Corona Municipal Code Ch. 2.52 Emergency Management Organization

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 or disaster, the direction of the City of Corona and its Emergency Management Organization, and the coordination of the emergency functions of the city with the County of Riverside and with all other public agencies, corporations or organizations and affected private persons. Furthermore, this chapter establishes the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) as the means for effectively preparing for or responding to emergencies in the City of Corona.

(`78 Code, § 2.52.010.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 1, 1999; Ord. 2029 § 1, 1990.)

(A) As used in this chapter, conditions or degrees of emergency or disaster have the meanings described in this section.

(1) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by any enemy of the United States or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

(2) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state 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 or an earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of any single county, city and county or city and require the combined forces of a mutual aid region or regions to combat.

(3) "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions which are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of a political subdivision and require the combined forces of other political subdivisions to combat.

(4) "Disaster" means any occurrence that has resulted in property damage, deaths and/or injuries to a community. A disaster is a dangerous event that causes significant human and economic loss and demands a crisis response beyond the scope of any single agency or service. Disasters are distinguished from emergencies by the greater level of response required.

(5) "Emergency" means a dangerous event (for example, storm, flood, earthquake, landslide, mudslide, drought, fire, explosion or other catastrophe) that did not result in a request for state or federal assistance; a disaster requires resources beyond those that are available locally.

(B) Other terms and phraseology used in this chapter have the meanings as provided in the California Emergency Services Act, Cal. Gov’t Code §§ 8500 et seq.

(`78 Code, § 2.52.020.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 2, 1999.)

A City Emergency Management Organization is created and consists of all officers and employees of the city and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, together with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster and emergency operations.

(`78 Code, § 2.52.030.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 3, 1999.)

The City Emergency Management Organization shall be activated and shall function as a disaster or emergency relief body only:

(A) Upon the existence of a state of war emergency;

(B) Upon the declaration by the Governor of the state, or by persons authorized to act in his or her stead, of a state of emergency affecting and including the city;

(C) Upon the declaration of a local emergency by the Board of Supervisors of Riverside County, or by an official authorized to act in its stead, for the purpose of making such declaration affecting and including the city; or

(D) Upon the declaration of a local emergency by the City Council, or by an official designated in this chapter to act in its stead, for the purpose of making such a declaration.

(`78 Code, § 2.52.040.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 4, 1999.)

The Emergency Management Organization shall be composed of such elements as are provided for in the Emergency Operations Plan of the city. The officers of the city shall have the authority and duty to plan for the mobilization, operation and support of that segment of the emergency organization for which each is responsible as provided for in the emergency operations plan of the city and to conduct the activities thereof.

(`78 Code, § 2.52.050.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 5, 1999.)

A City Disaster Council is created and shall consist of the following persons:

(A) City Manager;

(B) Fire Chief, who shall be the Council Chair and member of the Riverside County Disaster Council, unless otherwise designated by the City Manager;

(C) Chief of Police, who shall be the Council Vice-Chair, unless otherwise designated by the City Manager;

(D) Assistant City Manager;

(E) DWP General Manager;

(F) Community Development Director;

(G) Public Works Director;

(H) Parks and Community Services Director; and

(I) Fire Department Emergency Services Coordinator.

(`78 Code, § 2.52.060.) (Ord. 3053 § 1 (part), 2010; Ord. 2809 § 1, 2006; Ord. 2429 § 6, 1999; Ord. 2029 § 2, 1990.)

The Corona Disaster Council is empowered to develop and recommend for adoption by the City Council Emergency and Mutual Aid Plans and Agreements, such as ordinances, resolutions, rules and regulations, as are necessary to implement such plans and agreements.

(`78 Code, § 2.52.070.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 7, 1999.)

The Disaster Council shall meet upon call of the Chairperson, or in that individual’s absence or inability to call such a meeting, upon call of the Vice-Chairperson, not less frequently than once a year.

(`78 Code, § 2.52.080.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 8, 1999.)

There is created the position of Emergency Services Director. The Fire Chief shall be the Emergency Services Director and is empowered to appoint an Emergency Services Coordinator.

(`78 Code, § 2.52.090.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 9, 1999.)

In the absence or inability to act of the Emergency Services Director, that individual shall automatically be succeeded as Emergency Services Director by the following city officials in the order named:

(A) Chief of Police;

(B) City Manager;

(C) Assistant City Manager;

(D) Public Works Director;

(E) Community Development Director;

(F) DWP General Manager;

(G) Redevelopment Director.

(`78 Code, § 2.52.100.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 10, 1999.)

The Emergency Services Director shall have the following powers and duties:

(A) To request the City Council to proclaim the existence or threatened existence of a local emergency if the Council is in session; or to issue such proclamation if the Council is not in session. Whenever a local emergency is proclaimed by the Emergency Services Director, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council;

(B) Control and direct the activities of the city’s emergency organization, including appointing persons to particular positions within the organization and to assign the powers and duties of the positions for the accomplishment of the purposes of this chapter;

(C) 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;

(D) Represent the city in dealings with public or private agencies on matters pertaining to emergencies as defined herein;

(E) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state emergency" by the Governor or the Director of the State Office of Emergency Services, the Director is empowered:

(1) To use reasonable city resources for the preservation of life and property and to reduce the effects of an emergency or disaster;

(2) To obtain vital supplies, equipment and other properties found lacking and needed for the protection of life and property by either obligating the city for payment of the fair value thereof or by commandeering same for public use;

(3) To delegate to and impose upon elected and appointed officials of the city such duties and powers as deemed necessary;

(4) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any emergency proclaimed as provided in this chapter; provided, however, such rules and regulations must be confirmed at the earliest practical time by the City Council;

(5) To require emergency services of the city officers and employees and to command the aid of as many citizens of the city as necessary in the execution of duties, such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; and

(6) To execute all powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council and by any other lawful authority;

(F) In addition to the powers granted in this chapter, the Director shall have such powers incidental to the performance of his or her duties as the Director as shall be necessary to allow him or her to carry out the Emergency Operations Plan of the city, it being the intent of this chapter that the powers enumerated in it are not intended to be limitations upon his or her powers.

(`78 Code, § 2.52.110.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 11, 1999; Ord. 2029 § 3, 1990.)

There is created the Corona Fire Department Office of Emergency Services that shall consist of such positions as may be established by the City Council by resolution. The office and its responsibilities are assigned to the Corona Fire Department. Funds to administer, conduct and equip the city emergency and disaster preparedness program shall be designated and provided through the budget process. The Fire Chief serves as Emergency Services Director and shall be assisted by a Emergency Services Coordinator.

(`78 Code, § 2.52.120.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 12, 1999.)

There is established within the Fire Department a Office of Emergency Services, and the position of Emergency services Coordinator, which position shall be filled by appointment by the Fire Chief. The Emergency Services Coordinator, and associated duties, is assigned to the Fire Department, and the person serving in that position is functionally assigned to the Emergency Services Director.

(`78 Code, § 2.52.130.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 13, 1999.)

The Emergency Services Coordinator shall, at the direction of the Emergency Services Director:

(A) Develop, coordinate and maintain a basic emergency operations plan for the city, which plan shall use the Standardized Emergency Management System and the National Incident Management System to provide for the use of resources and equipment of all appropriate governmental entities, all commercial and industrial organizations and all such special groups, bodies and organizations as may be needed to support emergency or disaster operations and shall provide for the organization, powers and duties, services and staff of the emergency organization;

(B) Develop, coordinate and manage such programs, training, activities, funds and exercises as may be needed to facilitate the readiness of city personnel and residents to respond to emergencies and disasters;

(C) Coordinate all aspects of the city’s mitigation, preparedness, response and recovery capabilities;

(D) Develop and coordinate public information, education and related programs essential to facilitate basic self- protection of persons and the community;

(E) Coordinate disaster and emergency planning and training as part of the Riverside County Operational Area;

(F) Serve as a member of the City Disaster Council and recommend to the Emergency Services Director for referral to the Disaster Council matters for consideration within the purview of the Council’s responsibilities; and

(G) Serve as city representative and liaison to area coordinating groups composed of emergency managers and coordinators from other Riverside County cities, agencies and organizations.

(`78 Code, § 2.52.140.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 14, 1999.)

During a state of war emergency, a state of emergency or a local emergency affecting the city, the Emergency Services Coordinator shall:

(A) Serve as staff advisor to the Emergency Services Director; and

(B) Perform such duties as may be assigned by the Emergency Services Director.

(`78 Code, § 2.52.160.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 15, 1999.)

Each person who succeeds to each position or office as provided in this chapter, and as provided in the Emergency Operations Plan of the city, shall succeed to all the powers and duties of the office immediately upon such succession.

(`78 Code, § 2.52.160.) (Ord. 3053 § 1 (part), 2010.)

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.

(`78 Code, § 2.52.170.) (Ord. 3053 § 1 (part), 2010.)

The City Disaster Council shall be responsible for the final development of the city’s Emergency Operations 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 organizations, powers and duties, services and staff of the emergency organizations. The Emergency Plan shall provide for the structure of the Corona Emergency Management Organization using concepts of the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The Emergency Operations Plan shall take effect upon adoption by resolution of the City Council. To enact substantive changes or revisions to the Emergency Operations Plan, the following procedure shall be used:

(A) A review by the Emergency Services Director and Office of Emergency Services, and other departments if relevant to changes;

(B) Presentation of changes with highlights of proposed additions or revisions of Emergency Operations Plan by Emergency Services Director to City Manager and Assistant City Manager;

(C) Distribution to Disaster Council for review and comments;

(D) Disaster Council meets for final review and approval;

(E) Place on City Council Agenda for adoption by resolution.

(`78 Code, § 2.52.180.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 16, 1999.)

At least one Emergency Operations Center shall be established within the city at the city corporation yard. An alternate emergency operations center may be established at a location designated by the Emergency Services Director.

(`78 Code, § 2.52.190.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 17, 1999.)

During the existence of a state of war emergency, of a proclaimed state of emergency or local emergency affecting the city, each member of the City Emergency Organization shall have authority to require all persons to follow reasonable orders given within the scope of assigned functions in order to execute the Emergency Operations Plan of the city and the willful failure of any person to follow such reasonable order or orders shall be a misdemeanor punishable by a fine of not more than $500, or by imprisonment for not more than six months, or both.

(`78 Code, § 2.52.200.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 18, 1999.)

It is a misdemeanor, punishable by a fine of not to exceed $500, or by imprisonment for not to exceed six months, or both, for any person during a state of war emergency, state of emergency or local emergency to:

(A) Willfully obstruct, hinder or delay any member of the City Emergency Organization in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter;

(B) Do any act forbidden by any lawful rule, regulation or order issued pursuant to 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 life or property, or to prevent, hinder or delay the defense or protection of persons or property of inhabitants of this city or to prevent, hinder or delay the defense or protection thereof; and

(C) Wear, carry or display, without authority, any means of identification specified by the emergency agencies of the federal, state or city governments.

(`78 Code, § 2.52.210.) (Ord. 3053 § 1 (part), 2010; Ord. 2429 § 19, 1999; Ord. 1809 § 23, 1986.)

If any provision of this chapter 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 chapter are declared to be severable.

(`78 Code, § 2.52.220.) (Ord. 3053 § 1 (part), 2010; Ord. 2029 § 4, 1990.)