Chapter 2.25
ORGANIZATION AND FUNCTIONS OF AN EMERGENCY MANAGEMENT PROGRAM*

Sections:

2.25.010    Purposes.

2.25.020    Definitions.

2.25.030    Disaster council membership.

2.25.040    Disaster council powers and duties.

2.25.050    Director and deputy director of emergency services.

2.25.060    Powers and duties of the director and deputy director.

2.25.070    Emergency organization.

2.25.080    Emergency plan.

2.25.090    Expenditures.

2.25.100    Punishment of violations.

2.25.110    Establishment of emergency preparedness advisory committee.

*    Prior legislation:  Ord. 5-73.

2.25.010 Purposes.

The declared 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; the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons; and establishment of an emergency preparedness advisory committee, composed of city residents and business owners.  (Ord. C-11-07 §1(part), 2007).

2.25.020 Definitions.

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, tsunami, epidemic, riot, 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 the city, requiring the combined forces of other political subdivisions to combat.  (Ord. C-11-07 §1(part), 2007).

2.25.030 Disaster council membership.

The Half Moon Bay disaster council is hereby created and shall consist of the following:

A.    Two council members, one of whom shall be the emergency services joint powers authority representative, who shall also serve as chair of the disaster council.  The other appointed council member shall serve as the vice-chair;

B.    City manager, who shall be the director of emergency services;

C.    Police chief, who shall be the deputy director of emergency services;

D.    Public works director;

E.    Chief of the fire district.  (Ord. C-11-07 §1(part), 2007).

2.25.040 Disaster council powers and duties.

It shall be the duty of the city of Half Moon Bay 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 his or her absence from the city or inability to call such meeting, upon call of the vice-chair.  (Ord. C-11-07 §1(part), 2007).

2.25.050 Director and deputy director of emergency services.

A.    There is hereby created the office of director of emergency services.  The city manager shall be the director of emergency services.

B.    There is hereby created the deputy director of emergency services, who shall be the police chief.  (Ord. C-11-07 §1(part), 2007).

2.25.060 Powers and duties of the director and deputy director.

A.    The director 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.

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 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.

6.    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 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;

c.    To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which the city is located or 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 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; and

e.    To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan 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.

B.    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 his or her duties during an emergency.  Such order of succession shall be approved by the city council.

C.    The deputy director shall, under the supervision of the director, develop emergency plans and manage the emergency programs of the city, and shall have such other powers and duties as may be assigned by the director.  (Ord. C-11-07 §1(part), 2007).

2.25.070 Emergency organization.

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 2.25.060(A)(6)(c), 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 of Half Moon Bay.  (Ord. C-11-07 §1(part), 2007).

2.25.080 Emergency plan.

The city of Half Moon Bay disaster council shall be responsible for the development of the City of Half Moon Bay Emergency Plan, which plan shall provide for the effective mobilization of all of 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 plan shall take effect upon adoption by resolution of the city council.  (Ord. C-11-07 §1(part), 2007).

2.25.090 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 of Half Moon Bay.  (Ord. C-11-07 §1(part), 2007).

2.25.100 Punishment of violations.

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, 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 this chapter, or in the performance of any duty imposed upon him or her 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 the 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.  (Ord. C-11-07 §1(part), 2007).

2.25.110 Establishment of emergency preparedness advisory committee.

A.    This section shall establish a city of Half Moon Bay emergency preparedness advisory committee composed of city residents and business owners to assist the disaster council in the furtherance of its mission.  The committee shall make recommendations and reports to the disaster council.

B.    The police department’s second-in-command, whose rank shall be captain, shall be the emergency services coordinator for the city.  That person shall also chair the emergency preparedness advisory committee.

C.    Committee members shall be interviewed by the police chief, and presented by the police chief to the city council for approval.  Upon approval by the city council, committee members shall serve two-year terms.  No committee member shall serve more then ten years on the committee.  Committee members may be removed from the committee, with or without cause, by the city council.  Upon death, resignation, removal or abandonment of office by a committee member, the police chief shall interview and present to the city council for approval a new person to fill the unexpired term.  Committee members shall remain on the committee until their successor is approved by the city council.

D.    The committee’s duties shall be, in addition to such other duties delegated to it by the disaster council, as follows:

1.    Review with the American Red Cross the current locations and service agreements for long-term shelters in the event that a significant loss of housing should occur due to an emergency or disaster.  The committee will review and make recommendations to the disaster council for other potential shelter sites within the city.

2.    The committee shall assist the disaster council in locating residents with specific skills as well as public safety personnel and health professionals that could be available in an emergency or disaster.

3.    The committee shall review and recommend standards of training for resident volunteers.

4.    At the request of the disaster council, the committee shall review and make recommendations, as necessary, to the city’s strategic and emergency response plans.

5.    The committee shall assist the disaster council and OES staff in planning and coordinating disaster training drills.

6.    In the event of an actual emergency, committee members shall be assigned to the city’s emergency operations center and will assist in the coordination and assignment of community volunteers.

7.    The committee shall collaborate with the disaster council and Half Moon Bay fire district to produce classes that train disaster preparedness and emergency survival.

8.    The committee shall promote community emergency response teams (CERT) and the city’s medical reserve corps (MRC).

9.    The committee shall encourage the city’s business and residential communities to prepare for self-reliance in the event of an emergency or disaster for up to seven days.

10.    The committee shall assist, as needed, with the city’s efforts in becoming storm and tsunami ready.  (Ord. C-11-07 §1(part), 2007).