Title
Adoption of an Urgency Uncodified Ordinance of the City Council of the City of Alameda (A) Declaring the Existence of a Local Emergency in Response to the COVID-19 Pandemic, and (B) Directing City Staff to Respond Appropriately to Such Local Emergency. (City Manager 2110)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
THE COVID-19 pandemic is impacting communities around the world, including Alameda. 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 health or safety without following the procedures otherwise required prior to adoption of an ordinance. 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. A declaration of a local emergency by City Council through an urgency ordinance will allow City staff to expeditiously respond to such emergency circumstances. As such, staff is recommending that City Council adopt an urgency uncodified ordinance declaring a local emergency in response to the COVID-19 pandemic, and directing staff to respond appropriately to such declaration through implementation of the measures described below.
BACKGROUND/DISCUSSION
A novel coronavirus (named COVID-19 by the World Health Organization) was first detected in December 2019. 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 the whether those actions will be successful is unknown at this time.
Due to COVID-19, the President of the United States has declared a national emergency, the Governor of the State of California has declared a State of Emergency for the State and for all the Counties in the State, and the City Council of the City of Alameda has declared a local.
As a result of these various declarations and the threat to public health and safety due to the contagious nature of COVID-19, public and private gatherings of persons have been prohibited, most schools, kindergartens, day care centers have been closed, many businesses have been shuttered or their hours or means of operation curtailed, and many businesses, especially service related businesses, such as restaurants, have been impacted financially due to a lack of business.
Accordingly, staff is recommending that (A) the City Council declare a local emergency in the City of Alameda, and (B) direct staff to respond appropriately through implementation of the following measures:
1. Allowing the City Manager to evaluate the need for public meetings of the City Council and Boards & Commissions between now and April 7;
2. Cancelling all public events hosted by the City of Alameda at City facilities for a minimum of two weeks ending on April 7;
3. Closing of non-essential activities, programs, and classes held at the City’s facilities for a minimum of two weeks ending on April 7;
4. Authorizing the City Manager to evaluate and amend leases, licenses and other occupancy agreements applicable to City-owned residential and commercial properties in order to provide financial concessions to the tenants under such agreements for the months of April, May, and June (March rent is already paid);
5. Waiving the requirement in City labor agreements that only allow the use of sick leave in the event of actual sickness or disability or medical appointments of the employee or family member and allow the use of sick leave to cover time away from work when an employee is unable to be at work due to the closure of their child’s school or day care;
6. Waiving the rule in City labor agreements that limits the amount of sick leave an employee can use to care for a family member in a calendar year to half their annual accruals;
7. Providing all full and part-time employees with three weeks of paid administrative leave based on their scheduled workweek. For example, an employee working four-nine hour days per week would receive 36 hours of paid administrative leave for a total of 108 hours. For part-time employees who work a varied work schedule, the number of hours would be based on an average of hours, per week, worked in the past 12 months. The three weeks of administrative leave is available to employees who are unable to report to work because of office closures, lack of childcare, illness or quarantine of themselves or a family member. Employees working a modified schedule will also be able to use this time to supplement any unassigned work-time. Employees will need to track the time they work from home. Any time worked from home will be considered work-time and not deducted from their administrative leave bank. Any unused administrative leave time at the end of the shelter in place period will be moved to an administrative leave bank for the employee to use in the next two years. This time would not have any cash-value and would not be eligible to be cashed out at termination or any other time. The amount of administrative leave granted may be increased with approval of the City Council if the County shelter-in-place directive is extended; and
8. Authorizing the City Manager to continue to review City services and take action for affected employees, including but not limited to redeployment to other locations, permitting remote and/or flexible work schedules.
Staff recommends that these measures remain in place through April 7. At that time, staff will review and make additional recommendations to the City Council, as appropriate.
ALTERNATIVES
1. Approve the emergency declaration resolution.
2. Modify the key factors, scope of the emergency response, decision-making authority and/or timeline(s) in the ordinance.
3. Do not approve the emergency declaration resolution.
FINANCIAL IMPACT
There is no direct financial impact from City Council declaring a local emergency in response to the COVAD-19 pandemic and authorizing staff to respond appropriately by implementing the measures described above. However, the declaration of a local emergency could enhance the City’s ability to recover funds that are expended in response to the COVID-19 pandemic.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Alameda Municipal Code (AMC) Chapter 2-24 defines a local emergency as “the actual or threaten existence of conditions of disaster or of extreme peril to the safety of persons and property within the jurisdiction.” Government Code Section 8630 allows the City to declare a local emergency pursuant to an ordinance. 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 health or safety without following the procedures otherwise required prior to adoption of an ordinance. 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.
CLIMATE IMPACTS
No climate impacts are anticipated from this action.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption) and 15321 (law enforcement activities).
RECOMMENDATION
Adopt of an urgency uncodified ordinance of the City Council of the City of Alameda (A) declaring the existence of a local emergency in response to the COVID-19 pandemic, and (B) directing City staff to respond appropriately to such local emergency through implementation of the measures described above.
CITY MANAGER’S RECOMMENDATION
Approve the emergency declaration.
By:
Gerry Beaudin, Assistant City Manager
Exhibit:
1. Alameda County Board of Supervisor’s Staff Report Ratifying Declaration of a Local Emergency
cc: Eric Levitt, City Manager
Paul Rolleri, Police Chief
Ed Rodriguez, Fire Chief