Chapter 4-2 EMERGENCY ORGANIZATIONS AND FUNCTIONS

The declared purposes of the provisions of this article 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.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-01)

4-2-102 Emergency defined.

For the purposes of this article, “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, fires, floods, storms, epidemics, riots, earthquakes, domestic terrorism, 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 and require the combined forces of other political subdivisions to combat.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-02)

4-2-103 Disaster Council: Membership.

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

(a) The City Manager, who shall be chair;

(b) The Assistant Director of Emergency Services;

(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 with the advice and consent of the City Council.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-03)

4-2-104 Disaster Council: Powers and duties.

It shall be the duty of the Turlock 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 absence from the City or inability to call such meeting, upon the call of the vice-chair.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-04)

4-2-105 Director and Assistant Director of Emergency Services: Powers and duties.

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

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

(1) To 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 (7) days thereafter, or the proclamation shall have no further force or effect;

(2) To 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) To control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this chapter;

(4) To direct cooperation between, and the coordination of, the services and staff of the Emergency Organization of the City and to resolve questions of authority and responsibility which may arise between them; and

(5) To represent the City in all dealings with public or private agencies regarding matters pertaining to emergencies.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-05)

4-2-106 Director and Assistant Director of Emergency Services: Powers and duties during emergencies.

In the event of the proclamation of a “local emergency,” as provided in TMC 4-2-105, or the proclamation of a “state of emergency” by the Governor of the State or the Director of the Office of Emergency Services of the State, or the existence of a “state of war emergency,” the Director of Emergency Services 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 shall 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, to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;

(c) 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 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/she deems necessary in the execution of his/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;

(d) To requisition the necessary personnel or material of any City department or agency; and

(e) To execute all of his/her ordinary powers as City Manager, all of the special powers conferred upon him/her by the provisions of this article or by resolution or emergency plan adopted pursuant hereto by the City Council, and all powers conferred upon him/her by any statute or agreement approved by the City Council or by any other lawful authority.

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/her duties during an emergency. Such order of succession shall be approved by the City Council.

The Assistant Director of Emergency Services shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the City and have such other powers and duties as may be assigned by the Director.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-06)

4-2-107 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 pressed into service pursuant to the provisions of TMC 4-2-106(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.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-07)

4-2-108 Emergency Plan.

The Turlock Disaster Council shall be responsible for the development of the City of Turlock Emergency Plan, which 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 which shall also provide for the organization, powers and duties, services, and staff of the Emergency Organization. Such plan shall take effect upon its adoption by resolution of the City Council.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-08)

4-2-109 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.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-09)

4-2-110 Violations: Penalties.

It shall be unlawful for any person during an emergency:

(a) To 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 article or in the performance of any duty imposed upon him/her by virtue of the provisions of this article;

(b) To do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of this chapter if such act is of such nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of the inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; or

(c) To wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the State.

(1229-CS, Amended, 02/23/2017. Formerly 4-2-10)

Article 2. Stanislaus Disaster Council

4-2-201 Purpose.

The declared purpose of this article is to supplement and complement the provisions of Article 1 of this chapter and to comply with the California Emergency Services Act (Government Code Section 8550 et seq.) and to codify the City of Turlock’s participation in the Stanislaus Disaster Council. The ordinance codified in this chapter is enacted pursuant to the authority granted by Government Code Sections 8610 and 6500. If there is any conflict between Article 1 and Article 2 of this chapter, Article 1 shall prevail.

(1229-CS, Added, 02/23/2017)

4-2-202 Emergency defined.

As used in this article, “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 or 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 City, requiring the combined forces of other political subdivisions to combat.

(1229-CS, Added, 02/23/2017)

4-2-203 Stanislaus Disaster Council: Membership.

The Stanislaus Disaster Council is created and shall consist of the following members:

(a) The Director of Emergency Services, who shall be chair of the Disaster Council;

(b) A member of the Board of Supervisors, who shall be the vice-chair;

(d) One (1) 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.

(1229-CS, Added, 02/23/2017)

4-2-204 Stanislaus Disaster Council: Powers and duties.

The Stanislaus Disaster Council shall have power to:

(a) 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 Stanislaus Disaster Council will be responsible to ensure compliance with the National Incident Management System, the Standardized Emergency Management System and the Incident Command System.

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

(c) 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.

(d) 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.

(e) Sit as the Disaster Council for any jurisdiction that deems it appropriate by resolution and local ordinance.

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

The Stanislaus Disaster Council does not have operational duties or powers during emergencies, disasters or other events or incidents. The operational powers and duties during local emergencies within the City limits of Turlock lie with the Turlock Disaster Council as set forth in Article 1 of this chapter.

(1229-CS, Added, 02/23/2017)

4-2-205 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:

(a) 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.

(b) 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 Stanislaus Disaster Council.

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

(d) 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.

(e) 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.

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.

(1229-CS, Added, 02/23/2017)

4-2-206 Meetings.

(a) The Stanislaus Disaster Council shall meet at least annually and as often as may be deemed necessary. The Stanislaus Disaster Council will operate under the Brown Act for open meetings applicable to local legislative bodies.

(b) The Operational Area Council shall meet quarterly or upon call of the Assistant Director of Emergency Services.

(1229-CS, Added, 02/23/2017)

4-2-207 State of war, state of emergency or local emergency.

During a “state of war,” “state of emergency” or “local emergency,” the chair of the Stanislaus Disaster Council, or the Director of Emergency Services, may call upon the Stanislaus 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 Stanislaus Disaster Council chair.

(1229-CS, Added, 02/23/2017)

4-2-208 Plan and agreement preparation.

It shall be the duty of the Stanislaus Disaster Council to review and recommend for adoption by the Board of Supervisors and/or the legislative body of each city emergency plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.

(1229-CS, Added, 02/23/2017)

4-2-209 Director: Office created.

There is created the office of Director of Emergency Services. The chief executive officer shall be the Director of Emergency Services.

(1229-CS, Added, 02/23/2017)

4-2-210 Assistant Director.

There is created the office of Assistant Director of Emergency Services, who shall be the County Fire Warden.

(1229-CS, Added, 02/23/2017)

4-2-211 Deputy Director.

There is created the office of Deputy Director of Emergency Services, who shall be appointed by the Assistant Director of Emergency Services (Deputy County Fire Warden).

(1229-CS, Added, 02/23/2017)

4-2-212 Director: Powers and duties.

(a) The Director is empowered to:

(1) Request the Board of Supervisors to proclaim the existence or threatened existence of a local County 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 County emergency is proclaimed by the Director, the Board of Supervisors shall take action to ratify the proclamation within seven (7) 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 County for the accomplishment of the purpose of this chapter;

(4) Direct cooperation between and coordination of services and staff of the Emergency Organization of the County and resolve questions of authority and responsibility that may arise between them;

(5) Represent this County in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

(6) In the event of the proclamation of a local County 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:

(i) 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 Board of Supervisors;

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

(iii) To execute all of the ordinary power as (chief executive officer), all of the special powers conferred upon the position by this chapter or by resolutions or emergency plan pursuant hereto adopted by the Board of Supervisors, all powers conferred upon the position by any statute, by any agreement approved by the Board of Supervisors, and by any other lawful authority;

(iv) 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

(v) To requisition necessary personnel or material of the departments or agencies.

(b) 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.

(c) The Assistant Director, under policy direction of the Director, shall act as chief of staff of the Emergency Organization.

(d) The Deputy Director 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 the County on a day-to-day basis and shall have such other powers and duties as may be assigned by the Assistant Director.

(1229-CS, Added, 02/23/2017)

4-2-213 Emergency Organization.

All officers and employees of the County, 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 TMC 4-2-212(A)(6)(iv), be charged with duties incident to the protection of life and property in the County during such emergency, shall constitute the Emergency Organization of the County.

(1229-CS, Added, 02/23/2017)

4-2-214 Emergency Plan preparation.

The Director of Emergency Services, in concert with the Stanislaus Disaster Council and the Operational Area Council, shall be responsible for the development of the County Emergency Plan; such plan shall provide for the effective mobilization of all of the resources of this County, 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 Board of Supervisors.

(1229-CS, Added, 02/23/2017)

4-2-215 Expenditures.

(1229-CS, Added, 02/23/2017)

4-2-216 Violations designated and penalty.

It shall be a misdemeanor, punishable by a fine of not to exceed One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment for not to exceed six (6) months, or both, for any person, during a state of war emergency, state of emergency, or local 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/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 this County, 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.

(1229-CS, Added, 02/23/2017)