Resolution 15993CITY OF ALAMEDA RESOLUTION NO. 15993
TERMINATING THE DECLARATION OF THE EXISTENCE OF A
LOCAL EMERGENCY IN RESPONSE TO THE COVID-19
PANDEMIC, CONSISTENT WITH GOVERNMENT CODE SECTION
8630(d)
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 provide that
such proclamation shall terminate if the conditions so warrant; 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 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 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 City Council adopted on an urgency basis
Ordinance No. 3272 making 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 authorizing the City Manager with certain authority
concerning competitive bidding and spending; 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, in June, September, November of 2020 and in January, March, April,
June, July, September, November, December of 2021 and in February, March, May, July
and September, 2022, the City 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, 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 the City Council has taken action on numerous items relating to the
local emergency; and
WHEREAS, the City Council at its regular meeting on September 6, 2022, directed
staff to return in October 2022 with an agenda item to consider terminating the declaration
of local emergency; and
WHEREAS, the City Council finds that the conditions that existed in March 2020
that led to the initial declaration of a local emergency no longer support continuing that
declaration; 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 declares that the continuation of the previously
declared local emergency relating to COVID-19 is no longer appropriate given that the
conditions no longer warrant such a proclamation and as a result such declaration of
local emergency is hereby terminated.
Section 3. 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 regular meeting
assembled on the 18th day of October 2022 by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Knox White,
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 19th day of October 2022.
Lara Weisiger, City Clerk
City of Alameda
Approved as to Form:
Yibin Shen, City Attorney
City of Alameda