Ordinance Number 789M1
ORDINANCE NO. 789
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING AND AMENDING VARIOUS SECTIONS IN TITLE
4, CHAPTER 1 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
ENTITLED EMERGENCY PREPAREDNESS TO ESTABLISH A DISASTER
COUNCIL AND ITS RESPONSIBILITIES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, the City of San Juan Capistrano requires an Emergency Operations Plan
(EOP) to provide guidance for City response to extraordinary emergency situations associated with
natural disaster, technological incidents, and national security operations; and,
WHEREAS, the tragic 1991 Oakland firestorms prompted a new law [Senate Bill
(Petris)] requiring, major changes to the way California jurisdictions respond to disasters; and,
WHEREAS, the resulting Standardized Emergency Management Systems (SEMS)
regulation requires, all Emergency Plans be SEMS compatible by December 1996; and,
WHEREAS, the resulting SEMS changes require the designation of a Disaster
Council by Municipal Ordinance.
SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1 preceding, the following additions and
amendments to the Municipal Code are hereby enacted:
a. Article 1 of Chapter 1 of Title 4 of the Municipal Code, is hereby amended
by adding Sections 4-1.102.1, 4-1.102.2 and, 4-1.105.1 thereto to read as follows:
Section 4-1.102.1 Disaster Council Membership.
The City of San Juan Capistrano Disaster Council is hereby created and shall consist
of the following:
A. The Mayor, who shall be Chairman.
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B. The Director of Emergency Services, who shall be Vice Chairman.
C. The Assistant Director of Emergency Services.
D. Such Chiefs of emergency services as are provided for in the current
emergency operations plan of this City, adopted pursuant to this ordinance.
E. Such representative of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibilities as may be
appointed by the director with the advice and consent of the City Council.
Section 4-1.102.2 Disaster Council Powers and Duties.
It will be the duty of the City of San Juan Capistrano, 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 and resolutions and rules and regulations as are necessary to
implement such plans and agreements. The Disaster Council will meet upon call of the chairman or,
in his absence from the City or inability to call such meeting, upon call of the vice-chairman.
Section 4-1.105.1 Structure, Duties and Functions of the Emergency Organization
The structure, duties, and functions of the City of San Juan Capistrano emergency
organization and the order of emergency succession to the position of director of emergency services
shall be adopted by resolution of the City Council.
b. Article 1 of Chapter 1 of Title 4, Sections 4-1.103 and 4-1.104 of the
Municipal Code, are hereby amended to read as follows:
Section 4-1.103 Director and Assistant Director of Emergency Services.
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.
Section 4-1.104 Powers and Duties of the Director and Assistant Director of
Emergency Services.
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
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Council shall take action to ratify the proclamation within seven (7) 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 this City
for the accomplishment of the purposes of this ordinance.
(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.
(6) In the event of the proclamation of a "local emergency" as herein
provided, the proclamations 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 herein empowered:
a) To make and issue Hiles and regulations on matters reasonably
related to the protection of life and property as affected by such emergency; provide, 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
finds 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;
C) To required emergency services of any City Officer or 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 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;
d) To requisition necessary personnel or material of any City
department or agency; and
e) To execute all of his ordinary power as City Manager, all of the
special powers conferred upon him by this ordinance 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.
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B. The assistant director shall, under the supervision of the director and with the
assistance of emergency services chiefs, develop emergency plans and manage these emergency
programs of this city; and shall have such other powers and duties as may be assigned by the director.
SECTION 3. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications, and to this and the
provisions of this ordinance are declared to be severable.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 21st day of
January , 1996.
DAVID M. SWERDLIN, MAYO
ATTEST:
A
CITY CLE
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistr;tho,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 789 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on January 7 , 1997, and adopted at a
meeting held on January 21 , 1997, by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOLfNS01q, CITY CLERK
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