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HomeMy WebLinkAboutORD 1436 (2014)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. 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. Ordinance No. 1436 Page 1 of 6 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, 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. Ordinance No. 1436 Page 2 of 6 5204 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES a. The City Manager shall be the Director of Emergency Services. b. The Chief of Police shall be the Assistant Director of Emergency Services 5205 POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES a. The Director of Emergency Services is empowered to: 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. 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 Ordinance No. 1436 Page 3 of 6 iii. to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; iv. 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; v. To requisition necessary personnel or material of City departments or agencies; and vi. 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 Ordinance No. 1436 Page 4 of 6 e 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: 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 11. 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. Ordinance No. 1436 Page 5 of 6 Mayor i ATTEST: ROVED AS City Attorney FORM: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1436 1, JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1436 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 15 day of July, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 5"' day of August, 2014 by the following vote: COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT None (0) . C% y 2 City Ordinance No. 1436 Page 6 of 6