Laguna Woods Municipal Code Ch. 7.04 Emergency Management

Footnotes:

--- (1) ---

Editor's note— Ord. No. 11-08, § 1, adopted Dec. 7, 2011, deleted the former Ch. 7.04, §§ 7.04.010—7.04.100, and enacted a new Ch. 7.04 as set out herein. The former Art. X pertained to emergency management and derived from Ord. No. 02-07, §§ 1—10, adopted 12-18-2002.

The purpose and intent of this chapter is 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.

(Ord. No. 11-08, § 1, 12-7-2011)

The definitions found in Government Code §§ 8555—8561 apply to this chapter.

(Ord. No. 11-08, § 1, 12-7-2011)

The City Council shall serve as the Laguna Woods Disaster Council. The Mayor shall serve as the chairperson and the Mayor Pro Tem shall serve as the vice chairperson.

(Ord. No. 11-08, § 1, 12-7-2011)

The Laguna Woods Disaster Council shall function as described in the California Emergency Services Act, California Code of Regulations, and other State laws as applicable. Duties shall include developing emergency plans and maintaining the City's participation in the California Disaster Service Worker Volunteer Program.

(Ord. No. 11-08, § 1, 12-7-2011)

(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 of Emergency Services.

(Ord. No. 11-08, § 1, 12-7-2011)

(a) The Director of Emergency Services is hereby 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 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 Director, the locally available resources are inadequate to cope with the emergency.

(3) Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this chapter.

(4) Direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them.

(5) Require emergency service of any City employee and require any exempt City employee to remain available on a standby basis, for regular and emergency service, but without compensation for remaining so available, notwithstanding any salary resolution or other form of ordinance to the contrary.

(6) Request, contract for, receive, and implement State and Federal aid of all types, including but not limited to measures available under the California Emergency Services Act relating to emergency recovery.

(7) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(8) 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 of the powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority.

(9) 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 California Emergency Management Agency, or the existence of a "state of war emergency," the Director is hereby additionally empowered:

a. To make and issue orders and regulations on matters reasonably related to the protection of life and property; provided, however, such orders and regulations must be confirmed as the earliest practicable time the City Council;

b. To obtain vital services found lacking and needed for the protection of life and property and to bind the City for the fair value thereof;

c. 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;

d. To command the aid of as many citizens 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 services workers; and

e. To authorize any City officer or employee to perform all or a portion of the duties listed in subsections "b.", "c.", and "d." above.

(b) 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 resolution of the City Council.

(c) The Assistant Director of Emergency Services shall, under the supervision of the Director and with the assistance of emergency services chiefs, 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.

(Ord. No. 11-08, § 1, 12-7-2011)

All officers and employees of the City, together with those volunteer forces enrolled to aid them 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 this chapter, shall be charged with duties incident to the protection of life and property in the City during such emergency and shall constitute the emergency organization of the City.

(Ord. No. 11-08, § 1, 12-7-2011)

The Laguna Woods Disaster Council shall be responsible for the development of the City of Laguna Woods Emergency Operations Plan, which 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.

(Ord. No. 11-08, § 1, 12-7-2011)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

(Ord. No. 11-08, § 1, 12-7-2011)

It shall be a misdemeanor for any person to:

(1) 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 upon him or her by virtue of this chapter.

(2) 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 the defense or protection thereof.

(3) Wear, carry, or display, without authority, any means of identification specified by the City or the California Emergency Management Agency.

(Ord. No. 11-08, § 1, 12-7-2011)