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File Number: 20-127 <br />exists in California after making determinations that: <br />1. The conditions caused by COVID-19 are likely to require the combined forces of a mutual aid <br />region or regions to appropriately respond; and <br />2. Local authority is inadequate to cope with the threat posed by COVID-19; and <br />WHEREAS, on March 12, 2020, the Alameda County Department of Public Health confirmed <br />evidence of community-acquired transmission; and <br />WHEREAS, on March 13, 2020, the President of the United States of America declared a <br />national state of emergency in response to the spread of COVID-19 within the United States of <br />America; and <br />WHEREAS, on March 16, 2020, seven health officers within six Bay Area counties, including <br />Alameda County, took a unified step to slow the spread of novel coronavirus (COVID-19) and <br />preserve critical health care capacity across the region by issuing a legal order directing their <br />respective residents to shelter at home for three weeks beginning March 17, 2020. The order <br />limits activity, travel, and business functions to only the most essential needs. The guidance <br />comes after substantial input from the U.S. Centers for Disease Control and Prevention (CDC) <br />and best practices from other health officials around the world; and <br />WHEREAS, on March 16, 2020, due to an escalating increase in the number of cases in <br />Alameda County, under San Leandro Municipal Code section 3-4-124, the Director of <br />Emergency Services proclaimed a local emergency and a state of emergency related to <br />COVID-19; and <br />WHEREAS, on March 16, 2020, at its regular meeting the San Leandro City Council ratified the <br />Director of Emergency Services’ proclamation of a local emergency and a state of emergency <br />related to COVID-19; and <br />WHEREAS, on March 16, 2020, California Governor Gavin Newsom issued Executive Order <br />N-28-20 ordering waiver of time limitations set forth in Penal Code section 396(f) concerning <br />protections against residential evictions, and suspending any provision of state law that would <br />preempt or otherwise restrict a local government’s exercise of its police power to impose <br />substantive limitations on residential or commercial evictions related to COVID-19. The order <br />further suspended statutory causes of action for judicial foreclosure, including Code of Civil <br />Procedure section 725a et seq. the statutory cause of action for unlawful detainer, Code of Civil <br />Procedure section 1161 et seq., and any other statutory cause of action that could be used to <br />evict or otherwise eject a residential or commercial tenant or occupant of residential real property <br />after foreclosure; and <br />WHEREAS, both large and smaller events across the Bay Area and in San Leandro are <br />cancelling or being postponed due to the County’s and State’s Orders and recommendations at <br />all levels of government to cancel large gatherings are occurring amid concerns over spread of <br />the virus. These cancellations and postponements cause loss in revenue for the event, as well as <br />surrounding local businesses that rely on such events to bring in patrons to their businesses; and <br />WHEREAS, California Constitution, Article XI, Section 7, provides cities and counties with the <br />authority to enact ordinances to protect the public health, safety, and general welfare of their <br />citizens; and <br />WHEREAS, San Leandro Municipal Code section 1-1-345(b) authorizes the City Council to <br />Page 2 City of San Leandro Printed on 3/20/2020 <br />10