Chapter 2.12 — EMERGENCY ORGANIZATION

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, the direction of the emergency organization, and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons.

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 this City caused by such conditions as earthquake, fire, flood, tsunami, storm, epidemic, or riot, 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.

The City has agreed to adopt and use the Standardized Emergency Management System (SEMS) in accordance with California Code of Regulations, Title 19, Section 2407 and thus will be eligible for state funding of response-related personnel costs pursuant to activities identified in California Code of Regulations, Title 19, Sections 2920, 2925, and 2930.

The City of Sand City has agreed to participate in the Monterey County Operational Area Emergency Management Organization. This is a partnership for exchanging disaster intelligence information, mutual aid requests and resource requests in emergencies, and for strengthening emergency preparedness through cooperative training and exercise activities. The Monterey County Operational Area will also serve as the coordination and communications link between the City of Sand City and the State of California, Office of Emergency Services, Coastal Region.

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

A. The City Manager, who shall be chairperson;

B. The Police Chief, who shall be vice-chairperson;

C. Such City department heads who have emergency responsibilities as are provided for in the emergency plan of the City. (Ord. 19-01 §2)

It shall be the duty of the members of the Sand City Disaster Council to support the City's disaster activities of preparedness, response, recovery, and mitigation, including participating in

training, exercises, and disasters, as feasible. The disaster council shall meet upon call of the chairperson or, in his or her absence from the City or inability to call such meeting, upon call of the vice-chairperson.

There is created the Office of Emergency Services (OES). This office shall develop and maintain the emergency operations plan for the City in accordance with the State's Standardized Emergency Management System, as well as a training program for City staff covering their responsibilities under the Sand City Emergency Plan. The City Manager shall be the Director of the Office of Emergency Services, the Police Chief shall be the Assistant Director of the Office of Emergency Services, and the Disaster Services Coordinator, appointed by the Police Chief, shall be responsible for day-to-day operation of the Office of Emergency Services. (Ord. 19-01 §2)

Coordinator.

A. The director is empowered to:

1. Request Sand 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 Monterey County Operational Area to 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;

3. Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this chapter;

4. 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;

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

6. 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 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 City for the fair

value thereof and, if required immediately, to commandeer the same for public use;

c. 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 or her duties; such persons shall be entitled to all privileges,
benefits, and immunities as are provided by state law for registered disaster
services workers;

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

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

B. 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 or her duties during an emergency. Such order of succession shall be approved by the City Council.

C. The assistant director shall be first in order of succession, and shall have such other powers and duties as may be assigned by the director.

D. The Disaster Services Coordinator shall be appointed by the Director of the Office of Emergency Services, and shall be the Emergency Program Manager. The Emergency Program Manager is the position in which authority is vested for everyday direction, supervision, and administration of the City's total emergency services program. This position must have direct line of communication and reporting authority to the Director of Emergency Services. The Disaster Services Coordinator is also responsible for any other duties assigned by the Director of the Office of Emergency Services. (Ord. 19-01 §2)

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 Section 2.12.080 of this chapter, 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 Sand City.

The Office of Emergency Services shall be responsible for the development of the City of Sand City 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 organizations. 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 Sand City.

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, or in the performance of any duty imposed upon him or her by virtue of this chapter.

B. 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 Sand 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 emergency agency of the state. (Ord. 17-04 §33)

If any provision of this chapter or the application thereof to any person or circumstance 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. 82-6 §1; Ord. 96-04 §1; Ord. 04-01)