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Home My WebLink AboutItem 26 - Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 Finance and Management Services www.santa-ana.org/finance/ Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 16, 2024 TOPIC: Ordinance Amending Chapter 2 of the Municipal Code, Article IV, Division 15, Section 2-643-Second Reading AGENDA TITLE Adopt an Ordinance of the City Council of The City of Santa Ana Amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2-643 – Definitions (Second Reading) Legal notice was published in the OC Reporter on April 10, 2024. RECOMMENDED ACTION Conduct a second reading and adopt an Ordinance to expand the definition of an emergency in the Santa Ana Municipal Code. ORDINANCE NO. NS-3062 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2-643 - DEFINITIONS GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At its April 2, 2024 regular meeting, the City Council approved the first reading of Ordinance No. NS-3062 amending Chapter 2 of The City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 relating to emergency services Section 2-643 – Definitions, by unanimous vote. FISCAL IMPACT There is no direct fiscal impact associated with the recommendation. EXHIBIT(S) 1. Ordinance No. NS-3062 Ordinance Amending Chapter 2 of the Municipal Code, Article IV, Division 15, Section 2- 643 April 16, 2024 Page 2 4 1 9 3 Submitted By: Kathryn Downs, Executive Director of Finance and Management Services & Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, Acting City Manager Ordinance No. NS-XXX Page 1 of 4 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2-643 - DEFINITIONS WHEREAS, Chapter 2, Article IV, Division 15 of the Santa Ana Municipal Code (“SAMC”) establishes the emergency organization of the City of Santa Ana (“City”) and provides for emergency functions of the City in an emergency; and WHEREAS, Section 2-643 of the SAMC establishes the definitions of different types of emergencies the City may face; and WHEREAS, California Government Code § 8558 establishes the conditions or degrees of emergency; “state of war emergency,” “state of emergency,” and “local emergency” for the State of California; and WHEREAS, Section 2-643 of the SAMC does not currently specifically include cyberterrorism, deenergization event, or electromagnetic pulse attack in its definitions for “emergency or local emergency” or “state of emergency”; and WHEREAS, this ordinance shall amend Section 2-643 of the SAMC to specifically include “cyberterrorism,” deenergization event” and “electromagnetic pulse attack” in its definitions for “emergency or local emergency” to be consistent with state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Chapter 2 of the Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 (Emergency Services), Section 2-643 - Definitions is hereby amended to read as follows. Sec. 2-643. Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Exhibit 1 Ordinance No. NS-XXX Page 2 of 4 Director or director of emergency services means the individual having primary jurisdiction and authority over the city's response and recovery to emergencies and disasters and is authorized to act on behalf of the city. Emergency or 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 the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. Emergency services/emergency operations/emergency management, used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies or disasters caused by all hazards, whether natural, technological or human caused. 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, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which, 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, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. 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. Section 4. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result i n a direct or reasonably foreseeable indirect physical change in the environment, as there is Ordinance No. NS-XXX Page 3 of 4 no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 5. 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 of the City of Santa Ana 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 be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2024. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ Ordinance No. NS-XXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance N o. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ City Clerk City of Santa Ana