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HomeMy WebLinkAboutOrdinance 1845 (Various Code Amendments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1845 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 7.04 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING EMERGENCY SERVICES, TO REVISE THE APPLICABLE DEFINITIONS AND THE POWERS OF THE DIRECTOR OF EMERGENCY SERVICES" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 20th day of November, 2006. published as required by City Charter in the MARIN INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 4th day of December, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 5th day of December, 2006 ( hr. JEAfgN M LEON IlVI, City Clerk ORDINANCE NO. 1845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 7.04 OF THE SAN RAFAEL MUNICIPAL CODE, REGARDING EMERGENCY SERVICES, TO REVISE THE APPLICABLE DEFINITIONS AND THE POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: Section 7.04.020 of the San Rafael Municipal Code is amended to read as follows: Section 7.04.020 Definitions (a) 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 this City caused by such conditions as air pollution, fire, flood, storm, epidemic, explosion, landslide, famine, drought, 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, facilities, and related resources of this City, requiring the combined forces of other political subdivisions to combat. (b) The terms "state of war emergency", "state of emergency", and "local emergency" shall have the same meanings as provided in Government Code Section 8558, as it may be amended from time to time. (c) When used in the text of emergency plans prepared pursuant to this chapter, "disaster" is synonymous with "emergency." (d) Where used in this chapter, and in the emergency plan related thereto, "city" or "cities" refers to one or all of the eleven incorporated political subdivisions within Marin County. ®� � SAL 6 (e) Where used in this chapter, "emergency plan" means that document entitled "City of San Rafael Emergency Operations Plan", as approved by resolution of the city council and on file with the city clerk. (f) Unless otherwise specifically provided, or unless the context otherwise requires, the terms of this chapter shall have the same meanings as provided in the California Emergency Services Act, Government Code Section 8550 et seq., as it may be amended from time to time. DIVISION 2: Section 7.12.020 of the San Rafael Municipal Code is amended to read as follows: Section 7.12.020 Powers and duties of the director and assistant director. (a) The director is empowered to: 1. Proclaim the existence or threatened existence of a "local emergency" if the city council is not in session, subject to ratification by the city council 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, locally available resources are inadequate to cope with the emergency. 3. Direct and control the effort of the emergency organization of this 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 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 herein. 2 (b) In the event of a 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," the director is empowered to: 1. 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. 2. 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. 3. Require emergency services of any city officer or employee, and in the event of the proclamation of a "state of emergency" in the city or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers. in this city. 4. Requisition necessary personnel or material of any department or agency 5. Execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, and by any other lawful authority. (c) 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/or otherwise 3 perform his duties during an emergency. Such order of succession shall be approved by the city council. (d) The assistant director shall, under the direction and supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency program of this city, and shall have such other powers and duties as may be assigned by the director. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. ATTEST: .lVANNE M. LEONCINI, City Clerk 4 The foregoing Ordinance No. 1845 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 20th day of November, 2006 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 4th day of December, 2006. JE M. LEONCINI, City Clerk 5