Resolution 15742CITY OF ALAMEDA RESOLUTION NO. 15742
ESTABLISHING THE CITY OF ALAMEDA'S POLICY REGARDING
THE IMPLEMENTATION OF THE COVID-19 ENFORCEMENT
PROVISIONS OF ITS ALAMEDA POINT RENT ABATEMENT
LEASE AMENDMENTS
WHEREAS, on December 15, 2020, the City Council approved on final passage
an Ordinance authorizing lease amendments with Alameda Point Beverage Group,
Auctions By the Bay, Building 43 & Associates, Faction Brewing, Group Delphi, Proximo
Spirits, Saildrone and USS Hornet Air & Space Museum via the Non -Profit Spirits Alley
Program for Rent Relief in response to the Covid-19 Pandemic; and
WHEREAS on January 5, 2021, the City Council approved additional similar lease
amendments with Pacific Pinball Museum and Wonky Kitchen; and
WHEREAS, at the January 5 City Council Meeting, the City Council directed staff
to return with a proposed policy on implementation of the above lease amendments, with
a focus on the City Council's authority to exercise remedies and enforcement of lease
penalties for violations of COVID-19 restrictions; and
WHEREAS, subsequently in the same meeting, when addressing similar rent relief
lease amendments with Rock Wall Winery and St. George Spirits on first reading, the City
Council modified Section 4 of the Rock Wall Winery lease amendment and Section 5 of
the St. George Spirits lease amendment to make clear that the City Council, not City staff,
shall retain the sole authority to exercise remedies and enforce lease penalties for non-
compliance with COVID-19 restrictions.
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 Manager and the City Attorney are directed to not take any
enforcement action with respect to lease penalties for non-compliance with COVID-19
restrictions (Enforcement of COVID-19 Violations) of the above-mentioned leases until
they have received City Council direction to do so at an open and publicly noticed
meeting.
Section 2. In considering whether and how to enforce Section 4, the City Council
shall consider the severity of the violation(s), the numerosity of the violation(s), prior
warnings, and the impact of the violation(s). It is the express intent of the City Council to
not impose substantive penalties for violations that are minor in nature and/or singular in
occurrence (e.g. one employee accidently failing to wear a mask one time). The
enforcement provisions are intended to be triggered for serious violations, such as
operating a night-club or rave, or instituting and/or consistently permitting a business
practice in clear violation of applicable State and/or County health orders.
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 a regular meeting
assembled on the 2nd day of February 2021 by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Vella and Mayor Ezzy
Ashcraft — 4.
NOES: Councilmember Herrera Spencer — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 3rd day of February 2021.
Lara Weisiger, City'Clk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen, y Attorney
City of meda
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