Article 6-05

CIVIL DEFENSE AND DISASTER

Sections:

This Article provides for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; and for the coordination of the emergency functions of the City with all other public agencies, corporations, organizations and affected private persons. Any expenditure made in connection with such 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. (Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016; Ord. No. 403, § 1(Exh. A, § 7), 7-3-2024)

As used in this Article, "emergency" shall mean 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, 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.

(a) The City of Saratoga Disaster Council (also referenced here as the Disaster Council) has been ac-

credited by the State of California since 1947. The Disaster Council shall consist of the following members:

(1) The Mayor or a City Council member designated by the Mayor ;

(2) The Director of Emergency Services, who shall be Chair;

(3) The Assistant Director of Emergency Services who shall be Vice Chair;

(4) The Director of Public Works; and

(5) The Director of Community Development. (Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016; Ord. No. 403, § 1(Exh. A, § 7), 7-3-2024)

(a) It shall be the duty of the Disaster Council, and said Council 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.

(b) The Disaster Council shall meet at least once per year, upon call of the Chair or, upon call of the Vice Chair (in the absence of the Chair).

(c) The Disaster Council shall comply with the California Emergency Services Act and abide by the California Disaster and Civil Defense Master Mutual Aid Agreement.

(d) The Disaster Council shall follow established rules and regulations relating to the various classes of disaster service workers, scope of duties of each class, and manner of registration pursuant to the provisions of Government Code § 8585.5.

(Ord. No. 340, § 1(Att. A, § 8), 7-6-2016; Ord. No. 403, § 1(Exh. A, § 7), 7-3-2024)

(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services . When the Director of Emergency Services is not available, the Assistant Director of Emergency Services shall become Acting Director and assume the duties of the Director.

(Saratoga Supp. No. 54, 7-24)

103

6-05.050

(b) The Director of Emergency Services is hereby empowered to:

(1) 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. The City Council shall review the need for continuing the local emergency at least once every thirty days or such other period as may be determined by a resolution of the City Council until the City Council terminates the local emergency. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the Director, the circumstances are beyond the City's capacity to adequately respond to or recover from the emergency.

(3) Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this Article. This responsibility includes the registration, supervision and direction of disaster service worker volunteers within the City.

(4) 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.

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

(c) 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 of Emergency Services is hereby further 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, that such rules and regulations shall be confirmed or modified at the earliest practicable time by the City Council.

(2) Obtain vital supplies, equipment and other such properties found lacking and needed for the pro-

tection 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 the County of Santa Clara or the existence of a "state of war emergency," to command the aid of as many residents of the City as deemed necessary in the execution of the Director's duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service worker volunteers.

(4) Requisition necessary personnel or material of any City department or agency.

(5) Execute all ordinary powers as City Manager, all of the special powers conferred by this Article or by resolution or the Emergency Operations Plan pursuant hereto 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.

(d) The Assistant Director of Emergency Services is hereby empowered to:

(1) Under the supervision of the Director and in consultation with emergency service providers, to develop emergency plans and manage the emergency programs of this jurisdiction;

(2) Act on behalf of the disaster council to approve Saratoga Disaster Service Worker Volunteer training and exercises and to coordinate with the appropriate agencies and organizations;

(3) Have such other powers and duties as may be assigned by the Director.

(Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016; Ord. No. 383, § 1(Exh. A, § 8), 11-17-2021; Ord. No. 403, § 1(Exh. A, § 7), 7-3-2024)

The emergency organization of the City shall consist of all officers and employees of the City, together with those disaster service worker volunteers enrolled to aid them during an 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 during such emergency, including persons impressed into service under the provisions of subsection 6-05.050(c)(3) of this Article.

(Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016)

(Saratoga Supp. No. 54, 7-24)

104

6-05.120

The Disaster Council shall be responsible for the development of the City Emergency Operation Plan, which plan shall provide for the effective mobilization of all the resources of the 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 plans shall be adopted by resolution of the City Council.

(Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016)

local government in such a circumstance, the City will reconstitute its City Council based on the provisions of California Government Code Sections 8635 through 8644.

(Ord. No. 403, § 1(Exh. A, § 7), 7-3-2024)

If any provision of this chapter or the application thereof to any person or circumstances 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. No. 403, § 1(Exh. A, § 7), 7-3-2024)

It is the purpose of the City Council in enacting this Article to facilitate the rendering of mutual aid to and for the people of the City. The Emergency Operation Plan 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. (Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016)

Editor’s note— Ord. No. 403, § 1(Exh. A, § 7), adopted July 3, 2024, repealed § 6-05.090, which pertained to expenditures and derived from Ord. No. 340, § 1(Att. A, § 8), July 6, 2016.

It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000.00), or by imprisonment for not to exceed six (6) months, or both, 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 Article, or in the performance of any duty imposed upon him or her by virtue of this Article.

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Article.

(c) Wear, carry or display, without authority, any means of identification specified as being authorized for emergency service workers.

(Amended by Ord. No. 340, § 1(Att. A, § 8), 7-6-2016; Ord. No. 403, § 1(Exh. A, § 7), 7-3-2024)

During an emergency, City Council may have vacancies where a Councilmember is unable to serve due to incapacitation or other situations arising from the emergency event. In order to preserve the function of

104.1

(Saratoga Supp. No. 54, 7-24)

6-10.060