Santa Clara County Municipal Code Div. A8 Civil Protection and Emergency Management

Footnotes:

--- (1) ---

Editor's note— Ord. No. NS-300.935, adopted Feb. 26, 2019, amended Div. A8 in its entirety to read as herein set out. Former Div. A8 pertained to civil protect and emergency services, consisted of §§ A8-1—A8-31, and derived from Ord. No. NS-300.600, adopted May 13, 1997; Ord. No. NS-300.778, adopted Mar. 20, 2007; and Ord. No. NS-300.863, adopted June 25, 2013.

State Law reference— Emergency Services Act, Government Code § 8550 et seq.

This Division shall be known as and may be cited as the "Emergency Management Ordinance."

(Ord. No. NS-300.935, § 1, 2-26-19)

The declared purposes of this Division are to provide for the preparation and carrying out of plans for the protection of persons, property, and the environment within Santa Clara County in the event of an emergency; the establishment, coordination, and direction of the County of Santa Clara Emergency Organization; the establishment, coordination and direction of the Santa Clara County Emergency Operational Area Council; the establishment, coordination and direction of the Office of Emergency Management; and the coordination of the emergency functions of this County with all other public agencies, corporations, organizations, and affected private persons.

(Ord. No. NS-300.935, § 1, 2-26-19)

In addition to the provisions of Division A1, the following terms as used in this section shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

(a) Emergency, including a state of war emergency, state of emergency, and local emergency, shall have the meanings set forth in Government Code § 8558.

(b) Emergency Operations Center ("EOC") means a location from which centralized emergency management is performed.

(c) Emergency Response Agency means any governmental agency or 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, and may include, but is not limited to, emergency response services such as Fire, Law Enforcement, Emergency Medical, and Public Health.

(d) Emergency Response Personnel means personnel involved with an agency's response to an emergency and/or responsible for mitigation activities.

(e) Emergency Services means all activities carried out pursuant to the California Emergency Services Act, Gov. Code, § 8550 et seq.

(f) Incident means an occurrence or event, caused either by humans 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) Operational Area means the County and all local governmental entities within the County's geographical area. Under Government Code §§ 8559 and 8605, each county geographic area has been designated as an operational area to be used for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the State's EOCs and the EOCs of the local governmental entities comprising the operational area. This definition does not change the definition of Operational Area as used in the existing fire and rescue mutual aid system.

(Ord. No. NS-300.935, § 1, 2-26-19)

All employees of the County of Santa Clara are designated as disaster service workers under Government Code § 3100 et seq. All officers and employees of the County, 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 by operation of law, including persons impressed into service under the provisions of Government Code § 8585.5 and Section A8-11(f)(3) of this Division, be charged with duties incident to the protection of life, property, or environment in the Operational Area during such emergency, shall constitute the County Emergency Organization.

The County Emergency Organization also includes the American Red Cross, members of the Collaborating Agencies' Disaster Relief Effort (CADRE), Civil Air Patrol, and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency.

(Ord. No. NS-300.935, § 1, 2-26-19)

The Operational Area is hereby created and shall consist of the County and all governmental entities within the County geographical area.

The Operational Area's eligibility for state reimbursement of response-related personnel costs under California's Standardized Emergency Management System (SEMS) shall not be affected by non-participation of any governmental entity within the Operational Area.

The County government shall serve as the lead agency of the Operational Area. In this capacity, the County shall:

Coordinate information, resources, and priorities among the governmental entities within the Operational Area.

Coordinate information, resources, and priorities between the local and regional levels. Coordination of mutual aid resources shall be accomplished as set forth in Section A8-7.

Use multi-agency or inter-agency coordination to facilitate decisions for overall Operational Area-level emergency response activities.

(Ord. No. NS-300.935, § 1, 2-26-19)

SEMS is the adopted emergency management system in the County. SEMS utilizes the Incident Command System (ICS), multi/interagency coordination, mutual aid, and the operational area concept to facilitate priority setting, interagency cooperation, and the efficient flow of resources and information during an emergency. The County Emergency Organization shall structure its response to any emergency using SEMS, and shall include the use of SEMS in all emergency plans and procedures.

(Ord. No. NS-300.935, § 1, 2-26-19)

The following coordinators are named for the purpose of coordinating emergency mutual aid requests made through established state procedures:

•

Behavioral Health mutual aid: County Director of Behavioral Health Services.

•

Building Inspector mutual aid: County Building Official.

•

Care and Shelter mutual aid: County Director of Social Services Agency.

•

Emergency Management mutual aid: County Director of Emergency Management.

•

Emergency Medical Services mutual aid: County Director of Emergency Medical Services.

•

Environmental Health mutual aid: County Director of Environmental Health.

•

Large Animal Evacuation and Animal Care mutual aid: County Director of Consumer and Environmental Protection Agency.

•

Fire and Rescue mutual aid: Chief, Santa Clara County Fire Department.

•

Law Enforcement mutual aid: County Sheriff.

•

Medical Examiner-Coroner mutual aid: County Medical Examiner.

•

Medical/Health mutual aid: County Public Health Officer.

•

Public Works mutual aid: County Director of Roads and Airports.

(Ord. No. NS-300.935, § 1, 2-26-19; NS-300.999, § 3, 6-17-25)

The County Executive shall be the Director of Emergency Services. The Chief Operating Officer or other individuals designated by the County Executive and approved by the Board shall serve as Director of Emergency Services during any temporary absence or disability of the County Executive.

(Ord. No. NS-300.935, § 1, 2-26-19)

State Law reference— Emergency Services Act, Government Code § 8550 et seq.

The Director of Emergency Services is hereby empowered to:

(a) Request the Board to proclaim the existence or threatened existence of a local emergency if the Board is in session, or to issue such a proclamation if the Board is not in session. Whenever a local emergency is proclaimed by the Director, the Board 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, locally available resources are inadequate to cope with the emergency.

(c) Control and direct the effort of the County Emergency Organization for the accomplishment of the purposes of this Division.

(d) Direct cooperation between and coordination of services and staff of the County Emergency Organization; and resolve questions of authority and responsibility that may arise between them.

(e) Represent this County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(f) 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 California Office of Emergency Services, or the existence of a state of war emergency, the Director is hereby empowered:

(1) Subject to Section A8-15, to make and issue rules and regulations on matters reasonably related to the protection of life, property, and/or the environment as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest possible time by the Board;

(2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life, property, and/or the environment, and to exercise the authority set forth in Section A34-79 in doing so; if required immediately, to commandeer the same for public use; and to make expenditures, binding the County for the fair value thereof;

(3) To require emergency services of any County officer or employee and, in the event of the proclamation of an emergency, to command the aid of as many citizens of this County as he or she deems necessary in the execution of his or her duties; provided that 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 County department or agency; and

(5) To execute all of the power of the County Executive, all of the special powers conferred upon him or her by this Division or by resolution or emergency plan pursuant hereto adopted by the Board, by any statute, by any agreement approved by the Board, and by any other lawful authority.

(6) This subsection shall be construed to grant the broadest powers permissible to the Director to effectively deal with a proclaimed emergency.

(g) During a proclaimed emergency, if none of the individuals designated pursuant to Section A8-8 is available, then the Director of Emergency Services shall establish an order of succession to that office, a copy of which shall be filed with the Clerk of the Board of Supervisors as soon as practicable.

(Ord. No. NS-300.935, § 1, 2-26-19)

The Director of Emergency Services shall be the Operational Area coordinator, with responsibility for coordinating mutual aid and inter-jurisdictional emergency operations, during state of war emergencies. Coordination will be exercised as prescribed in this Division and in approved emergency and mutual aid plans.

(Ord. No. NS-300.935, § 1, 2-26-19)

Subject to the primacy of acts of the Governor of California during a state of war emergency, the Director of Emergency Services is hereby empowered to direct cooperation between and to coordinate the emergency activities of governmental entities and emergency services within Santa Clara County, and to resolve questions of authority and responsibility that may arise between them. In exercising these powers, the Director shall be guided by emergency plans and mutual aid agreements, ordinances, resolutions, rules and regulations as may be adopted by the County.

(Ord. No. NS-300.935, § 1, 2-26-19)

All emergency measures taken by the Director of Emergency Services prior to the issuance of an official proclamation of emergency, or prior to any decision of the Board not to issue such proclamation, shall be legal and binding upon the County.

(Ord. No. NS-300.935, § 1, 2-26-19)

The Board shall review the need to continue a local emergency, either proclaimed by the Board or ratified by the Board following proclamation by the Director of Emergency Services, at the interval set forth in Government Code § 8630, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant.

(Ord. No. NS-300.935, § 1, 2-26-19)

The following personnel are authorized to activate the Operational Area EOC: The County Executive, Chief Operating Officer, County Director of Emergency Management, or other individuals authorized to act as Director of Emergency Services under Section A8-8.

(Ord. No. NS-300.935, § 1, 2-26-19)

The Board, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this Division, or the proclamation of a state of emergency or existence of a state of war emergency, specifically delegates to the Director of Emergency Services the authority to promulgate orders and regulations to provide for the protection of life, property, and the environment, where necessary to preserve the public order and safety. To have legal effect, all such orders and regulations must be in writing and signed by the promulgating official, and must be ratified at the next regular meeting of the Board.

(Ord. No. NS-300.935, § 1, 2-26-19)

Following the proclamation of a local emergency as authorized in this Division, the Director of Emergency Services may temporarily suspend enforcement of any County ordinance, rule, regulation, or policy, including those relating to the procurement of goods or services and any associated competitive bidding requirements and/or administrative processes, if he or she determines and declares that strict compliance with that ordinance, rule, regulation, or policy would prevent, hinder, or delay the response to the local emergency. All such actions shall be in writing and signed by the promulgating official, and must be ratified at the next meeting of the Board.

(Ord. No. NS-300.935, § 1, 2-26-19)

The County Office of Emergency Management shall be responsible for the development of the County Emergency Operations Plan (EOP), which shall provide for the use of SEMS and the effective mobilization of all of the resources of this County, 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 County Emergency Organization. Such plan shall take effect upon adoption by the Board.

The Office of Emergency Management shall be responsible for the development of all identified hazard and risk annexes in support of the EOP with the appropriate County agencies and governmental partners.

It shall be the responsibility of all EOC section chiefs and alternates to have a thorough knowledge of the EOP and to ensure that their respective supporting services and key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency.

(Ord. No. NS-300.935, § 1, 2-26-19)

An advisory Santa Clara County Emergency Operational Area Council (EOAC) is established for the Operational Area and shall consist of the following voting and non-voting members:

(1) A designated member of the Board of Supervisors.

(2) A designated member of the Santa Clara Valley Water District.

(3) A designated council member from the City of San José.

(4) A designated council member from the City of San José.

(5) A designated council member from one of the five West Valley cities (Cupertino, Los Gatos, Campbell, Saratoga, or Monte Sereno) or one of the two South County cities (Gilroy or Morgan Hill), nominated by the Santa Clara County Cities Association.

(6) A designated council member from the City of Milpitas, City of Sunnyvale, or the City of Santa Clara, nominated by the Santa Clara County Cities Association.

(7) A designated council member from one of the four northernmost cities (Palo Alto, Mountain View, Los Altos, or Los Altos Hills), nominated by the Santa Clara County Cities Association.

(8) The County Executive or his/her designee.

(9) A designated member of the Santa Clara County City Managers Association.

(10) A designated member of the Santa Clara County Police Chiefs Association.

(11) A designated member of the Santa Clara County Fire Chiefs Association.

(12) The County Public Health Officer.

(13) The County Director of Emergency Medical Services.

(14) The County Social Services Agency Director.

(15) The Valley Transportation Authority Chief Operating Officer.

(16) A designated representative of the Santa Clara County emergency management community who shall serve without a vote, nominated by the Santa Clara County Emergency Managers' Association.

Each member shall have a named alternate who shall be nominated and appointed in the same manner as the member.

For seats (1) through (7) and (9) through (11), the represented organization shall nominate a qualified individual and send notice of the nomination to the Clerk of the Board of Supervisors for appointment by the Board of Supervisors. For seat (8), the County Executive shall provide notice to the Clerk of the Board identifying if there is a designee. The Director of Emergency Management shall provide notice to the Clerk of the Board identifying the representative for seat (16).

The term of each member for seats (1) through (7), (9) through (11), and (16) shall be two years. Each member shall be eligible to serve multiple terms. A member and alternate's combined failure to attend three regular meetings in a single year without good cause as determined by the Chairperson will result in notification to the appointing authority, which may result in removal of the member or alternate.

A designee serving for the County Executive shall serve until the County Executive designates otherwise.

Membership for seats (12) through (15) are defined by the individual holding the listed position. Initial appointments and changes to the named individual for seats (12) through (15) shall be provided to the Clerk of the Board of Supervisors. Each member in seats (12) through (15) shall serve as long as the individual holds the qualifying position.

Alternates for seats (8) and (12) through (15) shall be provided to the Clerk of the Board of Supervisors in writing.

(Ord. No. NS-300.935, § 1, 2-26-19)

Editor's note— Boards and Commissions generally, Div. A6.

The Santa Clara County EOAC is an advisory body charged with the purpose to enhance planning and preparedness for large-scale emergencies; to create effective partnerships in emergency planning, preparedness, and training and exercise activities within the Operational Area; to consolidate activities of local governmental entities to participate more efficiently in planning for future emergencies and disasters; to provide access to public-private partners to participate in emergency planning and preparedness; and to discuss broad-based emergency preparedness and planning funding priorities and recommendations. The Santa Clara County EOAC serves as the County's Disaster Council.

(a) The roles and responsibilities of the Santa Clara County EOAC shall include:

(1) Electing a chair and vice-chair annually.

(2) Meeting at least quarterly or upon the call of the chair or, in the chair's absence from the County or inability to call a meeting, upon call of the vice-chair.

(3) Receiving information on operational area emergency and mutual aid plans, and disaster response policies and procedures, and discussing those plans as appropriate.

(4) Ensuring a unity of purpose in emergency plans, policies, and procedures.

(5) Fostering an effective flow of disaster information and emergency preparedness through training, uniformity in planning, and response plans and policies.

(6) Review annual training and exercise plans for County volunteer Disaster Service Worker (DSW) programs and recommend approval to the Board of Supervisors.

(b) The role of the Santa Clara County EOAC does not include:

(1) Operational powers during emergencies or disasters, including approval of deployment of staff and/or disaster service worker volunteers.

(2) Drafting and/or final adoption of emergency plans, policies, and procedures.

(3) Enforcement functions of emergency plans, policies, and procedures.

(4) Allocation of funds or authorization of expenditures.

(Ord. No. NS-300.935, § 1, 2-26-19)

The EOAC shall meet at least quarterly during the months of February, May, August, and November on a Thursday at 1:30 p.m. The EOAC shall approve the calendar year's schedule of regular meetings prior to the first meeting of that calendar year.

(Ord. No. NS-300.935, § 1, 2-26-19)

There is created within the Office of the County Executive the County of Santa Clara Office of Emergency Management (OEM). The County Director of Emergency Management shall be the Director of OEM.

(Ord. No. NS-300.935, § 1, 2-26-19)

The Director of Emergency Management shall:

(a) Coordinate emergency management activities in pre-emergency planning, during an emergency, and in post-emergency activities as the chief staff officer of the Director of Emergency Services.

(b) Represent the County in dealings with public and private agencies pertaining to emergency planning.

(c) Organize, develop and coordinate the County's participation in Operational Area emergency programs, working with County departments, governmental entities, supporting agencies, and volunteer groups.

(d) Prepare and maintain the basic emergency plans for the County and submit such plans to the Director of Emergency Services.

(e) Staff the EOAC.

(f) Serve as advisor on emergency preparedness matters to directors of emergency services of those cities that have by agreement contracted with the County for such services.

(g) Maintain 24-hour a day availability of on-call emergency management personnel for immediate response if called upon by the County.

(h) Exercise the County/Operational Area EOC in whole or part, at least annually.

(i) Perform other duties as may be assigned by the Director of Emergency Services.

(Ord. No. NS-300.935, § 1, 2-26-19)

Privately or publicly owned vehicles, while operated in the line of duty by Office of Emergency Management personnel responding to, but not returning from, emergency calls, are designated as authorized emergency vehicles under Vehicle Code § 2416(10).

Private vehicles must comply with California Code of Regulations Title 13, §§ 1120 through 1124, and be issued an authorized emergency vehicle permit under Vehicle Code § 165(f) prior to operation as authorized emergency vehicles.

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 Santa Clara County.

(Ord. No. NS-300.935, § 1, 2-26-19)

Beginning on the date when a local emergency is proclaimed by the Director of Emergency Services or a state of emergency is proclaimed by the Governor of the State of California, and ending 180 days after that date or 30 days after the date on which the local or state emergency is terminated, whichever is later, and within the geographic area of the County's jurisdiction (inclusive of incorporated areas) to which the local or state emergency proclamation applies, it shall be a misdemeanor, punishable by a fine not to exceed $5,000.00 per violation, or by imprisonment for not to exceed six months, or both—which fine shall be cumulative to any other remedy or penalty provided by law—for any person, contractor, business, or other entity to:

(a) Willfully obstruct, hinder, or delay any member of the County Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to this Division or in the performance of any duty imposed upon him or her by virtue of this Division.

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Division, if that act gives or is likely to give assistance to the enemy (during a state of war emergency), or to imperil the lives, property, or environment of inhabitants of this County, or to prevent, hinder, or delay the defense or protection thereof.

(c) Wear, carry, or display, without authority, any means of identification specified by any emergency services agency of the State of California, the County, or any governmental entity in Santa Clara County.

(d) Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency supplies, medical supplies, or gasoline for an amount which is ten or more percent greater than the price charged by a person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency unless said person, business, contractor or other entity can prove that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.

For purposes of this subsection, the following definitions shall apply:

A consumer food item is any article which is used or intended for use for food, drink, confection, or condiment by humans or animals.

Repair or reconstruction services are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage.

Emergency supplies shall include, but are not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, and diapers.

Medical supplies shall include, but are not limited to, prescription and non-prescription drugs, bandages, gauzes, and isopropyl alcohol.

(e) Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag or placard posted by a member of the County Emergency Organization on a building or structure damaged by a disaster.

(f) Post any sign, tag, or placard not authorized by the County Emergency Organization on a building or structure damaged by a disaster.

(Ord. No. NS-300.935, § 1, 2-26-19; Ord. No. NS-300.962, § 1, 6-7-22)

Volunteers who perform service in the County Emergency Organization in accordance with the provisions of this Division shall so serve without compensation and shall be designated as DSW volunteers per the approved DSW Volunteer classifications set forth in the California Governor's Office of Emergency Services DSW Program Guidance. Approved DSW volunteers shall be registered with the appropriate County agency in order to be eligible for worker's compensation benefits, as provided in Labor Code § 3201 et seq., and Government Code § 8585.5.

All DSW volunteers shall be administered the oath or affirmation set forth in Government Code §§ 3102 and 3103. The County Executive shall maintain a list of officers authorized by Government Code § 3104 to administer oaths.

Each respective department and agency with designated DSW volunteers must approve all training, exercises, and deployments, and maintain all documentation and DSW forms. The Office of Emergency Management shall be responsible for annually providing a list of exercise and training requirements for DSW volunteers to the EOAC, which serves as the County's Disaster Council, for review and discussion; and for submitting DSW training plans to the California Governor's Office of Emergency Services as appropriate following the EOAC's review and Board of Supervisors' approval.

(Ord. No. NS-300.935, § 1, 2-26-19)