2.40.060 Director of Emergency Services–Powers and Duties.
   The Director is 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.   Develop emergency plans with the assistance of the emergency organization for consideration by the Disaster Council and manage the emergency programs of this City;
   D.   Control and direct the effort of the emergency organization for this City for the accomplishment of the purposes of this chapter;
   E.   Direct cooperation between and coordination of services and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them;
   F.   Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;
   G.   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 State Office of Emergency Services, 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 as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
   2.   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 the same for public use;
   3.   Require emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the Santa Clara County Operational Area or the existence of a "state of war emergency," to command the aid of as many citizens of this community as the Director deems necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster services workers;
   4.   Requisition necessary personnel or material of any City department or agency; and
   5.   Execute all their ordinary power as City Manager, all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon them by any statute, by an agreement approved by the City Council, and by any other lawful authority. (Ord. 20-2216, § 7, 2020; Ord. 15-2129, § 6, 2015; Ord. 1697, (part), 1995; Ord. 475, § 6, 1971)