Note: Prior ordinance history: Ordinances 51 and 310.
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 this city in the event of an emergency, the direction of the emergency organization, and all coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons.
(Prior code § 8-1)
As used in 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 this city caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, 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, that 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; or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
(Ord. 1711 § 1, 2022)
The city of Buena Park disaster council is hereby created and shall consist of the following:
A. 
The director of emergency services, who shall be chairperson;
B. 
The deputy director of emergency services, who shall be vice-chairperson;
C. 
The emergency services coordinator;
D. 
One member of the city council, chosen by the city council; and
E. 
Such chiefs of emergency services, or their designees, as are provided for in the current emergency operations plan of the city, adopted pursuant to this chapter.
The disaster council may also include representatives of civic, business, labor, veterans, professional, or other organizations, not to exceed three in number, as may be appointed by the director of emergency services with the advice and consent of the city council.
(Prior code § 8-3; Ord. 1688 § 1, 2020)
It shall be the duty of the city's 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 and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairperson or, in his or her absence from the city or inability to call such meeting, upon call of the vicechairperson.
(Prior code § 8-4; Amended during 1990 codification)
A. 
The director is 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 in this chapter;
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 in which this city is located or the existence of a "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,
d. 
To requisition necessary personnel or material of any city department or agency, and
e. 
To execute all of his or her ordinary power 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.
B. 
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. Such order of succession shall be approved by the city council.
C. 
The assistant director shall, under the supervision of the director and with the assistance of the 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.
(Prior code § 8-6)
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 impressed into service under the provisions of subsection (A)(6)(c) of Section 8.00.060 of this chapter 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.
(Prior code § 8-7)
The city of Buena Park disaster council shall be responsible for the development of the city of Buena Park emergency plan, which plan 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 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.
(Prior code § 8-8)
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 of Buena Park.
(Prior code § 8-9)