HomeMy WebLinkAbout10 ORDINANCE NO. 1436 AMENDING CHAPTER 2, ARTICLE 5, OF THE TUSTIN CITY CODE REGARDING DISASTER SERVICESAgenda Item 10
Reviewed:
AGENDA REPORT City Manager
Finance Director I tNJ�
MEETING DATE: JULY 15, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CHARLES F. CELANO, JR., CHIEF OF POLICE
SUBJECT: ORDINANCE NO. 1436 AMENDING CHAPTER 2, ARTICLE 5, OF
THE TUSTIN CITY CODE IN ITS ENTIRETY REGARDING
DISASTER EMERGENCY SERVICES
SUMMARY
Ordinance Number 1436 amends Article 5, Chapter 2 of the Tustin City Code in its
entirety and establishes a Disaster Council pursuant to the California Emergency
Services Act and California Disaster Service Worker Volunteer Program Regulations.
RECOMMENDATION
That the City Council introduce and have first reading of Ordinance No. 1436 amending
in its entirety Chapter 2, Article 5, of the Tustin City Code pertaining to Disaster
Emergency Services and set second reading at the next scheduled City Council
Meeting.
FISCAL IMPACT
There is no fiscal impact to the City associated with this action.
CORRELATION TO THE STRATEGIC PLAN
The recommendation correlates to the City's strategic plan by implementing Goal B,
item number two and enhancing the City's readiness to respond to major disasters.
BACKGROUND /DISCUSSION
The Police Department established the .City's Community Response Team (CERT)
program in 2013 to provide disaster preparedness training for community members and
to develop an organized volunteer group that could be called upon to assist professional
responders during a major emergency. CERT activities fall under the State's Disaster
Ordinance 1436 Amending the City Code Section 5200 related to Disaster Emergency
Services
July 15, 2014
Page No. 2
Service Worker (DSW) program and City Code Section 5200 for Disaster Emergency
Services does not contain state required provisions granting the City the authority to
swear in DSW members.
Formal designation as a DSW provides the City and the volunteers with certain liability
protections and also provides volunteers with worker's compensation protection if
injured while performing training or other disaster service related activities.
The Disaster Council is to be comprised of the Mayor, the Director of Emergency
Services (City Manager), the Chief of Police and other members as may be appointed
by the Director with the consent of the City Council. While the primary goal of the
establishment for the Disaster Council is to enable the swearing in of Disaster Services
Workers, the Disaster Council may also act in an advisory and oversight capacity for the
City's emergency preparedness programs if desired by its members.
The ordinance has been reviewed and approved by the City Attorney.
S F. CELANO, JR. JO�)MEYERS
Chief of Police Emergency Mgmt. Coordinator
Attachment 1: Disaster Service Worker Regulations
Attachment 2: Redlined Changes to TCC Section 5200
Attachment 3: Ordinance 1436
December 17, 2012
ATTACHMENT NO. 1
California Emergency
Management Agency
TITLE 19. PUBLIC SAFETY
Administrative Regulations
DIVISION 2. CALIFORNIA EMERGENCY MANAGEMENT AGENCY
CHAPTER 2. EMERGENCIES AND MAJOR DISASTERS
SUBCHAPTER 3. DISASTER SERVICE WORKER VOLUNTEER PROGRAM
§ 2570. Short Title.
This subchapter shall be known and may be cited as the
Disaster Service Worker Volunteer Program (DSWVP)
Regulations.
§ 2570.1. Purpose.
The Legislature has long provided a state- funded
program of workers' compensation benefits for disaster
service worker volunteers who contribute their services
to protect the health and safety and preserve the lives
and property of the people of the state. This Program
was established to protect such volunteers from
financial loss as a result of injuries sustained while
engaged in disaster service activities and to provide
immunity from liability for such disaster service
worker volunteers while providing disaster service,
including official out -of -state deployments to
jurisdictions requesting mutual aid assistance. Out -of-
state training conducted in a manner geographically
and functionally specific to cross - border emergency
response may also be considered a covered activity.
Not
Authority cited'. Sections 8567 and 8585.5 Government Code.
Reference: Section 8657, Government code, Sections 3211.9 through
3211.93a, Labor Code., Section 1714.5 Civil Code.
§ 2570.2. Definitions.
(a) Disaster Service Worker Volunteer
(1) A disaster service worker volunteer is any person
registered with an accredited disaster council or the
California Emergency Management Agency, or a state
agency granted authority to register disaster service
worker volunteers, for the purpose of engaging in
disaster service pursuant to the California Emergency
Services Act without pay or other consideration.
(2) Disaster service worker volunteer includes public
employees, performing disaster work outside their
regular employment without pay, and also includes any
unregistered person impressed into service during a
state of war emergency, a state of emergency, or a local
emergency by a person having authority to command
the aid of citizens in the execution of his or her duties.
(3) Exclusion: Disaster service worker volunteer does
not include any member registered as an active fire
fighting member of any regularly organized volunteer
fire department, having official recognition, and full or
partial support of the county, city, town or district in
which such fire department is located.
(b) Disaster Service.
(1) Disaster service means all activities authorized by
and carried on pursuant to the California Emergency
Services Act while assisting any unit of the emergency
organization during a proclaimed emergency or during
a Search and Rescue mission, including approved,
documented and supervised:
• activities performed to mitigate an imminent
threat of extreme peril to life, property and
resources, and
• training necessary to engage in such activities.
Such activities are under the general direction of the
accredited disaster council (or designated agency or
authority) including how supervision will be performed
(i.e. onsite, offsite) and who will act in a supervisory
capacity, (i.e. paid staff, volunteers). It is the
responsibility of the accredited disaster council (or
designated agency or authority) that only persons with
appropriate supervisory skills, as determined by the
accredited disaster council (or designated agency or
authority), act in a supervisory capacity.
(2) Exclusions. Disaster service does not include any
activities or functions performed by a person if the
accredited disaster council with which the person is
registered receives a fee or other compensation for the
performance of that person's activities or functions.
(c) Training. For purposes of these regulations,
training is a pre- authorized activity, sponsored by an
accredited disaster council (or designated agency or
authority) and may include classroom instruction,
disaster drills or exercises, or related activities
designed to enhance the disaster response skills
(including safety) of the disaster service worker
volunteer. Out -of -state training conducted in a manner
geographically and. functionally specific to cross -
border emergency response may also be considered a
covered activity.
(d) Disaster Council. A disaster council is a public
agency established by ordinance which is empowered
to register and direct the activities of disaster service
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December 17, 2012 California Emergency Administrative Regulations
Management Agency
worker volunteers within the area of the county, city,
city and county, or any part thereof. In this respect, the
disaster council is acting as an instrument of the state
in aid of carrying out general state government
functions and policy with regard to disaster services.
(e) Accredited Disaster Council. A disaster council
may become accredited through certification by the
California Emergency Management Agency when the
disaster council agrees to follow and comply with the
rules and regulations established by the California
Emergency Management Agency pursuant to the
provisions of the Emergency Services Act. Upon
certification, and not before, the disaster council
becomes an accredited disaster council. -A disaster
council remains accredited only while the certification
of the California Emergency Management Agency is in
effect and is not revoked.
(f) Auxiliary Fire Fighter. An auxiliary fire fighter is a
person recruited, registered and trained as a supplement
or reserve for unusual fire emergencies or disaster
situations. Workers' compensation benefits for
uncompensated auxiliary fire fighters may be provided
by the state. An auxiliary fire fighter is not a
',volunteer fire fighter," who is a person recruited and
trained to meet the day -to -day operational requirements
of a fire department. Workers' compensation
insurance premiums for the volunteer fire fighter are
the responsibility of the local government or fire entity.
(g) Public Employee. All persons employed by the
state or any county, city, city and county, state agency
or public district, excluding aliens legally employed,
are considered to be public employees.
(h) Convergent Volunteers. Convergent volunteers are
individuals who come forward to offer disaster
response and recovery volunteer services during a
disaster event. Convergent volunteers are not persons
impressed into service at the scene of an incident.
NOTE
Authority cited: Sections 8567, 8585.5, and 8585.7, Government
Code. Reference'. Sections 3100, 8610 and 8612, Government Code;
and Sections 3211.9, 3211.91, 3211.92, 3211.93, 3211,93a, and
3600.6 Labor Code.
Agency with a certified copy of the ordinance which
has provided for the following:
(1) a disaster council;
(2) a Chairperson or director of the disaster council;
(3) an Emergency organization; and,
(4) compliance with the Emergency Services Act.
NOTE
Authority cited: Sections 8567 and 8585.5, Government Code.
Reference: Section 8612, Government Code.
§ 2572.1. Classifications and General Duties.
The various classifications of disaster service worker
volunteers and the general duties of the members of
each classification shall be limited to those described
below. It is the responsibility of the accredited disaster
council (or designated agency or authority) to
determine the appropriate level of background check, if
any, for each classification.
(a) Animal Rescue, Care and Shelter. Veterinarians,
veterinary support staff and animal handlers /specialists
providing skills in the rescue, clinical treatment,
euthanasia, disposal and transportation of all animals,
including but not limited to companion animals,
livestock, avian, fish, equine, exhibition animals, zoo
animals, laboratory and research animals, and wildlife;
assisting in the procurement of shelters, equipment, and
supplies; documenting arrival, sheltering, treatment,
and discharge or placement of animals.
(b) Communications. Install, operate and maintain
various communications systems and perform related
service, to assist officials and individuals in the
protection of life and property.
(c) Community Emergency Response Team Member.
Under the direction of emergency personnel or a
designated team leader, assist emergency units within
their block, neighborhood, or other area assignment;
survey area conditions; disseminate information; secure
data desirable for emergency preparedness planning;
report incidents; and generally assist officials and
individuals in the protection of life and property.
§ 2571. Accredited Disaster Council.
(a) Disaster councils shall be accredited in accordance
(d) Emergency Operations Center /Incident Command.
with Sections 8585.7 or 8612, Government Code.
Under the direction and supervision of the EOC/IC
assist at the city, county, region, State, or departmental
(b) When applying for accreditation, disaster councils
level of government in the coordination of overall
shall famish the California Emergency Management
response and support to an incident including
performing in one or more of the Standardized
Emergency Management System functions.
Paget
December 17, 2012 California Emergency Administrative Regulations
Management Agency
(e) Human Services. Assist in providing food,
clothing, bedding, shelter, and rehabilitation aid;
register evacuees to promote reuniting families and to
support the needs of special populations; compile
authoritative lists of deceased and missing persons; and
other phases of emergency human services, such as
maintaining morale and administering to the mental
health, religious or spiritual needs of persons suffering
from the effects of the disaster.. .
(f) Fire. As auxiliary fire fighters or auxiliary wildland
fire fighters, assist regular fire fighting forces or fire
protection agencies to fight fire, rescue persons, and
save property; control forest or wildland fires or fire
hazards; instruct residents in fire prevention and
property defense methods, methods of detecting fire,
and precautions to be observed in reducing fire
hazards.
( I ) For purposes of these regulations only, the ratios
between auxiliary fire fighters, volunteer fire fighters,
and paid fire fighters shall be one auxiliary for one
volunteer and three volunteers for one paid fire fighter.
The basis for applying these ratios is that the staffing of
an engine company, truck company, or a squad shall
not exceed six paid fire fighters, and a salvage and
rescue company shall not exceed two paid fire fighters.
A fire department that has no volunteer fire fighters is
limited to three auxiliary fire fighters for each paid fire
fighter in the companies and squads, staffed as above.
These staffing standards are based on the number of
first line (not reserve) apparatus operated by the fire
department.
(2) When auxiliary fire fighters are registered with
other than an established fire service organization; for
example, auxiliary fire fighters in a county or city
emergency management services organization, a total
number of eligible auxiliary fire fighters shall be
computed for that city or unincorporated area. The
emergency management services organization is
entitled to register auxiliary fire fighters not otherwise
registered with other established fire service
organizations, and to a number not to exceed the
allowable total as indicated in Section 2572.1 (f) (1),
above.
(g) Laborer. Under the direction and supervision of the
responding agency, performs general labor services and
supports emergency operations.
(h) Law Enforcement. As Auxiliaries, assist law
enforcement officers and agencies to protect life and
property; maintain law and order; perform traffic
control duties; guard buildings, bridges, factories, and
other facilities; isolate and report unexploded ordnance.
(i) Logistics. Under the direction of the emergency
organization, assist in procurement, warehousing, and
release of supplies, equipment materials, or other
resources. Assist in mobilization and utilization of
public and private transportation resources required for
the movement of persons, materials, and equipment.
0) Medical and Environmental Health. Staff casualty
stations, establish and operate medical and public
health field units; assist in hospitals, out - patient clinics,
and other medical and public health installations;
maintain or restore environmental sanitation; assist in
preserving the safety of food, milk, and water and
preventing the spread of disease; perform laboratory
analysis to detect the presence and minimize the effects
of nuclear, chemical, biological, radiological or other
hazardous agents.
(k) Safety Assessment Program Evaluator. Survey,
evaluate and assess damaged facilities for continued
occupancy or use; assist in safety evaluations of
facilities for utilities, transportation, and other vital
community services; and provide recommendations
regarding shoring or stabilization of damaged or unsafe
buildings or structures.
(1) Search and Rescue.
Under the direction of the appropriate authority,
perform search and rescue operations in one or more of
several areas including, but not limited to: search and
rescue; SAR conducted evidence searches; urban
search and rescue; or mine and confined space rescue.
(m) Utilities. Assist utility personnel in the repair and
restoration of public utilities damaged by disaster.
NOTE
Authority cited: Sections 8587 and 8585.5, Government Code.
Reference: Section 8585.5, Government Code
§ 2572.2. Scope Of Disaster Service Duties.
Each disaster service worker volunteer in any
classification shall, without regard to a formal
designation or assignment, be considered to be acting
within the scope of disaster service duties while
assisting any unit of the emergency organization during
a proclaimed emergency or during a SAR mission, or
performing activities to mitigate an imminent threat of
extreme peril to life, property and resources either:
(a) under the authorization and supervision of a duly
constituted superior in the emergency organization; or,
Page 3
December 17, 2012 California Emergency Administrative Regulations
Management Agency
(b) under the supervision and direction of the American
Red Cross while carrying out its programs in
consonance with state and local statements of
understanding, or in carrying out a mission assigned to
that agency by a responsible state or local authority.
NOTE
Authority: Sections 8567 and 8585.5, Government Code.
Reference: Section 8585.5, Government Code.
§ 2573.1 Registration and Training.
(a) Registration. A person shall be deemed to be
registered if the following information is on file with
the California Emergency Management Agency or with
the appropriate authority as indicated in Section
2573.2:
(1) name of registrant;
(2) address of registrant;
(3) date enrolled (established as the date the loyalty
oath is administered);
(4) name of registering government agency or
jurisdiction with signature and title of authorized
person;
(5) classification of disaster service to which the
volunteer is assigned; and
(6) a signed statement that the loyalty oath or
affirmation was taken or subscribed before an officer
authorized to administer oaths.
(b) Training
(1) Accredited disaster councils may require each
person registered as a disaster service worker volunteer
to satisfactorily complete a course of training or
instruction, including periodic refresher training. If
warranted by the classification, disaster councils may
require documented proof of professional certification
or licensing.
(2) The accredited disaster council (or designated
agency or authority) shall ensure disaster training is
approved, documented and supervised, and shall ensure
disaster training is commensurate with the duties of the
disaster service worker volunteer.
(3) Exclusions: Unless the volunteer is directly
providing disaster services, activities that are not
covered include, but are not limited to, parades, public
exhibitions, physical fitness training, out -of -state
training not conducted in a manner geographically and
functionally specific to cross - border emergency response
or other training activities not related to disaster service.
NOTE Authority cited: Sections 8567 and 8585.5 Government Code.
Reference: Section 8585.5 Government Code.
§ 2573.2 File Retention and Recordkeeping.
(a) Documented proof of the oath or affirmation of any
disaster service worker volunteer is an integral part of
an injury claim for workers' compensation. File
retention should follow the same rules as other public
personnel records. The oath or affirmation shall be
filed as follows:
(1) State. File as prescribed by the State Department of
Personnel Administration within 30 days of the date it
was taken or subscribed.
(2) County. File in the office of the county clerk or in
the official department personnel file of the county
employee who is designated as a disaster service
worker.
(3) City. File in the office of the city clerk.
(4) Other Public Agencies or Districts. File with a
public agency or district designated officer or
employee.
(5) The oath or affirmation may be destroyed without
duplication five years after the termination of the
disaster service worker volunteer's service or, in the
case of a public employee, five years after the
termination of the employee's employment.
(b) All registration records shall be available for
inspection by any officer or employee of the State
Compensation Insurance Fund or of the California
Emergency Management Agency.
(c) The personnel officer or other individual designated
by the accredited disaster council shall be responsible
for keeping the registration current, and for the
accuracy and safekeeping of the official registration
records.
(d) The California Emergency Management Agency
may prescribe additional registration requirements as it
may deem necessary.
NOTE Authority cited: Sections 8567 and 8585.5, Government
Code. Reference: Section 3105, Government Code.
Page 4
December 17, 2012 California Emergency Administrative Regulations
Management Agency
§2573.3 Workers' Compensation Claims.
Claim Packages. Workers' compensation claims for
injuries /illnesses sustained by disaster service worker
volunteers while performing disaster service, shall be
filed under the same authorities and guidelines as
claims filed by paid employees. The claim shall
include:
(a) the appropriate claim and employer's report of
injury /illness forms as prescribed by the State
Compensation Insurance Fund;
(b) a written narrative account of the incident that may
include witness statements; and,
(c) a copy of the claimant's current disaster service
worker volunteer registration form indicating the
loyalty oath or affirmation was administered.
(d) If injury due to a training activity, the claim shall
also include:
(1) a copy of a training document verifying the
disaster service worker volunteer's participation,
and
(2) a copy of the written pre - authorization of the
training activity by the accredited disaster council
or its designee.
NOTE
Authority cited: Sections 8567 and 8585.5, Government Code.
Reference: Section 3211.92 and 5400 et seq., labor Code; and
Section 3102, Government Code.
Page 5
ATTACHMENT NO. 2
5200 PURPOSE
The jgwpcsedeclared purposes of this chapter isare to provide for the preparation and
carrying out of plans for the protection of persons and property within the City of Tustin
in the event of an emergency; the direct on of the emergency organization; and the
coordination of emergency functions of the City with all other public agencies,
corporations, organizations, and affected private persons.
� sl mea be- actu4- &�Iweatened
5209 DEFINITIONS
For the purpose of carrying out the intent of this chapter, the following words_ phrases
and terms shall have the meaning ascribed to them in this section.
"Emergency" Included within the term "emergency "are the three (3) degrees of
emergency enumerated in the California _Emergency Services Act, Section 8558 of the
Government Code.
a. "State of war emergency" means the condition which exists immediately.
or without a oroclama,tion thereof by the governor,, whenever this state or nation
is attacked by an enemy of the United States, or upon receipt by the state of a
warning from the federal government . indicating that such an enemy attack_ is
probable or imminent.
a:— "State of emergency" means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the Q4
of Testate caused by such conditions as air pollution, fire, flood, storm.
epidemic, riot, or earthquake or other conditions,
t-t# {ems #LLef - war { —ba: other than conditions resulting from -1
labor controversy; or conditions causing _a "state of war emergency, which
conditions by reason of their magnitude, are or are likely to be beyond the
control of the services, personnel, equipment, and facilities fe-r rifsr.;
{eeirof an sin le caun ci and coon or ci and re uire the combined
forces of subdivisispsa mutual aid region or recions to combat.
Imo. Ei17T�ii "��T =�. ■
C+T *.0 : l . e :I
b. "Local emergencv" means the dulv Droclaimed existence of conditions of
disaster or of extreme peril_ to the safely of persons and Property within the
territorial Limits of a county, citj and county, or city, caused by such conditions as
air pollution, fire, flood, storm, .ey.idemic =riot. o.r_ earthquake ._or other . conditions-
other than conditions resulting from a, labor controversy., _which conditions or
are likely to be beyond the control of the services personnel, a ui ment and
facilities of that political subdivision and require the combined forces of other
olitical subdivisions to combat.
c. "Eme enc clans" means those official and approved documents which
describe the principlesand methods to be applied in carrying out eme enc
operations or renderinin mutual aid during emergencies. These plans include
such elements as continuiy of government, he emefgenU services of
overnmental agencies, mobilization of resource2, mutual aid and Public
information.
d. " Emergency services" means the organized
preparation
for and carrying ouf
of all emer enc functions for which
the City of
Tustin
would normall be
responsible in order to prevent—minimize, or repair
the
iniury and dama e
resulting from any disasterL actual or
threatened
against
personnel, land or
buildings, such as extraordina fire.
flood earth
uake epidemic,
riot ma'or
explosion or other similar public calamity.
5202 DISASTER COUNCIL MEMBERSHIP
The Tustin Disaster Council is hereby created 4 -c4and 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 Chief of Police.
d. Such representatives of civic business labor, veterans rofessional or other
organizations having an official emergengy res onsibili as may be a ointed
by the Director of Emergency Services with the advice and consent of the Cit
Council.
5203 DISASTER COUNCIL POWERS AND DUTIES
It shall be the duty of the Tustin Disaster Council and it is hereby empowered, to
develop and recommend for adoption by the Ci Council emergency and mutual aid
Volans 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 u on call of the Chair or, in his absence upon call of the Vice Chair.
5204 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES
Wg. The City Manager shall be the Director of Emergency Services.
kb}b. The Chief of Police shall be the poskiePAssistant_DirF of Emergency
Services
jZ05 POWERS AND DUTIES OF THE DIRECTOR AND _ASSISTANT DIRECTOR OF
EMERGENCY SERVICES COORDINATOR
The Director ergency Services is hems empowered to:
Request the City Council to proclaim the existence or threatened
existence of a "L- ocei- L+ffef@eey`_local emergenc " 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 City
Council shall take action to ratify the proclamation within seven (7) days
thereafter or the proclamation shall have no further force or effect.
2}2, Request the Mile all aGovernor to proclaim a vocal
fie=, "state of emergency" when, in the opinion of the Director the
locally available resources are inadequate to cope with the emergency.
3}3. Control and direct the effort of the emergency organization of
thethis City for the accomplishment of the purposes of this A;
chapter.
4)4. Direct cooperation between and coordination of services and staff
of the emergency organization of t-hethis City; and resolve questions of
authority and responsibility that may arise between them.
Represent City in all dealings with public or private agencies
on matters pertaining to emergencies as defined herein.
6&. In the event of athe proclamation of a .: -„cal Fim°r9eFiGy "`local
emergency" as herein provided, the proclamation of a -' ate "state of
Pf+eNen "Le eMenc)L by the Governor or the d e Director of the
State Office of E- mergency Services, a # -4 e- existen— ^f !"St-�� -^ aF
the Director is hereby empowered-
WL 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, such rules and regulations must be
confirmed at the earliest practicable time by the City Council;
(}ii. To obtain vital supplies, equipment and such other properties
found lacking and needed for the protection of life and property and
to bind the City for the fair value thereof and, if required
immediately, to commandeer the same for public use;
To require emergency services of any City officer or employee and,
in the event of the proclamation of a '#ate"state of
EfAeFgeneV2gMgrqenc " in the County ef- Gr"ein which the Cit+- is
located or the existence of a "State "state of f--E FfjePG�y. "war
emerrency.' to command the aid of as many citizens of this
community as he are she deems necessary in the execution of his
or her duties; such persons shall be entitled to all privileges,
benefits, and immunities as are provided by State law for registered
disaster services workers
To requisition necessary personnel or material of aCity
-,!ep 4:ReRtdecartments or apeAwaoencie :.; and
(Ov To execute all of his or her ordinary power as City Manager, all of
the special powers conferred upon him or her by this
efdinan eechaot _ or by resolution or emergency plan pursuant
hereto adopted by the City Council, all powers conferred upon him
or her by any statute, by any ordinance, by any agreement
approved by the City Council.
, and by any other lawful authority.
&b. 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 J:45 duties during an emergency. h
eW; ,haij be—e ay d---by the 064--
Vic, The Assistant Emergency Services ee;:d+rat FDirector shall, under the
supervision of the Director of F- nergncy Services and with the assistance of
emergency service chief develop emergency plans and manage the emergency
programs of t- hethis City; and shall have such other powers and duties as may be
assigned by the Director.
6204-
5206 EMERGENCY ORGANIZATION
All officers and employees of thethis City ^€ tm, together with those volunteer forces
enrolled to aid them durng 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 5205(a )(6)(iii) of this chapter, be charged with duties
tbincident to the protection of life and property in this City during such
emergency, and as sue4-- shall constitute the emergency organization of the City of
Tustin.
5205-
5207 EMERGENCY PLAN
The R " °``t°' of g rgeFicygefvi Tustin Disaster Council shall be responsible for the
development of the City of Tustin Emergency Plan, which nLqn _shall provide for the
effective mobilization of all of the publie resources of thethis City, d
fedem! gore both. public and private FeseuFG s, to meet any condition
constituting a L e e e local emerpency state of eme en _ or state of war
emergency; and shall provide for the organization, powers and duties, services- and
staff of the E-.meFg.,ncygmer e�ncy organization. 'wee• - it# Sli nrni n l'nri�
kequiatii 9, T:+ T . -.-ens 24D20, 2925 j7. 93(� 4 -Oar- i4 sll be in rrtm i ��
the C'+n.,rl..Mized FFReFgeF+Gy Me—n- genie ! �'••rie �SFnM9) Such plan shall take effect
r nzvrr��-vsc�rrz �uL�..,1f-
upon adoption by resolution by f the City Council.
5296-
5208 EXPENDITURES
Any xpen '; uFa 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 of Tustin.
5207-
PUNISHMENT OF VIOLATIONS
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars
($1,000 ) or by imprisonment for not to exceed six &Lmonths, 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
eFdiriaR6e chapti-- , or �n the performance of any duty imposed upon him or he by
virtue of this afd
cnapte,..
._Do any act forbidden by any lawful rule or regulation issued pursuant to this
e�dipaA chapter, if such act is of a nature as to give or be likely to give
assistance to the enemy or imperil the lives or property of inhabitants of the
City or to prevent, hinder, or delay the defense or protection thereof.
c. Wear, carry, or display, without authority, any means of identification specified
by the emergency age i�Aggncy of the State
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ATTACHMENT N0. 3
ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, PROVIDING FOR THE PREPARATION
AND IMPLEMENTATION OF EMERGENCY ORGANIZATION
AND FUNCTIONS.
The City Council of the City of Tustin hereby ordains as follows:
SECTION I. Chapter 2 "Disaster Emergency Services ", of Article 5, "Public Safety" is
hereby amended in its entirety to read as follows:
5200 PURPOSE
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 the City of Tustin in the
event of an emergency; the direction of the emergency organization; and the
coordination of the emergency functions of the City with all other public agencies,
corporations, organizations, and affected private persons.
5201 DEFINITIONS
For the purpose of carrying out the intent of this chapter, the following words, phrases
and terms shall have the meaning ascribed to them in this section.
"Emergency" Included within the term "emergency' are the three (3) degrees of
emergency enumerated in the California Emergency Services Act, Section 8558 of the
Government Code.
997189.1
a. "State of war emergency' means the condition which exists immediately, with
or without a proclamation thereof by the governor, whenever this state or nation
is attacked by an enemy of the United States, or upon receipt by the state of a
warning from the federal government indicating that such an enemy attack is
probable or imminent.
b. "State of emergency' means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the state
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or
earthquake or other conditions, other than conditions resulting from a labor
controversy or conditions causing a "state of war emergency," which conditions,
by reason of their magnitude, are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of any single county, city and
county, or city and require the combined forces of a mutual aid region or regions
to combat.
c. "Local emergency' means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the
territorial limits of a county, city and county, or city, caused by such conditions as
air pollution, fire, flood, storm, epidemic, riot, or earthquake or other conditions,
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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 that political subdivision and require the combined forces of other
political subdivisions to combat.
d. "Emergency plans" means those official and approved documents which
describe the principles and methods to be applied in carrying out emergency
operations or rendering mutual aid during emergencies. These plans include
such elements as continuity of government, the emergency services of
governmental agencies, mobilization of resources, mutual aid, and public
information.
e. "Emergency services" means the organized preparation for and carrying out
of all emergency functions for which the City of Tustin would normally be
responsible in order to prevent, minimize, or repair the injury and damage
resulting from any disaster, actual or threatened, against personnel, land, or
buildings, such as extraordinary fire, flood, earthquake, epidemic, riot, major
explosion or other similar public calamity.
15202 DISASTER COUNCIL MEMBERSHIP
The Tustin Disaster Council is hereby 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 Chief of Police.
d. Such representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as may be appointed
by the Director of Emergency Services with the advice and consent of the City
Council.
5203 DISASTER COUNCIL POWERS AND DUTIES
It shall be the duty of the Tustin Disaster Council, and it is hereby empowered, to
develop and recommend for adoption by the City 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 Chair or, in his absence, upon call of the Vice Chair.
5204 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES
997189.1
a. The City Manager shall be the Director of Emergency Services.
b. The Chief of Police shall be the Assistant Director of Emergency Services
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5205 POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF
EMERGENCY SERVICES
997189.1
a. The Director of Emergency Services is empowered to:
1. Request the 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 City Council shall take
action to ratify the proclamation within seven (7) 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 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 herein.
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 Director
of the State Office of Emergency Services, the Director is hereby
empowered:
i. 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, such rules and regulations must be
confirmed at the earliest practicable time by the City Council;
ii. To obtain vital supplies, equipment, and such other properties
found lacking and needed for the protection of life and property and
to bind the City for the fair value thereof and, if required
immediately, to commandeer the same for public use;
iii. To 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 the City is located or the existence of a "state of
war emergency," to command the aid of as many citizens of this
community as he or she deems necessary in the execution of his or
her duties; such persons shall be entitled to all privileges, benefits,
and immunities as are provided by State law for registered disaster
services workers;
Rel
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iv. To requisition necessary personnel or material of City departments
or agencies; and
V. To execute all of his or her ordinary power as City Manager, all of
the special powers conferred upon him or her by this chapter or by
resolution or emergency plan pursuant hereto adopted by the City
Council, all powers conferred upon him or her by any statute, by
any ordinance, by any agreement approved by the City Council,
and by any other lawful authority.
b. 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.
c. The Assistant Emergency Services Director shall, under the supervision of
the Director of Emergency Services and with the assistance of emergency
service chiefs, develop emergency plans and manage the emergency programs
of this City; and shall have such other powers and duties as may be assigned by
the Director.
5206 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 5205(a)(6)(iii) of this chapter, 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 of Tustin.
15207 EMERGENCY PLAN
The Tustin Disaster Council shall be responsible for the development of the City of
Tustin Emergency Plan, which plan shall provide for the effective mobilization of all of
the resources of this City, 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 adoption by resolution of the City Council.
5208 EXPENDITURES
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 of Tustin.
5209 PUNISHMENT OF VIOLATIONS
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars
($1,000), or by imprisonment for not to exceed six (6) months, or both, for any person,
during an emergency, to:
1997189.1
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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. Do any act forbidden by any lawful rule or regulation issued pursuant to this
chapter, if such act is of such a nature as to give or be likely to give assistance to
the enemy or imperil the lives or property of inhabitants of the City, or to prevent,
hinder, or delay the defense or protection thereof. .
c. Wear, carry, or display, without authority, any means of identification specified
by the emergency agency of the State."
SECTION II. This Ordinance shall become effective upon approval.
SECTION III. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council for the
City of Tustin on this 15th day of July, 2014.
(ATTEST:
JEFFREY C. PARKER
CITY CLERK
APPROVED AS TO FORM:
DAVID E. KENDIG
CITY ATTORNEY
997189.1
ELWYN A. MURRAY, MAYOR