Ordinance 3281CITY OF ALAMEDA ORDINANCE NO. 3281
AN URGENCY UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ALAMEDA (A) DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY IN RESPONE TO CIVIL UNREST, (B) RATIFYING THE CITY
MANAGER'S JUNE 1 CURFEW ORDER, (C) PROVIDING DIRECTION TO
EXTEND, MODIFY OR DISCONTINUE THE CURFEW AND (D)
AUTHORIZING STAFF TO TAKE FURTHER ACTIONS TO IMPLEMENT THE
DECLARATION OF THIS LOCAL EMERGENCY
WHEREAS, the Alameda Municipal Code (AMC) Chapter 2.24 defines a local
emergency as "the actual or threa-tened existence of conditions of disaster or of extreme
peril to the safety of persons and property with the jurisdiction"; and
WHEREAS, Government Code Section 8630 allows the City to declare a local
emergency pursuant to an ordinance; 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 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 safety of persons and property have
arisen with the City as a result of civil unrest, violence, looting, arson and destruction of
personal and real property in the City, in the wake of the tragic death of George Floyd;
and
WHEREAS, there exists imminent danger to life and property during the hours of
darkness, and it is especially difficult to preserve public safety during such hours; and
WHEREAS, the City Manager, under the Council's March 17, 2020 Declaration of
Local Emergency and under the Manager's authority as Director of Emergency Services
under the Alameda Municipal Code, issued a Curfew Order on June 1, 2020; and
WHEREAS, the City Manager/Director of Emergency Services of the City has
requested the City Council to proclaim the existence of a local emergency based on civil
unrest; and
WHEREAS, for the reasons set forth above, this ordinance is declared to be 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 15061 (b){3) [common sense exemption]
and Section 15321 [law enforcement activities] and
WHEREAS, by the agenda report, testimony and documentary evidence
presented at the June 2, 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 THE FOLLOWING:
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 finds and declares, as of the effective date of this
urgency ordinance, that a local emergency exists throughout the City as a result of civil
unrest.
Section 3. During the existence of the local emergency, the powers, functions,
and duties of the Director of Emergency Services and the Emergency Organization of the
City shall be those prescribed by State law, ordinances and resolutions of the City of
Alameda, and by the Alameda Emergency Plan.
Section 4. The City Manager's June 1, 2020 Curfew Order is ratified. The City
Manager shall not impose more than two additional days of curfew during the current local
Emergency without further Council authorization.
Section 5. The City Council authorizes the City staff to take further actions to
implement this Local Emergency not inconsistent with this Ordinance.
Section 6 . This Local Emergency shall continue to exist until 11 :59 pm on June
16, 2020, unless otherwise extended or earlier terminated by the City Council.
Section 7. 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 City Charter,
Article XI of the State Constitution, and Government Code, Sections 36937 and 8630.
Section 8. If any section, subsection, sentence of 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 or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 9. 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, Ci lerk
*****
I hereby certify that the foregoing ordinance was passed and adopted by the City
Council at a special meeting assembled on the 2nd day of June 2020, by the following
vote:
AYES: Councilmembers Daysog, Knox White, Oddie, and Mayor
Ezzy Ashcraft -4.
NOES: Councilmember Vella-1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have set my hand and affixed the seal of the City this 3rd day
of June, 2020.
Approved as to Form:
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Yibin Shen, City Attorney
City of Alameda
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Lara Weisiger, ~erk
City of Alameda