The director shall have the following powers and duties:
A. To request the city council to proclaim the existence of a “local emergency” if said council is in session, or to issue such proclamation if said council is not in session, subject to ratification by the city council at the next regular meeting of the city council. If such action is not ratified by the city council as provided herein, the proclamation of the director shall have no further force or effect;
B. To request the city council to request the governor to proclaim the existence of a “state of emergency” if said city council is in session, or to issue such request if said council is not in session, subject to ratification by the city council at the next regular meeting of the city council, when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;
C. To make key appointments, and to make all other appointments or delegate the making of the same, within the disaster corps;
D. To represent the city in all dealings with public or private agencies on matter pertaining to emergencies as defined herein;
E. During the existence of a “state of war emergency”, as defined in Government Code Section 8558(a), or the proclaimed existence of a “state of emergency” by the governor or the director of the State Office Emergency Services, or a “local emergency” affecting the city, to:
1. To control and direct the activities of the disaster corps and all other facets of the emergency organization of the city for the accomplishment of the purposes of this chapter;
2. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations must be ratified at the earliest practicable times by the city council;
3. To use all city resources for the preservation of life and property and to reduce the effects of the disaster;
4. To direct cooperation between and coordination of services and staff of the emergency organization of the city and to resolve questions of authority and responsibility which may arise between them;
5. To obtain vital supplies, equipment and such other property found needed and lacking 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;
6. To delegate elected and appointed officials of the city such duties and authority as the director deems necessary;
7. To require emergency services of any city officer or employer and, in the event of the proclamation of a “state of emergency” in the city, or a “state of war emergency” to command the aid of as many citizens of the city as the director deems necessary in the execution of the duties required of him/her by this chapter; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;
8. To requisition necessary personnel or material of any city department or agency;
9. To execute all of the ordinary powers of the city manager; all of the special powers conferred upon the director by this chapter or by resolution or emergency plan adopted by the city council; all powers conferred upon the director or city manager by statute or agreement approved by the city council; and any other lawful authority granted to the director in that capacity or the capacity of city manager;
10. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein;
11. To exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws.
F. In addition to the powers granted herein, the director shall have such powers incidental to the performance of his or her duties as shall be necessary to allow him/her to carry out the disaster operations plan of the city, it being the intent of this chapter that the enumerated powers herein are not limitations upon his or her powers;
G. The director shall designate the order of succession to his office subject to approval by the city council; which shall be in effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. (Ord. 173 § 2, 1997)