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CC 08-17-2021 Item No. 21 Urgency Ordinance Temporary Outdoor Dining Extension_Staff PresentationAugust 17, 2021 Urgency Ordinance Extending Authorization of Outdoor Operations of Qualifying Establishments (Restaurants, Wineries, Breweries, and Bars) Pursuant to a Special Temporary Outdoor Dining Permit CC 08-17-2021 Item No. 21 Background ●6/1/20 –SCC allowed outdoor dining ●6/5/20 –CC adopted Urgency Ordinance 20-2207 ●8/30/20 –State moved to Blueprint tier system ●6/4/21 –Governor Newsom extended sales of alcoholic beverages within expanded outdoor areas through 12/31/21 ●6/15/21 –Ordinance expired upon termination of State’s Blueprint system Ongoing Developments ●National, State, County, and Local emergency proclamations are still in effect ●Delta variant a growing concern ●804 cases in Santa Clara County ●10,507 cases in California ●8/12/21 –Several Bay Area counties reinstated mask mandate for all indoor settings City Length of Extension Campbell Extended until September 30 Milpitas Plans to extend program (expiration not yet determined) Mountain View Ends January 3, 2022 Palo Alto Program extended through 12/31/21 Redwood City Program extended through 12/31/21 San Jose In effect until 12/31/21 or end of emergency order, whichever is sooner San Mateo Extended until 9/31/21 Santa Clara Six months after local emergency ends Santa Cruz Extended through 12/31/21 Cupertino Ended with the expiration of the State Blueprint system on June 15, 2021. Proposed for extension until 90 days after the end of the local emergency order. ●Outdoor seating adjacent to businesses ●Drive aisles, ADA stalls, and path of travel remain open and unobstructed ●Structures temporarily affixed (i.e. sandbags, weights, etc.) Outreach ●Chamber of Commerce ●Business Community ●Positive feedback regarding TOD program and process ●Customers want outdoor seating ●Requests to extend TOD program ●One complaint received –issue being resolved with business owner Alternatives to Staff Recommendation ●Option A –Approve urgency ordinance with a predetermined expiration date ●Option B –Approve urgency ordinance with no grace period upon expiration ●Option C –Decline to adopt the urgency ordinance Staff Recommendation –Expires 90 days after end of local emergency order Recommended Action ●Find the proposed action exempt from CEQA; and, ●Enact Urgency Ordinance No. 21-XXXX with proposed extension until 90 days after end of local emergency order Questions?