Chapter 2 — DISASTER COUNCIL

Section

4-2.01 Purposes

4-2.02 Definition

4-2.03 Disaster Council membership

4-2.04 Powers and duties of Disaster Council

4-2.05 Director and Assistant Director of Emergency Services

4-2.06 Powers and duties of the Director and Assistant Director of Emergency Services

4-2.07 Emergency Organization

4-2.08 Compliance with the California Emergency Services Act

4-2.09 Emergency Plan

4-2.10 Expenditures

4-2.11 Violations; penalty

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 the city in the event of an emergency; the direction of the Emergency Organization; its compliance with the Standardized Emergency Management System pursuant to Cal. Gov't Code §§ 8607 et seq.; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons.

('66 Code, § 4-2.01) (Ord. 222-C-S, passed 7-26-73; Am. Ord. 911-C-S, passed 9-12-95)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY. The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other condi-tions, including conditions resulting from war or the 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 the city, requiring the combined forces of other political subdivisions to combat.

('66 Code, § 4-2.02) (Ord. 222-C-S, passed 7-26-73)

The Disaster Council is 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 the current Emergency Plan of the city, adopted pursuant to the provisions of this chapter; and

(E) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.

('66 Code, § 4-2.03) (Ord. 222-C-S, passed 7-26-73)

It shall be the duty of the 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, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the Chairman or, in his absence from the city or inability to call such meeting, upon the call of the Vice-Chairman.

('66 Code, § 4-2.04) (Ord. 222-C-S, passed 7-26-73)

(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 of Emergency Services.

('66 Code, § 4-2.05) (Ord. 222-C-S, passed 7-26-73)

(A) The Director of Emergency Services is hereby empowered:

(1) To 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 of Emergency Services, 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) To request the Governor to proclaim a state of emergency when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the

emergency;

(3) To control and direct the effort of the Emergency Organization of the city for the accomplishment of the purposes of this chapter;

(4) To direct cooperation between and the coordination of the services and staff of the Emergency Organization of the city and to resolve questions of authority and responsibility that may arise

between them;

(5) To represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter; and

(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 of Emergency Services is hereby 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

shall 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 the emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to

command the aid of as many citizens of the community as he deems necessary in the execution of his duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(d) To requisition necessary personnel or materials of any city department or agency; and

(e) To execute all of his ordinary powers as City Manager, all of the special powers conferred upon him by the provisions of this chapter or by resolution or Emergency Plan pursuant hereto

adopted by the City Council, and all powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority.

(B) The Director of Emergency Services shall designate the order of succession to that office which shall take effect in the event the Director of Emergency Services 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 of Emergency Services shall, under the supervision of the Director of Emergency Services and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city and shall have such other powers and duties as may be assigned by the Director of Emergency Services.

('66 Code, § 4-2.06) (Ord. 222-C-S, passed 7-26-73)

All officers and employees of the 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 pressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the city during such emergency shall constitute the Emergency Organization of the city.

('66 Code, § 4-2.07) (Ord. 222-C-S, passed 7-26-73)

The Disaster Council shall comply with the California Emergency Services Act to the extent applicable to a local governing body or political subdivision. The Disaster Council shall be designated as the local governing body and political subdivision with powers, authorities, duties, and discretions under the California Emergency Services Act (Cal. Gov’t Code §§ 8630 through 8634) to respond to a proclaimed local emergency. Pursuant to Cal. Gov’t Code § 8655, the Disaster Council shall not be liable for any claims based on the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of the Disaster Council in response to a proclaimed local emergency or in compliance with the California Emergency Services Act.

(Ord. 2205-C-S, passed 2-22-22)

The Disaster Council shall be responsible for the development of the Emergency Plan, which plan shall provide for the effective mobilization of all the resources of the 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 include compliance with the Standarized Emergency Management System pursuant to Cal. Gov't Code §§ 8607 et seq. and shall take effect upon adoption by resolution of the City Council.

('66 Code, § 4-2.08) (Ord. 222-C-S, passed 7-26-73; Am. Ord. 911-C-S, passed 9-12-95; Am. Ord. 2205-C-S, passed 2-22-22)

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.

('66 Code, § 4-2.09) (Ord. 222-C-S, passed 7-26-73; Am. Ord. 2205-C-S, passed 2-22-22)

(A) The following violations are misdemeanors punishable according to division (B):

(1) Wilfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the

performance of any duty imposed upon him by virtue of the provisions of this chapter;

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of 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 the city, or to prevent, hinder, or delay the defense or protection thereof; or

(3) Wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the state.

(B) Any person who violates any of the provisions of this chapter during an emergency, shall be deemed guilty of a misdemeanor and punished according to §§1-2.01 et seq.

('66 Code, § 4-2.10) (Ord. 222-C-S, passed 7-26-73; Am. Ord. 2205-C-S, passed 2-22-22)