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HomeMy WebLinkAboutNS-1159ORDINANCE NS-1159 AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING DIVISION 3, ARTICLE IV, OF CHAPTER 2 THEREOF RELATING TO EMERGENCY ORGANIZATION & FUNCTIONS WHEREAS, in order to bring the Emergency Services provisions of the City of Santa Ana up to existing external law, it is necessary that said provisions be amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by amending Division 3, Article IV, of Chapter 2 thereof to read in words and figures, as follows: DIVISION 3. EMERGENCY SERVICES Sec. 2-400. Purposes. The declared purposes of this division are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency, and to provide for the coordination of the emergency functions of the city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such 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. Sec. 2-401. 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: EMERGENCY SERVICES: The organized preparation for and carrying out of all emergency functions for which the City of Santa Ana 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. EMERGENCY: Included within the term "emergency" are the three degrees of emergency enumerated in the California Emer- gency Services Act, Sect. 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 pollu- tion, fire, flood, storm, epidemic, riot, or earth- quake or other conditions, other than conditions -1- resulting from a labor controversy or conditions causing a "state of war emergency," which condi- tions, 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. (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 condi- tions, 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. Sec. 2-402. Disaster Council - Membership. The Santa Ana Disaster Council is hereby created and shall consist of the following: (1) The mayor, who shall be chairman; (2) The city manager, who shall be vice chairman; (3) The city attorney or his representative; (4) The department heads who have specific emergency plan- ning functions: Director of Public Works, Director of Finance, Fire Chief, Police Chief, and Director of Building Safety and Housing, and such other department heads as may be appointed by the city manager. (5) Such representatives of civic, business, labor, veteran and professional organizations as may be appointed by the mayor with the advice and consent of the city council, but not to exceed five (5) in number. Sec. 2-403. Same - Powers and duties. It shall be the duty of the Disaster Council and it is hereby empowered to review 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 chairman or, in his absence from the city or inability to call such meeting, upon the call of the vice chairman. Sec. 2-404. Director of Emergency Services - Powers and Duties Generally. The city manager shall be the Director of Emergency Services. The assistant city manager shall be the deputy director, who shall act for the director in his absence. The director is empowered to: (1) Request the city council to proclaim the existence or threatened existence of a local emergency and the termination thereof if the city council is in session; or, if the city council is not in session, to issue such proclamation subject to confirmation by the city council at the earliest practicable time. -2- (2) Request the governor to proclaim a "state of emergency" when in the opinion of the director the resources immediately available to the City of Santa Ana are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organi- zation of the city for the accomplishment of the purposes of this division. (4) Direct coordination and co-operation between division services and staff of the emergency organization of the city and to resolve questions of authority and responsibility that may arise between them. (5) Represent the Emergency Services organization of the city in all dealings with public or private agencies pertaining to emergencies. (6) Appoint a Coordinator of Emergency Services who, under the supervision of the director, shall be in charge of the Office of Emergency Services. He shall be responsible for: a. Emergency planning, research and training b. Daily emergency coordination and assistance to all staff agencies and citizens c. Emergency operational readiness of all city activities d. Such other related duties as appropriate to the office (7) Prepare and maintain, on a current basis, an emergency plan to be known as the "Emergency Plan of the City of Santa Ana, California." This plan, referred to in the remainder of this Division as "the plan," shall be effective upon filing of the plan with, and acceptance by resolution of the city council. (8) Implement the plan in whole or in part at such times he deems necessary. (9) Designate in the Emergency Plan the order of succession to this and all other key city positions to take effect in the absence of or inability of the prin- cipal to perform his duties during an emergency. Sec. 2-405. Emergency Powers. In the event of the proclamation of a local emergency as herein provided, or the proclamation of a "state of emergency" by the governor or any person who may lawfully issue such proclamation, or the existence of a "state of war emergency," the director is empowered to: (1) Make and issue rules and regulations on matters reason- ably 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. (2) Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use. -3- (3) Require emergency services of any city officer or employee, and, if city forces are deemed inadequate, require aid of as many citizens of this community as are deemed necessary in the execution of these duties; such per- sons shall be entitled to all privilegs, benefits, and immunities as are provided by state law for regis- tered worker volunteers. (4) Requisition necessary personnel or material of any city department or agency. (5) Execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this division or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agree- ment approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the city and to exercise all police power vested in the ~ity by the Constitution and general laws. Sec. 2-406. Emergency Plan. (1) The Emergency plan approved by the city council shall provide for the effective mobilization of all city re- sources, both public and private, as necessary to carry out the purposes of this part. It shall be consistent with the State of California and national emergency plans. (2) Assignment of emergency duties and functions shall be set forth in the plan for all city agencies and em- ployees. (3) Amendments to the plan shall be placed on file with the city council by the director. Such amendments shall be effective upon filing and acceptance of the amend- ments by resolution of the city council. (4) assigning emergency duties and functions to city agencies and personnel, the director shall place such responsibilities in order to utilize to best advantage the inherent competencies already existing in the governmental structure. When the requisite competency for a function is not available within the city govern- ment, the director is authorized to seek assistance on a volunteer basis from persons outside of govern- ment. The assignment of duties, when of a supervisory nature, shall also grant authority for the person so assigned to carry out such duties prior to, during, and after the occurrence of an emergency. (5) The provisions of the plan, as filed with the city council, shall be mandatory upon the agencies of city govern- ment, its employees, and registered volunteer emergency workers, who shall diligently apply their efforts toward the development of the most effective emergency program within their means. The plan shall be con- sidered supplementary to this Division and have the effect of law whenever an emergency, as provided in this Division, has been proclaimed. (6) Each service chief shall formulate the operation plan for his service which, after approval by the Emergency Council, shall become an annex to the plan. -4- Sec. 2-407. Emer~enc~ Services Organization - Composition. Ail officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement of operation of law, including persons pressed into service under the provisions of this Division, charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency service organization of the city. Sec. 2-408. Violations. No person shall, during an emergency, (1) Wilfully obstruct, hinder, or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this Division, or in the performance of any duty imposed upon him by virtue of this Division. (2) Do any act forbidden by any lawful rule or regulation issued pursuant to this Division, 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 property of inhabitants of the city, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services of the State of California or of the City of Santa Ana. SECTION 2: If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the l~h day of 1973. MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) I, FLORENCE I. MALONE. do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 12th day of March , 1973 and was again considered by said Council at its meeting held on the l~.h day of ~.h , 1973, and was at said ~eeting passed and adopted by the following vote, to wit; AYES, NOES, COUNCILMEN: Herrin, Patterson~ Villa, Evans, Griset, Yamamot o, Markel COUNCILMEN: None ABSENT, COUNCILMEN: ~one CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATT0~---~f