HomeMy WebLinkAboutMC-1140U
Adopted: April 7, 2003
Effective: April 7, 2003
1 ORDINANCE NO. MC-1l40
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN
SECTIONS IN CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
3 DISASTER COUNCIL AND DECLARING THE URGENCY THEREOF.
4 WHEREAS, Chapter 2.46 of the San Bernardino Municipal Code creates a San Bernardino
5 Disaster Council which is authorized to meet in emergency session in times of emergencies, such
6 as, but not limited to, actual or threatened existence of conditions of disaster or of extreme peril to
7 the safety of persons and property within this City caused by such conditions as fire, flood,
8 epidemic, riot, or other conditions, including conditions resulting from war or imminentthreat of war;
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10 WHEREAS, there is a need to amend certain sections of Chapter 2.46 of said Code in order
1 I to better clarify and reflect the position of Mayor in the City of San Bernardino Charter and to better
12 ensure an orderly handling of emergency responsibilities, including the executive chain of
13 command; and
14 WHEREAS, the current alert condition of this country is at a high level, designated as "Level
15 Orange," thus increasing the likelihood that the San Bernardino Disaster Council may need to meet
16 in an emergency session.
17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
18 BERNARDINO DO ORDAIN AS FOLLOWS:
19 SECTION 1. San Bernardino Municipal Code Section 2.46.020 is amended to now read
20 as follows:
21 "2.46.020 Definition.
22 As used in this chapter, "emergency" means the actual or threatened existence of
23 conditions of disaster or of extreme peril to the safety of persons and property within this City
24 caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other
25 conditions, including conditions resulting from terrorist activities or imminent threat of terrorist
26 activities, or war or imminent threat of war, but other than conditions resulting from a labor
27 controversy, which conditions are or are likely to be beyond the control of the services, personnel,
28 equipment, and facilities of this City, requiring the combined forces of other political subdivisions
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1 to combat."
2 SECTION 2. San Bernardino Municipal Code Section 2.46.030 is amended to now read
3 as follows:
4 "2.46.030 Membership.
5 Membership of the City Disaster Council, hereinafter called "San Bernardino Disaster
6 Council", which is hereby created, shall consist of the following:
The Mayor who shall be chairman;
The Mayor Pro-Tempore who shall be vice-chairman;
The City Attorney:
The Chief of Police;
The Director of Emergency Services:
The Assistant Director of Emergency Services;
The Disaster Management Coordinator;
Such chiefs of emergency services as are provided for in a current emergency plan of the
City, adopted pursuant to this chapter;
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"
SECTION 3. San Bernardino Municipal Code Section 2.46.040 is amended to now read
20 as follows:
21 "2.46.040 Powers and duties.
22 It shall be the duty of the San Bernardino disaster council, and it is empowered, to develop
23 and recommend for adoption by the Common Council, emergency and mutual aid plans and
24 agreements and such ordinances and resolutions and rules and regulations as are necessary to
25 implement such plans and agreements, The disaster council shall be advisory to, and make
26 recommendations to, the Mayor, who shall have the sole decision making authority. In the absence
27 of the Mayor pursuant to San Bernardino City Charter Section 36, the Mayor's decision making
28 authority under this Chapter shall be with the Mayor Pro-Tempore for the duration of such absence.
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1 If the Mayor Pro Tempore as determined is likewise absent or otherwise unavailable to seNe, the
2 next Council member by order of rotation shall seNe as Mayor Pro Tempore for that period of
3 absence. The disaster council shall meet upon call of the chairman or, in his/her absence from the
4 City or inability to call such meeting, upon call of the vice-chairman."
5 SECTION 4. San Bernardino Municipal Code Section 2.46.050 is amended to now read
6 as follows:
7 "2.46.050 Executive Director, Director and Assistant Director of Emergency
8 Services.
9 A. There is hereby created the office of Executive Director of Emergency SeNices. The Mayor
10 shall be the Executive Director of Emergency SeNices.
11 B. There is hereby created the office of Director Emergency SeNices, The City Administrator
12 shall be the Director of Emergency SeNices.
13 C. There is hereby created the office of Assistant Director of Emergency SeNices. The Fire
14 Chief shall be the Assistant Director of Emergency SeNices.
15 D. There is further created the office of Disaster Management Coordinator. The Disaster
16 Management Coordinator, who is approved by the Common Council, shall be the head of
17 this office.
18 SECTION 5. San Bernardino Municipal Code Section 2.46.060 is amended to now read
19 as follows:
20 "2.46.060 Powers and Duties of Chairman/Executive Director.
21 A, The Mayor as Chairman of the San Bernardino Disaster Council and Executive Director of
22 Emergency SeNices is empowered to:
23 1. Request the Common Council to proclaim the existence or threatened existence of
24 a local emergency if the Common Council is in session, or to issue such
25 proclamation if the Common Council is not in session; whenever a local emergency
26 is proclaimed by the Mayor, the Common Council shall take action to ratify the
27 proclamation within seven days thereafter or the proclamation shall have no further
28 force or effect:
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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;
Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this chapter;
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;
Represent this City in all dealings with public or private agencies on matters
pertaining to emergencies as defined in Section 2.46.020;
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 ruies and 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 of 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.
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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 by the 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.
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 for City personnel, coordination of emergency
planning, maintenance of emergency management equipment and facilities, and
public education in the area of disaster preparedness."
SECTION 2. Uraencv. This urgency ordinance shall take effect immediately in order
27 to preserve the public peace, health, and safety, It is necessary that this ordinance take effect
28 immediately in order to best prepare for and provide assistance to the City of San Bernardino
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I through an effective San Bernardino Disaster Council in case an emergency occurs as defined
2 under Section 2.46.020 of the San Bernardino Municipal Code.
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MC-1l40
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN
SECTIONS IN CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
2 DISASTER COUNCIL AND DECLARING THE URGENCY THEREOF.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 joint
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the
5 7th day of April
6 COUNCIL MEMBERS:
7 ESTRADA
8 LONGVILLE
9 MCGINNIS
10 DERRY
11 SUAREZ
12 ANDERSON
13 MC CAMMACK
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, 2003, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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Cit~lerk
The foregoing Ordinance is hereby approved this .Ji!L day of April , 2003.
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23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
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