HomeMy WebLinkAbout10 SECOND READINIG ORDINANCE NO. 1436Agenda Item 10
AGENDA REPORT Reviewed:
i
City Manager
Finance Director V N/A
MEETING DATE: AUGUST 5, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ERICA RABE, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1436
SUMMARY:
Ordinance No. 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:
Have second reading by title only and adoption of Ordinance No. 1436 (roll call vote).
BACKGROUND:
On July 15, 2014, the City Council had first reading by title only of the following
Ordinance:
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
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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.
5202 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;
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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.
5207 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:
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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 5th day of August, 2014.
ATTEST:
JEFFREY C. PARKER
CITY CLERK
APPROVED AS TO FORM:
DAVID E. KENDIG
CITY ATTORNEY
RINEVai
ELWYN A. MURRAY, MAYOR