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RESOLUTION NO. 2004-40
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE CITY'S UPDATED EMERGENCY OPERATIONS
PLAN (EOP) AND AUTHORIZING SUBMITTAL OF THE EOP TO THE STATE OF
CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE SAN BERNARDINO
COUNTY OFFICE OF EMERGENCY SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
Section 1. The Mayor and Common Council hereby approve the City's updated
Emergency Operations Plan, a copy of which is attached as Exhibit "A" and incorporated herein
by reference.
Section 2. The City Administrator or his designee is authorized to submit the City's
updated Emergency Operations Plan to the State of California Office of Emergency Services and
the San Bernardino County Office of Emergency Services.
i
0
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE CITY'S UPDATED EMERGENCY OPERATIONS
PLAN (EOP) AND AUTHORIZING SUBMITTAL OF THE EOP TO THE STATE OF
CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE SAN BERNARDINO
COUNTY OFFICE OF EMERGENCY SERVICES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ] t. regular meeting thereof, held on
the 2nd day of February , 2004, by the following vote, to wit:
Council Members
AYES
ESTRADA
x
LONGVILLE
x
McGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
McCAMMACK
x
NAYS ABSTAIN ABSENT
Ct..4,A4i
Rae'liel G. Clark, City Clerk
The foregoing resolution is hereby approved this TH day of February , 2004.
Approved as to form
and legal content:
James F. Penman
City Attorney
By:
Jud#V-511es, Mayor
CA,lof San Bernardino
z
Sections:
2.46.010
2.46.020
2.46.030
2.46.040
2.46.050
2.46.060
2.46.070
2.46.080
2.46.090
2.46.100
2.46.110
2.46.010 Purposes.
Chapter 2.46
DISASTER COUNCUO
Purposes.
Definition.
Membership.
Powers and duties.
Executive Director. Director and Assistant Director of
Emergency Services.
Powers and duties of Chairman/Executive Director.
Emergency organization.
Structure, duties and functions of the emergency.
Expenditures.
Punishment of violations.
Emergency costs.
The declared purposes of this chapter are 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- 3180 §1, 1971 )
2.46.020 Definition.
As used in this chapter, "emergency" means 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
terrorist activities or imminent threat of terrorist activities, or 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 subdivsions to
combat. (Ord. MC-1142, 4-21-03, Ord. MC-1140, 04-07-03, Ord. 3180 §2, 1971.)
2.46.030 Membership.
Membership of the City Disaster Council, hereinafter called "San Bernardino
Disaster Council", which is hereby created, shall consist of the following:
A. The Mayor who shall be chairman;
10 For statutory provisions authonzing the creation of local disaster councils, see Gov.
Code §8610 et seq.
[l June 5.2003]
Part 1, Enclosure 1-1
Attachment 1-1-C, Exhibit 1, pg. I
Replacement Item
Chapter 2.46
No. 25
2/2/04
E The Mayor Pro-Tempore who shall be vice-chairman,
C. The City Attorney,
D. The Chief of Police,
E The Director of Emergency Services,
F. The Assistant Director of Emergency Services,
G. The Disaster Management Coordinator,
H. Such chiefs of emergency services as are provided for in a current
emergency plan of the City, adopted pursuant to this chapter,
I. Such representatives of civic, business, labor, veterans, professional, or
other organizations having an official emergency responsibility, as may be
appointed by the Mayor with the advice and consent of the Common
Council.
(Ord. MC-1142, 4-21-03, Ord. MC-1140, 04-07-03, Ord. MC-747,10-5-91.)
2.46.040 Powers and duties.
It shall be the duty of the San Bernardino disaster council, and it is
empowered, to develop and recommend for adoption by the Common 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. The disaster council shall be advisory to, and make recommendations
to, the Mayor, who shall have the sole decision making authority. In the absence
of the Mayor pursuant to San Bernardino City Charter Section 36, the Mayor's
decision making authority under this Chapter shall be with the Mayor Pro-Tempore
for the duration of such absence. If the Mayor Pro Tempore as determined is
likewise absent or otherwise unavailable to serve, the next Council member by order
of rotation shall serve as Mayor Pro Tempore for that period of absence. The
disaster council shall meet upon call of the chairman or, in his/her absence from the
City or inability to call such meeting, upon call of the vice-chairman.
(Ord. MC-1142, 4-21-03, Ord. MC-1140, 04-07-03, Ord. 3180 § 4, 1971.) (People v. Mckelvy
(1972) 23 Cal.App.3d 1027, 1034-1035)
2.46.050 Executive Director, Director and Assistant Director of Emergency
Services.
A. There is hereby created the office of Executive Director of Emergency
Services. The Mayor shall be the Executive Director of Emergency
Services.
B. There is hereby created the office of Director of Emergency Services. The
Part t, Enclosure I -I
IRe� June 5. 2003) Attachment 1-1-C, Exhibit 1, pg. 2
City Administrator shall be the Director of Emergency Services.
C There is hereby created the office of Assistant Director of Emergency
Services. The Fire Chief shall be the Assistant Director of Emergency
Services.
D There is further created the office of Disaster Management Coordinator.
The Disaster Management Coordinator, who is approved by the Common
Council, shall be the head of this office.
(Ord- MC-1142, 4-21-03, Ord- MC-1140, 04-07-03, Ord. MC-747,10-5-91.)
2.46.060 Powers and Duties of Chairman/Executive Director.
A The Mayor as Chairman of the San Bernardino Disater Council and
Executive Director of Emergency Services is empowered to:
Request the Common Council to proclaim the existence or
threatened existence of a local emergency if the Common Council
is in session, or to issue such proclamation if the Common Council
is not in session, whenever a local emergency is proclaimmed by the
Mayor, the Common 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 Mayor, 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 chapter,
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 in Section 2.46.020:
6. In the event of the proclamation of a local emergency as provided in
subsection A 1 of this Section, the proclamation of a state of
emergency by the Governor or the Director of the State Office of
Emergency Services, or the existence of a state of war emergency,
the Mayor 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
IRe� June 5,''003] Part I, Enclosure 1-1
Attachment I-I-C, Exhibit 1, pg. 3
regulations must be confirmed at the earliest practicable time
by the Common Council,
b. Obtain vital supplies, equipment, and such other properties
found lacking and needed for the protection of life and
property and bind the City for the fair value thereof and, if
required immediately, 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 emergency
in the county in which this City is located or the existence of
a state of war emergency, 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 his/her ordinary power as Mayor, all of the
special powers conferred upon him/her by this Chapter or by
resolution or emergency plan pursuant hereto adopted bythe
Common Council, all powers conferred upon him/her by any
statute, by an agreement approved by the Common Council,
and by any other lawful authority.
B The Director and Assistant Director of Emergency Services shall, under the
general supervision of the Mayor and with the assistance of the various
chiefs of emergency services, 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 Mayor to include the duties described in
paragraph A of this Section.
1 . The Director of Emergency Services shall recommend to the Mayor
the order of succession to this office, to take effect in the event the
Director is unavailable to attend meetings and otherwise perform
duties during an emergency. Upon approval by the Mayor, such
order of succession for the Director shall be approved by the
Common Council.
2. The Assistant Director of Emergency Services shall have such
powers and duties as may be assigned by the Mayor.
3. The Disaster Management Coordinator shall, under the direct
supervision of the Assistant Director of Emergency Services, and the
general supervision of the Mayor, be responsible for routine disaster
preparedness activities including emergency management training
[Rev June 2,'0031 Part 1, Enclosure 1-1
Attachment I-1-C, Exhibit I, pg. 4
for City personnel, coordination of emergency planning.
maintenance of emergency management equipment and facilities,
and public education in the area of disaster preparedness.
(Ord. MC-1142, 4-21-03, Ord. MC-1140, 04-07-03, Ord MC-747, 10-5-91 Ora MC-342, 2-
20-84, Ord 3180 §6, 1971.)
2.46.070 Emergency organization.
All officers and employees of this 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 2.46.060A6c, be charged with duties
incident to the protection of life and property in this City during such emergency,
shall constitute the emergency organization of the City. (Ord. 3180 §7, 1971 )
2.46.080 Structure, duties and functions of the emergency organization.
The structure, duties and function of the City emergency organization and
the order of emergency succession to the position of Mayor and Chairman of the
San Bernardino Disaster Council shall be adopted by resolution of the Common
Council. (Ord- 3180 §8. 1971 )
2.46.090 Expenditures.
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. (Ord. 3180 §9, 197'.)
2.46.100 Punishment of violations.
It shall be a misdemeanor, punishable by a fine not to exceed one thousand
dollars, 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 chapter, or in the performance of any duty imposed upon
him by virtue of this Chapter;
B. Do any act forbidden under this Chapter or by any lawful rule or regulation
issued pursuant to this Chapter;
C. Willfully do any act during an emergency which is of such a nature as to give
or be likely to give assistance to the enemy or to imperil the lives or property
of inhabitants of this City, or to prevent, hinder, or delay the defense or
protection thereof,
IRec June 2, 20031 Part I, Enclosure 1-1
Attachment 1-1-C, Exhibit 1, pg. 5
D. Wear, carry or display, without authority any means of identification
spec fied by the emergency agency of the State -
(Ord MC-898 3-21-94, Ord MC-869.4-19-93, Ord. MC-868, 4-5-93, Ord_ 3180 §10, 1971 )
2.46.110 Emergency Costs.
Whenever a local emergency is declared pursuant to this Chapter and/or
pursuant to Government Code Section 8630 et seq., all costs incurred by the City
in response to such emergency both before and after such declaration and after the
expiration thereof, shall be a charge against the party or parties responsible for the
emergency. Such costs shall include, but shall not be limited to, all police, fire and
other emergency response costs, all traffic control costs, all evacuation and
relocation costs, all crowd control costs, all clean-up costs, all investigation costs,
all response costs of the City Attorney and other legal counsel of the City, and all
mutual aid costs. Such costs shall include both regular time and overtime of City
employees and City contract employees.
Except where the responsible party is a commercial enterprise pursuing its
commercial operation, in no event shall the costs imposed pursuant to ,his Section
exceed one million dollars ($1,000,000.00.)
The liability imposed pursuant to this Section constitutes a debt of the
responsible party and is collectible by the City in the same manner as in the case
of an obligation under contract, expressed or implied. (Ord MC-674, 7-24-89)
2.46.120 Excessive Price Increases During State of Emergency.
A. Findings. As a result of recent earthquakes and civil disturbances, Southern
California communities have found that residents have sought to purchase
emergency supplies, food and other consumer goods necessary for their
health and safety, and although no general shortage of consumer goods has
been evident, numerous residents have reported cases of excessive price
increases for consumer items such as gasoline and food items many times
above the prices in effect on or before the emergency. Though price
increases may be necessary where a merchant has incurred higher
expenses, the reported price increases clearly exceeded those that would
have been reasonable and just to recapture any increased operational
expenses.
B. Legislative Intent. It is the intention of the Mayor and Common Council in
adopting this ordinance to protect citizens from excessive and unjustified
increases in the prices charged during any abnormal disruption of the
marketplace for consumer goods and services vital and necessary for the
health, safety and welfare of consumers resulting from emergency or major
disaster for which a state of emergency for the City of San Bernardino is
proclaimed by the Mayor pursuant to Section 2.46.060 of the San
Bernardino Municipal Code or for which a local disaster or emergency is
(Rev. June 5, 2003] Part I, Enclosure 1-1
Attachment 1-1-C, Exhibit I, pg. 6
declared by the President of the United States or the Governor of Californ,a-
C- Excessive Price Increases Prohibited. Upon proclamation of public
emergency involving or threatening the lives, property or welfare of the
citizens, pursuant to Section 2 46.060 of the San Bernardino Municipal Code
or for which a local disaster or emergency is declared by the President of
the United States or Governor of California and for a period of thirty days
from the date such declaration is terminated, it shall be unlawful for any
person, contractor, business or other entity to sell or offer to sell any
consumer food items, repair or reconstruction services, emergency or
medical supplies or gasoline for an amount which exceeds ten percent of
the price charged by such person, contractor, business or other entity for
said goods or services immediately prior to the proclamation of emergency,
unless said person, business, contractor or other entity can prove that an
increase in price was directly attributable to additional costs imposed on it
by the supplier of the goods or for labor and materials used to provide the
service.
D Definitions. For purposes of this section, the following definitions shall
apply:
A consumer food item is any article which is used or intended for use
for food, drink, confection or condiment by humans or animals.
2. Repair or reconstruction service are those contractor services for
repairs to residential and commercial property of any type which are
damaged as a result of a disaster. Contractor services are services
as defined by sections 7025, 7026, 7026.1 and 7026.3 of the
California Business and Professions Code.
3. Emergency supplies shall include but are not limited to water,
flashlights, radios, batteries, candles, blankets, soaps, diapers,
feminine hygiene products, charcoal briquettes and chlorine bleach.
4. Medical supplies shall include but are not limited to prescription and
non-prescription drugs, bandages, gauzes, and isopropyl alcohol
E Violation.
Any person who shall be convicted of violating the provisions of this
section shall be guilty of a misdemeanor.
2. Any person believing that a violation of said section has been
committed may file a complaint with the City Attorney.
(Ord. MC-897, 3-21-94)
Part 1, Enclosure 1-1
Rev April 14, 2003] Attachment 1-1-C, Exhibit I, pg.'7