Willits Municipal Code Ch. 2.44 Emergency Services

Footnotes:

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* For statutory provisions on emergency services, see Gov. Code § 8550 et seq.; for provisions on local disaster councils, see Gov. Code § 8610 et seq.

This chapter shall be known as, and may be cited as, the "emergency services ordinance."

(Ord. 97-02 § 2(part)).

The declared purpose of this ordinance is to provide for the preparation and carrying out of plans for the protection of persons and/or property within the city of Willits in the event of an emergency; the establishment, coordination, and direction of the city emergency organization; the establishment, coordination and direction of the disaster council; the establishment, coordination and direction of the office of emergency services; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.

(Ord. 97-02 § 2 (part)).

The following terms as used in this section shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

"Council" means the City Council.

Emergency. An actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and/or property within this city caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other 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. Included within the term "emergency" are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 of the Government Code including "state of war emergency," "state of emergency" and "local emergency."

1. "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

2. "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and/or property within the state caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot, or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency" which conditions, by reason of their magnitude, are, or are likely to be, beyond the control of the services of any single county, city and county, or city, and which require the combined forces of a mutual aid region or regions to combat.

3. "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and/or property within the territorial limits of a county, city and county, or city, caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other conditions, 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 combined forces of this political subdivision to combat.

"Emergency operations center (EOC)" means a location from which centralized emergency management can be performed.

"Emergency response agency" means any 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 an organization.

"Emergency response personnel" means personnel involved with an agency's response to an emergency.

Emergency Services. All activities shall be carried out pursuant to the California Emergency Services Act.

Expenditures. 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.

"Incident" means an occurrence or event, either human-caused 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.

"Operational area" means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Each county geographic area has been designated by the state as an operational area. An operational area is used by the county and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state's emergency operation centers and the operations centers of the political subdivisions comprising the operational area, as defined in Government Code Section 8559(b) and 8605. This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system.

1. 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 nonparticipation of any local government(s) within the operational area.

2. The county government shall serve as the lead agency of the operational area unless another member agency of the operational area assumes that responsibility by written agreement with county government.

3. The city of Willits will be a member of the Mendocino County operational area and participate in its functions.

(Ord. 97-02 § 2(part)).

All officers and employees of the city, 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 operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and/or property in the city of Willits during such emergency shall constitute the city emergency organization. The city emergency organization also includes the American Red Cross, members of other recognized community disaster relief and response organizations (e.g. NEST), Radio Amateur Civil Emergency Services (RACES), the Willits Public Safety Auxiliary, and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency.

A. All employees of the city are designated as disaster service workers pursuant to California Government Code 3100.

B. The city emergency organization shall organize its response using the California Standardized Emergency Management System (SEMS).

(Ord. 97-02 § 2(part)).

The Standardized Emergency Management System (SEMS) is the adopted emergency management system in the County of Mendocino and the city of Willits. The Standardized Emergency Management System (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.

(Ord. 97-02 § 2(part)).

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

A. Building inspector mutual aid: city chief building official.

B. Emergency management mutual aid: city emergency services manager.

C. Fire and rescue mutual aid: chief of the Little Lake fire protection district.

D. Law enforcement mutual aid: chief of police.

E. Medical examiner/coroner mutual aid: chief of police.

F. Medical/health mutual aid: county public health officer (or designee).

G. Public works mutual aid: director, public works.

(Ord. 97-02 § 2(part)).

The disaster council is hereby created, and shall consist of the following:

A. The mayor, who shall serve as the disaster council chair;

B. A second member of the council, who shall be first vice-chair;

C. The city manager, who shall be the second vice-chair;

D. The assistant city manager;

E. The city attorney (who shall serve without vote);

F. The chief of police;

G. The chief of the Little Lake fire protection district;

H. The city public works, utility and planning directors and such other department heads as may be appointed by the chair;

I. Such other representatives of federal, state and local civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility as may be appointed by the chair; and

J. Community representatives, such as representatives of the food bank, chamber of commerce, rotary, Lions Club, P.G.& E., Howard Memorial Hospital, AM&D, Safeway, the American Red Cross, local school district, and any other agency, business or civic club that may be deemed appropriate.

K. The emergency services manager shall serve as staff to the disaster council.

(Ord. 97-02 § 2(part)).

It shall be the duty of the disaster council, and it 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. The disaster council shall meet upon call of the chair, or, in the chair's inability to call such a meeting, the city manager or his/her designee may call a meeting. The disaster council shall meet a minimum of twice a year.

(Ord. 97-02 § 2(part)).

The city manager shall be the director of emergency services. The chief of police shall serve as director of emergency services during any temporary absence or disability of the city manager.

(Ord. 97-02 § 2(part)).

The director is hereby empowered to:

A. Request the city council to proclaim the existence or threatened existence of a "local emergency" if the council is in session, or to issue such if the 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.

B. Request the director of the Mendocino operational area, the Governor of the state of California and/or the President of the United States to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency.

C. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter.

D. 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.

E. Represent the city 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 empowered:

1. 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 possible time by the city council;

2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and/or property and to make expenditures, binding the city for the fair value thereof and, if required immediately, to commandeer the same for public use (reference: California Emergency Services Act Section 8572);

3. To require emergency services of any city officer or employee and, in the event of the proclamation of "emergency" or "state of war emergency," to command the aid of as many citizens of this city 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 service workers;

4. To requisition necessary personnel or material of any city department or agency; and

5. To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by this division or by resolution or emergency plans 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;

6. 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 duties during an emergency. Such order of succession shall be maintained on file with the city clerk.

7. To waive zoning requirements and/or standards to facilitate business operations of established businesses affected by emergency orders of the federal, state, and local government, to the extent that such waivers would not result in a general intensity of use beyond what is otherwise allowed, as applicable to the zoning district where the use is located. Such waiver shall expire concurrently with the termination of the local emergency pursuant to Section 2.44.130 of this Code.

a. A business seeking such a waiver shall provide a temporary zoning permit application directly to the community development director.

b. Appeals of the community development director's decision as to whether to grant a waiver shall be considered by the city manager. An appeal must be filed with the city clerk within ten days of the date the decision was made. The city manager shall make a decision with seventy-two hours after the appeal is filed. Further appeal of the city manager's decision as to whether to grant a waiver shall be filed with the city clerk within ten days of the date the decision was made. The city council shall make a final decision on the appeal at the next regular or special meeting following the city manager's decision.

c. Permits shall be issued for a period not to exceed ninety days.

(Ord. 97-02 § 2(part)).

(Ord. No. 2020-01, 6-10-2020).

The city council, or if the council is not in session, in the following order, the mayor, city manager, chief of police, assistant city manager, or their designee operating as director of emergency services in the emergency operations center may proclaim a local emergency. Whenever a local emergency is proclaimed by an authorized city officer, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(Ord. 97-02 § 2(part)).

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 city council not to issue such proclamation, shall be legal and binding upon the city.

(Ord. 97-02 § 2(part)).

Pursuant to the California Emergency Services Act, the council shall review the declaration of local emergency at least every fourteen days until such emergency has terminated, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant.

(Ord. 97-02 § 2(part)).

The city council, or if the council is not in session, in the following priority order, the mayor, city manager, chief of police, assistant city manager, or their designee operating as director of emergency services in the city emergency operations center, may request that the Governor, through the operational area, proclaim a state of emergency where the conditions of disaster, or of extreme peril to the safety of life and/or property within the city caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire, flood, storm, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are likely to be beyond the control of the city, and require the forces of a mutual aid region or regions to address.

(Ord. 97-02 § 2(part)).

The following personnel are authorized to request the activation of the county/operational area emergency operations center (EOC): the city manager, chief of police, assistant city manager, and others authorized by the city manager to act as director of emergency services.

(Ord. 97-02 § 2(part)).

The city council, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this chapter, the proclamation of a state of emergency, local emergency or the existence of a state of war emergency, specifically delegates in the following priority order, to the mayor, city manager, chief of police, assistant city manager, or others authorized by the city manager to act as director of emergency services in the emergency operations center, authority to promulgate orders and regulations to provide for the protection of life and/or property, and where necessary to preserve the public order and safety. Such orders and regulations should, when circumstances permit, be jointly concurred in, but may be independently promulgated when the situation makes concurrence impractical. All such orders and regulations, to be effective, must be in writing and signed by the promulgating official, and must be confirmed at the next regular meeting of the city council.

(Ord. 97-02 § 2(part)).

The city shall include the use of the California Standardized Emergency Management System (SEMS) in all emergency plans and procedures.

(Ord. 97-02 § 2(part)).

The county operational area office of emergency services shall be responsible for the development of the operational area emergency plan, which plan shall provide for the utilization of the California Standardized Emergency Management System (SEMS) and 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. The city emergency plan will reflect all requirements to coordinate activities in conjunction with the operational area emergency plan. Such plan shall take effect upon adoption by resolution of the city council.

It shall be the responsibility of all city emergency operations center section chiefs and alternates to have a thorough knowledge of the city and operational area emergency plan and to insure 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. 97-02 § 2(part)).

An emergency preparedness council is established for Mendocino County. The council shall consist of an elected council person or mayor from each of the cities or their elected alternate. The representative for the city of Willits will be appointed by the council.

(Ord. 97-02 § 2 (part)).

There is created the city of Willits office of emergency services (OES). The city emergency services manager shall be appointed by the city manager. The office of emergency services shall function as a part of the city manager's office in support of the "director of emergency services" duties.

(Ord. 97-02 § 2(part)).

The emergency services manager shall:

A. Coordinate the activities of all emergency services in pre-emergency planning, during an emergency, and in post-emergency activities as the chief staff officer for the director of emergency services.

B. Represent the city in dealings with public and private agencies pertaining to emergency planning.

C. Organize, develop and coordinate the city's participation in operational area emergency programs, working with local agencies, special districts, supporting agencies and volunteer groups.

D. Prepare and maintain the basic emergency plans for the city and submit such plans to the director of emergency services prior to filing with the operational area office of emergency services.

E. Serve as secretary of the disaster council.

F. Serve as advisor on emergency preparedness matters to directors of emergency services of any agencies that have by agreement contracted with the city for such services.

G. Maintain twenty-four-hour a day availability of on-call emergency management personnel for immediate response if called upon by the city.

H. Exercise the city emergency operations center in whole or part, at least annually.

I. Perform other duties as may be assigned by the director of emergency services.

(Ord. 97-02 § 2(part)).

Privately or publicly-owned vehicles, while operated in the line of duty by office of emergency services personnel responding to, but not returning from, emergency calls are designated authorized emergency vehicles [California Vehicle Code Section 2416(10)].

Private vehicles must comply with California Title 13, Sections 1120 through 1124 and be issued an Authorized Emergency Vehicle Permit [California Vehicle Code Section 165] prior to operation as authorized emergency vehicles.

(Ord. 97-02 § 2(part)).

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.

(Ord. 97-02 § 2(part)).

During the period beginning on the date of the existence of when a major disaster is declared by the director of emergency services and ending one hundred eighty days after that date, and within the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, contractor, business or other entity or individual 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 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 such act is of such a nature as to give, or be likely to give, assistance to the enemy, (during a state of war emergency), or to imperil the lives and/or property of inhabitants of this 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 any emergency services agency of the state of California, the county of Mendocino, county districts, or any city in the county of Mendocino.

D. Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency or 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 emergency order, the following definitions shall apply:

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

2. Repair or reconstruction services are those contractor services for repairs to residential, industrial 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.

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

4. 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 city emergency organization on a building or structure damaged by a disaster.

F. Post any sign, tag or placard not authorized by the city emergency organization on a building or structure damaged by a disaster.

(Ord. 97-02 § 2(part)).

Volunteers who perform service in the city emergency organization in accordance with the provisions of this chapter shall so serve without compensation. Volunteers shall be registered with the city office of emergency services as disaster service workers in order to be eligible for worker's compensation benefits, as provided for starting with Section 3101 of Part 1, of Division 4, of the State Labor Code.

(Ord. 97-02 § 2(part)).

A. California Code of Regulations Title 19, Division 2, Office of Emergency Services, Chapter 1, Section 2400, Standardized Emergency Management System (SEMS) Regulations.

B. California Emergency Services Act.

C. California Government Code 3100-Disaster Service Workers.

(Ord. 97-02 § 2(part)).