The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property in this City in the event of an emergency; the direction of the Emergency Management and Homeland Security Office; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons.
(1757-8/72, 4031-11/14)
Unless a different meaning is apparent from the context or is specified elsewhere in the code, the following definitions shall be used:
"Emergency Management"
means the preparation for and the carrying out of all emergency functions necessary to mitigate, prepare for, respond to, and recover from emergencies and disasters caused by all hazards, whether natural, technological, or human caused. Comprehensive emergency management consists of four related components: all hazards, all phases, all impacts, and all stakeholders.
"Homeland Security"
is a concerted national effort to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, minimize the damage, and recover from attacks that do occur.
"Emergency Response Organization (ERO)"
means the organization that prepares for and carries out emergency operations by government, in order to prepare for, minimize and repair injury and damage resulting from actual or threatened emergency. All City departments have a role in the ERO and all employees are Disaster Services Workers as set forth in California Government Code Section 3100-3109.
"Emergency Operations Plan"
means a written document which provides for the full utilization of all resources of the City, both human and material, during an emergency. This plan is maintained, updated and submitted to the Huntington Beach City Council for approval. It meets the California Local Government Emergency Operations Plan Crosswalk for Plan Review.
"Director"
means the Director of Emergency Management of the City.
"Emergency"
means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property in this City 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 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 this City, requiring the combined forces of other political subdivisions to combat.
(1757-8/72, 4031-11/14)
There is created an Emergency Management and Homeland Security (EMHS) Council, consisting of the Director, who shall be Chair, Deputy Director who shall be the Vice Chair, Fire Chief, Police Chief, Director of Public Works, or their representatives; Emergency Services Coordinator and any City department head who may be appointed by the Director. The Council may also include representatives of civic, business, labor, veterans, professional or other organizations, not to exceed five in number, as may be appointed by the Director.
(1757-8/72, 2464-12/80, 4031-11/14)
A. 
Powers and Duties—Emergency Management and Homeland Security Council. It shall be the duty of the Emergency Management and Homeland Security Council to oversee the preparedness activities of City departments, ensuring unity of purpose. This includes preparation and approval of plans, training of employees for emergency and disaster-related functions, and related emergency preparedness activities.
B. 
Powers and Duties—Chair of the Emergency Management and Homeland Security Council. The chair of the Emergency Management and Homeland Security Council shall:
1. 
Coordinate the activities of the Emergency Management and Homeland Security Council;
2. 
Coordinate and provide for dissemination of public information relating to emergency preparedness activities;
3. 
Review and recommend to City Council the adoption of emergency and mutual aid plans and agreements.
C. 
Powers and Duties—Emergency Management and Homeland Security Council members:
1. 
Formulate and maintain plans for use during emergency conditions, including a written plan for activation of the department as part of, and which carries out its role in the City Emergency Response Organization;
2. 
Ensure that department personnel are trained in emergency management/operations and that designated personnel participate in regular refresher training and emergency exercises, as directed by the Emergency Management and Homeland Security Council;
3. 
The Emergency Management and Homeland Security Council shall meet on a quarterly basis or upon call of the chair, or in his or her absence or inability to call such meeting, upon the call of the chair's authorized representative or the vice chair.
D. 
Local Emergency Planning Committee (LEPC). The LEPC is created as a standing and working Emergency Management and Homeland Security Council subcommittee. The committee's membership will include the Emergency Services Coordinator, who shall be chair, and a senior manager from each City department. The LEPC will provide operational direction for implementation of the programs and policies established by the Emergency Management and Homeland Security Council, assist in the preparation of emergency plans, coordinate department emergency training/exercises and speak on behalf of the department. The committee will meet monthly, at the direction of the Council, or upon call of the committee chair.
E. 
Citizen Corps Council. The Citizen Corps Council is a subcommittee of the Emergency Management and Homeland Security Council that collaborates with government and non-government agencies and volunteer organizations, the private sector, faith based and other entities involved in public safety activities, and works toward achieving common emergency management goals. The Council shall be members of the LEPC and will work with members of the community to meet Citizen Corps goals and objectives. A segment of the LEPC and quarterly meeting of the EMHS Council will be devoted to issues and discussion relating to Citizen Corps Programs.
(1757-8/72, 4031-11/14)
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 days thereafter or the proclamation shall have no further force or effect;
B. 
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;
C. 
Control and direct the effort of the emergency response organization of this City to accomplish the purpose of this chapter;
D. 
Direct cooperation between and coordinate services and staff of the Emergency Response Organization of this City, and resolve questions of authority and responsibility that may arise between them;
E. 
Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;
F. 
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 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 shall be confirmed at the earliest practicable 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 bind the City for the fair value thereof and, if required immediately, to commandeer same for public use;
3. 
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/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 power as City Manager, of all 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.
G. 
The Director of Emergency Management shall designate the order of succession to his or her 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;
H. 
The deputy director shall, under the supervision of the Director, have such other powers and duties as may be assigned by the Director.
(1757-8/72, 2464-12/80, 4031-11/14)
A. 
The Director of the Office of Emergency Management and Homeland Security shall have complete authority for organizing, directing, and coordinating the emergency organization of the City, including training, directing the development and approval of all multi-departmental emergency response plans, review and approval of all emergency response plans and all emergency preparedness activities in all matters relating to preservation of life, property and environment within the City, and consistent with his or her authority as Director of Emergency Management.
B. 
The Fire Chief (or designee) and Emergency Services Coordinator, acting by and for the Director of Emergency Management, shall:
1. 
Supervise the day-to-day responsibilities associated with organizing, directing, and coordinating the emergency response organization of the City;
2. 
Coordinate and collaborate with government and non-government agencies and volunteer organizations, the private sector and other entities involved in public safety activities, and work toward achieving common emergency management goals;
3. 
Develop appropriate plans, standard operating procedures, and planning guidance in collaboration with other City departments;
4. 
Prepare and process emergency management documents and applications for federal and state funds;
5. 
Maintain the Emergency Operations Center (EOC) to serve the City and, upon activation in all instances of an emergency, as defined herein, to collect and disseminate emergency information to concerned jurisdictions and agencies;
6. 
Activate the EOC during local emergencies and special events to support field resources at the incident command level;
7. 
Liaison with multiple partners at all levels of federal, state and local government to develop a synergistic approach to coordination on response, planning, training and exercise, emergency management and homeland security issues;
8. 
Increase public awareness through education on disaster mitigation, preparedness, response and recovery from local, state and federal emergencies, and/or disasters.
(4031-11/14)
The Director shall prepare and maintain, on a current basis, an Emergency Operations Plan, as necessary, to carry out the purpose of this chapter. The Emergency Operations Plan shall be based on the Standardized Emergency Management System (Government Code 8607), the National Incident Management System (Homeland Security Presidential Directive 5), and consistent with the plans of the state and federal governments and shall hereinafter be referred to as "the EOP."
(1757-8/72, 4031-11/14)
The EOP shall set up the assignment of emergency duties and functions of all City agencies and employees, and volunteer organizations, as well as the lines of succession of the members of the Emergency Response Organization.
(1757-8/72, 4031-11/14)
The EOP and amendments thereto shall be placed on file with the City Clerk by the Director, and approved or disapproved by the City Council within 30 days of such filing. The EOP, and amendments if any, shall be effective upon filing with the City Clerk unless disapproved by the City Council within 30 days of such filing.
(1757-8/72, 4031-11/14)
In assigning emergency duties and functions to City agencies and personnel, the Director shall assign responsibilities to utilize to the maximum the skills and talents of City employees. When the requisite skill or talent for a particular responsibility is not available within the City government, the Director is authorized to seek assistance on a volunteer basis from persons outside the City government. The Director shall assign duties to such persons, and grant the authority to carry out their respective responsibilities during and after the occurrence of a disaster.
(1757-8/72, 4031-11/14)
The EOP shall be binding upon all agencies of City government, its employees and registered volunteer disaster service workers, and have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed.
(1757-8/72, 4031-11/14)
There is created the Huntington Beach Emergency Response Organization. All officers and employees of the City shall be a part of such organization. The Director or designee shall train and organize all employees and officers of the City for purposes of maintaining the emergency capability of the City. The Director is authorized to use volunteer forces during an emergency including, but not limited to, groups, organizations, and persons who by agreement or by operation of law are charged with the duty to protect the life and property of persons in the City during a disaster.
(1757-8/72, 4031-11/14)
The Director is hereby empowered to establish an emergency curfew in the event of a local emergency, or when a disaster or State of Emergency is declared by the President of the United States or the Governor of the State of California.
(1757-8/72, 4031-11/14)
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 Huntington Beach.
(1757-8/72, 4031-11/14)
It shall be a misdemeanor for any person during an emergency to:
A. 
Willfully obstruct, hinder or delay any member of the emergency response 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 an enemy or to imperil the lives or property of inhabitants of this City, 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.
(1757-8/72, 4031-11/14)