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Ordinance 1676Alameda City Ordin teas Ordinance No. 1676 New Series CITY OF ALAMEDA Ordinance No. 1676 New Series CREATING THE CITY OF ALA - MEDA DISASTER COUNCIL, PRO- VIDING FOR MEMBERSHIP, DI- RECTOR AND OTHER OFFICES THEREOF,PRESCRIBING DUTIES, FUNCTIONS AND RE- SPONSIBILITIES OF SAME, AND REPEALING ORDINANCE NOS. 1029, 1142 AND 1575, NEW SERIES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF A SE.,1 EDA; 1. PURPOSES. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public a g e n c i e s , corporations ornizations, and affected private persons. SECTION 2. DEFINITION. As used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused b such con - ditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other con- ditions, including conditions resulting. war or im- minent treat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel equip - ment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. SECTION 3. DISASTER C O U N C l LMEMBERSHIP. The City of Alameda Disaster Council is hereby created and shall consist of the followin A. The Mayor, who shall be Chairman. B. The City Manager who shall be the Director of Emergency Services and Vice - Chairman. C. The Assistant Director of Emergency Services. D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. SECTION 4. DISASTER COUNCIL POW ERS AND DUTIES. It shall be the duty of the City of Alameda Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such or- dlnances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman or, in his absence from the city or inability to call such meeting, upon call of the Vice - Chairman. SECTION 5. DIRECTOR AND ASSISTANT DIRECTOR OF EM ERG EN CY S ERV IC ES. A. There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. B. There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director. SECTION 6. POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EM ERG ENCY S ERVIC ES. A. The Director is hereby empowered to (1) Recliiest 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 emergeripy is proclaimed by the Director, the City Council shall take action to Alameda City Ordin ces Ordinance No. 1676 New Series ratify the proclamation within 7 days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a . "state of emergency" when, in the opinfon of the Director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this ordinance. (4) Direct cooperation between and coordination of serv- ices and staff of the emer- gency organization of this city; and resolve questions of `authority and responsi- ility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a "local emergency" a s 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 w a r emergency," the Director is hereby em- powered: a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such ern er g ency ` p however, such rules and regulations must be con- firmed at the earliest practicable time by the City Council; (b) To obtain vital supplies, equipment, and such other properties found lacking a n d needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to com- mandeer the same for public use; (c) To require emergency services of any city officer or employee and, in the event of the proclamation or a "state of emergency" in the county in which this city is located or the existence Of a "state of war emer nc ," to command the aid of as many citizens of this community as he deems necessary in the excution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (d) To requisition necessary personnel or material of any city department or agency; and (e) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this ordinance or by resolution or emergency p 1 a n pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. ? 'l'tie Director of Emergency Services shall designate the order of suc- cession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise per- form his duties during an emergency. Such order of succession . shall be approved by the City Council. r rhea AsikiRtant Director shall, under the supervision of the Director and with the a.ss1stance of emergency se r vi c e chiefs, develop emergency plans and manage the emergency programs , of this city; and shall have such other powers and duties as may : be assigned by the Director; SECTION 7. EMERGENCY ORGANIZATION. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an. emergency, and all groups; organizations. and persons who may by agreement or operation or law, including persons impressed into service under the provisions of Section 6.A.(6)(c) of this ordinance, be charge with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the City of Alameda. Alameda City Ordin ces Orditianro No. 1.676 New Series S ECTION 8. EVI ERG EN C Y PLAN. The City of Alameda Disaster Council shall be responsible for the develop- ment of the City of Alameda Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency. or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. SECTION 9. E PENDITURES. Any ex- penditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Alameda. SECTION . 10. PUNISHMENT OP VIOLATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars (8500), or by imprisonment for not to exceed six months, or both, for any erson, during an emergency, o: A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the per- formance of any duty im- posed upon him by virtue of this ordinance. B. Do any act forbidden by a n y lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or to immeril the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. SECTION 11, .RE,PEAL OF CON- FLICTING ORDINANCES. Ordinance Nos. 1029, 1142 and 1575. New Series, be and the same hereby are, and each is, repealed. SECTION 12. EFFECTIV E DATE. This ordinance shall become effective thirty (30) days from and after its passaQVI. SECTION 13. SEVERABILITY. :my provision of this ordinance or the application thereof to any person or circumstance is held invalid, 51.1Ch validity shall not affect other° provi- ions or applicatiuns, and to this end the provisions of this ordinance are de- clared to be severable. TERRY LA CROIX, Presiding Officer of the Council Attest: IRMA L. N ELSON City Clerk 1, the uncte.rsignect, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meetlng assembled on the 5th day of September, 1972, by the following vote, to wit: AYES: Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5). NOES: None. ABS ENT: None. IN WITNESS WHEREOF, I have hereunto set my .hand and affixed the official seal of said City this 6th day of September. 1.97a IRMA L. N ELSON City Clerk of the City of Alameda A-784----Published Sept. 8,1972.