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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 Civil Unrest; (B) Ratifying the City Manager’s Decision to Order a Curfew on June 1 and 2, 2020 (Ending at 5 a.m. on June 3); (C) Provide Direction Extending, Modifying, or Discontinuing the Curfew; and (D) Authorize Staff to Take Further Action to Implement This Declaration. (City Manager 2110)
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To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The tragic death of Mr. George Floyd on May 25, 2020 has resulted in protests around the Country. In addition to many lawful protests, several events have turned violent and have resulted in injuries, death, and significant damage to, and loss of, property. The civil unrest, violence, vandalism, arson, and looting have put extraordinary demands on public safety resources. After several nights of violence, vandalism, arson, and looting in Alameda County, with notable events on May 31, 2020 in the city of Alameda, the City Manager, under the Council’s March 17, 2020 Declaration of Local Emergency and under the Manager’s authority as Director of Emergency Services, issued a Curfew Regulation, making it unlawful to any person to travel on a street, sidewalk or other public place in the City from 8 p.m. on June 1 to 5 a.m. on June 2 and from 8 p.m. on June 2 to 5 a.m. on June 3. There are exemptions, for example, for law enforcement, fire personnel, authorized representatives of news media and persons traveling directly to and from work (see Exhibit 1).
At this time, staff is recommending that the City Council adopt an uncodified urgency ordinance declaring a local emergency (see Exhibit 2) in response to recent events involving civil unrest. 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, and will put the City in a better position to attempt to recover financially for the costs it incurs in responding to the local emergency.
Staff is also recommending that the City Council ratify the City Manager’s decision to order a local curfew as described above and authorize staff to take further actions necessary to implement this declaration. Council may also provide direction on whether to extend, modify, or discontinue the curfew for the duration of the local emergency.
BACKGROUND/DISCUSSION
On May 25, Mr. George Floyd died during an arrest by City of Minneapolis police officers. The death of Mr. Floyd has generated national media attention and for the past week has resulted in numerous protests in communities across the Country. Many peaceful protests have occurred. Unfortunately, there has also been violence, vandalism, arson, and looting in communities throughout Alameda County and in the city of Alameda.
To address the continuing threat to the public safety and welfare, the City Manager, under the Council’s March 17, 2020 Declaration of the Local Emergency and under the Manager’s authority as Director of Emergency Service, after consultation with the Police and Fire Chiefs and the City Attorney’s Office, ordered a curfew from 8 p.m. on Monday, June 1, 2020 to 5 a.m. on Tuesday, June 2, 2020 and from 8 p.m. on Tuesday, June 2, 2020 to 5 a.m. on Wednesday, June 3, 2020. Certain persons, such as law enforcement, fire personnel, authorized members of news media, persons traveling directly to or from work, and homeless persons, are exempt.
The City of Alameda participates in a public safety mutual aid program with other jurisdictions in Alameda County, as well as the County itself. The number and frequency of events involving civil unrest, including violence, vandalism, and looting in recent days has stretched available resources. Accordingly, staff is recommending that the City Council (A) declare the existence of a local emergency in response to civil unrest; (B) ratify the City Manager’s decision to order a curfew on June 1 and 2, 2020; and (C) extend, modify, or discontinue the curfew.
The curfew will remain in effect until 5 a.m. on Wednesday, June 3, unless the City Council directs differently. Some cities in the county are taking the curfew one day at a time, and others have extended the curfew until June 8, unless circumstances change and the curfew order is lifted earlier.
On June 1, 2020, Alameda County’s Director of Emergency Services, Sheriff Ahern, proclaimed a local emergency (see Exhibit 3). On the same day, Sheriff Ahern also ordered a County-wide curfew from the hours of 8 p.m. until 5 a.m. of the following morning until the Order setting the curfew is terminated (see Exhibit 4). The curfew order cites, “civil unrest, violence, looting, arson, and the destruction of personal and real property in Alameda, Albany, Berkeley, Emeryville, Fremont, Hayward, Newark, Oakland, San Leandro, Union City, and other cities in the Bay Area…” as part of the rationale for the curfew.
ALTERNATIVES
1. Adopt the urgency ordinance declaring a Local Emergency; authorize staff to take any further actions necessary to implement this declaration; and ratify the City Manager’s Order establishing a curfew from 8 p.m on June 1 to 5 a.m. on June 2 and from 8 p.m. on June 2 to 5 a.m. on June 3.
2. Do not adopt the urgency ordinance as set forth above.
3. Provide direction to extend, modify, or discontinue the curfew.
FINANCIAL IMPACT
There is no direct financial impact from City Council declaring a local emergency in response to public unrest. However, it should be noted that significant public resources are being expended to respond to the public unrest and the declaration of a local emergency may put the City in a better position to try to recover costs associated with its response.
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 an urgency uncodified ordinance of the City Council of the City of Alameda (A) declaring the existence of a local emergency in response to civil unrest; (B) ratifying the City Manager’s decision to order a curfew on June 1 and 2, 2020 (ending at 5 a.m. on June 3); and (C) extend, modify, or discontinue the curfew.
CITY MANAGER’S RECOMMENDATION
Adopt the urgency ordinance.
By:
Gerry Beaudin, Assistant City Manager
Exhibit:
1. City Manager’s June 1, 2020 Curfew Regulations
2. Urgency uncodified Ordinance declaring a local emergency in response to civil unrest
3. Alameda County Proclamation of Local Emergency, dated June 1, 2020
4. Alameda County Curfew Order, dated June 1, 2020
cc: Eric Levitt, City Manager
Paul Rolleri, Police Chief
Ricci Zombeck, Acting Fire Chief
Yibin Shen, City Attorney