The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.
(Ord. 452 § 18, 2024)
As used in 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 city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, 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 this city, requiring the combined forces of other political subdivisions to combat. A declared emergency by the city council shall continue until rescinded by the city council.
(Ord. 452 § 18, 2024)
The director of emergency services shall develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
(Ord. 452 § 18, 2024)
A. 
The director of emergency services is hereby empowered to:
1. 
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, the city council shall take action to ratify the proclamation within seven 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 locally available resources are inadequate to cope with the emergency.
3. 
Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this section.
4. 
Direct cooperation between and coordination of services and staff of the emergency organization of this city and resolve questions of authority and responsibility that may arise between them.
5. 
Represent this 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 Secretary of the California Emergency Management Agency, or the existence of a state of war emergency, the Director is empowered to:
a. 
Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;
b. 
Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
c. 
Require emergency services of any city officer or employee and in the event of the proclamation of a State of Emergency in the county in which this city is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
d. 
Requisition necessary personnel or material of any city department or agency; and
e. 
Execute all of the ordinary powers of city manager, all of the special powers conferred upon him or her by this section or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her by any statute, by any agreement approved by the city council, and by any other lawful authority.
B. 
The emergency operations center 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 his/her 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 emergency service chiefs, develop emergency plans and manage the emergency programs of the city; and shall have such other powers and duties as may be assigned by the director.
(Ord. 452 § 18, 2024)
All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section 8.36.060(a)(6), 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 of Yucaipa.
(Ord. 452 § 18, 2024)
The director of emergency services shall be responsible for the development of the City of Yucaipa Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. 452 § 18, 2024)
Any expenditures 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 of Yucaipa. This section modifies the city's normal purchasing practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the city will able to acquire the goods and services required to address an immediate threat to life, public health or safety, or to eliminate/reduce an immediate threat of significant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and State purchasing laws. Where the city is included in a major disaster or emergency declared by the President of the United States, this policy also assures that city procurements comply with Federal regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200 (2 CFR Part 200).
A. 
A proclaimed disaster or emergency exists if the Governor has declared a state of emergency for an area which includes the geographic territory of the city; or the City Manager of the city has declared an emergency in the city;
B. 
"Exigent circumstances" are situations in which a disaster or emergency has been proclaimed, and the public exigency for goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation.
(Ord. 452 § 18, 2024)
If the city manager determines that goods and services must be procured before the city council or its designee(s) is able to assemble and approve purchases, the city manager has authority, subject to the limitations set forth in subsections A and B of this section, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
A. 
Limits of single purchasing authority. The city manager shall have the authority to make individual purchases up to $250,000 on his or her signature alone. The city manager shall have the authority to make purchases in excess of $250,000 up to a maximum of $750,000 when countersigned by the mayor or in the mayor's absence countersigned by another council member.
B. 
Limits of aggregate purchasing authority. The city manager shall have the authority to make aggregate purchases up to $250,000 on his or her signature alone. Purchases in excess of $250,000 shall be approved by the city council.
C. 
Purchases made during a proclaimed emergency or disaster may be taken from the reserve balance of the emergency contingency fund balance to the extent they exceed previously budgeted items.
D. 
If the city manager is not available, the fire chief, the police chief, director of development services and/or police department watch commander, have authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures, up to a maximum of $75,000.
(Ord. 452 § 18, 2024)
Upon receipt of requisitions under Section 8.36.100, the finance director shall prepare purchase orders for the emergency equipment, supplies, services or other items in accordance with the requirements of this section and shall implement such competitive bidding procedures are in his or her judgment appropriate considering the circumstances.
(Ord. 452 § 18, 2024)
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
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 section, or in the performance of any duty imposed upon him/her by virtue of this section.
B. 
Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to be given or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the city, or to prevent, hinder, or delay the defense or protection thereof.
C. 
Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. 452 § 18, 2024)