San Bernardino header
File #: 6226   
Type: Consent Status: Passed
File created: 6/7/2022 Department: Land Use Services
On agenda: 6/14/2022 Final action: 6/14/2022
Subject: Adoption of an Ordinance to Increase Fines for the Unlawful Removal of Joshua Trees
Attachments: 1. ATT-ORD-LUS-061422-Joshua Tree Ordinance Proposed Summary, 2. ATT-ORD-LUS-061422-Joshua Tree Ordinance Summary, 3. ORD-LUS-061422-Joshua Tree Ordinance, 4. Item #102 Executed BAI, 5. Ordinance No. 4435

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

June 14, 2022

 

FROM

DAVID DOUBLET, Director, Land Use Services Department

         

SUBJECT                      

Title                     

Adoption of an Ordinance to Increase Fines for the Unlawful Removal of Joshua Trees

End

 

RECOMMENDATION(S)

Recommendation

Adopt ordinance adding section 11.0206(a)(1)(C) to Chapter 2 of Division 1 of Title 1 of the San Bernardino County Code relating to increased fines for the unlawful removal of Joshua trees, which was introduced on May 24, 2022, Item No. 110.

(Presenter: David Doublet, Director, 387-4431)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Ensure Development of a Well-Planned, Balanced, and Sustainable County.

Provide for the Safety, Health and Social Service Needs of the County Residents.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Funds collected from fines would go towards efforts and future programs for the increased preservation of the Joshua trees.

 

BACKGROUND INFORMATION

Based on a need to take immediate action to preserve the public peace, health, and safety, on May 24, 2022 (Item No. 110) the Board of Supervisors (Board) adopted an urgency ordinance increasing fines for the unlawful removal a Joshua tree in violation of Chapter 88.01 of the County Code.  The urgency ordinance increased the existing base fine of not less than $500 nor more than $1,000 to a base fine of up to $5,000 for a 1st offense; up to $10,000 for a 2nd offense; and, up to $20,000 for a 3rd offense, or by imprisonment not to exceed six months, or by both such base fine and imprisonment, for the unlawful removal of a Joshua tree.

 

As part of the same item, the Board introduced the same ordinance on a non-urgency basis.  Approval of this item will adopt the increased fines on a non-urgency basis and become effective 30 days after adoption.    

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Jason Searles, Deputy County Counsel, 387-5455) on May 26, 2022; Finance (Erika Rodarte, Administrative Analyst III, 387-4919) on May 31, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Office, 387-5423) on May 31, 2022.