Res 20-035RESOLUTION NO. 20-035
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. 20-035
Page 2
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 to
expend public money in order to safeguard life, health, or property; and
(b) The City Manager is authorized to safeguard life, health, or property without
complying with notice or bidding procedures;
(c) Once such expenditure is made, the City Manager shall report the
conditions to the City Council at each regular meeting, at which time the
City Council shall either continue the emergency action or shall declare the
emergency ended; and
(d) The City Manager, as the Director of Emergency Services, is hereby
authorized to impose curfews within the City as determined to be
appropriate in his discretion as Director of Emergency Services in the face
of imminent threat of violence and/or to protect the health of citizens,
private property, government services, and other interests relating to the
public welfare, in consultation with the County Sheriff's office and/or other
law enforcement agencies, until the City has declared the termination of the
state 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: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Faviola Medin
, CMC, City Clerk
Steve Vaus, Mayor