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HomeMy WebLinkAboutAGENDA REPORT 1989 0301 CC REG ITEM 12A • MOORPARK ITEM M. A . ELOISE BROWNo-- STEVEN KUENY Mayor City Manager BERNARDO M. PEREZ trippt CHERYL J. KANE Mayor Pro Tern �A/eelh City Attorney CLINT HARPER, Ph. D. jrt,'� 1�`vV`A PATRICK RICHARDS, A.I.C.P. Councilmember no me, Director of PAUL LAWRASON oy Community Development Councilmember <,Eo 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 Cauldwel.l, Administrative Assi.star>�(. DV� DATE: February 22, 1989 SUBJECT: EMERGENCY MANAGEMENT ORDINANCE -- SECOND READING This ordinance was approved for first reading and introduction at your February 15, 1989 meeting. The ordinance creates the City's Disaster Council, permits the City to proclaim a local state of emergency, allows the City to commandeer resources to respond to emergencies, and authorizes the City to apply for and receive stal.e 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 ordinance has been revised to include section numbers as well as the latest comments by the Cil:y Attorney. Staff Recommendation That the City Council approve the ordinance for second reading and adoption. MOOR?ARK, CALIFORNIA SC/1s City Council Meeting DCM.892222 of 3 -) 198`-/ C; !Cai.'cb ACTION: (G,' iL) ucCJ /176, /66 AtCu c-ti it<: QC(dm e� ce Kitt 4,2_2 /if Litt • • By (: . oet es_} 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 ORDINANCE NO. 89-106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK ADDING CHAPTER 2. 20 TO 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 added to read: CHAPTER 2.20 - EMERGENCY PREPAREDNESS 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, shall be 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 peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, 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. - The Mayor of the City, who shall he Chairman. - The Director of Disaster Services, who shall be Vice-Chairman. - The Assistant Director of Disaster Services. - 1 - - 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 call of 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. (C) Emergency Powers. In the event of proclamationof a "local emergency" as provided herein, the proclamation of a "state of emergency" by the Governor or the Director of the - 2 - 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. 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 2.20.090 - 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. Article 2 of Chapter. 3 of Division 5 of the Ventura County Ordinance Code, adopted by reference pursuant to Section 8 of Ordinance No. 6, is hereby repealed. SECTION 3. 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 court of 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 4. The City Clerk shall certify to the passage and 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 4 - same to be published once in the Moorpark News, a weekly newspaper of 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