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Ordinance 3274CITY OF ALAMEDA ORDINANCE NO. 3274 New Series AN URGENCY UNCODIFIED ORDINANCE IMPLEMENTING EMERGENCY MEASURES TO ASSIST LOCAL BUSINESSES DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC WHEREAS, Section 3-12 of the City Charter authorizes the City Council, with a four-fifths vote, to adopt, as an urgency measure, an ordinance for the immediate preservation of the public peace, 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 ("City") due to the following: International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2," and the disease it causes which has been named "coronavirus disease 2019," abbreviated COVID-19 ("COVID-19"). 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 CO VI D-19 but whether those actions will be successful is unknown at this time. WHEREAS, on March 1 and 5, 2020, the Alameda County Public Health Officer issued Declarations of Local Health Emergency, and on March 1 0, 2020, the Alameda County Board of Supervisors adopted a Resolution ratifying the Declarations of Local Health Emergency, and on March 17, 2020, the Alameda County Board of Supervisors adopted a Resolution ratifying the Declaration of Local Emergency; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread and addressing the effects of COVID-19; and WHEREAS, the CDC, the California Department of Health, and the Alameda County Department of Public Health have all issued recommendations including but not limited to strict adherence to social distancing guidelines, canceling or postponing group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus. Other counties throughout the state have similar directives; and WHEREAS, on March 16, 2020, the Alameda County Public Health Officer issued a countywide order that prohibits all public and private group gatherings and requires people to shelter at their place of residence with limited exceptions ("Prior Shelter Order"). The purpose of the Prior Shelter Order is to restrict and limit gathering of persons and require closures of non-essential retail businesses in an effort to stem or slow the spread of the virus; 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 a local emergency exists in the City as a result of the COVID-19 pandemic, and on April 7, 2020, the City Council made findings that a local emergency continues to exist in the City as a result of the COVID-19 pandemic and, based thereon, adopted an urgency ordinance (Ordinance No. 3272) extending the declaration of the existence of a local emergency; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20, an Order of the State Public Health Officer ordering all individuals living in California to stay home or at their place of residence except as needed to maintain continuity of operations of outlined federal critical infrastructure sectors, which includes grocery stores, restaurant carry-out and quick serve food operations, and cannabis retailers ("State Shelter Order"); and WHEREAS, on March 31, 2020, the Alameda County Public Health Officer issued Order No. 20-04, superseding the Prior Shelter Order to clarify, strengthen and extend certain terms of the Prior Shelter Order until May 3, 2020 ("County Shelter Order"); and WHEREAS, as a result of the State Shelter Order and County Shelter Order, local businesses are experiencing forced closure or major change in operation, or intense increased demand for goods, both of which are challenging during this unprecedented health pandemic. Access to food and essential items has become a major concern because businesses are implementing social distancing practices which create long lines and delivery services do not have capacity to meet demand. Additionally, businesses are having a hard time maintaining essential items stocked and shoppers are responding by purchasing essential products in large quantities resulting in empty shelves and stores unable to maintain essential products; and WHEREAS, the County Shelter Order and California Department of Alcoholic Beverage Control ("ABC") are allowing takeout and delivery of food and alcohol to facilitate continued business operations at restaurants and other establishments, and these important practices require some flexibility in local requirements; and WHEREAS, for the 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, this ordinance is adopted pursuant to the City's police powers and powers afforded to the City in time of national, state, county and local emergency during an unprecedented health pandemic, such powers being afforded by the State Constitution, State law, the City Charter and the Alameda Municipal Code ("AMC") to protect the public welfare, health, and safety, and to protect life and property as affected by the emergency, in that this ordinance facilitates access to food, essential goods, and medication and assists the local business community in dealing with the extreme economic challenges it is facing as a result of measures to slow the spread of COVID-19; and WHEREAS, adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines Sections 15378 (not a project) and 15061 (b)(3) (no significant environmental impact); and WHEREAS, by the staff report, testimony, and documentary evidence presented at the April 21, 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, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA 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. 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. Section 3. In response to this local emergency, from the effective date of this urgency ordinance, notwithstanding any conflicting AMC requirement or license or permit condition, the following rules apply during the period of declared local emergency: a. Sale of Alcoholic Beverages for Off-Site Consumption. Restaurants and retail stores that have a valid City license for onsite alcohol sales and a valid ABC license may temporarily follow the Notice of Regulatory Relief and Second Notice of Regulatory Relief issued by ABC in response to the COVID-19 pandemic, including: (1) Licensees with on- sale privileges may temporarily sell alcohol for offsite consumption in manufacturer pre- packaged containers as to which their license permits on-sale consumption; (2) In addition to selling manufacturer pre-packaged containers as provided above, restaurants selling beer, wine or pre-mixed drinks or cocktails for consumption may temporarily sell those products off the licensed premises when sold in conjunction with meals prepared for pick-up (to-go) or delivery; in compliance with applicable ABC regulations; and (3) all sales may temporarily run from 6:00am to 2:00am consistent with ABC's suspension on enforcement of any license condition restricting the hours of sales and service for licensees exercising off-sale privileges consistent with the Notice of Regulatory Relief and Second Notice of Regulatory Relief. b. Extended Hours of Operation. Any code or permit requirement requiring the closure of restaurants, grocery stores or other essential food-related businesses prior to 2:00 a.m. are temporarily suspended. These establishments may temporarily operate between the hours of 6:00am and 2:00am. Any businesses that avail themselves to this provision shall send an email to the City of Alameda Planning Department at permits@alamedaca.gov indicating the name and address of the business and adjusted hours to be instituted by the business. c. Temporary Advertising Signs. Zoning regulations limiting temporary banners and A-Frame signs are temporarily suspended to allow businesses the opportunity to notify the public of extended hours, additional food sales and availability of other essential goods. Any businesses choosing to erect temporary signs pursuant to this provision shall send an email to the City of Alameda Planning Department at permits@alamedaca.gov indicating the name and address of the business and the types of signs to be erected. d. Grocery Sales. Zoning regulations concerning the conversion of restaurants and other commercial uses to a grocery store/market use are temporarily suspended to temporarily allow commercial establishments to sell food and other essential goods. Any businesses that avail themselves to this provision shall send an email to the City of Alameda Planning Department at permits@alamedaca.gov indicating the name and address of the business and the intent to expand sales to include food or other essential goods. e. Cannabis. Cannabis dispensaries with a city medical license may remain open consistent with the State Shelter Order and the County Shelter Order, and may temporarily provide curbside sales and delivery, upon submittal of an operations plan to the City demonstrating continued compliance with applicable state and local laws and County Shelter Order. f. No Vested Rights Any use or operation undertaken pursuant to this Section shall be temporary in nature and shall not obtain any vested right to continue beyond the period of the declared local emergency. Section 4. Business License taxes and Business Improvement Area fees due to the City are deferred from July 1, 2020 until September 1, 2020, and will not accrue a penalty if paid on or before September 30, 2020. Business license taxes paid after September 30, 2020 will accrue penalties of ten percent (1 0%) per month up to sixty percent (60%). Section 5. Remittance of March 2020, April 2020, and May 2020 Transient Occupancy Taxes ("TOT") to the City from businesses that require TOT collection are deferred for a period not to exceed 60 days. March 2020 TOTs will not accrue a penalty if paid on or before June 30, 2020, April2020 TOTs will not accrue a penalty if paid on or before July 31, 2020, and May 2020 TOTs will not accrue a penalty if paid on or before August 31, 2020. TOTs paid after the deferred deadlines will accrue penalties and interest in accordance with Ordinance No. 3256 and AMC Section 3-61 .13. Section 6. This ordinance is enacted pursuant to the City of Alameda's general police powers, Alameda Municipal Code Chapter 2-24, Section 3-12 of the Charter of the City of Alameda, Article XI of the California Constitution, and Government Code Sections 36937 and 8630. Section 7. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or word be declared invalid. Section 8. As an emergency ordinance, this ordinance shall become effective immediately upon its adoption at a first reading by a four-fifths vote of the City Council. Attest: La ~er,C~ ***** 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 21st day of April 2020 by the following vote: AYES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft-4. NOES: None . ABSENT: Councilmember Daysog -1 . ABSTENTIONS: Non·e. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of April 2020. APPROVED AS TO FORM: