HomeMy WebLinkAbout07-City Attorney
~ITY OF SAN BERN~RDINO - REQUEST 2R COUNCI~TION
From: James F. Penman
Oept: City Attorney
O~e: July 12, 1989
Subject:
Ordinance of the City of San
Bernardino adding Section 2.46.110
to the San Bernardino Municipal
Code relating to costs of local
emergencies
Synopsis of Previous Council action:
i~one
,
Recommended motion:
Recommend that Council waive further reading and layover
for adoption.
r
Signature
Contact panon: Dennis A. Barlow
Phone:
5255
Supporting data attachad:
Ward:
FUNDING REQUIREMENTS:
Amount:
Sourca: (ACCT. NO.)
(ACCT, DESCRIPTION)
Flnanca:
Council Notal:
A ___..1_ 1..__ 'd_
7
CIT~ OF SAN BERN~RDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
Review of the law surrounding the double tragedy on Duffy
street disclosed that in most cases the public agencies involved
with emergency response may not recover the costs of that
response without a statutory basis. We therefore submit the
attached draft ordinance for your review and discussion. We have
based this ordinance on the provisions in state Statute relating
to collecting the losses due to fire response (Health and Safety
Code Section 13009) and the costs of responding to a drunk
driving accident (Government Code Section 53150 et seq.). We
have sent advance copies of this ordinance to Risk Management,
Police and Fire and at this point have received the attached
response from Risk Management and the Police Chief.
The issues to be considered in the adoption of this type of
ordinance include:
1. Whether such costs should be collected at all.
2. If so, under what circumstances should they be charged.
In this proposal we have indicated that they would only
be charged if a formal declaration of emergency is
made.
3. Should there be a limitation on the costs to be
collected? Government Code Section 53154 with
reference to the costs of responding to a drunk driving
accident limits the costs to be collected to $1,000.00.
In this proposal we have limited the costs to
$1,000,000.00 except for commercial enterprises
pursuing their commercial operations, where there is no
limit. The concern, of course, is that a family should
not carry the burden of millions of dollars of costs
for many years as a result of one negligent act.
75.0264
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1
ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2.46.110 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO COSTS
3 OF LOCAL EMERGENCIES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1.
Section 2.46.110 is hereby added to the San
6
7
Bernardino Municipal Code to read as follows:
"Whenever a local emergency is declared pursuant to
8
this chapter and/or pursuant to Government Code
9
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).
DAB:br
June 21, 1989
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDm~
8907-3901
TO: DENNIS A. BARLOW, CITY ATTORNEY'S OFFICE
FROM: ARTHUR J. SCHUBERT, DIRECTOR OF RISK MANAGEMENT
SUBJECT: REIMBURSEMENT FOR THE COST OF LOCAL EMERGENCIES
DATE: July 5, 1989
COPIES:
-------------------------------------------------------------
Your proposed ordinance seems to be quite appropriate.
Our greatest cost, other than labor costs for our City Safety
Officer and Liability Claims Specialist, was for supplies
(photographic supplies & developing).
You may want to consider adding something to the ordinance to
cover this contingency.
o~
A. J. Schubert
Director of Risk Management
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