HomeMy Public PortalAbout2020-06-09 Item 12CITY COUNCILAGENDA REPORTCIT0^•s'^stl0CITY OF MILLBRAE621 Magnolia AvenueMillbrae, CA 94030SUBJECT: Urgency Ordinance of the City of MillbraeRegarding Use of City Property for OutdoorDiningATTACHMENTS:1. Urgency Ordinance (forthcoming)2. Resolution granting authority to close streets(forthcoming)3.County Order No. cl9-5fand State Outdoor DiningGuidelinesReport No. ^V^OFor Agenda of: June 9, 2020Department: Community DevelopmentOriginator: Khee Lim ^^-^-^^Approved:'//Budget ActionYes: X No:Finance Review:REPORT TYPE: ACTION X INFORMATIONALITEM TYPE: CONSENT PUBLIC HEARING EXISTING BUSINESS X NEW BUSINESSRECOMMENDATION:Staff recommends that the City Council:1. Enact an urgency ordinance suspending requirements of the Municipal Code restricting outdoordining.*2 Adopt a resolution allowing the use of public streets and on street parking for outdoor dining.3. Provide guidance to staff on implementation of an outdoor dining program.* This action requires approval by a four-fifiths voteBACKGROUND:On March 16, 2020, due to the number of cases ofCOVID-19 in the County of San Mateo and the BayArea counties, the Health Officer of the County of San Mateo (Health Officer) issued a shelter-in-placeorder, effective 12:01 A.M. on March 17, 2020 (as amended, SIP Order), which, among other things,required the maximum number of people to self-isolate in their places of residence to the maximum extentfeasible to reduce the occurrence ofCOVID-19, and limited operation of restaurants and food facilities totake-out service.City staff has been working with the Economic Vitality Advisory Committee (EVAC), downtownrestaurant operators and merchants to develop feasible interim plans that expand seating capacity forrestaurants in anticipation of the medical officer allowing both indoor and outdoor dining. Public meetingswere held on May 21, 2020 and May 28, 2020, respectively to solicit ideas to assist downtown businessesin their re-opening effort in anticipation of the eventual relaxation of the SIP Order. At these meetingsextensive discussions were had by EVAC and restaurant owners on ideas to make use of outdoor spacefor adding seating capacity while maximizing areas to maintain and adhere to social distancing and foodPage 1 of 316603250.1
service requirements. Partial street closure, full street closure, outdoor dining in sidewalk area, use ofCity parking lots for outdoor dining and/or central pick up location were among the many ideas discussedat the meetings. Long term solutions and more permanent solutions that included parallel parking andsidewalk widening; and on street parklet designs were also discussed. These long term ideas were tabledto a later date to maintain the focus on immediate accommodations for interim outdoor dining through theCOVID 19 pandemic and SIP Order(s).0n June 4,2020, the Health Officer issued Order No. cl9-5f, whichmodified the SIP Order to allow for restaurants to operate outdoor dining, subject to certain conditions,effective June 6, 2020. Restaurants and other food facilities that were previously licensed to provide inrestaurant dining may begin providing outdoor dining only as long as they comply with all safety measuresfrom the State of California and the County of San Mateo. Indoor dining is still prohibited under theupdated SIP Order.On June 5, 2020, the City Manager, in his capacity as the Director of Emergency Services, issued an ordersuspending several provisions of the Municipal Code that restrict the ability of restaurants and foodfacilities to provide outdoor dining services, as further discussed below, and authorizing the CommunityDevelopment Director to issue outdoor dining encroachment permits allowing restaurants and foodfacilities to use certain city property for outdoor dining services. These actions are subject to ratificationby the Council.The City Manager's order allows restaurants and food facilities to provide outdoor dining services inseveral places:1) Privately owned outdoor properties (e.g. a parking lot owned by the restaurant): Providing outdoordining services on such properties does not require further approval by the City.2) Public sidewalks, streets, and City-owned outdoor properties: Providing outdoor dining services onsuch properties requires an encroachment permit from the City.For the weekend of June 6, 2020, the City granted two applications for encroachment permits, and is awareof one restaurant that provided outdoor dining service on private property.ANALYSIS:Urgency Ordinance: Suspension of Restrictions on Outdoor DiningThe Millbrae Municipal Code imposes various restrictions on outdoor dining. Outdoor dining in thedowntown improvement area typically requires a conditional use permit from the Millbrae PlanningCommission. The Municipal Code also prohibits the consumption of alcohol on public streets, sidewalks,and other public ways or parking lots owned by the City. The proposed urgency ordinance suspends theserequirements for restaurants and food facilities providing outdoor dining services until the SIP Order islifted.Resolution: Authorization to Use City Property for Outdoor Dining PurposesThe SIP Order requires restaurants and food facilities providing outdoor dining services to comply withsocial distancing protocols, some of which are space intensive. Several restaurants have requested thatthe City make City owned space available so restaurants can comply with the requirements of the SIPOrder and operate profitably. Under existing authority, staff can make public sidewalks and City ownedlots available for outdoor dining. Additional authority is required to make streets and on-street parkingPage 2 of 316603250.1
spaces available for outdoor dining. Staff also recommends that the City Council adopt a resolutiontemporarily allowing the City Manager to close streets and restrict on street parking to expand outdoordining area beyond the sidewalk. Alternatively, the Council can consider requests from restaurants forstreet closure on a case by case basis.Encroachment PermitsRestaurant operators are required to apply to the City for an encroachment permit if they desire to utilizeCity owned property, including streets, on street parking, and/or adjacent City parking lots for outdoordining. Staff has developed a temporary, no cost outdoor dining encroachment permit for this purpose.To apply for such a permit, restaurants must submit a plan detailing the seating plan as well as a safetyplan to protect restaurant patrons. Restaurant owners will be responsible for all safety measures for boththeir employees and customers. Under the SIP Order, restaurant operators are required to designate aCOVID-19 supervisor to ensure the implementation of the food facilities' health and safety plan and socialdistancing protocol. Additionally, tables must be arranged to ensure no customer is sitting within six feetof any other customer at a separate table. Patrons at a single table are limited to no more than six, and theymust be from the same household or living unit. The City can impose additional conditions on the use ofits property for outdoor dining services.FISCAL IMPACT:NoneCOUNCIL ACTION:1. Enact an Urgency Ordinance suspending requirements of the Municipal Code restricting outdoordining.2 Adopt a resolution allowing the use of public streets and on street parking for outdoor dining.Page 3 of 316603250.1
ATTACHMENTSTOFOLLOW
t3SAN MATEO COUNTY HEALTHtff>^ PUBLIC HEALTH,^V POLICY & PLANNINGDr. Scott Morrow, Health OfficerCassius Lockett, PhD, DirectorPublic Health, Policy & Planning225 37th AvenueSan Mateo. CA 94403smchealth.orgORDER No. cl9-5d (REVISED) OF THE HEALTH OFFICEROF THE COUNTY OF SAN MATEO DIRECTINGALL INDIVIDUALS IN THE COUNTY TO CONTINUE SHELTERING AT THEIRPLACE OF RESIDENCE EXCEPT FOR IDENTIFIED NEEDS AND ACTIVITIES, INCOMPLIANCE WITH SPECIFIED REQUIREMENTS; CONTINUING TO EXEMPTHOMELESS INDIVIDUALS FROM THE ORDER BUT URGING GOVERNMENTAGENCIES TO PROVIDE THEM SHELTER; REQUIRING ALL BUSINESSES ANDRECREATION FACILITIES THAT ARE ALLOWED TO OPERATE TOIMPLEMENT SOCIAL DISTANCING, FACE COVERING, AND CLEANINGPROTOCOLS; AND DIRECTING ALL BUSINESSES, FACILITY OPERATORS, ANDGOVERNMENTAL AGENCIES TO CONTINUE THE TEMPORARY CLOSURE OFALL OTHER OPERATIONS NOT ALLOWED UNDER THIS ORDERDATE OF ORDER: MAY 15, 2020Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanorpunishable by fine, imprisonment, or both. (California Health and Safety Code § 120295, etseq.; Cal.Penal Code §§ 69,148(a)(l))UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040,101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SAN MATEO ("HEALTHOFFICER") ORDERS:1. This Order supersedes the April 29, 2020 Order of the Health Officer directing all individuals to shelterin place ("Prior Order"). This Order amends, clarifies, and continues certain terms of the Prior Order toensure continued social distancing and limit person-to-person contact to reduce the rate of transmissionof Novel Coronavims Disease 2019 ("COVID-19"). This Order continues to restrict most activity,travel, and governmental and business functions to essential needs. Outdoor Activities and OutdoorBusinesses that the Prior Order allowed to resume. But in light of progress achieved in slowing thespread ofCOVID-19 in the County of San Mateo (the "County") and neighboring counties, this Orderallows a limited number of Additional Businesses and Additional Activities (as defined in Section 15below and described in Appendix C-l and C-2) to resume operating, subject to specified conditions andsafety precautions to reduce associated risk ofCOVID-19 transmission. This gradual and measuredresumption of activity is designed to manage the overall volume, duration, and intensity ofperson-to-person contact to prevent a surge in CO VID-19 cases in the County and neighboring counties. Asfurther provided in Section 1 1 below, the Health Officer will continue to monitor the risks of theactivities and businesses allowed under this Order based on the CO VID-19 Indicators (as defined inSection 11) and other data, and may, if conditions support doing so, incrementally add to the list of1 of 15
<(^j^- SAN MATEO COUNTY HEALTHiff>^ PUBLIC HEALTH,~^W POLICY & PLANNPLANNINGAdditional Businesses and Additional Activities. The activities allowed by this Order will be assessedon an ongoing basis and these activities and others allowed by the Order may need to be modified(including, without limitation, temporarily restricted or prohibited) if the risk associated with COVID-19increases in the future. As of the effective date and time of this Order set forth in Section 18 below, allindividuals, businesses, and government agencies in the County are required to follow the provisions ofthis Order.2. The primary intent of this Order is to ensure that County residents continue to shelter in their places ofresidence to slow the spread ofCOVID-19 and mitigate the impact on delivery of critical healthcareservices. This Order allows a limited number of Additional Businesses and Additional Activities toresume while the Health Officer continues to assess the transmissibility and clinical severity of COVID-19 and monitors CO VID-19 Indicators described in Section 11. All provisions of this Order must beinterpreted to effectuate this intent. Failure to comply with any of the provisions of this Orderconstitutes an imminent threat and menace to public health, constitutes a public nuisance, and ispunishable by fine, imprisonment, or both.3. All individuals currently living within the County are ordered to shelter at their place of residence. Theymay leave their residence only for Essential Activities as defined in Section 15. a. Outdoor Activities asdefined in Section 15.m, and Additional Activities as defined in Section 15.o; Essential GovernmentalFunctions as defined in Section 15.d; Essential Travel as defined in Section 15.i; to work for EssentialBusinesses as defined in Section 15.f, Outdoor Businesses as defined in Section 15.7, and AdditionalBusinesses as defined in Section 15.n; or to perfonn Minimum Basic Operations for other businessesthat must remain temporarily closed, as provided in Section 15.g. For clarity, individuals who do notcurrently reside in the County must comply with all applicable requirements of the Order when in theCounty. Individuals experiencing homelessness are exempt from this Section, but are strongly urged toobtain shelter, and governmental and other entities are strongly urged to, as soon as possible, make suchshelter available and provide handwashing or hand sanitation facilities to persons who continueexperiencing homelessness.4. When people need to leave their place of residence for the limited purposes allowed in this Order, theymust strictly comply with Social Distancing Requirements as defined in Section 15.k, except asexpressly provided in this Order, and must wear Face Coverings as provided in, and subject to thelimited exceptions in, Health Officer Order No. c 19-8 issued on April 17, 2020 (the "Face CoveringOrder").5. All businesses with a facility in the County, except Essential Businesses, Outdoor Businesses, andAdditional Businesses, as defined in Section 15, are required to cease all activities at facilities locatedwithin the County except Minimum Basic Operations, as defined in Section 15. For clarity, allbusinesses may continue operations consisting exclusively of owners, personnel, volunteers, orcontractors performing activities at their own residences (i.e., working from home). All EssentialBusinesses are strongly encouraged to remain open. But all businesses are directed to maximize thenumber of personnel who work from home. Essential Businesses, Outdoor Businesses, and AdditionalBusinesses may only assign those personnel who cannot perform their job duties from home to work2 of 15
SAN MATEO COUNTY HEALTHt^?/15 PUBLIC HEALTH,~^V</ POLICY & PLANNPLANNINGoutside the home. Outdoor Businesses must conduct all business and transactions involving members ofthe public outdoors.6. As a condition of operating under this Order, the operators of all businesses must prepare or update,post, implement, and distribute to their personnel a Social Distancing Protocol for each of their facilitiesin the County frequented by personnel or members of the public, as specified in Section 15.h. Inaddition to the Social Distancing Protocol, all businesses allowed to operate under this Order mustfollow any industry-specific guidance issued by the Health Officer related to COVID-19 and anyconditions on operation specified in this Order, including those specified in Appendix C-l. Except asotherwise provided in Appendix C-l, businesses that include an Essential Business or Outdoor Businesscomponent at their facilities alongside other components must, to the extent feasible, scale down theiroperations to the Essential Business and Outdoor Business components only; provided, however, mixedretail businesses that are otherwise allowed to operate under this Order may continue to stock and sellnon-essential products.7. All public and private gatherings of any number of people occurring outside a single household or livingunit are prohibited, except for the limited purposes expressly permitted in this Order and the Vehicle-Based Gathering Order issued May 11, 2020 Health Officer Order No. d 9-9 (the "Vehicle-BasedGathering Order"). Nothing in this Order prohibits members of a single household or living unit fromengaging in Essential Travel, Essential Activities, Outdoor Activities, or Additional Activities together.8. All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, orpublic transit, except Essential Travel, as defined below in Section 15.i, is prohibited. People may usepublic transit only for purposes of performing Essential Activities, Outdoor Activities, or AdditionalActivities, or to travel to and from Essential Businesses, Outdoor Businesses, or Additional Businesses,to maintain Essential Governmental Functions, or to perform Minimum Basic Operations at businessesthat are not allowed to resume operations. Transit agencies and people riding on public transit mustcomply with Social Distancing Requirements, as defined in Section 15.k, to the greatest extent feasible,and personnel and passengers must wear Face Coverings as required by the Face Covering Order. ThisOrder allows travel into or out of the County only to perform Essential Activities, Outdoor Activities, orAdditional Activities; to operate, perfonn work for, or access a business allowed to operate under thisOrder; to perform Minimum Basic Operations at other businesses; or to maintain EssentialGovernmental Functions.9. This Order is issued based on evidence of continued significant community transmission ofCOVID-19within the County and throughout the Bay Area; continued uncertainty regarding the degree ofundetected asymptomatic transmission; scientific evidence and best practices regarding the mosteffective approaches to slow the transmission of communicable diseases generally and CO VID-19specifically; evidence that the age, condition, and health of a significant portion of the population of theCounty places it at risk for serious health complications, including death, from CO VID-19; and furtherevidence that others, including younger and otherwise healthy people, are also at risk for seriousoutcomes. Due to the outbreak of the COVID-19 disease in the general public, which is now apandemic according to the World Health Organization, there is a public health emergency throughoutthe County. Making the problem worse, some individuals who contract the virus causing the COVID-193 of 15
^y- SAN MATEO COUNTY HEALTHiff^i PUBLIC HEALTH,~^W POLICY & PLANNPLANNINGdisease have no symptoms or have mild symptoms, which means they may not be aware they carry thevims and are transmitting it to others. Further, evidence shows that the vims can survive for hours todays on surfaces and be indirectly transmitted between individuals. Because even people withoutsymptoms can transmit the infection, and because evidence shows the infection is easily spread,gatherings and other direct or indirect interpersonal interactions can result in preventable transmission ofthe virus.10. The collective efforts taken to date regarding this public health emergency have slowed the virus'trajectory, but the emergency and the attendant risk to public health remain significant. As of May 15,2020, there are 1575 confirmed cases ofCOVID-19 in the County (up from 44 on March 15, 2020, justbefore the first shelter-in-place order) as well as at least 9,660 confirmed cases (up from 2,092confirmed cases on March 15, 2020) and at least 351 deaths (up from 51 deaths on March 15, 2020) inthe seven Bay Area jurisdictions jointly issuing this Order. The cumulative number ofconfimied casescontinues to increase, though the rate of increase has slowed in the weeks leading up to this Order.Evidence suggests that the restrictions on mobility and Social Distancing Requirements imposed by thePrior Order (and the orders that preceded it) are slowing the rate of increase in community transmissionand confirmed cases by limiting interactions among people, consistent with scientific evidence of theefficacy of similar measures in other parts of the country and world.11. The local health officers who jointly issued the Prior Order are monitoring several key indicators("COVID-19 Indicators"), which are among the many factors informing their decisions whether tomodify existing shelter-in-place restrictions. Progress on some of these COVID-19 Indicators—specifically related to hospital utilization and capacity makes it appropriate, at this time, to allow certainAdditional Businesses to resume operations and Additional Activities to take place under specifiedconditions, as set forth in Appendixes C-l and C-2. But the continued prevalence of the vims thatcauses COVID-19 requires most activities and business functions to remain restricted, and thoseactivities that are allowed to occur must do so subject to social distancing and other infection controlpractices identified by the Health Officer. Evaluation of the CO VID-19 Indicators will be critical todeterminations by the local health officers regarding whether the restrictions imposed by this Order willbe further modified to ease or tighten the restrictions imposed by this Order and augment, limit, orprohibit the Additional Businesses and Additional Activities allowed to resume. The Health Officer willcontinually review whether modifications to the Order are warranted based on (1) progress on theCO VID-19 Indicators; (2) developments in epidemiological and diagnostic methods for tracing,diagnosing, treating, or testing for COVID-19; and (3) scientific understanding of the transmissiondynamics and clinical impact ofCOVID-19. The COVID-19 Indicators include, but are not limited to,the following:a. The capacity of hospitals and the health system in the County and region, including acute carebeds and intensive care unit beds, to provide care for COVID-19 patients and other patients,including during a surge in CO VID-19 cases.b. The supply of personal protective equipment ("PPE") available for hospital staff and otherhealthcare providers and personnel who need PPE to safely respond to and treat COVID-19patients.4 of 15
^SAN MATEO COUNTY HEALTHiff^^i PUBLIC HEALTH,~^V</ POLICY & PLANNPLANNINGc. The ability and capacity to quickly and accurately test persons to determine whether they areCOVID-19 positive, especially those in vulnerable populations or high-risk settings oroccupations.d. The ability to conduct case investigation and contact tracing for the volume of cases andassociated contacts that will continue to occur, isolating confirmed cases and quarantiningpersons who have had contact with confinned cases.12. The scientific evidence shows that at this stage of the emergency, it remains essential to continue to slowvirus transmission to help (a) protect the most vulnerable; (b) prevent the health care system from beingoverwhelmed; (c) prevent long-term chronic health conditions, such as cardiovascular, kidney, andrespiratory damage and loss of limbs from blood dotting; and (d) prevent deaths. Continuation of thePrior Order is necessary to slow the spread of the COVID-19 disease, preserving critical and limitedhealthcare capacity in the County and advancing toward a point in the public health emergency wheretransmission can be controlled. At the same time, since the Prior Order was issued the County hascontinued to make progress in expanding health system capacity and healthcare resources and in slowingcommunity transmission ofCOVID-19. In light of progress on these indicators, and subject tocontinued monitoring and potential public health-based responses, in addition to those already allowedto operate under the Prior Order as Essential Businesses and Outdoor Businesses, it is appropriate at thistime to begin allowing operation of specified Additional Businesses. These businesses are identifiedbased on health-related considerations and transmission risk factors including, but not limited to, theintensity and quantity of contacts and the ability to substantially mitigate transmission risks associatedwith the operations.13. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Proclamationof a State of Emergency issued by Governor Gavin Newsom, the March 3, 2020 Proclamation by theDirector of Emergency Services Declaring the Existence of a Local Emergency in the County, theMarch 3, 2020 Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19) issued by the Health Officer, the March 10, 2020 Resolution of the Board of Supervisors of theCounty of San Mateo Ratifying and Extending the Declaration of a Local Health Emergency, the April7, 2020, Board of Supervisors' Resolution Further Extending the Proclamation of Local HealthEmergency Until the County Takes Action to Terminate the Local Emergency, the April 15,2020 Orderof the Health Officer No. c 19-1b extending and revising the Order restricting visitors to skilled nursingfacilities to all residential type facilities, the April 13, 2020 Order of the Health Officer No. cl9-3cextending and revising the School Operations Modification Order, the March 24, 2020 Order of theHealth Officer No. c 19-4 directing all laboratories conducting CO VID-19 diagnostic tests to reportCOVID-19 test information, the April 6, 2020 Orders of the Health Officer Nos. cl9-6 and cl9-7requiring isolation for COVID-19 positive individuals and quarantine of Close Contacts ofCOVID-19positive individuals, the Face Covering Order, the May 11, 2020 Order of the Health Officer No. c 19-9allowing for certain highly regulated vehicle-based gatherings, and the May 13, 2020 Order of theHealth Officer No. d 9-10 directing clinical laboratories to accept assignments for diagnostic tests fromOptum Serve and Logistics Health Inc.5 of 15
SAN MATEO COUNTY HEALTHr^vr ^t^?>15 PUBLIC HEALTH,~<^</ POLICY & PLANNPLANNING14. This Order is also issued in light of the March 19, 2020 Order of the State Public Health Officer (the"State Shelter Order"), which set baseline statewide restrictions on non-residential business activities,effective until further notice, and the Governor's March 19, 2020 Executive Order N-33-20 directingCalifornia residents to follow the State Shelter Order. The May 4, 2020 Executive Order issued byGovernor Newsom and May 7, 2020 Order of the State Public Health Officer permit certain businessesto reopen if a local health officer believes the conditions in that jurisdictions warrant it, but expresslyachiowledge the authority of local health officers to establish and implement public health measureswithin their respective jurisdictions that are more restrictive than those implemented by the State PublicHealth Officer. This Order may adopt in certain respects more stringent restrictions addressing theparticular facts and circumstances in this County, which are necessary to control the public healthemergency as it is evolving within the County and the Bay Area. Without this tailored set of restrictionsthat further reduces the number of interactions between persons, scientific evidence indicates that thepublic health crisis in the County will worsen to the point at which it may overtake available health careresources within the County and increase the death rate. Also, this Order enumerates additionalrestrictions on non-work-related travel not covered by the State Shelter Order; sets forth mandatorySocial Distancing Requirements for all individuals in the County when engaged in activities outsidetheir residences; and adds a mechanism to ensure that all businesses with facilities that are allowed tooperate under the Order comply with the Social Distancing Requirements. Where a conflict existsbetween this Order and any state public health order related to the CO VID-19 pandemic, the mostrestrictive provision controls. Consistent with California Health and Safety Code section 131080 andthe Health Officer Practice Guide for Communicable Disease Control in California, except where theState Health Officer may issue an order expressly directed at this Order and based on a finding that aprovision of this Order constitutes a menace to public health, any more restrictive measures in this Ordercontinue to apply and control in this County. In addition, to the extent any federal guidelines allowactivities that are not allowed by this Order, this Order controls and those activities are not allowed.15. Definitions and Exemptions.a. For the purposes of this Order, individuals may leave their residence only to perform thefollowing "Essential Activities." But people at high risk of severe illness from COVID-19 andpeople who are sick are strongly urged to stay in their residence to the extent possible, except asnecessary to seek or provide medical care or Essential Governmental Functions. EssentialActivities are:i. To engage in activities or perform tasks important to their health and safety, or to thehealth and safety of their family or household members (including pets), such as, by wayof example only and without limitation, obtaining medical supplies or medication, orvisiting a health care professional.ii. To obtain necessary services or supplies for themselves and their family or householdmembers, or to deliver those services or supplies to others, such as, by way of exampleonly and without limitation, canned food, dry goods, fresh fmits and vegetables, petsupply, fresh meats, fish, and poultry, and any other household consumer products, orproducts necessary to maintain the habitability, sanitation, and operation of residences.6 of 15
<(^^£ SAN MATEO COUNTY HEALTHI^S^ PUBLIC HEALTH,<iV POLICY & PLANNPLANNINGiii. To engage in outdoor recreation activity, including, by way of example and withoutlimitation, walking, hiking, bicycling, and running, in compliance with Social DistancingRequirements and with the following limitations:1. Outdoor recreation activity must take place consistent with the followingrestrictions. For clarity, this restriction applies not only to San Mateo Countyresidents, but equally to residents of other counties who wish to travel to theCounty for outdoor recreation:a. Outdoor recreation activity at parks, beaches, and other open spaces mustcomply with any restrictions on access and use established by the HealthOfficer, government, or other entity that manages such area to reducecrowding, prevent use of shared equipment outside a household and risk oftransmission ofCOVID-19. Such restrictions may include, but are notlimited to, restricting the number of entrants, closing the area to vehicularaccess and parking, or closure to all public access. Parks, beaches, andother open spaces that remain open must be actively monitored andmanaged by the appropriate authority;b. Between the hours of 11:00 a.m. and 5:00 p.m., all public access to parks,trails, and beaches west of Highway 1 must be initiated from one'sresidence and may not involve the use of a motor vehicle to travel to anysuch recreational area (unless necessary to accommodate a physicalimpairment where the individual's residence is within reasonable walkingdistance of the beach). The purpose of this limitation is to ameliorate thecontinued gathering and crowding in the parks, trails, and beaches near thecoast;c. Beach parking may be closed to the public. Further, local authorities areauthorized and encouraged to close and/or prohibit as much parking inareas adjacent to beaches as necessary to prevent crowds; andd. Beaches are to be used only for mnning, walking, cycling, water sports, orother form of physical activity. The following items are prohibited for useor possession on a beach: umbrellas; shade stmctures; tents; BBQs andgrills; coolers; chairs, hammocks, and other conveyances designed to sitand or lounge;2. Except as otherwise provided in Appendix C-2, use of outdoor recreational areasand facilities with high-touch equipment or that encourage gathering, including,but not limited to, playgrounds, gym equipment, climbing walls, picnic areas, dogparks, spas, and barbecue areas, is prohibited outside of residences, and all suchareas shall be closed to public access including by signage and, as appropriate, byphysical barriers;3. Except as otherwise provided in Appendix C-2, sports or activities that includethe use of shared equipment or physical contact between participants may only beengaged in by members of the same household or living unit.4. Use of shared outdoor facilities for recreational activities that may occur outsideof residences consistent with the restrictions set forth in subsections 1, 2,and 3,above, including, but not limited to, golf courses, skate parks, and athletic fields,7 of 15
SAN MATEO COUNTY HEALTH|gl/^ PUBLIC HEALTH,~^</ POLICY & PLANNPLANNINGc.d.IV.V.VI.Vll.vm.IX.must, before they may begin, comply with social distancing and health/safetyprotocols posted at the site and any other restrictions, including prohibitions, onaccess and use established by the Health Officer, government, or other entity thatmanages such area to reduce crowding and risk of transmission ofCOVID-19;andTo perform work for or access an Essential Business, Outdoor Business, or AdditionalBusiness; or to otherwise cany out activities specifically pennitted in this Order,including Minimum Basic Operations, as defined in this Section.To provide necessary care for a family member or pet in another household who has noother source of care.To attend a funeral with no more than 10 individuals present.To move residences. When moving into or out of the Bay Area region, individuals arestrongly urged to quarantine for 14 days. To quarantine, individuals should follow theguidance of the United States Centers for Disease Control and Prevention.To engage in Additional Activities, as specified in Appendix C-2.To participate in a vehicle-based gathering as permitted in the Vehicle-Based GatheringOrder.b.if,For the purposes of this Order, individuals may leave their residence to work for, volunteer at, orobtain services at "Healthcare Operations," including, without limitation, hospitals, clinics,CO VID-19 testing locations, dentists, pharmacies, blood banks and blood drives, pharmaceuticaland biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcareservices providers, mental health providers, or any related and/or ancillary healthcare services."Healthcare Operations" also includes veterinary care and all healthcare services provided toanimals. This exemption for Healthcare Operations shall be constmed broadly to avoid anyinterference with the delivery ofhealthcare, broadly defined. "Healthcare Operations" excludesfitness and exercise gyms and similar facilities.For the purposes of this Order, individuals may leave their residence to provide any services orperform any work necessary to the operation and maintenance of "Essential Infrastructure,"including airports, utilities (including water, sewer, gas, and electrical), oil refining, roads andhighways, public transportation, solid waste facilities (including collection, removal, disposal,recycling, and processing facilities), cemeteries, mortuaries, crematoriums, andtelecommunications systems (including the provision of essential global, national, and localinfrastructure for internet, computing services, business infrastructure, communications, andweb-based services).For the purposes of this Order, all first responders, emergency management personnel,emergency dispatchers, court personnel, and law enforcement personnel, and others who need toperfonn essential services are categorically exempt from this Order to the extent they areperforming those essential services. Further, nothing in this Order shall prohibit any individualfrom perfonning or accessing "Essential Governmental Functions," as determined by thegovernmental entity performing those functions in the County. Each governmental entity shallidentify and designate appropriate personnel, volunteers, or contractors to continue providing8 of 15
.^<SAN MATEO COUNTY HEALTHjgl/^ PUBLIC HEALTH,~^V POLICY & PLANNPLANNINGe.f.and carrying out any Essential Governmental Functions, including the hiring or retention of newpersonnel or contractors to perform such functions. Each governmental entity and its contractorsmust employ all necessary emergency protective measures to prevent, mitigate, respond to, andrecover from the COVID-19 pandemic, and all Essential Governmental Functions shall beperformed in compliance with Social Distancing Requirements to the greatest extent feasible.For the purposes of this Order, a "business" includes any for-profit, non-profit, or educationalentity, whether a corporate entity, organization, partnership or sole proprietorship, and regardlessof the nature of the service, the function it performs, or its corporate or entity structure.11.For the purposes of this Order, "Essential Businesses" are:i. Healthcare Operations and businesses that operate, maintain, or repair EssentialInfrastmcture;Grocery stores, certified farmers' markets, farm and produce stands, supermarkets, foodbanks, convenience stores, and other establishments engaged in the retail sale ofunprepared food, canned food, dry goods, non-alcoholic beverages, fresh fhiits andvegetables, pet supply, fresh meats, fish, and poultry, as well as hygienic products andhousehold consumer products necessary for personal hygiene or the habitability,sanitation, or operation of residences. The businesses included in this subparagraph (ii)include establishments that sell multiple categories of products provided that they sell asignificant amount of essential products identified in this subparagraph, such as liquorstores that also sell a significant amount of food.Food cultivation, including farming, livestock, and fishing;Businesses that provide food, shelter, and social services, and other necessities of life foreconomically disadvantaged or otherwise needy individuals;Construction, but only as permitted under the State Shelter Order and only pursuant to theConstmction Safety Protocols listed in Appendix B and incorporated into this Order bythis reference. Public works projects shall also be subject to Appendix B, except if otherprotocols are specified by the Health Officer;Newspapers, television, radio, and other media services;Gas stations and auto-supply, auto-repair (includmg, but not limited to, for cars, tmcks,motorcycles and motorized scooters), and automotive dealerships, but only for thepurpose of providing auto-supply and auto-repair services. This subparagraph (vii) doesnot restrict the on-line purchase of automobiles if they are delivered to a residence orEssential Business;Bicycle repair and supply shops;Banks money remittance services, financing services at pawn shops, check cashingservices, money lenders, and similar financial institutions. For businesses that mix afinancial service component with a retail or other component, only the financial servicecan be open;Service providers that enable real estate transactions (including rentals, leases, and homesales), including, but not limited to, real estate agents, escrow agents, notaries, and titlecompanies, provided that appointments and other residential real estate viewings mustonly occur virtually or, if a virtual viewing is not feasible, by appointment with no more111.IV.V.VI.Vll.Vlll.IX.X.9 of 15
<(^^- SAN MATED COUNTY HEALTHtS>^ PUBLIC HEALTH,~<W POLICY & PLANNPLANNINGthan two visitors at a time residing within the same household or living unit and oneindividual showing the unit (except that in person visits are not allowed when theoccupant is present in the residence);xi. Hardware stores;xii. Plumbers, electricians, exterminators, and other service providers who provide servicesthat are necessary to maintaining the habitability, sanitation, or operation of residencesand Essential Businesses;xiii. Businesses providing mailing and shipping services, including post office boxes;xiv. Educational institutions—including public and private K-12 schools, colleges, anduniversities—for purposes of facilitating distance learning or performing essentialfunctions, or as allowed under subparagraph xxvi, provided that social distancing of sixfeet per person is maintained to the greatest extent possible;xv. Laundromats, drycleaners, and laundry service providers;xvi. Restaurants and other facilities that prepare and serve food, but only for delivery or carryout. Schools and other entities that typically provide free food services to students ormembers of the public may continue to do so under this Order on the condition that thefood is provided to students or members of the public on a pick-up and take-away basisonly. Schools and other entities that provide food services under this exemption shall notpermit the food to be eaten at the site where it is provided, or at any other gathering site;xvii. Funeral home providers, mortuaries, cemeteries, and crematoriums, to the extentnecessary for the transport, preparation, or processing of bodies or remains;xviii. Businesses that supply other Essential Businesses and Outdoor Businesses with thesupport or supplies necessary to operate, but only to the extent that they support or supplythese businesses. This exemption shall not be used as a basis for engaging in sales to thegeneral public from retail storefronts;xix. Businesses that have the primary function of shipping or delivering groceries, food, orother goods directly to residences or businesses. This exemption shall not be used toallow for manufacturing or assembly of non-essential products or for other functionsbesides those necessary to the delivery operation;xx. Airlines, taxis, rental car companies, rideshare services (including shared bicycles andscooters), and other private transportation providers providing fa-ansportation servicesnecessary for Essential Activities and other purposes expressly authorized in this Order;xxi. Home-based care for seniors, adults, children, and pets;xxii. Residential facilities and shelters for seniors, adults, and children;xxiii. Professional services, such as legal, notary, or accounting services, when necessary toassist in compliance with non-elective, legally required activities or in relation to death orincapacity;xxiv. Services to assist individuals in finding employment with Essential Businesses;xxv. Moving services that facilitate residential or commercial moves that are allowed underthis Order; andxxvi. Childcare establishments, summer camps, and other educational or recreationalinstitutions or programs providing care or supervision for children of all ages. To theextent possible and compliant with any licensing requirements, these operations must alsocomply with the following conditions:10 of 15
y^iiff>^ PUBLIC HEALTH,^V</ POLICY & PLANNPLANNINGg.1. They must be carried out in stable groups of 12 or fewer children ("stable" meansthat the same 12 or fewer children are in the same group each day and for at leastfour consecutive weeks).Children shall not change from one group to another or attend more than onechildcare establishment, summer camp, other educational or recreationalinstruction or program simultaneously.If more than one group of children is at one facility, each group shall be in aseparate rooms or spaces that cannot be accessed by children or adults outside thestable group. Groups shall not mix with each other.Providers, educators and other staff cannot serve more than one group of childrenand shall remain solely with that group of children during the duration of thechildcare establishment, summer camp, other educational or recreationalinstitution or program.2.3.4.For the purposes of this Order, "Minimum Basic Operations" means the following activities forbusinesses, provided that owners, personnel, and contractors comply with Social DistancingRequirements as defined this Section, to the extent possible, while carrying out such operations:i. The minimum necessary activities to maintain and protect the value of the business'sinventory and facilities; ensure security, safety, and sanitation; process payroll andemployee benefits; provide for the delivery of existing inventory directly to residences orbusinesses; and related functions. For clarity; this section does not pemiit businesses toprovide curbside pickup to customers.ii. The minimum necessary activities to facilitate owners, personnel, and contractors of thebusiness being able to continue to work remotely from their residences, and to ensure thatthe business can deliver its service remotely.h. For the purposes of this Order, all businesses that are operating at facilities in the County visitedor used by the public or personnel must, as a condition of such operation, prepare and post a"Social Distancing Protocol" for each of these facilities; provided, however, that constmctionactivities shall instead comply with the Construction Project Safety Protocols set forth inAppendix B and not the Social Distancing Protocol. The Social Distancing Protocol must besubstantially in the form attached to this Order as Appendix A, and it must be updated from priorversions to address new requirements listed in this Order or in related guidance or directivesfrom the Health Officer. The Social Distancing Protocol must be posted at or near the entranceof the relevant facility, and shall be easily viewable by the public and personnel. A copy of theSocial Distancing Protocol must also be provided to each person performing work at the facility.All businesses subject to this paragraph shall implement the Social Distancing Protocol andprovide evidence of its implementation to any authority enforcing this Order upon demand. TheSocial Distancing Protocol must explain how the business is achieving the following, asapplicable:i. Limiting the number of people who can enter into the facility at any one time to ensurethat people in the facility can easily maintain a minimum six-foot distance from oneanother at all times, except as required to complete Essential Business activity;11 of 15
^^P's. SAN MATEO COUNTY HEALTHiff>^ PUBLIC HEALTH,~<^V POLICY & PLANNPLANNINGii. Requiring face coverings to be worn by all persons entering the facility, other than thoseexempted from face covering requirements (e.g. young children);iii. Where lines may form at a facility, marking six-foot increments at a minimum,establishing where individuals should stand to maintain adequate social distancing;iv. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entranceof the facility and in other appropriate areas for use by the public and personnel, and inlocations where there is high-frequency employee interaction with members of the public(e.g. cashiers);v. Providing for contactless payment systems or, if not feasible to do so, the providing fordisinfecting all payment portals, pens, and styluses after each use;vi. Regularly disinfecting other high-touch surfaces;vii. Posting a sign at the entrance of the facility informing all personnel and customers thatthey should: avoid entering the facility if they have any COVID-19 symptoms; maintain aminimum six-foot distance from one another; sneeze and cough into one's elbow; notshake hands or engage in any unnecessary physical contact; andviii. Any additional social distancing measures being implemented (see the Centers forDisease Control and Prevention's guidance at: https://www.cdc.gov/coronavirus/2019-ncov/commumty/guidance-business-resoonse.htanl).i. For the purposes of this Order, "Essential Travel" means travel for any of the followingpurposes:i. Travel related to the provision of or access to Essential Activities, EssentialGovernmental Functions, Essential Businesses, Minimum Basic Operations, OutdoorActivities, Outdoor Businesses, Additional Activities, and Additional Businesses.ii. Travel to care for any elderly, minors, dependents, or persons with disabilities.iii. Travel to or from educational institutions for purposes of receiving materials for distancelearning, for receiving meals, and any other related services.iv. Travel to return to a place of residence from outside the County.v. Travel required by law enforcement or court order.vi. Travel required for non-residents to return to their place of residence outside the County.Individuals are strongly encouraged to verify that their transportation out of the Countyremains available and functional prior to commencing such travel.vii. Travel to manage after-death arrangements and burial.viii. Travel to arrange for shelter or avoid homelessness.ix. Travel to avoid domestic violence or child abuse.x. Travel for parental custody arrangements.xi. Travel to a place to temporarily reside in a residence or other facility to avoid potentiallyexposing others to COVID-19, such as a hotel or other facility provided by agovernmental authority for such purposes.xii. Travel to participate in a vehicle-based gathering as permitted by the Vehicle-BasedGathering Order.j. For purposes of this Order, "residences" include hotels, motels, shared rental units, and similarfacilities. Residences also include living structures and outdoor spaces associated with those12 of 15
.^.SAN MATED COUNTY HEALTHt^J/^ PUBLIC HEALTH,^^</ POLICY & PLANNPLANNINGliving stmctures, such as patios, porches, backyards, and front yards that are only accessible to asingle family or household unit.k. For purposes of this Order, "Social Distancing Requirements" means:i. Maintaining at least six-foot social distancing from individuals who are not part of thesame household or living unit;ii. Frequently washing hands with soap and water for at least 20 seconds, or using handsanitizer that is recognized by the Centers for Disease Control and Prevention as effectivein combatting CO VID-19;iii. Covering coughs and sneezes with a tissue or fabric or, if not possible, into the sleeve orelbow (but not into hands);iv. Wearing a face covering when out in public, consistent with the orders or guidance of theHealth Officer; andv. Avoiding all social interaction outside the household when sick with a fever, cough, orother COVID-19 symptoms.All individuals must sta-ictly comply with Social Distancing Requirements, except to the limitedextent necessary to provide care (including childcare, adult or senior care, care to individualswith special needs, and patient care); as necessary to cany out the work of Essential Businesses,Essential Governmental Functions, or provide for Minimum Basic Operations; or as otherwiseexpressly provided in this Order. Outdoor Activities, Outdoor Businesses, Additional Activities,and Additional Businesses must strictly adhere to these Social Distancing Requirements.For purposes of this Order, "Outdoor Businesses" means:i. The following businesses that normally operated primarily outdoors prior to March 16,2020 and where there is the ability to fully maintain social distancing of at least six feetbetween all persons and can be operated such that all business and transactions involvingmembers of the public can occur outdoors:1. Businesses primarily operated outdoors, such as wholesale and retail plantnurseries, agricultural operations, and garden centers.2. Service providers that primarily provide outdoor services, such as landscapingand gardening services, and environmental site remediation services.1.For clarity, "Outdoor Businesses" do not include outdoor restaurants, cafes, or bars.Except as otherwise provided in Appendix C-l, they also do not include businesses thatpromote large, coordinated, and prolonged gatherings, such as outdoor concert venuesand amusement parks.m. For purposes of this Order, "Outdoor Activities" means:i. To obtain goods, services, or supplies from, or perfonn work for, an Outdoor Business.ii. To engage in outdoor recreation as permitted in Section 15.a.n. For purposes of this Order, "Additional Business" means any business, entity, or otherorganization identified as an Additional Business in Appendix C-l, which will be updated as13 of 15
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