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File Number: 20-512 <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, 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 limited outdoor restaurant dining as well as other <br />specified activities, but not allowing for any indoor dining; and <br />WHEREAS, on October 21, 2020 the Health Officer of Alameda County revised the June <br />5, 2020 Order, effective October 23, 2020, to allow indoor restaurant dining as well as other <br />specified activities, with indoor dining limited to 25% capacity or 100 people, whichever is less; <br />and <br />WHEREAS, to reduce the spread of the virus and protect the public health, the Shelter In <br />Place Order limits the indoor dining capacity of restaurants in the County and places strict <br />operating procedures and safety measures on such 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 restaurant operations has placed a sudden and severe financial <br />strain on many restaurants, particularly those that are small businesses that already operate on <br />thin margins, adding to financial pressures in the industry that predate the COVID-19 crisis; and <br />WHEREAS, the limited amount of indoor seating (and limited or no outdoor seating for <br />most) and the need to implement complex and costly safety measures and staff training continues <br />to significantly limit restaurants’ ability to cover their operating costs, staff costs, and rent, which <br />were designed for full capacity operations; 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 dining operations, are <br />currently the sole source of revenue for these small businesses to enable restaurants to survive <br />this crisis and remain as sources of employment and neighborhood vitality within the City; and <br />Page 2 City of San Leandro Printed on 11/11/2020