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HomeMy WebLinkAboutEmergency Resolution No. 2020-96 Ratifying the Executive Order No. 2020-04 and Proclaiming the Existence of a Local Emergency Resolution No. ___ RESOLUTION NO. 2020-96 RESOLUTION OF THE MAYOR ANDCITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING EXECUTIVE ORDER NO. 2020-04AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Government Code Section 8630 and Chapter2.46of theSan Bernardino Municipal Code empowerthe City Council to proclaim a local emergency when the City of San Bernardino(“City”)is affected or likely to be affected by a public calamity; and WHEREAS,on May 29, 30, and 31, 2020, protests in various cities throughout Southern California resulted in damage, graffiti, looting and according to news reports, hundreds of arrests; and WHEREAS,on the evening of May 31, 2020, the City of San Bernardino experienced severe civil unrest which included various acts of looting, vandalism, and arson; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City ofSan Bernardino caused bysevere civil unrest,which has included various acts of looting, vandalism, and arson;and WHEREAS,more protests are anticipated throughout Southern California and have the potential to arise in or near the City; and WHEREAS,the City joins the protestors and others in their outrage regarding the murder of George Floyd by police officers, and the City seeks to be an ally in the fight against racial injustice and the dismantling of systemic racism; and WHEREAS,the City respects the rights of peaceful assembly andprotest; and WHEREAS,with liberty comes responsibility; violence directed against persons and other acts that threaten public safety, including setting of fires and throwing objects, endangers innocent persons and first responders charged with keeping the peace; and WHEREAS,it has been reported that violence is being instigated by outside agitators; and WHEREAS,in order to safeguard the rights of peaceful assembly and protest, to protect the safety of City residents, property and businesses as well asemergency and law enforcement providers, it is necessary to establish a curfew to quell violence and destruction of property; and WHEREAS,it is the City’s intent to impose only a nighttime curfew so as to leave opportunities during daytime for the voicesof the protesters to make themselves heard; and Resolution No. ___ WHEREAS,onJune1, 2020, the City Manager, in accordance with Section 2.46.090.A.1 of the San Bernardino Municipal Code, issued Executive Order No. 2020-04 proclaiming the existence of a local emergency andimposing a curfew beginning at 6p.m.; and WHEREAS, the City Council must ratify the proclamation ofthe existence of a local emergency within seven (7) days following the proclamation; and WHEREAS,the City’s ability to mobilize local resources, coordinate interagency response,accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State andFederal governments will be critical to successfully responding to the civil unrest in the City;and WHEREAS, the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency. BE IT RESOLVED BY THE MAYOR ANDCITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.The City Council of the City of San Bernardino hereby ratifies Executive Order No. 2020-04issued by the City Manager on June1, 2020. SECTION 3.The City Council of the City of San Bernardino hereby proclaims that a local emergency now exists throughout the City. SECTION 4.During the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of this City shall be those prescribed bystate law, ordinances, and resolutions of this City and by the City of San BernardinoEmergency Plan. SECTION 5.The City Manager is hereby directed to ensure City staff track costs associated with staffing, supplies, and equipment related to this emergency. SECTION 6.The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of San Bernardino. SECTION 7.Severability. If any provision of this Resolutionor the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolutionare declared to be severable. SECTION 8.Effective Date.This Resolutionshall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rdday of June, 2020. Resolution No. ___ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, ActingCity Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Resolution No. ___ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. _____,adopted at a regular meeting held at the ___ day of _______, 2020by the following vote: Council Members:AYESNAYSABSTAINABSENT SANCHEZ________________________ IBARRA________________________ FIGUEROA________________________ SHORETT________________________ NICKEL________________________ RICHARD________________________ MULVIHILL________________________ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk Executive OrderNo. 2020-04 EXECUTIVE ORDERNO.2020-04 EMERGENCY EXECUTIVE ORDEROF THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICESOF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING AND REPLACING EXECUTIVE ORDER NO. 2020-01 (DATED MAY 31, 2020) AND PROCLAIMING THEEXISTENCE OF A LOCAL EMERGENCY AND DECLARING A CURFEW WHEREAS, California Government Code Section 8630 provides that a local emergency may be proclaimed by the governing body, or designee,of a city; and WHEREAS,On May 29 and 30, 2020, protests in various cities throughout Southern California resulted in damage, graffiti, looting and according to news reports, hundreds of arrests; and WHEREAS,On May 30, 2020, Governor Gavin Newsom authorized assistance after a request from the city and county of Los Angeles, and proclaimed a state of emergency in Los Angeles County, citing to the civil unrest therein; and WHEREAS,more protests are anticipated throughout Southern California and have the potential to arise in or near the City of San Bernardino (“City”); and WHEREAS,the City joins the protestors and others in their outrage regarding the murder of George Floyd by police officers, and the City seeks to be an ally in the fight against racial injustice and the dismantling of systemic racism; and WHEREAS,the City respects the rights of peaceful assembly and protest; and WHEREAS,with liberty comes responsibility; violence directed against persons and other acts that threaten public safety, including setting of fires and throwing objects, endangers innocent persons and first responders charged with keeping the peace; and WHEREAS,it has been reported that violence is being instigated by outside agitators; and WHEREAS,in order to safeguard the rights of peaceful assembly and protest, to protect the safety of City residents, property and businesses as well as emergency and law enforcement providers, it is necessary to establish a curfew to quell violence and destruction of property; and WHEREAS,it is the City’s intent to impose only a nighttime curfew so as to leave opportunities during daytime for the voices of the protesters to make themselves heard; and WHEREAS,upon proclamation of a local emergency, the City Manageras Director of Emergency Services is authorized to make and issue regulations on matters reasonably related to the protection of life and property as affected by such emergency and to impose a curfew under Government Code Section 8634 and the San Bernardino Municipal Code; and Executive OrderNo. 2020-04 WHEREAS,this Order is adopted pursuant to the City’s police powers and powers afforded to the City in time of local emergency such powers being afforded by the State Constitution, State law, and the San Bernardino City Charter and Municipal Code to protect the peace, health, and safety of the public, and to protect life and property as affected by the emergency, in that this Order declares an emergency and imposes a curfew in order to restore the peace and prevent additional disturbances, looting, violence as has been seen locally in recent days; and WHEREAS,on May 31, 2020, the City Manager as Director of Emergency Services issued Executive Order No. 2020-01 proclaiming the existence of a local emergency and imposing a curfew beginning at 8 p.m.; and WHEREAS,on the evening of May 31, 2020, the City experienced severe civil unrest which included various acts of looting, vandalism, and arson; and WHEREAS,this Order rescinds the May 31 order and amends the curfew so that it now begins at 6 p.m. BE IT ORDEREDBY THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICESOF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Executive Order No. 2020-01 issued on May 31, 2020 is hereby rescinded and replaced with this Resolution. SECTION 3.Conditions of extreme peril to the safety of persons and property have arisen within and around the City of San Bernardino, caused by potential civil unrest and disturbances and violence. SECTION 4.The aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency and imposition of acurfew. SECTION 5.Said local emergency shall be deemed to continue and shall be brought before the City Council within seven days for ratification. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of San Bernardino; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of San Bernardino shall be those prescribedby law, by ordinances, and resolutions of the City of San Bernardino, and approved by the City Council. SECTION 6.Curfew. A curfew is hereby in effect starting daily at 6p.m., and ending at sunrise, and during which no person shall be upon the public street, avenue, alley, park, or other public place or unimproved public realty. This curfew shall not apply to the San Bernardino Executive OrderNo. 2020-04 Police Department, firefighters, or other emergency personnel or civilians engaged in police or emergency work, nor shall it apply to authorized representatives of any news service, newspaper, or radio or television station or network, or persons traveling to or from work or religious meetings. SECTION 7.The law enforcement forces of this City, along with the law enforcement authorities cooperating with the City are hereby authorized and charged, to the extent provided by law, with the responsibility of enforcing this curfew and are further authorized to arrest such persons as do not obey this curfew after due notice, oral or written, has been given to said citizen. Any person not abiding by this declaration is guilty of a misdemeanor and subject to punishment in accordance with the San Bernardino Municipal Code enforcement provisions. SECTION 8.This curfew shall remain in effect until such time as it is terminated by either the Director of Emergency Services or the City Council, or the termination or expiration of the local emergency. The Director of Emergency Services is directed announce the curfew and penalties for violatingthe curfew on the city’s website and other available messaging options. SECTION 9.Severability. If any provision of this Order or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Order are declared to be severable. ORDEREDby the City Manager/Director of Emergency Servicethis ___ day of June, 2020. Teri Ledoux, City Managerand Director of Emergency Services Cityof San Bernardino