and construction of sidewalk cafés under the Grant Program is $4,000; and WHEREAS, the maximum reimbursement amount of $4,000 is insufficient to pay for required sewer capacity fees; and DocuSign Envelope ID: B1F13140-0B34-445C-8F70-DDB80EC7485C Resolution No. 2021-185 Page No. 2 WHEREAS, approval of this resolution would authorize payments of sewer capacity fees from Grant Program funds in addition to the $4,000 maximum reimbursement amount that is available for design, permitting, and construction fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it: 1. Authorizes the use funds appropriated to the City’s reimbursement grant program for design, permitting, and construction costs for sidewalk cafes on Third Avenue (“Grant Program”) to directly pay sewer capacity fees on behalf of businesses that have received approval under the Grant Program. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: B1F13140-0B34-445C-8F70-DDB80EC7485C Resolution No. 2021-185 Page No. 3 Presented by Approved as to form by Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of September 2021 by the following vote: AYES: Councilmembers: Cardenas, Galvez, McCann, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Casillas Salas Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2021-185 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of September 2021. Executed this 28th day of September 2021. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: B1F13140-0B34-445C-8F70-DDB80EC7485C