CITY COUNCIL: Ordinance Designating City Administrator as Director of Emergency Services

Meeting Date: April 7, 2009
Prepared by: Michael Calhoun, Police Commander

City Council
Agenda Item Summary

Name: Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services.

Description: On December 2, 2008, the City Council approved Carmel’s Emergency
Operations Center (CEOC) plan, which was updated to ensure compliance
with federal and state guidelines designed to assist the City’s emergency
management system. The Director of Emergency Services for the CEOC is
the City Administrator or the Public Safety Director, in his absence.
Carmel Municipal Code Section 2.64.050 lists the Mayor as the Director of
Emergency Services and Section 2.64.080 gives responsibility for
development of the City’s emergency plan to the Disaster Council.
Amending these sections will grant authority for emergency management to
the City Administrator, which conforms to the CEOC Plan approved by
Council.

Overall Cost: N/A

Staff Recommendation: Staff recommends that City Council eliminate Municipal Code
Sections 2.64.030 and 2.64.040, and amend sections 2.64.050 and 2.64.080 to
transfer responsibility from the Mayor to the City Administrator as the
Director of Emergency Services.

Important Considerations: Eliminating the two Municipal Code sections and amending
Sections 2.64.050 and 2.64.080 will establish the appropriate staffing level
for the CEOC command.

Decision Record: None

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
MIKE CALHOUN, POLICE COMMANDER
DATE: APRIL 15, 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE DELETING
SECTIONS 2.64.030 AND 2.64.040 AND AMENDING
SECTIONS 2.64.050 AND 2.64.080 OF THE CARMEL
MUNICIPAL CODE TO DESIGNATE THE CITY
ADMINISTRATOR AS THE DIRECTOR OF EMERGENCY SERVICES (First Reading)

I. RECOMMENDED MOTION:

Adopt the Ordinance deleting Municipal Code Sections 2.64.030 and
2.64.040, and amending 2.64.050 and 2.64.080 of the Municipal Code to
better reflect emergency management responsibilities in the City.

II. BACKGROUND:

On December 2, 2008, the City Council approved Carmel’s Emergency
Operations Center (CEOC) plan, which was updated to ensure compliance with
federal and state guidelines related to emergency management in the City. The
command section of the CEOC is charged with the overall management of
disaster response and recovery operations for the City of Carmel-by-the-Sea.
The Director of Emergency Services (City Administrator) or the Assistant
Director of Emergency Services (Director of Public Safety) leads the
Command Section and the CEOC staff. With the adoption of the plan, there
would be no need for a Disaster Council, as outlined in sections 2.64.030 and
2.64.040, since the Director of Emergency Services and the Assistant Director
of Emergency Services would oversee and manage all disaster response.
Amending Municipal Code Section 2.64.050 will transfer the responsibility for
emergency services from the Mayor to the City Administrator as the Director
of Emergency Services. Amending Section 2.64.080 will grant authority for
developing the City’s emergency plan to the City Administrator (or the Public
Safety Director in his absence) and will eliminate the Disaster Council.

III. STAFF REVIEW:

Staff concurs with deletion of Sections 2.64.030 and 2.64.040 pertaining to the
Disaster Council membership and its powers and duties, and with amending
Section 2.64.050 and 2.64.080 to reflect that the City Administrator, not the
Mayor, is the Director of Emergency Services and has the power to develop
and manage the City’s emergency response plan. These changes reflect the
revisions to Carmel’s Emergency Operations Center (CEOC) plan, as
approved by Council in December 2008.

The amendments to the above sections of the Municipal Code are outlined in
Attachment “A”.

IV. FISCAL IMPACT:

None

V. SUMMARY:

Adopting this ordinance will establish the appropriate staffing level for the
CEOC command section and will update the Carmel Municipal Code as
outlined in the CEOC policy and guidelines.

ATTACHMENT “A”
Chapter 2.64
EMERGENCY ORGANIZATION*
Sections:
2.64.010 Purposes.
2.64.020 Definitions.
2.64.030 Disaster Council – Membership.
2.64.040 Disaster Council – Powers and Duties.
2.64.050 Director and Assistant Director of Emergency Services.
2.64.060 Director and Assistant Director – Powers and Duties.
2.64.070 Officers and Employees – Emergency Organization.
2.64.080 Emergency Plan.
2.64.090 Expenditures Deemed Public Benefit.
2.64.100 Violation – Penalty.

* For statutory provisions on local emergencies, see Government Code § 8630 et seq.; for provisions on local disaster councils, see Government Code § 8610 et seq.; for provisions on City emergency executives, see Government Code § 38791.

2.64.010 Purposes.
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 this City in the event of an
emergency; the direction of the emergency organization; and the coordination of the
emergency functions of this City with all other public agencies, corporations, organizations,
and affected private persons. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 1, 1951; Code 1975 § 660).

2.64.020 Definitions.
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 this
City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake,
or other conditions, including conditions resulting from war or imminent threat of war, but
other than conditions resulting from a labor controversy, which conditions are or are likely to
be beyond the control of the services, personnel, equipment, and facilities of this City,
requiring the combined forces of other political subdivisions to combat. (Ord. 79-12 § 1,
1979; Ord. 123 N.S. § 2, 1951; Code 1975 § 661).

2.64.030 Disaster Council – Membership.
The Carmel-by-the-Sea Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be Chairperson and Director of Emergency Services;
B. The Chief Administrative Officer, who shall be Vice Chairperson and Assistant Director
of Emergency Services;
C. Such chiefs of emergency services as are provided for in a current emergency plan of
this City, adopted pursuant to this chapter;
D. 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. 79-12 § 1, 1979; Ord. 123
N.S. § 3, 1951; Code 1975 § 662).
2.64.040 Disaster Council – Powers and Duties.
It shall be the duty of the Disaster Council, and the Disaster Council is 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 shall meet upon
call of the Chairperson, or in that person’s absence from the City or inability to call such
meeting, upon call of the Vice Chairperson. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 4, 1951; Code 1975 § 663).

2.64.050 Director and Assistant Director of Emergency Services.
There are created the offices of Director of Emergency Services and Assistant Director of Emergency Services. The Mayor City Administrator shall be the Director of Emergency
Services. The Chief Administrative Officer Public Safety Director shall be the Assistant
Director of Emergency Services. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 5, 1951; Code 1975 § 664).

2.64.060 Director and Assistant Director – Powers and Duties.
The powers and duties of the Director and Assistant Director of Emergency Services are
as follows:
A. The Director is 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 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 in this chapter;
6. In the event of the proclamation of a local emergency as provided in this chapter,
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:
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 and 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 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 s/he deems necessary in the execution of the Director’s 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 the ordinary power as Chief Administrative Officer the
Director of Emergency Services, all of the special powers conferred upon the Director by
this chapter or by resolutions or emergency plan pursuant hereto adopted by the City
Council, all powers conferred by any statute, by any agreement approved by the City
Council, and by other lawful authority.
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 or otherwise
perform the duties of that office 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 this City, and shall have such other powers and duties as may be
assigned by the Director. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. §§ 5, 6, 1951; Code 1975 § 665).
2.64.070 Officers and Employees – Emergency Organization.
All officers and employees of this 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 CMC 2.64.060(A)(6)(c), are charged with duties incident to the protection of life
and property in this City during such emergency and shall constitute the emergency
organization of the City. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 7, 1951; Code 1975 § 666).
2.64.080 Emergency Plan.
The Disaster Council The Director of Emergency Services or his designee shall be
responsible for the development of the City emergency plan, which plan shall provide for the
effective mobilization of all the resources of this 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. 79-12 § 1, 1979; Ord. 123 N.S. § 8, 1951; Code 1975 § 667).
2.64.090 Expenditures Deemed Public Benefit.
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. 79-12 § 1, 1979; Code 1975 § 668).

2.64.100 Violation – Penalty.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by
imprisonment for not to exceed six months, or both, for any person, during an 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 chapter, or in the
performance of any duty imposed upon any person by virtue of this chapter.
B. 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 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
emergency agency of the State. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 9, 1951; Code 1975 § 669).