Loading...
HomeMy WebLinkAbout565 ORDINANCE 565 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 1 OF TITLE 4 OF THE LOS ALTOS HILLS MUNICIPAL CODE PERTAINING 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 2014, the City.Council of the Town of Los Altos Hills ("Town") amended this Code section to follow the State of California Governor's Office of Emergency Services model Emergency Ordinance for local government; and WHEREAS, the Governor's Office of Emergency Services has .indicated that certain additional language is necessary to comply with current Volunteer Disaster Service Worker regulations, the current version of the Los Altos Hills Municipal Code Title 4, Chapter 1, Public Safety, has been reviewed and 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: SECTION I. AMENDMENTS. The City Council hereby amends the following sections of the'Los Altos Hills Municipal Code to read as follows amended by this ordinance are not included below, and shall remain in full force and effect. Chapter 1 EMERGENCY ORGANIZATION AND FUNCTION 4-1.02 Definitions. 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, 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. Conditions may include 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 and conditions such as, the Governor's warning of an earthquake or volcanic prediction,or other conditions including conditions resulting from war or imminent threat of war. "Local emergency" does not include, nor does any provision of this chapter apply to, any conditions resulting from a labor controversy. Ordinance 565 Page 1 State of war emergency means the condition that 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. 4-1.04 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. 4-1.05 Powers and duties of the Director and Assistant Director of Emergency Services. It shall be the duty of the Director of Emergency Services,and he/she 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. (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,Assistant 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; Ordinance 565 Page 2 (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 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) City Manager; (2) Public Works Director; (3) Planning Director; (4) Administrative Services Director; (5) City Clerk; (6) Other employees designated by the.City Manager; (7) Most senior elected official with required NIMS training. 4-1.06 Disaster Council Membership. The Los Altos Hills Disaster Council shall consist of the following: (a) The Director of Emergency Services,who shall be Cehair. (b) The Public Works Director who shall be the Vice Chair. (c) The Mayor, or City Council designee, who shall be the liaison. (d) The Assistant Director of Emergency Services. (e) Such chiefs of emergency services as are provided for in a current emergency operations plan of this jurisdiction, adopted pursuant to this ordinance. (f) Such representatives of civic, business, institutional, non-profit, public, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. 4-1.07 Disaster Council Powers and Duties. (a) It shall be the duty of the members of the Los Altos Hills Disaster Council, and they are hereby empowered, to engage in emergency response and recovery planning; to review and provide input on 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. Ordinance 565 - Page 3 (b) 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. (c) The Disaster Council shall develop and maintain strategic emergency planning partnerships with other local agencies. (d) The Disaster Council shall comply with the California Emergency Services Act and abide by the California Disaster and Civil Defense Master Mutual Aid Agreement. (e) 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. (f) 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 Government Code Section 8585.5. (g)The Disaster Council will also serve as the Los Altos Hills Citizen Corps Council with the following additional responsibilities: (1)Approve DSW volunteer training and planning to ensure compliance with current DSW regulations and guidelines. (2)The Assistant Director of Emergency Services will coordinate Community Emergency Response Team (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. (3) The City Manager, City Clerk, Assistant Director'of Emergency Services, CERT Coordinator, Emergency Communications Committee Chair or others, as designated by the City Manager, shall be the authorized representative(s) for the registration form processing of DSW volunteers and shall review and approve volunteer training activities, as necessary, when the Disaster Council is not in session. (h)The Disaster Council shall meet upon call of the chair or,upon call of the vice chair(in the absence of the chair). 4-1.08 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 prevention, 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 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. (e) The plan may be activated by any of the following Town representatives: • Those listed in 4-1.05(d) under the Director of Emergency Services Order of Succession Ordinance 565 Page 4 • Any City Council.Member with required NIMS training • Any Emergency Communications Committee volunteer with required NIMS training • Any CERT Supervisor with required NIMS training 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 Sections 8635 through 8644.. In the absence of a quorum, remaining council member(s) shall determine the availability of missing council members and fill seats with standby officers. Standby officers of the Council are the former members of the Council, beginning with the immediate past Council members, ; and then to prior years, beginning with the most recent. Section III. 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. Section IV. EFFECTIVE DATE; PUBLICATION. This ordinance shall take effect thirty(30) days after adoption. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1)publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen(15) days after the adoption of this Ordinance, the City Clerk shall cause a certified copy of the full text of this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it, or otherwise voting, in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: May 19, 2016 PASSED: June 16, 2016 AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan, Councilmember Radford, Councilmember Spreen NOES: None Ordinance 565 Page 5 ABSTENTIONS: None ABSENT: None BY: M or ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2654140.1 Ordinance 5 6 5 Page 6