Chapter 20 — DISASTER PREPAREDNESS AND

RESPONSE MANAGEMENT AND COORDINATION

Section

1-20-1 Purposes

1-20-2 Definitions

1-20-3 Duties of City Council

1-20-4 Disaster Council created

1-20-5 Proclamation of local emergency

1-20-6 Disaster Council meetings

1-20-7 Disaster Council; powers and duties

1-20-8 Emergency plan

1-20-9 Director; powers and duties

1-20-10 Director of Emergency Services; powers and duties

1-20-11 Emergency organization

1-20-12 Application of chapter; conflict with state law

1-20-13 Volunteers

1-20-14 Standardized emergency management systems (SEMS)

1-20-15 Expenditures

1-20-16 Imposition of curfew, prohibition of certain sales and suspension of certain business activities

1-20-17 Announcement and applicability of curfew

1-20-18 Penalty for violations during area curfew

1-20-19 Termination of curfew

1-20-20 Permission to perform essential public services

1-20-21 Continuity of government; emergency interim successors

1-20-22 Status, qualifications and term of emergency interim successors

1-20-23 Assumption of powers and duties of emergency interim successor

1-20-24 Temporary officers

1-20-25 Recording and publication

1-20-26 Violations

The declared purposes of this chapter are to empower certain city officials to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of a disaster or emergency, and to provide for coordination of the emergency services functions of the city and all other public agencies and affected private persons, corporations and organizations.

(Ord. 568, passed 5-6-2008)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY INCIDENT INJURY OR SICKNESS. Events or series of events which have occurred, or have threatened to occur, involving one or more key legislative, executive or administrative officials, who falls victim to an individual, concurrent or common injury or sickness from disasters caused by such conditions as enemy attack, riot, sabotage or other hostile actions; air pollution, fire, flood, storm, earthquake, epidemic or drought; sudden and severe energy shortage; plant or animal infestation; disease or other natural causes, which has or could disturb the usual and normal continuity of the city’s government.

EMERGENCY INTERIM SUCCESSOR. Person designated pursuant to this chapter for temporary succession to the powers and duties, but not the office, of a city officer in the event that such officer or any duly authorized deputy is unavailable which could disturb the usual and normal continuity of the city’s government.

LOCAL EMERGENCY. The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the county or the city, 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, which conditions 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, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

STATE OF EMERGENCY. 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, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

STATE OF WAR EMERGENCY. The condition, which exists immediately with or without a proclamation thereof by the Governor, whenever the state or nation is attacked by an 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.

UNAVAILABLE. Means either that a vacancy in the office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of vacancy) and his or her duly authorized deputy are either killed, missing or unable, for physical, mental or legal reasons, to attend meetings and otherwise exercise the powers or discharge the duties of the office. Any questions as to whether a particular officer is unavailable shall be settled by the City Council or any remaining members of said body (including those appointed as interim successors).

(Ord. 568, passed 5-6-2008)

(A) Whenever a state of war emergency, a state of emergency or a local emergency exists, the City Council shall meet as soon as possible. The place of meeting need not be within the political subdivision. The meeting may be called by the Mayor or by a majority of the members of the governing body. Should there be only one member of the City Council, he or she may call and hold said meeting and perform acts necessary to reconstitute the governing body.

(B) During a state of war emergency, a state of emergency or a local emergency that affects the city, the City Council shall:

1. Ascertain the damage to the political subdivision and its personnel and property. For this purpose it shall have the power

to issue subpoenas to compel the attendance of witnesses and the production of records;

2. Proceed to reconstitute itself by filling vacancies until there are sufficient officers to form the largest quorum required by

the law applicable to that political subdivision. Should only one member of the governing body or only one standby officer be available, that one member shall have power to reconstitute the governing body;

3. Proceed to reconstitute itself by appointment of qualified persons to fill vacancies; and

4. Proceed to perform its functions in the preservation of law and order and in the furnishing of local services.

(Ord. 568, passed 5-6-2008)

The Disaster Council is hereby created and shall consist of the following:

(A) City Manager, who shall be Chairperson and “Director” of the Disaster Council. All subsequent references to the “Director” shall mean the Chairperson and Director of the Disaster Council;

(B) Assistant City Manager, who shall be the Vice Chairperson and “Assistant Director” of the Disaster Council. All subsequent references to the “Assistant Director” shall mean the Vice Chairperson and Assistant Director of the Disaster Council. The Assistant Director shall act as the Director of the Disaster Council in the absence of the Director;

(C) The Chief of Police, who shall be the Director of Emergency Services;

(D) Cal fire captain;

(E) Public Works Director;

(F) City Attorney;

(G) Such officers, section chiefs of emergency services as are provided for in the current emergency plan of the city, adopted pursuant to this chapter; and

(H) Such representatives of civic, business, labor, veteran, professional or other organizations, having an official emergency responsibility as may be appointed by the Director of the Disaster Council.

(Ord. 568, passed 5-6-2008)

(A) 1. A local emergency may be proclaimed by the City Council or, if the City Council cannot be convened into session, by the Mayor, Director of the Disaster Council or Director of the Emergency Services.

2. If any person other than the City Council proclaims a local emergency, the proclamation shall expire unless ratified by

the City Council within seven days.

(B) The City Council shall review, at its regularly scheduled meetings, but in no event more than 21 days after the previous review, the need for continuing the local emergency, until the local emergency is terminated. In order to continue the local emergency, the City Council shall ratify the continuing existence of the local emergency.

(C) If the City Council meets weekly, it shall review the need for continuing the emergency, at least every 14 days until the local emergency is terminated.

(D) The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

(Ord. 568, passed 5-6-2008)

The Disaster Council shall meet upon the call of the Director or in the event that the Director is unavailable or unable to call such meeting, upon the call of the Assistant Director.

(Ord. 568, passed 5-6-2008)

(A) It shall be the duty of the city’s Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council the city’s emergency plan (see § 1-20-8 of this chapter) and to supply a copy of any plans developed pursuant to this section to the office of emergency services.

(B) The Disaster Council is hereby empowered to:

1. Develop and recommend for adoption by the City Council such ordinances, resolutions, rules and regulations as are

necessary to implement the emergency plan;

2. Develop and recommend for adoption by the City Council additional emergency and mutual aid plans and agreements

which may benefit the city during an emergency or assist in its response to an emergency;

3. Recommend to the Director of the Emergency Services rules and regulations for dealing with local emergencies that can

be adequately dealt with locally;

4. Act to carry out mutual aid on a voluntary basis; and

5. Supervise and register volunteers of the emergency organization.

(Ord. 568, passed 5-6-2008)

The Disaster Council shall be responsible for the development of the city’s emergency plan, which plan shall provide for the effective mobilization of all 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. 568, passed 5-6-2008)

(A) The Director of the Disaster Council is 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 Mayor to suggest that the Governor proclaim a state of emergency when, in the opinion of the Director of

the Disaster Council, the locally available resources are inadequate to cope with the disaster or 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 between, and coordination of, divisions, services and staff of the emergency organization of the city,

and to resolve questions of authority and responsibility that may arise; and

5. Represent the city, or designate representatives for the city, in all dealings with public or private agencies pertaining to

emergencies as defined in this chapter.

(B) In the event of the proclamation of a “local emergency” as provided by §1-20-5 of this chapter, the proclamation of a “state of emergency” by the President, Governor or the Director of the State Office of Emergency Services, or the existence of a “state of war emergency”, the Director of the Disaster Council or his or her designees, including the Director of the Emergency Services, are empowered to:

1. Make, issue and enforce orders, rules and regulations reasonably related to the protection of life and/or property, or the

preservation of public order and safety, as affected by such disaster or emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;

2. Obtain requisition services, materials, vital supplies, equipment and such other properties as are found lacking and

needed for the protection of the life and property of the people, and bind the city for the fair market value thereof, and if required immediately, to commandeer the same for public use;

3. Call upon appropriate county, state and federal officers for assistance;

4. Require emergency services of any city officer or employee and require any city official or employee to remain available

on a standby basis for regular and emergency service;

5. Recruit, retain, deputize and direct temporary personnel for the duration of the emergency, for the purpose of mitigating

the emergency, solely on the basis of the recruit’s ostensible ability to mitigate the emergency;

6. Command in the event of the proclamation of extreme emergency by the Governor for the region in which the city is located, the aid of as many citizens of this community as the Governor deems necessary in the execution of these duties. In the execution of these duties, such persons shall be entitled to all the privileges, benefits and immunities as are provided by state law for registered disaster services workers;

   7. Requisition necessary personnel or material of any city department or agency;

   8. Represent the city in dealings with public or private agencies on matters pertaining to disasters or emergencies; and

   9. Exercise all ordinary powers of the City Manager, all of the special powers conferred by this chapter, by any provision of state or local law, by any agreement approved by the City Council, or by resolution or emergency plan adopted pursuant hereto by the City Council, and by any other lawful authority.

(Ord. 568, passed 5-6-2008)

The Director of the Emergency Services is hereby empowered, and shall under the supervision of the Director:

(A) Develop and recommend for adoption by the City Council emergency and mutual aid plans and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements, and to manage the emergency programs of the city;

(B) Be responsible for routine disaster preparedness activation including emergency management training for city personnel, coordination of emergency planning, maintenance of emergency management equipment and facilities, and public education in the area of disaster and emergency preparedness;

(C) Represent the city in all dealings with public or private agencies on matters pertaining to disasters or emergencies as defined in this chapter when requested to do so by the Director;

(D) Control and direct the efforts of the emergency organization of the city to accomplish the purposes of this chapter; and

(E) 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.

(Ord. 568, passed 5-6-2008)

All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster or emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of this chapter, 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. 568, passed 5-6-2008)

The following general provisions apply to proclamations, rules, orders or regulations made and issued pursuant to this chapter.

(A) Rules, orders and regulations issued pursuant to this chapter shall remain in effect for the period specified in the declaration of emergency, but no rule, order or regulation shall remain in effect for more than seven days unless confirmed and ratified by the City Council.

(B) All rules, orders and regulations made and issued pursuant to this chapter, and any amendment or rescission thereof,

shall be in writing, shall be available for inspection at the place and during hours fixed by the Director, and shall be given widespread publicity and notice as follows:

1. By publication in a newspaper of general circulation or, where publication is not necessary by posting on the three

official bulletin boards of the city;

2. By posting in a conspicuous place near the city limits at each public street into the city; and

3. By such other means determined by the Director.

(C) This chapter shall not be construed so as to conflict with any state or federal statute, rule, regulation or order relating to conditions in the city during the effectiveness of such proclamations or orders.

(Ord. 568, passed 5-6-2008)

(A) All persons, other than officers and employees of the city, volunteering services pursuant to the provisions of this chapter, shall serve without compensation from the city.

(B) While engaged in such services, they shall enjoy the same immunities as officers and employees performing similar emergency duties.

(Ord. 568, passed 5-6-2008)

The city hereby adopts the state’s standardized emergency management system (SEMS) to manage emergency response and recovery activities.

(Ord. 568, passed 5-6-2008)

Any lawful 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. 568, passed 5-6-2008)

Where necessary to prevent activity that may imperil lives or property or prevent, hinder or delay defense or protection of the city, the City Council, Mayor, Director of the Disaster Council or Director of the Emergency Services shall have the power and authority to make, issue and enforce rules, orders or regulations reasonably related to the protection of life and/or property, or the preservation of public order and safety, during all or any portion of the day in the area where the disaster or emergency exists, or throughout all or any part of the city, including, but not limited to, the following:

(A) An order imposing curfew;

(B) An order prohibiting or restricting the sale of any alcoholic beverage in or from any business in all or a portion of the city;

(C) An order suspending the operation of all or any part of a business establishment where there is sold any alcoholic beverage, firearm, dangerous weapons, ammunition, explosive, gasoline, or flammable material or liquid; as well as suspend the operation of any other activity which in the opinion of the Mayor, Director of the Disaster Council or Director of the Emergency Services would hinder, hamper or impede efforts to control and terminate the emergency; and

(D) An order prohibiting access to, travel along, or egress from any public or private street, highway or road within the city.

(Ord. 568, passed 5-6-2008)

(A) The Mayor, Director of the Disaster Council or Director of the Emergency Services, for and on behalf of the city, shall announce that an emergency has been declared and that a curfew has been imposed. The announcement shall state the type of curfew imposed, whether total or not, and shall give a description of the area, or areas, of the city which it affects. If the sale or distribution of any material has been prohibited pursuant to this chapter or if the operation of any business establishment has been suspended pursuant to this chapter, the announcement shall also describe the materials and businesses and the area, or areas of the city immediately affected thereby. Announcement shall be given the widest possible dissemination through all the information media of press, television and radio, as well as by sound trucks and police vehicles.

(B) Persons going to or coming from attending to any public utility, health or emergency service or duly authorized by any news service, newspaper, radio or television, or network to gather or report the news shall not be subject to any curfew ordered under this chapter.

(Ord. 568, passed 5-6-2008)

(A) During the time and times in the area or areas that a curfew has been imposed and is in force, it shall be an infraction for any unauthorized person to willfully and knowingly be or remain in an area closed or engage in any activity prohibited by the curfew.

(B) Any unauthorized person who willfully and knowingly engages in an activity prohibited by the curfew or enters an area closed pursuant to this chapter and who willfully remains within the area after receiving notice to evacuate or leave and/or willfully engages in an activity prohibited by the curfew after receiving notice to stop the activity, shall be guilty of a misdemeanor.

(Ord. 568, passed 5-6-2008)

When the City Council, Mayor, Director of the Disaster Council or Director of the Emergency Services has determined that conditions permit, he or she shall terminate any curfew imposed and rescind any other orders issued pursuant to this chapter. The curfew may be terminated or rescinded totally or partially. The termination, either total or partial, may apply to any part or all of an area affected by a curfew order.

(Ord. 568, passed 5-6-2008)

The Director of the Disaster Council, Director of the Emergency Services or their designees may grant permission to any person to engage in activities otherwise prohibited in accordance with this chapter in order to perform or do anything necessary to the preservation of life or property, to the maintenance of law and order, or to the maintenance of essential public facilities or services.

(Ord. 568, passed 5-6-2008)

(A) Management employees. The City Manager shall designate for appointive officers an interim emergency successor for each management position.

(B) Legislative officials. The normal succession of office for legislative officials shall be:

1. Mayor to Mayor Pro Tempore;

2. Mayor Pro Tempore to the remainder of the City Council in the order of longest to least tenure. Longest tenure is to be

calculated as the total length of consecutive service as a City Council member;

3. In the event of two or more members having equal tenure, the order of succession shall be determined on the basis of

the largest number of votes received at the most recent municipal election; and

4. Should the Mayor and all members of the City Council be incapacitated or otherwise unable to perform their duties for

any reason, and until such time as they are able to resume their duties, or until a normal process of appointment or election can provide successors in order to assure the continuity and availability of governmental services, the succession for administrative purposes shall continue to the City Manager, Assistant City Manager and administrative heads of departments or their successors. The order of succession shall continue as follows:

(a) City Manager;

(b) Assistant City Manager;

(c) Police Chief;

(d) Public Works Director; and

(e) Community Development Director.

(Ord. 568, passed 5-6-2008)

(A) Qualifications.

1. No person shall be designated to serve as an emergency interim successor unless he or she may under the Constitution

and statutes of this state and the ordinances of the city, hold the office of the person to whose powers and duties he or she is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this city from holding another office shall be applicable to an emergency interim successor.

2. No person shall serve as an emergency interim successor unless and until he or she has taken an oath of office

required for the officer occupying the office for which he or she stands by.

(B) Status of emergency interim successor. A person designated as an emergency interim successor holds that designation

at the pleasure of the designator and may be removed and replaced at any time with or without cause; provided, that he or she must be replaced if removed. He or she retains this designation as emergency interim successor until replaced by another appointed by the authorized designator.

(Ord. 568, passed 5-6-2008)

(A) In the event that any official named in §1-20-21 of this chapter is unavailable due to a state of emergency, war emergency, local emergency or emergency incident or sickness, his or her emergency interim successor highest in rank in order of succession who is available shall fill the post for which he or she has been appointed and shall exercise the powers and discharge the duties of such officer until a successor is appointed to fill such vacancy, until the regular officer becomes available, or until the election or appointment of a new regular officer.

(B) Each interim successor shall have the following duties:

1. To inform himself or herself, with the assistance of the officers and employees of the city, of the duties of the office for

which the officer stands by;

2. To keep informed of the business and affairs of the city to the extent necessary to fill his or her post competently; and

3. To immediately report himself or herself ready for duty in the event of a state of war emergency, or in the event of a

state of emergency, or a local emergency at the place and in the method previously designated by the city.

(Ord. 568, passed 5-6-2008)

Should all members of the governing body, including all standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a standby member becomes available or until the election or appointment of a new regular or standby member. Temporary officers shall be appointed as follows:

(A) By the Chairperson of the Board of Supervisors of the county in which the political subdivision is located, and if he or she is unavailable;

(B) By the Chairperson of the Board of Supervisors of any other county within 150 miles of the political subdivision, beginning with the nearest and most populated county and going to the farthest and least populated, and if he or she is unavailable; and

(C) By the Mayor of any city within 150 miles of the political subdivision, beginning with the nearest and most populated city and going to the farthest and least populated.

(Ord. 568, passed 5-6-2008)

(A) The name, address and position of each duly authorized emergency interim successor shall be filed with the City Clerk.

(B) The City Clerk shall keep on file all such data regarding duly authorized emergency interim successors and it shall be open to public inspection.

(Ord. 568, passed 5-6-2008)

(A) It shall be unlawful 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 order, rule

or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter;

2. Perform 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 of lives or property of inhabitants of the city; and

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

the city.

(B) Each violation of this chapter is a misdemeanor, unless otherwise specified as an infraction, punishable as set forth in this code. A violation which also constitutes a public nuisance, may be abated in accordance with the provisions of this code.

(Ord. 568, passed 5-6-2008)