On March 4, 2020, the Governor proclaimed a state of emergency in California as a result of the threat of COVID-19. On March 24, 2020, the City Council ratified the City Manager’s proclamation of a local emergency in Rocklin due to the threat of COVID-19 (Reso. 2020-56). The proclamation of a local emergency was in effect until June 22, 2021 (Reso. 2021-118). The proclamation of a state of emergency has not been terminated. Current public health authorities continue to recommend physical distancing as a means to avoid the spread of COVID-19.
In May 2020, in recognition of the impact of the COVID-19 pandemic on local businesses, the City Council approved and adopted a Business Support Program to assist local businesses during the on-going pandemic. Having largely served the purposes for which it was created, the program is scheduled to conclude on November 1, 2021.
On September 28, 2021, the City Council adopted a Resolution of Intent to amend the Rocklin Municipal Code Title 17, Zoning, regarding design review and staff approvals of expansions for outdoor dining. In consideration of an anticipated gap in time between the adoption of the amendments to the Zoning Ordinance, and the conclusion of the current outdoor dining program on November 1, 2021, the City Council requested the topic of temporary outdoor dining operations to be brought back for discussion at the City Council meeting on October 12, 2021.
To extend the application of the temporary outdoor dining program, two options have been identified:
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Re-adopt a Proclamation of Local Emergency pursuant to Government Code section 8630, and implement emergency order authority set forth in Government Code section 8634 to administer temporary outdoor dining regulations as necessary to provide for the protection of life and property.
To proclaim the existence of a local emergency, pursuant to Government 8630, there would need to be a determination that there is a “local emergency” which is defined in Government Code section 8558(c) as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city, caused by the COVID-19 epidemic, which are likely to be beyond the control of the services, personnel, equipment, and facilities of the city and require the combined forces of other political subdivisions to combat. The City Council would be required to review the need for continuing the local emergency at least once every 60 days until the proclamation of a local emergency is terminated.
2. Enact an Urgency Ordinance pertaining to temporary outdoor dining regulations.
To enact an urgency ordinance for the implementation of temporary outdoor dining regulations pursuant to Government Code sections 36937 and 65858, there would need to be a determination that there is a current and immediate threat to the public health, safety, or welfare, with facts demonstrating the urgency. Adoption of the ordinance would require a four-fifths vote of the City Council. The urgency ordinance would be in effect for 45 days, and could be extended following a duly noticed public hearing.