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HomeMy WebLinkAboutAGENDA REPORT 1989 0215 CC REG ITEM 11B x !t r, � MOORPARK ITEM I I .1 ELOISE BROWN area STEVEN KUENY Mayor oa�= City Manager BERNARDO M. PEREZ taboo CHERYL J. KANE Mayor Pro Tem /rid%.4 City Attorney CLINT HARPER, Ph. D. ��o�1``VA PATRICK RICHARDS, A.I.C.P. Councilmember o- a Director of el PAUL LAWRASON \o,� Community Development 11, Councilmember �`'Fo R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Susan Cauldwell, Administrative Assistant® DATE: February 9, 1989 SUBJECT: Emergency Management. The City is currently without a state-approved emergency management plan. The plan, when developed, will address the City's planned response to extraordinary emergency situations associated with natural disasters, technological incidents, and nuclear defense operations. l3efore the plan is prepared, local agencies typically adopt one ordinance and two resolutions. These actions are recommended by both the county and state. Staff has included the ordinance and resolutions with this report. The City Attorney is currently reviewing the ordinance. You will be informed of any changes before the Council meeting. The ordinance creates the City's Disaster Council, permits the City to proclaim a local state of emergency, allows City to commandeer resources to respond to emergencies, and authorizes the City to apply for and receive state or federal disaster aid. This ordinance directs the Disaster Council to prepare an emergency plan. Until the City adopts this ordinance it is ineligible for any state or federal disaster relief funds. The workers' compensation resolution requests the California State Emergency Council to accredit Moorpark's Disaster Council. When this accreditation is received, the City's disaster service workers (either 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 The Honorable City Council • February 9, 1989 Page 2 staff or citizen volunteers) are eligible for state workers' compensation benefits (in the event they are injured while responding to a disaster) at no cost to the City. The City's only requirement is to register the disaster service workers before they begin working. The City is responsible for devising its own registration process. The purpose of registering these workers is to obtain basic information (e.g. , next of kin, special skills, etc. ) on the volunteers before they begin assisting the City during an emergency. The resolution for state master mutual aid makes the City eligible for in-kind assistance from the state and other jurisdictions which have signed the agreement. By signing this agreement, it is possible the City may be called on to provide whatever assistance it could to other agencies that have signed the agreement. You may recall that the City signed a similar mutual aid agrement with the County and other Ventura cities in 1984. This agreement states that the cities and the County of Ventura will assist each other wherever possible during a local or countywide emergency. After the Council approves the ordinance and resolutions, they will be sent to the State Office of Emergency Sevices for approval. Depending on the timing of our application, approval can take between three and six weeks. When approval is received, the City can begin drafting its Emergency Plan. Staff currently estimates plan preparation to last four to six months. The resolutions are not effective until the ordinance is adopted. Staff suggests the Council review the resolutions and direct staff to place them back on the agenda when the ordinance is read for the second time and adopted. These actions will initiate the City's emergency management planning process. Staff Recommendation That the City Council 1) approve the ordinance for first reading and introduction, and 2) direct staff to return the two resolutions to the agenda when the ordinance is read for the second time, with an effective date the same as the ordinance. MOORPARK, CALIFORNIA City Council Meeting of R—l5 198,E ACTION: (4Z na/ie eJ ./o6 Lyt zeerLl ct-ntt_Atter c . e 4 .moi¢ Nti tam - SC/ls U o DCM.89288 By Li . 0 ORDINANCE N0. 89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK PROVIDING FOR THE PREPARATION AND CARRYING OUT OF PLANS FOR THE PROTECTION OF PERSONS AND PROPERTY WITHIN THE CITY IN THE EVENT OF AN EMERGENCY. PUBLIC EMERGENCY ARTICLE 1 - GENERAL Section x - PURPOSES. 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 the City in the event of an emergency; the direction of this emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons. Section x - x - 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 Moorpark. Section x - DEFINITION. As used in this chapter, "emergency" shall mean that 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 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 county, requiring the combined forces of other political subdivisions to combat. ARTICLE 2 - DISASTER COUNCIL Section x- CREATION AND MEMBERSHIP. The Moorpark Disaster Council is hereby created and shall consist of the persons set forth in the following subsections. Section x - x The Mayor of the City, who shall be Chairman. Section x - x The City Manager, who shall be Vice-Chairman. Section x - x The Assistant Director of Disaster Services. Section x - x Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the City Council. - L - Section x - POWERS AND DUTIES. It shall be the duty of the Moorpark Disaster Council 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 x - DIRECTOR AND ASSISTANT DIRECTOR. There is hereby created the offices of director and assistant director of disaster services. The City Manager of Moorpark shall be the director of Disaster Services. The assistant director shall be appointed by the Director. Section x-x Director's Powers and Duties. The director is hereby granted the powers set forth in the following subsections. Section x-x.x To request City Council to proclaim the existence or threatened existence of a "local emergency" as defined in Government Code 8558(c) if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to ratification by the City Councilwithin seven (7) days thereafter or the proclamation shall have no further force or effect. Section x-x.x To recommend that the Mayor of the City request the Governor to proclaim a "state of emergency" as defined in Government Code 8558(b) when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. Section x-x.x To control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this chapter. Section x-x.x To 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. To represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. Section x-x Emergency Powers. In the event of proclamation of a "local emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency" as defined in Government Code 8558(a), the director is hereby granted the powers set forth in the following subsections. Section x-x.x 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. - 2 - Section x-x.x To obtain vital supplies, equipment, and such other property 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. Section x-x.x To require emergency services of any City Officer or employee and, in the event of the proclamation of a "state of emergency", in the City or "state of war emergency" to command the aid of as many citizens of this City 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. Section x - x.x To requisition necessary personnel or material of any City department or agency. Section x - x.x To execute all of his ordinary powers as City Manager; all of the special powers conferred upon him by this chapter or by resolution or emergency plan adopted by the City Council; all powers conferred upon him by any statute, or agreement approved by the City Council and any other lawful authority. Section x-x Succession. The director shall designate the order of succession to his office subject to approval by the City Council; to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Assistant Director's Duties. The assistant director shall, under 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 x - EMERGENCY ORGANIZATION. All officers and employees of this City, volunteer forces enrolled to aid them during an emergency, persons commandeered into service under the provisions of Section x-x.x, and all groups, organizations, and persons who may by agreement or operation of law, 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 Moorpark. Section x - EMERGENCY PLAN. The Disaster Council shall be responsible for development of the City of Moorpark Emergency Plan, which shall provide for the effective mobilization of 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 Council. - 3 - Section x - PUNISHMENT OF VIOLATIONS. It shall be unlawful for any person, during a state of war emergency, to commit any of the acts specified in the following subsections. Section x-x To willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation or the performance of any duty imposed upon him by virtue of this chapter. Section x-x To 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 likely to give, assistance to the enemy, or imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof. Section x-x To wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. PASSED AND APPROVED this day of 1989, Eloise Brown, Mayor ATTEST: City Clerk SC/ls DCM.89191 - 4 - RESOLUTION NO. 89 A RESOLUTION OF THE CITY OF MOORPARK APPROVING CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT This agreement made and entered into by and between the STATE OF CALIFORNIA, its various departments and agencies, and the various political subdivisions, municipal corporations, and other public agencies of the State of California; W I T N E S SETH : WHEREAS, it is necessary that all of the resources and facilities of the State, its various departments and agencies, and all its political subdivisions, municipal corporations, and other public agencies be made available to prevent and combat the effect of disasters which may result from such calamaties as flood, fire, earthquake, pestilence, war, sabotage, and riot; and WHEREAS, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that a disaster should occur, by the interchange of services and facilities, including, but not limited to, fire, police, medical and health, communication, and transportation services and facilities, to cope with the problems of rescue, relief, evacuation, rehabilitation, and reconstruction which would arise in the event of a disaster; and WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid on a local, county-wide, regional, state-wide, and interstate basis; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties hereto as follows: 1. Each party shall develop a plan providing for the effective mobilization of all its resources and facilities, both public and private, to cope with any type of disaster. 2. Each party agrees to furnish resources and facilities and to render services to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities, and services are to be made available and furnished, which operational -1- plans may include provisions for training and testing to make such mutual aid effective; provided, however, that no party shall be required to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid. 3. It is expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis, but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid is intended to be available in the event of a disaster of such magnitude that it is, or is likely to be, beyond the control of a single party and requires the combined forces of several or all of the parties to this agreement to combat. 4. It is expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases of local peril or emergency and in all cases in which a STATE OF EXTREME EMERGENCY has been proclaimed. 5. It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "California Disaster Act" and other applicable provisions of law, and except as otherwise provided by law that: "The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such mutual aid plans." (Sec. 1564, Military and Veterans Code. ) 6. It is expressly understood that when and as the State of California enters into mutual aid agreements with other states and the Federal Government that the parties to this agreement shall abide by such mutual aid agreements in accordance with law. 7. Upon approval or execution of this agreement by the parties hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall remain in fullforce and effect as to them until the same may be amended, revised, or modified. Additional mutual aid operational plans and amendments, revisions, or modifications of existing or hereafter adopted mutual aid operational plans, shall be adopted as follows: (a) County-wide and local mutual aid operational plans shall be developed by the parties thereto and are operative as between the parties in accordance with the provisions of such operational plans. -2- Such operational plans shall be submitted to the State Disaster Council for approval. The State Disaster Council shall notify each party to such operational plans of its approval, and shall also send copies of such operational plans to other parties to this agreement who did not participate in such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall be operative as to such other parties 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan. (b) State-wide and regional mutual aid operational plans shall be approved by the State Disaster Council and copies thereof shall forthwith be sent to each and every party affected by such operational plans. Such operational plans shall be operative as to the parties affected thereby 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan. (c) The declination of one or more of the parties to participate in a particular operational plan or any amendment, revision, or modification thereof, shallnot affect the operation of this agreement and the other operational plans adopted pursuant thereto. ' (d) Any party may at any time by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, decline to participate in any particular operational plan, which declination shall become effective 20 days after filing with the State Disaster Council. (e) The State Disaster Councilshall send copies of all operational plans to those state departments and agencies designated by the Governor. The Governor may, upon behalf of any department or agency, give notice that such department or agency declines to participate in a particular operational. plan. (f) The State Disaster Council., in sending copies of operational plans and other notices and information to the parties to this agreement, shall send copies to the Governor and any department or agency head designated by him; the chairman of the board of supervisors, the clerk of the board of supervisors, and County Disaster Council, and any other officer designated by a county; the mayor, the clerk of the city council, the City Disaster Council, and any other -3- officer designated by a city; the executive head, the clerk of the governing body, or other officer of other political subdivisions and public agencies as designated by such parties. 8. This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto. Upon approval or execution of this agreement the State Disaster Council shall send copies of all approved and existing mutual aid operational plans affecting such party which shall become operative as to such party 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in any particular operational plan. The State Disaster Council shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular operational plan. 9. Approval or execution of this agreement shall be as follows: (a) The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments and agencies thereof. Upon execution by the Governor a signed copy shall forthwith be filed with the State Disaster Council. (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution approve and agree to abide by this agreement, which may be designated as "CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT." Upon adoption of such a resolution, a certified copy thereof shall forthwith be filed with the State Disaster Council. (c) The executive head of those political subdivisions and public agencies having no legislative or governing body shall execute a copy of this agreement and forthwith file a signed copy with the State Disaster Council. 10. Termination of participation in this agreement may be effected by any party as follows: (a) The Governor, upon behalf of the State and its various departments and agencies, and the executive head of those political subdivisions and public agencies having no legislative or governing body, shallfile a written notice of termination of participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 days after the filing of such notice. -4- WHEREAS, Earl Warren, Governor of the State of California, on the 15th day of November 1950 executed the California Disaster and Civil Defense Master Mutual Aid Agreement on behalf of the State of California and all its Departments and Agencies; NOW, THEREFORE, the City Council of the City of Moorpark does, by resolution, hereby approve and agree to abide by said California Disaster and Civil Defense Master Mutual Aid Agreement; and the Clerk of this Council is hereby authorized and directed to send two certified copies of this resolution to the State Emergency Council for filing with said State Emergency Council. PASSED AND ADOPTED ON DAY OF 19 Eloise Brown, Mayor City of Moorpark ATTEST: City Clerk SC/ls DCM.89192 -5- A RESOLUTION NO. 89 A RESOLUTION OF THE CITY OF MOORPARK RELATIVE TO WORKMAN'S COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS" WHEREAS, Section 8580 of the Government Code (under Section 2, Chapter 7 of the California Emergency Act) provides: "The California State Emergency Council shall establish by rule and regulation various classes of disaster service workers and the scope of the duties of each class. The California State Emergency Council shall also adopt rules and regulations prescribing the manner in which disaster service workers of each class are to be registered. All such rules and regulations shall be designed to facilitate the paying of workmen's compensation" and WHEREAS, the California Emergency Council has adopted rules and regulations establishing classes of disaster service workers, the scope of duties of each class and the manner of registration of such volunteer workers; and WHEREAS, Section 8612 of the Government Code (under Section 2, Chapter 7 of the California Emergency Act) provides "Any disaster council which both agrees to follow the rules and regulations established by the California Emergency Council pursuant to the provisions of Section 8580 of this code and substantially complies with such rules and regulations shall be certified by the California Emergency Council. Upon making such certification, and not before, the disaster council becomes an accredited disaster council." WHEREAS, the City of Moorpark desires to become an "accredited disaster council" organization in order that injured disaster service workers registered with it may benefit by the provisions of the Labor Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK HEREBY AGREES TO FOLLOW THE RULES AND REGULATIONS ESTABLISHED BY THE CALIFORNIA STATE EMERGENCY COUNCIL, pursuant to Section 8580 of the Government Code, (Chapter 7, of Division 1, of Title 2 added at the 1970 sessions (Stats. 1970 Ch 1454). The City Clerk is hereby instructed to send two certified copies hereof to the California State Emergency Council. PASSED AND ADOPTED DAY OF 1989. Eloise Brown, Mayor City of Moorpark, California ATTEST: City Clerk SC/ls DCM.89192 -2- • MOORPARK ELOISE BROWNo,<w STEVEN KUENY Mayor ear* City Manager BERNARDO M. PEREZ '` CHERYL J. KANE Mayor Pro Tem web City Attorney CLINT HARPER, Ph. D. =� PATRICK RICHARDS, A.I.C.P. Councilmember NSA o Director of PAUL LAWRASON �'o� Community Development Councilmember 9''.0 `^ R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Susan Cauldwell, Administrative Assistan DATE: February 15, 1989 SUBJECT: EMERGENCY PREPAREDNESS - AGENDA ITEM 11.B. The ordinance has been revised in response to the City Attorney's comments. The revised sections are noted in the margins of the attached copy. Highlights of the changes are noted below: (a) Definition of Emergency. The definition has been revised to coincide with the Government Code definition. (b) Disaster Council. At the recommendation of the County, an upper limit of 15 has been set on the Disaster Council. Also, provisions has been made for police and fire to be represented. Other changes are minor (e.g. , word/paragraph order) and do not affect the content of the ordinance. According to County OES staff all cities in the county have adopted this ordinance. Attachment S C/ls DCM..892151 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 ORDINANCE NO. 89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING TITLE 2, CHAPTER 2.20 OF THE MOORPARK MUNICIPAL CODE REGARDING EMERGENCY PREPAREDNESS. THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.20 of Title 2 of the Moorpark Municipal code is amended to read: GENERAL Section 2.20.010 - PURPOSES. 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 the City in the event of an emergency; the direction of this emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations and organizations, and affected private persons. Section 2.20.020 - EXPENDITURES. Any expenditures made in connection with emergency activities, including mutual aid activities, shallbe deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. Section 2.20.030 - DEFINITION. As used in this chapter "local emergency" shall mean the duly proclaimed existence of conditions of disaster or of extreme perilto 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, drought, sudden and severe energy shortage, 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, 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. DISASTER COUNCIL Section 2.20.040 - CREATION AND MEMBERSHIP. The Moorpark Disaster Council is hereby created and shall consist of the persons set forth in the following subsections. - 1 - - The Mayor of the City, who shall be Chairman. - The Director of Disaster Services, who shall be Vice-Chairman. - The Assistant Director of Disaster Services. - Such Chiefs of emergency service as are provided for in a current emergency plan of this City adopted pursuant to this chapter. - Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the City Council, so that the total number of Disaster Council members does not exceed fifteen (15). Section 2.20.050 - POWERS AND DUTIES. It shall be the duty of the Moorpark Disaster Council 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 callof the vice-chairman. Section 2.20.060 - DIRECTOR OF DISASTER SERVICES (A) Designation. There is hereby created the office of director of disaster services. The City Manager of Moorpark shall be the director of Disaster Services. (B) Powers. The director is hereby granted the following powers. To request City Council to proclaim the existence or threatened existence of a "local emergency" as defined in Government Code 8558(c) if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to ratification by the City Council within seven (7) days thereafter or the proclamation shall have no further force or effect. To recommend that the Mayor of the City request the Governor to proclaim a "state of emergency" as defined in Government Code 8558(b) when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. To control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this chapter. To 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. To represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. - 2 - (C) Emergency Powers. In the event of proclamation of a "local emergency" as provided herein, 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" as defined in Government Code 8558(a), the director is hereby granted the following powers. 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. To obtain vital supplies, equipment, and such other property 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. To require emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency", in the City or "state of war emergency" to command the aid of as many citizens of this City 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. To requisition necessary personnel or material of any City department or agency. To execute all of his ordinary powers as City Manager; all of the special powers conferred upon him by this chapter or by resolution or emergency plan adopted by the City Council; all powers conferred upon him by any statute, or agreement approved by the City Council and any other lawful authority. (D) Succession. The director shall designate the order of succession to his office subject to approval by the City Council; which shall effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Section 2.20.070 - Assistant Director of Disaster Services (A) Designation. There is hereby created the office of assistant director of disaster services. The assistant director shall be appointed by the director. (B) Powers. The assistant director shall, under 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. - 3 - Section 2.20.080 - EMERGENCY ORGANIZATION. All officers and employees of this City, volunteer forces enrolled to aid them during an emergency, persons commandeered into service under the provisions of Section 2.20.060, and all groups, organizations, and persons who may by agreement or operation of law, 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 Moorpark. Section 2.2.0.090 - EMERGENCY PLAN. The Disaster Council shall be responsible for development of the City of Moorpark Emergency Plan, which shall provide for the effective mobilization of 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 Council. Section 2.2. 100 - PUNISHMENT OF VIOLATIONS. It shall be unlawful for any person, during an emergency, to commit any of the following acts specified in the following subsections. To willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation or the performance of any duty imposed upon him by virtue of this chapter. To 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 likely to give, assistance to the enemy, or imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof. To wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State, County or City. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconsitutional by any courtof competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council declares that it would have adopted this Ordinance and every section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional . SECTION 3. The City Clerk shall certify to the passage andl adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once In the Moorpark News, a weekly newspaper of - 4 - general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND APPROVED this day of 1989, Eloise Brown, Mayor ATTEST: City Clerk SC/ls DCM.89191 5