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HomeMy WebLinkAbout550 • • ORDINANCE 550 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 4, CHAPTER 1 OF THE MUNICIPAL CODE WITH REGARD TO EMERGENCY ORGANIZATION AND FUNCTION WHEREAS,the City Council of the Town of Los Altos Hills ("Town") wishes to amend the Municipal Code Title 4, Chapter 1, related to Emergency Organization and Function; and WHEREAS, in 2010, the State of California Governor's Office of Emergency Services created a model Emergency Ordinance for local government; and WHEREAS, upon review of that document and the current version of the Los Altos Hills Municipal Code Title 4, Chapter 1, Public Safety, certain additions and updates were identified and incorporated below. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: 1. Chapter 1 of Title 4 of the Los Altos Hills Municipal Code, "Emergency Organization and Protection" is hereby repealed in its entirety. 2. Chapter 1 of Title 4 of the Los Altos Hills Municipal Code "Emergency Organization and Function," is hereby added to Title 4 of the Los Altos Hills Municipal Code to read as follows: EMERGENCY ORGANIZATION AND FUNCTION 4-1.01 Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons, property and environment within the Town in the event of an emergency,the direction of the emergency organization, and the coordination of the emergency functions with all other public agencies, corporations, organizations and affected private persons. 4-1.01.1 Inclusion. In accordance with Title II of the Americans with Disabilities Act("ADA," Pub. L. 101- 336), an integrated approach to emergency planning shall be taken to provide people with disabilities and others with access and functional needs the same opportunities to benefit from emergency programs, information, services and activities as people without disabilities. 4-1.02 Definitions. Emergency, as used in this chapter, means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons, property and environment within or affecting the Town caused by such conditions as air pollution, drought, earthquake, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, sudden and severe energy shortage, technological interruptions, the Governor's warning of an earthquake or volcanic prediction, or other conditions including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which Ordinance 550 Page 1 conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities,requiring the combined forces of other political subdivisions to combat. Local emergency means the duly proclaimed, actual or threatened, existence of conditions of disaster or of extreme peril to the safety of persons, property and environment, within or affecting the territorial limits of the Town, caused by such conditions as air pollution, drought, earthquake, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, sudden and severe energy shortage, technological interruptions, the Governor's warning of an earthquake or volcanic prediction, or other conditions including conditions resulting from war or imminent threat of war, which are, or are likely to be, beyond the control of Town services, personnel, equipment and facilities and requiring the combined forces of other public agencies to combat. "Local emergency" does not include, nor does any provision of this chapter apply to any conditions resulting from a labor controversy. Emergency services mean the preparation and carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disaster. It shall not include preparation for any conditions relating to a labor controversy. State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons, property, and environment within or affecting the State caused by such conditions as air pollution, drought, earthquake, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, sudden and severe energy shortage, technological interruptions, the Governor's warning of an earthquake or volcanic prediction, or other conditions, which conditions, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat. "State of emergency" does not include, nor does any provision of this Chapter apply to, any conditions resulting from a labor controversy or conditions causing a "State of war emergency." 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 a state of a warning from the Federal government indicating that such an enemy attack is probable or imminent. 4-1.03 Emergency organization. All officers and employees, 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 4-1.08 (c) 3 of this chapter, be charged with duties incident to the protection of life, property and environment during such emergency, shall constitute the emergency organization of the Town of Los Altos Hills. Ordinance 550 Page 2 • • 4-1.04 Disaster Council Membership. The Los Altos Hills Disaster Council shall consist of the following: (1) The Director of Emergency Services who shall be Chair. (2) The Planning Director who shall be the Vice Chair. (3) The Mayor, or as an alternate,the Vice Mayor who shall be the Liaison. (4) The Assistant Director of Emergency Services. (5) Such chiefs of emergency services as are provided for in a current emergency operations plan of this jurisdiction, adopted pursuant to this ordinance. (6) Such representatives of volunteer, community based organizations, 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. 4-1.05 Disaster Council Powers and Duties. (1) It shall be the duty of the Los Altos Hills Disaster Council, and it is hereby empowered, to develop and recommend for adoption by this 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. (2) The Director of Emergency Services shall advise the Disaster Council with regard to the preparation and maintenance of the plan in whole or in part at times of a local emergency. (3) The Disaster Council may provide direction on emergency response, planning and preparedness issues not mentioned above. (4) The Disaster Council shall develop and maintain strategic emergency planning partnerships with other local agencies. (5) The Disaster Council shall comply with the California Emergency Services Act and abide by the California Disaster and Civil Defense Master Mutual Aid Agreement. (6) The Disaster Council, accredited by the State of California, is empowered to register and direct the activities of disaster service worker (DSW) volunteers within the sphere of influence of the town. (7) The Disaster Council agrees to follow established rules and regulations relating to the various classes of disaster service workers, scope of duties of each class, and manner of registration pursuant to the provisions of G.C. §8585.5. (8) The Disaster Council will also serve as the Los Altos Hills Citizen Corps Council with the following additional responsibilities: (a) Approve DSW volunteer training and planning to ensure compliance with current DSW regulations and guidelines. (b) The Assistant Director of Emergency Services will coordinate CERT training and exercises with LAH County Fire District, Ham Radio training with the Los Altos Hills Emergency Communication Committee (ECC) and other DSW volunteer training, as identified. (9) The Disaster Council shall meet upon call of the chair or, upon call of the vice chair (in the absence of the chair). 4-1.06 Emergency Operations Plan. (a) The Town of Los Altos Hills has adopted the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) as the preparedness, mitigation, response and recovery framework for the Emergency Operations Plan. (b) The Los Altos Hills Disaster Council shall be responsible for the development of the Emergency Operations Plan, and Annexes as identified, which shall provide for the effective mobilization of all of the resources of this jurisdiction, both public and private, to meet any Ordinance 550 Page 3 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. (c) The plan shall also identify the sources of outside support which might be provided (through mutual aid and specific statutory authorities)by other jurisdictions, state and federal agencies, and the private sector. (d) Such plan shall take effect upon adoption by resolution of the City Council. 4-1.07 Director and Assistant Director of Emergency Services. (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. 4-1.08 Powers and duties of the Director and Assistant Director of Emergency Services. (a) The Director of Emergency Services or acting Director (if the Director is unavailable) is hereby empowered: (1) To request the City Council to proclaim the existence or threatened existence of a "local emergency" if the governing body 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 (7) days thereafter or the proclamation shall have no further force or effect. (2) To request that the Governor through appropriate channels proclaim a state of emergency when, in the opinion of the Director, or acting Director, the resources of the Town are inadequate to cope with an emergency; (3) To represent or provide representation of the Town in all dealings with public or private agencies pertaining to civil preparedness in the event of an emergency. (4) Control and direct the effort of this emergency organization for the accomplishment of the purposes of this chapter. (5) Direct cooperation between and coordination of services and staff of this emergency organization; and resolve questions of authority and responsibility that may arise between them. (b) The Assistant Director shall, under the supervision of the Director and with the assistance of Disaster Council representatives, prepare emergency plans and manage the emergency programs of this jurisdiction; and shall have such other powers and duties as may be assigned by the Director. (c) 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 Secretary of the California Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered to: (1) Make and issue rules and regulations on matters reasonably related to the protection of life, property and environment as affected by the emergency; provided, however, that the rules and regulations must be confirmed at the earliest practicable time by the City Council; (2) Obtain vital supplies, equipment and other properties found lacking and needed for the protection of the life, property and environment of the people, and bind the Town for the fair value thereof and if required immediately, to commandeer the same for public use; (3) Require emergency services of any Town officer or employee and, in the event of the proclamation of a state of war emergency or a state of emergency by the Governor in the region Ordinance 550 Page 4 in which this Town is located, to command the aid of as many members of this community as are deemed 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) Requisition necessary personnel or material of any Town department or agency; (5) Execute all ordinary power as City Manager, all of the special powers conferred by this chapter or by resolution or emergency plan adopted pursuant hereto, and all powers conferred upon the Director by any statute, agreement approved by the City Council, or by any other lawful authority. (d) 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 duties during an emergency. The order of succession shall be: (1) Planning Director (2) Public Works Director (3) Administrative Services Director (4) Finance Manager 4-1.09 Preservation of local government during an emergency—Succession. In order to preserve local government during an emergency, the City Council shall meet as soon as possible, ascertain the damage incurred as a result of the emergency, and fill vacancies with standby officers of the council, as prescribed by California Government Code Section 8635- 8644. Standby officers of the council are the former members of the council, beginning with the immediate past council members, by seniority, and then to prior years, beginning with the most recent. Questions regarding the availability of council members shall be decided by the remaining available members of said body. 4-1.10 Violations—Penalty. (a) Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person, firm, or corporation shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (b) No person, firm, or corporation shall, during a period of emergency: (1) 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 by virtue of this chapter; (2) 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 imperil the lives, property or environment of inhabitants of this Town, or prevent, hinder or delay the defense or protection thereof; (3) Wear, carry or display, without authority, any means of identification specified by any emergency agency of the State, County or Town. Ordinance 550 Page 5 4-1.11 Expenditures Any expenditures made in connection with such emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants, property and environment within the Town of Los Altos Hills. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. EFFECTIVE DATE; PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: May 15, 2014 PASSED: June 19, 2014 AYES: Mayor Radford, Vice Mayor Corrigan, Council Member Harpootlian, Council Member Larsen, Council Member Waldeck NOES: ABSTENTIONS: ABSENT: BY• ayor ATTEST: City Clerk- APPROVED lerkAPPROVED AS TO FORM: 61ty—AttoiNey Ordinance 550 Page 6