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Ratification of the Existence of a Local Emergency1 of 8 June 2, 2020 (Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the June 2, 2020 Council Meeting) DATE: June 2, 2020 TO: Honorable Mayor and Members of the City Council FROM: Chris Hazeltine, City Manager CONTACT: Chris Hazeltine, City Manager 858-668-4501 or chazeltine@poway.org SUBJECT: Ratification of the Existence of a Local Emergency Summary: On May 31, 2020, the County of San Diego declared a local emergency based on widespread arson, looting, assaults, vandalism and rioting stemming from public demonstrations in the County. Later that same day, following recommendations from several law enforcement agencies in possession of specific credible intelligence concerning the imminent threat of similar criminal activities and violent acts in the City, the City Manager, as Director of Emergency Services of the City of Poway declared a local emergency in the City based on similar conditions. Pursuant to the authority provided by this declaration of a local emergency, following recommendations from law enforcement agencies and in concert with the County and other cities in the area, including Santee, La Mesa and El Cajon, the City imposed a curfew from 8 p.m. to 5:30 a.m. on the evenings of May 31-June 1, 2020 and June 1-2, 2020. The curfew did not prevent or otherwise interfere with any peaceful protests. Section 2.12.065 of the Poway Municipal Code requires the City Council to ratify the existence of a local emergency within seven days of a declaration of local emergency made by the Director of Emergency Services while the City Council was not in session or declare the termination of the local emergency. The City Manager recommends that the City Council ratify the existence of a local emergency. Recommended Action: It is recommended that the City Council adopt the Resolution ratifying the existence of a local emergency relating to public demonstrations. This action requires a four-fifths (4/5) vote of the City Council. Environmental Review: None. M EMQRAN DLJ M City of Poway ADDITIONAL MATERIALS Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: Assistant City Manager 2 of 8 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch,k;; City Manager June 2, 2020 3 of 8 ATTACHMENT A June 2, 2020 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE EXISTENCE OF AN EMERGENCY WITHIN THE CITY WHEREAS, on 12:06 p.m. on May 31, 2020, the County of San Diego (“County”) declared a local emergency based on conditions of extreme peril to the safety of persons and property have arisen within the County, caused by widespread arson, looting, assaults, vandalism and rioting stemming from public demonstrations; WHEREAS, at approximately 4:00 pm on May 31, 2020, the City Manager, as Director of Emergency Services of the City of Poway, acting pursuant to Government Code section 8630 and PMC section 2.12.060, declared a local emergency in the City based on similar conditions, the imminent peril of violence in the City, as evidenced by credible intelligence from multiple law enforcement agencies, in order to protect the health of the City’s citizens, private property, government services and other interests relating to the public welfare; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, determined that, consistent with the County and based on a recommendation from the County Sheriff’s Office and other law enforcement entities, and in coordination with other nearby cities in the County, that imposing a curfew in the City, starting at 8 p.m. on May 31, 2020 and ending June 1, 2020 at 5:30 a.m., and starting again at 8 p.m. on June 1, 2020 and ending on June 2, 2020 at 5:30 am., based on the above-described local emergency, was appropriate and necessary; WHEREAS, the City Council is required by Government Code section 8630 and PMC section 2.12.065 to ratify the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, the ongoing civil unrest described above constitutes an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Poway hereby finds and declares: Resolution No. 20- Page 2 4 of 8 June 2, 2020 SECTION 1: An emergency exists within the City as the result of widespread arson, looting, assaults, vandalism and rioting stemming from public demonstrations and the imminent peril of such violence in the City and resulting impacts to the health and safety of citizens in the City, damage to private property and government services; and (a)The continuing threat of this emergency requires that the City be able toexpend public money in order to safeguard life, health, or property; and (b)The City Manager is authorized to safeguard life, health, or property withoutcomplying with notice or bidding procedures; (c)Once such expenditure is made, the City Manager shall report theconditions to the City Council at each regular meeting, at which time theCity Council shall either continue the emergency action or shall declare theemergency ended; and (d)The City Manager, as the Director of Emergency Services, is herebyauthorized to impose curfews within the City as determined to beappropriate in his discretion as Director of Emergency Services in the faceof imminent threat of violence and/or to protect the health of citizens,private property, government services, and other interests relating to thepublic welfare, in consultation with the County Sheriff’s office and/or otherlaw enforcement agencies, until the City has declared the termination of thestate of local emergency confirmed by this Resolution. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED, AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 2nd day of June, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ______________________________ Steve Vaus, Mayor ATTEST: ______________________________ Faviola Medina, CMC, City Clerk 2523/012782-0005 15123580.1 a06/02/20 5 of 8 ATTACHMENT B June 2, 2020 PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by extreme peril to the safety of persons and property within the City and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by widespread arson, looting, assaults, vandalism and rioting stemming from public demonstrations commencing on May 31, 2020, as defined in Poway Municipal Code chapter 2.12.020; WHEREAS, at 12:06 p.m. on May 31, 2020, the County of San Diego (“County”) has declared a local emergency; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, has determined that imposing curfew in the City, starting at 8 p.m. on May 31, 2020 and ending June 1, 2020 at 5:30 a.m., based on the above-described local emergency is appropriate; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued, at its next regular meeting on June 2, 2020. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; IT IS FURTHER PROCLAIMED AND ORDERED by the Director of Emergency Services for the City of Poway that the curfew imposed by the County Sheriff is necessary and appropriate to impose in the City by the County Sheriff; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor’s Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2523/012782-0005 15123580.1 a06/02/20 -6- 6 of 8 June 2, 2020 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 31st day of May, 2020. Director of Emergency Services 4:00 p.m. s/ Chris Hazeltine Date and Time Chris Hazeltine ORDER OF CURFEW AND CURFEW REGULATIONS It shall be unlawful for any person to travel or be upon a public street, sidewalk, or public place within the City of Poway during the dates and hours designated below, unless exempt for the reasons set forth below. For purposes of this Curfew Order and Curfew Regulations, "travel" includes, without limitation, travel on foot, bicycle, skateboard, scooter, motorcycle, automobile, or public transit. This Curfew is in effect from May 31, 2020 at 8 p.m. until June 1, 2020 at 5:30 a.m. Exemptions: All law enforcement, fire, medical personnel, and members of the news media are exempt from this Curfew. Individuals traveling directly to and from work, seeking emergency care, fleeing dangerous circumstances, or experiencing homelessness are also exempt. Date: 5/31/2020 Time: 4:00 pm s/ Chris Hazeltine Chris Hazeltine Director of Emergency Services City of Poway VIOLATION OF THIS ORDER IS A MISDEMEANOR PUNISHABLE BY A FINE NOT TO EXCEED $1000, OR BY IMPRISONMENT NOT TO EXCEED SIX MONTHS, OR BOTH, PURSUANT TO POWAY MUNICIPAL CODE SECTION 1.08.010 7 of 8 June 2, 2020 8 of 8June 2, 2020