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; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons.
(Ord. 2011-07 §2)
A. 
Combined City/County Disaster Council. A combined city/county disaster council has been created by the county of Stanislaus with representatives from area communities, including the city of Waterford. The city/county disaster council consists of the following:
1. 
The director of emergency services, who is chair of the disaster council;
2. 
A member of the board of supervisors, who is vice chair;
3. 
The assistant director of Stanislaus County emergency services, who is the secretary; and
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. 
Combined City/County Disaster Council Powers. The disaster council has 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 council is responsible for ensuring compliance with the National 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, 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 County operational area council is created under the authority of Government Code Article 9, Section 8605, and consists of the assistant director of emergency services and members that represent each city within Stanislaus County in accordance with that certain joint powers agreement (JPA), executed in 1988 between Stanislaus County and the cities within Stanislaus County. Generally, the JPA member will be the emergency manager from his or her jurisdiction. The operational area council:
1. 
Coordinates, reviews, and recommends for approval all emergency or disaster response policies, procedures, plans, and other influencing factors or events that would affect the Stanislaus operational area.
2. 
Reviews all disaster plans by any agency or jurisdiction in Stanislaus County for approval 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 makes its recommendation to the disaster council.
3. 
Is the lead agency for the multi-agency emergency operations center management team and the multi-agency incident management team(s).
4. 
Fosters an effective flow of disaster information and emergency responses on a day-to-day basis through training, exercises, uniformity in planning, and response plans and policies.
5. 
Standing task forces may be appointed to include:
a. 
Special needs population;
b. 
Public health emergency preparedness committee;
c. 
Faith-based representation.
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 of Disaster Council and Operational Area Council.
1. 
The disaster council meets a minimum of twice annually and as often as may be deemed necessary. The disaster council operates under the Brown Act for open meetings and local legislative bodies.
2. 
The operational area council meets 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 emergency," "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 is the duty of the Stanislaus County disaster council to review and recommend for adoption by the city council, emergency plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
(Ord. 2011-07 §2; Ord. 2015-02 §1)
The following definitions shall apply to this chapter.
"Emergency"
means 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, epidemic, riot, drought, sudden and severe energy shortage, 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; or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
"Local emergency"
means the duly proclaimed existence of an emergency within the territorial limits of this city.
"State of emergency"
means the duly proclaimed existence of an emergency other than a local emergency.
"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. 2011-07 §2)
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, including persons impressed into service under the provisions of subsection (A)(6) of Section 2.48.090, be charged with duties incident to the protection of life and property in this county during such emergency, shall constitute the emergency organization of the city.
(Ord. 2011-07 §2; Ord. 2015-02 §1)
It is a misdemeanor, 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 of protection thereof.
C. 
Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. 2011-07 §2)
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 and county.
(Ord. 2011-07 §2)
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 public works director shall be the assistant director of emergency services and designated as the city's emergency manager.
(Ord. 2011-07 §2)
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 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 powers 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.
7. 
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, succession shall be approved by the city council.
8. 
The assistant director 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 shall have such other powers and duties as may be assigned by the director.
(Ord. 2011-07 §2)