A. 
Authority. This chapter effectuates, and is authorized by, Government Code Section 8550 et seq. (the California Emergency Services Act) as amended from time to time.
B. 
Purpose. The purpose of this chapter is to provide for:
1. 
The preparation and effectuation of plans to protect persons and property in this county in emergencies;
2. 
The creation, direction, and operation of the county emergency organization; and
3. 
The coordination of the county's emergency services and functions with those of other public and private entities, organizations, and persons.
(Ord. CS 1288 §1, 2020)
A. 
"Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this county caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake or other conditions including conditions resulting from war or imminent threat of war (but not 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 this county, requiring the combined forces of other political subdivisions to combat.
B. 
Government Code Section 8558 Prevails. To the extent that this definition may conflict with the provisions of Government Code Section 8558, the latter shall prevail.
C. 
Government Code Definitions. Unless otherwise specifically provided, or required by the context, the terms in this chapter which are also used in Government Code Section 8550 et seq., as recodified and/or amended from time to time, have the meanings therein.
(Ord. CS 1288 §1, 2020)
The disaster council is created and shall consist of the following members:
A. 
The director of emergency services, who shall be chair of the disaster council;
B. 
A member of the board of supervisors, who shall be vice chair;
C. 
The assistant director of emergency services, who shall be secretary; and
D. 
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.
(Ord. CS 1288 §1, 2020)
The disaster council shall have power to:
A. 
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 will be responsible to ensure compliance with the National Incident Management System, the Standardized Emergency Management System and the Incident Command System.
B. 
Approve to form all proposed emergency operations procedures, plans, and other documents related to emergency preparedness and planning.
C. 
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.
D. 
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, council commission, or executive representative.
E. 
Sit as the disaster council for any jurisdiction that deems it appropriate by resolution and local ordinance.
F. 
Administer a disaster service worker volunteer program, pursuant to California Code of Regulations, Title 19, Section 2570 et seq.
G. 
The disaster council does not have operational duties or powers during emergencies, disasters or other events, or incidents.
(Ord. CS 1288 §1, 2020)
The operational area council is created under the authority of Government Code Section 8605, and shall consist of the assistant director of emergency services and joint powers agreement (JPA) members that represent each city within Stanislaus County. Generally, the JPA member will be the emergency manager from the member's jurisdiction. The operational area council will:
A. 
Coordinate, review, and recommend for approval all emergency or disaster response policies, procedures, plans, and other influencing factors or events that would affect the Stanislaus operational area.
B. 
Review 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 will then make its recommendation to the disaster council.
C. 
Be the lead agency for the multi-agency emergency operations center management team and the multi-agency incident management team(s).
D. 
Foster an effective flow of disaster information and emergency preparedness on a day-to-day basis through training, exercises, uniformity in planning, and response plans and policies.
E. 
Appoint task forces and/or specialist groups for specific detailed work that requires the focus of technical experts to develop plans, policies and procedures for the Stanislaus operational area.
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.
(Ord. CS 1288 §1, 2020)
A. 
The disaster council shall meet at least annually and as often as may be deemed necessary. The disaster council will operate under the Brown Act for open meetings of local legislative bodies.
B. 
The operational area council shall meet quarterly or upon call of the assistant director of emergency services.
(Ord. CS 1288 §1, 2020)
A. 
Purpose. When an initial threat or incident reaches the county, the director of emergency services or designee will convene a meeting to conduct a preliminary evaluation of the information from a threat perspective. The director of emergency services or designee will lead this group and make a final determination about the outcome.
B. 
Duties. Three possible outcomes of the threat assessment that may generally occur:
1. 
Dismissal of incident;
2. 
Agreement to continue gathering information or revising the issue at a later time and date; and
3. 
Activation of the Stanislaus Multi-Agency Coordination (StanMAC) group for further evaluation and action.
C. 
Meetings. Meetings will convene based on the level of initial threat and the need to meet.
(Ord. CS 1288 §1, 2020)
The StanMAC group is created and its membership consists of the following occupants of the county or other public positions and offices:
A. 
County chief executive officer (chair);
B. 
Director of emergency services (vice-chair);
C. 
Assistant director of emergency services (secretary);
D. 
County counsel; and
E. 
Sheriff; and
F. 
Any other members as deemed necessary by the chair.
(Ord. CS 1288 §1, 2020; Ord. CS 1382, 7/23/2024)
A. 
Purpose. The StanMAC group is a policy and advisory group that provides assistance and advice to the director of emergency services, and as appropriate, to the assistant director of emergency services on emergency preparedness planning efforts and the coordination of such planning efforts throughout Stanislaus County.
B. 
Duties. The StanMac shall:
1. 
Collaborate and coordinate between several entities throughout the Stanislaus County operational area during a large-scale or multi-jurisdictional event.
2. 
Provide a forum for agency administrators within the operational area, county, cities, special districts, and other jurisdictions which are, or may be impacted by an incident, to work together to share information, establish priorities, commit agency resources, allocate scarce resources, and provide strategic guidance to support incident management.
3. 
When activated, provide a structure for making policy recommendations and prioritizing the allocation of scarce resources.
4. 
Review and make recommendations on emergency and mutual aid plans and agreements and such ordinances, resolutions and regulations as are necessary to implement such plans and agreements.
C. 
Meetings. The StanMAC group shall convene at a date and time determined by the director of emergency services or the assistant director of emergency services as it relates to recommendations by the threat assessment group.
(Ord. CS 1288 §1, 2020; Ord. CS 1382, 7/23/2024)
During a "state of war," "state of emergency," or "local emergency," the chair or vice 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.
(Ord. CS 1288 §1, 2020)
It shall be the duty of the disaster council to review and recommend for adoption by the board of supervisors, emergency plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
(Ord. CS 1288 §1, 2020)
A. 
The fire warden is the director of emergency services. Unless otherwise specifically provided, or required by the context, all references in this chapter to the fire warden are in the fire warden's capacity as the director of emergency services.
B. 
The director of emergency services shall, with the board's approval and chief executive officer support, designate alternates to the director of emergency services position under this chapter and their order of succession thereto.
C. 
When the director of emergency services is unavailable, the director of emergency services' alternates, in sequence, have the director of emergency services' powers and duties under this chapter, but each shall then immediately confer, if possible, with the chief executive officer and one or more members of the board, including the chair if available.
(Ord. CS 1288 §1, 2020; Ord. CS 1382, 7/23/2024)
A. 
The director of emergency services shall appoint the assistant director of the office of emergency services.
B. 
The assistant director will be the director of the office of emergency services when the position of fire warden is vacant.
(Ord. CS 1288 §1, 2020; Ord. CS 1382, 7/23/2024)
A. 
Proclaims Local Emergency. When the board is not in session, the director of emergency services may proclaim a local emergency, but only after conferring if possible with the chair or vice-chair of the board and the chief executive officer or declaring in writing that such a conference with the members cannot be held. The emergency shall be ratified by the board of supervisors in accordance with California law.
B. 
Requests State of Emergency. The director of emergency services may, when the person deems locally available resources inadequate to cope with an emergency, ask the Governor to proclaim a state of emergency.
C. 
Directs and Coordinates. The director of emergency services shall:
1. 
Control and direct the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter;
2. 
The director shall direct cooperation between the coordination of services and staff of the emergency organization of this county and resolve questions of authority and responsibility that may arise between them; and
3. 
The chief executive officer retains control and authority for county personnel and county budget as defined in Chapter 2.08.
D. 
Represents County. The director of emergency services is empowered to represent the county in any negotiation or consultation with public or private agencies on matters pertaining to emergencies as it applies to this chapter.
E. 
Emergencies. The director of emergency services has the powers and duties specified in this section when an emergency exists under Government Code Section 8558 or has been duly proclaimed pursuant to this chapter or Government Code Section 8558, 8625 or 8630.
F. 
Regulations. The director may make regulations reasonably related to the protection of life and property as affected by such emergency. The board shall, at the earliest practicable time, wholly or partly, ratify, modify, or repeal these regulations. This section does not extend to authority over county policies, including personnel and financial policies. County policies remain under the authority of the chief executive officer under Chapter 2.08.
G. 
Procurement and Logistics. The director may obtain vital supplies, equipment, and other properties and things, found lacking and needed for the protection of life and property; the person may bind the county for their fair value; and the person may, if required immediately, commandeer them for public use. Upon the declaration of an emergency, the director of emergency services shall establish a spending plan to support the emergency until the board of supervisors ratifies the emergency. The director of emergency services and chief executive officer must concur on the initial spending limit included in the spending plan. Any emergency appropriations established outside of the director of emergency services' existing budget shall be made in concurrence with the chief executive officer. However, if there is no concurrence, the maximum the director can spend without board of supervisor approval or ratification, is two hundred fifty thousand dollars.
H. 
Require Services and Materials. The director, with chief executive officer support, may require emergency services, personnel or materials from any county office, department, agency, or employee; and if a state of war emergency exists, or if a state of emergency covering this county has been duly proclaimed, the director may command the aid of as many persons of this county as the person deems necessary in the execution of the director's duties. Such persons have all the privileges, benefits, and immunities provided by state law for registered disaster service workers.
I. 
Upon the declaration of an emergency, the auditor controller will establish initial appropriations to support the emergency in a budget unit established exclusively for declared emergency expenditures, in accordance with subsection G. The director of emergency services will present any necessary spending plan changes affecting available emergency appropriations, to the board of supervisors during updates provided related to the emergency for approval.
(Ord. CS 1288 §1, 2020; Ord. CS 1382, 7/23/2024)
All officers and employees of this county, 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 2.52.110, 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 county.
(Ord. CS 1288 §1, 2020)
A. 
Development. The disaster council shall develop the county's emergency plan and maintain the updates to the plan as required or needed.
B. 
Contents. The emergency plan shall provide for:
1. 
The effective mobilization of all the public and private resources of this county to meet any condition(s) constituting, contributing to, or resulting from an emergency; and
2. 
The emergency organization's staff, organization, powers, duties and services.
C. 
Adoption. The plan shall take effect as provided in the board of supervisor's resolution adopting it.
(Ord. CS 1288 §1, 2020)
A. 
Presumption. All expenditures for emergency activities, including mutual aid activities, shall be conclusively deemed to be for the direct protection and benefit of this county's people and their property.
B. 
Authorization. Every county department may expend its regular funds for assigned emergency purposes, to be reimbursed as the board of supervisors deems appropriate from any available federal or state disaster relief funds. Any additional appropriations requested will be presented to the chief executive officer for recommendation support to the board and will need board approval.
(Ord. CS 1288 §1, 2020)
It is a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or 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/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 this county, or to prevent, hinder, or delay the defense or protection thereof; and
C. 
Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. CS 1288 §1, 2020)