Ordinance 3272CITY OF ALAMEDA ORDINANCE NO. 3272
New Series
AN URGENCY UNCODIFIED ORDINANCE (A) EXTENDING THE
DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY
TO RESPOND TO THE COVID-19 PANDEMIC FOR THE
DURATION OF THE STATE OF CALIFORNIA'S EMERGENCY
DECLARATION (B) AUTHORIZING THE CITY MANAGER TO
FOREGO THE COMPETITIVE BID PROCESS SUBJECT TO
RATIFICATION BY THE CITY COUNCIL CONSISTENT WITH CITY
CHARTER SECTION 3-15.2 FOR THE DURATION OF THE LOCAL
EMERGENCY AND (c) APPROVING THE CITY MANAGER'S
SPENDING AUTHORITY (UP TO TWO MILLION DOLLARS) TO
ADDRESSTHELOCALEMERGENCY
WHEREAS, the Alameda Municipal Code, Chapter 2-24, defines a local
emergency as "the actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within the jurisdiction"; and
WHEREAS, Government Code Section 8630 empowers the City Council to
proclaim a local emergency by ordinance when the City of Alameda is affected by a public
calamity and/or a serious threat to the public health, safety and welfare; and
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 peace, health or safety upon a finding of facts constituting the urgency
thereof; and
WHEREAS, Section 3-15.2 of the City Charter authorizes the City Manager to
forego the competitive bidding process, subject to City Council ratification, for the duration
of the local emergency; and
WHEREAS, the City Manager has requested that he be authorized to spend up to
two million dollars to address local and operational needs arising out of the COVID-19
local emergency; and
WHEREAS, on March 17, 2020, the City Council made findings that due to the
COVID-19 pandemic, conditions of extreme peril to the health, safety and welfare of
persons have arisen in the City of Alameda and, based thereon, adopted an urgency
ordinance (Ordinance No. 3267) declaring that a local emergency exists in the City of
Alameda as a result of the COVID-19 pandemic; and
WHEREAS, Ordinance No. 3267 adopted various measures in response to the
local emergency; and
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WHEREAS, Ordinance No. 3267 is in effect only until April 7, 2020, unless
extended; and
WHEREAS, the Governor of the State of California, due to the COVID-19
pandemic, has declared a State of Emergency that is expected to continue beyond April
7,2020;and
WHEREAS, for the reasons set forth in detail in Ordinance No. 3267, which
reasons are incorporated herein by reference, there remains within the City of Alameda
conditions of extreme peril to the health, safety and welfare to persons and the local
emergency continues to exist by reason of the COVID-19 pandemic; and
WHEREAS, for the reasons expressed above and the reasons expressed in
Ordinance No. 3267, this ordinance is declared by the City Council to be necessary for
preserving the public health, safety and welfare and to avoid a current, immediate and
direct threat to the health, safety and welfare of the community, and recitals above and
the recitals in Ordinance No. 3267, taken together, constitute the City Council's statement
of 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 agenda reports, comments, and documentary evidence
presented at the March 17, 2020 and April 7, 2020 meetings, 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 that the foregoing recitals to be
true and correct and hereby incorporates them into this ordinance.
Section 2. The City Council declares as of the effective date of this urgency
ordinance that a local emergency continues to exist in the City of Alameda as a result of
the COVID-19 pandemic and that this declaration of local emergency shall continue until
the State's declaration of emergency is rescinded, or sooner should it be appropriate to
lift the local emergency declaration prior to State action.
Section 3. The measures that were adopted in Section 3 of Ordinance 3267 are
incorporated herein by reference, are adopted, and are to continue in full force and effect
until the State's declaration of emergency is rescinded.
Section 4. As provided by Section 3-15.2 of the City Charter, the City Manager is
authorized to forego the competitive bidding process, subject to City Council ratification,
for the duration of the local emergency.
Section 5. The City Manager is authorized to spend up to two million dollars to
address local and operational impacts arising out of the COVID-19 local emergency;
provided, however, the City Manager will request, as soon as practical, City Council
ratification for any such spending over $75,000 that had not been previously budgeted.
Section 6. This ordinance is enacted pursuant to the City of Alameda's general
police powers, Alameda Municipal Code, Chapter 2-24, Section3-12 of the Charter of the
City of Alameda, Article XI of the California Constitution, and Government Code, section
36937 and 8630.
Section 7. If any section, subsection, sentence, clause of 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 or phrase, regardless that any one or more sections, subsections,
sentences, clauses or phrases are found invalid.
Section 8. As an urgency ordinance, this ordinance becomes effective
immediately upon its adoption at a first reading by a four fifths vote of the City Council.
Attest: