CHAPTER 2
EMERGENCY MANAGEMENT
ARTICLE 3. OFFICE OF EMERGENCY MANAGEMENT
SECTION:
§5120 Office Of Emergency Services Created – Officers And Staff
§5123 Office Of Emergency Management Staff
§5124 Powers And Duties Of The Emergency Management Coordinator
§5125 Local Emergency – Authority To Proclaim – Ratification
§5126 Legality Of Initial Emergency Measures
§5127 Local Emergency – Termination
§5128 State Of Emergency – Who May Request
§5129 Activation Of County/Operational Area Emergency Operations Center
§5130 Authority For Emergency Orders And Regulations
§5131 Authorized Emergency Vehicles
§5120 OFFICE OF EMERGENCY MANAGEMENT CREATED – OFFICERS AND STAFF
There is hereby created within the City the City of Ukiah Office of Emergency Management (OEM). The OEM is part of the City Manager’s office headed by the Director of Emergency Management. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5121 DIRECTOR
There is hereby created the position of Director of Emergency Management. The City Manager shall be the Director of Emergency Management. The Deputy City Manager shall serve as Director of Emergency Management during any temporary absence or disability of the City Manager. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5122 POWERS AND DUTIES
The Director is hereby empowered to:
A. 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.
B. Request the Director of the Mendocino Operational Area, the Governor of the State, and the President of the United States 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 the City for the accomplishment of the purposes of this chapter.
D. 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.
E. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies.
F. In the event of the proclamation of a local emergency, 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 is hereby 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 possible 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 make expenditures, binding the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;
3. To require emergency services of any City officer or employee and, in the event of the proclamation of emergency or state of war emergency, to command the aid of as many citizens of this 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;
4. To requisition necessary personnel or material of any City department or agency;
5. To execute all of his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan 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.
G. Designate the order of succession to the Director’s office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be maintained on file with the City Clerk.
H. Waive zoning requirements and/or standards to facilitate business operations of established businesses affected by emergency orders of Federal, State and local government to the extent that such waivers result in uses that are suitable and appropriate for the site considering what is otherwise allowed, as applicable to the zoning district where the use is located. Such waiver would last only until the termination of the local emergency pursuant to section 5127 of this code.
1. A business seeking such a waiver shall make a written request directly to the Director for approval.
2. Appeals of the Director’s decision as to whether to grant a waiver shall be considered by the Zoning Administrator for an initial determination and recommendation to the City Council. An appeal must be filed with the City Clerk within ten (10) days of the date the decision was made. The Zoning Administrator shall make an initial determination and recommendation to the City Council within seventy-two (72) hours after the appeal is filed. The City Council shall make a final decision on the appeal at the next regular or special meeting following the issuance of the recommendation from the Zoning Administrator. (Ord. 995, §1, adopted 1997; Ord. 1202, §2, adopted 2020; Ord. 1207, §3, adopted 2020)
§5123 OFFICE OF EMERGENCY MANAGEMENT STAFF
The City Emergency Management Coordinator shall be appointed by the City Manager. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5124 POWERS AND DUTIES OF THE EMERGENCY MANAGEMENT COORDINATOR
The Emergency Management Coordinator shall:
A. Coordinate the activities of all emergency services in pre-emergency planning, during an emergency, and in post-emergency activities as the chief staff officer for the Director of Emergency Management.
B. Represent the City in dealings with public and private agencies pertaining to emergency planning.
C. Organize, develop and coordinate the City’s participation in operational area emergency programs, working with local agencies, County departments, special districts, supporting agencies and volunteer groups.
D. Prepare and maintain the basic emergency plans, annexes, operating procedures and such other rules and regulations necessary to manage the emergency programs of the City, and shall have such other powers and duties as may be assigned by the Director of Emergency Management. Plans are submitted to the Director of Emergency Management prior to filing with the Operational Area Office of Emergency Services.
E. Serve as staff of the Disaster Council.
F. Serve as advisor on emergency preparedness matters to directors of emergency services of any agencies that have by agreement contracted with the City for such services.
G. Maintain twenty four (24) hour-a-day availability of on-call emergency management personnel for immediate response if called upon by the City.
H. Conduct a City Emergency Operations Center exercise, in whole or part, at least annually.
I. Perform other duties as may be assigned by the Director of Emergency Management. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5125 LOCAL EMERGENCY – AUTHORITY TO PROCLAIM – RATIFICATION
The City Council, or if the Council is not in session, in the following order, City Manager, Deputy City Manager, or their designee operating as Director of Emergency Management in the Emergency Operations Center may proclaim a local emergency. Whenever a local emergency is proclaimed by an authorized City officer, 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. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5126 LEGALITY OF INITIAL EMERGENCY MEASURES
All emergency measures taken by the Director of Emergency Management prior to the issuance of an official proclamation of emergency, or prior to any decision of the City Council not to issue such proclamation, shall be legal and binding upon the City. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5127 LOCAL EMERGENCY – TERMINATION
Pursuant to the California Emergency Services Act, the Council shall review the declaration at least every sixty (60) days until the need for continuing the local emergency has ended, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. (Ord. 995, §1, adopted 1997; Ord. 1193, §1, adopted 2019; Ord. 1207, §3, adopted 2020)
§5128 STATE OF EMERGENCY – WHO MAY REQUEST
The City Council, or if the Council is not in session, in the following priority order, City Manager, Deputy City Manager, or their designee operating as Director of Emergency Management in the City Emergency Operations Center may request the Governor to proclaim a state of emergency where the conditions of disaster, or of extreme peril to the safety of life and property within the City caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire, flood, storm, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which conditions, by reason of their magnitude, are likely to be beyond the control of the City, require the forces of a mutual aid region or regions to combat. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5129 ACTIVATION OF COUNTY/OPERATIONAL AREA EMERGENCY OPERATIONS CENTER
The following personnel are authorized to request the activation and partial or total mobilization of the County Emergency Organization to staff the County/Operational Area Emergency Operations Center (EOC): the City Manager, Deputy City Manager, City Emergency Management Coordinator, and others authorized by the City Manager to act as Director of Emergency Management in the City Emergency Operations Center. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5130 AUTHORITY FOR EMERGENCY ORDERS AND REGULATIONS
The City Council, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this chapter, the proclamation of a state of emergency, local emergency or the existence of a state of war emergency, specifically delegates, in the following priority order, to the City Manager, Deputy City Manager, or others authorized by the City Manager to act as Director of Emergency Management in the Emergency Operations Center authority to promulgate orders and regulations to provide for the protection of life and property where necessary to preserve the public order and safety. Such orders and regulations should, when circumstances permit, be jointly concurred in, but may be independently promulgated when the situation makes concurrence impractical. All such orders and regulations to be effective must be in writing and signed by the promulgating official, and must be confirmed at the next regular meeting of the City Council. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5131 AUTHORIZED EMERGENCY VEHICLES
Privately or publicly owned vehicles, while operated in the line of duty by Office of Emergency Management personnel responding to, but not returning from, emergency calls, are designated authorized emergency vehicles1.
Private vehicles must comply with California Code of Regulations title 13, sections 1120 through 1124, and be issued an authorized emergency vehicle permit2 prior to operation as authorized emergency vehicles. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
§5132 EMERGENCY 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. (Ord. 995, §1, adopted 1997; Ord. 1207, §3, adopted 2020)
California Veh.C. §2416(a)(10).
California Veh.C. §165.