HomeMy WebLinkAbout50A - ORD - EMERGENCY SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2017
TITLE:
ORDINANCE AMENDING SANTA ANA
MUNICIPAL CODE CHAPTER 2,
ARTICLE IV, DIVISION 3
"EMERGENCY SERVICES"
(STRATEGIC PLAN GOAL 1, 2e)
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
_••c• s
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2"' Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve first reading of an ordinance amending Division 3 of Article IV of Chapter 2 of the Santa
Ana Municipal Code regarding Emergency Services, disaster preparedness and emergency
operations.
DISCUSSION
The Emergency Services Division (Division 3 of Article IV) was placed into the Municipal Code in
1973, with minor revisions in 1984 and 2015. The original version was developed from Cold
War, civil defense concepts and procedures that were current at the time.
In 1994, the State of California enacted the Standardized Emergency Management System
(SEMS), a statewide emergency management system, which broadened the focus to include
preparing for and responding to natural disasters.
In 2004, the Federal Government enacted the National Incident Management System (NIMS), a
nationwide emergency management system similar to SEMS, which further broadened the focus
to include preparing for and responding to acts of terrorism in the aftermath of September 11th.
SEMS and NIMS place requirements upon the City to incorporate certain required elements into
our emergency plans and procedures which are not articulated in the original version of this
Division. The City's eligibility to receive various state and federal emergency management and
homeland security grants, as well as state or federal reimbursement for disaster response costs,
is dependent on incorporating these requirements into our plans and governing structures.
The Northridge Earthquake, September 11th terrorist attacks, Hurricane Katrina, and other acts
of terrorism and natural disasters occurring around the country and world, have focused greater
public attention and raised the expectations of the public on the ability of the City and its
Emergency Services to competently and adequately manage any disasters or large -scale
emergencies that may occur.
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Emergency Services Ordinance
May 2, 2017
Page 2
Since the original Municipal Code Division was enacted, job titles and organizational structures
within City staff have also changed, including the merger of Santa Ana Fire Department with
Orange County Fire Authority and transfer of the emergency management responsibility to the
Santa Ana Police Department, creating a need to update the terminology and organizational
responsibilities of City government in managing emergencies. Therefore, a comprehensive
update to this Division will reflect the City's current organizational approach, authorities and
responsibilities in managing emergencies, consistent with current state and federal terminology,
laws and practices.
Specific improvements made in this revision include:
• Transferring the duties of coordinating emergency preparedness, response and recovery
from the former Santa Ana Fire Department to the Santa Ana Police Department.
• Aligning the Emergency Organization of the City (the persons, departments and groups
having emergency roles and responsibilities) with current job titles, City department
organizational structures, and lines of succession.
• Defining the duties of the recently- created Emergency Operations Coordinator, Emergency
Operations Committee, and Emergency Operations Advisory Board.
• Formally adopting the SEMS, NIMS and Operational Area emergency management systems
to ensure continued eligibility for emergency management grant programs and disaster
reimbursement programs.
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #2 (Broaden
communications, information sharing and community awareness of public safety activities),
Strategy B (Update the City's Emergency Operation Center (EOC) emergency preparedness plan
to include a community evacuation strategy to respond to natural disasters).
FISCAL IMPACT
It is an ' ipated that there will be no fiscal impact associated with this action.
Carlos Rojas
Chief of Police
Santa Ana Police Department
Exhibit: Emergency Services Ordinance
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(ROH 05/02/17)
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 TO UPDATE THE CITY'S EMERGENCY
SERVICES POLICIES AND PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Emergency Services Division (Division 3 of Article IV) was placed into
the Municipal Code in 1973, with minor revisions in 1984 and 2015. The
original version was developed from Cold War, civil defense concepts and
procedures current at the time.
B. In 1994, the State of California enacted the Standardized Emergency
Management System (SEMS), a statewide emergency management
system, which broadened the focus to include preparing for and responding
to natural disasters.
C. In 2004, the Federal Government enacted the National Incident
Management System (NIMS), a nationwide emergency management
system similar to SEMS, which further broadened the focus to include
preparing for and responding to acts of terrorism in the aftermath of
September 11th.
D. SEMS and NIMS place requirements upon the City to incorporate certain
required elements into our emergency plans and procedures which are not
articulated in the original version of this Division. The City's eligibility to
receive various state and federal emergency management and homeland
security grants, as well as state or federal reimbursement for disaster
response costs, is dependent on adhering to these requirements.
E. The Northridge Earthquake, September 11th terrorist attacks, Hurricane
Katrina, and other acts of terrorism and natural disasters occurring around
the country and world, have focused greater public attention and raised the
expectations of the public on the ability of the City and its Emergency
Services to competently and adequately manage any disasters or large -
scale emergencies that occur.
Overthis time period, job titles and organizational structures within City staff
have also changed, including the merger of Santa Ana Fire Department with
y 1
J
Orange County Fire Authority and transfer of the emergency management
responsibility to the Santa Ana Police Department, creating a need to
update the terminology and organizational responsibilities of City
government in managing emergencies.
G. Therefore, a comprehensive update to this Division will reflect the City's
current organizational approach, authorities and responsibilities in
managing emergencies, consistent with current state and federal
terminology, laws and practices.
H. The Request for Council Action for this ordinance dated May 2. 2017, shall
by this reference be incorporated herein, and together with this ordinance,
any amendments or supplements and the oral testimony before the City
Council at this meeting, shall additionally constitute the necessary findings
for this ordinance.
All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of Section 418 of
the City Charter. Any such restatement of existing provisions of the Code
is not intended, nor shall it be interpreted, as constituting a new action or
decision of the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. The adoption of this ordinance is not subject to the California
Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000
et seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California
Guidelines for Implementation of the California Environmental Quality Act (California
Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or
reasonably foreseeable physical change in the environment and is not a "project" as
defined in Section 15378 of the California Code of Regulations.
Section 3. Section 2 -400 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2 -400. Purposes.
-TEFFSPI : -- e e
MEMO
e e
The Durposes of this Division are to establish the Emergency Organization of the Cif
of Santa Ana; to provide for co tion ordina of the emergency functions of the City with all other
y 1 1 I
of persons and property in the event of a large scale emergency or disaster.
Section 4. Section 2 -401 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
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:
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Emergency or Local Emergency— Means the duly proclaimed existence of conditions
Commission.
Commission.
Emergency Services/Emergency Operations /Emergency Management — Used
interchangeably, means the preparation for and carrying out of all emergency functions
Director or Director of Emergency Services — Means the individual having primary
Section 5. Section 2 -402 of Chapter 2 of the Santa Ana Municipal Code is hereby
added to read as follows:
Sec. 2 -402. Emergency Organization.
A. City Organization
'WAR AR
All officers and employees of the City, together with those volunteer forces enrolled
to aid them in an emergency, and all groups, organizations and persons who may by
agreement or operation of law, including persons pressed into service under the provisions
of this title, charged with duties incident to the protection of persons and property in this City
during such emergency, shall constitute the Emergency Organization of the City of Santa
Ana.
B. Disaster Service Workers
Pursuant to California Government Code Sections 3100 to 3109, all public
employees are declared to be Disaster Service Workers under law, and are subject to such
disaster service activities as may be assigned by their superiors or by law, which may
include assisting any unit of the Emergency Organization or performing any act contributing
to the protection of life or property or mitigating the effects of an emergency or disaster.
Private persons who register as emergency volunteers of the City are also deemed Disaster
Service Workers of the City. The Santa Ana Police Department and Santa Ana Personnel
Department shall develop policies and procedures for the registration, training and
standards for employee and volunteer Disaster Service Workers.
C. Director of Emergency Services
Director, Deputy Director and Line of Succession
There is hereby created the position of Director of Emergency Services, who shall
have full authority over the operations and resources of the City during a proclaimed
emergency, and this position shall be filled by the City Manager. There is also created the
position of Deputy Director of Emergency Services, which shall be filled by the Chief of
Police.
In the absence or the inability to act of the City Manager, he /she shall automatically
be succeeded as Director of Emergency Services by the following officials in the order
named:
1. Deputy Director of Emergency Services /Chief of Police
2. Deputy City Manager
3. Director of Public Works
4. Director of Finance and Management Services
5. Director of Planning and Building
Additionally, the City Manager may designate a specific official to act as Director of
Emergency Services based upon the circumstances of a specific emergency event. An
official designated as Director may appoint a subordinate with command or management
authority to act as Director to accommodate schedule conflicts, shift relief or other required
absence.
2. Director of Emergency Services — Powers and Duties
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The Director of Emergency Services is empowered to:
In accordance with the provisions of Section 2 -404A of this Division, 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,
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. (The County of Orange is also empowered to make this request
on behalf of the county as a whole, and commonly does so),
3. Control and direct the efforts of the Emergency Organization of the City for
the accomplishment of the purposes of this Division,
4. Direct cooperation between, and coordination of, the services and staff of the
Emergency Organization of the City, and to resolve questions of authority and
responsibility that may arise among them,
5. In the event of the proclamation of a Local Emergency as provided herein, or
the proclamation of a State of Emergency by the Governor or the Director of
the Governor's Office of Emergency Services, or the existence of a State of
War Emergency, the Director is hereby empowered to:
a. Make and issue rules, regulations, orders or directives on matters
reasonably necessary to the protection of life and property as affected
by such emergency; or to suspend rules, regulations, orders or
directives; provided such rules and regulations or suspensions are
confirmed by the City Council at the earliest practicable time,
b. Requisition necessary personnel or material of any City department or
agency,
c. Obtain vital supplies, equipment or other such properties found lacking
and needed for the protection of life and property and to obligate the
City for the fair value thereof and, if required immediately, to
commandeer the same for public use,
Require emergency service of any City officer or employee, and to
command the aid of the citizens of this community,
e. Execute all of the ordinary powers and duties as City Manager, all
special powers and duties conferred upon the City Manager by this
Division and by the Emergency Operations Plan adopted pursuant
hereto, all powers and duties conferred upon him /her by any statute,
agreement or other lawful authority, and in conformity with Section
y It m •
38791 of the California Government Code, to exercise complete
authority over the City and to exercise all police powers vested in the
City by the Constitution and general laws.
3. Deputy Director of Emergency Services — Powers and Duties
The Deputy Director of Emergency Services /Chief of Police is empowered, under the
supervision of the Director, to:
Represent the City in all dealings with public and private agencies on matters
pertaining to any emergency as defined by this Division,
2. Develop the emergency plans and manage the emergency programs of this
City,
3. Appoint and oversee an Emergency Operations Coordinator in accordance
with, and to further execute, the provisions of this Division,
4. Carry out any other powers or duties as may be assigned by the Director.
D. City Council — Powers and Duties
The Santa Ana City Council is empowered to:
Enact such ordinances, resolutions or rules as may be necessary to prevent,
prepare for, mitigate, respond to or recover from actual or foreseeable
emergencies or disasters,
2. In accordance with the provisions of Section 2 -404A of this Division, proclaim
the existence or threatened existence of a Local Emergency, if in session; or
to ratify such proclamation made by the Director if not in session,
3. During a Local Emergency, pursuant to Section 415 of Article IV of the
Municipal Code, City Council may enact emergency ordinances on matters
reasonably necessary to the protection of life and property as affected by such
emergency. City Council may review rules, regulations, orders or directives
or suspensions thereof issued by the Director pursuant to Sub - Section C -2 of
this Section.
E. Emergency Operations Coordinator
There is created the position of Emergency Operations Coordinator, which shall
reside in the Santa Ana Police Department under the supervision of the Deputy Director of
Emergency Services /Chief of Police or his /her designee. The Emergency Operations
Coordinator shall:
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1. Coordinate all City activities related to emergency preparedness, prevention,
mitigation, response and recovery;
Facilitate emergency and disaster planning for the City, encompassing
governmental entities and resources, commercial and industrial resources,
and private or non - governmental organizations necessary to support disaster
operations;
Prepare and maintain the Emergency Operations Plan for the City, and
facilitate with City Departments the preparation and maintenance of Standard
Operating Procedures and guidelines necessary to support disaster
operations;
4. Prepare and maintain City supplies and facilities that support disaster
operations;
5. Develop and coordinate emergency training and exercise programs as may
be required for City staff, and an emergency preparedness community
education program;
6. Coordinate emergency planning and interagency coordination with other
local, state and federal agencies and with private or other disaster relief
organizations; and serve as the City's representative member of regional
emergency planning and interagency coordination committees and planning
groups;
7. Recommend to the Director of Emergency Services for referral to the City
Council matters of policy related to disaster planning or preparedness;
8. Recommend to the Director of Emergency Services for referral to the
Emergency Operations Advisory Board matters for consideration within the
purview of their responsibilities.
F. Emergency Operations Advisory Board
1. Emergency Operations Advisory Board Members
The City of Santa Ana Emergency Operations Advisory Board shall be composed of:
Director of Emergency Services /City Manager, who shall be Chair,
Deputy Director of Emergency Services /Chief of Police, who shall be Vice
Chair,
3. Executive Managers named in the Director of Emergency Services line of
succession in Section C.4:
50A -10
a. Deputy City Manager,
b. Director of Public Works,
C. Director of Finance and Management,
d. Director of Planning and Building,
4. Orange County Fire Authority Division 6 Chief,
5. City Attorney, who shall serve as legal advisor to the Emergency Operations
Advisory Board,
6. City Clerk, who shall serve as Secretary to the Emergency Operations
Advisory Board,
Any other Department Directors or Staff requested by the Director of
Emergency Services, and
Emergency Operations Coordinator, to serve as staff to the Emergency
Operations Advisory Board.
2. Emergency Operations Advisory Board -- Powers and Duties
It shall be the responsibility of the Santa Ana Emergency Operations Advisory Board,
and it is empowered to, review and recommend for adoption by the City Council emergency
plans, policies and agreements, and such ordinances, resolutions, rules and regulations as
may be necessary to implement such plans and agreements; to oversee the planning and
preparedness activities of all City Departments; to oversee the training of all City staff and
employees; and to oversee the training and activities of volunteer programs of the City
related to disaster roles and functions. The Emergency Operations Advisory Board as a
body serves in a pre - disaster planning and preparedness role and as such body may not
have a direct role in disaster response or recovery activities.
3. Emergency Operations Advisory Board Meetings
The Emergency Operations Advisory Board shall meet quarterly; and additionally as
necessary upon the call of the Chair, or in his /her absence from the City or inability, upon
call of the Vice- Chair.
G. Emergency Operations Committee
The Emergency Operations Committee is created as a standing and working sub-
committee to the Santa Ana Emergency Operations Advisory Board. The Emergency
Operations Committee is composed of the Emergency Operations Coordinator, who shall
be Chair, and managers or management staff from each City Department appointed by the
Department Director and who shall be able to speak on behalf of their Department. The
Emergency Operations Committee will provide operational direction for implementation of
50A -11
programs and activities established by the Emergency Operations Advisory Board, develop
and maintain City emergency plans and procedures, coordinate training and exercise
programs for each City Department and for the City as a whole, and shall constitute a core
of Emergency Operations Center staff. The Emergency Operations Committee shall meet
monthly and additionally at the direction of the Emergency Operations Advisory Board or
upon call of the Emergency Operations Coordinator.
H. Adoption of Collaborative Systems and Standards
The City of Santa Ana recognizes that a large -scale emergency or disaster may have
the potential to overwhelm the commonly available resources and capabilities of the City
and may require the combined response of numerous agencies, jurisdictions and levels of
government. Therefore, the City participates in the Orange County Operational Area
response and recovery organization as provided by California Emergency Services Act
Section 8505 and is a signatory to the Orange County Operational Area Agreement. The
City adopts the California Standardized Emergency Management System (SEMS) and the
federal National Incident Management System (NIMS) as a basis for emergency plans and
response. The framework of these systems includes use of the Incident Command System
(ICS), multi- agency and interagency coordination, participation in the Master Mutual Aid
Agreement and Systems of the State of California, and the Operational Area concept. The
City of Santa Ana will comply with the provisions of the California Emergency Services Act,
Section 5. Section 2 -403 of Chapter 2 of the Santa Ana Municipal Code is hereby
added to read as follows:
Sec. 2 -403. Emergency Operations Plan.
The Emergency Operations Committee shall be responsible for the development and
maintenance of the City of Santa Ana Emergency Operations Plan (EOP) and related
annexes or manuals. The EOP shall provide for the effective mobilization of all the
resources of the City, both public and private, to meet any condition constituting a local
emergency, and shall provide forthe organization, duties and functions, and procedures and
capabilities of the City's response to the emergency. Each City Department will supplement
the EOP with those Standard Operating Procedures necessary to fulfill their role in an
emergency under the EOP.
The EOP shall comply with the principles of the Orange County Operational Area
Agreement, the California Standardized Emergency Management System (SEMS) and the
federal National Incident Management System (NIMS).
The Emergency Operations Advisory Board shall be responsible to review and
recommend adoption of the EOP to City Council, and to implement the requirements of the
Plan once adopted. City Council shall review and adopt the Plan by resolution as a policy
of the City. Once adopted, the Plan shall be mandatory upon City departments and
agencies, employees and registered volunteer emergency workers and shall have the effect
of law whenever an emergency has been proclaimed as provided in this Division.
to
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Section 7. Section 2-404 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2-404. PIreGtGr—of- ernerjenG"ePJGes P-9 . d--"k"&RaFa4y
Emergency Proclamations and Measures,
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50A -13
A. Proclamations of Local Emergency
or extreme peril existing or imminently likely, so as to threaten lives anO proper[y, and by
reason of its magnitude is or is likely to be bevond the control of the available services
personnel. equipment and facilities of the City.
B. Initial Emergenc}i Measures
Council not to issue such proclamation shall be deemed conclusively to be for the direct
immune from anv form of liability for all emergency measures taken pursuant to an official
12
50A -14
C. Emergency Expenditures
Any expenditure made in connection with emergency activities under this Division,
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 Santa Ana.
The Directorof Emergency Services during a proclaimed emergency, shall have the
authority hority to approve contracts and waive normal purchasing requirements as necessary to
purchases for any supplies, materials equipment or services when any such item is
the people, provided there is a present, immediate and existing emergency,
to the City Manager, who in turn shall provide the report to the City Council.
Section 8. Section 2 -405 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2- 405. -Sawns — ergeR y- pewer-s-Continuit of Government.
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50A -15
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services during times of emergencies:
A. City Council
of the City Charter.
B. Executive Manaaement Lines of succession
under the applicable provisions of the Citv Charter or Municipal Code.
Section 9. Section 2 -406 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2 -406, Q:Rerger4Gy-flan- Enforcement.
14
50A -16
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a. Willfully obstruct, hinder or delay any member of the emergency organization
this City, or to prevent, hinder or delav the defense or protection thereof,
C. Wear, carry or display, without authority, any means of identification specified
by the Office of EmeeE envy Services of the State of California or by the Cif
of Santa Ana.
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50A -17
Section 10. Section 2 -407 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
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Section 11. Section 2 -408 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Sec. 2 -408. V+siatiet�s-Reserved.
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Section 12. 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.
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50A -18
ADOPTED this day of 2017
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia ry Iho, City Attorney
By.
Ryan . Had , Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX 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:
Clerk of the Council
City of Santa Ana
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