Sec. 10-1. - Purpose of article.

The purpose of this article is to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8550); to provide for the preparation and carrying out of plans for the protection of persons and property within the Sonoma County/operational area in the event of an emergency; to provide for the mitigation of the effects of natural, man-made, or war-caused emergencies which result in conditions of disaster or extreme peril to life, property, or the resources of the county of Sonoma; and to create an organization based on the standardized emergency management system (SEMS) (Government Code Section 8607) and the National Incident Management System (NIMS) and Homeland Security Presidential Directive-5 (HSPD-5) to coordinate the efforts of the various emergency services agencies, both public and private, within the County of Sonoma dealing with emergencies.

(Ord. 5761§ 1, 2007: Ord. No. 5204 § 1, 1999: Ord. No. 1593 § 2.)

Sec. 10-2. - Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"County" means the county of Sonoma.

"Director" means the director of emergency services of the county/operational area.

"Disaster service worker" shall be as prescribed in Chapter 1 (commencing with 3201) of Part 1, Division 4 of the Labor Code.

"Emergency" means the existence of a state of war emergency, state of emergency, or local emergency as herein defined.

"Emergency council" means the Sonoma county/operational area emergency council organized pursuant to the provisions of Section 10-7 of this chapter.

"Emergency services organization" means all officers and employees of the county/operational area, all persons enrolled to aid such officers and employees during an emergency, and all officers and employees of political subdivisions, groups, organizations, or persons, who may, by agreement, or by operation of law, be charged with duties incident to the protection of life and property within the county during an emergency, or who may be impressed into service pursuant to law.

"HSPD-5" means Homeland Security Presidential Directive — 5 signed by President George W. Bush, February 28, 2003 to manage domestic incidents by establishing a single, comprehensive national incident management system.

"Incident command system (ICS)" means a nationally used standardized on-scene emergency management concept specifically designed to allow users to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries.

"Local emergency" means the duly proclaimed existence, or threatened existence, of conditions of disaster or of extreme peril to the safety of persons and property within the territory of the county or within any portion thereof, caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, tsunami, act of terrorism, 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 a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the County 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.

"National Incident Management System (NIMS)" means the system mandated by HSPD-5 that provides a consistent nationwide approach for Federal, State, local, and tribal governments; the private-sector, and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among federal, state, local, and tribal capabilities, the NIMS includes a core set of concepts, principles, and terminology. HSPD-5 identifies these as the ICS; multi-agency coordination systems; training; identification and management of resources (including systems for classifying types of resources); qualification and certification; and the collection, tracking, and reporting of incident information and incident resources.

"Operational area" means an intermediate level of the State Emergency Services Organization, consisting of the county of Sonoma and all political subdivisions within the county area.

"Political subdivision" means all counties, city and counties, cities, districts, and other local government agencies or public agencies authorized by law in the state of California, including the county of Sonoma.

"Standardized Emergency Management System (SEMS)" means a management tool intended to standardize response to emergencies involving multiple jurisdictions or multiple agencies. SEMS requires emergency response agencies to utilize basic principals and components of emergency management including: Incident command system (ICS), multi-agency or interagency coordination, the operational area concept, and established mutual aid systems.

"State of emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within this state caused by such conditions as air pollution, fire, flood, hazardous material incident, 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 or earthquake, or other conditions, other than conditions resulting from a labor controversy, or conditions causing a "state of war emergency," which conditions 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.

"State of war emergency" means a condition which exists immediately with or without a proclamation thereof by the governor, whenever this state or the United States is attacked by an enemy of the United States, or upon receipt by the state of California of a warning from the federal government indicating that such an enemy attack is probable or imminent.

"Sudden and severe energy shortage" means a rapid unforeseen shortage of energy, resulting from, but not limited to, events such as an embargo, sabotage, or natural disasters, and which has statewide, regional, or local impact.

(Ord. 5761 § 1, 2007: Ord. No. 5204 § 2, 1999.)

Sec. 10-3. - Department of emergency services.

There is Created the Department of Emergency Services. The department of emergency services shall have responsibilities which include: development and maintenance of county/operational area emergency plans; supervision and maintenance of the county/operational area emergency operations center; coordination of county/operational area disaster preparedness, response, recovery and mitigation; serving as the coordination link between the local government level, the regional, state and federal level, and as liaison between the operational area jurisdictions/agencies, the California Governor's Office of Emergency Services (OES), California Governor's Office of Homeland Security (OHS), the Federal Emergency Management Agency (FEMA), and the Federal Department of Homeland Security (DHS); providing training, exercises, and educational outreach to agencies within the operational area; and coordination of resource and information management, public information/warning systems, mutual aid, and damage assessment information.

(Ord. 5761 § 1, 2007: Ord. No. 5204 § 3, 1999: Ord. No. 1593 § 2.)

Sec. 10-4. - Director of emergency services.

The county administrator is hereby designated director of emergency services.

(Ord. 5761 § 1, 2007: Ord. No. 1593 § 2.)

Sec. 10-5. - Powers and duties.

The director is empowered to:

(a)

Direct the efforts of the department of emergency services and to direct the efforts of the emergency services organization within the county/operational area for the accomplishment of the purpose of this ordinance, or of any other law, ordinance, or rules and regulations, relating to the preparation and implementation of emergency plans or programs now in effect, or as may be hereinafter adopted in accordance with law, by the county, the state of California or the United States of America.

(b)

Request the board of supervisors to proclaim the existence of a local emergency, if the board of supervisors is in session, or to issue such proclamation of local emergency under his own authority if the board of supervisors is not in session, provided, however, that whenever a local emergency is proclaimed by the director, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force and effect after the seventh day from the date of issuance.

(c)

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 an emergency.

(d)

Promote cooperation, and resolve questions of authority and responsibility that may arise, between agencies making up the emergency services organization, and coordinate the services of and direct staff within the emergency services organization.

(e)

Upon recommendation of the emergency council, and subject to the approval of the board of supervisors, to enter into mutual aid agreements between the county and the United States, the state of California, other political subdivisions, or any corporation, individual, or group of individuals provided, however, that any mutual aid contract entered into with any political subdivision, the whole of whose territory is located within the county of Sonoma, and any contract with any corporation, group of individuals or individual, within the county, shall contain the express provision that in the event of a local emergency duly proclaimed by the board of supervisors or the director, the director shall direct all operations of the emergency services organization within the territory so designated by said proclamation, and the director shall resolve all questions of authority or responsibility that may arise between agencies responding to the proclamation of local emergency.

(f)

Represent the county in all dealings with the public or private agencies on matters pertaining to emergencies.

(g)

In the event of the proclamation of a local emergency as hereinabove provided, or the proclamation of a state of emergency or the existence of a state of war emergency, the director is empowered to:

(1)

Make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency, provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors of the county.

(2)

Obtain necessary resources, services, supplies, equipment, and such other properties found to be lacking or needed for the protection of life and property, and to bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use.

(3)

Require the immediate services of any county officer or employee and, in the event of proclamation of a state of emergency, or the existence of a state of war emergency, to command the services and aid of any citizen as he deems necessary in the execution of his duties; such persons so impressed into such service shall be entitled to all the privileges, benefits, and immunities as are provided by law for registered disaster service workers.

(4)

Requisition necessary personnel and materials from any department or agency of the county.

(5)

Execute all of his ordinary powers as county administrator, all of the special powers conferred upon him by this chapter or by any resolution or emergency plan heretofore or hereinafter adopted by the board of supervisors and all powers conferred on him by any statute, agreement or other lawful authority.

(6)

In the event of a local emergency, the director or his duly authorized representative may order any person impeding efforts of any emergency service personnel to leave the area designated as an area within which a local emergency exists. Refusal by any person to obey the lawful directions of the director or his duly authorized representative, or the hindrance or interference by any person with the lawful duties of any emergency service personnel shall constitute a violation of this code and shall be punishable in the manner provided by Section 1-7 of this code.

(h)

Director shall designate the order of succession to that office to take effect in the event the director is unable to attend meetings, or to otherwise perform his duties during an emergency. Said orders of succession shall be approved annually by the board of supervisors.

(Ord. 5761 § 1, 2007: Ord. No. 5204 § 4, 1999: Ord. No. 3552 § 1; Ord. No. 1742; Ord. No. 1593 § 2.)

Sec. 10-6. - Repealed by Ord. No. 5204 § 5.

Sec. 10-7. - Emergency council—Membership.

(a)

There is created the Sonoma County/operational area emergency council.

(b)

The emergency council shall consist of the following members:

(1)

The chairman of the board of supervisors of the county;

(2)

The director or designee;

(3)

The county director of the department of emergency services (county fire chief) or designee;

(4)

The county sheriff or designee;

(5)

The county director of general services or designee;

(6)

The county director of information systems or designee;

(7)

The county director of the department of health services or designee;

(8)

The county director of human resources or designee;

(9)

The county director of human services or designee;

(10)

The county director of permit and resource management department or designee;

(11)

The county director of the department of transportation and public works or designee;

(12)

The general manager of the sonoma county water agency or designee;

(13)

The Regional Manager of Coast Valleys EMS agency or designee;

(14)

One (1) representative from each of the incorporated cities within the county, appointed from time to time by the respective city councils;

(15)

One (1) member representing the public utilities within the county engaged in the transmission of power, gas, telephonic or telegraphic communications or other similar utility, appointed annually by the chair of the emergency council;

(16)

One (1) member representing the public schools in the county appointed annually by the Sonoma County superintendent of schools;

(17)

One (1) member representing the general public appointed annually by the chair of the emergency council;

(18)

One (1) member representing the local chapter of the American Red Cross;

(19)

One (1) representative from the California National Guard;

(20)

One (1) representative from the United States Coast Guard Two Rock Training Center;

(21)

One (1) representative from each specific state agency utilized in County's emergency response including, but not limited to, California Department of Forestry & Fire Protection (Cal- Fire), California Highway Patrol (CHP), and California Office of Emergency Services (OES);

(22)

One (1) representative from any signatory party of the Operational Area Agreement in force, not previously identified herewithin.

(c)

Chairman of the board of supervisors shall be ex officio chairman of the emergency council. In his absence the director shall serve as chairman.

(Ord. 5761 § 1, 2007: Ord. No. 5204 § 6, 1999: Ord. No. 4628 § 1, 1993: Ord. No. 3552 § 2; Ord. No. 1720; Ord. No. 1593.)

Sec. 10-8. - Emergency council—Powers and duties.

(a)

The emergency council is empowered to study, revise, and recommend to the board of supervisors for adoption, the Sonoma County/operational area emergency plan, and to review and recommend action upon all proposed mutual aid agreements with the United States, state of California, other political subdivisions, corporations, groups, or individuals, and to review and recommend the adoption of such ordinances, resolutions and rules and regulations as may be necessary to implement the Sonoma County/operational area emergency plan or any mutual aid agreement entered into pursuant to such plan. Such plans shall take effect only upon its adoption by resolution by the board of supervisors of the county.

(b)

The emergency council shall meet at least semiannually. The chairman may call such other meetings as are deemed necessary.

(c)

A member of the department of emergency services staff shall be ex officio secretary of the emergency council and shall provide such administrative, technical and other assistance to the emergency council as may be needed and as are approved by the director.

(d)

Each calendar year, the emergency council shall review the goals and objectives for the county/operational area. The council will recommend approval or suggest changes to the director of emergency services.

(e)

Approval of recommendations by the emergency council shall be by majority vote, a quorum of members being present. Presence in person by a majority of the members of such council shall constitute a quorum for the transaction of business. The emergency council shall appoint such committees as shall be necessary to advise the council on questions relating to management of resources, communications, health services, utilities, the preservation of peace and safety, and in such other areas as may be deemed necessary by the council.

(f)

The emergency council shall periodically review the county/operational area emergency plan and recommend to the board of supervisors its retention, amendment or repeal.

(g)

The emergency council may recommend the calling and conducting of test exercises, either singularly or in conjunction with the United States, state of California, or any political subdivision, corporation, group or individual. The emergency council may recommend such exercises as it deems necessary: provided, however, that no person conducting such exercises shall have the power to command the assistance of any private citizen, and the failure of any citizen to obey any order or regulation pertaining to the test exercise shall not constitute a violation of this chapter.

(h)

The emergency council shall approve any of the county/operational area's funding distribution proposals to the extent required by the California Office of Emergency Services.

(Ord. 5761 § 1, 2007: Ord. No. 5204 § 7, 1999: Ord. No. 4628 § 2, 1993; Ord. No. 1593 § 2.)

Sec. 10-9. - Expenditures.

Any expenditure made in connection with the emergency services organization, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants of and property of the county of Sonoma.

(Ord. 5761 § 1, 2007: Ord. No. 1593 § 2.)

Sec. 10-10 through Sec. 10-16. - Repealed by Ord. No. 1593 § 1.