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(A) It shall be the duty of the Director of Emergency Services, and he/she is hereby empowered, to develop and recommend for adoption by the City Council, 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.
(B) The Disaster Council shall meet upon call of the chairperson; or, in his or her absence from the city or inability to call such a meeting, upon the call of the vice-chairman.
(‘81 Code, § 8.12.040) (Am. Ord. 1288, passed 12-4-19)
(A) There is created the office of the Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(B) The Director is empowered:
(1) To request the City Council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time, but in no case shall such proclamation remain in effect for a period in excess of seven days unless it has been ratified by the City Council;
(2) To request the Governor to proclaim a state of emergency when, in the opinion of the Director, the resources of the area or region are inadequate to cope with the disaster;
(3) To control and direct the effort of the Disaster Organization of this city for the accomplishment of the purposes of this chapter;
(4) To direct coordination and cooperation between divisions, services and staff of the Disaster Organization of this duty, and to resolve questions of authority and responsibility that may arise between them; and
(5) To represent the Disaster Organization of this city in all dealings with public or private agencies pertaining to disasters as defined herein.
(‘81 Code, § 8.12.050) (Am. Ord. 1288, passed 12-4-19)
In the event of the proclamation of a local disaster or an emergency as provided in this chapter, or the proclamation of a state of emergency by the Governor or the Director of the California Disaster Office or during a "state of war emergency," which condition 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, 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 disaster; provided, however, that such rules and regulations be confirmed at the earliest practicable time by the Council;
(B) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;
(C) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of disaster or state of emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this community as he or she thinks 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 civil defense and disaster service volunteers;
(D) To requisition necessary personnel or material of any city department or agency; and
(E) To execute all of their ordinary power as City Manager, all of the special powers conferred upon them by this chapter or by resolution adopted pursuant thereto, all powers conferred upon them by any statute, agreement approved by the City Council, or by any other lawful authority, and in conformity with Cal. Gov't Code § 38791, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and the general laws.
(‘81 Code, § 8.12.060) (Am. Ord. 1288, passed 12-4-19)
All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons pressed into service under the provisions of § 34.06(C), who may be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the Disaster Organization of the city.
(‘81 Code, § 8.12.070) (Am. Ord. 1288, passed 12-4-19)
(A) The functions and duties of the Disaster Organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution.
(B) The City Council shall, concurrently with the adoption of this chapter, adopt a resolution setting forth the form of organization, the establishment and designation of divisions and services, the assignment of functions, duties and powers and the designation of officers and employees. Insofar as possible the form of organization, titles and terminology shall conform to the recommendations of the disaster agencies of the federal government and the state.
(‘81 Code, § 8.12.080) (Am. Ord. 1288, passed 12-4-19)
It is unlawful for any person during a disaster:
(A) To willfully obstruct, hinder or delay any member of the Civil Defense and Disaster 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 or her by virtue of this chapter;
(B) To do any act forbidden by any lawful rules or regulations 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 to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; or
(C) To wear, carry or display, without authority, any means of identification specified by the Civil Defense and Disaster Agency of the state.
(‘81 Code, § 8.12.090) (Am. Ord. 1288, passed 12-4-19) Penalty, see § 34.99
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