Yuba City Municipal Code Ch. 8 Emergency Organization

The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and 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 Organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

As used in this chapter, "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, earthquake, or other conditions, including conditions resulting from war or the 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.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

The Yuba City Disaster Council is hereby created and shall consist of the following:

(a) The Mayor, who shall be the Chair (if the Mayor is unavailable then the Vice-Mayor shall be the Chairperson; if the Vice-Mayor is unavailable then the Councilmembers from Districts 1 through 5 (in order) shall be the Chairperson; but no Standby member shall be Chairperson unless no Councilmembers are available);

(b) The Director of Emergency Services, who shall be the Vice-Chair;

(c) Such chiefs of emergency services as are provided for in a current emergency plan of the City adopted pursuant to the provisions of this chapter; and

(d) Such representatives of civic, business, labor, veteran, 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.

(Ord. 682, eff. June 19, 1974; as amended by §§ 1, 2, Ord. 952, eff. July 18, 1984; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

It shall be the duty of the Yuba City 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, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the Chair or, in his or her absence from the City or inability to call such meeting, upon the call of the Vice-Chair or, in their absence from the City or inability to call such meeting, upon the call of the next most senior Councilmember.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. If the City Manager is unavailable the City Manager may designate an Acting City Manager. If the City Manager is unavailable and unable to appoint an Acting City Manager such an appointment can be made by the City Council.

(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.

(Ord. 682, eff. June 19, 1974; as amended by §§ 1, 3, Ord. 952, eff. July 18, 1984; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

(a) 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 of Emergency Services, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;

(2) Request the Governor of the State to proclaim a "state of emergency" when, in the opinion of the Director of Emergency Services, 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 between, and coordination of, the services and staff of the Emergency Organization of the City and resolve questions of authority and responsibility which may arise between them;

(5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2-8.02 of this chapter; and

(6) In the event of the proclamation of a "local emergency," as provided in this subsection (a), 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 of Emergency Services, and in his or her absence, the Assistant Director, is hereby empowered:

(i) To implement and carry out the City's emergency operations plan;

(ii) 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 shall be confirmed at the earliest practicable time by the City Council;

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

(iv) To require the emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County of the existence of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State laws for registered disaster service workers;

(v) To requisition the necessary personnel or materials of any City department or agency;

(vi) To execute all of his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by the provisions of this chapter or by resolution of emergency operations plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred upon him or her by any statute, by any agreement approved by the City Council, or by any other lawful authority;

(vii) To authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life and property, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the City shall be deemed duly accepted by the City Council in accordance with Section 37354 of the California Government Code. A report of all such gifts shall be made to the City Council at its next regular meeting for review.

(viii) In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the Director of Emergency Services may issue a declaration of a shelter crisis pursuant to Section 8698.2 of the California Government Code, and exercise all authority in accordance with Chapter 7.8 of Division 1 of Title 2 of the Government Code.

(7) Assign, as he or she determines appropriate, responsibility to emergency services chiefs for developing and directing the various City emergency response capabilities and providing for the training of City personnel.

(b) The Director of Emergency Services shall designate the order of succession to his or her office to take effect in the event the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council. The Assistant Director of Emergency Services, under the supervision of the Director, shall have such powers and duties as may be assigned by the Director.

(Ord. 682, eff. June 19, 1974; as amended by §§ 4, 5, Ord. 952, eff. July 18, 1984; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

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 pressed into service pursuant to the provisions of subsection 2-8.06(a)(6)(iv) of this chapter, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the Emergency Organization of the City.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

The Yuba City Disaster Council shall be responsible for the development of the City of Yuba City Emergency Operations Plan, which 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, a state of emergency, or a 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.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

Standby members of the City Council ("Standby members") are hereby authorized pursuant to the provisions of California Government Code Sections 8635 through 8644.

(a) Each Council member may appoint up to three Standby members. If a Council member appoints more than one Standby member they shall be designated in order of succession (i.e., Standby 1, Standby 2, and Standby 3). Standby members must live in the Council District of the Council member making the appointment. Standby members should have prior experience serving on a City or local agency board, commission or council, but such experience is not mandatory. Consideration should be given to places of residence and work, so that the greatest probability of survivorship or availability shall exist. Appointment, removal, or replacement of Standby members may be made at any time and shall be subject to, and effective upon, ratification by the City Council. For newly elected or appointed Council members, the initial appointment of at least one Standby member shall occur at the first regular Council meeting following the swearing-in of the newly elected or appointed Council member.

(b) Standby members shall serve at the pleasure of the appointing Council member and may be removed and replaced at any time with or without cause subject to ratification by the City Council.

(c) A Standby member shall confirm his or her acceptance of the appointment by taking the oath of office set forth in Article XX, Section 3, of the Constitution of the State of California at the time of appointment set forth in subsection (a) of this section.

(d) Standby members must be informed of the duties of a Council member, be provided a copy of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code, keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of war emergency, a state of emergency, or a declared local emergency, and fill the position when their appointing regular Council member is unavailable during a state of war emergency, a state of emergency, or a declared local emergency.

(e) Standby members may become activated during a state of war emergency, a state of emergency, or a declared local emergency. No Standby member shall become a member of the City Council unless there is a declared emergency described above. The mere vacancy of the regular Council member's office absent a declared emergency shall not activate the Standby member. The Standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including Standby members who are serving at that time.

(f) Upon Standby Council members becoming activated, the City Council shall, if necessary, determine offices. In the event that both the Mayor and Vice Mayor are unavailable, then the remaining regular members of the Council shall determine the Temporary Presiding Officer. No Standby member shall become Mayor or Temporary Presiding Officer if any of the regular Council members are available to fill such position, although the Standby member shall continue to serve as a member of the governing body until the termination of the emergency, until the regular member becomes available, or until the regular member is replaced pursuant to provisions of State law.

(g) The functions and duties of Standby members shall be as described in California Government Code Section 8641 and successor legislation.

(Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

Editor's note— Ord. No. 013-23 added new provisions designated as §§ 2-8-09 and 2-8-10 and renumbered existing §§ 2-8.09—2-8.11 as §§ 2-8.11—2-8.13 as herein set out.

Should all members of the Council, including all Standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a Standby member becomes available or until the election or appointment of a new regular or Standby member. Temporary officers shall be appointed as follows:

(a) By the Chairman of the Sutter County Board of Supervisors, but if not available, then;

(b) By the Chairman of the Board of Supervisors of any other County within 150 miles of the City, beginning with the nearest and most populated County (Yuba County) and going to the farthest and least populated. If none is unavailable, then;

(c) By the mayor of any City within 150 miles of the City, beginning with the nearest and most populated City (Marysville) and going to the farthest and least populated.

(Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

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. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six 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 the provisions of this chapter or in the performance of any duty imposed upon him or her by virtue of the provisions of this chapter;

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of 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 the City, or to prevent, hinder, or delay the defense or protection thereof; or

(c) Wear, carry, or display, without authority, any means of identification specified by the California Office of Emergency Services.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)

Ordinance Nos. 682 and 952 are hereby repealed; provided, however, it is the intent of the City Council in enacting this chapter that it shall be considered as a revision and continuation of said ordinances, and the status of volunteers shall not be affected by such repeal, nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinances be affected by such repeal until amended, modified, or superseded as provided in this chapter.

(Ord. 682, eff. June 19, 1974; Ord. No. 013-23, § 2, (Exh. A), 10-17-2023)