HomeMy WebLinkAbout11 DISASTER EMERG. SVC 09-17-01AGENDA REPORT
NO. 11
09-17-01
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2001 220-05 [~:""~!:(~],~~
MEETINGDATE: SEPTEMBER17,
TO'
WILLIAM A. HUSTON, CITY MANAGER
FROM:
OFFICE OF THE CITY CLERK
SUBJECT:'
ORDINANCE NO. 1235- AMENDING 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.
RECOMMENDATION
Have second reading by title only and adoption of Ordinance No. 1235 amending City
Code Section 5200.
BACKGROUND
The following Ordinance No. 1235 had first reading by title, only and introdUction at the
September 4, 2001 City Council'
ORDINANCE NO. 1235- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, PROVIDING FOR THE PREPARATION AND
IMPLEMENTATION OF EMERGENCY ORGANIZATION AND FUNCTIONS
Bev
Chief Deputy Cit lerk
b.cm. Ordinance No. 1235
I ORDINANCE NO. 1235
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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
5203
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There is
Services.
Services.
hereby created the office of Director of Emergency
The City Manager shall be the Director of Emergency
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There is hereby created the position of Emergency
Coordinator who shall be appointed by the Director.
Services
POWERS AND DUTIES OF
SERVICES COORDINATOR
THE DIRECTOR AND
EMERGENCY
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The Director is hereby empowered to:
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(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
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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.
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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.
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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.
5204 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
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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'
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 ordinance, or in the performance of any duty
imposed upon him by virtue of this ordinance.
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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.
:l'racy Wills Wo~:l'ey, Mayor
ATTEST:
Clerk