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Resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to extend the Outdoor Dining Pilot Program and provide related authorizations.
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WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City of South San Francisco (“City”) is affected or likely to be affected by a public calamity; and
WHEREAS, Section 2.72.060 of the South San Francisco Municipal Code (“SSFMC”) authorizes the City Manager, serving as the Director of Emergency Services to proclaim, or to request the City Council to proclaim, the existence or threatened existence of a local emergency; and
WHEREAS, SSFMC Section 2.72.060 authorizes the director of emergency services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and
WHEREAS, on March 11, 2020, the City Council passed Resolution No. 35-2020 proclaiming a local State of Emergency related to the Novel Coronavirus 2019 (COVID-19); and
WHEREAS, on March 16, 2020, seven health officers within six Bay Area counties, including San Mateo County (“County”), took a unified step to slow the spread of COVID-19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home and limiting activity, travel and business functions to only the most essential needs for three weeks, beginning March 17, 2020; and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued a statewide order ordering all individuals living in the State of California (“State”) to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors; and
WHEREAS, on May 13, 2020, the City Council passed Resolution No. 57-2020 amending and updating the Emergency Proclamation; and
WHEREAS, San Mateo County and six other Bay Area jurisdictions have been under a Shelter in Place public health order due to COVID-19 since March 17, 2020 and multi-month closure of many of the County’s local businesses is putting a huge financial strain on all industries; and
WHEREAS, on June 17, 2020, the San Mateo County Health Officer and the County Health Department announced revised orders to align with State Health Orders allowing for the continued re-opening of businesses, provided that gatherings are not to exceed 50 people, allow for social bubbles, adherence to social distancing requirements, face covering requirements, and requirements for businesses to implement a social distancing protocol and written health and safety plans; and
WHEREAS, in conjunction with the revised San Mateo County Health Orders, nearly all cities in San Mateo County have implemented an outdoor dining program; and
WHEREAS, the City has an important governmental interest in maintaining a healthy, active, and thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, to protect the health and safety of the City, while fostering the economic wellbeing of the City's citizens and businesses, the City wishes to assist both essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so pursuant to County and State public health orders; and
WHEREAS, for the City’s business community to survive the challenge presented by the COVID-19 pandemic and the resulting business closures, the City finds that temporary emergency modifications to existing policies and regulations are needed to help implement the Program; and
WHEREAS, under the current emergency circumstances, the City finds that it is in the best interests of the public health, safety and welfare to permit the temporary use of public right-of-way space by restaurants and businesses, with appropriate conditions to preserve the public safety and necessary public access to those resources, and finds that City staff should be given broad discretion to modify existing City policies, procedures and regulations in order to effectively assist the City’s local businesses in their reopening efforts; and
WHEREAS, on July 8, 2020, the City Council passed Resolution No. 90-2020 amending the proclamation of a local health emergency to approve the Outdoor Dining Pilot Program, to allow interested restaurants and businesses to, with review and approval by the City, utilize public right-of-way space, including adjacent parking spaces, for an expanded dining area; and
WHEREAS, on September 8, 2020, the City Manager signed a proclamation amending the outdoor dining pilot program in the City of South San Francisco to enhance business recovering during COVID-19; and
WHEREAS, the City Manager’s proclamation extended the time limit for businesses to participate in the Outdoor Dining Pilot Program, as provided in Resolution 90-2020, by 90 days beyond the initial time limit approved by City Council to allow restaurants and businesses to continue operating in approved outdoor dining and activity areas; and
WHEREAS, the City Manager’s proclamation expanded the Outdoor Dining Pilot program to include Personal Services, as defined in SSFMC Title 20, Chapter 20.620, which includes barber and beauty shops, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer, but only to the extent these services are permitted to operate under County and State public health orders; and
WHEREAS, the authority vested in the City Manager in Resolution No. 90-2020, to implement the Outdoor Dining Pilot Program, was also extended to implement the inclusion of Personal Services in the Outdoor Dining Pilot Program; and
WHEREAS, the City Council ratified the City Manager’s proclamation on October 14, 2020, via Resolution No. 130-2020; and
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Council desires to continue extending the Outdoor Dining Pilot Program and provide other related authorizations to protect life, property and civil order.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco, based on the foregoing recitals that shall constitute findings in this resolution, do hereby declare that the further amendments to the proclamation of a local emergency, adopted by Resolution 35-2020 relating to the Outdoor Dining Pilot Program, are necessary to protect life, property and civil order, and order the following:
1. The above recitals are true and correct and incorporated herein by this reference.
2. The time limit for businesses to participate in the Outdoor Dining Pilot Program, as provided in Resolution No. 90-2020 and its exhibits, and as extended by Resolution No. 130-2020, is hereby extended to continue until 60 days after the date Shelter In Place restrictions are lifted through San Mateo County Health Orders, or 60 days after the date indoor dining fully resumes upon the State of California Department of Public Health determines that the County can operate at less restrictive tiers (yellow or minimal risk of exposure, or better), whichever occurs earlier.
3. All authority vested in the City Manager by City Council in Resolution No. 90-2020, to implement the Outdoor Dining Pilot Program, shall also apply to implement extension of the time limits for businesses participating in the Outdoor Dining Pilot Program, including but not limited to renewal of any expiring or expired permits for the Program.
4. The amended Outdoor Dining Pilot Program application and operational requirements in Exhibit A are hereby approved.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its adoption.
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