HomeMy WebLinkAbout1560ORDINANCE NO. 1560 (2011 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE
SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 2.24 TO UPDATE TERMS,
TITLES AND USE OF BEST PRACTICES FOR MANAGING LARGE EMERGENCIES
WITHIN THE CITY
WHEREAS, the Council of the City of San Luis Obispo met in the Council Chamber of
city Hall, 990 Palm Street, San Luis Obispo, California, on March 15, 2011, for the purpose of
considering changes proposed to update Chapter 2.24 of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That section 2.24.020 (Emergency Defined) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
As used in 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, hazardous materials incident, drought, sudden and
severe energy shortage, plant or animal infestations or disease, epidemic, riot, nuclear
emergency, earthquake or other conditions, including conditions resulting from war, terrorist acts
or imminent threat of war, which conditions are, or are likely to be, beyond the control of the
services, personnel, equipment and facilities of this city, requiring the combined forces of other
political subdivisions to combat. (Prior code § 2430.1)
SECTION 2. That section 2.24.030 (Disaster Council - Membership) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
The San Luis Obispo disaster council is created and shall consist of the following:
A. The mayor, who shall be the chair of the disaster council;
B. The vice mayor, who shall be vice chair;
C. All other members of the city council.
SECTION 3. That section 2.24.040 (Disaster Council — Powers and Duties) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
It shall be the duty of the disaster council, and it is empowered, to review and approve the
emergency operations plan 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 call of the emergency services director or, in his or her
absence from the city or inability to call such meeting, upon call of the deputy emergency
services director. (Prior code § 2430.2)
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Ordinance No. 1560 (2011 Series)
Page 2
SECTION 4. That section 2.24.050 (Officers — Offices Created) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
A. There is created the office of emergency services director. The city manager shall be the
emergency services director.
B. There is created the office of deputy emergency services director. The assistant city
manager shall be the deputy emergency services director.
C. There is created the office of emergency operations center director, who shall be
appointed by the emergency services director. (Prior code § 2430.3)
D. There is created the office of city disaster preparedness officer. The fire chief shall be the
city disaster preparedness officer.
SECTION 5. That section 2.24.060 (Officers — Powers and Duties) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
A. The emergency services director is empowered to:
1.
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 emergency services 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;
2.
Request the governor to proclaim a "state of emergency" when, in the opinion of
the emergency services 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 the ordinance codified in this chapter;
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 in this chapter;
6.
In the event of the proclamation of a "local emergency" as provided in this
subsection, the proclamation of a "state of emergency" by the Governor or the
Director of the California Emergency Management Agency, a "federal declaration
of emergency" or the existence of a "state of war emergency," the emergency
services director is empowered:
a. 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;
b. 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;
Ordinance No. 1560 (2011 Series)
Page 3
C. To require emergency services of any city officer or city 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 emergency,"
to command the aid of as many citizens of this 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 law for registered disaster service workers;
d. To requisition necessary personnel or material of any city department or
agency; and
e. To execute all of his or her ordinary power as city manager, all of the
special powers conferred upon him or her by this chapter or by resolution
or emergency plan pursuant hereto 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.
B. The emergency services director 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.
C. The deputy emergency services director shall assist the emergency services director in all
respects, particularly in coordinating the activities of city staff members and volunteer
members of the emergency organization.
D. The emergency operations center director shall, under the supervision of the emergency
services director manage the city's emergency operations center when activated to
respond to and recover from an emergency or disaster. The emergency operations center
director with the assistance of other city staff and volunteers shall develop emergency
action plans to control and manage any emergency or disaster in this city. (Prior code §
2430.4)
SECTION 6. That section 2.24.070 (Emergency Organization - Membership) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
All officers and employees of this city, together with those volunteer forces enrolled to aid the
emergency organization 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 San Luis Obispo Municipal Code Section 2.24.060A.6c, be charged with duties
pertaining to the protection of life and property in this city during such emergency, shall
constitute the emergency organization of the city. All above mentioned members of the
emergency organization, without exception, will be considered "disaster service workers" giving
them protection under California Senate Bill 39- Personal liability immunity: "disaster service
workers" (State of California Civil Code Section 1714.5), or as that section subsequently may be
amended. (Prior code § 2430.5)
SECTION 7. That section 2.24.080 (Emergency Operations Plan) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
Ordinance No. 1560 (2011 Series)
Page 4
The emergency services director, the disaster preparedness officer and other city department
heads shall be responsible for the development of and updates to the city emergency operations
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 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. (Prior code § 2430.6)
SECTION 8. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 15th day of March, 2011 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 5th day of April, 2011 the following vote:
AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and
Mayor Marx
NOES: None
ABSENT: None
ATTEST:
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Elaina Cano
City Clerk
Ma or an Marx
I "by,oer* thatthis document is a true
and accurate original of Ordinance No. /-5 � 0,
and that the ordinance was published pursUlant
to Charter Section 602.
City Clerk