Court finds Alameda County has no authority to regulate incorporated cities

New Alameda County Supervisor Elisa Marquez takes the oath of office today

CITY NEWS

ALAMEDA

—PRECEDENT—Alameda County’s three-year eviction moratorium has angered landlords, but some local cities, for example, Alameda, also had specific qualms.

—Last July, the city of Alameda petitioned the California Court of Appeals, asserting the county’s moratorium is unconstitutional. The county, even during times of emergency, has no legal authority to legislate in incorporated cities, Alameda argued.

—Alameda, like many landlords, had their own efforts to evict problem tenants stymied in local court because of the existing moratorium. Alameda had sought to evict two tenants from city-owned properties at Alameda Point.

—Following the ruling last week by Alameda County Superior Court Judge Vicky Kolakowski, Alameda City Attorney Yibin Shen said, “Indeed, having potentially conflicting regulations can be particularly harmful in times of emergency, where members of the public seek and deserve clarity of leadership from their local government.

—“We agree with the court that local legislative and regulatory authority, regardless of emergency status, squarely rests with the City Council as set forth by the California Constitution.”

—However, the ruling may be too little, too late, at least, for the pandemic-era state of emergency. Alameda County’s eviction moratorium is set to expire on Apr. 28, more than three years after it was enacted at the start of the pandemic.

—Under the ruling, the Alameda County Board of Supervisors’ ability to legislate in the unincorporated areas of the county remains untouched.

—MOURNING DEW—Alamedans received a rather odd email from the city on Thursday afternoon. It urged residents to sufficiently defrost the morning dew from their cars, and noted low-rising morning glare from the sun has led to traffic accidents and fatalities on the island in recent years.

—The low angle of winter sunrises on the island is quite noticeable during early morning hours, and traffic fatalities have plagued Alameda for several years. However, the cause and effect referenced by the city in the email is not coincidentally a point of contention in the tragic death of Alameda County Supervisor Wilma Chan in November 2021.

—Chan was struck by a motorist while crossing a street in Alameda. Glare from the sun could have contributed to the motorist not seeing Chan cross the street while walking her dog that fateful morning.

—Chan’s family is contemplating a lawsuit against the city. Two weeks ago, the Alameda City Council was briefed in closed session about potential exposure to a formal complaint from Chan’s son and daughter.

TRI-VALLEY

—NEEDS ASSESSMENT—The Tri-Valley cities of Dublin, Pleasanton, and Livermore, are in the middle of a Human Services Needs Assessment for East County.

—The assessment could identify service gaps and provide expertise for local non-profits to seek and secure additional grant funding.

—A report tailored to the region and each Tri-Valley city could be ready in a year.

FREMONT

—HISTORY-MAKING HIRE—Zoraida Diaz, Fremont’s first female chief, takes the helm this Friday. Diaz spent nearly two decades at the Oakland Fire Department, last serving as assistant fire chief.

—She replaces Fremont Fire Chief Curtis Jacobsen, who resigned last February under a cloud after the city agreed to a $2.6 million settlement with Fremont Fire Capt. Diane Hendry and claims she was the victim of retaliation for supporting a female recruit who was wrongfully terminated.

COUNTY NEWS

—SWEARING-IN DAY—The Alameda County Board of Supervisors will be at full-strength later today when Elisa Marquez is sworn-in as the appointed District 2 supervisor. She replaces Richard Valle, who passed away in February.

—Marquez’s first day on the job will be quite mundane. Tuesday’s Board of Supervisors meeting, on paper, lacks sizzle, but you never know.

—PRICE PETITION—A Change.org petition calling for the recall of Alameda County District Attorney Pamela Price now has over 7,800 signatures, as of Monday night.

—Early recall efforts happen all the time. Most lack a potent narrative, and almost all lack financial resources. This petition is not a viable threat to Price’s tenure, at this point, but it’s definitely notable and represents a simmering discontent against Price is brewing out there.