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HomeMy WebLinkAbout2020-046 - Ratifying Executive Order No. 2020-05RESOLUTION NO. 2020-046 EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, RATIFYING EXECUTIVE ORDER NO. 2020-05 DECLARING A LOCAL EMERGENCY WHEREAS, Government Code Section 8630 and Section 2-404 of the Santa Ana Municipal Code ("SAMC) empower the City Council to proclaim a local emergency when the City of Santa Ana ("City") is subject to conditions of disaster or extreme peril, existing or imminently likely so as to threaten lives and property within the territorial limits of the City; 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; WHEREAS, conditions in various Southern California cities necessitated that the California National Guard has been deployed to keep the peace in the City of Los Angeles, City of Santa Monica, and City of Long Beach; and WHEREAS, on the evening of May 30, 2020, the City of Santa Ana experienced severe civil unrest which included various acts of looting, vandalism, and throwing of rocks, bottles and fireworks in the direction of police officers; and WHEREAS, on May 31, 2020, the City Manager, pursuant to the authority granted to her in SAMC Section 2-404 as the Director of Emergency Services, issued Executive Order 2020-5 declaring a local emergency and ordering a curfew beginning at 10:00 p.m. Sunday, May 31, 2020 and continuing until Monday, June 1, 2020 at 5:00 a.m. in response to civil unrest resulting from protests; and WHEREAS, the City Council must ratify the proclamation of the existence of a local emergency within seven (7) days following the proclamation; WHEREAS, on May 31, 2020, despite the City-wide curfew in effect, the City of Santa Ana experienced additional episodes of civil unrest; and WHEREAS, conditions of extreme peril to the safety of persons and property arose within the City of Santa Ana caused by severe civil unrest, which included various acts of looting and vandalism; and WHEREAS, protests have been ongoing throughout Southern California; and WHEREAS, the City joins the protestors and others in their outrage regarding the death of George Floyd while in the custody of the Minneapolis Police Department, and Resolution No. 2020-046 Page 1 of 3 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, 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, on May 31, 2020, the City's Director of Emergency Services issued an Executive Order declaring a local emergency and instituting a curfew to quell violence and destruction of property; 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 and Federal governments is critical to successfully responding to the civil unrest in the City; and WHEREAS, the conditions of extreme peril warranted and necessitated the proclamation of the existence of a local emergency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA 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 Santa Ana hereby ratifies Executive Order No. 2020-05 declaring a local emergency issued by the City's Directorof Emergency Services on May 31, 2020. SECTION 3. The City Council of the City of Santa Ana hereby proclaims that a local emergency did exist throughout the City due to the episodes of civil unrest which occurred on May 30-June 1, 2020. SECTION 4. The City Manager is hereby directed to ensure City staff track costs associated with staffing, supplies, and equipment related to this emergency. SECTION 5. The local emergency that necessitated the need for a curfew as set forth in Executive Order 2020-5 has ceased but the previously declared local emergency as a result of the COVID-19 pandemic declared pursuant to Resolution No. 2020-016 remains. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other Resolution No. 2020-046 Page 2 of 3 provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. ADOPTED this 2ntl day of June, 2020. ��/ ATTEST: �BPJ YDi� . Daisy Gomez Clerk of Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: Councilmembers Bacerra, Mendoza Penaloza, Pulido Sarmiento Solorio. Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-046 to be the original resolution adopted by the City Council of the City of Santa Ana on June 2, 2020. Date: 6' e— �2U Daisy Gome Clerk of the Council City of Santa Ana Resolution No. 2020-046 Page 3 of 3