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Ord 644 ORDINANCE NO. 644 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 2.12 OF THE POWAY MUNICIPAL CODE REGARDING EMERGENCY SERVICES NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Purooses. The declared purposes of this chapter are to provide for: (1) the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; (2) the direction of the emergency organization; and (3) the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons following the requirements set forth in the State of California Standardized Emergency Management System (SEMS). SECTION 2: Emeraencv Defined. As used in this chapter, "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 or other 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 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: Standardized Emeraency Manaaement System (SEMS). The City shall use SEMS for coordinating all local emergencies. The basic framework of SEMS incorporates the use of the Incident Command System, multiagency or interagency coordination, the State's master mutual aid agreement, the operational area concept, and the Operational Area Satellite Information System. SECTION 4: Disaster Council - Membership. The Disaster Council is created and shall consist of the following: A. The City Manager, who shall be the Chairperson B. The Assistant City Manager, who shall be Vice Chairperson C. Such Chiefs of Emergency Services as are provided for in a current emergency plan for the City, adopted pursuant to this chapter SECTION 5: Disaster Council- Powers and Duties. It shall be the duty of the Disaster Council, and it is empowered by this chapter, to develop 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 implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson or, in their absence from the City or inability to call such a meeting, upon call from the Vice Chairperson. Ordinance No. 644 Page 2 SECTION 6: Office of Director and Assistant Director of Emeraencv Services Created. A. There is hereby created the Office of Director of Emergency Services. The City Manager 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 of Emergency Services. In the absence of an appointment, the Assistant City Manager shall serve in this capacity. SECTION 7: Powers and Duties of Director and Assistant Director of Emeraency Services. A. The Director is hereby empowered to: 1. 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. 3. Control and direct the efforts of the emergency organization of the City for the accomplishment of the purposes of this chapter. 4. Direct cooperation between the coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them. 5. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. 6. In the event of 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 the "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 practical 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; Ordinance No. 644 Page 3 c. To require emergency services of any City officer or employee, and, in the event of the proclamation of a "State of Emergency," to command the aid of as many citizens of this community as he/she deems necessary in the execution of their duties; such persons shall be entitled to all priYileges, benefits, and immunities as are proYided by state law for registered disaster service workers; d. To requisition necessary personnel or material of any City department or agency; and e. To execute all ordinary powers as City Manager, all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any agreement approved by the City Council, and by any other lawful authority. 7. Designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform their duties during an emergency. Such order of succession shall be approved by the City Council. B. The Assistant Director, shall, under the supervision of the Director and with the assistance of the Department of Emergency Services Chief, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director. SECTION 8: City Council - Powers and Duties. It shall be the duty of the City Council, and it is empowered by this chapter to: A. Proclaim the existence of threatened existence of a local emergency. B. Ratify the existence of a local emergency within seven days of a declaration of local emergency made by the Director of Emergency Services while the City Council was not in session. C. Review the need for a continuing emergency declaration at regularly scheduled meetings at least every 21 days until the emergency is terminated. D. Issue a declaration terminating the local emergency once the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment, and facilities of the City. SECTION 9: Emeraencv Oraanization. All officers and employees of the 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, pressed into emergency service duties, specific to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of Poway. Ordinance No. 644 Page 4 SECTION 10: Emeraencv Plan. The City of Poway Fire Department shall be responsible for the development of the City of Poway Emergency Plan, which shall provide for the effective mobilization of all resources of the 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. The Director of Emergency Services shall have the authority to make administrative changes to the Emergency Plan, which changes shall be brought forward to the City Council for their information. SECTION 11: Expenditures. Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be the direct protection and benefit of the inhabitants and property of the City of Poway. SECTION 12: Violations. It shall be a misdemeanor, punishable in accordance with Section 1.08.010 of the Poway Municipal Code, for any person during an emergency to: A. Willfully obstruct, hinder, or delay any member of the emergency organization with enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him/her by virtue of this chapter. B. 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 or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense of protection thereof. C. Wear, carry, or display without authority any means of identification specified by the emergency agency of the state. This Ordinance shall be codified. 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. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 644 Page 5 Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 3rd day of October, 2006, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 17th day of October, 2006, by the following roll call vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: ~~~ Cx1~ L. Diane Shea, City Clerk