Chapter 2.100 — ADMINISTRATION OF DISASTER OPERATION AND RELIEF

The declared purpose of this chapter is 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.

(Ord. No. 2011-14, § 1, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, or as defined in the California Emergency Services Act (Government Code Section 8550 et seq.), except where the context clearly indicates a different meaning:

Emergency means a condition 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, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestations 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, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.

(Ord. No. 2011-14, § 2, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

The city disaster council is· hereby created and shall consist of the following:

(1)

The mayor, who shall be chairperson.

(2)

The director of emergency services who shall be vice-chairperson.

(3)

The assistant director of emergency services.

(4)

Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter.

(5)

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.

(Ord. No. 2011-14, § 3, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

It shall be the duty of the city 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 chairperson or, upon call of the vice-chairperson (in the absence of the chairperson).

(Ord. No. 2011-14, § 4, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

(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.

(Ord. No. 2011-14, § 5, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

(a)

The director is hereby empowered to:

(1)

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, 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)

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 city's emergency organization for the accomplishment of the purposes of this chapter.

(4)

Direct cooperation between and coordination of services and staff of the city's emergency organization; 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 secretary of state emergency management, or the existence of a state of war emergency, the director is hereby empowered:

a.

To make and issue or suspend or modify 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 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 the city is located or the existence of a state of war emergency, to command the aid of as many citizens ofthis community as deemed 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 services workers;

d.

To requisition necessary personnel or material of the city's departments or agencies;

e.

To execute all ordinary power as city manager all of the special 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.

To delegate authority to such city officials as the director determines reasonably necessary or expedient;

g.

To transfer the direction, personnel, or functions of city departments and agendes for the purposes of performing or facilitation emergency services;

h.

To appropriate and expend funds, execute contracts, authorize the acquisition of property, equipment, services, supplies, and materials without the strict compliance with normal city procurement procedures;

i.

To accept services, gifts, grants and loans, equipment, supplies, and materials whether from private, nonprofit, or goverhmental sources;

j.

To make such special provisions for the health and safety of animals as may be necessary and feasible;

k.

To make application for local, state, or federal assistance;

l.

To establish a curfew during such hours of the days or nights that shall affect categories of persons as may be designated in a curfew order; and

m.

To close or cancel the use of any city-owned or operated building or other public facility.

(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 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.

(Ord. No. 2011-14, § 6, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

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 2.100.060(a)(6)(c), 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.

(Ord. No. 2011-14, § 7, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

The city disaster council shall be responsible for the development of the city's 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.

(Ord. No. 2011-14, § 8, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

Any expenditure 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.

(Ord. No. 2011-14, § 9, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

It shall be a misdemeanor, punishable by a fine of not to exceed $1,000.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:

(1)

Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter.

(2)

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 give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.

(3)

Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state or by the city.

(Ord. No. 2011-14, § 10, 12-14-2011; Ord. No. 25-13, § 1(Exh. A), 11-12-2025)

To provide for the continuance of the legislative and executive departments of the city during a state of war emergency or a state of emergency or a local emergency the City Council shall have the power to appoint standby officers in accordance with the California Emergency Services Act, Government Code Sections 8635-8644. In the event that all members of the city council, including all standby members, are unavailable, temporary officers may be appointed as provided in Government Code Section 8644.

(Ord. No. 25-13, § 1(Exh. A), 11-12-2025)