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HomeMy WebLinkAbout5.4 Disaster Preparedness Ordinance u CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 14, 1985 SUBJECT PUBLIC HEARING : Ordinance Relating to Emergency Organization and Functions EXHIBITS ATTACHED Draft Ordinance Relating to Emergency Organization and Functions RECOMMENDATION Open public hearing; Receive public testimony; Close public haring; Waive reading; Adopt ordinance FINANCIAL STATEMENT: Costs of developing disaster response plan are included as part of the 1984-85 Budget . DESCRIPTION City Staff has been working with representatives of the agencies providing emergency services to the City of Dublin to develop a comprehensive disaster response plan. The next step in the process is the adoption of an ordinance which will establish the City' s emergency organization and functions . The draft ordinance provided is recommended by the State of California Office of Emergency Services . The area coordinator has informed the City that this format has been approved by the Attorney General and the League of California Cities . This ordinance will give the City the legal authority to take specific actions which may be necessary during an emergency situation. The ordinance establishes a Disaster Council with the Mayor designated as Chairman and the City �iManager designated as Vice Chairman and Director of Emergency Services . The Disaster Council shall carry out the administrative duties of the emergency organization, which shall be submitted to the City Council for its adoption. The precise makeup of the Disaster Council and the individual duties of its members shall be specified in the City of Dublin Emergency Plan, which shall be developed in the coming months . The precise plan shall only take effect upon adoption by resolution of the City Council . This ordinance will also allow the City Manager to make expenditures in connection with emergency activities for the direct protection and benefit of the inhabitants and property of the City of Dublin. ---------------------------------------------------------------------------- COPIES TO : ORDINANCE NO. - 85 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS The City Council of the City of Dublin does ordain as follows : i Section 1 . PURPOSE. The declared purposes of this ordinance 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 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 . Section 2 . DEFINITION. As used in this ordinance , "emergency" shall mean 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 air pollution, fire , flood, storm, epidemic , 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 . Section 3 . DISASTER COUNCIL MEMBERSHIP. The Dublin Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be Chairman. B. The Director of Emergency Services , who shall be Vice Chairman. C . The Assistant Director of Emergency Services . D . Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this ordinance . E. Such representatives of civic , business , labor, veterans , professional , or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council . Section 4. DISASTER COUNCIL POWERS AND DUTIES . It shall be the duty of the Dublin 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 chairman or, in his absence from the City or inability to call such meeting , upon call of the vice chairman. Section 5 . DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES . A. There is hereby created the office of Director of Emergency services . The City f4anager shall be the Director of Emergency services . B . There is hereby created the office of Assistant Director of Emergency Services , who shall be appointed by the Director . r � ORDINANCE RELATING TO EfvIERGENCY ORGANIZA`T'ION AND FUNCTIO14S Page 2 Section 6 . POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES . A. The Director is hereby empowered to : (1 ) Request the City Council to proclaim the existance 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 7 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 this City for the accomplishment of the purposes of this ordinance . (4) Direct cooperation between and coordination of services and staff of the emergency organization of this City ; and resolve questions of authority and responsibility that may arise between them. ( 5 ) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event or the proclamation of a "local emergency" as herein provided , 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 hereby 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 this City is located or the existence of a "state of war emergency, " to command the aid of as many citizens of this community as he deems necessary in the execution of his 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 ; and ORDINANCE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS Page 3 ( e ) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the City Council , all powers conferred upon him by any statute , by any agreement approved by the City Council , and by any other lawful authority . B. The Director of Emergency Services 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 duties during an emergency. Such order of succession shall be approved by the City Council . C . The Assistant Director shall , under the supervision of the Director and with the assistance of emergency service chiefs , develop emergency plans and manage the emergency programs of this City ; and shall have such other powers and duties as may be assigned by the Director. Section 7. EMERGENCY ORGANIZATION. All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups , organizations , and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section b. A. (o) ( c ) of this ordinance , be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of Dublin. Section S . EMERGENCY PLAN . The Dublin Disaster Council shall be responsible for the development of the City of Dublin Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this City, 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. Such plan shall take effect upon adoption by resolution of the City Counc,J.l . Section 9 . 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 of Dublin. Section 10. PUNISHMENT OF VIOLATIONS . It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500) , or by imprisonment for not to exceed six months , or both, for any person, during an emergency , to : A. `,tiillfully obstruct , minder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance , or in the performance of any duty imposed upon him by virtue of this ordinance . ORDINANCE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS Page 4 B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance , 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 this 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 11 . IMMEDIATE EFFECT. This ordinance is necessary for the preservation of the public peace , health and welfare and shall take effect immediately. Section 12. 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 13 . POSTING OF ORDINANCE. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three ( 3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California . PASSED , APPROVED AND ADOPTED by the City Council of the City of Dublin on this 14th day of January , 1985 by the following votes : AYES : NOES : ABSENT : Mayor ATTEST: City Clerk