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HomeMy WebLinkAboutNS-2916 - Amending Chapter 2 of Santa Ana Municipal Code to Update City's Emergency Services Policies and Procedures(ROH 05116117) ORDINANCE NO. NS -2916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY SERVICES POLICIES AND PROCEDURES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS. Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Emergency Services Division (Division 3 of Article IV) was placed into the Municipal Code in 1973, with minor revisions in 1984 and 2015. The original version was developed from Cold War, civil defense concepts and procedures current at the time. B. In 1994, the State of California enacted the Standardized Emergency Management System (SEMS), a statewide emergency management system, which broadened the focus to include preparing for and responding to natural disasters. C. In 2004, the Federal Government enacted the National Incident Management System (NIMS), a nationwide emergency management system similar to SEMS, which further broadened the focus to include preparing for and responding to acts of terrorism in the aftermath of September 11 th. D. SEMS and NIMS place requirements upon the City to incorporate certain required elements into our emergency plans and procedures which are not articulated in the original version of this Division. The City's eligibility to receive various state and federal emergency management and homeland security grants, as well as state or federal reimbursement for disaster response costs, is dependent on adhering to these requirements. E. The Northridge Earthquake, September 11th terrorist attacks, Hurricane Katrina, and other acts of terrorism and natural disasters occurring around the country and world, have focused greater public attention and raised the expectations of the public on the ability of the City and its Emergency Services to competently and adequately manage any disasters or large-scale emergencies that occur. F. Over this time period, job titles and organizational structures within City staff have also changed, including the merger of Santa Ana Fire Department with Orange County Fire Authority and transfer of the emergency management responsibility to the Santa Ana Police Department, creating a need to update the Ordinance No. NS -2916 Page 1 of 13 terminology and organizational responsibilities of City government in managing emergencies. G. Therefore, a comprehensive update to this Division will reflect the City's current organizational approach, authorities and responsibilities in managing emergencies, consistent with current state and federal terminology, laws and practices. H. The Request for Council Action for this ordinance dated May 2, 2017, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. I. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The adoption of this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or reasonably foreseeable physical change in the environment and is not a "project" as defined in Section 15378 of the California Code of Regulations. Section 3. Section 2-400 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-400. Purposes. The purposes of this Division are to establish the Emergency Organization of the City of Santa Ana; to provide for coordination of the emergency functions of the City with all other public agencies, organizations, businesses and private persons; and to provide for the preparation and implementation of emergency plans and procedures; all for the protection of persons and property in the event of a large scale emergency or disaster. Section 4, Section 2-401 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-401. Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Ordinance No. NS -2916 Page 2 of 13 Emergency or Local Emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City or County, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of Emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency", which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of War Emergency — Means the condition which 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 the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. Emergency ServiceslEmergency OperationslEmergency Management — Used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies or disasters caused by all hazards, whether natural, technological or human caused. Director or Director of Emergency Services — Means the individual having primary jurisdiction and authority over the City's response and recovery to emergencies and disasters and is authorized to act on behalf of the City. Section 5. Section 2-402 of Chapter 2 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 2-402. Emergency Organization, A. City Organization All officers and employees of the City, together with those volunteer forces enrolled to aid them in an emergency, and all groups, organizations and persons who may by Ordinance No. NS -2916 Page 3 of 13 agreement or operation of law, including persons pressed into service under the provisions of this title, charged with duties incident to the protection of persons and property in this City during such emergency, shall constitute the Emergency Organization of the City of Santa Ana. B. Disaster Service Workers Pursuant to California Government Code Sections 3100 to 3109, all public employees are declared to be Disaster Service Workers under law, and are subject to such disaster service activities as may be assigned by their superiors or by law, which may include assisting any unit of the Emergency Organization or performing any act contributing to the protection of life or property or mitigating the effects of an emergency or disaster. Private persons who register as emergency volunteers of the City are also deemed Disaster Service Workers of the City. The Santa Ana Police Department and Santa Ana Personnel Department shall develop policies and procedures for the registration, training and standards for employee and volunteer Disaster Service Workers. C. Director of Emergency Services Director, Deputy Director and Line of Succession There is hereby created the position of Director of Emergency Services, who shall have full authority over the operations and resources of the City during a proclaimed emergency, and this position shall be filled by the City Manager. There is also created the position of Deputy Director of Emergency Services, which shall be filled by the Chief of Police. In the absence or the inability to act of the City Manager, he/she shall automatically be succeeded as Director of Emergency Services by the following officials in the order named: 1. Deputy Director of Emergency Services/Chief of Police 2. Deputy City Manager 3. Director of Public Works 4. Director of Finance and Management Services 5. Director of Planning and Building Additionally, the City Manager may designate a specific official to act as Director of Emergency Services based upon the circumstances of a specific emergency event. An official designated as Director may appoint a subordinate with command or management authority to act as Director to accommodate schedule conflicts, shift relief or other required absence. 2. Director of Emergency Services — Powers and Duties The Director of Emergency Services is empowered to: 1. In accordance with the provisions of Section 2-404A of this Division, request the City Council to proclaim the existence or threatened existence of a Local Ordinance No. NS -2916 Page 4 of 13 Emergency, if the City Council is in session; or to issue such proclamation if the City Council is not in session, 2. Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (The County of Orange is also empowered to make this request on behalf of the county as a whole, and commonly does so), 3. Control and direct the efforts of the Emergency Organization of the City for the accomplishment of the purposes of this Division, 4. Direct cooperation between, and coordination of, the services and staff of the Emergency Organization of the City, and to resolve questions of authority and responsibility that may arise among them, 5. In the event of the proclamation of a Local Emergency as provided herein, or the proclamation of a State of Emergency by the Governor or the Director of the Governor's Office of Emergency Services, or the existence of a State of War Emergency, the Director is hereby empowered to: a. Make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency; or to suspend rules, regulations, orders or directives; provided such rules and regulations or suspensions are confirmed by the City Council at the earliest practicable time, b. Requisition necessary personnel or material of any City department or agency, c. Obtain vital supplies, equipment or other such properties found lacking and needed for the protection of life and property and to obligate the City for the fair value thereof and, if required immediately, to commandeer the same for public use, d. Require emergency service of any City officer or employee, and to command the aid of the citizens of this community, e. Execute all of the ordinary powers and duties as City Manager, all special powers and duties conferred upon the City Manager by this Division and by the Emergency Operations Plan adopted pursuant hereto, all powers and duties conferred upon him/her by any statute, agreement or other lawful authority, and in conformity with Section 38791 of the California Government Code, to exercise complete authority over the City and to exercise all police powers vested in the City by the Constitution and general laws. 3. Deputy Director of Emergency Services — Powers and Duties Ordinance No. NS -2916 Page 5 of 13 The Deputy Director of Emergency Services/Chief of Police is empowered, under the supervision of the Director, to: 1. Represent the City in all dealings with public and private agencies on matters pertaining to any emergency as defined by this Division, 2. Develop the emergency pians and manage the emergency programs of this City, 3. Appoint and oversee an Emergency Operations Coordinator in accordance with, and to further execute, the provisions of this Division, 4. Carry out any other powers or duties as may be assigned by the Director. D. City Council -- Powers and Duties The Santa Ana City Council is empowered to: 1. Enact such ordinances, resolutions or rules as may be necessary to prevent, prepare for, mitigate, respond to or recover from actual or foreseeable emergencies or disasters, 2. In accordance with the provisions of Section 2-404A of this Division, proclaim the existence or threatened existence of a Local Emergency, if in session; or to ratify such proclamation made by the Director if not in session, 3. During a Local Emergency, pursuant to Section 415 of Article IV of the Municipal Code, City Council may enact emergency ordinances on matters reasonably necessary to the protection of life and property as affected by such emergency. City Council may review rules, regulations, orders or directives or suspensions thereof issued by the Director pursuant to Sub -Section C-2 of this Section. E. Emergency Operations Coordinator There is created the position of Emergency Operations Coordinator, which shall reside in the Santa Ana Police Department under the supervision of the Deputy Director of Emergency Services/Chief of Police or his/her designee. The Emergency Operations Coordinator shall: 1. Coordinate all City activities related to emergency preparedness, prevention, mitigation, response and recovery; 2. Facilitate emergency and disaster planning for the City, encompassing governmental entities and resources, commercial and industrial resources, and private or non-governmental organizations necessary to support disaster operations; Ordinance No. NS -2916 Page 6 of 13 of: 3. Prepare and maintain the Emergency Operations Plan for the City, and facilitate with City Departments the preparation and maintenance of Standard Operating Procedures and guidelines necessary to support disaster operations; 4. Prepare and maintain City supplies and facilities that support disaster operations; 5. Develop and coordinate emergency training and exercise programs as may be required for City staff, and an emergency preparedness community education program; 6. Coordinate emergency planning and interagency coordination with other local, state and federal agencies and with private or other disaster relief organizations; and serve as the City's representative member of regional emergency planning and interagency coordination committees and planning groups; 7. Recommend to the Director of Emergency Services for referral to the City Council matters of policy related to disaster planning or preparedness; 8. Recommend to the Director of Emergency Services for referral to the Emergency Operations Advisory Board matters for consideration within the purview of their responsibilities. F. Emergency Operations Advisory Board 1. Emergency Operations Advisory Board Members The City of Santa Ana Emergency Operations Advisory Board shall be composed 1. Director of Emergency Services/City Manager, who shall be Chair, 2. Deputy Director of Emergency Services/Chief of Police, who shall be Vice Chair, 3. Executive Managers named in the Director of Emergency Services line of succession in Section C.1: a. Deputy City Manager, b. Director of Public Works, c. Director of Finance and Management, d. Director of Planning and Building, 4. Orange County Fire Authority Division 6 Chief, 5, City Attorney, who shall serve as legal advisor to the Emergency Operations Advisory Board, Ordinance No. NS -2916 Page 7 of 13 6. City Clerk, who shall serve as Secretary to the Emergency Operations Advisory Board, i. Any other Department Directors or Staff requested by the Director of Emergency Services, and 8. Emergency Operations Coordinator, to serve as staff to the Emergency Operations Advisory Board. Z Emergency Operations Advisory Board — Powers and Duties It shall be the responsibility of the Santa Ana Emergency Operations Advisory Board, and it is empowered to, review and recommend for adoption by the City Council emergency plans, policies and agreements, and such ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; to oversee the planning and preparedness activities of all City Departments; to oversee the training of all City staff and employees; and to oversee the training and activities of volunteer programs of the City related to disaster roles and functions. The Emergency Operations Advisory Board as a body serves in a pre -disaster planning and preparedness role and as such body may not have a direct role in disaster response or recovery activities. 3. Emergency Operations Advisory Board Meetings The Emergency Operations Advisory Board shall meet quarterly; and additionally as necessary upon the call of the Chair, or in his/her absence from the City or inability, upon call of the Vice -Chair. G. Emergency Operations Committee The Emergency Operations Committee is created as a standing and working sub- committee to the Santa Ana Emergency Operations Advisory Board. The Emergency Operations Committee is composed of the Emergency Operations Coordinator, who shall be Chair, and managers or management staff from each City Department appointed by the Department Director and who shall be able to speak on behalf of their Department. The Emergency Operations Committee will provide operational direction for implementation of programs and activities established by the Emergency Operations Advisory Board, develop and maintain City emergency plans and procedures, coordinate training and exercise programs for each City Department and for the City as a whole, and shall constitute a core of Emergency Operations Center staff. The Emergency Operations Committee shall meet monthly and additionally at the direction of the Emergency Operations Advisory Board or upon call of the Emergency Operations Coordinator. H. Adoption of Collaborative Systems and Standards The City of Santa Ana recognizes that a large-scale emergency or disaster may have the potential to overwhelm the commonly available resources and capabilities of the City and may require the combined response of numerous agencies, jurisdictions and levels of government. Therefore, the City participates in the Orange County Operational Area response and recovery organization as provided by California Emergency Services Ordinance No. NS -2916 Page 8 of 13 Act Section 8605 and is a signatory to the Orange County Operational Area Agreement. The City adopts the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS) as a basis for emergency plans and response. The framework of these systems includes use of the Incident Command System (ICS), multi -agency and interagency coordination, participation in the Master Mutual Aid Agreement and Systems of the State of California, and the Operational Area concept. The City of Santa Ana will comply with the provisions of the California Emergency Services Act. Section 6. Section 2-403 of Chapter 2 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 2-403. Emergency Operations Plan. The Emergency Operations Committee shall be responsible for the development and maintenance of the City of Santa Ana Emergency Operations Plan (EOP) and related annexes or manuals. The EOP shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency, and shall provide for the organization, duties and functions, and procedures and capabilities of the City's response to the emergency. Each City Department will supplement the EOP with those Standard Operating Procedures necessary to fulfill their role in an emergency under the EOP. The EOP shall comply with the principles of the Orange County Operational Area Agreement, the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS). The Emergency Operations Advisory Board shall be responsible to review and recommend adoption of the EOP to City Council, and to implement the requirements of the Plan once adopted. City Council shall review and adopt the Plan by resolution as a policy of the City. Once adopted, the Plan shall be mandatory upon City departments and agencies, employees and registered volunteer emergency workers and shall have the effect of law whenever an emergency has been proclaimed as provided in this Division. Section 7. Section 2-404 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2404. Emergency Proclamations and Measures. A. Proclamations of Local Emergency A Local Emergency, as defined by Section 2-401 of this Division and by California Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster or extreme peril, existing or imminently likely, so as to threaten lives and property, and by reason of its magnitude is or is likely to be beyond the control of the available services, personnel, equipment and facilities of the City. Ordinance No. NS -2916 Page 9 of 13 The Director of Emergency Services may request the City Council to proclaim the existence of a Local Emergency, if the City Council is in session, or may issue such proclamation if the City Council is not in session. Such proclamation must be made within 10 days of the occurrence of the disaster or emergency. Whenever a Local Emergency is proclaimed by the Director, the City Council must, within seven days from the date of the original proclamation by the Director, approve a resolution ratifying the proclamation, or allow the proclamation to expire. City Council shall review the need for continuing the Local Emergency at least once every 30 days and shall terminate the emergency or allow it to expire at the earliest possible date that conditions warrant. During a Local Emergency, the City Council or the Director of Emergency Services may promulgate ordinances, orders or regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice. The City Council shall proclaim the termination of the Local Emergency at the earliest possible date that conditions warrant. Upon termination of the Local Emergency, any such rules, regulations, orders and directives or suspensions thereof prepared under the Proclamation of Local Emergency shall terminate and have no further force or effect. B. Initial Emergency Measures All emergency measures taken by the Director of Emergency Services prior to the issuance of an official proclamation of emergency, or prior to any decision by the City Council not to issue such proclamation, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Ana and shall be legal and binding on the City of Santa Ana. The Director of Emergency Services shall be immune from any form of liability for all emergency measures taken pursuant to an official proclamation of emergency made by the Director prior to a decision by the City Council, even if the City Council later decides not to ratify the Director's proclamation of emergency. C. Emergency Expenditures Any expenditure made in connection with emergency activities under this Division, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Ana. The Director of Emergency Services, during a proclaimed emergency, shall have the authority to approve contracts and waive normal purchasing requirements as necessary to support the emergency response under this Division and to protect the life and property of the residents of the City. The Director shall have the authority to enter contracts or make purchases for any supplies, materials, equipment or services when any such item is immediately necessary for the continued operation of City government, for the preservation of life or property, or when such purchase is required for the health, safety and welfare of the people, provided there is a present, immediate and existing emergency. Ordinance No. NS -2916 Page 10 of 13 The Finance Director shall maintain a detailed accounting .of all expenditures made under this provision and shall submit upon termination of the emergency, a detailed report to the City Manager, who in turn shall provide the report to the City Council. Section 8. Section 2-405 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-405. Continuity of Government. Disasters or large-scale emergencies may result in conditions causing the absence or unavailability of officers or officials of the City. The preservation and continued functioning of local government is of utmost concern in these circumstances. The City of Santa Ana will take these minimum precautions to provide for the continuance of essential government services during times of emergencies: A. City Council If, during a Local Emergency, State of Emergency or State of War Emergency that has been proclaimed or exists under the provisions of the Emergency Services Act, it has been determined that a majority of the City Council seats have become temporarily or permanently vacant and a regular quorum no longer exists, the powers and authority of the City Council, except for those duties prescribed to the City Council in Article IV, section 403 of the City Charter, shall vest with the Director of Emergency Services until a quorum of the regularly elected City Council Members is present, or until a sufficient number of vacancies that are determined to be permanent are filled under the provisions of Article IV, Section 403 of the City Charter. B. Executive Management Lines of Succession For the purposes of this Division, Department Directors shall appoint a three -deep order of succession of appropriate subordinate management staff to succeed to their position in the event that official is unavailable or unable to serve. The person who succeeds to each office under this provision shall assume all the powers and duties of the office succeeded to immediately upon such succession. The succeeding person shall serve until the appointing official resumes his or her office or until a permanent successor is appointed under the applicable provisions of the City Charter or Municipal Code. Section 9. Section 2-406 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-406. Enforcement. It shall be a misdemeanor for any person, during a proclaimed 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 Division, or in the performance of any duty imposed upon him/her by this Division, Ordinance No. NS -2916 Page 11 of 13 b. Engage in any act forbidden by any lawful rule or regulation issued pursuant to this Division, if such act is of such a nature as to give, or be likely to give, assistance to an enemy, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof, c. Wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services of the State of California or by the City of Santa Ana. Section 10. Section 2-407 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 2-407. Reserved. Section 11. Section 2-408 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 2-408. Reserved. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 16th day of May, 2017 APPROVED AS TO FORM: Sonia R._Carvalho, City Attorney M RyaH ge, Assi t nt y Attorney Ordinance No. NS -2916 Page 12 of 13 AYES: Councilmembers Benavides, Martinez, Sarmiento, Villegas (4) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido. Solorio. Tinaiero (3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2916 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 16, 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 4 Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2916 Page 13 of 13