Chapter 2.20


2.20.010    Purpose.

2.20.020    Explanation of regional structure.

2.20.030    Definitions.

2.20.040    Emergency organization.

2.20.050    Expenditures.

2.20.060    Appointment to disaster council.

2.20.070    Director and assistant director of emergency services.

2.20.080    Director – Powers and duties.

2.20.090    Emergency plan preparation.

2.20.100    Punishment of violations.

2.20.010 Purpose.

The declared purpose of this chapter is to comply with the California Emergency Services Act (Government Code Section 8550 et seq.) by providing for the preparation and carrying out of plans for the protection of persons and property within this county 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. 15-02 § 2, 2015)

2.20.020 Explanation of regional structure.

A. Disaster Council. The Stanislaus disaster council has been created by the county of Stanislaus with representatives from area communities, including the city of Hughson. The Stanislaus disaster council consists of the following members:

1. The director of emergency services, who shall be chair of the disaster council;

2. A member of the board of supervisors, who shall be vice chair;

3. The assistant director of emergency services, who shall be secretary;

4. One elected official from each city in Stanislaus County. The county and each city may select an alternate to attend meetings and to act on its behalf in the event the elected official is unavailable. Said alternate need not be an elected official, so long as the alternate has been appointed by that entity’s governing body.

B. Disaster Council Powers and Duties. The disaster council shall have power to:

1. Oversee the preparedness activities of the various county departments and other jurisdictions in the Stanislaus County operational area. This includes preparation of emergency and disaster plans, policies and procedures, and ensuring unity of purpose. The disaster council will be responsible to ensure compliance with the National Incident Management System, the Standardized Emergency Management System and the Incident Command System.

2. Approve as to form all proposed emergency operations procedures, plans and other documents related to emergency preparedness and planning.

3. Hear proposals from any agency, department or interested party in emergency and disaster preparedness. Prior to any formal action, the proposal shall have the approval of the operational area council for operational and procedural conformity with the Stanislaus County emergency operations plan, policies, and procedures.

4. Be required to have a majority of the members present for approval and/or review of any plan, policies or issues and a simple majority vote will carry the recommended action. Thereafter, the recommended action will be forwarded to the appropriate board, council, commission, or executive representative.

5. Sit as the disaster council for any jurisdiction that deems it appropriate by resolution and local ordinance.

6. Administer a disaster service worker volunteer program, pursuant to California Code of Regulations, Title 19, Section 2570 et seq.

7. The disaster council does not have operational duties or powers during emergencies, disasters or other events or incidents.

C. Operational Area Council. The Stanislaus operational area council is created under the authority of Government Code Article 9, Section 8605, and shall consist of the assistant director of emergency services and Joint Powers Agreement (JPA) members that represent each city within Stanislaus County. Generally, the JPA member will be the emergency manager from his/her jurisdiction. The operational area council will:

1. Coordinate, review, and recommend for approval all emergency or disaster response policies, procedures, plans, and other influencing factors or events that would affect the Stanislaus operational area.

2. Review all disaster plans by any agency or jurisdiction in Stanislaus County for approval as to form and compliance with the National Incident Management System, the Standardized Emergency Management System and the Incident Command System. After review of the proposed plans, policies and procedures, relating to emergency management, the operational area council will then make its recommendation to the disaster council.

3. Be the lead agency for the multi-agency emergency operations center management team and the multi-agency incident management team(s).

4. Foster an effective flow of disaster information and emergency preparedness on a day-to-day basis through training, exercises, uniformity in planning, and response plans and policies.

5. Appoint task forces and/or specialist groups for specific detailed work that requires the focus of technical experts to develop plans, policies and procedures for the Stanislaus operational area.

6. The operational area council does not have operational duties or powers during an event or emergency and is created to serve in the preparedness and planning phases only.

D. Meetings.

1. The disaster council shall meet at least annually and as often as may be deemed necessary. The disaster council will operate under the Brown Act for open meetings applicable to local legislative bodies.

2. The operational area council shall meet quarterly or upon call of the assistant director of emergency services.

E. State of War, State of Emergency or Local Emergency. During a “state of war,” “state of emergency” or “local emergency,” the chair of the disaster council or the director of emergency services may call upon the disaster council to meet with the emergency operations center policy group to act as an advisory group on issues as determined by the director of emergency services or the disaster council chair.

F. Plan and Agreement Preparation. It shall be the duty of the disaster council to review and recommend for adoption by the board of supervisors, emergency plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. (Ord. 15-02 § 2, 2015)

2.20.030 Definitions.

The following definitions shall apply to this chapter:

A. “Emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this county caused by such conditions as fire, flood, storm, epidemic, riot or earthquake, domestic terrorism, or other conditions including conditions resulting from war or imminent war, but other than conditions resulting from labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this county, requiring the combined forces of other political subdivisions to combat.

B. “Local emergency” means the duly proclaimed existence of an emergency within the territorial limits of this city.

C. “State of emergency” means the duly proclaimed existence of an emergency other than a local emergency.

D. “State of war emergency” means a duly proclaimed state of war emergency by the Governor whenever California or the nation is attacked by an enemy of the United States, or upon receipt by California of a warning from the federal government indicating that such an enemy attack is probable or imminent. The powers of the Governor granted under a state of war emergency are commensurate with those granted under a state of emergency. (Ord. 15-02 § 2, 2015)

2.20.040 Emergency organization.

All officers and employees of this 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 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. (Ord. 15-02 § 2, 2015)

2.20.050 Expenditures.

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. (Ord. 15-02 § 2, 2015)

2.20.060 Appointment to disaster council.

Annually, the mayor, subject to the approval of the city council, shall appoint an elected officer to serve on the disaster council and may appoint an alternate who need not be an elected officer to attend meetings and to act on its behalf in the event the appointed elected official is unavailable. (Ord. 15-02 § 2, 2015)

2.20.070 Director and assistant 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 office of assistant director of emergency services. The administrative services director shall be the assistant director of emergency services and designated as the city’s emergency manager. (Ord. 15-02 § 2, 2015)

2.20.080 Director – Powers and duties.

The director is empowered to:

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

C. Control and direct the effort of the emergency organization of this city for the accomplishment of the purpose 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 between them;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

F. In the event of the proclamation of a local emergency as provided in this chapter, 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 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 practicable 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 property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

3. To execute all of the ordinary power as city manager, all of the special powers conferred upon the position by this chapter or by resolutions or emergency plan pursuant hereto adopted by the city council, all powers conferred upon the position by any statute, by any agreement approved by the city council, and by any other lawful authority;

4. To require emergency services of any officer or employee and, in the event of the proclamation of a “state of emergency” in Stanislaus County or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; and

5. To requisition necessary personnel or material of the departments or agencies.

G. The director of emergency services shall designate the order or succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform the director’s duties during an emergency.

H. The assistant director, under policy direction of the director, shall act as chief of staff of the emergency organization.

I. The deputy director, who shall be appointed by the director of emergency services, shall, under the supervision of the assistant director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city on a day-to-day basis and shall have such other powers and duties as may be assigned by the assistant director. (Ord. 15-02 § 2, 2015)

2.20.090 Emergency plan preparation.

The director of emergency services, in concert with the disaster council and the operational area council, shall be responsible for the development of the city emergency plan; such 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. (Ord. 15-02 § 2, 2015)

2.20.100 Punishment of violations.

It shall be a misdemeanor, punishable as set forth in HMC 1.12.010 and 1.12.020, 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 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. 15-02 § 2, 2015)