Rancho Santa Margarita Municipal Code Ch. 6.05 Emergency Management and Continuity of Government

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State Law reference— California Emergency Services Act, Government Code § 8550 et seq.

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.

(Ord. No. 03-04, § 2, 9-04-2003)

As used in this chapter, "emergency" shall mean 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, or other conditions, including conditions resulting from war or imminent threat of war, but 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 for the City, requiring the combined forces of other political subdivisions to combat.

(Ord. No. 03-04, § 3, 9-04-2003)

The City of Rancho Santa Margarita Disaster Council is hereby created and shall consist of the following:

(1) The Director of Emergency Services, who shall be Chairman.

(2) The assistant Director of Emergency Services, who shall be Vice Chairman.

(3) Such chiefs of emergency services are as provided for in a current emergency plan of the City adopted pursuant to this chapter.

(4) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council.

(Ord. No. 03-04, § 4, 9-04-2003)

State Law reference— Disaster councils, Government Code § 8610.

It shall be the duty of the City of Rancho Santa Margarita Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman or upon call of the Vice Chairman (in the absence of the Chairman).

(Ord. No. 03-04, § 5, 9-04-2003)

State Law reference— Disaster councils, Government Code § 8610.

(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.

(Ord. No. 03-04, § 6, 9-04-2003)

(a) The Director 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 City's emergency organization for the accomplishment of the purposes of this chapter.

(4) Direct cooperation between and coordination of services and staff of the City's emergency organization; 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,":

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, to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;

c. 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 of Orange or the existence of a "state of war emergency," to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State Law for registered disaster services workers;

d. To requisition necessary personnel or material of the City's departments or agencies; and

e. To execute all ordinary powers as City Manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, and all powers conferred by any statute, by any agreement approved by the City Council, or by any other lawful authority

(b) The 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 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 the emergency programs of the City, and shall have such other powers and duties as may be assigned by the Director.

(Ord. No. 03-04, § 7, 9-04-2003)

State Law reference— Chief executive may request Governor to proclaim state of emergency, Government Code § 8625; authority to provide for a chief executive with special powers during emergencies. Government Code § 38791.

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 Section 6.05.060 of this chapter, 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 of Rancho Santa Margarita

(Ord. No. 03-04, § 8, 9-04-2003)

The City of Rancho Santa Margarita Disaster Council shall be responsible for the development of the City's Emergency Plan, which 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. 03-04, § 9, 9-04-2003)

The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency, or other condition of disaster, unless otherwise ordered by the City Council, shall be the Mayor Pro Tempore followed by the remaining City Council members in the order of their seniority, unless standby successors have been appointed pursuant to Section 8638 of the California Government Code.

(Ord. No. 01-10, § 1(2.10.100), 11-1-2001)

State Law reference— Preservation of local government, Government Code § 8635 et seq.

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

(Ord. No. 03-04, § 10, 9-04-2003)

State Law reference— Emergency expenditures, Government Code § 8653.

It shall be a misdemeanor for any person, during an emergency, 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 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 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 emergency agency of the State or the City.

(Ord. No. 03-04, § 11, 9-04-2003)