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File Number: 20-341 <br />WHEREAS, on March 16, 2020, the Health Officer of Alameda County issued an Order <br />directing all individuals to shelter in place and requiring essential businesses to implement Social <br />Distancing Protocols (‘Shelter In Place Order’); and <br />WHEREAS, the Health Officer of the County of Alameda has issued revised Shelter In <br />Place Orders on March 31, 2020, and May 18, 2020, and June 5, 2020, extending restrictions on <br />activities and requiring individuals to shelter at home, allowing for certain specified activities; and <br />WHEREAS, on June 18, 2020 the Health Officer of Alameda County revised the June 5, <br />2020 Order, effective June 19, 2020, to allow outdoor restaurant dining as well as other specified <br />activities, but not allowing for any indoor dining; and <br />WHEREAS, to reduce the spread of the virus and protect the public health, the Shelter In <br />Place Order prohibits restaurants in the County from offering indoor dining; and <br />WHEREAS, the City of San Leandro, pursuant to its police powers, has broad authority to <br />maintain public peace, health, and safety of its community and preserve quality of life; and <br />WHEREAS, in adopting the Emergency Declaration, the Director of Emergency Services <br />took action pursuant to his authority under Government Code Section 8634 and San Leandro <br />Municipal Code Section 3-4-130(a); and <br />WHEREAS, the Declaration was issued because of the propensity of the virus to spread <br />person-to-person and also because the virus physically is causing property loss or damage due <br />to its proclivity to attach to surfaces for prolonged periods of time; and <br />WHEREAS, restricting restaurants to takeout and delivery offerings only has placed a <br />sudden and severe financial strain on many restaurants, particularly those that are small <br />businesses that already operate on thin margins, adding to financial pressures in the industry that <br />predate the COVID-19 crisis; and <br />WHEREAS, it is in the public interest to take action to maximize restaurant revenue from <br />the takeout and delivery orders that, with the exception of some limited outdoor dining operations, <br />are currently the sole source of revenue for these small businesses to enable restaurants to <br />survive this crisis and remain as sources of employment and neighborhood vitality within the City; <br />and <br />WHEREAS, many consumers use third party food delivery companies to place orders with <br />restaurants for delivery and takeout, and these third party delivery companies charge restaurants <br />fees; service agreements between some restaurants and third party delivery companies provide <br />that the company charges the restaurant 30% or more of the purchase price per order; and <br />WHEREAS, restaurants, and particularly restaurants that are small businesses with few <br />locations, have limited bargaining power to negotiate lower fees with third party delivery <br />companies given the high market saturation of these companies, and the dire financial straits <br />Page 2 City of San Leandro Printed on 7/15/2020 <br />362