Monte Sereno Municipal Code Ch. 2.06 Emergency Organization and Functions

The declared purposes of this Chapter are 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.

"Emergency" defined, as used in this Chapter, shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City 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 of this City, requiring the combined forces of other political subdivisions to combat. Also included within the term "emergency" are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 et seq. of the Government Code, including "state of war emergency," "state of emergency" and "local emergency."

1. "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this 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.

2. "State of emergency" means 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 environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot, or 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, of any single County, City and County, or City, and require the combined forces of a mutual aid region or regions to combat.

3. "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a County, City and County, or City, caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or 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 the combined forces of other political subdivisions to combat.

A. "Emergency Operations Center (EOC)" means a location from which centralized emergency management can be performed.

B. "Emergency Response Agency" means any organization responding to an emergency, whether in the field, at the scene of an incident, or to an EOC, in response to an emergency, or providing mutual aid support to such an organization.

C. "Emergency Response Personnel" means personnel involved with an agency's response to an emergency.

D. "Emergency Services" means all activities carried out pursuant to the California Emergency Services Act.

E. "Expenditures" means any expenditures made in connection with the 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.

F. "Incident" means an occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources.

G. "City Emergency Organization" means all officers and employees of the City, together with those volunteer forces registered to aid them during a duly proclaimed emergency, and all groups, organizations and persons who may by agreement or operation of law, be charged with duties incident to the protection of life and property in the City of Monte Sereno during such emergency shall constitute the City Emergency Organization. All employees of the City of Monte Sereno are designated as Disaster Service Workers pursuant to California Government Code 3100. The City Emergency Organization shall organize its response using the California Standardized Emergency Management System (SEMS).

H. "Peacetime Emergencies" means the City of Monte Sereno is signatory to the Santa Clara County Operational Area Interim Agreement which calls for the sharing of information and resources during emergencies. The County of Santa Clara and fifteen (15) cities signed this agreement in April 1995.

In the event of a major non-war emergency, the Santa Clara County Operational Area Organization may be activated in whole or in part to serve all or a portion of Santa Clara County upon request of the governing bodies of the affected jurisdictions or their authorized officials and with the concurrence of the Chair of the Board of Supervisors, County Executive, or their designee.

I. "State of War Emergency" is pursuant to the provisions of the California Emergency Services Act, the Santa Clara County Operational Area Organization is created to serve in a "state of war" emergency as a link in the system of communications and coordination between the States emergency operating centers and the emergency operating centers of the County, special districts, and cities comprising the Operation Area.

J. "Standardized Emergency Management System (SEMS)" is the adopted Emergency Management System in the City of Monte Sereno. The Standardized Emergency Management System (SEMS) utilizes the Incident Command System (ICS), Multi/interagency coordination, Mutual Aid, and the Operation Area concept to facilitate priority setting, interagency cooperation and the efficient flow of resources and information during an emergency.

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

The Mayor, who shall be chair.

A. The City Manager, who shall be Vice Chair.

B. The Assistant Director of Emergency Services.

C. Such Chiefs of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant to this Chapter.

D. Such representatives of 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.

It shall be the duty of the Monte Sereno 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 Chairman or, in his or her absence from the City or inability to call such meeting, upon call of the Vice Chairman.

There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

A. There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director.

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 (7) days thereafter or the proclamation shall have no further force or effect.

A. 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.

B. Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this Chapter.

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

D. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

E. 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 Director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered:

1. 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;

2. 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;

3. 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 this City is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he or she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;

4. To requisition necessary personnel or material of any City department or agency; and,

5. To execute all of his/her ordinary power as City Manager, all of the special powers conferred upon him/her by this Chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any statute, by any agreement approved by the City Council, and by any other lawful authority.

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 his duties during an emergency.

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 Subparagraph (3) of Subsection (f) of Section 2.06.060 of this Chapter, 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 of Monte Sereno.

The Monte Sereno Disaster Council shall be responsible for the development of the City of Monte Sereno 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.

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 of Monte Sereno.