Ordinance 3286CITY OF ALAMEDA ORDINANCE NO. 3286
New Series
AN URGENCY ORDINANCE AMENDING THE ALAMEDA MUNICIPAL
CODE BY ADDING A NEW ARTICLE 24-13 (PUBLIC HEALTH)
PROVIDING FOR THE ENFORCEMENT OF ALAMEDA COUNTY
HEALTH OFFICER ORDERS AND DIRECTIVES
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 COVID-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 10, 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. The purpose of the
Order was 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 ("State
Shelter Order"); and
WHEREAS, since March, 2020, the Alameda County Public Health Officer has
issued various updates to its Shelter In Place Orders, in order to balance the need to
continue certain essential activities while maintaining maximum control over the spread
of COVID 19; and
WHEREAS, the Health Officer has also issued a number of other orders to limit
the spread of COVID 19, including requiring the use of face coverings, regulating clinical
laboratories, and providing guidance to licensed facilities and other agencies; and
WHEREAS, in light of continuing increases in positive cases of COVID-19, the
Health Officer, joined by countless state, regional and local health agencies and experts,
has continued to express grave concerns regarding the spread of COVID-19 and urges
prompt and decisive actions to slow the spread of the pandemic; and
WHEREAS, the City Council determines that the City of Alameda must answer the
call and take immediate affirmative measures, including authorizing the issuance of
administrative citations for non-compliance with Health Officer orders and directives; and
WHEREAS, given the virulent spread of COVID-19, time is of the essence; 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 September 1, 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: Alameda Municipal Code Article 24-13 Public Health is hereby added to
read as follows:
24-13 Public Health
24-13.1 Health Officer
The City of Alameda's Health Officer shall be the County Health Officer for the County of
Alameda, or their designee.
24-13.2 Compliance with Health Officers Orders and Directives
It shall be unlawful for any person to fail or refuse to comply with any order or directive
issued by the Health Officer or designee.
24-13.3 Penalties
A. Any person who violates any provision of this Article or the terms and conditions
of any permit or approval issued by the Health Officer shall be guilty of an infraction which
shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be
punishable by a fine not exceeding $1,000.00 per violation, or by imprisonment in the
County Jail for a period not exceeding 6 months, or by both such fine and imprisonment.
B. Any person who violates any provision of this Article or the terms and conditions
of any permit or approval issued by the Health Officer may be subject to administrative
citation issued pursuant to Article 1-7 of this Code.
C. Any person convicted of violating any provision of this Article in a criminal case or
found to be in violation of this Article in a civil or administrative case brought by a law
enforcement agency, including but not limited to the City of Alameda and the County of
Alameda, shall be ordered to reimburse the City and other participating law enforcement
agencies their full investigative costs.
D. Any activity conducted or maintained contrary to this Article shall constitute a public
nuisance.
E. The remedies provided in this article are not exclusive, and nothing in this article
shall preclude any person from seeking any other remedies, penalties or procedures
provided by law.
Section 2: IMPLIED REPEAL
Any provision of the AMC inconsistent with this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to the extent necessary to
effectuate this Ordinance.
Section 3: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from
review under the California Environmental Quality Act (CEQA) pursuant to the following,
each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project)
and Section 15061(b)(3) (no significant environmental impact).
Section 4: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other
section, subsection, paragraph, subparagraph or sentence.
Section 5: EFFECTIVE DATE
As an urgency ordinance, this Ordinance becomes effective immediately upon its
adoption by a four-fifths vote of the City Council.
Attest:
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 1 st day of September 2020, by the following vote to wit:
AYES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy
Ashcraft — 4.
NOES: Councilmember Daysog — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 2nd day of September 2020.
Lara Weisiger, Cityl, rk
City of Alameda
Approved as to form:
Yibin Sfi'en, C)i�rAtt6rney
City of Alameda
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