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HomeMy WebLinkAboutORD INTRO 1 EMERG ORG 05-04-92A GENDA� �a ��:J RDINANCE FOR INTRODUCTION NO.1 5-4-92 Inter -Com ,TE: MAY 41 1992 I.S 1 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: ORDINANCE NO. 1084 PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF CITY EMERGENCY ORGANIZATION AND FUNCTIONS RECOMMENDATION It is recommended that the City Council have first reading by title only and introduce Ordinance No. 1084, providing for the preparation and implementation of emergency organization and functions for the City of Tustin. BACKGROUND Currently, the City of Tustin's City Code Section 5200 contains provisions for emergency functions and organization during a disaster. This Code Section, adopted originally in 1962 and revised in 1975, contains outdated policies and procedures no longer recommended by the State Office of Emergency Services (OES). Pursuant to OES recommendations, a revised ordinance has been prepared for City Council consideration. This ordinance will modify Code Section 5200 and includes provisions for the creation of a Disaster Council, the powers of the Director and Assistant Director of Emergency Services, and the development and implementation of the City of Tustin Emergency Plan. Although the City of Tustin Emergency Plan has been completed, the City Attorney has indicated that it should not be presented to the City Council for formal adoption until Ordinance No. 1084 becomes effective, 30 days after the second reading and adoption. Therefore, it has been scheduled for City Council'consideration at the July 6, 1992 meeting. However, the training of City staff is scheduled to begin on May 13, 1992, with a workshop for Department Directors and managers outlining the Plan and the development of Standard Operating Procedures (SOP'S). CONCLUSION Ordinance No. 1084 closely follows the format developed by OES and is consistent with those of neighboring jurisdictions, as well as cities throughout the State. It is therefore recommended that the City Council adopts Ordinance No. 1084. Robert S. Ledendecker irector of Public Works/ City Engineer RSL:klb:N01084 Katie Pitcher T Administrative Assistant II ORDINANCE NO. 1084 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 1 Code Amendment Chapter 2 "Disaster Emergency Services," of Article 5, "Public Safety" is hereby amended in its entirety to read as follows. 115200 PURPOSE The declared purpose of this chapter is 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 DEFINITION "Emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City of Tustin caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities for the City, requiring the combined forces of other political subdivisions to combat. 5202 DISASTER COUNCIL MEMBERSHIP The City of Tustin Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be chairman. B. The Director of Emergency Services, who shall be Vice Chairman. C. The Assistant Director of Emergency Services. D. Such Chiefs of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official Ordinance No. 1084 Page 2 emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. 5203 DISASTER COUNCIL POWERS AND DUTIES It shall be the duty of the City of 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 Chairman or, in his absence from the City or inability to call such meeting, upon call of the Vice Chairman. 5204 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES A. There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. B. There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director. 5205 POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES A. The Director is hereby 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 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 the City for the accomplishment of the purposes of this ordinance. (4) Direct cooperation between and coordination of services and staff of the emergency organization of Ordinance No. 1084 Page 3 the City; 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. (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, or the existence of a "State of War Emergency," the Director is hereby 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, such rules and regulations must be confirmed at the earliest practicable time the City Council; (b) To obtain 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; (c) 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 of Orange or the existence of a "State of War Emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered Disaster Services Workers; (d) To requisition necessary personnel or material of any City department or agency; and (e) To execute all of his ordinary power as City Manager all of the special powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. Ordinance No. 1084 Page 4 B. The Director of Emergency Services shall designate the order of succession to that of f ice, to take of f ect in the event the Director is unavailable to attend meetings and otherwise perform his 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 Emergency Service Chief, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director. 5206 EMERGENCY ORGANIZATION All off icers and employees of the City of Tustin 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 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 City of Tustin Disaster Council shall be responsible for the development of the City of Tustin Emergency Plan, which shall provide for the effective mobilization of all of the resources of the 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 expenditures 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 ($1000), or by imprisonment for not to exceed six months, 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 Ordinance No. 1084 Page 5 this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or to 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." PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 1992. Mayor MARY E. WYNN, City Clerk