Chapter 2.32 — EMERGENCY MANAGEMENT

The declared purposes of this chapter are to provide for the preparation and utilization 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. 95-2 § 1 (part); prior code § 6-201)

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 fire, flood, storm, hazardous materials spill, riot, 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. 95-2 § 1 (part); prior code § 6-202)

The Orinda Emergency Management Group is created and shall consist of the following: A. The City Manager, who shall chair the group as the Emergency Manager; B. Another employee of the City of Orinda designated by the City Manager; C. The Chief of each Emergency Services Functional Area, as defined in the Emergency Plan; and D. Any other individual who, by virtue of special qualifications, is designated a member of the Emergency Management Group by the City Manager. (Ord. 95-2 § 1 (part); prior code § 6-203; Ord. No. 18-01, § 2(Exh. A), 2-20-18)

A. The Orinda Emergency Management Group shall conduct training and exercises not less than annually, conduct damage assessment, develop situation analyses, direct those resources usually under their control, integrate recommendations for priorities in managing; emergencies, coordinate recommendations for the employment of resources including mutual aid resources, and provide such other staff services to the City Manager as may be required. B. The Chiefs of each Emergency Services Functional Area shall plan, prepare and respond to emergencies as provided in the Emergency Plan and participate in the Emergency Management Group.

(Ord. 95-2 § 1 (part); prior code § 6-204)

The Emergency Management Group is organized into Emergency Services Functional Areas, as designated in the Emergency Plan. (Ord. 95-2 § 1 (part); prior code § 6-205)

Editor's note— Ord. No. 18-01, § 2(Exh. A), adopted Feb. 20, 2018, deleted § 2.32.060 entitled "Neighborhood Council membership and meetings," which derived from: Ord. 95-2 § 1 (part); and prior code § 6-206.

Editor's note— Ord. No. 18-01, § 2(Exh. A), adopted Feb. 20, 2018, deleted § 2.32.070 entitled "Neighborhood Council powers and duties," which derived from: Ord. 95-2 § 1 (part); and prior code § 6- 207.

Editor's note— Ord. No. 18-01, § 2(Exh. A), adopted Feb. 20, 2018, deleted § 2.32.080 entitled "Neighborhood Council organization," which derived from: Ord. 95-2 § 1 (part); and prior code § 6-208.

A. The Emergency Manager may: 1. Proclaim a local emergency and proclaim the existence or threatened existence of a local emergency. Whenever a local emergency is proclaimed by the Emergency Manager, the City Council shall take action to ratify the proclamation within seven days, or it shall have no further force or effect; 2. Request the Contra Costa County Administrator or the Governor to proclaim a state of emergency when, in the judgment of the Emergency Manager, the locally available resources are inadequate to cope with the emergency. B. The Emergency Manager, or his or her designee(s), shall: 1.

Control and direct the efforts of the emergency organization of the city to accomplish the purposes of this chapter; 2. Direct coordination and cooperation between staff and services of the emergency organization of the city, and resolve questions of authority and responsibility that may arise between staff; 3. Represent the city in all dealings with public or private agencies in matters pertaining to emergencies; 4. Review and approve emergency plans; and 5. Perform other emergency-related duties assigned by the City Council. C. In the event of the proclamation of a local emergency, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the Contra Costa County Administrator or the existence of a state of war emergency, the Emergency Manager may: 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, that such rules and regulations must be confirmed at the earliest practicable time by the City Council; 2. 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. Require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in Contra Costa County or the existence of a state of war emergency, to command the aid of as many citizens in the Orinda community as he or she deems necessary in the execution of his or her duties, such persons to be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; 4. Requisition necessary personnel or material from any city department or agency; 5.

Execute all ordinary powers of the City Manager, all of the special powers conferred upon him or her by this chapter, or by City Council resolution or by the City Emergency Plan adopted by the City Council, and all powers conferred by statute, by an agreement approved by the City Council, or by any other lawful authority. D. The succession of the office of Manager of Emergency Services shall be: 1. City Engineer/Public Works Director; 2. Police Manager. This succession shall take effect in the event the Emergency Manager is unable or unavailable to perform duties during an emergency. (Ord. 95-2 § 1 (part); prior code § 6-209); Ord. No. 18-01, § 2(Exh. A), 2-20-18)

All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, including but not limited to members of the Emergency Management Group and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Subsection 2.32.090.C.3, or charged with duties incident to the protection of life and property in the city during an emergency, constitute the emergency organization of the city. The emergency organization is subject to the direction of the Emergency Manager. (Ord. 95-2 § 1 (part); prior code § 6-210; Ord. No. 18-01, § 2(Exh. A), 2-20-18)

The Orinda Emergency Management Group shall develop the Orinda Emergency Plan, which shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet each 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 Emergency Plan shall take effect upon adoption by the City Council. (Ord. 95-2 § 1 (part); prior code § 6-211)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six months, or both, for any 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 pursuant to this chapter, or in the performance of any duty imposed by this chapter; B. Violate a lawful rule or regulation issued under this chapter, if such act is likely 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 city or other government agency responding to the emergency. (Ord. 95-2 § 1 (part); prior code § 6-212)