Los Altos Municipal Code Ch. 2.28 Disaster Council and City Emergency Organization

Editor's note— Ord. No. 2018-443, § 1, adopted March 27, 2018, amended Ch. 2.28 by changing the title from "Emergency Plan" to "Disaster Council and City Emergency Organization."

The purposes of this chapter are to provide for the preparation and carrying out of plans for emergencies to persons and property within the city in the event of a disaster and to provide for the coordination of the emergency functions of the city with all other public agencies and affected private persons, corporations, and organizations. Any expenditure made in connection with such 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.

(Prior code § 3-1.01)

The Los Altos Disaster Council shall be responsible for the development of the emergency plan, which plan shall provide for the effective mobilization of all the resources of this jurisdiction, 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. The City of Los Altos Emergency Operations Plan, as amended, is hereby adopted by reference as if fully set forth in this chapter and shall have the full force and effect of law for the purposes set forth therein.

(Prior code § 3-1.02)

(Ord. No. 2018-443, § 2, 3-27-2018)

It shall be a misdemeanor for any person during an emergency:

A.

To willfully obstruct, hinder, or delay any emergency service worker 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.

To 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; or

C.

To wear, carry, or display, without authority, any means of identification specified as being authorized for emergency service workers.

(Prior code § 3-1.03)

As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but 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, requiring the combined forces of other political subdivisions to combat.

(Ord. No. 2018-443, § 3, 3-27-2018)

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

A.

The director of emergency services, who shall be chair.

B.

The assistant director of emergency services who shall be vice chair.

C.

The chief of police.

D.

The director of public works.

E.

The mayor or city council designee.

F.

Such other persons appointed by the director.

(Ord. No. 2018-443, § 3, 3-27-2018)

It shall be the duty of the Los Altos 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 at least once per year, upon call of the chair or, upon call of the vice chair (in the absence of the chair). The disaster council shall comply with the California Emergency Services Act and abide by the California Disaster and Civil Defense Master Mutual Aid Agreement. The disaster council agrees to follow established rules and regulations relating to the various classes of disaster service workers, scope of duties of each class, and manner of registration pursuant to the provisions of Government Code § 8585.5.

(Ord. No. 2018-443, § 3, 3-27-2018)

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. The assistant city manager or an individual appointed by the director of emergency services shall be the assistant director of emergency services. When the director of emergency services is not available, the assistant director of emergency services shall become acting director and assume the duties of the director.

(Ord. No. 2018-443, § 3, 3-27-2018)

A.

The director is hereby empowered to:

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.

Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the circumstances are beyond the city's capacity to adequately respond to or recover from the emergency.

Control and direct the effort of the City of Los Altos emergency organization for the accomplishment of the purposes of this chapter. This responsibility will include the registration, supervision and direction of disaster service worker volunteers within the city.

Direct cooperation between and coordination of services and staff of this emergency organization; and resolve questions of authority and responsibility that may arise between them.

Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

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 existence of a "state of war emergency," the director is hereby empowered:

a.

To make and issue 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 jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use;

c.

To require emergency services of any officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many residents of this 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 service workers;

d.

To requisition necessary personnel or material of the departments or agencies; and

e.

To execute all ordinary power as City Manager, all of the special powers conferred by this ordinance or by resolution or emergency plan pursuant hereto adopted by the governing body, all powers conferred by any statute, by any agreement approved by the governing body, and by any other lawful authority.

B.

The assistant director is hereby empowered to:

Under the supervision of the director and with the assistance of emergency service chiefs, to develop emergency plans and manage the emergency programs of this jurisdiction;

Act on behalf of the disaster council to approve Los Altos Disaster Service Worker Volunteer training and exercises and to coordinate with the appropriate agencies and organizations;

Have such other powers and duties as may be assigned by the director.

(Ord. No. 2018-443, § 3, 3-27-2018)

All officers and employees, 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 2.28.080A.6.c. of this chapter, be charged with duties incident to the protection of life and property during such emergency, shall constitute the emergency organization of the City of Los Altos.

(Ord. No. 2018-443, § 3, 3-27-2018)

If any provision of this chapter or the application thereof to any person or circumstances 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.

(Ord. No. 2018-443, § 3, 3-27-2018)