HomeMy WebLinkAbout2020-23 - Ratifying Proclamation No. 2020-02, Declaring the Existence of a Local EmergencyRESOLUTION NO. 2020-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, RATIFYING PROCLAMATION NO. 20-02 DECLARING THE
EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING REGULATIONS NO. 1
AND 2 ESTABLISHING A CITYWIDE CURFEW
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager,
as the Director of Emergency Services, to declare the existence or threatened existence
of a local emergency when the City is affected or likely to be affected by a public calamity;
and
WHEREAS, Government Code Section 8550, et seq., including Section 8558(c),
authorize the City Council to proclaim a local emergency when the City is threatened by
conditions of disaster or extreme peril to the safety of persons and property within the City
that are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City; and
WHEREAS, the tragic death of George Floyd while in Minneapolis Police
Department custody has generated widespread protests, most of which began peaceably,
but which have turned into riots, with arson, looting and violent confrontations between
some of the protesters and law enforcement personnel across the Country, which have
included serious injuries to police officers and the death of at least one person; and
WHEREAS, there has been widespread arson, looting, assaults, vandalism, rioting
and other civil unrest in the Cities of Los Angeles, Santa Monica, Long Beach and Santa
Ana, as well as other nearby cities since May 30, 2020, and continuing to the present.
Since at least May 28, 2020, there has also been widespread arson, looting, assaults,
vandalism and rioting stemming from public demonstrations in numerous other cities
throughout California and across the country. Peaceful demonstrations are essential to
our democratic system. However, some individuals have engaged in dangerous and
unlawful activity, threatening the safety of lawful demonstrators, surrounding
communities, and first responders; and
Resolution No. 2020-23 Page 1 of 5
WHEREAS, on May 31, 2020, California Governor Gavin Newsom declared a
State of Emergency in Los Angeles County and local officials declared a 6:00 p.m. curfew
due to rioting, looting and other acts of violence; and
WHEREAS, Costa Mesa is a densely populated city within Orange County, which
is the sixth largest county in the United States, with one of the highest population
densities; and
WHEREAS, many incendiary social media posts have urged destruction of
property and looting in the City and surrounding areas; and
WHEREAS, there is an imminent threat of the civil unrest spreading to the City of
Costa Mesa which could lead to extreme peril to life and property in the City of Costa
Mesa; and
WHEREAS, these civil unrest conditions, if fully manifested, are, or are likely to be,
beyond the control of the services, personnel, equipment, and facilities of the City of Costa
Mesa; and require the combined forces of other political subdivisions to combat; and
WHEREAS, the City of Costa Mesa has the power to impose measures to prevent
civil unrest, rioting, arson and other harmful conduct which threatens the health and safety
of residents and the property of residents and business owners; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and allow for future
reimbursement by the state and federal governments will be critical to successfully
responding to the civil unrest and violence; and
WHEREAS, on May 31, 2020 the City Manager, as the City's Director of
Emergency Services, has declared a local emergency as authorized by Government
Code section 8630 and Costa Mesa Municipal Code section 6-6(a)(1). A true and correct
copy of Proclamation No. 2020-02 is attached hereto and incorporated herein by this
reference; and
WHEREAS, on May 31, 2020 the City Manager, as the City's Director of
Emergency Services, issued Regulation No. 1 imposing a citywide curfew pursuant to the
proclamation of local emergency as authorized by Government Code section 8630 and
Costa Mesa Municipal Code section 6-6(a)(1). A true and correct copy of Regulation No.
1 is attached hereto and incorporated herein by this reference; and
Resolution No. 2020-23 Page 2 of 5
WHEREAS, on June 1, 2020 the City Manager, as the City's Director of
Emergency Services, issued Regulation No. 2 imposing a citywide curfew pursuant to the
proclamation of local emergency as authorized by Government Code section 8630 and
Costa Mesa Municipal Code section 6-6(a)(1). A true and correct copy of Regulation No.
2 is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Costa
Mesa as follows:
A. The City Manager's Proclamation of Local Emergency No. 2020-02 dated
May 31, 2020, and orders contained therein, is hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government
Code Section 8550, et seq., including Section 8558(c), and Chapter 1 of
Title 6 of the Costa Mesa Municipal Code, a local emergency exists based
on the existence of conditions of disaster or of extreme peril to the safety of
persons and property caused by civil unrest, as detailed in the recitals set
forth above.
C. The area of the City which is endangered/imperiled is the entire City.
D. During the existence of this local emergency, the powers, functions, and
duties of the emergency organization of this City shall be those prescribed
by state law and by ordinances, resolutions, and orders of this City,
including but not limited to the City of Costa Mesa Multi -Hazard Functional
Emergency Plan.
E. This local emergency shall continue to exist until the City Council proclaims
the termination of this local emergency.
F. That a copy of this resolution and the emergency proclamation be forwarded
to the Director of California Governor's Office of Emergency Services
requesting that the Director find it acceptable in accordance with State Law;
that the Governor of California, pursuant to the Emergency Services Act,
issue a proclamation declaring an emergency in the City of Costa Mesa;
that the Governor waive regulations that may hinder response and recovery
efforts; that recovery assistance be made available under the California
Disaster Assistance Act; and that the State expedite access to State and
Resolution No. 2020-23 Page 3 of 5
Federal resources and any other appropriate federal disaster relief
programs.
G. Regulation No. 1 pursuant to Proclamation No. 2020-02, which imposed a
citywide curfew in the City of Costa Mesa from 8 p.m. on May 31, 2020 to
5:30 a.m. on June 1, 2020, is hereby ratified.
H. Regulation No. 2 pursuant to Proclamation No. 2020-02, which imposed a
citywide curfew in the City of Costa Mesa each day from 7 p.m. to the next
day at 5:30 a.m., commencing on June 1, 2020 at 7:00 p.m. and continuing
to 5:30 a.m. on June 8, 2020, subject to earlier termination or extension, is
hereby ratified.
I. Violations of this Regulation shall be punishable as set forth in Costa Mesa
Municipal Code section 12-18 and pursuant to the California Government
Code. Each and every day a violation exists may constitute a separate and
distinct offense.
J. The law enforcement forces of this City, along with other 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 persons.
PASSED, APPROVED AND ADOPTED this 2"d day of June, 2020.
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Brenda Gre , City Clerk
APPROVED AS TO FORM:
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Kimberly HA Barlow, City Attorney
Resolution No. 2020-23 Page 4 of 5
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2020-23 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a special meeting
held on the 2"d day of June, 2020, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARR,
REYNOLDS, STEPHENS, AND FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal
of the City of Costa Mesa this 3rd day of June, 2020.
BRENDA GR N, CITY CLERK
Resolution No. 2020-23 Page 5 of 5