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O 638 ORDINANCE NO. 638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.12 OF TITLE 8 (HEALTH AND SAFETY) OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE EMERGENCY , SERVICES ORGANIZATION . THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.12 of Title 8 (Health and Safety) of the Arroyo Grande Municipal Code is hereby amended in its entirety as shown in Exhibit A attached hereto and incorporated herein by this reference. � SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 3. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. _ On motion of Council Member Brown, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Brown, Guthrie, Costello, and Mayor Ferrara NOES: None ABSENT: Council Member Ray the foregoing Ordinance was passed and adopted this 8�h day of November 2011. ORDINANCE NO. �38 PAGE 2 • TONY FER , YOR � ATTEST: KELLY W MO , CITY CLERK APPROVED AS TO CONTENT: STEV N ADAMS, CITY MANAGER APPROVED AS TO FORM: �� , . TIM THY J. C L, CITY ATTORNEY ORDINANCE NO. 638 PAGE 3 EXHIBIT A Chapter 8.12 - EMERGENCY SERVICES ORGANIZATION 8.12.010 - Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons. 8.12.020 - Emergency defined. For the purposes of this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, acts of terrorism, or other conditions, including conditions � resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the city, requiring the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. 8.12.025 - Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS). The city shall use SEMS and NIMS for coordinating all local emergencies. The basic framework of SEMS/NIMS incorporates the use of the Incident Command System, multi-agency or interagency coordination, the State's master mutual aid agreement, the operational area concept, and the Operational Area Satellite Information System. 8.12.030 - Disaster council - Membership. The Arroyo Grande disaster council is created and shall consist of the following: A. The city manager is the director of emergency services, who shall be the chairperson; . B. One member of the city council; C. The assistant director of emergency services, as appointed by the city manager, who shall be the vice-chairperson; ORDINANCE NO. 638 . PAG E 4 � D. Such chiefs of emergency services as are provided for in the current emergency plan of the city adopted pursuant to the provisions of this chapter; E. Such representatives of civic, business, labor, veteran, professional, or other organizations having an official emergency responsibility as may be - appointed by the director of emergency services with the advice and consent of the city council; and . F. The coordinator of emergency services, as appointed by the director of - emergency services. 8.12.040 - Disaster council - Powers and duties. It shall be the duty of the Arroyo Grande disaster council, and it is so 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. The disaster council shall meet upon the call of the chairman or, in his or her absence from the city or inability to call such meeting, upon the call of the vice-chairperson. 8.12.050 - Director, assistant director, and coordinator of emergency services. • A. There is created the office of director of emergency services. The city manager shall be the director of emergency services. B. There is created the office of assistant director of emergency services, who shall be appointed by the director of emergency services. C. There is created the office of coordinator of emergency services, who shall be appointed by the director of emergency services. 8.12.060 - Powers and duties of the director, assistant director, and coordinator of emergency services. The director of emergency services is empowered to: � A. 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. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; ORDINANCE NO. 638 � PAGE 5 B. Request the Governor to proclaim a state of emergency when, in the opinion of the director of emergency services, the locally available resources are inadequate to cope with the emergency; C. Control and direct the effort of the emergency organization of the city for the � accomplishment of the purposes of this chapter; � D. Direct cooperation between and 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; . E. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 8.12.020 of this chapter; F. In the event of the proclamation of a local emergency, as provided in subsection (A)(1) of this section, 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 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 shall 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, iii. To require the emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to command the aid of as many citizens of the community as he or she deems 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 laws for registered disaster service workers, iv. To requisition the necessary personnel or materials of any city department or agency, and � v. To execute all of his or her ordinary powers as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted pursuant�to the provisions of . this chapter adopted by the city council, and all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority. ORDINANCE NO. 638 _ PAG E 6 G. In addition to the powers granted herein, the director of emergency services _ shall have such powers incidental to the performance of duties as said director as shall be necessary to allow the director to carry out the emergency operations plan of the city, it being the intent of this chapter that the enumerated powers herein are not limitations upon the director; : H. 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 his or her duties during an emergency. Such � order of succession shall be approved by the city council; I. The assistant director of emergency services shall, under the supervision�of the director and with the assistance of coordinator of emergency services and chiefs of emergency services, 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; J. The coordinator of emergency services shall, under the supervision of the director, manage the day-to-day operations of the Arroyo Grande civil defense/emergency services program. In time of an actual emergency, the coordinator of emergency services shall report directly to the director; and, K. The foregoing specific authority vested in the director of emergency services� and other such authority as deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 8.12.065 - City Council - Powers and duties. The city council is empowered by this chapter to: A. Proclaim the existence or threatened existence of a local emergency. B. Ratify the existence of a local emergency within seven (7) 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 twenty one (21) days until the emergency is terminated. ORDINANCE NO. 638 � PAGE 7 � 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, equipmentt and facilities of the �ity. . 8.12.070 - Emergency organization. � All officers and employees of the city, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service . pursuant to the provisions of subsection (A) (6).(iii) of Section�8.12.060, be charged with duties incident to the protection of life and property in the city during such emergency shall constitute the emergency organization of the city. 8.12.080 - Emergency plan. � The assistant director of emergency services, at the direction of the city disaster council, shall be responsible for the development and continual updating of the City of Arroyo Grande emergency operations plan. The plan shall provide for the effective mobilization of all of the 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. 8.12.090 - Expenditures. Any expenditure made in connection with emergency activities, including mutual aid activities, shall be conclusively deemed to be for the direct�protection and benefit of the inhabitants and property of the city. 8.12.100 - Violation � It shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment not to exceed six months, or both, for any person, during an emergency, to: . A. 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 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 the city, or to prevent, hinder or delay defense or protection thereof. C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the city or State. OFFICIAL CERTIFICATION � I, KELLY WET(VIORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that � the attached is a true, full, and correct copy of Ordinance No. 638 which was introduced at a regular meeting of the City Council on October 25, 2011; was passed and adopted at a regular,meeting of the City Council/Redevelopment � Agency of the City of Arroyo Grande on the 8�h day of November 2011; and was duly published in accordance with State law (G.C. 40806). WITiVESS my hand and the Seal of the City of Arroyo Grande affixed this 10�' day of November 2011. _ � KELLY WETM E, CITY CLERK �