Ordinance 3271CITY OF ALAMEDA ORDINANCE NO. 3271
New Series
AN URGENCY UNCODIFIED ORDINANCE SUSPENDING DURING
THE LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC
CERTAIN PROVISIONS OF THE CITY'S "SUNSHINE ORDINANCE"
TO THE EXTENT INCONSISTENT WITH CERTAIN EXECUTIVE
ORDERS OF THE GOVERNOR OF THE STATE OF CALIFORNIA
ARISING FROM THE STATE OF EMERGENCY CAUSED BY THE
COVID-19 PANDEMIC
WHEREAS, Section 3-12 of the City Charter authorizes the City Council, with a
4/5 vote, to adopt, as an urgency measure, an ordinance for the immediate
preservation of the public health or safety without following the procedures otherwise
required prior to adoption of an ordinance; and
WHEREAS, Government Code Section 36937 allows a city, including a charter
city, to adopt an urgency ordinance to take effect immediately upon its adoption for the
preservation of the public peace, health or safety upon a finding of facts constituting the
urgency thereof; and
WHEREAS, conditions of extreme peril to the health, safety and welfare of persons
have arisen in the world, the nation, the State, the County of Alameda and the City of
Alameda due to the following:
A novel coronavirus (named the COV!D-19 virus by the World Health Organization,
hereinafter "COVID-19") was first detected in December 2019. The Center for Disease
Control and Prevention (CDC) has stated that COVID-19 is a serious public health threat,
based on current information. Cases of COVID-19 have been diagnosed throughout the
world, the United States, the State of California, the County of Alameda and the City of
Alameda.
The exact modes of transmission of COVID-19, the factors facilitating human to
human transmission, the extent of asymptomatic viral shedding, the groups most at risk of
serious illness, the attack rate, and the case fatality rate all remain active areas of
investigation. The CDC believes, at this time, the symptoms appear two to fourteen days
after exposure. Currently, there are no vaccine or specific anti-viral treatment for COVID-
19.
Actions are being taken to protect public health and limit the spread of COVID-19
but the whether those actions will be successful is unknown at this time.
Due to the COVID-19 pandemic, the President of the United States has declared a
national emergency, the Governor of the State of California has declared a State of
Emergency for the State and issued numerous Executive Orders to protect the public,
County Health Officers throughout the State, including the County of Alameda, have also
issued orders and directives in an effort to protect the public, and, on March 17, 2020, in
response the COVID-19 pandemic, the City Council of the City of Alameda declared a local
emergency as set forth in Ordinance No. 3267; and
WHEREAS, Executive Order N-29-20, issued by Governor Newsom on March 17
2020 suspended certain provisions of the State's Open Meeting Law (the Brown Act) so
that meetings of local legislative body may conduct its meetings by teleconference, rather
than in person, so long as certain notice requirement are met, such as giving notice of the
time of, and posting the agenda for, public meetings according to the timeframes prescribed
by the Brown Act, and giving notice of the means by which members of the public may
observe the meeting and offer public comment; and
WHEREAS, Executive Order N-35-20, issued by Governor Newsom on March 21,
2020 permits City staff to meet with the full City Council, without complying with the Brown
Act, in order to "provide updates relevant to the declared emergency (including, but not
limited to, updates concerning the impacts of COVID-19), the government's response to
COVID-19, and any other aspects relevant to the declared emergency) from federal, state,
and local officials", provided that Council not deliberate or take action without compliance
with the Brown Act (for example, City staff could do a conference call with all Council
members for the purpose of providing updates on COVID-19, Council may ask questions,
but Council would not deliberate or take action; and
WHEREAS, the City's Sunshine Ordinance, codified in the Alameda Municipal Code
beginning at Section 2-90, contains provisions that may be inconsistent with the provisions
of the Executive Orders set forth above; and
WHEREAS, it is· imperative for the health, safety and welfare of the residents of
Alameda and the general public, that public gatherings, such as a City Council meeting,
not be permitted during the local emergency so long as members of the public may view
the City Council meeting and/or submit comments on agenda item; and
WHEREAS, it is imperative for the health, safety and welfare of the residents of
Alameda and the general public that City staff keep the full City Council fully informed of all
aspects relevant to the declared emergency from the COVID-19 pandemic, so long as the
City Council does not deliberate or take action outside a noticed meeting; and
WHEREAS, due to potential inconsistencies between the Executive Orders and the
Sunshine Ordinance, the City Council or City staff could run afoul of the Sunshine
Ordinance if the inconsistent provisions were not suspended during the state of local
emergency; and
WHEREAS, for reasons set forth above, this ordinance is declared by the City
Council to be necessary for preserving the public welfare, health, or safety and to avoid
a current, immediate and direct threat to the health, safety, or welfare of the
community, and the recitals above taken together constitute the City Council's
statements of the reasons constituting such necessity and urgency; and
WHEREAS, adoption of this ordinance is exempt from review under the California
Environmental Quality Act Guidelines: Section 15378 (not a project); and Section
15061 (b)(3) (no significant environmental impact); and
WHEREAS, by the staff report, testimony, and documentary evidence presented at
the April?, 2020 City Council meeting, the City Council has been provided with additional
information upon which the findings and actions set forth in this ordinance are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ALAMEDA does ordain as follows:
SECTION 1. The City Council finds and determines the foregoing recitals to be
true and correct and hereby incorporates them into this ordinance.
SECTION 2. From the effective date of this urgency ordinance the following
is adopted:
Those provisions of the City's Sunshine Ordinance, beginning at Section 2-90,
Alameda Municipal Code, that are not consistent with, or impose requirements beyond those
explicitly waived or waivable by, the Governor's Executive Orders N-29-20 and N-35-20 are
suspended until such Executive Orders are rescinded or the City Council rescinds its
declaration of a local emergency.
SECTION 3: This ordinance is enacted pursuant to the City of Alameda's general
police powers, Section 3-12 of the Charter of the City of Alameda, Article XI of the
California Constitution, and Government Code Section 36937.
SECTION 4. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council declares that it would have adopted this ordinance and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or
more section, subsection, sentence, clause, or phrase be declared invalid.
SECTION 5. As an emergency ordinance, this Ordinance becomes effective
immediately upon its adoption at a first reading by a four-fifths vote of the City Council.
Attest:
Lara Weisiger, C1ty erk
*****
I certify that the foregoing Ordinance was passed and adopted by the City
Council of the City of Alameda at a regular meeting thereof held on this ?th day of April
2020 by the following vote:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft -5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this ath day of April 2020.
APPROVED AS TO FORM:
Lara Weisiger, Ci
City of Alameda