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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino Requiring An Emergency
Meeting When the San Bernardino Disaster Council
COUNCIL OFFICE Meets Due To An Emergency as Defined in Section
O R I G I NA2L.46.020 of the San Bernardino Municipal Code.
April 2, 2003
From: SUSAN LIEN LONGVILLE
Councilmember
Date:
Synopsis of Previous Council Action:
None.
Recommended motion:
That said Resolution be Adopted.
Signature
Contact person: Susan Lien Longville
Phone:
5222
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item No. 27
1/1/03
STAFF REPORT
Council Meeting Date: April 7, 2003
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 2, 2003
Resolution of the Mayor and Common Council of the City of San Bernardino
requiring an emergency meeting when the San Bernardino Disaster Council
meets due to an emergency as defined in Section 2.46.020 ofthe San Bernardino
Municipal Code.
The Chairperson of the Legislative Review Committee has requested this resolution for
discussion and consideration by the Mayor and Common Council.
Section 2.46.020 of the San Bernardino Municipal Code, as proposed to be amended, would
define "emergency" to mean "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 ofterrorist 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."
This resolution would require the Mayor and Common Council to meet in an emergency
session as set forth in Government Code Section 54956.5 no less frequently than on those occasions
when the San Bernardino Disaster Council is conducting an emergency meeting because an
emergency exists as set forth in Section 2.46.020 of the San Bernardino Municipal Code.
Section 2.46.060 A.I. of said Code empowers the Mayor 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. In the event ofthe
latter, the Common council shall take action to ratify the proclamation with seven days thereafter or
the proclamation shall have no further force or effect.
The Chairperson of the Legislative Review Committee feels that this resolution would
facilitate the emergency oversight process in safeguarding the residents of the City of San
Bernardino.
The resolution is presented for discussion by the Mayor and Common Council and whatever
action it deems appropriate.
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REQUIRING AN EMERGENCY MEETING WHEN THE SAN
3 BERNARDINO DISASTER COUNCIL MEETS DUE TO AN EMERGENCY AS DEFINED
IN SECTION 2.46.020 OF THE SAN BERNARDINO MUNICIPAL CODE.
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WHEREAS, Section 2.46.040 of the San Bernardino Municipal Code authorizes the
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chairman or, in the chairman's absence, the vice-chairman, to call a meeting ofthe San Bernardino
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Disaster Council; and
WHEREAS, the San Bernardino Disaster Council has meetings to discuss emergency and
mutual aid plans and agreements when an emergency does not yet exist; and
WHEREAS, the San Bernardino Disaster Council is also authorized to meet upon such call
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should an emergency occur as defined in Section 2.46.020; and
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WHEREAS, if the San Bernardino Disaster Council has an emergency meeting due to
circumstances described in Section 2.46.020, it is desirable that the Mayor and Cornmon Council
also hold an emergency meeting pursuant to Government Code Section 54956.5 in order to be
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responsive to such emergency situation in order to assist in the safeguarding of the residents of the
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City of San Bernardino.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Cornmon Council of the City of San Bernardino shall hold
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an emergency meeting pursuant to Government Code Section 54956.5 no less frequently than on
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those occasions when the San Bernardino Disaster Council is conducting an emergency meeting
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because an emergency exists as set forth in Section 2.46.020 of the San Bernardino Municipal Code.
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I
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REQUIRING AN EMERGENCY MEETING WHEN THE SAN
BERNARDINO DISASTER COUNCIL MEETS DUE TO AN EMERGENCY AS DEFINED
IN SECTION 2.46.020 OF THE SAN BERNARDINO MUNICIPAL CODE.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the
6 _dayof
, 2003, by the following vote, to wit:
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COUNCIL MEMBERS:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
AYES
NAYS
ABSTAIN
ABSENT
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City Clerk
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The foregoing Ordinance is hereby approved this _ day of
,2003.
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JUDITH VALLES, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
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