Morgan Hill Municipal Code Ch. 2.44 Civil Disaster and Emergency Organization

Footnotes:

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Note— Prior ordinance history: Ord. 333 N.S.

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 the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons.

(Ord. 706 N.S. (IV-2-1.01), 1984)

As used in this chapter, "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 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 the city, requiring the combined forces of other political subdivisions to combat.

(Ord. 706 N.S. (IV-2-2.01), 1984)

The disaster council is created and shall consist of the following:

A. The mayor, who shall be chairman;

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

C. The assistant director of emergency services;

D. The chief of police, the director of public works and the fire chief;

E. Such other persons as may be appointed by the mayor with the advice and consent of the city council.

(Ord. 706 N.S. (IV-2-3.01), 1984)

It is the duty of the disaster council, and it is 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 absence from the city or inability to call such meeting, upon call of the vice-chairman.

(Ord. 706 N.S. (IV-2-4.01), 1984)

A. There is created the office of emergency services.

B. The responsibilities of the office of emergency services shall include:

1. The development of emergency plans with the assistance of the emergency service chiefs;

2. The day-to-day administration of the city's emergency preparedness program.

(Ord. 706 N.S. (IV-2-5.01), 1984)

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.

C. There is created the position of emergency services coordinator, who shall be appointed by the director.

(Ord. 706 N.S. (IV-2-6.01), 1984)

The director is empowered to:

A. 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;

B. 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;

C. Develop emergency plans with the assistance of emergency service chiefs for consideration by the disaster council, and manage the emergency programs of the city;

D. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter;

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 between them;

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

G. 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 is empowered to:

1. 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. In addition to any appropriation made to support activities contemplated by this section, the director is empowered to make expenditures from any fund legally available in order to deal with actual or threatened conditions of a state of war emergency, state of emergency, or local emergency,

3. To make expenditures to obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property, and, if required immediately, to commandeer the same for public use. Appropriations will be made to provide fair value compensation to the owner of any property commandeered during a state of emergency,

4. Require emergency services of any city officer or employee and, in the event of the proclamation of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers. Appropriations will be made to support such activities to the extent funds are available for that purpose,

5. Requisition necessary personnel or material of any town department or agency, and

6. Execute all his or her ordinary powers as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council, all powers conferred upon him or her by any statute, by an agreement approved by the city council, and by any other lawful authority.

(Ord. 1193 N.S. § 1, 1994: Ord. 706 N.S. (IV-2-7.01), 1984)

A. The assistant director will supervise the emergency services coordinator and perform other duties as assigned by the director.

B. The emergency services coordinator is responsible for the day-to-day administration of the office of emergency services.

(Ord. 706 N.S. (IV-2-8.01), 1984)

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 subsection (G)(3) of Section 2.44.070 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. 706 N.S. (IV-2-9.01), 1984)

A. At the second council meeting in January each year or as soon thereafter as may be practicable, the city council shall appoint five emergency standby council members. Emergency standby council members shall be selected from former members of the city council who agree to serve in that capacity during that year and to reside within the city of Morgan Hill during that year so long as they elect to participate as members of the emergency standby council. If insufficient numbers of former members of the city council are available or willing to serve, city council shall select emergency standby council members from current planning commissioners.

B. A member of the emergency standby council shall serve in that capacity from the date of appointment until the appointment of another emergency standby council the following year or until the member notifies the city clerk in writing that the member has elected to terminate participation in the emergency standby council. Each emergency standby council member shall take the oath of office required for the city council prior to assuming the position of emergency standby council member.

C. Each emergency standby council member appointed by the city council as described in section (a) shall have the duty during the term of that member's appointment to remain informed of the duties of city council members and the business and affairs of the city of Morgan Hill to the extent necessary to enable participation as a member of the city council upon appointment in the event of an emergency as provided hereafter.

D. In the event of the declaration of a state of war emergency, a state of emergency, or a local emergency as those terms are designated in Articles 12, 13, and 14 of Title 2 of the California Government Code and less than a quorum of the city council is available and a city council meeting is urgently required, the members of the emergency standby council shall be contacted for service. At that meeting, any city council members who are unavailable for duty at the time of that meeting as defined by section 8636 of the California Government Code (unavailable such as the member is either killed, missing; or so seriously injured as to be unable to attend meetings and otherwise perform the duties of office), shall be replaced by a member of the emergency standby council as necessary to reach five members. The order of selection of emergency standby council members shall be determined by council policy. The appointment of members of the emergency standby council to fill vacancies created by the unavailability of city council members at any time during a state of emergency shall be performed by city council, and additional emergency standby members shall be appointed during the state of emergency as required to maintain a total of five members on the city council.

E. Members of the emergency standby council who are appointed to serve as city council members shall serve in that position until replaced by a member of the city council who becomes no longer unavailable such that the addition of emergency standby council members is no longer necessary in order to constitute a quorum, until termination of the state of emergency, or until the election or appointment of a new regular city council member as provided by law.

(Ord. No. 2296 N.S., § 1, 2-6-2019)

The structure, duties and functions of the Morgan Hill emergency organization and the order of emergency succession to the position of director of emergency services shall be contained in the city emergency plan and adapted by resolution of the city council.

(Ord. 706 N.S. (IV-2-10.01), 1984)

It is the purpose of the city council in enacting this chapter to facilitate the rendering of mutual aid to and for the people of the city. Emergency plans adopted and approved by the city council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the county operational area.

(Ord. 706 N.S. (IV-2-11.01), 1984)

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. 706 N.S. (IV-2-12.01), 1984)

It is unlawful for any person during an emergency to:

A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter;

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter; or

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

(Ord. No. 2276 N.S., § 3, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 3, adopted May 2, 2018, amended § 2.44.130 in its entirety to read as herein set out. Former § 2.44.130 pertained to violations—penalties and derived from Ord. 706 N.S. (IV-2-13.01), adopted in 1984; and Ord. 1192 N.S., § 3, adopted in 1994.