CRITERIA FOR PROCLAMATION OF A LOCAL EMERGENCY
As defined by the California Office of Emergency Services, there are no distinct legal definitions that define the point at which an emergency should be declared.
It is a judgment decision to be made by authorized personnel, based on the assessment of the severity of the situation, as it affects both the public and private sectors. The City’s Emergency Operations Plan lists criteria that may be used as a basis for determining that a situation is beyond the control of the City.
The proclamation of a local emergency must be made within 7 days after occurrence of a disaster in order to be eligible for state financial assistance under the California Disaster Assistance Act (Section 2685.2).
The proclamation of a Local Emergency provides the legal authority to:
• if necessary, request that the Governor proclaim a State of Emergency (Section 8625)
• promulgate or suspend orders and regulations necessary to provide for the protection of life and property, including issuing orders or regulations imposing a curfew within designated boundaries (Section 8634) • exercise full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements (Section 8631)
• request state agencies and other jurisdictions to provide mutual aid (Section 8632)
• require the emergency services of any local official or employee (Section 3100 et seq.)
• requisition necessary personnel and materials from any local department or agency (Municipal Code Section 2-4-107)
• obtain vital supplies and equipment and, if required, immediately A City Council Handbook for Disasters and Emergencies
22 commandeer the same for public use (Municipal Code Section 2-4-107) • impose penalties for violation of lawful orders
• conduct emergency operations without incurring legal liability for performance, or failure of performance (Note: Article 17 of the CESA, Section 8655, provides for certain privileges and immunities.) • give City employees and governing bodies certain legal immunities for emergency action taken (Section 8655 and 8657)
• expend funds in connection with the emergency (Section 53021) • appoint additional police officers when necessary for preservation of the public order (Section 38631)
• in some cases, to waive public contract bidding requirements (Public Contract Sections 1102, 10101, 20168, 22050)
Depending on the nature of the disaster and how widespread it is, the City may want to implement certain emergency orders. This will immediately fall under the purview of the Police or Fire Chief; but in any case, the City Council will likely choose to ratify such orders. As the disaster response efforts continue, staff may bring other policy items to the City Council for their approval. Conducting emergency City Council meetings in the immediate aftermath of a major disaster should be expected. How to do this is discussed earlier in this document.
A City Council Handbook for Disasters and Emergencies
23 Emergency Meetings of the City Council
Section 54954 of the Brown Act provides that if a fire, flood, earthquake, or other emergency makes it unsafe to meet in the place designated for holding regular City Council meetings, the presiding officer of the City Council, or his or her designee, can designate the place that regular meetings will be held for the duration of the emergency. The presiding officer’s designation of a meeting place under those circumstances must be:
• Made in a notice to the local media that have requested notice pursuant to Section 54956 of the Governmental Code, by the most rapid means of communication available at the time (Section 54954(e)).
The Beverly Hills Municipal Code, Section 2-1-4, provides that the “presiding officer” of the City Council is the mayor, or in the mayor’s absence, the vice mayor.
If a Local Emergency, State of Emergency, or State of War Emergency exists, and the City Council cannot meet at the designated place for regular meetings, CESA authorizes the City Council to meet at a location outside the boundaries of the City, if the circumstances warrant it and the Brown Act procedures described above are followed. (Gov't Code §§ 8642, 54954.)
The Brown Act also provides for remote teleconferencing participation in public meetings by members of a legislative body after, and only after, a state of emergency has been declared by the Governor. This provision is known as the “Public Emergency Allowance” (Gov’t Code § 54953(e).
To utilize this allowance, the following must be adhered to:
• Legislative body members shall participate through both audio and visual technology (Gov’t Code § 54953(f)(2)(C)).
• Upon calling the meeting to order, the first action shall be to determine, via rollcall vote, whether an in-person gathering poses immediate health or safety risks to attendees (Gov't Code § 54953(e)(1)(A)). • Once the determination that an imminent risk has been made, then and only then, may the legislative body conduct business under the “Public Emergency Allowance”
• All votes must be taken via rollcall.
• Every 45 days, the authorization to hold virtual meetings shall be renewed.
In addition, a continuing finding that an imminent threat to the health or safety of attendees persists shall be included in the resolution prior to the authorization of holding virtual meetings.
• Comply with all other requirements under the Act.
A City Council Handbook for Disasters and Emergencies
24 The “Public Emergency Allowance” is set to sunset on December 31, 2025, unless it is renewed.
The Brown Act (Government Code §§ 54950-54963) governs meeting access for local public bodies. The Brown Act cannot be suspended by a local proclamation of emergency or by any other local legislation. However, the Brown Act does provide some flexibility with the noticing and agenda requirements under “emergency situations.”
Emergency situations include “emergencies” and “dire emergencies.” • Emergency: Defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (Gov’t Code § 54956.5(a)(1)). In an “emergency” in which prompt action is necessary due to the disruption or threatened disruption of public services, the City Council may hold an emergency meeting without complying with the 24-hour notice requirement and/or posting requirement ordinarily required prior to a special meeting.
However, telephonic notification must be given to the media that have requested notice of special meetings at least one hour prior to when the emergency meeting is held. (Gov’t Code §
54956.5(b)(1)&(2).) All other special meeting requirements must be followed. (Gov’t Code § 54956.5(d).)
• Dire Emergency: Defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the City Council. (Gov’t Code § 54956.5(a)(2).) In a “dire emergency” in which prompt action is necessary due to the disruption or threatened disruption of public services, the City Council may hold a dire emergency meeting without complying with the 24-hour notice requirement and/or posting requirement ordinarily required prior to a special meeting.
The notice of the meeting provided to the media need not be provided one hour in advance of the meeting. Instead, it can occur at or near the time the presiding officer (or designee) notifies the members of the City Council about the dire emergency meeting. All other special meeting requirements must be followed (Gov’t Code § 54956.5(d)).
• No Telephone Service: In either an emergency or a dire emergency, if telephone services are not functioning, the media notice requirements mentioned above are deemed waived, and the A City Council Handbook for Disasters and Emergencies
25 City Council (or designee) must notify the media that the emergency meeting was held, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (Gov’t Code § 54956.5(b)(2).)
• Meeting Location: If by reason of fire, flood, earthquake, or other emergency, it is unsafe to meet in the designated meeting location, City Council meetings can be held for the duration of the emergency at a place designated by the presiding officer of the City Council (or designee). Notice of the meeting location must be given to the media that have requested notice of special meetings. That notice must be given to the media by the most rapid means of communication available at the time.
• Closed Sessions: During an emergency meeting or dire
emergency meeting, the City Council may meet in closed session as otherwise permitted by the Brown Act if agreed to by a two-thirds vote of the City Councilmembers present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.
• Post-meeting Obligations: When the City Council has conducted an emergency meeting or a dire emergency meeting, the City must post minutes of the meeting, a list of the persons notified prior to the meeting, a list of persons the City attempted to notify prior to the meeting but were unable to reach, the actions taken by the Council and roll call vote. This information must be posted in a public place, as soon after the meeting as possible and shall remain in place for ten (10) days. (Gov’t Code § 54956.5(e)).
In short, during emergency situations, the City and its officials MUST comply with the Brown Act, but the Act itself provides flexibility regarding noticing requirements and meeting locations.
Disaster Myths
This section discusses the various disaster myths that have been spread by the media and other sources. It can be difficult to get accurate and timely information during a disaster, but the City uses variety of methods to ensure that citizens receive the proper information that they need. Disaster or emergency information will be communicated via the City’s social media platforms, cable channels, 10 and 35, the City webpage, the 1500am radio channel, the Telephone Notification Systems, or the City Disaster Hotline. The Disaster Hotline will be activated in response to a specific emergency or set of circumstance which causes a large influx of calls. The number is: (310) 550-4680. Providing accurate and timely information is the key to alleviating human suffering in times of disaster.
A City Council Handbook for Disasters and Emergencies
26 Conveying this critical information to the community may be the most important function of the City Council.
Myth #1: Looting always occurs after a disaster, disasters draw mobs of converging looters, or disasters bring out the worst in people.
The media expects and seek out instances of looting. Some looting may occur, but it is not generally widespread. Crime rates have a short-term decline after a disaster.
Most of the people who spontaneously converge on a disaster are volunteers wanting to help, or sightseers causing traffic jams. If the City is ready to mitigate this issue with fences, curfews, and other mitigation measures as needed, impacts can be minimized.
In disasters, most people will help others needing assistance rather than harm them. Instead of bringing out the worst in people, disasters, especially soon after the event, often bring out the best in people. Oftentimes spontaneous volunteers will converge at a disaster site offering help. The City has a Disaster Volunteer Plan covering procedures for processing both registered and spontaneous volunteers.
Myth #2: Martial law is usually declared.
Martial law is seldom declared. After the 1906 earthquake in San Francisco, though the military patrolled the streets and had a very high profile in response efforts, martial law was not formally declared and the military generally operated at the request of civil authorities. Other cases of martial law in the U.S. occurred during the war of 1812, the Civil War, and a few instance of labor unrest. Martial Law was not declared in New Orleans after Hurricane Katrina.
A City Council Handbook for Disasters and Emergencies
27 Myth #3: Price gouging is widespread.
As with looting, the media expects and seeks out instances of price gouging.
Price gouging is infrequent, isolated, and triggers strong negative reactions from the community. State law prohibits excessive and unjustified increases in the prices of essential consumer goods and services when a declared state of emergency results in abnormal disruptions in the market. Additionally, the City Council passed an Anti-Price Gouging Ordinance, allowing the City to prosecute violations rather than on relying upon the District Attorney’s office to do so.
Myth #4: People obey evacuation orders.
Often the challenge with evacuations is getting people to leave while it is still safe to do so. People often wait too long before evacuating. It is a misdemeanor to not evacuate during a mandatory evacuation. The path of evacuation and the location to evacuate are often determined by the nature, size, severity, and hazards related to the disaster.
Every family should have a family evacuation plan and identify family meeting places; places where family members would meet out outside their home, outside their neighborhood, outside the City, and outside the State. There are predetermined shelter sites throughout the City that can be activated in an emergency. The City stores a variety of emergency supplies such as water, food, tools, cots, and blankets to use for community and employee care.
Myth #8: All donated goods are useful.
Spontaneous donations can be one of the biggest problems after a disaster and cause far more problems than they solve. Cash sent to recognized disaster relief agencies is usually the best form of assistance.
Myth #9: Most victims will be rescued by highly trained personnel.
In fact, most disaster victims are rescued by untrained people, usually other disaster victims. Los Angeles City CERT trainers report that bystanders make up 95% of the disaster response. Trained professionals will be needed where complex rescues must be done, but most rescues are simple and easily accomplished. The City of Beverly Hills offers emergency response training for employees (Employee Emergency Response Training, EERT), residents (Community Emergency Response Training, CERT), and businesses (Business CERT). CERT is designed to help our families, neighborhoods, schools, and businesses prepare for effective disaster/emergency response through training and preplanning. EERT’s purpose is to prepare City staff to provide life safety emergency response to a fire, evacuation, or other emergencies or disasters in all City-owned facilities.
Attachment 3
LETTER OF PROMULGATION
TO: OFFICIALS, EMPLOYEES, AND CITIZENS OF THE CITY OF BEVERLY HILLS The preservation of life and property is an inherent responsibility of local, state, and federal government. The City of Beverly Hills has prepared the Emergency Operations Plan to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the civilian population in time of emergency.
While no plan can prevent death and destruction, good plans carried out by knowledgeable and well-trained personnel can and will minimize losses. This plan establishes the organizational framework used in disaster response, assigns tasks, specifies policies and general procedures, and provides for the coordination of City response by utilizing the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).
The objective of this plan is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency.
This Emergency Operations Plan is an extension of the Los Angeles County Plan, the State of California Emergency Plan, and the National Response Plan. It will be reviewed and exercised periodically and revised as necessary to meet changing conditions.
The City Council gives its full support to this plan and urges all officials, employees, and citizens, individually and collectively, to do their share in the total emergency preparedness efforts of the City of Beverly Hills.
The City of Beverly Hills has previously adopted the use of the Standardized Emergency Management System and the National Incident Management System. This Emergency Operations Plan was approved by the City Council on April 22, 2025.
Sharona R. Nazarian, PsyD
Mayor, City of Beverly Hills
CITY OF BEVERLY HILLS
455 NORTH REXFORD DRIVE BEVERLY HILLS, CALIFORNIA, 90210