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File Number: 20-341 <br />small business restaurants are facing during this period of emergency; and <br />WHEREAS, given that only a few companies in the marketplace provide such delivery <br />services, small restaurants that do not operate their own delivery service resort to contracting with <br />third party food delivery companies as a means to compete in the marketplace; and <br />WHEREAS, if retail food providers close as a result of high fees from third party food <br />delivery companies, their workers will lose employment, thereby affecting their ability to provide <br />for their families; and <br />WHEREAS, during the COVID-19 emergency, many residents rely on food delivery and <br />may not be able to receive delivered food if the fees charged by third party food delivery <br />companies are too high; and <br />WHEREAS, limiting the per-order fees at 15% will accomplish the legitimate public <br />purpose of ensuring the continued operation of local restaurants during the period of emergency; <br />the 15% limit is based on the findings and experience of other California cities that have already <br />adopted 15% fee limits as reasonable emergency regulations; and <br />WHEREAS, the Declaration is temporary in nature and only intended to promote stability <br />and safe and healthy operations within the restaurant and food markets in the City during the <br />COVID-19 pandemic outbreak, and to prevent avoidable business closures thereby serving the <br />public peace, health, safety, and public welfare and ensuring jobs and economic vitality within the <br />City, while also preventing further spread of the virus. <br />NOW, THEREFORE THE CITY OF SAN LEANDRO CITY COUNCIL RESOLVES that the <br />above recitals are true and correct and made a part of this resolution. <br />BE IT FURTHER RESOLVED by the City Council that it is hereby proclaimed and ordered <br />that the Declaration of the Director of Emergency Services of the City of San Leandro <br />establishing a temporary limit of 15% on fees charged by third party food delivery companies to <br />support restaurants in San Leandro during the COVID-19 pandemic, issued by the Director of <br />Emergency Services, is hereby confirmed. <br />BE IT FURTHER RESOLVED by the City Council that: <br />1. The Declaration of the Director of Emergency Services of the City of San Leandro <br />establishes appropriate regulations to address the temporary limit of 15% on fees charged by <br />third party food delivery companies. <br />2. The Declaration of the Director of Emergency Services of the City of San Leandro will <br />not be detrimental to the public interest, health, safety, or welfare of the City. <br />3. The Declaration of the Director of Emergency Services of the City of San Leandro <br />conforms with the relevant and applicable provisions of the California Government Code and the <br />San Leandro Municipal Code authorizing the Director of Emergency Services to make and issue <br />rules and regulations on matters reasonably related to the protection of life and property. <br /> <br />4. During the existence of the declared local emergency, the powers, functions, and duties <br />Page 3 City of San Leandro Printed on 7/15/2020 <br />363