Lafayette Municipal Code Ch. 8-3 Emergency Preparedness

The purposes of this chapter are to:

(a) Provide for the preparation and implementation of plans for the protection of persons and property within the city in the event of a natural disaster or other emergency;

(b) Provide for the organization, mobilization, and coordination of a city emergency preparedness commission;

(c) Establish lines of authority, responsibilities, and functions between the operations of government, public and private, agencies, organizations and citizens within neighborhoods, whose resources are necessary to provide emergency needs;

(d) Establish a basis for procedures which will provide for emergency resources management and local implementation of the Contra Costa County and the state of California Emergency Resources Management Plans.

(Ord. 426 § 1 (part), 1994)

In this chapter, unless the context otherwise requires:

(a) "Emergency" means 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 environmental hazard, fire, flood, storm, slide, epidemic, riot, earthquake or other conditions, including those resulting from war or imminent threat of war.

(b) "Emergency plan" means a comprehensive plan adopted by the city council which provides for mobilization of city resources, both public and private, in the event of a local emergency, state of emergency, or state of war.

(Ord. 426 § 1 (part), 1994)

An emergency preparedness commission is established.

(Ord. 426 § 1 (part), 1994)

(a) The emergency preparedness commission consists of seven members that are seven residents of the city appointed by the city council, who by experience, training, education, occupation or avocation have demonstrated talent and interest in emergency preparedness and disaster relief.

(b) Stand-by officers to the city council, who provide for the preservation of local government in the event of a declared emergency, are nonvoting, ex officio members of the commission. (Ord. 572 § 1, 2008: Ord. 443 § 1, 1995: Ord. 426 § 1 (part), 1994)

(Ord. No. 611, § 1, 9-10-2012)

The commission members shall designate the chair and/or vice-chair of the commission from among the membership. Each chair and vice-chair term shall be one year and until the successor of each is appointed and qualified.

(Ord. 572 § 2, 2008: Ord. 426 § 1 (part), 1994)

(a) The term of office of each voting member selected on the basis of residency and experience as provided in Section 8-304(a) is two years. Each member serves until a successor is appointed.

(b) A city council member serves a term of one year and may be reappointed for successive terms.

(c) The mayor, the city manager and other city staff who serve in an ex officio capacity serve as long as each holds the position which qualifies him or her for membership on the commission.

(Ord. 426 § 1 (part), 1994)

(Ord. No. 627, § 7, 1-13-2014)

A member may be removed from the commission by a majority vote of the city council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.

(Ord. 426 § 1 (part), 1994)

Members of the emergency preparedness commission serve without compensation. The city manager and city staff members who serve on the commission continue to receive their regular compensation as city employees.

(Ord. 426 § 1 (part), 1994)

The commission shall provide by resolution for the time and place for holding regular public meetings, the appointment of its officers and their duties, and such rules as it considers necessary for the conduct of business and the performance of its powers and duties. Meetings shall be open to the public and noticed as required by law.

(Ord. 426 § 1 (part), 1994)

A majority of the voting members of the commission constitute a quorum for the transaction of business.

(Ord. 426 § 1 (part), 1994)

(a) There is created the office of director of emergency services. The city manager serves as the director of emergency services.

(b) There is created the office of assistant director of emergency services. The director shall appoint the assistant director of emergency services.

(Ord. 426 § 1 (part), 1994)

The commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations.

(Ord. 426 § 1 (part), 1994)

(a) It is the duty of the Lafayette city emergency preparedness commission to plan for and train those who will assist Lafayette citizens in time of an emergency as follows:

(1) Develop and recommend for adoption by the city council emergency and mutual-aid plans and agreements and ordinances, resolutions, and rules and regulations necessary to implement these plans and agreements;

(2) Develop a work plan and budget for each fiscal year and submit it to the city council for approval;

(3) Develop a plan to help neighborhoods help themselves including tasks such as: develop liaisons within each neighborhood and homeowners' association, make presentations to neighborhoods, encourage neighborhood associations to gather communal supplies, conduct CPR training and establish evacuation plans;

(4) Periodically review the city's emergency plan;

(5) Identify areas and structures that may have the potential for damage in an emergency;

(6) Aid in the establishment of communication networks;

(7) Assist in planning an annual disaster drill;

(8) Assist in publication of materials related to disaster preparedness plan;

(9) Compile an active list of volunteers who can be called upon to work in an emergency;

(10) Identify persons who may be in greater need of aid during an emergency;

(11) Confer with other agencies, jurisdictions, relief organizations, and other organizations involved in the emergency and disaster response and recovery process;

(12) Aid in the implementation of goals and policies related to emergency preparedness in the general plan.

(b) The commission members shall aid city staff by handling administrative tasks and act under the direction of the director of emergency services in an emergency.

(c) The commission members shall assist city staff, when requested, with the following general functions: care and shelter, communications, damage assessment, education, emergency public information, resources, fire and rescue, law enforcement and traffic control, medical, public works, schools, utilities and personnel operations.

(d) Commission members shall perform other duties and tasks as may be assigned by the city council.

(Ord. 426 § 1 (part), 1994)

(a) The mayor may:

(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. If the mayor proclaims a local emergency, the city council shall take action to ratify the proclamation within seven days thereafter. If the city council does not ratify the proclamation within seven days, the proclamation has no further force or affect;

(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the mayor, the locally available resources are inadequate to cope with the emergency.

(b) The director may:

(1) Request the mayor, vice-mayor or city council to proclaim the existence or threatened existence of a "local emergency." If the mayor and vice-mayor are inaccessible and members of the city council sufficient to constitute a quorum are inaccessible, the director may issue the proclamation. Whenever the director proclaims a local emergency, the city council and/or standby officers shall take action to ratify the proclamation within seven days thereafter. If the city council does not ratify the proclamation within seven days, the proclamation has no further force or effect;

(2) Request the governor to proclaim a "state of emergency" when the director is required to proclaim the existence or threatened existence of a local emergency and the locally available resources are inadequate to cope with the emergency;

(3) Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter;

(4) Direct cooperation and coordinate services among staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise between them;

(5) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies;

(6) If there is a proclamation of a "local emergency" a 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 may:

(A) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. However, the rules and regulations must be confirmed at the earliest practical time by the city council,

(B) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and bind the city for their fair value and, if required immediately, to commandeer the same for public use,

(C) Require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county or the existence of a "state of war emergency," command the aid of as many citizens of the community as considered necessary. Such persons are entitled to the privileges, benefits and immunities as are provided by state law for registered disaster service workers,

(D) Requisition necessary personnel or material of any city department or agency, and

(E) Execute the authority of the city manager, all of the special powers conferred upon the office by this chapter or by resolution or emergency plan adopted by the city council, all powers conferred by statute, by agreement approved by the city council, and by any other lawful authority.

(c) The director of emergency services shall designate the order of succession to that office to take effect if the director is unavailable to attend meetings and otherwise perform the duties during an emergency. The city council shall approve the order of succession.

(d) 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 has the powers and duties assigned by the director.

(Ord. 426 § 1 (part), 1994)

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 Section 8-314(b)(6)(C) and 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. 426 § 1 (part), 1994)

The emergency preparedness commission is responsible for the recommendation of revisions to the city emergency plan. The 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, state of war emergency. The plan shall also provide for the organization, powers and duties, services and staff of the emergency organization. The plan takes effect upon its adoption by resolution of the city council.

(Ord. 426 § 1 (part), 1994)

Expenditures made in connection with emergency activities, including mutual aid activities, are considered conclusively to be for the direct protection and benefit of the lives and property of the inhabitants of the city.

(Ord. 426 § 1 (part), 1994)

It is a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for a person, during an emergency, to:

(a) Wilfully obstruct, hinder or delay a member of the emergency organization in the enforcement of a lawful rule or regulation issued under this chapter, or in the performance of a duty imposed by virtue of this chapter;

(b) Do any act forbidden by a lawful rule or regulation issued under 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. 426 § 1 (part), 1994)