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Ordinance Page 3 public purpose of ensuring the continued operation of local restaurants and third -party platforms during the period of emergency; the 15 percent cap is based on the findings and experience of other California cities and cities nationwide that have already adopted 15 percent fee ceilings or similar caps as reasonable emergency regulations. T. The California Constitution, Article XI, Section 7, provides cities with the authority to enact Ordinances to protect the health, safety, and general welfare of their citizens. U. California Government Code Section 36937 authorizes the City Council to introduce and adopt an Ordinance it declares to be necessary as an emergency measure to preserve the public peace, health and safety at one and the same meeting if passed by at least a four-fifths affirmative vote. V. In light of the economic impacts of the public health emergency on local restaurants and the necessity to preserve access to essential services and protect public health and safety in Pleasanton, the City Council finds and determines there is an immediate need to preserve public health, safety and welfare by enacting an Ordinance to cap the per -order fee third -party applications and websites can charge restaurants during the term of this emergency. W. It is in the public interest to take action to ensure the delivery of essential food services to residents of Pleasanton and to maximize restaurant revenue from the takeout and delivery orders that, with the exception of limited dining operations, are currently one of the primary sources of revenue for these businesses to enable restaurants to survive this crisis and remain as sources of employment and neighborhood vitality in the city. X. As restaurants return to modified, lower capacity restaurant service, it is unclear how restaurants will fare, as restaurants must create new, physically distanced dining areas and implement increased training and sanitation measures. Y. It is unclear how quickly restaurant patrons will return to restaurant dining and restaurants may continue to see a significant loss of revenue for an ongoing period of time. Z. This Urgency Ordinance 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.