Visalia Municipal Code Ch. 2.28 Disaster Council

The declared purposes of this chapter is 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 Management Organization; and to provide for the coordination of emergency functions of this city with all other public agencies and affected private persons, corporations and organizations. 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.

(Ord. 2019-08 §1, 2019)

As used in this chapter, the following terms are defined:

“Director” means the Office of Emergency Management Director of the City of Visalia as defined in 2.28.030(C).

“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, hazardous materials incident, drought, sudden and severe energy shortage, plant or animal infestations or disease, epidemic, riot, nuclear emergency, earthquake or other conditions, including conditions resulting from war, terrorist acts or imminent threat of war, 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.

“Emergency Operations Plan” means a written document which provides for the full utilization of all resources of the City, both human and material, during an emergency. This plan is maintained, updated and submitted to the Visalia City Council for approval. It meets the California Local Government Emergency Operations Plan Crosswalk for Plan Review.

“Emergency Management Organization (EMO)” means the organization that prepares for and carries out emergency operations by government, in order to prepare for, minimize and repair injury and damage resulting from actual or threatened emergency. All City departments have a role in the EMO and all employees are Disaster Services Workers as set forth in California Government Code §3100-3109.

(Ord. 2019-08 §1, 2019)

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

A. The mayor, who shall be the chairperson, and the four remaining council members;

B. The City Manager, who shall be vice-chairperson and shall be a voting member;

C. The “Office of Emergency Management Director,” who under the supervision of the Disaster Council and who shall be the City Manager, shall develop Emergency Operation plans and organize the Emergency Preparedness program of this city, control and direct the effort of the Emergency Management Organization of this City, and shall have such other duties as may be assigned by the Disaster Council;

D. Such chiefs of emergency services as are provided for in the current emergency operations plan of the city adopted pursuant to the provisions of this chapter and, services or divisions as are provided for by resolution pursuant to this chapter;

E. Such representatives of civil, business, labor, veterans, professional or other organizations having an official emergency responsibility as may be appointed by the Chairperson with the advice and consent of the Disaster Council.

(Ord. 2019-08 §1, 2019)

A. There is created the Office of Emergency Management Director, who shall be the City Manager and appointed by the Disaster Council.

B. There is created the Office of Emergency Management Coordinator, who shall be appointed by the Emergency Management Director with the advice and consent of the Disaster Council.

C. There is created the Office of Emergency Operations Center Director, who shall be appointed by the Emergency Management Coordinator.

D. There is created the office of City Emergency Preparedness Officer, who shall be appointed by the Emergency Management Coordinator.

(Ord. 2019-08 §1, 2019)

A. The City of Visalia Disaster Council shall comply with the California Emergency Services Act. It shall be the duty of the City of Visalia Disaster Council, and it is empowered, to review and recommend for adoption by the city council, 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 is established by ordinance, which has empowered the Disaster Council and its officers to register with documented proof of the oath or affirmation and direct the activities of disaster service worker volunteers within the City of Visalia. In this respect, the disaster council is acting as an instrument of the state in aid of carrying out general state government functions and policy with regard to disaster services. The Disaster Council shall meet at least once per year, upon call of the chairperson or in his absence from the city or inability to call such meeting, upon the call of the vice-chairperson. Meetings will be called in accordance with the Brown Act (CGC §54950 et. seq.).

B. The Disaster Council hereby empowers the Director:

1. To request the city council to proclaim the existence or threatened existence of a “local emergency” and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to ratification by the city council within 7 days defined by Title 2 CCR section 8630 , or the emergency shall have no further force or effect and should notify the Operational Area (OA) and provide a copy of the local emergency proclamation as soon as possible;

2. To notify the OA to proclaim a “local emergency” when in the opinion of the director the resources of the City of Visalia are overwhelmed or inadequate to cope with the emergency and when appropriate to request the Governor to proclaim a “state of emergency” and to provide the OA with the Local Emergency Proclamation and the Initial Damage Estimate (IDE) from the City of Visalia.

C. When deemed necessary by the Disaster Council, ad hoc groups may be appointed to advise the Council on emergency management issues; facilitate coordination of City of Visalia emergency planning efforts; foster communication and coordination between disaster organization of this city; assist in development of emergency management programs and policies; review and comment on proposed changes to the emergency plan; and maintain emergency and disaster training for employees, including coordinated drills and exercises. Training is a pre-authorized activity, approved by the Disaster Council and may include classroom instruction, disaster drills or exercises, or related activities designed to enhance the disaster response skills of the disaster service worker volunteer.

D. Mutual Aid Regional Advisory Committees (MARAC) were established to provide a broad base for

local government participation in the Standardized Emergency Management System (SEMS) Maintenance System and are a principal source of input and information into the system. Recommendations from these committees to the SEMS Technical Group provide a means by which SEMS is maintained and improved. The California State Emergency Response Commission (SERC) established six emergency planning districts having the same boundaries as the Mutual Aid Regions. The SERC appointed a Local Emergency Planning Committee (LEPC) for each planning district, known as regions, and supervises and coordinates their activities. The Local Emergency Planning Committee (LEPC) is created as a standing and working Emergency Management committee. The City of Visalia Disaster Council shall be responsible for ensuring participation in both LEPC and MARAC committees with representatives from the Visalia Emergency Management Organization. The LEPC and MARAC will provide operational direction for implementation of the programs and policies established by the Emergency Management Organization to assist in the preparation of emergency plans, coordinate department emergency training/exercises.

(Ord. 2019-08 §1, 2019)

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:

A. To control and direct the effort of the Emergency Management Organization of this city for the accomplishment of activities and purposes as codified in this chapter;

B. To direct coordination and cooperation between divisions, services and staff of the Emergency Management Organization of this city, and to resolve questions of authority and responsibility that may arise between them;

C. To represent the emergency management organization of the city in all dealings with public or private agencies pertaining to emergency services.

D. To make and issue rules, orders, and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules, orders, and regulations must be confirmed at the earliest practicable opportunity by the City Council;

E. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the City of Visalia for the fair value thereof, and if required immediately, to commandeer the same for public use;

F. To require emergency services of any City of Visalia officer or employee and, in the event of the proclamation of a “Local Emergency,” “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/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;

G. To requisition necessary personnel or material of any City department or agency; Any expenditure 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 Visalia In accordance with Title 2 CCR Section 53021;

H. To execute all of the ordinary powers as city manager, all of the special powers conferred upon them by this chapter or by resolution adopted pursuant thereto, all powers conferred upon them by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Title 2 CCR Section 38791, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws.

(Ord. 2019-08 §1, 2019)

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 Section 2.28.060(H), be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the Emergency Management Organization of the City. The State of California has provided workers' compensation benefits for all registered volunteers of an accredited disaster council organization. Requirements for the accrediting of local disaster councils and for the manner in which volunteers must be registered in order to be protected by these workers' compensation benefits are contained in rules and regulations of the California Governor's Office of Emergency Services adopted pursuant to Section 8585.5 of the California Emergency Services Act.

(Ord. 2019-08 §1, 2019)

A. The functions and duties of the Visalia Emergency Management Organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution. All above mentioned members of the emergency organization, without exception, will be considered disaster service workers giving them protection under California Senate Bill 39-Personal liability immunity: “disaster service workers” (State of California Civil Code Section 1714.5), or as that section subsequently may be amended.

B. The city council shall concurrently with the adoption of the ordinance codified in this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees In the form of an Emergency Operations Plan. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Director of the California Office of Emergency Services. (Prior code § 1506)

C. The Emergency Management Coordinator, the Disaster Preparedness Officer and other city department heads shall be responsible for the development of and updates to the city emergency operations 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 organization. Such plan shall take effect upon adoption by resolution of the City Council and be reviewed every three years. The EOP shall be binding upon all agencies of city government, its employees and registered volunteer disaster service workers, and have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed.

(Ord. 2019-08 §1, 2019)

A. During a local emergency the Disaster Council shall be convened to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within the boundaries of the City of Visalia where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice.

B. Whenever, in the judgment of the Chairperson or in the event of their absence, or inability to act, the Vice Chairperson and or their successor, determines that an emergency exists as a result of civil disobedience causing danger or injury to or damages to persons or property, they shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:

1. To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alley, parks or other public places; provided, however, that physicians, nurses, and ambulance operators performing medical services, firefighters and city authorized or requested law enforcement officers and personnel, may be exempted from such curfew;

2. To order the closing of any business establishment anywhere within the city for the period of the emergency; such businesses to include but not be limited to those selling intoxicating beverages, gasoline or firearms;

3. To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic;

4. To call upon law enforcement agencies within or without the city to assist in preserving and keeping the peace within the city.

(Ord. 2019-08 §1, 2019)

The proclamation of emergency shall become effective upon its issuance and dissemination to the public by appropriate wide spread circulation in the areas affected.

(Ord. 2019-08 §1, 2019)

Any emergency proclaimed in accordance with the provisions of this chapter shall terminate after seven days from the issuance thereof unless it has been ratified by the Visalia City Council, or upon the issuance of a proclamation determining any emergency no longer exists; whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the city council. Section 8630 of the California Emergency Services Act which require that the governing body review, at least once every 60 days until a local emergency is terminated, the need for continuing the local emergency, and further require that the governing body terminate the local emergency at the earliest possible date the conditions warrant.

(Ord. 2019-08 §1, 2019)

A. Misdemeanor. Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers charged with the responsibility of enforcing the proclamation of emergency authorized here, shall be guilty of a misdemeanor.

B. It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment for not to exceed six (6) months, or both, for any person, during an emergency, to:

1. Willfully obstruct, hinder or delay any member of the Disaster Management Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter;

2. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;

3. To wear, carry or display, without authority, any means of identification specified by the emergency agency of the state.

(Ord. 2019-08 §1, 2019)