HomeMy WebLinkAboutMC-1142
Adopted: April 21, 2003
Effective: May 22, 2003
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ORDINANCE NO. MC-1l42
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.
4 THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOllOWS:
6 SECTION 1. San Bernardino Municipal Code Section 2.46.020 is amended to now read
7 as follows:
8 "2.46.020 Definition.
9 As used in this chapter, "emergency" means the actual or threatened existence of
10 conditions of disaster or of extreme peril to the safety of persons and property within this City
11 caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other
12 conditions, including conditions resulting from terrorist activities or imminent threat of terrorist
13 activities, or war or imminent threat of war, but other than conditions resulting from a labor
14 controversy, which conditions are or are likely to be beyond the control of the services, personnel,
15 equipment, and facilities of this City, requiring the combined forces of other political subdivisions
16 to combat."
17 SECTION 2. San Bernardino Municipal Code Section 2.46.030 is amended to now read
18 as follows:
19 "2.46.030 Membership.
20 Membership of the City Disaster Council, hereinafter called "San Bernardino Disaster
21 Council", which is hereby created, shall consist of the following:
22 A.
23 B.
24 C.
25 D.
26 E.
27 F.
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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;
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1 G. The Disaster Management Coordinator;
2 H. Such chiefs of emergency services as are provided for in a current emergency plan of the
3 City, adopted pursuant to this chapter;
4 I. Such representatives of civic, business, labor, veterans, professional, or other organizations
5 having an official emergency responsibility, as may be appointed by the Mayor with the
6 advice and consent of the Common Council."
7 SECTION 3. San Bernardino Municipal Code Section 2.46.040 is amended to now read
8 as follows:
9 "2.46.040 Powers and duties.
10 It shall be the duty of the San Bernardino disaster council, and it is empowered, to develop
11 and recommend for adoption by the Common Council, emergency and mutual aid plans and
12 agreements and such ordinances and resolutions and rules and regulations as are necessary to
13 implement such plans and agreements. The disaster council shall be advisory to, and make
14 recommendations to, the Mayor, who shall have the sole decision making authority. In the absence
15 of the Mayor pursuant to San Bernardino City Charter Section 36, the Mayor's decision making
16 authority under this Chapter shall be with the Mayor Pro-Tempore for the duration of such absence.
17 If the Mayor Pro Tempore as determined is likewise absent or otherwise unavailable to serve, the
18 next Council member by order of rotation shall serve as Mayor Pro Tempore for that period of
19 absence. The disaster council shall meet upon call of the chairman or, in his/her absence from the
20 City or inability to call such meeting, upon call of the vice.chairman."
21 SECTION 4. San Bernardino Municipal Code Section 2.46.050 is amended to now read
22 as follows:
23 "2.46.050 Executive Director, Director and Assistant Director of Emergency
24 Services.
25 A. There is hereby created the office of Executive Director of Emergency Services. The Mayor
26 shall be the Executive Director of Emergency Services.
27 B. There is hereby created the office of Director Emergency Services. The City Administrator
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1 shall be the Director of Emergency Services.
2 C. There is hereby created the office of Assistant Director of Emergency Services, The Fire
3 Chief shall be the Assistant Director of Emergency Services.
4 D. There is further created the office of Disaster Management Coordinator. The Disaster
5 Management Coordinator, who is approved by the Common Council, shall be the head of
6 this office.
7 SECTION 5. San Bernardino Municipal Code Section 2.46.060 is amended to now read
8 as follows:
"2.46.060 Powers and Duties of Chairman/Executive Director.
The Mayor as Chairman of the San Bernardino Disaster Council and Executive Director of
Emergency Services is empowered to:
1. 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 proclaimed 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
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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 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,
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
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1 services, develop emergency plans and manage the emergency programs of the City; and
2 shall have such other powers and duties as may be assigned by the Mayor to include the
3 duties described in paragraph A of this Section.
4 1. The Director of Emergency Services shall recommend to the Mayor the order of
5 succession to this office, to take effect in the event the Director is unavailable to
6 attend meetings and otherwise perform duties during an emergency. Upon
7 approval by the Mayor, such order of succession for the Director shall be approved
8 by the Common Council,
9 2. The Assistant Director of Emergency Services shall have such powers and duties
10 as may be assigned by the Mayor.
11 3. The Disaster Management Coordinator shall, under the direct supervision of the
12 Assistant Director of Emergency Services, and the general supervision of the
13 Mayor, be responsible for routine disaster preparedness activities including
14 emergency management training for City personnel, coordination of emergency
15 planning, maintenance of emergency management equipment and facilities, and
16 public education in the area of disaster preparedness."
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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.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
4 Common Council of the City of San Bernardino at a regular
a~ke~
City 'eierk
The foregoing Ordinance is hereby approved this :; 1.,Jday of April
5 2Istdayof April
6 COUNCIL MEMBERS:
7 ESTRADA
8 LONGVILLE
9 MCGINNIS
10 DERRY
11 SUAREZ
12 ANDERSON
13 MC CAMMACK
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23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
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meeting thereof, held on the
,2003, by the following vote, to wit:
AYES NAYS
----X-
----X-
----X-
--1L-
--1L-
----X--
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ABSTAIN ABSENT
,2003.
C(L~~
ALLES, Mayor
San Bernardino
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