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HomeMy WebLinkAbout995ORDINANCE NO. 995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 2 OF THE UKIAH CITY CODE REGARDING EMERGENCY SERVICES The City Council of the City of Ukiah does Ordain as follows: Section 1. Chapter 2 of the Ukiah City Code shall read as follows: CHAPTER2-EMERGENCY SERVICES ARTICLE 1 - PURPOSES AND DEFINITION Section 5100 - 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 this City in the event of an emergency; the establishment, coordination, and direction of the City emergency organization, the Disaster Council; and the Office of Emergency Services; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons. Section 5101 - Definitions: The following terms as used in this Chapter shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: A. "Council" means the City Council. B. "Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but 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 this City, requiring the combined forces of other political subdivisions to combat. Included within the term "emergency" are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 of the Government Code including "state of war emergency," "state of emergency", and "local emergency." Pursuant to Government Code Section 8558, the following terms shall have the following meaning: 1. "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. Ordinance No. 995 Page 1 of 11 2. "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 environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot, or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency" which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat. 3. "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 environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other conditions, 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. C. "Emergency Operations Center (EOC)" means a location from which centralized emergency management can be performed. D. "Emergency Response Agency" means any organization responding to an emergency, whether in the field, at the scene of an incident, or to an EOC, in response to an emergency, or providing mutual aid support to such an organization. E. "Emergency Response Personnel" means personnel involved with an agency's response to an emergency. F. "Emergency Services" means all activities carried out pursuant to the California Emergency Services Act. G. "Expenditures" means any expenditures made in connection with emergency activities, including mutual aid activities, and shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. H. "Incident~' means an occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources. I. "Lead Agency" means the agency designated to act as the primary coordinator and facilitator of emergency services during an emergency within the operational area. J. "Mutual Aid Region" means a geographical area defined by the State of California in accordance with the State Emergency Services Act (the City of Ukiah is within the Coastal Region OES and Region 2 of Law Enforcement and Fire). K. "Operational Area" means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Each Ordinance No. 995 Page 2 of 11 county geographic area has been designated by the state as an operational area. An operational area is used by the county and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state's emergency operation centers and the operations centers of the political subdivisions comprising the operational area, as defined in Government Code Sections 8559(b) & 8605. This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system. The Mendocino Emergency Services Authority, a Joint Powers Authority comprised of the County of Mendocino and the incorporated cities within the County, shall serve as the lead agency of the operational area unless another member agency of the operational area or another Joint Powers Authority assumes that responsibility by written agreement with county government. The City of Ukiah is a member of the Mendocino County Operational Area and participates in its functions. ARTICLE 2 - CITY EMERGENCY ORGANIZATION Section 5110 - City Emergency Organization All officers and employees of the City, together with those volunteer forces registered to aid them during a duly proclaimed emergency, and all groups, organizations, and persons, including persons impressed into service under the provisions of this chapter, who by agreement or operation of law, may be charged with duties incident to the protection of life and property in the City of Ukiah during such emergency, shall constitute the City of Ukiah Emergency Organization. The City Emergency Organization also includes the American Red Cross, members of recognized community disaster relief and response organizations (e.g. NEST), Radio Amateur Civil Emergency Services (RACES), and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency. All employees of the City are designated as Disaster Service Workers pursuant to California Government Code 3100. The City Emergency Organization shall organize its response using the California Standardized Emergency Management System (SEMS). Section 5111 - Standardized Emergency Management System (SEMS) The Standardized Emergency Management System (SEMS) is the adopted emergency management system in the County of Mendocino and the City of Ukiah. The Standardized Emergency Management System (SEMS) utilizes the Incident Command System (ICS), Multi/interagency coordination, Mutual Aid, and the Operational Area concept to facilitate priority setting, interagency cooperation, and the efficient flow of resources and information during an emergency. Section 5112 - City Mutual Aid Coordinators The following are named for the purpose of coordinating emergency mutual aid requests made through established state procedures: Ordinance No. 995 Page 3of 11 D. E. F. G. Building Inspector Mutual Aid - Planning Director or her/his designee Emergency Management Mutual Aid - City Emergency Services Coordinator or her/his designee. Fire & Rescue Mutual Aid - Public Safety Director or her/his designee. Law Enforcement Mutual Aid - Public Safety Director or her/his designee. Medical ExaminedCoroner Mutual Aid -Public Safety Director or her/his designee. Medical/Health Mutual Aid - County Public Health Officer or her/his designee. Public Works Mutual Aid - City Engineer/Public Works Director or her/his designee. Section 5113 - Disaster Council created The City of Ukiah Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall serve as the Disaster Council Chair; B. A second member of the Council, who shall be first vice-chair; Fo G. H. I. J. The City Manager, who shall be the second vice-chair; The Assistant City Manager; Such representatives of federal, state, and local civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the City Council; The Director of Public Safety or her/his designee for Police operations; The Director of Public Safety or her/his designee for Fire operations; Such department heads as may be appointed by the City Council; The City Attorney (who shall serve without vote); The City Emergency Services Coordinator shall serve as staff to the Disaster Council. Section 5114 - Disaster Council - Powers and Duties: It shall be the duty of the City Disaster Council, and it is hereby empowered, to develop 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 chair or, if he is Ordinance No. 995 Page4of 11 unavailable or unable to call such meeting, the first vice-chair and then the City Manager or her/his designee may call a meeting. The Disaster Council shall meet a minimum of twice a year at a time and place designated by the Chair. The City Disaster Council shall call and conduct its meetings in accordance with rules, not inconsistent with this Chapter, as the Council shall adopt by majority vote. Section 5115 - Volunteers Volunteers who perform service in the City Emergency Organization in accordance with the provisions of this ordinance shall so serve without compensation. Volunteers shall be registered with the City Office of Emergency Services as Disaster Service Workers in order to be eligible for Worker's Compensation benefits, as provided in Part 1, of Division 4, of the California Labor Code, commencing with Section 3201. ARTICLE 3 - OFFICE OF EMERGENCY SERVICES Section 5120 - Office of Emergency Services created - officers and staff: There is hereby created within the City of Ukiah the City of Ukiah Office of Emergency Services (OES). The OES is part of the City Manager's Office headed by the "Director of Emergency Services". Section 5121 - Director: There is hereby created the position of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. The Assistant City Manager shall serve as Director of Emergency Services during any temporary absence or disability of the City Manager. Section 5122 - Powers and Duties: The Director is hereby empowered to: 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 therafter or the proclamation shall have no further force or effect. Request the Director of the Mendocino Operational Area, the Governor of the State, and the President of the United States to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. Control and direct the effort of the Emergency Organization of this City for the accomplishment of the purposes of this Chapter. Direct cooperation between and coordination of services and staff of the Emergency Organization of the City; and resolve questions of authority and responsibility that may Ordinance No. 995 Page 5 of 11 arise. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies. In the event of the proclamation of a local emergency the proclamation of a state of emergency by the Governor or the Director of the California Office of Emergency Services, or the existence of a state of war emergency, the Director is hereby empowered: 1. 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 possible time by the City Council; 2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to make expenditures, binding the City for the fair value thereof and, if required immediately, to commandeer the same for public use; 3. To require emergency services of any City officer or employee and, in the event of the proclamation of emergency or state of war emergency, to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers; 4. To requisition necessary personnel or material of any City department or agency; 5. To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this Chapter or by resolution or emergency plan adopted by the City Council, all powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority. Designate the order of succession to the Director's office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform ,his duties during an emergency. Such order of succession shall be maintained on file with the City Clerk. Section 5123: Office of Emergency Services staff: The City Emergency Services Coordinator shall be appointed by the City Manager. Section 5124: Powers and duties of the Emergency Services Coordinator The Emergency Services Coordinator shall: Coordinate the activities of all emergency services in pre-emergency planning, during an emergency, and in post-emergency activities as the chief staff officer for the Director of Ordinance No. 995 Page 6 of 11 Emergency Services. B. Represent the City in dealings with public and private agencies pertaining to emergency planning. C. Organize, develop and coordinate the City's participation in Operational Area emergency programs, working with local agencies, County departments, special districts, supporting agencies and volunteer groups. D. Prepare and maintain the basic emergency plans for the City and submit such plans to the Director of Emergency Services prior to filing with the Operational Area Office of Emergency Services. E. Serve as staff of the Disaster Council. F. Serve as advisor on emergency preparedness matters to directors of emergency services of any agencies that have by agreement contracted with the City for such services. G. Maintain 24-hour a day availability of on-call emergency management personnel for immediate response if called upon by the City. H. Conduct a City Emergency Operations Center Exercise, in whole or part, at least annually. I. Perform other duties as may be assigned by the Director of Emergency Services. Section 5125: Local Emergency -Authority to Proclaim - Ratification The City Council, or if the Council is not in session, in the following order, City Manager, Assistant City Manager, or their designee operating as Director of Emergency Services in the Emergency Operations Center may proclaim a local emergency. Whenever a local emergency is proclaimed by an authorized City officer, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. Section 5126: Legality of Initial Emergency Measures All emergency measures taken by the Director of Emergency Services prior to the issuance of an official proclamation of emergency, or prior to any decision of the City Council not to issue such proclamation, shall be legal and binding upon the City. Section 5127: Local Emergency - Termination Pursuant to the California Emergency Services Act, the Council shall review the declaration at least every 14 days until the need for continuing the local emergency has ended, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. Section 5128: State of Emergency - Who May Request Ordinance No. 995 Page7of 11 The City Council, or if the Council is not in session, in the following priority order, City Manager, Assistant City Manager, or their designee operating as Director of Emergency Services in the City Emergency Operations Center, may request the Governor to proclaim a state of emergency where the conditions of disaster, or of extreme peril to the safety of life and property within the City caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire, flood, storm, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which conditions, by reason of their magnitude, are likely to be beyond the control of the City, and require the forces of a mutual aid region or regions to combat. Section 5129: Activation of County/Operational Area Emergency Operations Center The following personnel are authorized to request the activation and partial or total mobilization of the County Emergency Organization to staff the County/Operational Area Emergency Operations Center (EOC): the City Manager, Assistant City Manager, City Emergency Services Coordinator, and others authorized by the City Manager to act as Director of Emergency Services in the City Emergency Operations Center. Section 5130: Authority for Emergency Orders and Regulations The City Council, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this Chapter, the proclamation of a state of emergency, local emergency or the existence of a state of war emergency, specifically delegates in the following priority order, to the City Manager, Assistant City Manager, or others authorized by the City Manager to act as Director of Emergency Services in the Emergency Operations Center, authority to promulgate orders and regulations to provide for the protection of life and property, where necessary to preserve the public order and safety. Such orders and regulations should, when circumstances permit, be jointly concurred in, but may be independently promulgated when the situation makes concurrence impractical. All such orders and regulations to be effective must be in writing and signed by the promulgating official, and must be confirmed at the next regular meeting of the City Council. Section 5131: Authorized Emergency Vehicles Private or public owned vehicles, while operated in the line of duty by Office of Emergency Services personnel responding to, but not returning from, emergency calls are designated authorized emergency vehicles [California Vehicle Code §2416 (10)]. Private vehicles must comply with California Code of Regulations Title 13, Sections 1120 through 1124 and be issued an Authorized Emergency Vehicle Permit (California Vehicle Code §165) prior to operation as authorized emergency vehicles. Section 5132: Emergency 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. Ordinance No. 995 Page 8 of 11 ARTICLE 4 - EMERGENCY PLAN Section 5140 - Planning: The City shall include the use of the California Standardized Emergency Management System (SEMS) in all emergency plans and procedures. Section 5141 - Emergency Plan: The County Operational Area Office of Emergency Services shall be responsible for the development of the Operational Area Emergency Plan, which Plan shall provide for the utilization of the California Standardized Emergency Management System (SEMS); effective mobilization of all of the resources of the County, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. The City Emergency Plan will reflect all requirements to coordinate activities in conjunction with the Operational Area Emergency Plan. Such plan shall take effect upon adoption by resolution of the City Council. It shall be the responsibility of all City Emergency Operations Center Section Chiefs and alternates to have a thorough knowledge of the City and Operational Area Emergency Plan. The City shall insure that the key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency. Section 5142: Emergency Preparedness Council; membership. The Mayor shall be City of Ukiah's representative to the County of Mendocino Emergency Preparedness Council. ARTICLE 5 - ENFORCEMENT Section 5150 - Punishment of Violations/Acts prohibited during emergency: During the period beginning on the date the existence of a major disaster or state of emergency declared by the Director of Emergency Services and ending 180 days after that date, and within the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine of not to exceed five thousand dollars ($5,000), or by imprisonment for not to exceed six months, or both, for any person, contractor, business, or other entity during an emergency to: 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 or her by virtue of this chapter. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, during a state of war emergency, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof. Ordinance No. 995 Page9of 11 Wear, carry, or display, without authority, any means of identification specified by any emergency services agency of the State of California, the County of Mendocino, County districts, or any city in the County of Mendocino. Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which is ten or more percent greater than the price charged by a person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency unless said person, business, contractor, or other entity can prove that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service. For purposes of this emergency order, the following definitions shall apply: A consumer food item is any article which is used or intended for use as food, drink, confection or condiment by humans or animals. Repair or reconstruction services are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage. Emergency supplies shall include, but are not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, and diapers. Medical supplies shall include but are not limited, to prescription and non- prescription drugs, bandages, gauzes, and isopropyl alcohol. Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag, or placard posted by a member of the City emergency organization on a building or structure damaged by a disaster. Post any sign, tag ,or placard not authorized by the City emergency organization on a building or structure damaged by a disaster. Section 2. Authorities and References Standardized Emergency Management System (SEMS) Regulations: California Code of Regulations Title 19, Division 2, Chapter 1, commencing with §2400. b. California Emergency Services Act: Health and Safety Code §1797 et seq. c. Disaster Service Workers: California Government Code § 3100 et seq. Section 3. Repealer and continuation: All ordinances or parts of ordinances in conflict herewith, and specifically City of Ukiah Ordinance No. '!,~,1 adopted in 1951, and Ordinance No. 651 adopted in 1973, as set forth as Division 6, Chapter 2 of Ordinance No. 995 Page 10 of 11 the Ukiah City Code, are hereby repealed; provided, that it is the intent of the City Council in enacting this ordinance that it shall be considered a revision and continuation of the ordinance repealed by this ordinance, and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. Section 4. Severability: If any provision of this ordinance or the application thereof to any person or circumstance 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 5. Effective Date: This ordinance shall become effective thirty (30) days from and after its adoption. Section 6. Publication: The City Clerk is directed to cause this ordinance to be published as provided by law in the Ukiah Daily Journal, a newspaper of general circulation, published and printed in the City of Ukiah. INTRODUCED BY TITLE ONLY on 17 th day of September, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone None None None PASSED AND ADOPTED this 1st day of October, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone None None None ~Sheridan Malone, Mayor/ Collee'h B. Henderson, City Clerk mfh:emerg EMERGORD Ordinance No. 995 Page 11 of 11