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HomeMy WebLinkAbout22-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: An Ordinance of the City of San Bernardino amending certain sections in Chapter 2.46 of the San Bernardino Municipal Code entitled Disaster Council and declaring the urgency thereof. Dept: CITY ATTORNEY Date: April 2, 2003 ORIGINAL Synopsis of Previous Council Action: 10-05-91: Mayor and Common Council Adopted Ord. MC-747. Recommended motion: That said urgency ordinance be adopted. -:; ) /.V Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Reoort Ward: All FUNDING REQUIREMENTS: Amount: None at this time Source: Finance: Council Notes: ;:1 ,) ~. l)lC - p'lL> Agenda Item No. 22 1/7/D3 ST AFF REPORT Council Meeting Date: April 7. 2003 TO: Mayor and Common Council FROM: City Attorney's Office DATE: April 2, 2003 AGENDA: An Ordinance of the City of San Bernardino Amending Certain Sections in Chapter 2.46 of the San Bernardino Municipal Code Entitled Disaster Council (Regular and Urgency) It is recommended that five different sections in Chapter 2.46 be amended to better clarify and reflect the position of Mayor in the City of San Bernardino Charter and to better ensure an orderly handling of emergency responsibilities, including the executive chain of command. At the request of the Chair of the Legislative Review Committee, this ordinance is being submitted in the regular manner for a first reading and is also being submitted as an urgency ordinance for immediate adoption. Given the current alert condition of this country in view of events around the world, and given the need to revise Chapter 2.46 for the reasons set forth in the paragraph above, it is necessary to adopt this ordinance in an urgency manner in order to best prepare for and provide assistance to the City in case of an emergency as defined in Section 2.46.020 of the San Bernardino Municipal Code. Concurrent with the submission of both ordinances is a resolution as required under Section 2.46.080 which would provide for the order of emergency succession to the position of Mayor and Chairman ofthe San Bernardino Disaster Council. In addition to a clean copy of the proposed ordinance, it is also being provided in a bold and stIikc-otlt version to indicate the additions and deletions. A copy of the entire current Chapter 2.46 is also enclosed. It is recommended that the ordinance submitted in the regular manner be laid over for final adoption and that the submitted urgency ordinance be adopted. \ \..':"_. .--\ /-1 " ~j ORDINANCE NO. 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 imminent threat of war; 9 and 10 WHEREAS, there is a need to amend certain sections of Chapter 2.46 of said Code in order 11 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 HTC[CHAP.2460RDI to combat." ~ 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. 7 A. 8 B. 9 C. 10 D. II E. 12 F. 13 G. 14 H. 15 16 I. 17 18 19 HTC{CHAP.246.0RD] 2 ~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 23 24 25 26 27 28 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." SECTION 4. San Bernardino Municipal Code Section 2.46.050 is amended to now read as follows: "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 Emergency Services. The 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. SECTION 5. San Bernardino Municipal Code Section 2.46.060 is amended to now read 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: HTC[CHAP.2460RD] 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HTC[CHAP.2460RD] 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; 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 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. 3. 4. 5. 6. 4 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 2 3 4 5 6 7 8 B. 9 10 1] ]2 13 ]4 ]5 ]6 17 18 ]9 20 21 22 23 24 25 26 HTC[CHAP 246 ORD] 5 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. 3 1// 4 1// 5 1// 6 1// 7 1// 8 1// 9 1// 10 1// 11 1// 12 /1/ 13 /1/ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HTC[CHAP.2460RD] 6 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN SECTIONS IN CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED DISASTER COUNCIL AND DECLARING THE URGENCY THEREOF. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a , 2003, by the following vote, to wit: 5 _ day of 6 COUNCIL MEMBERS: 7 ESTRADA 8 LONGVILLE 9 MCGINNIS 10 DERRY 11 SUAREZ 12 ANDERSON 13 MC CAMMACK 14 15 16 17 18 meeting thereof. held on the AYES NAYS ABSTAIN ABSENT City Clerk The foregoing Ordinance is hereby approved this _ day of ,2003. 19 20 21 22 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN City Attorney 26 27 L 1P~ 28 0 HTC[CHAP.2460RD) JUDITH V ALLES, Mayor City of San Bernardino 7 \ ',--_r '- ORDINANCE NO. " AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN 3 SECTIONS IN CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED .. DISASTER COUNCIL AND DECLARING THE URGENCY THEREOF. " WHEREAS, Chapter 246 of the San Bernardino MuniCipal Code creates a San Bernardino 6 Disaster Council which IS authOrized to meet In emergency session In times of emergencies, such 7 as, but not limited to, actual or threatened eXistence of conditions of disaster or of extreme peril to 8 the safety of persons and property Within this City caused by such conditions as fire, flood, ') epidemic riot. or other conditions, Including conditions resulting from war or Imminent threat of war; ]0 and ]1 WHEREAS, there is a need to amend certain sections of Chapter 246 of said Code in order 12 to better clarify and reflect the position of Mayor in the City of San Bernardino Charter and to better 1" .' ensure an orderly handling of emergency responsibilities, Including the executive chain of 1.. command and 15 WHEREAS, the current alert condition of this country is at a high level, designated as "Level 16 Orange,. thus Increasing the likelihood that the San Bernardino Disaster Council may need to meet ] 7 In an emergency seSSion 18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 19 20 SECTION 1. San Bernardino Municipal Code Section 246,020 is amended to now read 21 as follows: "" "2.46.020 Definition "" ..:.J As used In this chapter, 'emergency" means the actual or threatened eXistence of 24 conditions of disaster or of extreme peril to the safety of persons and property within this City 25 caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other 26 conditions, including conditions resulting from terrorist activities or imminent threat of terrorist 27 28 ~ .' -1 " 6 7 R 9 10 A 11 B. 12 C. 13 D. 1-1 E. 15 F. 16 G. 17 H. 1 R 19 I. 20 2] 22 7" _J 2-1 ~- ~) 26 and 27 28 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 subdiVISions to combat" SECTION 2. San BernardinO MuniCipal Code Secllon 246030 is amended to now read as follows "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. 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: {,ho 3hall be .ice d'lalrfFian. The Assistant Director of Emergency SerVices, The Disaster Management I'reparc6ne33 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 246.040 IS amended to now read as follows '2.46.040 Powers and duties It shall be the duty of the San Bernardino disaster council, and it IS empowered, to develop 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 3 recommendations to, the Mayor, who shall have the sole decision making authority. In the 4 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 6 duration of such absence. If the Mayor Pro Tempore as determined is likewise absent or 7 otherwise unavailable to serve, the next Council member by order of rotation shall serve as 8 Mayor Pro Tempore for that period of absence. The disaster council shall meet upon call of the 9 chairman or, in his/her absence from the City or inability to call such meeting. upon call of the vlce- 10 chairman" 11 SECTION 4. San Bernardino Municipal Code Section 2 46050 is amended to now read 12 as follows 13 14 15 A 16 17 B 18 19 C 20 21 D 22 " d 24 ,- ~) '2.46.050 Executive Director, Director and Assistant Director of Emergency Services. There is hereby created the office of Executive Director of Emergency Services. The Mayor shall be the Executive Director of Emergency Services There is hereby created the office of Director Emergency Services The City Administrator shall be the Director of Emergency Services. There IS hereby created the office of Assistant Director of Emergency Services. The Fire Chief shall be the Assistant Director of Emergency Services. There is further created the office of Disaster Management rreparedr1e!! Coordinator. "ho !liall be appoir1tecl by the A!5i3tant 01, ectar of en ,ergeFiCy CeR,ICe3 The Disaster Management Coordinator, who is approved by the Common Council, shall be the head of this office. SECTION 5. San Bernardino Municipal Code Sedon 2.46.060 IS amended to now read 26 as follows 27 28 3 "2.46.060 Powers and Duties of Chairman/Executive Director. 0 A , , -+ ~ 6 7 R 9 10 11 12 13 1-+ 15 16 17 1 R 19 20 21 "I') 0' -j 24 " ~. 26 27 28 The Mayor as Chairman of the San Bernardino Disaster 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 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 246020: 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 regulations must be confirmed at the earliest practicable time by the Common Council, -+ " , , -1 5 (, 7 8 9 10 11 12 ]3 1-1 15 16 17 18 19 B 20 21 ")-, "' "'-~" 2-1 " - ~) 26 27 28 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 oremergency 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, The Director of Emergency Services shall dC3i~Fl8te 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 othenwise perform duties during an emergency 5 Upon approval by the Mayor, such order of succession for the Director shall be o approved by the Common Council , " 2. The Assistant Director of Emergency Services shall have such powers and duties 4 as may be assigned by the Director Mayor. 5 3. The Disaster Management rrepareeJAe33 Coordinator shall. under the direct 6 supervision of the Assistant Director of Emergency Services, and the general 7 supervision of the Mayor, be responsible for routine disaster preparedness 8 activities including emergency management training for City personnel, coordination 9 of emergency planning, maintenance of emergency management equipment and 10 facilities, and public education In the area of disaster preparedness" 11 SECTION 2. Urqency. This urgency ordinance shall take effect immediately in order 12 to preserve the public peace, health, and safety. It is necessary that this ordinance take effect 13 immediately in order to best prepare for and provide assistance to the City of San BernardinO 14 through an effective San Bernardino Disaster Council in case an emergency occurs as defined 15 under Section 246.020 of the San BernardinO Municipal Code. 16 !II 17 I!I 18 !II 19 !II 20 !II 21 I!I 00 !II 23 I!I 24 !II 0' I!I ....:.) 26 !II 27 28 6 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 COUNCIL'. Purposes. Definition. Membership. Powers and duties. Executive Director of Emergency Services; Director of Emergency Services Powers and duties of chairman. 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 SI, 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 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. (Ord. 3180 92, 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; B. The Director of Emergency Services who shall be vice-chairman; 10 For statutory provisions authorizing the creation of local disaster councils, see Gov. Code 1\86]0 et seq. [Rev. January 31, 2003] 2.52 C. The Assistant Director of Emergency Services; D. The Disaster Preparedness Coordinator; E. Such chiefs of emergency services as are provided for in a current emergency plan of the City, adopted pursuant to this chapter; F. 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-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 meet upon call of the chairman or, in his absence from the City or inability to call such meeting, upon call of the vice- chairman. (Ord. 3180 {1 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 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 Preparedness Coordinator who shall be appointed by the Assistant Director of Emergency Services. (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 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 [Rev. January 31,2003] 2-53 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 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: [Rev. January 31, 2003] 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 deems necessary in the execution of his 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 2-54 e. Execute all of his ordinary power as Mayor, all of the special powers conferred upon him by this Chapter or by resolution or emergency plan pursuant hereto adopted by the Common Council, all powers conferred upon him 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 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 Common Council. 2. The Assistant Director of Emergency Services shall have such powers and duties as may be assigned by the Director. 3. The Disaster Preparedness Coordinator shall, under the supervision of the Assistant Director of Emergency Services, 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. (Ord. MC-747, 10-5-91; Ord. MC-342, 2-20-84; Ord. 3180 S6, 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 S7, 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 S8, 1971.) [Rev. January 31. 2003J 2-55 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. 318099, 1971.) 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; D. Wear, carry or display. without authority, any means of identification specified 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 910,1971.) 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 this 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 IRev January 31, 2003J 2-56 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 declared by the President of the United States or the Governor of California. 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: 1. A consumer food item is any article which is used or intended for use for food, drink, confection or condiment by humans or animals. [Rev. January 3 L 2003J 2-57 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-89?, 3-21-94) Chapter 2.4? CENTRAL CITY ADVISORY BOARD Sections: 2.47.010 2.47.020 2.47.030 Members - Appointment. Duties - Expenditure of area tax funds. Conflict of interest. 2.47.010 Members - Appointment The Central City Advisory Board of the City shall consist of nine members who shall serve at the pleasure of the Mayor and Common Council. Members shall be appointed and serve pursuant to the provisions of Chapter 2.17. The City Administrator or his designated representative shall administer the parking and business improvement area tax and shall serve as the executive officer of the board. (Ord. MC-277, 6-6-83.) 2.47.020 Duties - Expenditure of area tax funds. The board shall: A. Make recommendations to the Mayor and Common Council relating to the proposed uses to which the proceeds from the Central City Parking and Business Improvement Area Tax provided for in Chapter 3.64 shall be put. B. Submit annually a tentative budget at the same time to be processed in the [Rev. January 31. 2003J 2-58 .......:. c_. J!.X.D1.Dl.C A tr * * FOR OFFICE USE ONLY - NOTA PUBLIC DOCUMENT **,' :'::(~~'P",~ '.'.'j7'i;i:.::;c r;,~.?"~'!;..t7' --~"""~', ";'~".', ~:: ;''''<:.~~~~0"~:;.'~' -,.~ '""'c "~;:'.?:;~::~:';': .;;;,~;';,~-~.: .c~;~.~:.,'J;i;1 ' . '. - :f:~';~~i.f'~~i:'t::~"-;: ." CllY OF SAN BERNARDINO ~'CIlY CLERK'S OFFICE--'~ '-~--'- c RECORDS & INFORMATION MANAGEMENT PROGRAM .';."" . Meeting Date/Date Adopted: AGENDA ITEM TRACKING FORM Item No. ;;):L Ordinance urgency@ No Termination/Sunset Date: o Effective Date: Vote: Ayes: Nays: Absent: B- Y- Date Sent to Mayor: Date of Mayor's Signature: Date Returned from Mayor: Date of Clerk's Signature: Date Summary Returned from Attorney: Date Published: Meeting Type: Continued From Date Seal Impressed: Date Sent for Signature: Expiration Date: Copies Distributed To: ~- cut Dv::c - f? To Whom: 9ate Retur~) _ c:(~~/?/O':.J I ______ il-1 s;fJ Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Rem i nder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: 1'~~~ M-- ~/;/~3 No Ready to File: Date: DOCUMENT lOCA TlOr+. fQRMSIA.p'Id.a Iem Trac::kiltsFonn4CCfomI No..lll-~ ~ IV04I1~