HomeMy WebLinkAboutOrdinance 619 Emergency Services OrganizationORDINANCE N0.619
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RENAMING CHAPTER 8.08 OF TITLE 8 OF THE MORRO BAY MUNICIPAL CODE AS
"EMERGENCY SERVICES ORGANIZATION," AND AMENDING CHAPTER 8.08, TO
PROVIDE CONSISTENCY WITH A REVISED CITY OF MORRO BAY EMERGENCY
MANAGEMENT PLAN
TIIE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the preservation of life and property is an inherent responsibility of local, state and
federal governments; and
WHEREAS, no plan can prevent death and destruction, but good plans carried out by
knowledgeable and well -trained personnel can and will minimize losses; and
WHEREAS, the City of Morro Bay previously adopted aMulti-Hazard Emergency Response
Plan (MERP) to address and plan for emergencies; and
WHEREAS, the City wants to assure the MERP reflects the City's use of the Federal National
Incident Management System and State Standardized Emergency Management System as adopted by
Resolution 3 1 -06 on July 10, 2006; and
WHEREAS, the City desires to correct errors in the original plan and provide accurate updated
data for compliance with state mandates, federal mandates, and San Luis Obispo County Emergency
Management Plan to the City of Morro Bay Emergency Management Plan; and
WHEREAS, the City of Morro Bay adopted by resolution on January 8, 2019 an Emergency
Management Plan (EMP) to replace the MERP, so as to ensure the most effective and economical
allocation of resources for the maximum benefit and protection of the civilian population in time of
emergency, and
WHEREAS, Part 1 of the Emergency Management Plan establishes the emergency
organization, assigns tasks, specifies policies and general procedures, establishes emergency lines of
Council member succession and provides for coordination for planning efforts of the various emergency
staff and service elements, and
WHEREAS, the City of Morro Bay Emergency Management Plan establishes City policy and
objectives for emergency management and response; and
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Ordinance No. 619
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WHEREAS, the City of Morro Bay by ordinance in 1980 and as amended in 1987 and 1990)
added Chapter 8.08 ("Civil Defense and Emergency Services") to Title 8 ("Health and Safety") of the
Morro Bay Municipal Code; and
WHEREAS, the new Evil- adopted by the City on January 8, 2019 requires substantive
revisions to existing Chapter 8.08 ("Civil Defense and Emergency Services") of the Morro Bay
Municipal Code to provide for consistency and best practices, and as such the City Council desires to
rename Chapter 8.08 as "Emergency Services Organization" and to amend that chapter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. CHAPTER 8.08 ("CIVIL DEFENSE AND EMERGENCY SERVICES") OF
TITLE 8 ("HEALTH AND SAFETY") OF THE MORRO BAY MUNICIPAL CODE IS
HEREBY RENAMED "EMERGENCY SERVICES ORGANIZATION" AND AMENDED TO
READ AS FOLLOWS (WITH NEW TEXT IN BOLD ITALICS AND DELETED TEXT IN
).
"Chapter 8.08 -EMERGENCY SERVICES ORGANIZATION
Sections:
8.08.010 -Purposes.
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 in the event of an emergency; the direction of the
emergency organization; and the coordination of the emergency functions of this city with all other
public agencies, corporations, organizations, and affected private persons.
8.08.020 -Emergency defined.
As used in this chapter, "emergency" means the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property within the city caused by such
conditions as accidents (transportationindustrial), civil disturbances, earthquakes, epidemics, fire,
flood, nuclear incident, oil spill, pipeline incident, pollution (air —water), riot, storms, tsunami (tidal
wave), and hazardous materials spill or other conditions, including conditions resulting from war or
imminent threat of war or terrorism, which conditions are, or are likely to be, beyond the control of the
services, personnel, equipment, and facilities of the city requiring the combined forces of other
political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe
energy shortage which requires extraordinary measures beyond the authority vested in the California
Public Utilities Commission.
8.08.030 -Disaster council -Membership.
The Morro Bay disaster council is created and shall consist of the following:
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A. The City Manager is the Director of Emergency Services, who is the chairperson;
B. One member of the city council;
C. The Deputy Director of Emergency Services, the Fire Chief, who will be the vice -
chairperson;
D. City Staff as provided for in the current emergency plan of the city adopted pursuant to the
provisions of this chapter;
E. Other representatives may include civic, business, labor, veteran, 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.
-
::: :.
8.08.040 -Disaster council -Powers and duties.
It shall be the duty of the Morro Bay disaster council and it is empowered to develop, and
recommend the adoption by the city council of, emergency 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 chairperson ehakm or, in his/her absence
from the city or inability to call such a meeting, upon call of the acting chairperson eivil derv„^^
d}reeter.
8.08.050 -Director of Emergency Services, and Deputy Director of Emergency Services. r'"vi' de*'ens^
di-Y'cEt9rza-iQcrC-I'�''ii-ccC�@irsc-zeoi-'a'm"-"utv'• nf'�;,..� .. .,+. l
A. There is created the office of Director of Emergency Services ^"vi' defense a;,.o^*^r. The City
Manager c�adn�in�er shall be the Director of Emergency Services ^"�' '^� r�o
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ojjice /
.. or emefgeney -
C. There is created the office of acting Director of Emergency Services ^�•1 aU MM a rrvurvv^*^r, who
shall be appointed by the Director of Emergency Services eivil defense difeete to serve in
his/her absence.
8.08.060 -Powers and duties of the Director of Emergency Services ^�_ a^r^��^ N^^+^r, and
Deputy Director of Emergency Service Hxvifl Aefefl"^ eoordin^+^N.
A. Director. The director 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 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 chapter;
4. Direct cooperation between the 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 in this chapter;
6. In the event of the proclamation of a "local emergency" as provided in this section, 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 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 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;
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 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
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community as he/she deems necessary in the execution of his/her 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;
e. To execute all of his/her ordinary power as City Manager ^�+<. ,,,a...,:r;�+,.,,+,,,., all of the
special powers conferred upon him/her by this chapter or by resolution or emergency plan
pursuant hereto adopted by the city council, and all powers conferred upon him/her by any
statute, by any agreement approved by the city council, and by any other lawful authority;
and
f. In addition to tlae powers granted herein, the Director of Emergency Services shall have
such powers incidental to the performance of duties as said director as shall be
necessary to allow the director to carry out the emergency operations plan of the city.
B. Order of Succession to Office. The City Manager c�<�' a^� r^^ a:,.o^+^r 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/her duties during an emergency.
C. Deputy Director of Emergency Services r;<�' r'^� r�o �'^^,.a",,,+^r. The Deputy Director of
Emergency Services eivi defense ^^^rdinater shall assist the Director of Emergency Services
eivil defense dam in all respects, particularly in coordinating the activities of city staff
members and volunteer members of the emergency organization. The Deputy Director of
Emergency Services eivil defense eaefd natof shall, under supervision of the Director of
Emergency Services eivi defense dir-ee+^r and with the assistance of department heads, 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 of Emergency Services eivi defense.
direeter.
8.08.070 -Emergency organization.
and all groups, organizations, and persons who may by agreement or operation of
law, including persons appealed to for i esse i service pursuant to tmder- the provisions of
Section 8.08.060, be charged with duties incident to the protection of life, environment and property in
the city during such emergency, shall constitute the emergency organization of the city.
8.08.080 -Emergency plan.
The Deputy Director of Emergency Services, at the direction of the Director of Emergency
Services, ��^^^+or ^^N^�' shall be responsible for the development and continual updating of the city of
Morro Bay emergency operations plan. The Leh plan 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 or terrorism emergency; and shall provide for the
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organization, powers and duties, services, and staff of the emergency organization. Such plan shall take
effect upon adoption by resolution of the City Council.
8.08.081 -Standardized Emergency Management System (BEMs) and Nationallncident
Management System (NIMS).
The City shall use SEMS and NIMS for coordinating all local emergencies. The basic
framework of SEMSINIMS incorporates the use of the incident command system, multi -agency or
interagency coordination, the State's master mutual aid agreement, the operational area concept, and
the operational area satellite information system.
8.08.082 -City Council -Powers and duties.
The City Council is empowered by this chapter to:
A. Proclaim the existence or threatened existence of a local emergency.
B. Ratify the existence of a local emergency within seven days of a declaration of local
emergency made by the Director of Emergency Services while the city council was not in
session.
C. Review the need for a continuing emergency declaration at regularly scheduled meetings at
least every twenty-one (21) days until the emergency is terminated.
D. Issue a declaration terminating the local emergency once the situation resulting from the
emergency conditions is within the control of the normal protective services, personnel,
equipment, and facilities of the city.
8.08.090 -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.
8.08.100 - Violation —Penalty.
It is a misdemeanor, punishable as set forth in Title 1 of this code, 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/her by virtue of this chapter;
B. Do any act forbidden by any lawful rule or regulation 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 to imperil the lives or
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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 2. SEVERABILITYa If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 4. CERTIFICATION. The City Clerk shall certify to the adoption of this
ordinance, and shall cause the same to be posted and codified in the manner required by law.
INTRODUCED at a regular meeting of the City Council held on the 8�' day of January 2019, by
motion of Council Member Davis and seconded by Council Member Addis.
PASSED AND ADOPTED on the 22nd day of January, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
i
Headdng, Addis, Davis, Heller, McPherson
None
None
ANA S ANSON, City Clerk
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