Loading...
HomeMy WebLinkAbout11 DISASTER EMERGENCY 09-04-01AGENDA REPORT NO. 11 09-04-01 220-05 MEETING DATE: SEPTEMBER 4, 2001 TO' WILLIAM A. HUSTON, CITY MANAGER FROM' SUBJECT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION INTRODUCE ORDINANCE NO. 1235 TO AMEND CITY CODE SECTION 5200 RELATING TO DISASTER EMERGENCY SERVICES SUMMARY Adoption of Ordinance No. 1235 amending City Code Section 5200 in its entirety will assure compliance with the California Standardized Emergency Management System (SEMS). RECOMMENDATION It is recommended that the City Council conduct first reading by title only and introduce Ordinance No. 1235 amending City Code Section 5200. FISCAL IMPACT Adoption of the revised Disaster Emergency Services Ordinance will enable the City to demonstrate compliance with the California Standardized Emergency Management System and will make the City eligible for reimbursement of costs for emergency response personnel after a major earthquake or other disaster. DISCUSSION The California Standardized Emergency Management System (SEMS) is the product of Senate Bill 1841 and became effective January 1, 1993. SEMS requires the County, cities, school districts and special districts to use a standard organizational system for responding to and managing emergencies. Local jurisdictions were required to implement the SEMS concepts by December 1, 1996 in order to continue receiving reimbursement from FEMA and the State OES for emergency personnel response costs. SEMS regulations also required the Board of Supervisors to establish an "Operational Area" (OA) no later than December 1, 1995. This task was completed in the fall of 1995 and is under the responsibility of the Orange County Sheriff's Department. The City Council approved an agreement with the County on October 16, 1995 to establish an Operational Area in Orange County. Under this agreement, direct management of emergency response remains the responsibility of each jurisdiction and the County assumes the responsibility for regional coordination with the California Office of Emergency Services (OES) and for providing countywide coordination, logistical and response related support during declared emergencies. · The current City Code was last modified in 1992 and is not in compliance with the California Standardized Emergency Management System. The proposed ordinance corrects this deficiency by including references to the County Operational Area and SEMS. Staff also proposes to modify the City Code to streamline the process for revising and modifying the City's Emergency Plan. The City Attorney has reviewed and approved the Ordinance as Written. Later this fall, staff will present a revised .City Emergency Plan to the City Council. The plan will identify staff responsibilities and make required changes in terminology and procedures to be consistent with SEMS and the Orange County Operational Area Emergency Plan. All sections of the proposed City of Tustin Emergency Plan will be available for public and City Council review in the office of the Public Works Director/City Engineer. Staff training in City and SEMS procedures is ongoing with staff participating in a variety of workshops and State sponsored training courses. Staff last conducted a full-scale exercise in May 1999 to test the City's Draft Emergency Plan and staff response. Another exercise is planned for later this fall. Director of Public Works/City Engineer J Public Works Department ORDINANCE NO. 1235 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 52OO PURPOSE This Chapter is enacted pursuant to Government Code Section 8610. The 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 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 DIRECTOR OF EMERGENCY SERVICES AND EMERGENCY SERVICES COORDINATOR 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 position of Emergency Services Coordinator who shall be appointed by the Director. 5203 POWERS AND DUTIES OF THE DIRECTOR AND EMERGENCY SERVICES COORDINATOR A. The Director is hereby empowered to' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 Operational Area to proclaim a "Local 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 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 a 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, of 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 by 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5204 Bo Co of his duties; such persons shall be entitled to all · privileges, benefits, and immunities as are provided by State law for registered Disaster Service 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 and, by any agreement approved by the City Council. 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 his duties during an emergency. Such order of succession shall be approved by the City Council. The Emergency Services Coordinator shall, under the supervision of the Director 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. EMERGENCY ORGANIZATION The Director of Emergency Service may designate all officers 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 associated with the protection of life and property in this City during such emergency, and as such shall constitute the emergency organization of the City of Tustin. 5205 EMERGENCY PLAN The Director of Emergency Services shall be responsible for the development of the City of Tustin Emergency Plan, which shall provide for the effective mobilization of all of the public resources of the City, County, State and federal governments and private resources, to meet any condition constituting a Local Emergency, and shall provide for the organization, powers and duties, services, and staff of the Emergency organization. In accordance with California Code Regulations, Title 19, Sections 2920, 2925 & 2930, the plan shall be in compliance with the Standardized Emergency Management System (SEMS). Such plan shall take effect upon adoption by resolution by the City Council 1 5206 EXPENDITURES 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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. 5207 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: Ao Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. Bo Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of 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 agencies of the State. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of ,2001. Tracy Wills Worley, Mayor ATTEST' City Clerk