ITEM:		PUBLIC HEARING
11.	CONSIDER ADOPTION OF URGENCY ORDINANCE NO. 186 – TEMPORARILY SUSPENDING A PORTION OF RULE 24-B-1-i PERTAINING TO EXTERIOR RESTAURANT SEATING IN RESPONSE TO COVID-19 RE-OPENING PROCEDURES
Meeting Date:			May 18, 2020	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.: N/A
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Completed.
CEQA Compliance: This ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities, as these amendments relate to permitting and alterations of existing facilities.

SUMMARY: On May 12, 2020, California Governor Gavin Newsom announced the state’s long-awaited guidelines for the reopening of Restaurants for sit-down dining, including extensive guidelines for physical distancing. Outdoor seating is to be prioritized over inside seating to minimize crossflow of customers in enclosed environments. The Governor’s guidelines include removing tables and chairs from indoor dining areas so that six feet of physical distance can be maintained for customers and employees. The guidelines also require discontinuing seating of customers where customers cannot maintain six feet of distance from employee work and food and drink preparation areas.

Jurisdictions are already discussing ways to facilitate social distancing at Restaurants during the pandemic by shutting down streets, parking spaces, and sidewalks to create open air dining areas. Staff discussed this situation with legal counsel and determined that an urgency ordinance is appropriate given the possible timeline for re-opening.

The temporary removal of indoor seating is not of concern to the District, as those seats can be reinstated without a permit. However, MPWMD Rule 24-B-1-i regulates the number of outdoor seats that a Restaurant can have (e.g., the “exterior seat allowance”) before a Water Permit is required. The rule does not address the potential need to relocate seating from inside to outside as will occur with re-opening Restaurants during the pandemic. Draft Urgency Ordinance No. 186 (Exhibit 11-A) facilitates relocation of seating without requiring a Water Permit. Restaurants that want to increase Exterior Restaurant Seating above the standard exterior seat allowance will need to confirm that the District has an Interior Restaurant Seat count on file before expanding.

RECOMMENDATION: Staff recommends the Board adopt Ordinance No. 186 on May 18, 2020, to facilitate re-opening of restaurants with outdoor seating during the COVID-19 pandemic. An urgency ordinance is limited in time to one year. The Board may revisit the provisions of this ordinance as needed and as more information becomes available.

EXHIBIT

11-A Ordinance No. 186

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