Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY THURSDAY, AUGUST 24, 2023
5:30 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa
Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett
Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
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To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup From the City's homepage www.sbcity.org select the Government category > City Clerk > on the Navigation menu select Search for Records Online > Council Agendas > Current Year 2023 > Meeting Date
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
DISCUSSION
1. Adopt Resolution Ratifying Proclamation and Proclaiming the Existence of a Local Emergency for Tropical Storm Hilary (All Wards)
Recommendation:
Adopt Resolution No. 2023136 of the Mayor and City Council of the City of San Bernardino, California, ratifying Proclamation No. 202301 of the City Manager and proclaiming the existence of a local emergency in connection with Tropical Storm Hilary.
ADJOURNMENT
The Mayor and City Council will adjourn to a Special Closed Session to be held on Monday, August 28, 2023, in the MultiPurpose Room (2 nd Floor) located at 201 North E Street (Suite B), San Bernardino, California 92401. Closed Session will begin at 5:30 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 24, 2023, Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Wednesday, August 23, 2023.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 3
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Wednesday, August 23, 2023
SUBJECT: Special Meeting on Thursday, August 24, 2023
NOTICE IS HEREBY GIVEN that the Mayor and City Council of San Bernardino, have called a Special Meeting for Thursday, August 24, 2023, at 5:30 p.m.
Said meeting shall be for the purpose of considering the following:
DISCUSSION
1. Adopt Resolution Ratifying Proclamation and Proclaiming the Existence of a Local Emergency for Tropical Storm Hilary (All Wards)
Recommendation:
Adopt Resolution No. 2023136 of the Mayor and City Council of the City of San Bernardino, California, ratifying Proclamation No. 202301 of the City Manager and proclaiming the existence of a local emergency in connection with Tropical Storm Hilary.
ADJOURNMENT
The Mayor and City Council will adjourn to a Special Closed Session to be held on Monday, August 28, 2023, in the MultiPurpose Room (2nd Floor) located at 201 North E Street (Suite B), San Bernardino, California 92401. Closed Session will begin at 5:30 p.m.
Genoveva Rocha, CMC
City Clerk
Mayor and City Council of the City of San Bernardino Page 4
NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Mayor and City Council of the City of San Bernardino Page 5
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the M ayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 6
ALTERNATE MEETING VIEWING METHOD:
If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
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PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email [email protected]. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment.
Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you.
The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.
For the Regular Meeting please log on no later than 15 minutes after the meeting start time.
Mayor and City Council of the City of San Bernardino Page 7
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Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
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Passcode:2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 6778459453
Passcode:2023
Public Hearings:
If you are commenting on a Public Hearing whether you are speaking remotely or in person you have an opportunity to speak until the Public Hearing has been closed. 1 5
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: August 24, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Department: City Manager's Office
Subject: Adopt Resolution Ratifying Proclamation and
Proclaiming the Existence of a Local Emergency for
Tropical Storm Hilary (All Wards)
Recommendation:
Adopt Resolution No. 2023-136 of the Mayor and City Council of the City of San Bernardino, California, ratifying Proclamation No. 2023-01 of the City Manager and proclaiming the existence of a local emergency in connection with Tropical Storm Hilary.
Executive Summary
The purpose of the resolution is to ratify the proclamation made by the City Manager on August 20, 2023, within the 7 days provided by Chapter 2.46 of the Municipal Code.
Background
On August 20, 2023, the City of San Bernardino was impacted by Tropical Storm Hilary.
The storm unleashed high winds in addition to record-breaking downpours due to heavy rainfall, resulting in approximately 3 to 6 inches in places, with some portions of Southern California receiving up to 10 inches. City crews were assigned to assist with clearing storm drains, removing hazards from roadways and supporting the Forestry Service with downed trees and road closures / signage needs.
As of August 21, 2023, the storms impact on the City of San Bernardino includes but is not limited to significant flooding at various intersections, minor run-off, several fallen trees with scattered limbs / branches, one street light knockdown and a considerable amount of small debris on roads and sidewalks.
Discussion
The City Manager declared an emergency on Sunday, August 20, 2023, in accordance with Chapter 2.46 of the Municipal Code. The City Manager signed the attached emergency proclamation. The proclamation must be ratified by the Mayor
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and City Council within seven days per the Municipal Code. Both the proclamation and the resolution ratifying the proclamation, if adopted, allow the City Manager to make important decisions and take action in response to the emergency conditions.
For example:
• Make rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency conditions; • Obtain vital supplies and equipment as needed to protect the public health, safety, and wellbeing; and
• Effectively manage the City’s personnel to ensure that the City’s essential functions are performed while employees are protected.
Municipal Code Chapter 2.46 empowers the Mayor and City Council to proclaim a local emergency when the City of San Bernardino is affected or likely to be affected by a public calamity.
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 Tropical Storm Hilary.
2021-2025 Strategic Targets and Goals
The ratification of Proclamation No. 2023-01, aligns with Key Target No. 3: Improved Quality of Life by assisting with emergency response.
Fiscal Impact
None by this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-136, ratifying Proclamation No. 2023-01 and proclaiming the existence of a local emergency.
Attachments
Attachment 1 Resolution No. 2023-136
Attachment 2 Proclamation No. 2023-01
Attachment 3 Chapter 2.46 Municipal Code
Ward:
All Wards
Synopsis of Previous Council Actions:
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N/A
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Resolution No. 2023-136
August 24, 2023
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RESOLUTION NO. 2023-136
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING PROCLAMATION NO. 2023-01 AND
PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Chapter 2.46 of the San Bernardino Municipal Code empowers 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 August 20, 2023, the City Manager, in accordance with Section
2.46.090.A.1 of the San Bernardino Municipal Code, issued Proclamation No. 2023-01 proclaiming the existence of a local emergency relating to Tropical Storm Hilary (the “Storm”); 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, conditions of extreme peril to the safety of persons and property have arisen within the City of San Bernardino caused by the Storm; and WHEREAS, both the State of California and the County of San Bernardino have declared emergencies as a result of the Storm; and
WHEREAS, the U.S. National Hurricane Center predicted the storm will bring “catastrophic” flooding for the Baja peninsula and for the southwestern United States; and WHEREAS, the Storm is forecast to cross the border into the United States on Sunday, August 20, 2023; and
WHEREAS, meteorologists expect the Storm to bring heavy rainfall to the southwestern United States, resulting in 3 to 6 inches in places, with isolated amounts of up to 10 inches in portions of Southern California; and
WHEREAS, the U.S. National Hurricane Center issued tropical storm and potential flood warnings for Southern California from the Pacific coast to interior mountains and deserts, including the City; and
WHEREAS, experts forecast flash floods, mudslides, isolated tornadoes, and wind damage to Southern California; 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 Storm; and
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Resolution No. 2023-136
August 24, 2023
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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 Proclamation No. 2023-01 issued by the City Manager on August 20, 2023.
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 ___ day of __________, _____.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2023-136
August 24, 2023
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Attest:
__________________________________
Genoveva Rocha, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2023-136
August 24, 2023
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-136, adopted at a regular meeting held at the ___ day of _______, 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
______________________________
Genoveva Rocha, City Clerk
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Chapter 2.46
DISASTER COUNCIL
Sections:
2.46.010 Purpose
2.46.020 Definition
2.46.030 Disaster Council Membership
2.46.040 Disaster Council Powers and Duties
2.46.050 Director and Assistant Director of Emergency Services
2.46.060 Office of Emergency Management
2.46.070 Standardized Emergency Management System
2.46.080 National Incident Management System
2.46.090 Powers and Duties of the Director and Assistant Director of Emergency Services
2.46.100 Emergency Organization
2.46.110 Expenditures
2.46.120 Violations
2.46.130 Excessive Price Increases Prohibited
2.46.010 Purpose
The purpose of this chapter is to provide for the preparation and execution of plans for the protection of persons and property within the City of San Bernardino in the event of an emergency. This chapter shall provide for the direction of the emergency organization and the coordination of the emergency functions with all other public agencies, corporations, organizations and affected private persons and entities. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.020 Definition
For purposes of this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.
(Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.030 Disaster Council Membership
The San Bernardino Disaster Council is hereby created and shall consist of the following:
A. The Mayor, who shall be Chair;
B. The Director of Emergency Services, who shall be Vice Chair; C. The Assistant Director of Emergency Services;
D. Such Chiefs of Emergency Service as may be provided for in a current emergency plan of the City adopted pursuant to this chapter; and
E. Such other representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.040 Disaster Council Powers and Duties
The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the Mayor and City Council, the City's emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules, and regulations as may be necessary to implement such plans and agreements. The City's emergency plan shall provide for the effective mobilization of all the City's resources, both public and private, to meet any condition
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constituting a local emergency, state of emergency, or state of war emergency and shall organization. Such plan shall take effect upon the adoption of a resolution by the Mayor and City Council. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.050 Director and Assistant Director of Emergency Services A. There is hereby created the position of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
B. There is hereby created the position of Assistant Director of Emergency Services, who shall be appointed by the Director. When the Director of Emergency Services is not available, the Assistant Director of Emergency Services shall become Acting Director and assume the powers and duties of the Director. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.060 Office of Emergency Management
There is hereby created the Office of Emergency Management, which shall act at the will of the Director of Emergency Services. The Emergency Manager of the City of San Bernardino shall manage the day-to-day affairs of the emergency management program and have certain other emergency management functions as specified. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.070 Standardized Emergency Management System
In accordance with section 8607 of the Government Code, the City of San Bernardino hereby adopts the Standardized Emergency Management System ("SEMS") framework. The SEMS framework includes the use of the Incident Command System ("ICS"), multiagency or interagency coordination, participation in the Master Mutual Aid Agreement, and operational area concept.
(Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.080 National Incident Management System
In accordance with Homeland Security Presidential Directive 5 (Feb. 28, 2003), the City of San Bernardino hereby adopts the National Incident Management System ("NIMS") Management System and the Incident Command System, multiagency or interagency coordination, participation in the Master Mutual Aid Agreement, and the operational area concept. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.090 Powers and Duties of the Director and Assistant Director of Emergency Services A. The Director is hereby empowered to:
(1) Request the Mayor and 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, the Mayor and City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect; (2) Request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the circumstances are beyond the City's capacity to adequately respond to or recover from the emergency; (3) Control and direct the efforts of the City's emergency organization for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of this emergency organization and resolve questions of authority and responsibility that may arise between them; (5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;
(6) 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 existence of a "state of war emergency," the Director is hereby further empowered:
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, provided, however, that such rules and regulations are confirmed at the earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) To require emergency services of any officer or employee and, in the event of the proclamation of a "state of emergency" in the County of San Bernardino or the existence of a "state of war emergency," to command the aid of as many residents of the City as may be necessary in the execution of duties, provided that all such persons are given all
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privileges, benefits, and immunities as are provided by state law for registered disaster services workers; (d) To requisition necessary personnel or material of the departments or agencies; and (e) To execute all ordinary power as City Manager, all of the special powers conferred by this ordinance or by resolution or emergency plan adopted pursuant to this chapter, all powers conferred by any statute, by any agreement approved by the Mayor and City Council, and by any other lawful authority.
B. The Director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be approved by the City Council.
C. The Assistant Director shall, under the supervision of the Director and with the assistance of the Chiefs of Emergency Services, develop emergency plans, manage the emergency programs of the City, and have such other powers and duties as may be assigned to him or her by the Director.
(Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.100 Emergency Organization
All officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or by operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.110 Expenditures
Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.120 Violations
It shall be a misdemeanor punishable by a fine not to exceed one-thousand dollars ($1,000) or by imprisonment not to exceed six months, or both, for any person to, during an emergency:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter;
B. Commit any act or omission forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act or omission is of such nature as to give assistance to the enemy or imperil the lives or property of the inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; C. Wear, carry, or display without proper authority any means of identification specified by the emergency agency of the state.
(Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
2.46.130 Excessive Price Increases Prohibited
A. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm, or natural or manmade disaster, and for a period of thirty (30) days following such proclamation or declaration, it shall be unlawful for any person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies or medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for an amount that exceeds ten (10) percent of the price charged by such person immediately prior to the proclamation or declaration of emergency, provided, however, that this prohibition shall not apply upon demonstration that the increase in price is directly attributable to additional costs imposed by the supplier of the goods or additional costs of providing such goods or services during the state of emergency and the price represents no more than ten (10) percent above the total of the cost to the seller plus the markup customarily applied by the seller for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.
B. Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil unrest, or storm declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, or storm, and for a period of one-hundred and eighty (180) days following such proclamation or declaration, it shall be unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than ten (10) percent above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase shall not be unlawful if that person can demonstrate that the increase in price is directly attributable to the additional costs
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imposed by the contractor's supplier or to the additional costs of providing the service during the state of emergency and the price represents no more than ten (10) percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.
C. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm, or other natural disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm, or other natural or manmade disaster, and for a period of thirty (30) days following such proclamation or declaration, it shall be unlawful for the owner or operate of a hotel or motel to increase the hotel or motel's regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than ten (10) percent. However, a greater price increase shall not be unlawful if the owner or operator can demonstrate that the increase in price is directly attributable to the additional costs imposed on him or her for goods or labor used in his or her business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.
D. The provisions of this section may be extended for an additional thirty (30) day period by the Mayor and City Council if such extension is deemed necessary to protect the lives, property, or welfare of the residents of the City. (Ord. MC-1515, 3-06-19; Ord. MC-1514U, 2-20-19)
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