The purpose of this chapter is to provide for the preparation and implementation of plans for: protection of persons and property within the city in the event of a local emergency; delegation of authority to the Director of Emergency Services and the emergency organization; coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected persons; facilitation of mutual aid to and for affected persons; and implementation of the California Emergency Services Act (Government Code Section 8550, et seq.).
(O2008 3)
As used in this chapter, "local 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, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, earthquake, or other conditions (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 the city, requiring the combined forces of other political subdivisions to combat.
(O2008 3)
The City of Napa Disaster Council is hereby created and shall consist of the members of the City Council. The duties of the Disaster Council shall be to perform the actions which the City Council finds to be authorized or required by the California Emergency Services Act. The Mayor shall be the chairperson, and the Vice Mayor shall be the vice chairperson. There shall be no regular meetings of the Disaster Council; and special meetings of the Disaster Council shall be called in accordance with the requirements of the Ralph M. Brown Act. (See California Government Code Section 54956.)
(O2008 3)
There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. If the City Manager is not available, the Director of Emergency Services position will be filled by the Emergency Services Manager (pursuant to Section 2.89.070 of this chapter).
(O2008 3)
The city's emergency plans shall be developed and maintained current by the Director of Emergency Services and the emergency organization, in accordance with the provisions of the California Emergency Services Act, and shall be subject to the approval of the City Council. Provided, however, that the Director of Emergency Services shall be authorized to make administrative amendments to the emergency plans without approval of the City Council to the extent necessary to update nonsubstantive administrative matters (such as the identification of personnel and other resources, clerical corrections, or clarifications). A copy of each such administrative amendment shall be signed by the Director of Emergency Services and on file with the City Clerk. The Director shall be responsible for the implementation of emergency plans during a proclaimed local emergency.
(O2008 3)
The Director is hereby authorized to:
A. 
Proclaim the existence of a "local emergency." If the City Council is in session, the Director shall request the City Council to proclaim the local emergency. If the City Council is not in session, the Director is authorized to proclaim the local emergency; provided, that the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council. After the proclamation of an emergency, the City Council shall review the need for continuing the local emergency at each regularly scheduled meeting, and at least every 21 days. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
B. 
When, in the opinion of the Director, the affect of a local emergency is (or is likely to be) beyond the control of city resources, the Director is authorized to request the governor to proclaim a "state of emergency," and the Director is authorized to request the Governor to request a presidential declaration of disaster.
C. 
Develop and implement emergency plans in accordance with Section 2.89.050 of this chapter, and manage the emergency programs of the city.
D. 
Manage and direct the city's emergency organization in order to accomplishment of the purposes of this chapter and the emergency plans.
E. 
Manage and coordinate the efforts of the city's emergency organization with the efforts of other agencies assisting in the response to a local emergency in order to resolve questions of authority and responsibility that may arise.
F. 
Manage city resources so that the city is appropriately represented in all dealings with public or private agencies on matters pertaining to local emergencies.
G. 
In the event of the proclamation of a "local emergency," the Director is hereby authorized to take the following actions (in accordance with the California Emergency Services Act, as well as California Government Code Section 38791); provided, however, that such actions shall be reported to the City Council at the earliest practicable time:
1. 
Make and issue rules and regulations on matters reasonably related to the protection of person and property as affected by the local emergency;
2. 
Obtain vital supplies, equipment, other property, or services to the extent needed for the protection of persons and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
3. 
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;
4. 
Requisition necessary personnel or material of any city department or agency;
5. 
Execute all ordinary authority of the City Manager, as well as all of the special authority conferred upon the Director of Emergency Services by city law (including this chapter, city resolutions, the city's emergency plans, and City Charter), as well as any other lawful authority.
(O2008 3)
A. 
There is hereby created the office of Emergency Services Manager, who shall be an assistant City Manager, Police Chief, Fire Chief, or other person, as appointed by the City Manager. In the absence or incapacity of the Director during a local emergency, the Emergency Services Manager shall exercise all authority vested by this chapter in the Director.
B. 
There is hereby created the office of Coordinator of Emergency Services, who shall be the Fire Chief. The Coordinator of Emergency Services shall be appointed by the City Manager.
(O2008 3)
The Coordinator shall:
A. 
Supervise the Assistant Coordinator of Emergency Services.
B. 
Perform all duties assigned by the Director of Emergency Services.
C. 
Coordinate the activities of all emergency services in pre-emergency planning, during an emergency and in post-emergency activities as a staff officer to the Director of Emergency Services.
D. 
Represent the city in all dealings with public and private agencies pertaining to emergency planning.
(O2008 3)
There is hereby created the office of the Assistant Coordinator of Emergency Services, who shall have the day-to-day responsibility for the management and operation of the office of emergency services. The Assistant Coordinator of Emergency Services shall be appointed by the Coordinator of Emergency Services.
(O2008 3)
The Assistant Coordinator shall:
A. 
Administer the city Office of Emergency Services on a day-to-day basis.
B. 
Organize and develop the city emergency programs, working with other local governments, city departments, special purpose districts, supporting agencies and volunteer groups.
C. 
Prepare and maintain the emergency plan and functional annexes with the assistance of the section chiefs.
D. 
Submit the emergency plan and functional annexes to the Director of Emergency Services through the Coordinator of Emergency Services.
E. 
Prepare and submit reports required by the Disaster Council, the Director of Emergency Services, the Coordinator of Emergency Services, the State Office of Emergency Services and the Federal Emergency Management Agency.
F. 
Perform all duties assigned by the Coordinator of Emergency Services.
(O2008 3)
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 Section 2.89.060(G)(3) of this chapter, shall be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the city's emergency organization.
(O2008 3)
Any expenditures made in connection with local emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property within the city.
(O2008 3)
It shall be a misdemeanor, punishable in accordance with Title 1 of this code, for any person, during a 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 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 safety of persons or property, 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.
(O2008 3)