A.
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 jurisdiction in the event of an emergency; the direction
of the emergency organization; and the coordination of the emergency
functions with all other public agencies, corporations, organizations,
and affected private persons.
B.
Any
expenditures for 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.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
For the purposes of this chapter, the following words and phrases
shall have the meanings set forth in this section:
shall mean the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and property
within this jurisdiction 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, requiring the combined forces
of other political subdivisions to combat.
shall mean the preparation for and execution of all emergency
functions, other than functions for which military forces are primarily
responsible, to prevent, minimize and repair injury and damage resulting
from disasters. Such term shall not include, nor does any provision
of this chapter apply to any condition relating to a labor controversy.
means the duly proclaimed existence of conditions of disaster
or of extreme peril to the safety of persons and property within the
territorial limits of a county, city and county, or city, caused by
conditions such as air pollution, fire, flood, storm, epidemic, riot,
drought, cyberterrorism, sudden and severe energy shortage, 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, which are or are
likely to be beyond the control of the services, personnel, equipment,
and facilities of that political subdivision and require the combined
forces of other political subdivisions to combat, or with respect
to regulated energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in the
California Public Utilities Commission.
means the duly proclaimed existence of conditions of disaster
or of extreme peril to the safety of persons and property within the
state caused by conditions such as air pollution, fire, flood, storm,
epidemic, riot, drought, cyberterrorism, sudden and severe energy
shortage, 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
or conditions causing a "state of war emergency," which, by reason
of their magnitude, are or are likely to be beyond the control of
the services, personnel, equipment, and facilities of any single county,
city and county, or city and require the combined forces of a mutual
aid region or regions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requires extraordinary
measures beyond the authority vested in the California Public Utilities
Commission.
means the condition that exists immediately, with or without
a proclamation thereof by the Governor, whenever this state or nation
is attacked by an enemy of the United States, or upon receipt by the
state of a warning from the federal government indicating that such
an enemy attack is probable or imminent.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
There is hereby established the San Bruno disaster council which
shall consist of the mayor as chair, director of the office of emergency
services as vice-chair, the city manager, the chief of police, and
the fire chief.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
It shall be the duty of the city of San Bruno Disaster Council,
and it is hereby empowered, to develop and recommend for adoption
by this governing body, 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 at least once per year, upon call of the chair or, upon
call of the vice-chair (in the absence of the chair).
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
There is an office of director of emergency services. The city
manager shall be the director. If the city manager is absent or unable
to fulfill the duties of director of emergency services, the assistant
city manager or acting city manager, as established by resolution
of the city council, shall serve as director during the period of
emergency.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
A.
The
director is hereby empowered to:
1.
Request
the governing body to proclaim the existence or threatened existence
of a "local emergency" if the governing body is in session, or to
issue such proclamation if the governing body is not in session. Whenever
a local emergency is proclaimed by the director, the governing body
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 circumstances are beyond the jurisdiction's capacity
to adequately respond to or recover from the emergency.
3.
Control
and direct the effort of this emergency organization for the accomplishment
of the purposes of this chapter.
4.
Direct
cooperation between and coordination of services and staff of this
emergency organization; and resolve questions of authority and responsibility
that may arise between them.
5.
Represent
this jurisdiction 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
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 governing body;
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 jurisdiction for the fair value thereof and, if required
immediately, to commandeer the same for public use;
c.
To require emergency services of any 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 deemed necessary in the execution of duties; such persons shall
be entitled to all privileges, benefits, and immunities as are provided
by state law for registered disaster services workers;
d.
To requisition necessary personnel or material of the departments
or agencies; and
e.
To execute all ordinary power as city manager all of the special
powers conferred by this chapter or by resolution or emergency plan
pursuant hereto adopted by the governing body, all powers conferred
by any statute, by any agreement approved by the governing body, 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 duties during an emergency.
Such order of succession shall be approved by the Governing body.
C.
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 this jurisdiction; and
shall have such other powers and duties as may be assigned by the
director.
D.
In the
event of the proclamation of a local emergency or state of emergency,
or the existence of a state of war emergency, the director shall also
have the following powers:
1.
To
make and issue rules and regulations on matters reasonably related
to the protection of life and property as affected by such emergency.
Such rules and regulations must be confirmed at the earliest practicable
time by the city council;
2.
To
obtain vital supplies, equipment and other property found lacking
and needed for the protection of life and property, and to bind the
city for the fair value thereof. If required immediately, he or she
shall have the power to commandeer the same for public use;
3.
To
require emergency service of any city officer or employee. In the
event the proclamation of a "state of emergency" in San Mateo 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 these duties. Such persons shall be entitled to
all privileges, benefits and immunities as are provided by state law
for registered disaster service workers; and
4.
To
requisition necessary personnel or material for any city department
or agency.
5.
To
execute:
a.
All of his or her ordinary powers as city manager;
b.
All of the special powers conferred upon him or her by this chapter
or by resolution adopted pursuant thereto; and
c.
All powers conferred upon him or her by any statute, agreement approved
by the city council or by any other lawful authority, and in conformity
with Section 38791 of the Government Code.
6.
To
exercise complete authority over the city and to exercise all police
power vested in the city by the constitution and general laws of the
state.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
All officers and employees, 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 2.48.060(D)(3)
of this chapter, be charged with duties incident to the protection
of life and property during such emergency, shall constitute the emergency
organization of the city of San Bruno.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
The city of San Bruno Disaster Council shall comply with the
California Emergency Services Act.
(Ord. 1874 § 3, 2019)
The city of San Bruno Disaster Council shall be responsible
for the development of the emergency plan, which plan shall provide
for the effective mobilization of all of the resources of this jurisdiction,
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 governing body.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
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 city of San Bruno.
(Ord. 1874 § 3, 2019)
The city shall be a member of the San Mateo Operational Area
Disaster Organization, which serves to coordinate emergency services
and disaster plans, programs and agreements between the political
subdivision and the officer of emergency services of the state. The
mayor, or an alternate from and designated by the city council shall
be a member of said disaster organization, which serves as the governing
body for the area disaster organization.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
It shall be a misdemeanor, punishable in accordance with Section 1.28.010(A) (Violations of a misdemeanor or infraction) of this code, 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
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 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.
(Ord. 1621 § 2, 1999; Ord. 1874 § 3, 2019)
A.
There
is hereby established the San Bruno Emergency Preparedness Committee
of the city. The committee shall consist of five members, who shall
be residents of the city and not employees of the city (members serving
at the time this chapter takes effect are excepted).
B.
The
committee shall be assisted by the director of public works or his
or her designated representative, the chief of police or his or her
designated representative, and the fire chief or his or her designated
representative.
C.
Members
of the committee shall be appointed by and serve at the pleasure of
the mayor with the majority approval of the city council, subject
to removal at any time, pursuant to city council procedures. If a
vacancy shall occur in such appointment other than by expiration of
term, it shall be filled by appointment for the unexpired term.
D.
The
term of office of each member is four years.
E.
The
emergency preparedness committee shall have the following duties:
1.
To
prepare the citizens of the city for disasters and emergencies through
the provision of emergency preparedness education;
2.
To
advise and make recommendations to the director of emergency services
regarding the posture of the city to render emergency relief to its
citizens and their property in the event of a major disaster;
3.
To
maintain liaison with the county disaster office through the disaster
coordinator;
4.
To
compile and maintain a file for ready reference of all resources available
within the city that may be required for emergency relief;
5.
To
act as a planning staff at the direction of the director of emergency
services to prepare plans for the protection and relief of the community
in event of a disaster; and
6.
To
perform such other duties and functions as may be directed by the
director of emergency services.
F.
Any
official recommendation or actions of the emergency preparedness committee
shall be made to the director of emergency services.
G.
The
director of emergency services may approve, modify or deny such recommendations
or actions, or refer them to the city council. He or she may also
refer matters back to the emergency services committee for further
study.
H.
All
members of the committee shall be voting members.
I.
Three
committee members shall constitute a quorum for the transaction of
business.
J.
The
committee shall elect a chairperson, vice chairperson and secretary
for a one year term each January. In the absence of a chairperson,
or if a vacancy occurs in the office of chairperson, the vice chairperson
shall serve as chairperson.
K.
The
committee shall establish a regular meeting schedule. In accordance
with the Ralph M. Brown Act, all meetings shall be open and public,
except as otherwise permitted by law. Such regular meeting schedule
shall be approved by resolution of the city council.
L.
Special meetings, adjournments and continuances of meetings, hearings, executive sessions during meetings and disorderly conduct during meetings shall be governed by Sections 2.04.040 through 2.04.090, with all references therein to the city council and the mayor or residing officer to be applicable, for purposes of this section, to the committee and its chairperson or presiding officer.
M.
By-laws.
The committee shall prepare by-laws governing its operations and including
rules of procedure governing the conduct of its meetings. Except as
provided in the rules of procedure to the contrary, Robert's Rules
of Order Revised shall govern the conduct of such meetings. The by-laws
shall be approved by the city council. The committee shall review
its by-laws on an annual basis.
N.
Minutes.
The committee shall issue copies of the minutes of each committee
meeting to the city manager, the city clerk and the city council.
O.
Annual
Report. The committee's actions, activities and achievements during
the preceding year, its goals for the subsequent year and any recommendations
for improvement in providing service to the city. A summary of the
annual report shall be presented orally at a regular city council
meeting.
(Ord. 1621 § 2, 1999; Ord. 1639 § 2, 2001; Ord. 1874 § 3, 2019)
