Resolution 15733CITY OF ALAMEDA RESOLUTION NO. 15733
RATIFYING THE PROCLAMATION OF THE DIRECTOR OF
EMERGENCY SERVICES AND CONTINUING THE DECLARATION OF
THE EXISTENCE OF A LOCAL EMERGENCY IN RESPONSE TO THE
COVID-19 PANDEMIC
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 safety of
persons and property within a 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 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, on March 17, 2020 the 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 existing 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
WHEREAS, on April 7, 2020 the Council made findings that due to the COVID-19
pandemic, the March 17 declaration should be extended for the duration of the State of
California's COVID-19 Emergency Declaration; and
WHEREAS, in June and September 2020 and on November 3, 2020, the Council made
findings that due to the COVID-19 pandemic and the continued duration of the State's
declaration of emergency, the City's declaration of local emergency should be continued; and
WHEREAS, Government Code, subsection (c) of section 8630 requires that the
governing body review the need for continuing the local emergency at least once every 60
days until the governing body terminates the local emergency and subsection (b) of Section
8630 authorizes a designated officer of a local agency to proclaim the existence of a local
emergency if the governing body is not in session, so long as the governing body thereafter
ratifies such proclamation; and
WHEREAS, because the City Council was not scheduled to meet in regular session
until January 5, 2021, two days outside the 60 day review period --the City Manager, acting
as the
Director of Emergency Services as provided in Section 2-24.6 of the Alameda Municipal
Code, issued a proclamation continuing the declaration of the local emergency; and
WHEREAS, beginning in March 2020 and continuing to this time, the City Council
while in session has engaged in frequent and regular review of the COVID-19 local
emergency and Council has taken action on numerous items relating to the local
emergency; and
WHEREAS, City Council finds that the conditions that existed in March 2020 that led
to the initial declaration of a local emergency continue to exist at this time; and
WHEREAS, the State of California's COVID-19 Pandemic Emergency Declaration also
remains in effect at this time; and
WHEREAS, adoption of this resolution 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].
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF ALAMEDA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE
FOLLOWING:
Section 1. The City Council finds and determines that the foregoing recitals to be
true and correct and hereby incorporates them in this resolution.
Section 2. The City Council ratifies the proclamation of the Director of Emergency
Services issued on December 31, 2020 while City Council was not in session to continue the
declaration of a local emergency in response to the COVID-19 pandemic.
Section 3. The City Council declares that the continuation of the previously declared
local emergency is appropriate as a result of the COVID-19 pandemic and that this declaration
of local emergency shall continue until the State's declaration of emergency relating to
COVID-19 is rescinded, or sooner should it be appropriate to lift the local emergency
declaration prior to State action, and staff shall continue to update the Council on the status
of the local emergency declaration every 60 days, consistent with Government Code Section
8630(c).
Section 4. This resolution is effective immediately upon its passage and adoption.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled
on the 5t" day of January 2021 by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Spencer, 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 6th day of January 2021.
kk^a (,/-\
Lara Weisiger, Cij Clerk
City of Alameda
APPROVED ASFORW
Yibin Shen, CitAttorney
City of Alameda