O 120 C.S.
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ORDINA~E NO. 120 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
CHAPTER 1 OF TITLE 4 OF THE MUNICIPAL CODE RELATING
TO EMERGE~Y ORGANIZATION AND FUN::TIONS.
THE CITY COmK:IL OF THE CITY OF ARROYO GRANDE DOES OIlDAIN AS FOLlDilS:
SEC'IION 1: Chapter 1 of Title 4 of the Arroyo Grande Municipal Code is
amended to read as follows:
Section 4-1.01 Purooses. The declared purposss of this o~taanee are to
provide for the preparation and carrying out of plans for the protection of
persons and property within this City in the event of an emergency; the direction
of the emergency organization; and the coordination of the emerleney functions of
this City with all other public; agencies. corporations, orpnizationa, and
affected private persons.
Section 4-1.02 Definition. As used in this o~inanee, "e-rleacy" ahall
mean the actual or threatened existence of conditions of diaa.ter or of eztre.e
peril to the safety of persons and property within thil City cau.ed by auch coadi.
tion as air pollution, fire, flood, sto~, epidemic, riot, or earthquake, or
other conditionl, including conditions relulting from war or ~neDt threat of
war, but other than conditions, resulting from a labor controveny. which cOlllli.
tionl are or are likely to be beyond the control of the aervice., panODDal.
equipment, and facilities of this City, requiring the combined forca. of other
political lubdividons to combat.
Section 4-1.03 Disaster Council Member.hiD. The Arroyo Granda Disast.r
Council is hereby created and Ihall consist of the followinl:
(a) The mayor, who lhall be chai~an.
(b) The director of emergency servicel, who lhall be vic. chai~n.
(c) The assistant director of emergency service..
(d) Such chiefs of emergency services as are provid.d for in a currant
emergency plan of thil City, adopted pursuant to thi. ordinanc..
(e) Such representatives of civic, bUlinesl, labor. vat.rana, profa..ion.l.
or other organizations having an official emergency r..pon.ibility, a. ..y ba
appointed by the director with the advice and con..nt of the City Council.
S~etion 4-1.04 Disaster Council.Powers and Duti... It .hall be the duty
of the Arroyo Grande Dilaster Council, and it i. h.reby empowered, to develop aDd
recommend for adoption by the City Council, emergancy and mutual atd plans aDd
agreements and luch ordinaneel and re.olutioDl and rule. aDd r.~latioaa a. are
nece.sary to implement luch plans and agreement.. The Diaa.tu-cOUDCU .ba11
meet upon call of the chairman or, in hil ab.ence from the City or inebility to
cell such meeting, upon call of the vice chairman.
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Section 4-1.05 Director and A..18~.nt Dir8ctar of Rmar..~Y I.rvia...
(a) There il hereby creat.d the offic. of dir.ctor of ..ara-ney ..rviea..
The City Administrator shall be the director of emer.eney .arvic...
(b) There is hereby created the office of a..i.tant director of ...rllncy
services, who shall be appointed by the director.
Seaction 4-1.06 Paver. .~d Dut~a. of the Diraaeor and A..i.~aft~ Dt..etor
of .er~e!1cv Services.
(a) The director i. hereby emp~8red to:
(1) Request the City Council to proclaim the exiltence or threat.nad
axilteng. of a "logal amar.ency" if the City CounoU i.I :l.n ....:1.011. or 10 :1.1.1&1
.uch proolamation if the City CO\Ino:l.l i. not :l.n ....:l.on. Wbeuver a loul ...r-
.anoy :I.. proclaimed by the director. the C:l.ty CO\InoU .hall take aotiOll to ntil?
the proclamation within ..ven (7) day. ther..fter or the proclamation .ball have
no further foro. or .ff.ot.
(4/75)
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(2) Request the ~()vernor to proclaim a "state of emergency" when,
in t~e opinion of the director, the locally available resources are inadequate
to cope with the emergency.
(3) Control and direct the effort of the emergency organization of
this City for the accomplishment of the purposes of this ordinance.
(4) 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.
(5 ) Represent this 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 a
"state of war emergency," the director is hereby empowered:
(i) 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;
(ii) 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;
(Hi) To require emergency services of any city officer or
employee and, in the event of the proclamation of a "state of emergency" in the
county in which this City is located or the existence of a "state of war
emeTgency, II to command the aid of as many citizens of this community 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;
(iv) To requisition necessary personnel or material of any
City department or agency; and
(v) To execu~~ all of his ordinary power as City Administrator,
all of the special powers conferred upon him by this ordinance or by resolution
or emergency plan pursuant hereto adopted by the City Council, all powers
conferred upon him by any statute, by ~ny agreement approved by the City Council,
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and by any other lawful authority. .
(b) The dirEctor of eme~g~~' s~rvices shall designate the order of
succession to that office, to take effect in the event the director is unavail-
able to attend meetings and otherwise perform his duties during an emergency.
Such order of succession shall be approved by the City Council.
(c) The assistant director shall, under the supervision of the director
and with the assistance of emergency service chiefs, develop emergency plans and
manage Lhe emergencj programs of this City; and shall have such other powers and
duties as may be assigned by the director.
Sec tiog-!!.: 1, OZJmen>;~!!!~.L9rganiza t ion. All officers and employees of
this City, together with those volunteer forces enrolled to aid them during an
emergency, and all groups, organizations, and persons who OIay by agreement or
operation of law, including persons impressed into service under the provisions
of Section 4-1.06(a)(6)(iii) of this ordinance, 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 Arroyo Grande.
Section 4- L08 Emerg~ggY_J~li!lli. The Arroyo Grande Disaster Council shall
he. responsible for the dev"lopment of the 'City of Arroyo Grande Emergency Plan,
which plan shall provide for the effective mobilization of all of the resources
of this City, both public and private, to meet any condition constituting a
lo.~al emergency, state of emergency'\,ot' state .of war emergency; and shall pro'vide
fo= tbe organization, powprs aod duties, services, and staff of the emergency
o'cgaaization. Such plan shall take.e(fect upon adoption by resolution of the
(;i~y CounciL
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Section 4-1.09 Expenditures. Any expenditures made in connection with
emergency activities, including mutual aid activities, shall be deemed conclu-
sively to be for the direct protection and benefit of the inhabitants and
property of the City of Arroyo Grande.
Sec tion 4-1. 10 ReDeal of Conflictin2 Ordinances. Chapter 1 of Title 4
of the Municipal Code of the City of Arroyo Grande, State of California, and
ordinances amendatory thereto are hereby repealed, and all other ordinances in
conflict with this ordinance to the extent of such conflict and no further are
hereby repealed. 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
nQt 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.
Section 4-1.11 Severabilitv. If any provision of this ordinance or the
application thereof to any person or circumstance is held invalid., such
invalidity shall not affect other provisions or applications, and to this end
the provisions of this ordinance are declared to be severable.
SECTION 2: This Ordinance shall be in full force and effect thirty (30)
days. after its passage, and within fifteen (15) days after its passage it shall
be published once, together with the names of the Councilmen voting thereon, in
the Five Cities Times-Press-Recorder.
On motion of Councilman de Leon, seconded by Councilman Spierling and on the
following roll call vote, to wit:
AYES: Councilmen Spierling, de Leon, Millis and Mayor Talley
NOES: None
ABSENT: Councilman Schlegel
the foregoing Ordinance was passed and adopted this 22nd day of April, 1975.
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ATTES~X1_ ';/ . r:kf ~,a? MAYOR
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CITY CLERK
I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify that the foregoing
Ordinance No. 120 C.S. is a true, full and correct copy of said Ordinance passed
and adopted by the City Council of the City of Arroyo Grande at a regular
meeting of said Council held on the 22nd day of April, 1975.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this
23rd day of April, 1975.
4~ .;;t. dllf-7~
City Clerk of the City of rroyo Grande
(S EAL)
ORD. 120 C.S. - 3 -