Beverly Hills Municipal Code Art. 1 Disaster Council and Emergency Services Organization

The purpose of this article is to provide for the preparation and execution of plans for the protection of persons, property, and the environment within the city in the event of an emergency and to provide for the coordination of the emergency services disaster functions of this city with all other public agencies and affected private persons, corporations, and organizations. Expenditures made in connection with emergency services and disaster activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants of this city. (Ord. 07-O-2521, eff. 8-10-2007)

In this chapter unless the context otherwise requires:

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, drought, sudden and severe energy shortage, 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 the city, requiring the combined forces of other political subdivisions to combat.

LOCAL EMERGENCY: Shall have the meaning given it in section 8558 of the California Government Code, or its successor provision.

STATE OF EMERGENCY: Shall have the meaning given it in section 8558 of the California Government Code, or its successor provision.

STATE OF WAR EMERGENCY: Shall have the meaning given it in section 8558 of the California Government Code, or its successor provision.

SUCCESSOR PROVISION: The specified section of state law as amended from time to time and any replacement for that section if that section is recodified or renumbered. (Ord. 07-O-2521, eff. 8-10-2007)

A. The city of Beverly Hills disaster council shall consist of the members of the city council. The mayor shall serve as chairperson, and the vice mayor shall serve as vice chairperson. (Ord. 07-O-2521, eff. 8-10-2007)

A. It shall be the duty of the disaster council, and it is hereby empowered:

1. 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.

2. To forward a copy of any emergency plan developed and adopted by the city to the state of California office of emergency services, including, without limitation, the city of Beverly Hills emergency plan provided for in section 2-4-109 of this article.

B. The disaster council is hereby empowered:

1. To register disaster service workers; provided, however, that the disaster council may delegate the act of registering disaster service workers to others through the city of Beverly Hills emergency plan.

2. To designate the individual responsible for keeping the registration of disaster service workers current, and for the accuracy and safekeeping of the official registration records, provided, however, that the documented proof that the disaster service worker has taken the oath of office shall be filed in the office of the city clerk.

3. To direct the activities of disaster service workers within the city through its role in the adoption of the city of Beverly Hills emergency plan. The emergency plan shall delegate to city staff the authority to direct the activities of disaster service workers during a local emergency, state of emergency, or state of war emergency.

C. The disaster council shall meet upon call of the chairperson or, in such person's absence from the city or inability to call such meeting, upon call of the vice chairperson.

D. The disaster council shall have such other powers, duties, and responsibilities of a local disaster council pursuant to the provisions of article 10 of the California emergency services act 1 , as amended from time to time and any replacement for that article if that article is recodified or renumbered. (Ord. 07-O-2521, eff. 8-10-2007)

A. There is hereby established the office of emergency services and the office of director of emergency services is hereby created. The director of emergency services is the director of the city's emergency organization. The city manager shall be the director of emergency services.

B. There is hereby created the office of assistant director of emergency services. The assistant city manager shall be the assistant director of emergency services. (Ord. 07-O-2521, eff. 8-10-2007)

A. Director Of Emergency Services:

1. Should the city manager as director of emergency services be absent or unable to perform his or her duties, the individuals who hold permanent appointments to the positions named for this purpose in a letter signed by the city manager and delivered to the city clerk, shall automatically serve as acting director of emergency services, in the order specified in the letter, and shall serve until the city manager, or an individual holding the permanent appointment to a position above the acting director of emergency services, in the order specified in the letter, is present and able to serve. The letter may, without limitation, include lists of successors for emergency and nonemergency situations, delineate the circumstances that trigger when a particular list controls the designation of the acting director of emergency services, and provide the parameters for determining when the city manager or other successors are absent or unable to perform the duties of the director of emergency services. Such persons who serve as acting director of emergency services must be employees or officers of the city.

2. An individual serving as acting director of emergency services shall have the authority and powers of the director of emergency services.

3. The city's emergency plan may provide additional guidelines to assist city personnel in determining when the city manager, or his or her successor, is absent or unable to perform his or her duties, and when such individuals are available to serve, but in the event of a conflict between the letter provided to the city clerk pursuant to subsection A1 of this section, and the provisions in the city's emergency plan, the letter shall prevail.

B. City Council: In the event of a state of war emergency, or declaration of a state of emergency or local emergency, the city council may be reconstituted and vacancies filled.

C. City Treasurer: In the event of a state of war emergency, or declaration of a state of emergency or local emergency, if the city treasurer is unavailable, the deputy city treasurer who also serves as the chief financial officer shall exercise the powers of city treasurer. The term "unavailable" as used in this subsection shall have the same meaning as that contained in section 8636 of the California Government Code, or its successor provision. (Ord. 07-O-2521, eff. 8-10-2007)

A. The director of emergency services is hereby empowered to:

1. Monitor and evaluate potentially dangerous emergency situations, and when appropriate, 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 or otherwise act upon such proclamation within seven (7) days thereafter. 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. If the city council does not ratify the local emergency, such inaction shall not affect the validity of the local emergency during the period of time that it was in effect.

2. 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 and the city council is not in session.

3. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this article.

4. 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. Coordinate and carry out the policies and direction of the city council and the disaster council, and perform such other duties and responsibilities as delegated by the disaster council or by the city council.

6. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

7. Adopt rules and regulations consistent with the provisions of this article for operation of the office of emergency services.

8. 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 of emergency services, is hereby empowered:

a. To implement and carry out the city of Beverly Hills emergency plan adopted pursuant to section 2-4-109 of this chapter;

b. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, including, but not limited to, orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

c. To obtain from other sources such vital supplies, equipment, and other properties found lacking and needed for the protection of life and property, and to bind the city for the fair value thereof as provided in the emergency provisions of the city's purchasing regulations and, if required immediately, to commandeer the same for public use;

d. To authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life and property, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the city shall be deemed duly accepted by the city council in accordance with section 37354 of the California Government Code, or its successor provision. A report of all such gifts used shall be made to the city council at its next regular meeting for review;

e. To require emergency services of any city officer or employee, to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties, and to grant to public officers, employees, and registered volunteers the authority to command the aid of 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 workers;

f. To requisition necessary personnel or material of any city department or agency;

g. To request state aid, including, without limitation, financial aid, equipment, personnel, supplies or anything else that the state or federal government can provide to assist the city in coping with, responding to, or recovering from the emergency situation;

h. To perform such other functions as necessary or appropriate to cope with the emergency situation; and

i. To execute all of his or her ordinary powers as city manager, all of the special powers conferred upon him or her by this article or by resolution or emergency plan pursuant hereto adopted by the city council, and all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.

9. In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the director of emergency services may issue a declaration of a shelter crisis pursuant to section 8698.2 of the California Government Code, or its successor provision.

B. The director of emergency services, or his or her designee, shall, with the assistance of emergency service chiefs, manage the emergency programs of the city.

C. The assistant director of emergency services, under the supervision of the director of emergency services, shall have such powers and duties as may be assigned by the director of emergency services. (Ord. 07-O-2521, eff. 8-10-2007)

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 impressed into service under the provisions of subsection 2-4-107A8e of this article shall be charged with duties incident to the protection of life, property, and the environment in the city during such emergency, shall constitute the emergency organization of the city of Beverly Hills. (Ord. 07-O-2521, eff. 8-10-2007)

The city of Beverly Hills disaster council shall be responsible for the development of the city of Beverly Hills emergency plan, which plan shall provide for the effective mobilization of all of 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 take effect upon adoption by resolution of the city council. (Ord. 07-O-2521, eff. 8-10-2007)

A. 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 Beverly Hills.

B. Section 3-2-101 of this code requires a second signature on any check, draft, or warrant which exceeds an amount established by resolution of the council. The city council may adopt by resolution an alternate threshold amount, and in the event a local emergency or a state of emergency is duly proclaimed, or a state of war emergency exists, a second signature shall only be required on any check, draft, or warrant if it exceeds that alternate threshold amount. (Ord. 07-O-2521, eff. 8-10-2007)

It shall be a misdemeanor, punishable pursuant to title 1, chapter 3 of this code, for any person, during an emergency, to:

A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty imposed upon him or her by virtue of this article.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this article.

C. Wilfully fail to obey a curfew regulation after being given due notice, either oral or written, of the curfew regulation.

D. Wear, carry, or display, without authority, any means of identification specified by the director of emergency services. (Ord. 07-O-2521, eff. 8-10-2007)