HomeMy WebLinkAboutRES. 2020-096 - Emergency Resolution and Ratification of Executive Order - Civil UnrestResolution No. ___
RESOLUTION NO. 2020-96 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING EXECUTIVE ORDER NO. 2020-04 AND
PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Government Code Section 8630 and Chapter 2.46 of the San Bernardino
Municipal Code empower the 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 of San Bernardino caused by severe 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 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
Resolution No. ___
WHEREAS, on June 1, 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 and imposing a curfew beginning at 6 p.m.; and
WHEREAS, the City Council must ratify the proclamation of the 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 and Federal 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 AND CITY 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. 2020-04 issued by the City Manager on June 1, 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 by state law, ordinances, and resolutions of this City and by the City of San
Bernardino Emergency 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 Resolution 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 Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of June, 2020.
Resolution No. ___
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City 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 _______,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
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