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Report regarding a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to waive Fire Department inspection fees for restaurant occupancies. (Jesus Magallanes, Fire Chief)
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RECOMMENDATION
Recommendation
Staff recommends that the City Council approve an amendment to the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to waive Fire Department inspection fees for restaurant occupancies.
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BACKGROUND
On March 11, 2020, the City of South San Francisco (“City”) proclaimed a local State of Emergency related to the Novel Coronavirus (COVID-19) via Resolution No. 35-2020 (the “Emergency Proclamation”). 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. 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. On May 13, 2020, the City Council amended and updated the Emergency Proclamation via Resolution No. 57-2020.
The 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. 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.
As restaurants reopen, the Fire Department will continue with its annual inspections of restaurants for Fire Life Safety Code compliance. Inspection of restaurants includes, but is not limited to, the following: Extinguishers; exit signage and exit lighting; kitchen hood and cooking fire suppression system; fire sprinkler and alarm system, if applicable; and overall housekeeping and storage facilities. There are currently one hundred and seventeen (117) restaurants with an assigned address, business license and physical location within the City and, in order to maintain Fire Life Safety Code compliance, the Fire Department will continue to inspect these restaurants. An inspection fee for a restaurant can range from $264 to $510. The difference in fee is dependent on variables such as capacity, fire alarm system, and storage of combustible liquids. While staff understands inspection fees are necessary, they are likely to cause an additional financial burden on a sector of the business community facing substantial economic hardship during the COVID-19 pandemic.
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. Therefore, staff recommend that, under the current emergency circumstances, in order to protect the health, safety and welfare, while fostering the economic wellbeing of the City's citizens and businesses, City Council temporarily authorize the City Manager to approve waiver of inspection fees for restaurant occupancies. With the approval of this request, the City Manager will be authorized to waive Fire Department inspection fees for restaurant occupancies until the termination of the City’s Emergency Proclamation.
FISCAL IMPACT
The average fee associated with Fire Department inspections for Fire Life Safety Code compliance can range from $264 to $510. The impact to fees for service is anticipated to be no more than $59,670 if all occupancies were charged the highest fee.
CONCLUSION
Staff recommends that the City Council approve an amendment to the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to waive Fire Department inspection fees for restaurant occupancies in order to ease the financial hardship on citizens and businesses until the termination of the City’s Emergency Proclamation.