REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Confirming a Local Emergency Order of the Director of Emergency Services Regarding Allowing Temporary Outdoor Dining Areas on Private Property in the City of Sunnyvale in Response to Public Health Concerns Because of the Novel Coronavirus (COVID-19)
Report
DISCUSSION
On March 12, City Manager Kent Steffens declared a local health emergency pursuant to the authority granted to him as the Director of Emergency Services in Sunnyvale Municipal Code (SMC) Chapter 2.16 and applicable state law. The City Council ratified that proclamation on March 17 (Resolution No. 979-20), and extended the local emergency on April 7 and May 26 (Resolution Nos. 981-20 and 994-20). The Santa Clara County Department of Public Health issued its initial "shelter-in-place" order on March 16, with the effect of shuttering restaurants in the County with the exception of take-out service.
SMC Section 2.16 040(a) (6)(A) empowers the Director of Emergency Services "[t]o 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."
Conditions have been evolving since the emergency was originally declared. In its June 5 order, the Santa Clara County Public Health Officer provided that restaurants may now offer outdoor dine-in options for patrons. In order to expedite such outdoor dine-in options, the Director of Emergency Services issued an emergency order on June 10(Attachment 1) suspending any portion of the SMC prohibiting or impairing temporary outdoor dining, including but not limited to Chapter 19.61, Section 19.46.110, and Section 9.66.010. The purpose of suspending these sections of the SMC is to allow restaurants to use private parking lots to serve restaurant customers outside. The program also provides that the Director of Community Develop...
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