San Bernardino Municipal Code Ch. 2.46 Disaster Council

The purpose of this chapter is to provide for the preparation and execution of plans for the protection of persons and property within the city in the event of an emergency. This chapter shall provide for the direction of the emergency organization and the coordination of the emergency functions with all other public agencies, corporations, organizations and affected private persons and entities.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY. The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest 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 the city, requiring the combined forces of other political subdivisions to combat.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

The City Disaster Council is created and shall consist of the following:

(A) The Mayor, who shall be Chair;

(B) The Director of Emergency Services, who shall be Vice Chair;

(C) The Assistant Director of Emergency Services;

(D) Such Chiefs of Emergency Service as may be provided for in a current emergency plan of the city adopted pursuant to this chapter; and

(E) Such other representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council and it is empowered to develop and recommend for adoption by the Mayor and City Council, the city’s emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements. The city’s emergency plan shall provide for the effective mobilization of all the city’s resources, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon the adoption of a resolution by the Mayor and City Council.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

(A) There is created the position of director of emergency services. The City Manager shall be the Director of Emergency Services.

(B) There is created the position of assistant director of emergency services, who shall be appointed by the Director. When the Director of Emergency Services is not available, the Assistant Director of Emergency Services shall become Acting Director and assume the powers and duties of the Director.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

There is created the office of emergency management, which shall act at the will of the Director of Emergency Services. The City Emergency Manager shall manage the day-to-day affairs of the emergency management program and have certain other emergency management functions as specified.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

In accordance with the Cal. Gov’t Code, § 8607, the city adopts the standardized emergency management system (“SEMS”) framework. The SEMS framework includes the use of the incident command system (“ICS”), multi-agency or interagency coordination, participation in the master mutual aid agreement and operational area concept.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

In accordance with Homeland Security Presidential Directive 5 (February 28, 2003), the city adopts the national incident management system (“NIMS”) framework. The NIMS framework includes the use of the standardized emergency management system and the incident command system, multi-agency or interagency coordination, participation in the master mutual aid agreement and the operational area concept.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

(A) The Director is empowered to:

(1) Request the Mayor and City Council to proclaim the existence or threatened existence of a “local emergency,” if the City Council is in session, or to issue such proclamation, if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the Mayor and City 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 Director, the circumstances are beyond the city’s capacity to adequately respond to or recover from the emergency;

(3) Control and direct the efforts of the city’s emergency organization for the accomplishment of the purposes of this chapter;

(4) Direct cooperation between and coordination of services and staff of this emergency organization and resolve questions of authority and responsibility that may arise between them;

(5) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and

(6) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the existence of a “state of war emergency,” the Director is further empowered:

(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations are confirmed at the earliest practicable time by the City Council;

(b) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use;

(c) To require emergency services of any officer or employee and, in the event of the proclamation of a “state of emergency” in the county or the existence of a “state of war emergency,” to command the aid of as many residents of the city as may be necessary in the execution of duties; provided that all such persons are given all privileges, benefits and immunities as are provided by state law for registered disaster services workers;

(d) To requisition necessary personnel or material of the departments or agencies; and

(e) To execute all ordinary power as City Manager; all of the special powers conferred by this chapter or by resolution or emergency plan adopted pursuant to this chapter; all powers conferred by any statute, by any agreement approved by the Mayor and City Council and by any other lawful authority.

(B) The Director 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 City Council.

(C) The Assistant Director shall, under the supervision of the Director and with the assistance of the Chiefs of Emergency Services, develop emergency plans, manage the emergency programs of the city and have such other powers and duties as may be assigned to him or her by the Director.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

All officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or by operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

Any expenditure 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. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

It shall be a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not to exceed six months, or both, for any person to, during an emergency:

(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 or her by virtue of this chapter;

(B) Commit any act or omission forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act or omission is of such nature as to give assistance to the enemy or imperil the lives or property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof; and

(C) Wear, carry or display without proper authority any means of identification specified by the emergency agency of the state.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)

(A) Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm or natural or human-made disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm or natural or human-made disaster, and for a period of 30 days following such proclamation or declaration, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies or medical supplies, home heating oil, building materials, housing, transportation, freight and storage services or gasoline or other motor fuels for an amount that exceeds 10% of the price charged by such person immediately prior to the proclamation or declaration of emergency; provided, however, that this prohibition shall not apply upon demonstration that the increase in price is directly attributable to additional costs imposed by the supplier of the goods or additional costs of providing such goods or services during the state of emergency and the price represents no more than 10% above the total of the cost to the seller, plus the markup customarily applied by the seller for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.

(B) Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil unrest or storm declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest or storm, and for a period of 180 days following such proclamation or declaration, it shall be unlawful for a contractor to sell, or offer to sell, any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10% above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase shall not be unlawful if that person can demonstrate that the increase in price is directly attributable to the additional costs imposed by the contractor’s supplier or to the additional costs of providing the service during the state of emergency and the price represents no more than 10% above the total of the cost to the contractor, plus the markup customarily applied by the contractor for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.

(C) Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm or other natural disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm or other natural or human-made disaster, and for a period of 30 days following such proclamation or declaration, it shall be unlawful for the owner or operate of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10%. However, a greater price increase shall not be unlawful if the owner or operator can demonstrate that the increase in price is directly attributable to the additional costs imposed on him or her for goods or labor used in his or her business, to seasonal adjustments in rates that are regularly scheduled or to previously contracted rates.

(D) The provisions of this section may be extended for an additional 30-day period by the Mayor and City Council if such extension is deemed necessary to protect the lives, property or welfare of the residents of the city.

(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019)