El Cerrito Municipal Code Ch. 2.28 Emergency Organization

The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property in the event of an emergency; the direction of the emergency organization; and the coordination of the city emergency functions with other public agencies, corporations, organizations and affected private persons.

(Ord. 92-2 Div. 2 (part), 1992.)

As used in this chapter, "emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the city. It could be caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, hazardous substance spill, industrial accident or earthquake. Other conditions which could cause the emergency result from war or imminent threat of war, but not from a labor controversy. The emergency conditions 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. 92-2 Div. 2 (part), 1992.)

A local emergency may be proclaimed by the council. Should the council not be in session, and should the timing for proclamation be critical, the mayor or the city manager may issue such proclamation. Whenever a local emergency is proclaimed by the mayor or the city manager, the council shall take action to ratify the proclamation within three days thereafter, or the proclamation shall have no further force or effect. The council will review the status of a proclaimed emergency at least weekly until it is terminated. It shall proclaim the termination of the emergency at the earliest possible date.

(Ord. 92-2 Div. 2 (part), 1992.)

A city disaster council is created. It consists of the following:

A. The mayor and the mayor pro tempore. The mayor or, in the mayor's absence, the mayor pro tempore, shall be chairperson;

B. The director of emergency services, who shall be vice chairperson;

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 this chapter;

E. Such representatives of civil 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 council.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be duty of the disaster council, and it is empowered, to develop and recommend for adoption by the council: emergency and mutual aid plans, agreements, and such ordinances, resolutions, rules and regulations as the disaster council believes to be necessary. The disaster council shall meet upon call of the chairperson, or, in the chairperson's absence from the city or inability to call such meeting, upon call of the vice chairperson.

(Ord. 92-2 Div. 2 (part), 1992.)

A. There is created the office of director of emergency services. The city manager shall be the director of emergency services.

B. There is created the office of assistant director of emergency services, who shall be appointed by the director of emergency services.

(Ord. 92-2 Div. 2 (part), 1992.)

A. The director of emergency services is empowered to:

1. Direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter;

2. Direct the coordination of services and staff of the emergency organization of the city and resolve questions of authority and responsibility that may arise among them;

3. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

4. 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 empowered:

a. To make and issue orders and regulations on matters related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations shall not remain in effect for longer than seventy-two hours unless confirmed by the 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 requested immediately, to commandeer the same for public use,

c. To require emergency services of city officers and employees,

d. To demand the aid of as many citizens of this community as deemed necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law to registered disaster service workers,

e. To requisition necessary personnel or material of any city department or agency, and

f. To execute all ordinary power as city manager, all of the special powers conferred by this chapter or by resolution or emergency plan adopted by the council, all powers conferred by any statute, by any agreement approved by the council, and by any other lawful authority.

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 the duties of that office during an emergency. Such order of succession shall be approved by the 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 the city, and shall have such other powers and duties as may be assigned by the director.

(Ord. 92-2 Div. 2 (part), 1992.)

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 Sections 2.28.070(A)(4)(c) of this chapter, may 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.

(Ord. 92-2 Div. 2 (part), 1992.)

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.

(Ord. 92-2 Div. 2 (part), 1992.)

The disaster council shall be responsible for 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. The emergency plan shall provide for the organization, powers and duties, services and staff of the emergency organization. Such emergency plan shall take effect upon adoption by resolution of the council.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, 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 chapter, or in the performance of any duty imposed upon him by virtue of this chapter;

B. 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 to imperil the lives or 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. 92-2 Div. 2 (part), 1992.)