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HomeMy WebLinkAboutS05-City Attorney 'CITOOF SAN BERNARDIO - REQUOT FOR COUNCI~aON -, From: James F. Penman 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 Dept: City Attorney DMe: July 12, 1989 Synopsis of Previous Council action: ,.one Recommended motion: Recommend that Council waive further reading and layover for adoption. ? Signature Contlct penon: Dennis A. Barlow Phonl: 5255 Supporting dltl Ittlchld: Wlrd: FUNDING REQUIREMENTS: Amount: SourcI: (ACCT. NO.) (ACCT. DESCRIPTION) Flnlnce: Council Notll: 75.02&2 Agenda Item No, :::;; - ~ CI'IC OF SAN BERNARDI~ - REQUOT FOR COUNCIL AcQoN 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 m1llions of dollars of costs for many years as a result of one negligent act. 75-0264 0 1 2 3 4. 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.46.110 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO COSTS OF LOCAL EMERGENCIES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.46.110 is hereby added to the San Bernardino Municipal Code to read as follows: "Whenever a local emergency is declared pursuant to this chapter andlor 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 ($1,000,000.00). DAB:br June 21, 1989 1 0 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o "The liability imposed pursuant to this Section constitutes a debt of the responsible party and is collectable by the Ci ty in the same manner as in the case of an obligation under contract, expressed or implied." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: of AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day , 1989. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney (\ '7 7:1~~ By: J/~ C DAB:br June 21, 1989 2 o. o 0 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8907-3901 o , TO: DENNIS A. BARLOW, CITY ATTORNEY'S OFFICE FRbM: ARTHUR J. SCHUBERT, DIRECTOR OF RISK MANAGEMENT SUBJECT: REIMBURSEMENT FOR THE COST OF LOCAL EMERGENCIES DATE: July 5, 1989 COPIES: ------------------------------------------------------------- Your proposed ordinance seems to be quite appropriate. Our greatest cost, other than labor costs for our City Safety Officer and Liability Claims Specialist, was for supplies (photographic supplies & developing). You may want to consider adding something to the ordinance to cover this contingency. o~ A. J. Schubert Director of Risk Management AS/sf A".r- 1= 4../lh..4.c....r' 1"_ rUfJ-:-. Z 71...." -rl..114. c.....,pl"", IJ."IJ ... t.,,~,J ,... "1""C~"'j4";"''' l.u.f"s. ~. /f:.$ ~..I. ~~/.~ o o o - ,'-" ','j . ,DePARTMENT L ..l..:.'l.,," ., '"0M: ~lJ::;;C: CIINf of hIkI ~,.,.t... 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