Reso 2020-142 Temp limit on food delivery Amndmt 1

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WHEREAS, during the COVID-19 emergency, many residents rely on food delivery and may not be able to receive delivered food if the fees charged by third party food delivery companies are too high; and WHEREAS, limiting the per -order fees at 15% will accomplish the legitimate public purpose of ensuring the continued operation of local restaurants during the period of emergency; the 15% limit is based on the findings and experience of other California cities that have already adopted 15% fee limits as reasonable emergency regulations; and WHEREAS, the Declaration is temporary in nature and only intended to promote stability and safe and healthy operations within the restaurant and food markets in the City during the COVID-19 pandemic outbreak, and to prevent avoidable business closures thereby serving the public peace, health, safety, and public welfare and ensuring jobs and economic vitality within the City, while also preventing further spread of the virus. NOW, THEREFORE THE CITY OF SAN LEANDRO CITY COUNCIL RESOLVES that the above recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that it is hereby declared and ordered that the Amendment Number One to the Declaration of the Director of Emergency Services of the City of San Leandro amending the time frame for the temporary limit of 15% on fees charged by third party food delivery companies to support restaurants in San Leandro during the COVID-19 pandemic, issued by the Director of Emergency Services, is hereby confirmed. BE IT FURTHER RESOLVED by the City Council that the temporary limit of 15% on fees charged by third party food delivery companies shall be in effect until the end of the local state of emergency. BE IT FURTHER RESOLVED by the City Council that: 1. The Declaration of the Director of Emergency Services of the City of San Leandro establishes appropriate regulations to address the temporary limit of 15% on fees charged by third party food delivery companies. 2. The Declaration of the Director of Emergency Services of the City of San Leandro will not be detrimental to the public interest, health, safety, or welfare of the City. 3. The Declaration of the Director of Emergency Services of the City of San Leandro conforms with the relevant and applicable provisions of the California Government Code and the San Leandro Municipal Code authorizing the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property. 4. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City, shall be those prescribed by State law and by ordinances and resolutions of the City of San Leandro. RESOLUTION NO. 2020-142 3