Chapter 2.56 EMERGENCY MANAGEMENT ORGANIZATION*

The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the county of Alpine in the event of the emergency or disaster conditions hereinafter referred to; the direction of the emergency management organization; and the coordination of the disaster functions of the county of Alpine with all other public agencies, corporations, organizations, and affected private persons. (Ord. 719 § 1.1, 2016)

Article II. Definitions

2.56.020 Definitions.

The general definitions contained in the California Emergency Services Act shall apply to this chapter. These definitions are terms commonly used in the standardized emergency management system (SEMS). A complete listing of all terms is located in the county of Alpine emergency operations plan.

A. “Action plan” means the plan prepared in the emergency operations center (EOC) containing the emergency response objectives of that SEMS level reflecting overall priorities and supporting activities for a designated period. The plan is shared with supporting agencies.

B. “Activate” means, at a minimum, a designated official of the emergency response agency implements SEMS as appropriate to the scope of the emergency and the agency’s role in response to the emergency.

C. “Affected jurisdiction” is any jurisdiction which is, or has the reasonable possibility of being, impacted by an incident or incidents, the magnitude of which is, or may fall, within the scope and the intent of this chapter.

D. “Continuity of government” means all measures that may be taken to ensure the continuity of essential functions of governments in the event of emergency conditions, including lines of success for key decision makers.

E. “Department operations center” means an EOC used by a distinct discipline (such as, but not limited to, flood operations, fire, medical, hazardous material) or a unit (such as, but not limited to, community development department or department of health). Department operations centers may be used at all SEMS levels above the field response level depending upon the impacts of the emergency.

F. Director of Emergency Services. During a declared state of war emergency, state of emergency, or a local emergency, the director of emergency services shall be responsible for providing the overall management and direction to the emergency management organization for the control of the emergency. The director of emergency services shall be the county sheriff or designee(s).

G. “Disaster council” consists of representatives of county departments as appointed by the board of supervisors. The county disaster council is authorized to recommend for adoption to the board of supervisors emergency and mutual aid plans and agreements as well as ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements, and any necessary amendments.

H. “Disaster service worker” includes public employees and any unregistered person pressed into service during a state of war emergency, a state of emergency, or a local emergency by a person having authority to command the aid of citizens in the execution of his duties. It does not include any member registered as an active firefighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the county, city, town or district in which such fire department is located.

I. “Emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, events endangering the health of the general public, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or other conditions which are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.

J. Emergency Management Organization. As provided in Section 2.56.060 and the county emergency operations plan.

K. “Emergency operations center (EOC)” means a location from which centralized emergency management can be performed.

L. “Inability to act” means that an officer is either killed, missing, or so seriously ill or injured as to be unable to attend meetings and otherwise perform his/her duties. Any question as to whether a particular officer can be deemed to have an “inability to act” shall be settled by the governing body of the political subdivision or any remaining available members of said body (including standby officers who are serving on such governing body).

M. “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake or other conditions, 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 that political subdivision and require the combined forces of other political subdivisions to combat.

N. “Local government” means local agencies as defined in Government Code Section 8680.2 and special districts as defined in California Code of Regulations, Title 19, Section 2900(y).

O. “Multi-agency or inter-agency coordination” means the participation of agencies and disciplines involved at any level of the SEMS organization working together in a coordinated effort to facilitate decisions for overall emergency response activities, including the sharing of critical resources and the prioritization of incidents.

P. “Operational area level” means an intermediate level of the State Emergency Services Organization, consisting of a county and all political subdivisions within the county area. Each county geographic area is designated as an operational area. An operational area is used by the county and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state’s emergency operation centers and the operation centers of the political subdivisions comprising the operational area, as defined in Government Code Sections 8559(b) and 8605. This definition does not change the definition of “operational area” as used in the existing fire and rescue mutual aid system.

Q. “Public health emergency” means an occurrence or imminent threat of an illness or health condition that is believed to be caused by any of the following:

1. Bioterrorism;

2. The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;

3. A chemical attack;

4. An intentional or accidental release of chemicals which creates a hazardous materials event, and that poses a high probability of any of the following:

a. A large number of deaths in the affected population.

b. A large number of serious or long-term disabilities in the affected population.

c. A widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

R. “Standardized emergency management system (SEMS)” means a standardized response to emergencies involving multiple jurisdictions or multiple agencies. It is based upon and uses the principles and components of emergency management including ICS, multi-agency coordination, operational area concept, and established mutual aid systems.

S. “Standby successors” means those standby officers as defined by Government Code Section 8638 et seq. which have been appointed by the board of supervisors to fill the positions of the board of supervisors should one or more of its members become unavailable (as defined by Government Code Section 8636) during a state of war emergency, state of emergency, or local emergency. The board of supervisors shall appoint three standby successors for each member of the board of supervisors. The duties of the standby successors are listed in Government Code Section 8641.

T. “State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. (Ord. 719 § 2.1, 2016)

2.56.030 Other terms.

Other terms used herein shall have meanings as used in the California Emergency Services Act and the county’s emergency operations plan, hereinafter referred to as the county’s emergency plan. (Ord. 719 § 2.2, 2016)

Article III. Emergency Management Organization

2.56.040 Organization.

The Alpine County emergency management organization consists of all officers and employees of the county of Alpine, its agencies, and special districts of Alpine County, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of emergency operations. (Ord. 719 § 3.1, 2016)

2.56.050 Activation.

The Alpine County emergency management organization shall be activated, and function only:

A. Upon the existence of a state of war emergency;

B. Upon the declaration by the Governor of the state of California, or of persons authorized to act in his/her stead, of a state of emergency affecting and including Alpine County;

C. Upon the declaration of a local emergency by the board of supervisors of Alpine County, or by persons herein authorized to act in its stead;

D. Upon the declaration of a public health emergency by the board of supervisors of Alpine County, or by persons herein authorized to act in its stead;

E. The operational area is requesting resources from outside its boundaries, except those resources used in normal day-to-day operations which are obtained through existing agreements providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement; or

F. The operational area has received resource requests from outside its boundaries, except those resources used in normal day-to-day operations which are obtained through existing agreements for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement. (Ord. 719 § 3.2, 2016)

2.56.060 Composition.

The emergency management organization shall be composed of such elements as are provided for in the county of Alpine emergency operations plan. The emergency operations plan shall provide for the organization of the emergency management organization, utilizing the concepts of the standardized emergency management system (SEMS). The officers of the county of Alpine shall have the duty and authority to plan for the mobilization, operation and support of that segment of the emergency management organization for which each is responsible as provided for in the emergency plan. (Ord. 719 § 3.3, 2016)

Article IV. Disaster Council

2.56.070 Chair.

The sheriff or designee(s) shall serve as the chair of the disaster council. (Ord. 719 § 4.1, 2016)

2.56.080 Chair—Line of succession.

The line of succession for chair of the disaster council in their absence, or upon their inability to act, the chair shall automatically be succeeded as chair of the disaster council by the following officials in the order named:

A. County fire chief. (Ord. 719 § 4.2, 2016)

2.56.090 Composition.

The Alpine County disaster council consists of the following persons:

A. Chairperson—Sheriff or designee(s);

B. County fire chief;

C. County administrative officer (CAO);

D. District attorney;

E. County counsel;

F. County health officer;

G. Health and human services director;

H. Community development director;

I. Deputy CAO to personnel and risk;

J. Behavioral health director. (Ord. 719 § 4.3, 2016)

2.56.100 Powers.

The disaster council shall have power to:

A. Elect a vice-chair and such other officers as it shall deem necessary;

B. Enact its own rules of procedures;

C. Review and recommend for adoption to the board of supervisors those emergency and mutual aid plans, agreements, ordinances, resolutions, and regulations as it shall deem necessary to implement such plans and agreements, and any necessary amendments to those documents. (Ord. 719 § 4.4, 2016)

2.56.110 Duties.

Additional duties of the disaster council include:

A. Assess and coordinate disaster related training relating to the county of Alpine.

B. Develop plans for meeting any condition constituting a local emergency or state of emergency, including, but not limited to, earthquakes, natural, or manmade disasters.

C. Evaluate the potential hazards within the county and assist in the development of response plans relating to those hazards.

D. Review and approve the county of Alpine emergency operations plan.

E. Develop and approve plans providing for the effective mobilization of all of the resources within the political subdivision, both public and private.

F. By ordinance, provide for the organization, powers and duties, divisions, services, and staff of the county’s emergency organization.

G. Certify disaster service workers through the county office of emergency services under authority of Section 3211.9 of the California Labor Code. (Ord. 719 § 4.5, 2016)

2.56.120 Meetings.

The disaster council shall meet quarterly or upon call of the sheriff or designee, or in his/her absence or inability to call such a meeting, upon the call of the CAO. (Ord. 719 § 4.6, 2016)

Article V. Director of Emergency Services

2.56.130 Designated.

The county sheriff or designee(s) shall be the director of emergency services. (Ord. 719 § 5.1, 2016)

2.56.140 Line of succession.

The line of succession for the director of emergency services, in the absence of the county sheriff or designee(s), or inability to act, shall automatically be succeeded by the following officials in the order named:

A. County fire chief;

B. County administrative officer (CAO);

C. Public health officer. (Ord. 719 § 5.2, 2016)

2.56.150 Powers and duties.

The director of emergency services shall have the following powers and duties:

A. To make key appointments, subject to the approval of the board of supervisors, within the emergency management organization;

B. Request the board of supervisors to proclaim the existence of a local emergency if said board is in session, or to issue such proclamation if said board is not in session. Whenever a local emergency is proclaimed by the director of emergency services, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

C. During the existence of state of war emergency or the proclaimed existence of a state of emergency or a local emergency affecting Alpine County or the Alpine County operational area to:

1. Control and direct the activities of the Alpine County emergency management organization;

2. Use all county resources for the preservation of life and property and to reduce the effects of emergency;

3. Resolve questions of authority and responsibility that may arise in emergency operations;

4. Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the county for the fair value thereof or by commandeering same;

5. To delegate to elected and appointed officials of the county of Alpine such duties and authorities as he deems necessary;

6. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any conditions proclaimed as provided herein;

7. To require emergency services of any county officer or employee, and to command the aid of as many citizens of the county of Alpine as the director deems necessary in the execution of his/her duties;

8. To exercise complete authority over the county and to exercise all police power vested in the county by the Constitution and general laws;

9. In addition to the powers granted herein, the director of emergency services shall have such powers incidental to the performance of said duties as shall be necessary to allow for the carrying out of the emergency plan of the county of Alpine, it being the intent that the enumerated powers herein are not intended to be limitations upon the director’s powers. (Ord. 719 § 5.3, 2016)

Article VI. Responsibilities of the Fire Chief

2.56.160 Prior to local emergency.

The fire chief shall prior to the existence of a local emergency:

A. Support and coordinate the activities of the operational area;

B. Develop, coordinate, and bear primary responsibility for basic planning to provide for the use of all governmental entities, resources and equipment; all commercial and industrial resources; and all such special groups, bodies and organizations as may be needed to support disaster operations;

C. Develop and coordinate such emergency training programs and exercises as may be needed;

D. Develop and coordinate a public information program designed for self-protection;

E. Coordinate planning and training with federal, state, and other county;

F. Develop such standby ordinances, rules and regulations as planning may dictate as being necessary and shall bring said instruments to the board of supervisors, recommending their enactment;

G. Recommend to the Alpine County disaster council matters for consideration within the purview of said council’s responsibilities;

H. Recommend to the board of supervisors matters of policy for consideration insofar as they relate to the planning process for emergency services;

I. Assign duties and authorities to personnel of the office of emergency services;

J. Implement the standardized emergency management system (SEMS) as the method of organization in all said plans and activities;

K. Ensure that the county’s emergency operations plan is kept up to date, and that current emergency management concepts are applied. (Ord. 719 § 6.1, 2016)

2.56.170 During emergencies.

During a state of war emergency or of state of emergency or local emergency affecting Alpine County, the fire chief shall:

A. Serve as staff advisor to the director of emergency services;

B. Recommend to said director of emergency services operating decisions and policies in the operation of the county emergency management organization;

C. Provide for the coordination and facilitation of personnel and material resources as directed by said director of emergency services;

D. Perform such duties, in the scope of disaster management, as may be assigned by said director of emergency services. (Ord. 719 § 6.2, 2016)

Article VII. County Office of Emergency Services

2.56.180 Created—Duties.

There is hereby created the Alpine County sheriff department or fire department office of emergency services, which is responsible for the administration of all matters relating to the county’s emergency management program, to include the plan writing and review of the county’s emergency operations plan.

A. This position shall administer the day-to-day activities of the county office of emergency services and will be responsible to ensure emergency management duties under the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) guidelines are applied wherever applicable;

B. The county fire chief, and the sheriff or designee(s), shall act as applicant agent to the State Office of Emergency Services or Federal Emergency Management Agency;

C. The fire chief will attend any multi-agency coordination meetings to provide the briefing on the nature and scope of the disaster, the progress made to date on control measures and the status of available resources;

D. The fire chief will serve as a technical advisor to the Alpine County director of emergency services and any multi-agency coordination meetings. (Ord. 719 § 7.1, 2016)

Article VIII. Alpine County Operational Area

2.56.190 Defined.

The Alpine County operational area is an intermediate level of the State Emergency Services Organization consisting of the county of Alpine, all political subdivisions, and those special districts that have signed an agreement and become part of the operational area within the geographic boundaries of Alpine County. The Alpine County operational area is used for the coordination of emergency activities and to serve as the link in the system of communications and coordination between the State’s Emergency Operation Centers and the emergency operation centers of the county and the political subdivisions comprising the Alpine County operational area. (Ord. 719 § 8.1, 2016)

2.56.200 Lead agency.

The county government shall serve as the lead agency of the Alpine County operational area unless another member agency of the operational area assumes that responsibility by written agreement with county government. (Ord. 719 § 8.2, 2016)

2.56.210 Authority.

The operational area authority and responsibility under the standardized emergency management system shall not be affected by nonparticipation of any local government(s) within the operational area. (Ord. 719 § 8.3, 2016)

2.56.220 Lead agency—Duties.

As the lead agency, the county government shall:

A. Coordinate information, resources and priorities among local governments within the operational area.

B. Coordinate information, resources and priorities between the regional level and the local government level. Coordination of fire and law enforcement resources shall be accomplished through their respective mutual aid systems.

C. Use multi-agency coordination to facilitate decisions for overall operational level emergency response activities.

D. Coordinate resources within the county not covered by normal law or fire mutual aid. (Ord. 719 § 8.4, 2016)

2.56.230 Activation.

The operational area EOC shall be activated and SEMS used when any of the following conditions exist:

A. A local government within the operational area has activated its EOC and requested activation of the operational area EOC to support emergency operations;

B. The county has declared or proclaimed a local emergency;

C. The county has requested a Governor’s proclamation of a state of emergency, as defined in Government Code Section 8558(b);

D. A state of emergency is proclaimed by the Governor for the county within the operational area;

2.56.240 Lead agency—Grants fund oversight.

The county emergency management organization is responsible for the oversight of all grant funds directed to the operational area from various federal and state agencies sources. The county emergency management organization shall establish subcommittee(s) as needed to determine the scope of these grants, the method of distribution of these funds, and to review and approve requests for these funds. (Ord. 719 § 8.7, 2016)

Article IX. Powers of Succession

2.56.250 Powers of succession.

Each person who shall succeed to each position of office as provided herein, and as provided in the emergency operations plan of the county of Alpine, shall assume all of the powers and duties of the office succeeded to immediately upon such succession. (Ord. 719 § 9.1, 2016)

Article X. Orders of Members

2.56.260 Orders of members.

During the existence of a state of war emergency or a proclaimed state of emergency or local emergency affecting Alpine County, each member of the county emergency management organization shall have authority to require that all persons shall follow reasonable orders given within the scope of functions in order to execute the emergency plan of the county of Alpine, and the willful failure of any person to follow such reasonable order or orders shall be a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. (Ord. 719 § 10.1, 2016)

Article XI. Continuity of Government

2.56.270 Line of succession—Key personnel.

The line of succession for key personnel of the government of the county of Alpine shall be:

A. In the absence of the chair of the board of supervisors, or upon inability to act, the chair of the board shall automatically be succeeded by the following officials in the order named:

1. Vice-chairman of the board of supervisors.

2. The remaining county supervisors followed consecutively in the sequence of the numbers of their respective supervisorial districts.

B. Standby officers are excluded from the line of succession for the chairman of the board of supervisors.

C. For other elected officials, in order of descending authority among existing subordinates, and thereafter as provided by the board of supervisors. (Ord. 719 § 11.1, 2016)

2.56.280 Standby officers.

A. Each member of the board of supervisors, pursuant to Section 8638 of the Government Code, has the authority to appoint one to three standby officers to act as a successor for that member of the board.

B. Standby officers shall be appointed yearly.

C. If more than one standby officer is appointed by a board member, the standby officers shall be designated as successors 1, 2, and 3.

1. Standby offices shall succeed their board member based on their designation.

D. In accordance with Section 8640 of the Government Code, each standby officer shall take an oath of office required for the position they have been selected for as a successor. (Ord. 719 § 11.2, 2016)

2.56.290 Emergency operating centers—Maintenance.

Two emergency operating centers shall be maintained to meet emergency contingencies, and shall be maintained in accordance with board policy. One of these is to be located at the county seat and the other at the alternate seat of government. (Ord. 719 § 11.3, 2016)

Article XII. Emergency Proclamations

2.56.300 Power to proclaim emergency.

By resolution adopted pursuant to this article, the board of supervisors shall designate a director of emergency services. The director of emergency services shall have the power to declare a proclamation of a state of emergency or local emergency. (Ord. 719 § 12.1, 2016)

2.56.310 Request to proclaim.

If the board of supervisors is in session, the director of emergency services shall request that the board of supervisors proclaim the existence or threatened existence of a local emergency, and recommend that the board of supervisors request that the Governor 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. (Ord. 719 § 12.2, 2016)

2.56.320 Local emergency proclamation authority.

In the event the board of supervisors is not in session, the director of emergency services shall have the authority to issue a proclamation of a local emergency. (Ord. 719 § 12.3, 2016)

2.56.330 Board of supervisors action.

Whenever the director of emergency services proclaims a local emergency, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (Ord. 719 § 12.4, 2016)

2.56.340 Review.

The board of supervisors must review, at least every fourteen days, the continuing existence of the emergency. They must also terminate the emergency declaration at the earliest possible date that conditions warrant. (Ord. 719 § 12.5, 2016)

Article XIII. Powers and Authority of the County Health Officer

2.56.350 Public health emergency declaration.

The county health officer may declare a public health emergency in the county or any area in the county when there has been an event as described in Section 2.56.020(I) of this code and/or as defined in Section 101080 of the California Health and Safety Code, and the health officer reasonably determines that the event is an immediate threat to the public health. The local health officer may declare a public health emergency in the county or any area thereof affected by the threat to the public health. (Ord. 719 § 13.1, 2016)

2.56.360 Public health emergency—Effective period.

The public health emergency declaration shall not remain in effect for a period in excess of seven days unless the board of supervisors has ratified it. (Ord. 719 § 13.2, 2016)

2.56.370 Public health emergency—Review.

The board of supervisors shall review, at least every fourteen days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination. They must also terminate the declaration at the earliest possible date that conditions warrant. (Ord. 719 § 13.3, 2016)

2.56.380 Preventative measure.

Section 101040 of the California Government Code states that the county health officer may take any preventive measure that may be necessary to protect and preserve the public from any public health hazard during any state of war emergency, state of emergency, or local emergency, as defined by Section 8558 of the Government Code, within his or her jurisdiction. “Preventive measure” means abatement, correction, removal, or any other protective step that may be taken against any public health hazard that is caused by a disaster and affects the public health. Funds for these measures may be allowed pursuant to Sections 29127 through 29131, inclusive, and 53021 through 53023, inclusive, of the Government Code, and from any other money appropriated by a county board of supervisors to carry out the purposes of California Government Code Section 101040. The county health officer, upon consent of the county board of supervisors, may certify any public health hazard resulting from any disaster condition if certification is required for any federal or state disaster relief program. (Ord. 719 § 13.4, 2016)

2.56.390 Emergency management system compliance.

The county health officer shall manage the event in accordance with the standardized emergency management system (SEMS), which is the official statewide method for disaster response management. According to the Emergency Services Act Section 8607(e)(1), “each local agency, in order to be eligible for any funding of response-related costs under disaster assistance programs, shall use the standardized emergency management system to coordinate multiple jurisdiction or multiple agency operations.” (Ord. 719 § 13.5, 2016)

2.56.400 Line of succession.

The county health officer shall establish a line of succession for the position of county health officer. (Ord. 719 § 13.6, 2016)

2.56.410 Absence.

In the absence of a county health officer or designee, the county director of emergency services shall act as and have the authority of the county health officer. (Ord. 719 § 13.7, 2016)

Article XIV. Penalties

2.56.420 Violations—Penalties.

It shall be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both, for any person during an emergency:

A. Willfully to obstruct, hinder or delay any member of the Alpine County emergency management organization in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon by virtue of this chapter;

B. To do any act forbidden by any lawful rule, regulation or order 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 life or property, or to prevent, hinder, or delay the defense or protection of person or property;

C. To wear, carry or display, without authority, any means of identification specified by the county of Alpine and/or disaster agencies of the federal or state governments. (Ord. 719 § 14.1, 2016)