Loading...
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 01181.0001/526843.1 Ordinance No. 619 Page 1 of 7 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: 01181.0001/526843.1 Ordinance No. 619 Page 2 of 7 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 01181.0001/526843.1 Ordinance No. 619 Page 3 of 7 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 01181.0001/526843.1 Ordinance No. 619 Page 4 of 7 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 CII[F:3�IZII17J671�:fi$IC�I Ordinance No. 619 Page 5 of 7 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 01181.0001/526843.1 Ordinance No. 619 Page 6 of 7 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 01181.0001 /526843.1 Ordinance No. 619 Page 7 of 7