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.
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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;
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(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.
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(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
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• 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
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ABSTENTIONS: None
ABSENT: None
BY:
M or
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
2654140.1
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