i2
AGENDA REPORT
Meeting Date: February 7, 2025
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
RATIFYING THE RULES PROMULGATED BY THE DIRECTOR OF
EMERGENCY SERVICES DURING THE LOS ANGELES COUNTY FIRES AND WINDSTORM EVENT OF JANUARY 2025
Attachments: 1. Resolution
2. Director of Emergency Services Rules3. February 4, 2025 Executive Order
4. BHMC Section 2-4-107
RECOMMENDATION
The City Attorney’s office recommends that the Council adopt a “RESOLUTION OF THE
COUNCIL OF THE CITY OF BEVERLY HILLS RATIFYING THE RULES PROMULGATED BY
THE DIRECTOR OF EMERGENCY SERVICES DURING THE LOS ANGELES COUNTY FIRES AND WINDSTORM EVENT OF JANUARY 2025.”
INTRODUCTION
On Tuesday, February 4, the Governor signed an Executive Order regarding several topics. That Order contained 17 paragraphs of regulations, including two paragraphs that related to the price gouging ordinance that the Council adopted on Wednesday evening. The existence of the Governor’s Executive Order was not known to staff, including the City Attorney’s office.One of the two paragraphs also affected the City’s urgency ordinance temporarily suspending short-term rental regulations, which was adopted on January 16, 2025.Paragraph 16 of the Executive Order (Attachment 3) waived the maximum rent that could be charged for single family houses with more than four bedrooms in the 90210 zip code that had not
B0785-000I\3074533v1 .doc
)
Meeting Date: February 7, 2025
been previously rented or offered for rent in the year preceding January 6, 2025. That waiver is only in effect until March 8, 2025.Paragraph 17 of the Executive Order waived the length of the rental term contained in the State’sprice gouging statute. Before this Executive Order, the price gouging statute applied only to rental terms of one year or less. However, the Executive Order applies the price gouging statute to all rentals, regardless of term.
The City Council is being asked to consider a resolution ratifying the rules and regulations adopted by the Director of Emergency Services that incorporated the changes set forth in the Executive Order into our local ordinances.
DISCUSSION
In adopting the City’s price gouging regulations, the City Council sought to mirror the State’s regulations concerning price gouging. The Council was concerned that residents could be confused by potentially conflicting regulations, or residents could assume that by complying with one set of regulations, they would be safe from prosecution under the other set of regulations.
Therefore, the Council adopted price gouging regulations that substantially mirrored the State law.
It was not anticipated that the Governor would adopt an Executive Order that would essentially change that state law, at least temporarily.
In response to this change to State law brought about by the Governor’s Executive Order, the Director of Emergency Services adopted rules and regulations to mimic the Governor’s Executive Order. She adopted these in order to implement the City Council’s intent concerning regulationsregarding price gouging, and the City Council’s temporary suspension of short-term rentalregulations. (Attachment 2).
The Director of Emergency Services has authority to adopt such rules and regulations pursuant to Beverly Hills Municipal Code section 2-4-107(A)(8)(b). However, such rules must be ratified by the City Council as soon as practicable.
Thus, the City Council is being asked to adopt a resolution ratifying the actions of the Director of Emergency Services.
The City Attorney’s Office believes that this ratification is appropriate to further the Council’s goal of mirroring the State’s regulations.
FISCAL IMPACT
The revision to the price gouging regulations is not anticipated to materially impact the generalfund. It is possible that there will be a small number of prosecutions pursuant to the revised regulations, however, that cost should be minimal and will likely not be different than the currentregulations.
Laurence S. Wiener
City Attorney
Approved By
B0785-000l\3074533v1 .doc
Attachment
1 RESOLUTION NO. 25-R
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS RATIFYING THE RULES PROMULGATED BY THE
DIRECTOR OF EMERGENCY SERVICES DURING THE LOS
ANGELES COUNTY FIRES AND WINDSTORM EVENT OF
JANUARY 2025
THE CITY COUNCIL HEREBY RATIFIES THE FOLLOWING RULES AND REGULATIONS PROMULGATED BY THE DIRECTOR OF EMERGENCYSERVICES:
WHEREAS, the Los Angeles County Fires and Windstorm Event of January 2025 has burned over 40,000 acres, destroyed more than 12,000 residential and commercial structures. and damaged critical infrastructure; and
WHEREAS, on January 7, 2025. the Governor of California declared a State of Emergency to exist in Los Angeles and Ventura Counties due to the Fires and Windstorm Event; and
WHEREAS, thousands of Los Angeles County residents have had their lives significantly impacted through partial or complete property loss, damage or evacuation orders, and
WHEREAS, in the wake of widespread destruction. thousands of Los Angeles County residents must now purchase a myriad of goods and services to sustain theirwellbeing and to begin the long process of rebuilding their lives; and WHEREAS, California Penal Code Section 396 makes it illegal for a person, contractor, business, or other entity to increase the price of a product or service item more than ten (10) percent for the following thirty (30) days after a proclamation of a state of emergency declared by the President of the United States or the Governor, or upon thedeclaration of a local emergency by an official, board, or other governing body vested withauthority to make that declaration; and WHEREAS, pursuant to California Penal Code Section 396(k), municipalities are authorized to enact local legislation prohibiting excessive and unjustified increases in the prices of essential consumer goods and services when a declared state of emergency results in abnormal disruptions of the market; and
WHEREAS, Article XI, Section 7 of the California Constitution and California Government Code Section 37100 provide the City with authority to enact local ordinances to protect the health, safety, and welfare of its residents; and WHEREAS, it is the desire ofthe City Council to maintain the City’s price-gouging article of the Municipal Code in a manner to reflect consistency with state law; and 130785-000 I \307463 lvi doc
WHEREAS, on February 4, 2025, the Governor issued Executive Order number N1 7-25 that materially altered two the provisions of State law concerning price gouging; and WHEREAS, the Director of Emergency Services, also has authority to issue rules and regulations that are reasonably related to the protection of life and property pursuant to Beverly Hills Municipal Code section 2-4-l07(A)(8)(b); and WHEREAS, the City Council must confirm these rules and regulations at the earliest time practicable; and
WHEREAS, in order to comply with the City Council’s intent to remain consistent with state law and to protect property and lives by increasing the availability of housingstock, and closing a loophole that could drive housing costs higher, the Director of Emergency Services adopted two regulations;
NOW, THEREFORE, the Council of the City of Beverly Hills does resolve as follows:
Section 1. With regard to single-family homes with more than four bedrooms in the 90210 zip code which have not been rented or offered for rent within one year prior to January 7, 2025, the price-gouging limit of one hundred sixty percent (160%) of the fair market rent established by the United States Department of Housing and Urban Development is hereby suspended until March 8. 2025.
Similarly, with regard to the temporary suspension of short-term rental regulations set forth in Ordinance 25-0-2909, the price limits on single family homes with more than four bedrooms in the 90210 zip code which have not been rented or offered for rent within one yearprior to January 7, 2025, are hereby suspended until March 8, 2025.
Section 2. The definition of “housing,” as defined in Section 2-4-102 of the Beverly Hills Municipal Code to limit “housing” to rental housing with an initial lease term of no longer than one year, is suspended and replaced with a definition that shall include “any rental housing,regardless of the initial lease term.” Section 3. Severability. If any provision of these rules and regulations are held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability ofthe other provisions of these rules and regulations.
ADOPTED:
_____________________
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
30785-0001 \307463 Iv I .doc
ATTEST:
____________________________(SEAL)
HUMA ARMED
City ClerkAPPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
-j -
B0785-000 I \307463 lvi doc
Attachment 2
RULES PROMULGATED BY THE DIRECTOR OF’
EMERGENCY SERVICES DURING THE LOS ANGELES
COUNTY FIRES AND WIN[)STORM EVENT OF JANUARY
2025
THE DIRECTOR OF EMERGENCY SERVICES. HEREBY PROMULGATES
THE FOLLOWING RULES AND REGULATIONS:
WHEREAS, the Los Angeles County Fires and Windstorm Event of January 2025 has burned over 40.000 acres. destroyed more than 12.000 residential and commercial structures, and damaged critical infrastructure and
WHEREAS. on January 7, 2025, the Governor of California declared a State of’ Emergency to exist in Los Angeles and Ventura Counties due to the Fires and Windstorm Event and
WHEREAS, thousands of Los Angeles County residents have had their lives significantly impacted through partial or complete property loss, damage or evacuation orders, and
WHEREAS, in the wake of widespread destruction, thousands of Los Angeles County residents must now purchase a myriad of’ goods and services to sustain their wellbeing and to begin the long process of rebuilding their lives: and WHEREAS, California Penal Code Section 396 makes it illegal for a person. contractor, business, or other entity to increase the price of a product or service item morethan ten (10) percent for the following thirty (30) days after a proclamation of a state of emergency’ declared by the President of the United States or the Governor, or upon thedeclaration of a local emergency by an official, board, or other governing body vested withauthority to make that declaration and WHEREAS, pursuant to California Penal Code Section 396(k), municipalities are authorized to enact local legislation prohibiting excessive and unjustified increases in the prices of essential consumer goods and services when a declared state of emergency results in abnormal disruptions of the market: and
WhEREAS, Article XI. Section 7 of’ the California Constitution and California Government Code Section 37100 provide the City with authority to enact local ordinancesto protect the health. safety, and welfare of’ its residents: and WHEREAS, it is the desire of the City Council to maintain the City’s price-gouging article of the Municipal Code in a manner to reflect consistency’ with state law; and BO75-OO() 7453Q I doc
WHEREAS, on February 4. 2025. the Governor issued Executive Order number N17-25 that materially altered two of the provisions of State law concerning price gouging; and WHEREAS, as the Director of Emergency Services, I also have authority’ to issue rules and regulations that are reasonably’ related to the protection of life and property’ pursuant to Beverly Hills Municipal Code section 2-4-107(A)(8)(b); and WHEREAS, in order to comply with the City Council’s intent to remain consistent with state law’ and to protect property’ and lives by increasing the availability of housing stock, and closing a loophole that could drive housing costs higher; I, as the Director of Emergency Services, promulgate the following rules and regulations:
Section 1 With regard to single-family homes with more than four bedrooms in the 90210 zip code which have not been rented or offered for rent within one year prior to January 7, 2025, the price-gouging limit of one hundred sixty percent (160%) of the fair market rent established by the United States Department of Housing and Urban Development is herebysuspended until March 8. 2025.
Similarly, with regard to the temporary’ suspension of short-term rental regulations set forth in Ordinance 25-0-2909. the price limits on single family homes with more than fourbedrooms in the 90210 zip code which have not been rented or offered for rent within one year prior to January 7, 2025, are hereby’ suspended until March 8, 2025.
Section 2. The definition ofhousing” as defined in Section 2-4-102 of the Beverly Hills Municipal Code to limit housing” to rental housing with an initial lease term of no longer than one year. is suspended and replaced with a definition that shall include any rental housing.regardless of the initial lease term.” Section 3. Severability. If any provision of these rules and regulations are held invalid by’ a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of these rules and regulations.
Section 4. Effective Date. These rules and regulations shall become effective immediately.
Adopted:
_______________________________
Effective: NANCY HUNT-COFFEY
Director of Emergency Services
:2 - BO785-(JOOI\3O74539 I doc
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
-3-
BOTh5-OOO\3O74539vI .doc
Attachment
3 LxI:CUTIvF DEPARTMENT
S’IATE OF CALIFORNIA
EXECUTIVE ORDER N-17-25
WHEREAS on January 7, 2025, I proclaimed a State of Emergency to exist in Los Angeles and Ventura Counties due to fire and windstorm conditions that caused multiple fires, including the Palisades, Eaton, Hurst, Lidia, Sunset,Woodley, and Hughes Fires; and WHEREAS since the fires began, I have issued several Executive Orders to bolster the emergency response to the rapid spread of these fires throughoutLos Angeles and Ventura Counties, and to expedite recovery efforts in the impacted communities; and
WHEREAS these fires devastated communities across the Greater Los Angeles Area and have collectively burned over 47,900 acres, destroying ordamaging more than 16250 structures, including homes, small businesses,schools, child care facilities, and places of worship, with initial estimates placingthis disaster among the most destructive in California history; and WHEREAS these fires have destroyed entire neighborhoods and communities, leaving residents and other impacted individuals traumatized and uncertain about the status of their homes, property, businesses, places of worship, and other community locales; and
WHEREAS it is important that impacted individuals and families not be unfairly penalized for failing to meet program deadlines and/or fee requirements for participation in state social services programs; and WHEREAS continued provision of social services by local agencies and contractors is especially important in the aftermath of this emergency and theirimportant work should not be unduly burdened by regulatory requirements thatthey may be unable to meet because of the displacement and disruptioncaused by this emergency; and WHEREAS local educational agencies are obligated to continue serving students who were enrolled, but lost their residence and may be temporarilyliving outside of district boundaries due to the fires throughout Greater LosAngeles Area pursuant to Education Code section 48852.7, but, given the extentof the impacts on schools, additional flexibility is needed to accommodate students who have been displaced and utilize temporary facilities to supportcontinuity of education; and WHEREAS protections against price gouging for rental housing safeguard against unjustified and opportunistic price surges in times of emergency, and forhousing that has no pre-emergency baseline price because it was not recently rented California’s price gouging law caps rental prices based on federalestimates of ‘fair market rent,” but a careful balance is necessary to ensurethese provisions accurately reflect the reasonable costs of housing in Los Angeles County and do not discourage available housing from coming on the market; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in thisOrder would prevent, hinder, or delay the mitigation of the effects of these Los Angeles County fires and windstorm conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately.
IT IS HEREBY ORDERED THAT:
1. The requirement imposed by section 8258 of the Education Code limiting administrative costs for state-funded preschool programs to fifteen percent of net reimbursable costs is suspended for contracting agencies directly impacted by this emergency in Los Angeles and Ventura Counties. The Department of Education may reimburse approvable administrative costs for such California State Preschool contractors in Los Angeles and Ventura Counties incurredprior to June 30, 2025, in excess of fifteen percent of net reimbursable costs.
2. The deadline for families in Los Angeles and Ventura Counties experiencing homelessness and enrolling in the California Department of Education (CDE) California State Preschool Program or California Department of Social Services (CDSS) Child Care and Development program to submit required documentation, as specified in TitleS, sections 17771(e) and 18090(e) of the California Code of Regulations, and which would otherwise be due prior toJanuary 1, 2026, is extended for an additional 60 days beyond thedate such documenotion would otherwise be due.
3. The requirement to conduct a program self-evaluation, as specified in Title 5, sections 1 7709 and 18279 of the California Code of Regulations, is suspended until June 30, 2025, for CDE California State Preschool Program contractors and CDSS Child Care and Development contractors impacted by this emergency in Los Angeles and Ventura Counties.
4. The requirement to conduct a parent survey, as specified in Title 5, sections 1 7710 and 18280 of the California Code of Regulations issuspended until June 30, 2025, for CDE California State Preschool Program contractors and CDSS Child Core and Development contractors impacted by this emergency in Los Angeles andVentura Counties.
5. Paragraph 5 of Executive Order N-6-25 is withdrawn and replaced by the following:
Residency requirements are suspended for the remainder of the 2024-2025 school year, including those set forth in Education Codesections 48200 and 48204, for students displaced by this emergency or attending schools in Los Angeles County that were damaged ordestroyed by this emergency.
6. Any applicable deadline to complete a Desired Results Developmental Profile, as specified in Title 5, sections 1 7702 and 18272 of the California Code of Regulations, is extended until June 30, 2025, for CDSS Child Core and Development programs and CDECalifornia State Preschool Program contractors impacted by the emergency in Los Angeles and Ventura Counties.
7. Any applicable deadline to complete an Environmental Rating Scale, as specified in Title 5, section 18281 of the California Code of Regulations, is extended until June 30, 2025, for CDSS Child Care and Development programs contractors impacted by the
emergency in Los Angeles and Ventura Counties.
8. Notwithstanding Welfare
& Institutions Code sections 14132.100,
14132.101, 14132.107, 14170, and 14087.325(e)(2). the deadlines for providers to submit, and for the Department of Health Care Servicesto review, a cost report, change in scope of service request, or reconciliation request are each extended 90 days beyond the dateon which such would otherwise be due for providers impacted by this emergency in Los Angeles or Ventura Counties.
9. To ensure that individuals with developmental disabilities continue to receive the services and supports mandated by their individualprogram plans, the Director of the Department of Developmental Services may issue directives suspending any provision orrequirement of the Lanterman Developmental Disabilities Services Act (Welt.
& Inst. Code,
§ 4500 et seq.), the California Early Intervention Services Act (Govt. Code, § 95000 et seq.), and any accompanying regulations of Title 17, Division 2 of the California Code of Regulations.
A directive may delegate to the regional
centers any authority granted to the Department by law where the Director believes such delegation is necessary to ensure continued services to individuals with developmental disabilities. The Directorshall describe the need justifying the suspension granted in each directive, including why the suspension is necessary to protectpublic health or safety or to ensure that services to individuals with developmental disabilities are not disrupted. Any suspension granted pursuant to this Paragraph shall expire 30 days from thedate of its issuance. The Director may grant one or more 30-day extensions if the suspension continues to be necessary to protect health or safety or to ensure delivery of services. The Director shall rescind
a suspension once it is no longer necessary to protect public health or safety or ensure delivery of services. Any suspensions and extensions granted pursuant to this Paragraph shall be posted onthe Departments website.
10. For families who were subject to an evacuation order or warning as a result of this emergency. any state laws or regulations requiring completion of a semiannual report or annual redetermination ofeligibility for the California Work Opportunity and Responsibility to Kids (CaIWORKs) program, including but not limited to sections 11265 and 11265.1 of the Welfare and Institutions Code, are suspended until April 30, 2025, and such families shall have their certification period extended for
a period of six months, contingent
on securing a federal waiver of the same requirements for the CaiFresh program. Families who were subject to an evacuationorder or warning as a result of this emergency, and would haveotherwise been discontinued for failure to file a semiannual report or
annual redetermination in January 2025, shall have their certification period extended until July31, 2025.
11 . Any deadline on or before April 1, 2025, for public officials in Los Angeles County to file the following reports or statements is extended by 60 days;
a. A report of behested payments as required by section 84224 of the Government Code or associated regulations.
b. For officials assuming office, a statement of financial interests as required by section 87202 of the Government Code orassociated regulations, or any similar statement required by a Conflict of Interest Code adopted by an agency pursuant tosections 87300 and 87302 of the Government Code or associated regulations.
c. For officials leaving office, a statement of financial interests as required by section 87204 of the Government Code orassociated regulations.
12. Paragraph 3 of Executive Order N-3-25 is withdrawn.
13. For Small Cities Community Development Block Grants (CDBG) allocated pursuant to sections 50825 to 50834.5 of the Health and Safety Code, funds allocated to jurisdictions in Los Angeles County for fiscal year 2025 shall not be considered part of the total programfunds allocated for that fiscal year for purposes of the requirement in subdivision (a) of section 50827 that thirty percent of the annual allocation of grant funds, less administrative expenses, be set aside for economic development projects and programs.
14. Any deadline provided by sections 6592 and 6593 of the Revenue and Taxation Code, or associated rules or regulations, for the filing of a statement under penalty of perjury setting forth the facts for a claim for relief as a result of a disaster, is extended for a period of three months after the due date of the return or payment.
15.ln addition to the ZIP codes identified therein, Paragraph 1 of Executive Order N-7-25, which prohibits unsolicited offers to purchase real property for an amount less than the fair market value of the property, and Paragraph 1 of Executive Order N-10-25, which suspends until April 10, 2026 penalties, costs, or interest for the failure to pay property taxes, shall also apply in ZIP codes 91024, 91103, and 91367. All other provisions of those paragraphs remain unchanged.
16. Penal Code section 396, subdivisions (e) and (j)(11)(B). as applied to housing not rented and not offered for rent within one year prior to the proclamation of a state emergency, are suspended. until March 8, 2025, to the extent they restrict the rental price of singlefamily homes of four bedrooms or more in the following U.S. Postal Service ZIP Codes, for which the Small Area Fiscal Year 2025 Fair Market Rent calculated by the U.S. Department of Housing and Urban Development is or exceeds $5,500 for four-bedroom units:
90015, 90049. 90067. 90077, 90094, 90210, 90263. 90265, 90266, 90272. 90274, 90275, 90290, 90291, 90292, 90703, 91011,91105,91210,91301. 91302, 91307. 91354, 91364, 91436, 91709, and 91789.
1 7. For purposes of the price gouging protections codified in section 396 of the Penal Code. the limitation of the definition of “housing” in Penal Code section 396, subdivision (j)(10), to rental housing “withan initial lease term of no longer than one year” is suspended, andthe definition shall include any rental housing. regardless of the initial lease term.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and noticebe given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive, or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 4th dayof February 2025.
NEWSLE
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH. DSecretary of State
Attachment
4 2-4-107: POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES:
A. The director of emergency services is hereby empowered to:
1. Monitor and evaluate potentially dangerous emergency situations, and when appropriate, request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director of emergency services, the city council shall take actionto ratify or otherwise act upon such proclamation within seven (7) days thereafter. The local emergency shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the city council. If the city council does not ratify the local emergency, such inaction shall not affect the validity of the local emergency during the period of time that it was in effect.
2. Request the governor to proclaim a state of emergency when, in the opinion of the director of emergency services, the locally available resources are inadequate to cope with the emergency and the city council is not in session.
3. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this article.
4. Direct cooperation between and coordination of services and staff of the emergency organization of the city, and resolve questions of authority and responsibility that may arise between them.
5. Coordinate and carry out the policies and direction of the city council and the disaster council, and perform such other duties and responsibilities as delegated by the disaster council or by the citycouncil.
6. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
7. Adopt rules and regulations consistent with the provisions of this article for operation of the office of emergency services.
8. In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the governor or the director of the state office of emergency services, or theexistence of a state of war emergency, the director of emergency services, is hereby empowered:
a. To implement and carry out the city of Beverly Hills emergency plan adopted pursuant to section 4J9 of this chapter;
b. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, including, but not limited to, orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;
c. To obtain from other sources such vital supplies, equipment, and other properties found lacking and needed for the protection of life and property, and to bind the city for the fair value thereofas provided in the emergency provisions of the city’s purchasing regulations and, if requiredimmediately, to commandeer the same for public use; d. To authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life andproperty, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the city shall bedeemed duly accepted by the city council in accordance with section 37354 of the California Government Code, or its successor provision. A report of all such gifts used shall be made to the city council at its next regular meeting for review;
e. To require emergency services of any city officer or employee, to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties, and to grant to public officers, employees, and registered volunteers the authority to command the aid of citizens of this community as they deem necessary in the execution of their duties; such personsshall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
f. To requisition necessary personnel or material of any city department or agency; g. To request state aid, including, without limitation, financial aid, equipment, personnel, supplies or anything else that the state or federal government can provide to assist the city in coping with, responding to, or recovering from the emergency situation; h. To perform such other functions as necessary or appropriate to cope with the emergency situation; and
i. To execute all of his or her ordinary powers as city manager, all of the special powers conferred upon him or her by this article or by resolution or emergency plan pursuant hereto adopted by the city council, and all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.
9. In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the director of emergency services may issue a declaration of a shelter crisis pursuant to section 8698.2 of the California Government Code, or its successor provision.
B. The director of emergency services, or his or her designee, shall, with the assistance of emergency service chiefs, manage the emergency programs of the city.
C. The assistant director of emergency services, under the supervision of the director of emergency services, shall have such powers and duties as may be assigned by the director of emergency services. (Ord. 07-0-2521, eff. 8-10-2007)