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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
Subject: An Ordinance of the City of San Bernardino
tny'nding certain sections in Chapter 2.46 of the San
OR \ G \ N p\eerdino Municipal Code entitled Disaster Council.
From: JAMES F. PENMAN
City Attorney
Date: April 2, 2003
Synopsis of Previons Conncil Action:
10-05-91: Mayor and Common Council Adopted Ord. MC-747.
Recommended motion:
That said Ordinance be laid over for final adoption.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda It,
#/D
1/J//IJ J-,
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 ofthe 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 of the San Bernardino Disaster Council.
In addition to a clean copy of the proposed ordinance, it is also being provided in a bold and
stlikt-e,tlt 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.
C
::_/
1 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.
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.
28
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;
HTClCHAP.2468.0RD]
1
1 G. The Disaster Management Coordinator;
~ 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
28
HTClCHAP.24680RD)
2
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
9
10 A.
11
12
13
14
15
16
17
18
19
20
21
22
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24
25
26
27
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HTC[CHAP.24680RD]
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II
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IS
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26 B.
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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
HTC[CHAP2468.0RD]
4
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
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."
17
18
19
20
21
22
23
24
25
26
27
28
HTC[CHAP.2468.0RD]
5
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN
SECTIONS IN CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
DISASTER COUNCIL.
3
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:
meeting thereof, held on the
5 _ day of
6 COUNCIL MEMBERS:
7 ESTRADA
8 LONGVILLE
9 MCGINNIS
10 DERRY
II SUAREZ
12 ANDERSON
I3 MC CAMMACK
14
15
16
AYES
NAYS
ABSTAIN ABSENT
City Clerk
17
18
19
The foregoing Ordinance is hereby approved this _ day of
,2003.
20
21
JUDITH V ALLES, Mayor
City of San Bernardino
22
23 Approved as to form
24 and legal content:
JAMES F. PENMAN
25 City Attorney
26
27
6
28
HTC[CHAP.24680RD]
ORDINANCE NO.
o AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN
3 SECTIONS IN CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED
-I DISASTER COUNCIL.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS
7 SECTION 1. San Bernardino Municipal Code Section 246020 IS amended to now read
8 as follows
92.46.020 Definition.
10 As used In this chapter, '.emergency" means the actual or threatened eXistence of
II conditions of disaster or of extreme pen I to the safety of persons and property within this City
12 caused by such conditions as air pollution, fire, flood, storm, epidemic, riot. or earthquake, or other
11 conditions. Including conditions resulting from terrorist activities or imminent threat of terrorist
1-1 activities, or war or imminent threat of war, but other than conditions resulting from a labor
15 controversy which conditions are or are likely to be beyond the control of the services, personnel,
16 equipment, and facilities of this City. requiring the combined forces of other political subdivIsions
17 to combat'
18 SECTION 2. San Bernardino Municipal Code Section 246030 IS amended to now read
19 as follows
20 "2.46.030 Membership.
21 Membership of the City Disaster Council, hereinafter called "San Bernardino Disaster
0, Council" which IS hereby created, shall consist of the following
23 A
2-1 B.
25 C.
26 D.
1~
_I
28
The Mayor who shall be chairman;
The Mayor Pro-Tempore who shall be vice-chairman;
The City Attorney;
The Chief of Police;
E.
" F.
.' G.
4 H.
5
(, I.
7
g
q
The Director of Emergency Services, ,,~e 3~ElII be ,icc Ch8IrA,ElFl,
The Assistant Director of Emergency Services,
The Disaster Management rrc~Brcdne33 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 246040 is amended to now read
10 as follows,
11 "2.46.040 Powers and duties,
12 It shall be the duty of the San Bernardino disaster council, and it is empowered to develop
] 3 and recommend for adoption by the Common Council, emergency and mutual aid plans and
14 agreements and such ordlFlances and resolutions and rules and regulations as are necessary to
15 Implement such plans and agreements The disaster council shall be advisory to, and make
16 recommendations to, the Mayor, who shall have the sole decision making authority. In the
17 absence of the Mayor pursuant to San Bernardino City Charter Section 36, the Mayor's
18 decision making authority under this Chapter shall be with the Mayor Pro-Tempore for the
19 duration of such absence. If the Mayor Pro Tempore as determined is likewise absent or
20 otherwise unavailable to serve, the next Council member by order of rotation shall serve as
21 Mayor Pro Tempore for that period of absence, The disaster council shall meet upon call of the
"" chairman or,
~~
"' chairman, "
L)
24 /1/
" - //1
~)
26 /1/
17
n
In his/her absence from the City or inability to call such meeting, upon call of the vlce-
"
L
SECTION 4. San Bernardino Municipal Code Section 246 050 IS amended to now read
c as follows
3
4
" A
6
7 B
8
9 C
10
11 D.
12
13
14
15
"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 rreparcclne33 Coordinator.
",ho 3hall be app5inted by the A3313tant Director 51 [mer~Cficy Ser,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 Section 2 46.060 IS amended to now read
16 as follows
17
18 A
19
20
c]
00
~~
0'
d
24
25
26
n
28
"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
3
"
4
"
6
7
8
9
10
II
12
] 3
14
] 5
16
17
18
19
20
21
22
23
24
25
26
27
28
3
4.
5
6
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 Df this chapter,
Direct cDDperatlon between and cODrdlnatlon of services and staff Df the emergency
DrganlzatlDn Df this City: and resolve questions Df authority and respDnsibillty that
may arise between them,
Represent this City In all dealings with public Dr private agencies Dn matters
pertaining to emergencies as defined In Section 246020:
In the event of the proclamatiDn of a local emergency as prDvlded In subsectlDn A
1 of this SectlDn, the proclamation Df a state of emergency by the GDvernor Dr the
DlrectDr of the State Office of Emergency Services, Dr the eXistence Df a state of
war emergency, the Mayor is empowered to
a. Make and Issue rules and regulatlDns on matters reasonably related to the
protection of life and property as affected by such emergency: prDvlded,
hDwever, such rules and regulations must be confirmed at the earliest
practicable time by the CDmmon Council:
b Obtain vital supplies, equipment. and such other properties fDund lacking
and needed for the protection Df life and property and bind the City fDr the
fair value thereDf and, if required Immediately, cDmmandeer the same fDr
public use:
Require emergency services Df any City Dfficer Dr emplDyee and. In the
event Df the prDclamatiDn of a state of emergency In the cDunty In which this
City IS IDcated Dr the eXistence Df a state of war emergency, command the
aid Df as many Citizens Df thiS cDmmunlty as he/she deems necessary In the
executlDn of his/her duties: such persDns shall be entitled tD all privileges,
benefits, and immunities as are prDvlded by state law fDr registered disaster
c
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,
3
4
5
6
7
R
9 B
10
11
12
13
14
15
16
17
18
19
20
21
22
')'
Lj
24
r
-)
26
27
28
service workers
d RequIsition necessary personnel or matenal 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 dC31gAatc recommend to the Mayorthe
order of succession to thiS office. to take effect In the event the Director is
unavailable to attend meetings and othelWise 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 Director Mayor.
3 The Disaster Management r'rcparedAeg3 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"
5
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'o
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 pnvate persons. (Ord 318091.1971)
2.46.020 Definition.
As used In this chapter. "emergency" means the actual or threatened
eXistence of conditions of disaster or of extreme pen I 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 01 this City, reqUlnng the combined
forces of other political subdivisions to combat. (Ord 318092,1971 )
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 pro\'lslons authonzlng the creation of local disaster councils. see Go\'
Code S8610 et scq
:Re\ January 31. 2003J
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 S 4, 1971.) (People v. Mckelvy (1972) 23 Cal.App3d 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
IRe, Januar) 3].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 2.46020;
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:
d.
iRc\ JanuJry 31. ~003]
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 lor the protection 01 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 01 any City officer or employee
and, in the event 01 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 01 his duties; such persons shall be entitled to all
privileges, benefits, and immunities as are provided by state
law for registered disaster service workers.
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 )
IRe' Januar) 31. C003]
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 lawtul 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 lawtul 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 iden1lflcatlon
specified by the emergency agency of the State
lOrd MC-898. 3.21-94; Ord MC-8G9, 4-19-93: Ord. MC-868, 4-5-93; Ord 3180910,1971 )
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 doliars ($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 JanUaf\ 31. 2003]
2-56
of an obligation under contract, expressed or Implied. lOrd 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 unJuslifled
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 sellar offer to sell any
consumer food Items, repair or reconstruction services, emergency or
medical supplies or gasoline for an amount which exceeds ten percent 01
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
1Re\ January 31. 200:;] 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
Callforma 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-897, 3.21-94)
Chapter 2.47
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 lime to be processed In the
~Re\ Januar; 3 J, 2003]
~-58
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.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS
7 SECTION 1. San Bernardino Municipal Code Section 2.46.020 is amended to now read
8 as follows:
9 "2.46.020 Definition.
10 As used in this chapter, "emergency" means the actual or threatened eXistence of
11 conditions of disaster or of extreme peril to the safety of persons and property within this City
12 caused by such conditions as air pollution, fire, flood, storm, epidemic, riot. or earthquake, or other
13 conditions, including conditions resulting from terrorist activities or imminent threat of terrorist
1-+ activities, or war or imminent threat of war, but other than conditions resulting from a labor
15 controversy, which conditions are or are likely to be beyond the control of the services, personnel,
16 equipment, and facilities of this City, requiring the combined forces of other political subdivisions
17 to combat."
18 SECTION 2. San Bernardino Municipal Code Section 2.46.030 is amended to now read
19 as follows:
20 "2.46.030 Membership.
21 Membership of the City Disaster Council, hereinafter called "San Bernardino Disaster
22 Council", which is hereby created. shall consist of the following
~, A
..~
24 B.
25 C.
26 D.
,-
~/
28
The Mayor who shall be chairman;
The Mayor Pro-Tempore who shall be vice-chairman;
The City Attorney;
The Chief of Police;
E.
" F.
-
, G.
-'
4 H.
5
6 I.
7
8
9
The Director of Emergency Services; "he; ~hall be ,ice chairman;
The Assistant Director of Emergency Services.
The Disaster Management r'reparednc~~ 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, buslf1ess, 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
10 as follows:
11 "2.46.040 Powers and duties,
12 It shall be the duty of the San Bernardino disaster council, and it is empowered, to develop
] 3 and recommend for adoption by the Common Council, emergency and mutual aid plans and
14 agreements and such ordinances and resolutions and rules and regulations as are necessary to
15 implement such plans and agreements. The disaster council shall be advisory to, and make
16 recommendations to, the Mayor, who shall have the sole decision making authority. In the
17 absence of the Mayor pursuant to San Bernardino City Charter Section 36, the Mayor's
18 decision making authority under this Chapter shall be with the Mayor Pro-Tempore for the
19 duration of such absence. If the Mayor Pro Tempore as determined is likewise absent or
20 otherwise unavailable to serve, the next Council member by order of rotation shall serve as
21 Mayor Pro Tempore for that period of absence The disaster council shall meet upon call of the
22 chairman or. in hislher absence from the City or inability to call such meeting, upon call of the vice-
"' chairman"
c..l
24 III
25 III
26 III
27
28 "
~
3
4
5 A
6
7 B.
8
9 C.
10
11 D.
12
13
14
15
SECTION 4. San Bernardino Municipal Code Section 246050 is amended to now read
as follows:
"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 r'rcparCdl9C33 Coordinator.
"ho shall bc appointed by thc Assistant Director of [FF1cr~ency Ccr.ices 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 246060 is amended to now read
16 as follows
17
18 A
19
20
21
~~
~,
~)
24
25
26
27
28
"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
3
~
,
-'
..
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 anse between them:
5
Represent this City In all dealings with public or private agencies on matters
pertaining to emergencies as defined in Section 246,020:
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:
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
4
1
3
4
5
6
7
8
9 B.
10
11
12
13
14
15
16
17
18
19
20
21
n
^l'
k)
24
25
26
27
28
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
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. TheDirector of Emergency Services shall eJc3ignfltc recommend to the Mayorthe
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 DircctQr Mayor.
3 The Disaster Management rrepareeJnegg 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"
5
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 COUNCll'o
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 pnvate persons. (Ord. 3180 91, 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, not, 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 Go\'.
Code ~8610 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 9 4, 1971.) (People v. Mckelvy (1972) 23 Ca/.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.747,1 0-5-91)
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
IRe\ ]anua" 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, ~003]
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 thereot and, it
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.
lOrd 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.)
IRe\' January 31. 20031
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 3180 S9, 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 periormance 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
01 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 S10, 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
[Rev Januar\ 31. 2003]
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
Bernardmo 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 lanuar\ 31. 20m] 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 2.47
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
[Rei Januar} 31. 2003]
2-58
!,~:r'
1!.l<IllJ)]. C A
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CITY OF SAN BERNARDINO~'CiTY CLERK'S OFFICE~-'- ,.~..,,, .
RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: il/.:< I /0 -
Resolution/Ordinance No. '(/lid. - !/~ 2-
-JYl,. () 2 2/ fCC':S
Ayes: If. 'YIA< '. - 7
Abstain, --H---
Date Sent to Mayor: '11~~ / C> ~
Date of Mayor's Signatur/ J fJ ~ t!?'
Date Summary Sent to ArneY: I..f /2.. L/rJ 'j
Date Published: .J C; !23 7 I
Effective Date:
Item No. / If
Ordinance Urgency: Yes /~)
Termination/Sunset Date: ///rJ
Vote:
Nays: . C)
Absent:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Returned from Mayor:
Meeting Type:
Continued From/T .
Date Seal Impressed:
Date Sent for Signature: .
Expiration Date:
Copies Distributed To:
To Whom:
Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Rem i nder Letter Sent:
Request for Council Action & Staff Report Attac ed: Yes
Notes: 6 '7
No
Ready to File:
Date:
CXX:UMENT tOCA noN:
fORMS/~ ftemTr.lCldnsFonn.CC Form No. 111-Ust ~ lVOo411996