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HomeMy WebLinkAboutMC-1515ORDINANCE NO. MC 1515 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ADDING A NEW CHAPTER 2.46 TO THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE DISASTER COUNCIL WHEREAS, on June 16, 1949, the State of California accredited the City's Disaster Council; and WHEREAS, on February 19, 1951, the Mayor and City Council adopted a Mutual Aid Agreement Resolution; and WHEREAS, on June 29, 1971, the Mayor and City Council adopted an Emergency Ordinance; WHEREAS, on June 20, 1982, the Mayor and City Council adopted a Disaster Service Worker's Resolution; and WHEREAS, on October 17, 1990, the Mayor and City Council adopted the City's Emergency Ordinance; and WHEREAS, the City now desires to amend the San Bernardino Municipal Code to re- establish the Disaster Council and Mutual Aid Agreement. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 2.46 is hereby added to Title 2 of the San Bernardino Municipal Code to read as follows: 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 Chapter 2.46 DISASTER COUNCIL Purpose Definition Disaster Council Membership Disaster Council Powers and Duties Director and Assistant Director of Emergency Services Office of Emergency Management Standardized Emergency Management System National Incident Management System Powers and Duties of the Director and Assistant Director of Emergency Services Ordinance No. MC 1515 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. 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. 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. 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 Ordinance No. MC 1515 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 the adoption of a resolution by the Mayor and City Council. 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. 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. 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. 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") framework. The NIMS framework includes the use of the Standardized Emergency Management System and the Incident Command System, multiagency or interagency coordination, participation in the Master Mutual Aid Agreement, and the operational area concept. 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 Ordinance No. MC 1515 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 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. Ordinance No. MC 1515 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. 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. 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. 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. 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 Ordinance No. MC 1515 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 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. The definitions set forth in section 396 of the Penal Code, as amended, shall be effective as definitions of the words, terms, and phrases used in this section. " Ordinance No. MC 1515 SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. APPROVED and ADOPTED by the City Council and by the City Clerk this a day of March 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann H a, MMC, Ci Clerk Approved as to form: Z� Gary D. Saenz, City Attorney by the Mayor and attested t Ordinance No. MC 1515 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1515, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20h day of February 2019. Ordinance No. MC -1515 was approved, passed, and adopted at a regular meeting held the 6'h day of March 2019 by the following vote: Council Members: SANCHEZ MARRA VACANT SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 6h day of March 2019.