Agenda

Return

C. 7

To:	Board of Supervisors
From:	Monica Nino, County Administrator
Date:	August 8, 2023

Contra

Costa

County

Subject:

Adopt Ordinance to Update the Disaster Council and Emergency Services and Continuity of Government Sections of the County Ordinance Code

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/08/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Timothy M. Ewell, (925) 655-2043

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: August 8, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Ordinance No. 2023-15, amending the Disaster Council and Emergency Services Ordinance to revise the membership of the County Emergency Services Policy Board and update continuity of County government provisions.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The County Ordinance Code includes sections related to emergency services and disaster response, which set forth the County's framework for disaster response planning, emergency operations and recovery operations following an activation in response to a disaster. The County Administrator's Office initiated a comprehensive review of the County's emergency response structure within the County Ordinance Code resulting in a number of recommendations to update, modernize and streamline provisions that are, in some cases, 30-50 years old and no longer reflect our current day-to-day operations. In Contra Costa County, the County Administrator is the Administrator of Emergency Services and day-to-day functions of the Office of Emergency Services are operated by the Sheriff's Office.

BACKGROUND: (CONT'D)

Chapter 42-2, "Disaster Council and Emergency Services”

This section of the Ordinance Code relates to 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. Below is a summary of the proposed updates to this section of the Ordinance Code.

Emergency Services Policy Board. The Emergency Services Policy Board (ESPB) is established by the Ordinance Code and is advisory to the County Administrator on County emergency preparedness planning efforts. Historically, the ESPB has been composed of fourteen (14), including both internal and external County stakeholders across several disciplines identified by job title (e.g., County Administrator, Sheriff-Coroner, etc.), but hasn't been updated in over 20 years. Since that time, certain job titles and related positions have been cancelled or retitled resulting in the need to update this section of the Code. In addition, the current membership composition is recommended to be updated from fourteen (14) members to twelve (12) members. This would remove the Chief Assistant County Administrator from the ESPB since the County Administrator is already a member and also remove the Director of Emergency Services from the ESPB since the Sheriff-Coroner is already a member. In the case of the Director of Emergency Services, that position is proposed to be designated as staff to the ESPB, which is the current practice.

Administrator of Emergency Services, alternates. Clarifies that appointment of alternates to the Administrator of Emergency Services (the County Administrator in cases of a disaster) is to be made annually by the Board of Supervisors and are consistent with the County Administrator's standby officers in accordance with Government Code section 8638.

Use of Gender-Neutral Pronouns. The proposed edits to this area of the Ordinance Code also remove gender bias in the text by using gender neutral pronouns or references to specific job titles rather than gender specific pronouns. For example, references throughout the document to "he" in reference to the County Administrator are replaced with "the county administrator."

Chapter 42-4 “Continuity of Government"

This section of the Ordinance Code relates to 1) succession planning of the Board of Supervisors should members of the Board become unavailable in a disaster; 2) procedures for establishing a list of standby officers annually; and 3) appointment of temporary members of the Board of Supervisors should members of the Board and their standby officers become unavailable. Below is a summary of the primary updates to this section of the Ordinance Code.

Appointments for Succession. Each year, the Board of Supervisors appoints three standby officers to serve in their stead in cases where a member of the Board becomes unavailable pursuant to Government Code section 8638. The proposed updates to the Ordinance Code clarify that this process must occur annually. In addition, the proposed updates clarify the succession of duties from the Chair of the Board of Supervisors to the Vice Chair of the Board of Supervisors in cases where the Chair becomes unavailable. Specifically, if the Chair becomes unavailable, the responsibilities of the Chair transfer to the Vice Chair, not to the standby officer of the Chair. Similarly, if the Vice Chair subsequently becomes unavailable, then the responsibilities of the Chair transfer to the board member with the longest seniority on the board, not the standby officer of the Vice Chair.

Procedures. The current Ordinance Code makes legacy references to areas of the Military and Veterans Code, which have since been repealed, related to the duties of standby officers. The proposed Ordinance Code updates include current citations of relevant statute relating to both the appointment of standby officers and their duties, which is covered in various areas of the Government Code. This area of the Ordinance Code has not been updated in several decades and remains largely the same, but with the appropriate statutory references and citations.

Temporary Appointments. In cases where all of the Board of Supervisors, including their standby officers (three officers for each Board member; 15 total) become unavailable, temporary members of the Board of Supervisors may be appointed to maintain continuity of government operations. These temporary members of the Board of Supervisors may serve until members of the Board, or their standby officers, become available to continue serving or until such time as an election or appointment of a new regular or standby member of the Board of Supervisors is made. Currently, the Ordinance Code contemplates a process where the Chair of the Board of Supervisors in certain counties listed in the code can make appointments of temporary Board members in Contra Costa County under the unique circumstances previously discussed; however, Government Code section 8644 clearly identifies the procedure for making such an appointment. The proposed updates to the Ordinance Code contemplate the statutory process outlined in Government Code section 8644, which provides that 1) the Chair of the Board of Supervisors in any other county within 150 miles, beginning with the nearest and most populated county and going to the farthest and least populated, shall make the temporary appointment, but if that person is unavailable, then 2) the mayor of any city within 150 miles, beginning with the nearest and most populated city and going to the farthest and least populated, shall make the temporary appointment.

Today's action requests that the Board of Supervisors adopt the proposed Ordinance amending certain areas of the County Ordinance Code related to the Disaster Council and Emergency Services and Continuity of Government as outlined above. On August 1, 2023, the Board of Supervisors introduced the ordinance, waived reading and scheduled August 8, 2023 for adoption. A copy of Ordinance No. 2023-15 is attached, along with redlined and clean copies of the Chapter 42-2, "Disaster Council and Emergency Services” and Chapter 42-4 “Continuity of Government" sections of the County Ordinance Code for reference.