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CC RESOLUTION 5219RESOLUTION NO. 5219 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE CITY MANAGER'S ADMINISTRATIVE PROCLAMATION OF LOCAL EMERGENCY DATED MAY 31, 2020 AND ADMINISTRATIVE ORDER NO. 1. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds that: A. Over the past several days, there has been civil unrest in the City of Los Angeles as well as in the cities of Beverly Hills, Culver City, Santa Monica, West Hollywood, Long Beach and other portions of Los Angeles County which has led to injuries to persons and destruction of property; B. On May 30, 2020, Governor Newsom issued a Proclamation of a State of Emergency for Los Angeles County and the City of Los Angeles; C. The City of El Segundo is adjacent to City of Los Angeles and there is an imminent threat of the civil unrest spreading to the City of El Segundo which could lead to extreme peril to life and property in the City of El Segundo; D. On May 31, 2020, there were protests planned in the City of Torrance on May 31, 2020, and the City of Manhattan Beach on June 1, 2020, and there have been social media posts encouraging people to bring the civil unrest to other South Bay Cities, including the City of El Segundo; E. On May 31 and June 1, the County of L.A. Board of Supervisors imposed a Countywide curfew for both unincorporated and incorporated areas of the County (including the City of El Segundo); F. The dangers presented by such civil unrest caused the City Manager to proclaim the existence of a local emergency beginning on May 31, 2020, in accordance with El Segundo Municipal Code Chapter 2-2 and issue Administrative Order No. 1 to impose a curfew consistent with the County's order; G. Based upon information provided to the City Council by the City Manager, acting as the Director of Emergency Services, including, without limitation, set forth in the staff report accompanying this Resolution, it is apparent that local resources are unable to completely cope with the effects of this emergency; and K Accordingly, pursuant to El Segundo Municipal Code (ESMC) section 2-2- 5, the Director of Emergency Services is hereby requesting the City Council proclaim the existence of a local emergency. RESOLUTION NO. 5219 PAGE 1 of 3 SECTION 2: The City Council has reviewed the state of the community and ratifies the City Manager's Proclamation of Emergency dated May 31, 2020, and Administrative Order No. 1 imposing a Citywide curfew consistent with the County's order. SECTION 3: In accordance with Government Code section 8630 and ESMC Chapter 2- 2, and applicable law, the City Council declares that due to such civil unrest, a local emergency exists within the City of El Segundo's territorial limits. SECTION 4: The City Manager, as the Director of Emergency Services, is empowered to carry out all emergency powers conferred upon him as the Emergency Services Director by local and state laws, and by all other lawful authority, as may be necessary to protect life and property. SECTION 5: During the existence of this local emergency, the powers, functions, and duties of the Emergency Services Director and the emergency organization of this City will be those prescribed by state law, by ordinance, and resolutions of this City approved by the City Council. SECTION 6: Since local resources are unable to cope with the effects of this emergency, the City Council directs the Emergency Services Director to forward a copy of this resolution to the Los Angeles County Office of Emergency Management to 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 and forward it to the Governor of California with the request that the Governor proclaim the City of El Segundo to be in a state of emergency; 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 the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. SECTION 7: The Emergency Services Director is directed to send this resolution to the California Office of Emergency Services (OES). SECTION 8: Pursuant to Government Code section 3504.5(b), when the City Council determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the Emergency Services Director shall provide notice and opportunity to meet at the earliest practicable time following the adoption of the ordinance, rule, resolution, or regulation. SECTION g: The City Manager is designated as the authorized representative for public assistance and as the authorized representative for individual assistance of the City of El Segundo for the purpose of receiving, processing, and coordinating all inquiries and requirements necessary to obtain available state and federal assistance. SECTION 10: This local emergency will continue to exist until otherwise determined by City Council Resolution. The City Council must review the need for continuing the local emergency at least once every 60 days until the emergency is terminated. RESOLUTION NO. 5219 PAGE 2 of 3 SECTION 11: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 12: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 31d day of June, 2020. .............. Drew Boyl �, "Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5219 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a special meeting of said Council held on the 3rd day of June, 2020, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None - W�l aovo Tracy Weav ' ', City Clerk APPROVED AS TO FORM: Mark 0, Hensley, C RESOLUTION NO. 5219 PAGE 3 of 3 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA WHEREAS on May 25, 2020, George Floyd tragic --ally died in Minneap.-.)olis, Minnesota, shortly following his arrest in which on officer of the Mjnne(,:)poIis Police Delz)artrn(,:nt kneeled on his neck to det(..iin hir-n during thee arrest, and then did riot resj,.)(.-)nd to /Vjjr. Floyd's requests foi help when sfated that he could not brec::&e; and WHEREAS Los Angeles County and tear City of I os,Angeles have requested Siafe assistance including the o(,:::hvcjhon of the California 1',Jolionol Guard based on the civil unrest the City and County of [..as Angeles report and based or) lirfled local resource�s, and WFIEREAS I find thnf conditions of Government Code secii(..-)n 8558(b), relating to the proc,lm-natior't Of ca St(:,ite of Ernergericy, have been ryiet; and WHEREAS under the pr(:wisions of Government Code section 8625(c), I find that local authority is inadeqw, Ate to address the threat posed i,,::)y the civil unrest within Los Angeles Cor,.jr-ity and the City of Los Angeles. NOW, THEREFORE, i, GAVlNl NEWSOM, Governor of the State of C( Afonnia, in occordance with the m.Whority VE;Sted in i-ne t::ay the State Conshfution and statutes, ir'iclu(' Aing the California I mergency Services Act, and in particular, Government Code section r8625, HEREBY PROCLAU A STATE OF EMERGE114CY to exist in Los Angeles Co+ infy and the City of Los Angeles. All agendes (,.)( t1he state government use and employ state personnel, equipment, and facililies oii perforrn any and oN aclivilles consislenf with the direchon o[ the Office of Emergency Services :md the Sf(.:)le Emergency Plan. Akc, afl residents are to heed the advice of erneigency officials with regard to -this emergency in order to protect UhE..Iir safely I I he Office of Emergency Services sh(..ill provide assistance to I os Angeles Cor.jnfy (zind the City of I os Angeles, if applol.oriate and necessary, under the aufhori-ly of the California Dis(::isfer Assisfan(,::.,e Act, Government C(' )ce, secfk:)n 8550 et seq., and (-aiifomla Code of Regulkifinns, rille 19, section 2900 et seq. I he C'alifoimio "kitionol Guard shak rn(:)Ulize, urick,,r NUNCAfy and Ve"h,n(mris CodSections 43 and 1 46 10 sulp, .,)orl (-,rfforls lin Lo: %- je'le's County arld 'CI 1(,-,, City of l.o I FURTHER DIRECT That as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of Slate and that widespread publicity and notice be given of Ihis proclarnation., IIN WTINIESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 3M day of May 2020. GAVIN NEWSOM Governor of California ALEX PADILLA Secretary of State ' �k• � �,� � •dr �„lr� III � ��' h4� PROCLAMATION OF LOCAL EMERGENCY 2020 -1 TO ADDRESS CIVIL UNREST Elected Officials Drew Boyles, M��a• rYln The City Manager finds: Chris Pimentel, ,11ayorPro Tem There is civil unrest in the City of Los Angeles as well as in the cities of Beverly Hills, Carol Pirszhtk, Culver City, Santa Monica, West Hollywood, and other portions of Los Angeles County Councihnember which has led to injuries to persons and destruction of property. Scot Nicol, Councilrnemher The City of El Segundo is adjacent to City of Los Angeles and there is an imminent threat Coutrciembe Cowuilmember• of the civil unrest spreading to the City of El Segundo which could lead to extreme peril to life and property in the City of El Segundo. Tracy Weaver City Clerk tilalthew Robinson, On May 30, 2020, Governor Newsom issued a Proclamation of a State of Emergency for city Treasurer Los Angeles County and the City of Los Angeles. Appointed Officials There are protests planned in the City of Torrance on May 31, 2020, and the City of Sc•ottMitniek, Manhattan Beach on June 1, 2020, and there have been social media posts encouraging City Manager people to bring the civil unrest to other South Bay Cities, including the City of El Segundo. ,lark D. Hensley, cityAttor•ney _...�.................. _ � �....w .. The mobilization of local resources the ability to coordinate interagency response, Department Directors accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to responding to the Barbara Moss, Depute Qy Nfanager• civil unrest. Therefore, these conditions of imminent peril warrant and necessitate the proclamation of the existence of a local emergency. Jmseph Lillio, Finance Chris Donovan, Accordingly, pursuant to El Segundo Municipal Code S 2-2-5, a local emergency is Fire chief proclaimed to exist within the City of El Segundo. This action will be taken to the City David Serrano, Council for confirmation within seven days. Human Resources t"hua•lc°sA111llory" A copy of this Proclamation shall be forwarded to the Governor of California with the hifi vnation Sl,stenrs request that the Governor proclaim the existence of a State of Emergency throughout the "Veliss[uYlccolann, City of El Segundo; and to the State Director of the Office of Emergency Services. Library Services Sain Plan ing & Building Siff(t y � Scott khtinick Bill R'halen. Police Chief City Nlanager 4Wark W[rtkitrs, City of El Segundo Public Works MeredithPerit• Recreation & Parks`..: Date: .. .�.� ...: .. r- ....--. ADMINISTRATIVE ORDER NO. 1 2020 -1 TO ADDRESS CIVIL UNREST Elected Officials Imposing ywide p g a Curfew Cit Drew Boyles, rtirr,i,a,. Order issued: May 31, 2020 Chris Pitnewel, Mayor Pro Tern By virtue of authority vested in me as the City Manager of the City of El Segundo pursuant Carol Pirs-trrk, to the provisions of the E1 Segundo Municipal Code, Section 2-2-5, to promulgate, issue, Cotnrcihnember and enforce rules, regulations, orders, and directives, I hereby declare the following Scot Nicol, orders to be necessary for the protection of life and property. This Order will take effect CouncibttembL1• immediately and remain in effect until the current local emergency is terminated by City Lance Giroux, Council resolution.Councilrnentber Tracy Wearer, Citr Clerk This Order is issued in accordance with, and incorporates by reference, the May 30, Matthew Robinson, 1 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom, for Los City Treasurer Angeles County and the City of Los Angeles, and the May 31, 2020 Declaration of Local ............. Emergency issued by the City Manager. Appointed Otcials Scott:blitnick, PURSUANT TO GOVERNMENT CODE SECTION 8630 AND EL SEGUNDO Citr.Wanager MUNICIPAL CODE CHAPTER 2-2, THE CITY MANAGER, ACTING AS THE iffark D. Hensley, city Attorney EMERGENCY SERVICES DIRECTOR, ORDERS THE FOLLOWING: Department Directors ^ 1. Effective May 31, 2020, a curfew will be in effect between the hours of 6:00 p.m. and 6:00 a.m. during the state of local emergency. Barbara Moss, Deputy City Manager Joseph Lillio, 2. During the curfew hours of 6:00 p.m. and 6:00 a.m., no person shall be upon the Finance public street, avenue, alley, park, way or other public place or unimproved public Chris Donovan, property within the City of El Segundo. This curfew shall not apply to: Fire Chief a. Peace officers, firefighters, the National Guard or other military emergency Darin Serrano, Htunan Resources personnel or disaster service workers. Charles Mallon% lydrrrn:rttitrrr Smi,terrts b. Authorized representatives of any news service, newspaper, or radio or television Melissa :blecollurtt, [ station or network. Library Services Stun Lee, Plrutning & Builrlin; SaJetr� c. People going directly to and from their lace of employment. P g P Bill Whalen, Police Chief d. People accessing urgent medical care,. Mark RWkin.s. Public Works e. Essential critical infrastructure workers as that term is defined in State of California Meredith Petit, Recreation & Parks and L.A. County public health orders. I 3. The El Segundo Police Department, along with law enforcement authorities cooperating with the E1 Segundo Police Department, 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 that do not obey this curfew after due notice, oral or written, has been given to said persons. A violation of any of the above prohibitions constitutes a misdemeanor under El Segundo Municipal Code Section 2-2-8 and is punishable by fines not to exceed $1,000 or imprisonment not to exceed six months. Further; the violation of any provision of this Order is declared to be a nuisance and may be abated by the City in accordance with its authority to abate nuisances. The remedies listed in this Order are not exclusive of any other remedies available to the City under any applicable Federal, State or local law. This Order shall remain in effect until it is terminated by either the Director of Emergency Services, the City Council of the City of El Segundo, or the state of emergency is terminated. /,J) Scott Mit���ic6 City Manager City of El Segundo Date: �._ ._.i' ... 2