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ORDINANCE NO. 16-1361
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING CHAPTER 2.56 OF THE HERMOSA BEACH MUNICIPAL
CODE REGARDING EMERGENCY SERVICES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 2.56.020 of Chapter 2.56 (Emergency Services) of Title 2
Administration and Personnel) of the Hermosa Beach Municipal Code is amended to read as
follows:
2.56.020 - Definitions.
A. Emergency
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, tsunami, storm, epidemic, riot, hazardous materials spill or
earthquake, or other conditions, including conditions resulting from war or imminent threat of
war, but other than conditions resulting from a labor controversy, and which conditions are or are
likely to be beyond the control of the services, personnel, equipment and facilities of this City, and
require the combined forces of other political subdivisions to combat.
B. Emergency Management
"Emergency Management" means the preparation for and the carrying out of all emergency
functions necessary to mitigate, prepare for, respond to, and recover from emergencies and
disasters caused by all hazards, whether natural, technological or human caused. Comprehensive
emergency management consists of four related components: all hazards, all phases, all impacts,
and all stakeholders.
C. Emergency Response Organization
"Emergency Response Organization (ERO)" means the organization that prepares for and carries
out emergency operations by government, in order to prepare for, minimize and repair injury and
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damage resulting from actual or threatened emergency. All City departments have a role in the
ERO and all employees shall be Disaster Service Workers as set forth in California Government
Code Section 3100-3109.
SECTION 2. Section 2.56.030 of Chapter 2.56 (Emergency Services) of Title 2
(Administration and Personnel) of the Hermosa Beach Municipal Code is amended to read as
follows:
2.56.030 Disaster Council created - membership.
The Hermosa Beach Disaster Council is created and shall consist of the following:
A. The City Manager, who shall be the Director of Emergency Services, who shall be
chair;
B. The Fire or Police Chief, as determined by the City Manager, who shall be the
vice -chair.
C. The Emergency Manager, who shall be the Emergency Services Coordinator;
D. Representatives of each department serving the City as appointed by the City
Manager.
E. If recommended by the City Manager or members of the Disaster Council,
representatives of civic, business, labor, veteran, professional or other organizations having
official emergency responsibilities, may be appointed by the director with the advice and consent
of the City Council.
SECTION 3. Section 2.56.040 of Chapter 2.56 (Emergency Services) of Title 2
Administration and Personnel) of the Hermosa Beach Municipal Code is amended to read as
follows:
2.56.040 Disaster Council — powers and duties.
A. It shall be the duty of the Hermosa Beach Disaster Council to oversee the
preparedness of City departments, ensuring unity of purpose. This includes preparation and
approval of plans, training for employees for preparedness and disaster -related functions and other
preparedness activities.
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B. The Disaster Council is empowered, to review 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.
C. The Director of Emergency Services shall advise the Disaster Council with regard
to the preparation and maintenance of the plan in whole or in part at times of local emergency.
D. The Disaster Council shall comply with the California Emergency Services Act and
abide by the California Disaster and Civil Defense Master Mutual Aid Agreement.
E. The Disaster Council shall formulate and maintain plans for use during emergency
conditions, including a written plan for activation of the department as part of, and which is
carried out in its role as, the City Emergency Response Organization.
F. The Disaster Council shall ensure that department personnel are trained in
emergency management operations and that designated personnel participate in regular training
and emergency exercises.
G. The Disaster Council shall meet at least once per fiscal year 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. Section 2.56.050 of Chapter 2.56 (Emergency Services) of Title 2
(Administration and Personnel) of the Hermosa Beach Municipal Code is amended to read as
follows:
2.56.050 Director of Emergency Services — office created powers and duties.
There is created the office of Director of Emergency Services. The City Manager shall be the
Director of Emergency Services. The Director of Emergency Services is empowered to:
A. Request the Mayor or, if the Mayor is unavailable or unable to act, the Mayor pro
tempore to proclaim the existence of a local emergency or to proclaim said emergency
himself/herself if neither the Mayor nor Mayor pro tempore is available or able to act;
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B. Request the governor to proclaim a state of emergency when, in the opinion of the
Director of Emergency Services, the resources of the area or region are inadequate to cope with
the emergency;
C. Control and direct the efforts of the emergency organization of this City for the
I accomplishment of the purposes of this chapter;
D. Direct coordination and cooperation of services and staff of the emergency
organization of this City, and resolve questions of authority and responsibility that may arise;
E. Represent this City in all dealings with public or private agencies on matters I
pertaining to emergencies as defined herein.
SECTION 5. Section 2.56.060 of Chapter 2.56 (Emergency Services) of Title 2
(Administration and Personnel) of the Hermosa Beach Municipal Code is amended to read as
follows:
2.56.060 Director of Emergency Services — emergency power.
After the declaration 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 of Emergency Services 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 proclaim a curfew, specify its terms and conditions, and terminate it. Such
curfew regulations must be confirmed at the earliest practicable time by the City Council;
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 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
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I as he/she deems necessary in the execution of his duties; such persons shall be entitled to all
I privileges, benefits and immunities as are provided by state law for registered disaster service I
workers;
E. To requisition necessary personnel or material of any City department or agency;
F. To exercise the powers conferred on him/her by this chapter or by resolution
adopted under this chapter, powers conferred on him/her by statute, by agreement approved by the
City Council, or by other lawful authority, and in conformity with Section 38791 of the State
Government Code, to exercise complete authority over the City and to exercise all police power
vested in the City by constitution and general laws.
SECTION 6. Section 2.56.080 of Chapter 2.56 (Emergency Services) of Title 2
(Administration and Personnel) of the Hermosa Beach Municipal Code is hereby added to read as
follows:
2.56.080 Emergency operations plan.
Emergency Operations Plan (`BOP") Formulation. The Hermosa Beach Disaster Council shall be
responsible for the review —and recommendation for adoption by the City Council —of the
emergency operations plan of the City. Such 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. A plan shall be adopted by
resolution of the City Council and is binding upon all City departments, employees and registered
Disaster Service Worker Volunteers, and has the force of law whenever an emergency, as defined
in this chapter, has been proclaimed. The plan shall be updated and approved by the Disaster
Council every three years.
The Emergency Operations Plan shall be based on the Standardized Emergency Management
System (Government Code 8607), the National Incident Management System (Homeland Security
Presidential Directive 5), and consistent with the plans of the state and federal governments and
shall hereafter be referred to as "the EOP."
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A. EOP - Contents. The EOP shall set up the assignment of emergency duties and
functions of all City agencies and employees, and volunteer organizations, as well as the lines of
succession of the members of the Emergency Response Organization.
B. EOP - Adoption and amending. The EOP and amendments thereto shall be placed
on file with the City Clerk by the Director, and approved or disapproved by the City Council
within thirty days of such filing. The EOP, and amendments if any, shall be effective upon filing
with the City Clerk unless disapproved by the City Council within thirty days of such filing.
C. Director - Assignment of duties and functions. In assigning emergency duties and
functions to City agencies and personnel, the Director shall assign responsibilities to utilize to the
maximum the skills and talents of City employees. When the requisite skill or talent for a
particular responsibility is not available within the City government, the Director is authorized to
seek assistance on a volunteer basis from persons outside the City government. The Director shall
assign duties to such persons, and grant the authority to carry out their respective responsibilities
during and after the occurrence of a disaster.
D. EOP - Effect. The EOP shall be binding upon all agencies of City government, its
employees and registered volunteer disaster service workers, and have the effect of law whenever
an emergency, as provided in this chapter, has been proclaimed.
E. Organization - Creation. There is created the Hermosa Beach Emergency
Response Organization. All officers and employees of the City shall be a part of such
organization. The Director or designee shall train and organize all employees and officers of the
City for purposes of maintaining the emergency capability of the City. The Director is authorized
to use volunteer forces during an emergency including, but not limited to, groups, organizations,
and persons who by agreement or by operation of law are charged with the duty to protect the life
and property of persons in the City during a disaster.
SECTION 7. Section 2.56.090 of Chapter 2.56 (Emergency Services) of Title 2
(Administration and Personnel) of the Hermosa Beach Municipal Code is hereby amended to read
as follows:
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2.56.090 Local emergency proclamation, mutual aid orders and regulations.
A local emergency may be proclaimed by the City Council or by an official designated by this
chapter. Whenever a local emergency is proclaimed by an official designated by ordinance the
local emergency shall not remain in effect for a period in excess of seven (7) days unless it has
been ratified by the City Council. The City Council shall review, at least every fourteen (14) days
until such local emergency is terminated, the need for continuing the local emergency and shall
proclaim the termination of such local emergency at the earliest possible date that conditions
warrant.
In periods of local emergency, political subdivisions have full power to provide mutual aid to any
affected area in accordance with local ordinances, resolutions, emergency plans, or agreements
therefore.
During a local emergency, the City Council, or officials designated thereby, may promulgate
orders and regulations necessary to provide for the protection of life, property, and the
environment including orders or regulations imposing a curfew within designated boundaries
where necessary to preserve the public order and safety. Such orders, regulations, amendments
and rescissions thereof shall be in writing and shall be given widespread publicity and notice.
(Prior code § 8-9)
SECTION 8. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the
Guidelines), and the environmental regulations of the City. The City Council hereby finds that
under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the
requirements of CEQA because it can be seen with certainty that the provisions contained herein
would not have the potential for causing a significant effect on the environment.
SECTION 9. The City Council designated the City Attorney to prepare a summary of this
Ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full
text of said Ordinance. The City Clerk caused said summary to be published on February 4, 2016
[five (5) days before the date of adoption of the Ordinance], in the Easy Reader, a weekly
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adjudicated newspaper of general circulation, published and circulated in Hermosa Beach. Prior
to the expiration of fifteen (15) days after the date of adoption of the ordinance, the City Clerk
shall cause the summary to be re -published in the Easy Reader.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 9th day of February, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
t'-(
if the C
Duclos, Fangary, Massey, Mayor Petty
None
None
None
jq. �
and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 16-1361 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 9th day of February, 2016, and a
summary of said Ordinance will be published in the Easy Reader newspaper on February
18, 2016.
The vote was as follows:
AYES: Duclos, Fangary, Massey, Mayor Petty
NOES: None
ABSENT: None
ABSTAIN: None
DATED: February 10, 2016
City Clerk