Berkeley Municipal Code Ch. 2.88 Emergency Services, Disaster Council, and Disaster and Fire Safety…

*For Charter provisions authorizing Berkeley to make and enforce all laws in respect to municipal affairs, see Charter § 115.

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 the City with all other public agencies, corporations, organizations and affected private persons. (Ord. 7466-NS § 1 (part), 2016)

As used in this chapter, "emergency" means the existence of conditions of disaster or of extreme peril which pose an immediate threat to life, public health or safety, or improved property within the city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, an earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City and require the combined forces of other political subdivisions to combat. (Ord. 7466-NS § 1 (part), 2016)

There is created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. (Ord. 7466-NS § 1 (part), 2016)

A. The Director of Emergency Services is empowered:

1. If, in the Director’s judgment, the conditions will require the combined forces of other political subdivisions to combat, to request the City Council to proclaim the 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 ratifying said proclamation within seven days of issuance or the proclamation shall have no further force and effect;

2. If, in the Director’s judgment, the conditions will require the combined forces of a mutual aid region or regions to combat, to request the Governor to proclaim a "State of Emergency" when the City Council has authorized the Director to do so, or when the City Council cannot be convened immediately;

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 coordination of services and staff of the Emergency Organization of the City, and 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 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":

(a) To make and issue lawful rules and regulations on matters reasonably related to the protection of life, public health or safety, or improved property as affected by such emergencies; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council, shall be in writing, and shall be given widespread publicity and notice;

(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life, public health or safety, or improved 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 Alameda County or in the existence of a "State of War Emergency," to command the aid of as many citizens of this community as they deem necessary in the execution of their duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service worker volunteers;

(d) To requisition necessary personnel or material of any City department or agency;

(e) To execute all of their ordinary power as City Manager, all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon them by any statute, by any agreement approved by the City Council, and by any other lawful authority.

7. To designate the order of succession to the office of Director of Emergency Services, to take effect in the event the Director is unavailable to attend meetings and otherwise perform their duties during an emergency. Such order of succession shall be approved by the City Council prior to an emergency, reviewed annually, and updated as necessary. (Ord. 7466-NS § 1 (part), 2016)

A. 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 Section 2.88.040.A.6.c of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the Emergency Organization of the City of Berkeley.

B. The Emergency Organization shall follow and comply with the California Emergency Services Act.

C. The Emergency Organization of the City of Berkeley shall use the Standardized Emergency Management System, as specified in the California Code of Regulations, in responding to, managing, and coordinating incidents, emergencies, and disaster operations.

D. The Emergency Organization of the City of Berkeley subscribes to the principles and operational concepts of the National Incident Management System. (Ord. 7466-NS § 1 (part), 2016)

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 improved property of the City of Berkeley. Any expenditure made pursuant to this chapter shall be considered to be for an actual emergency and of urgent necessity for the preservation of life, public health or safety, or improved property within the meaning of Section 67.4 of the Charter. (Ord. 7466-NS § 1 (part), 2016)

It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency to:

A. Knowingly and willfully obstruct, hinder or delay any member of the Emergency Organization in the enforcement of any lawful rules and regulations issued pursuant to this chapter, or in the performance of any lawful duty imposed upon them by virtue of this chapter;

B. Knowingly and willfully 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 imperil the lives, public health or safety, or improved property of inhabitants of the 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. 7466-NS § 1 (part), 2016)

The City of Berkeley Disaster Council is hereby created and shall consist of the following:

A. The Director of Emergency Services, who shall be chair.

B. Such City of Berkeley officers in charge of emergency services as are provided for in the current emergency plan of this City, adopted pursuant to this Chapter.

C. Such representatives of educational institutions, healthcare facilities, utility districts, the American Red Cross, or other organizations having an official emergency responsibility, as may be appointed by the Director. (Ord. 7466-NS § 1 (part), 2016)

It shall be the duty of the Disaster Council, and it is hereby empowered:

A. To develop, review, and recommend for consideration and adoption by the City Council emergency plans and such ordinances and resolutions and rules and regulations as are necessary to implement such plans;

B. To develop, review, and recommend for consideration and adoption by the City Council mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements;

C. To register and direct the activities of disaster service worker volunteers within the City of Berkeley consistent with 19 CCR Section 2570 et seq.;

D. To create and oversee the process by which the disaster service worker volunteer oath or affirmation is issued, consistent with Government Code Section 3100 et seq.; and

E. To meet annually, and upon call of the chair. (Ord. 7466-NS § 1 (part), 2016)

The Berkeley Disaster and Fire Safety Commission is created and shall consist of nine members appointed by the members of the City Council under the Fair Representation Ordinance, Berkeley Municipal Code Section 2.04.030 et seq. Membership on the Disaster and Fire Safety Commission prior to this Chapter’s reenactment shall count toward the term limits set forth in Berkeley Municipal Code Section 3.02.040. (Ord. 7466-NS § 1 (part), 2016)

The functions of the commission shall be as follows:

A. To advise the City Council on all matters affecting fire safety and/or disaster resilience within Berkeley, and to perform such other functions and duties as may be directed by the City Council; and

B. To serve as the citizens’ oversight committee for expenditure of the proceeds of the Special Tax to Fund Fire Protection and Emergency Response and Preparedness, as set forth in BMC Section 7.81.060. (Ord. 7466-NS § 1 (part), 2016)

The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of meetings shall be as determined by City Council resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting. (Ord. 7466-NS § 1 (part), 2016)