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HomeMy WebLinkAboutItem 4.03 DisasterSvcWkrReso CITY CLERK File # [~-' ~. ~-~-~ ~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 18, 2003 SUBJECT: Disaster Service Worker Resolution Report Prepared By: Jason Behrmann, Administrative Analyst ATTACHMENTS: 1) Resolution 2) Disaster Council Ordinance RECOMMENDATI~ ~ Adopt the Resolution FINANCIAL STATENIENT: None DESCRIPTION: Section 8610 of the California Emergency Services Act provides for the creation of local disaster councils by ordinance. Counties and cities establish disaster councils to provide local emergency organizations with rules and regulations for dealing with local emergencies, and to enact mutual aid and other agreements. A disaster council develops plans for meeting any condition constituting a local emergency or state of emergency, or state of war emergency; such plans provide for the effective mobilization of all of the resources within the political subdivision. The City of Dublin adopted an Ordinance establishing a disaster council on January 14, 1985. In addition to providing the structure to rapidly and effectively deploy emergency resources, an accredited disaster council may also register disaster service workers. The State of California provides workers compensation benefits for all registered volunteers of an accredited disaster council under the Disaster Service Worker Program. This provides increased liability protection for the local jurisdiction. The Governor's Office of Emergency Services recently notified the City that in order to participate in the Disaster Service Worker program, the Council must adopt the attached Disaster Service Worker Resolution. The Resolution allows for the participation in the State Workers Compensation Program to protect duly registered Disaster Service Workers. Without participation in this critical aspect, the use of volunteers during an emergency could expose the City to increased liability. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution. COPIES TO: ITEM NO. H/cc-forms/agdastmt.doc RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RELATIVE TO WORKERS' COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS" WHEREAS, Section 8580 of the Government Code (Chapter 7, Article 4, California Emergency Council) provides: "The California Emergency Council shall establish by rule and regulation various classes o£ disaster service workers and the scope of'the duties of each class. The Emergency Council shall also adopt rules and regulations prescribing the manner in which disaster services workers of each class are to be registered. All such rules and regulations shall be designed to facilitate the paying of workers' compensation;" and WHEREAS, the California Emergency Council has adopted rules and regulations establishing classes of disaster service workers, the scope of duties of each classo and the mamner of registration of such volunteer disaster service workers; and WHEREAS, Section 8612 of the Government Code (Chapter 7, Article 10, Local Disaster Councils) provides: "Any disaster council which both agrees to follow the rules and regulations established by the Emergency Council pursuant to the provisions of Section 8580 and substantially complies with such rules and regulations shall be certified by the Emergency Council. Upon such certification, and not before, the disaster council becomes an accredited disaster council;" and WHEREAS, the City of Dublin has registered and will hereafter register volunteer disaster service workers; and WHEREAS, the City of Dublin desires to become an "accredited disaster council" organization in order that injured disaster service workers registered with it may benefit by the provisions of Chapter 10 of Division 4 of Part 1 of the Labor Code; NOW, THEREFORE, the City Council of the City of Dublin hereby agrees to follow the rules and regulations established by the California Emergency Council pursuant to the provisions of Section 8580 of the Government Code. NOW, THEREFORE BE tT FURTHER RESOLVED that the City Clerk is hereby instructed to send a certified copy hereof to the California Emergency Council. PASSED, APPROVED AND ADOPTED this 18th day of February, 2003. AYES: NOES: ABSENT: ABSTA1N: Mayor ATTEST: City Clerk K2/G/2- 18-03/reso-disasterwkrs.doc (Item 4.3) A-FFACHMENT 1 ORDINANCE NO. 02- 85 AN ORDINANCE OF THE'CITY OF DUBLIN RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS The City Council of the City of Dublin does ordain as follows: Section 1. PURPOSE. The. declared purposes of this ordinance 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. Section 2. DEFINITION. As used in this ordinance, "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, 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 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. ~ Section 3. DISASTER cOuNCIL ~MBERSHIP. The Dublin Disaster Council .~' ] hereby created and shall consist of the following: A. The Mayor, who shall be Chairman. 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 a current emergency plan of this City, adopted pursuant to this ordinance. E. 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. Section 4. DISASTER COUNCIL POWERS AND DUTIES. It shall be the duty of the Dublin 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 and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster .Council shall 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 5. 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. A-FFACHMENT 2 ORDINANCE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS Section 6. 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 existance 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 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 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 hereby empowered: (a) To make and issue rule's and regulations on matters reasonably related to the protection of life and property as affected by such emergency; prov.ided, 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 he deems necessary in the execution of his duties; such persons shall be entitled ko 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 aRDINANCE RELATING TO EY~ERGENCY ORGANIZATION AND FUNCTIONS (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 her. cio 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. 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 and otherwise perform his 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 this City; and shall have such other powers and duties as may be assigned by the Director. Section 7. E~RGENCY 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 orovisions of Section 6.A.(6)(c) of this ordinance, be charged with duties ~cident to the protection of life and property in this City during such ~lergency, shall constitute the emergency organization of the City of Section 8. EMERGENCY PLAN. The Dublin Disaster Council shall be responsible for the development oi' the City of Dublin Emergency Plan, which plan shall provide for the effective mobilization of all of 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. Section 9. EXPENDITURES. 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 of Dublin. ~' Section 10. PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500), 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 ordinance,, or in the performance of any duty imposed upon him by virtue of this ordinance. ORDINANCE RELATING TO E~RGENCY ORGANIZATION AND FUNCTIONS Page 4 B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, 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 thereo£. C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. Section 11. I~DIATE EFFECT. This ordinance is necessary for the preservation of the public peace, health and welfare and shall take effect immediately. Section 12. 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 end the provisions of this ordinance are declared to be severable. Section 13. POSTING. OF ORDINANCE. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. ~ PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 14th day of January, 1985 by the follOwing votes: AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None City