Yorba Linda Municipal Code Ch. 2.32 Emergency Organizations and Functions

The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons.

(Prior code § 8-1)

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 air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, or earthquake, 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, or with respect to regulated utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(Prior code § 8-2)

The Yorba Linda Disaster Council is hereby created and shall consist of the following:

A. The Mayor, who shall be chairman;

B. The Director of Emergency Services, who shall be vice-chairman;

C. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility as may be appointed by the Director of Emergency Services with the advice and consent of the City Council;

D. Such chiefs of Emergency Services as are provided for in the current emergency plan of the City adopted pursuant to Section 2.32.080.

(Prior code § 8-3)

It shall be the duty of the Yorba Linda 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 chairman, or in his or her absence from the City or inability to call such meeting, upon call of the vice-chairman.

(Prior code § 8-4)

There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

(Prior code § 8-5)

A. The Director is hereby empowered to:

1. Request the City Council and to proclaim the 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. Pursuant to Government Code, Section 8630, the City Council shall review, at least every 14 days until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such 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 locally available resources are inadequate to cope with the emergency;

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

4. Direct cooperation 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 the 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, or by the Board of Supervisors or Operational Area Coordinator of the County of Orange for an area including the City, 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 hereby 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,

i. In so acquiring such property, the City waives no immunities and incurs no liabilities other than those at common law or those liabilities created by applicable state or Federal law,

c. To require such emergency services of any city officer or employee and 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 service workers,

d. To requisition necessary personnel or material of any city department or agency,

e. To execute all of his or her ordinary power as a City Manager, all of the special powers conferred on him by this title or by resolution of emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him 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 of the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. The order of succession shall be approved by the City Council.

(Prior code § 8-6)

All officers and employees of this City, together with all 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 provision of this chapter, be 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.

(Prior code § 8-7)

The Yorba Linda Disaster Council shall be responsible for the development to the City of Yorba Linda 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 organization. Such plan shall take effect upon adoption of resolution of the City Council.

(Prior code § 8-8)

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 Yorba Linda.

(Prior code § 8-9)

It is a misdemeanor for any persons during an emergency to:

A. Wilfully 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 on him 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 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 the emergency agency of the state.

(Prior code § 8-10)