Title
Adoption of Urgency Uncodified Ordinance (A) Extending the Declaration of the Existence of a Local Emergency to Respond to the COVID-19 Pandemic for the Duration of the State of California’s Emergency Declaration; (B) Authorizing the City Manager to Forego the Competitive Bid Process, Subject to Ratification by the City Council, Consistent with City Charter Section 3-15.2, for the Duration of the Local Emergency; and Approving City Manager Spending Authority of Up to $2 Million Dollars to Address the Local Emergency. (City Manager)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The COVID-19 pandemic continues to impact communities around the world, including Alameda. On March 17, 2020, the City Council adopted an urgency measure, consistent with Section 3-12 of the City Charter. The March 17 ordinance authorized certain actions until April 7. At this time, staff is recommending that Council authorize the City Manager to continue to respond to the pandemic for the duration of the State’s Emergency Declaration. Further, in order to adequately respond, staff is recommending that the City Council authorize the City Manager forego the competitive bidding process for the duration of the local emergency declaration, consistent with City Charter Section 3-15.2, and authorization for the City Manager to spend up to $2 million dollars to address to the local emergency declaration.
BACKGROUND/DISCUSSION
On March 17, 2020, the City Council adopted an urgency uncodified ordinance authorizing the City Manager to take certain actions as part a local emergency declaration in response to the COVID-19 pandemic. Those actions included:
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 (City) 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.
The existing urgency ordinance contemplated a sunset date of April 7th, which coincided with the Alameda County Health Officer’s Order to shelter in place under April 7th. Since that time, the Governor has issued an executive order (EO N-33-20) requiring the entire state to shelter in place without a definitive end date. To be responsive to this fluid situation, staff is recommending that the City Manager be authorized to continue to take necessary actions, as currently authorized by the existing urgency ordinance, for the duration of the emergency declaration, which would end when the Governor of California lifts the State-wide COVID-19 State of Emergency, or sooner should Council determines to be appropriate to lift the local emergency declaration prior to State-action.
Consistent with the City Charter (Section 3-15.2), staff is also recommending that the City Council authorize the City Manager to forego the competitive bidding process for the duration of the local emergency declaration. Finally, staff is recommending that the City Council authorize the City Manager to spend up to $2 million dollars to address local and operational impacts associated with the COVID-19 local emergency declaration.
ALTERNATIVES
1. Approve the urgency uncodified ordinance.
2. Modify the ordinance.
3. Do not approve the urgency uncodified ordinance.
FINANCIAL IMPACT
The City Council would be authorizing the City Manager to spend up to $2 million dollars to address operational and local impacts related to the local emergency. Any projects that are approved outside of the City’s approved bidding process will be ratified by the City Council, per City Charter Section 3-15.2. 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. City Charted 3-15.2 authorizes the City Manager to exceed the sum provided by general law and forego competitive bid, subject to ratification by Council as soon as practical.
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 an urgency uncodified ordinance (A) extending the declaration of the existence of a local emergency to respond to the COVID-19 pandemic for the duration of the State of California’s emergency declaration; (B) authorizing the City Manager to forego the competitive bid process, subject to ratification by the City Council, consistent with City Charter section 3-15.2, for the duration of the local emergency; and approving City Manager spending authority of up to $2 million dollars to address the local emergency. (City Manager)
CITY MANAGER’S RECOMMENDATION
The City Manager recommends approval of the extension of the emergency declaration to align with the State of California’s action; authorization to forego the competitive bid process (subject to Council ratification); and authorization to spend up to $2 million dollars, as necessary to address the operational and local impacts.
By:
Gerry Beaudin, Assistant City Manager
cc: Eric Levitt, City Manager