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URGENCY ORDINANCE NO. 2211
<br /> AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON
<br /> ESTABLISHING A TEMPORARY 15 PERCENT CAP ON COMMISSION CHARGES BY
<br /> THIRD-PARTY FOOD DELIVERY SERVICES ON PLEASANTON RESTAURANTS
<br /> DURING THE COVID-19 PANDEMIC
<br /> WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public
<br /> health emergency because of the Novel Coronavirus Disease (COVID-19) outbreak; and
<br /> WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of
<br /> Emergency Proclamation for the State of California; and
<br /> WHEREAS, on March 13, 2020, the federal government adopted a Proclamation on
<br /> Declaring a National Emergency Concerning COVID-19; and
<br /> WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order
<br /> directing all individuals living in the County to shelter at their place of residence, subject to certain
<br /> exceptions; and
<br /> WHEREAS, on March 17, 2020, under the authority contained in California Government
<br /> Code section 8634 and Chapter 2.44 of the Pleasanton Municipal Code, the City Manager, acting
<br /> as Director of Emergency Services, declared the existence of a local emergency in the City of
<br /> Pleasanton ("City"); and
<br /> WHEREAS, on March 23, 2020, the City Council of the City of Pleasanton adopted a
<br /> resolution ratifying the proclamation of the existence of a local emergency in the City (Resolution
<br /> No. 20-1139); and
<br /> WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order
<br /> to protection the health and well-being of all Californians and slow the spread of COVID-19; and
<br /> WHEREAS, the Alameda County Health Officer issued subsequent revised Shelter In
<br /> Place Orders, including on March 31, 2020, April 29, 2020, May 18, 2020, and June 5, 2020,
<br /> which included extending restrictions on activities and requiring individuals to shelter at home and
<br /> allowing for certain specified activities; and
<br /> WHEREAS, on June 18, 2020, the Alameda County Health Officer revised the June 5,
<br /> 2020 Order, effective June 19, 2020, to allow outdoor restaurant dining as well as other specified
<br /> activities, but not allowing for any indoor dining; and
<br /> WHEREAS, on July 13, 2020, the State Public Health Order issued an Order closing all
<br /> indoor restaurant dining statewide, among other indoor operations; and
<br /> WHEREAS, as a result of the public health emergency and the orders issued by health
<br /> authorities, restaurants in the city have been limited to takeout and delivery offerings (plus limited
<br /> outdoor dining if available but often with reduced capacity) which has led to a sudden and severe
<br /> income loss and financial strain for Pleasanton's restaurants, particularly those who operated on
<br /> thin margins before the pandemic and those who did not have robust takeout and delivery
<br /> infrastructure or outdoor seating capacity; and
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