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Ordinance 1029ORDINANCE 1029 AN ORDINANCE CREATING A CITY OF ALAMEDA CIVIL DEFENSE AND DISASTER COUNCIL AND THE POSITION OF DIRECTOR OF CIVIL DEFENSE AND DISASTER. AND PRESCRIBING THEIR DUTIES AND RESPONSIBILITIES, AND RE- PEALING ORDINANCE NO. 763, N. S. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: SECTION 1. Purposes. The declared purposes of this ordinance are to pro- vide for the preparation and carrying out of plans for the civil defense of persons and property within this city in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this city with all other public agen- cies and affected private persons, cor- porations and organizations. Any ex- penditures made in connection with such civil defense and disaster activi- ties, 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 2. Definitions. A. Civil De- fense. As used in this ordinance, the term "civil defense" shall mean the preparation for the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, mini- mize, and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this ordinance apply to any condition re- lating to a labor controversy. B. Disasters. As used in this ordi- nance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. Civil Defense and Disas- ter Council. Membership. The City of Alameda Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be Chair- man. B. The City Manager, who shall be Vice-Chairman and Director of Civil Defense and Disaster. C. The Assistant Director of Civil Defense and Disaster, appointed by the Director with the approval of the City Council, who, under the super- vision uf the Director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this City, and shall have such other duties as may be assigned by the Director, and who shall serve at the pleasure of the Director. D. Such deputy directors and chiefs of operating civil defense and dis- aster departments, services or divisions as are provided for by resolution pur- suant to this ordinance. E. Such representatives of civic, business, labor, veterans, professional or other organizations having an offi- cial group or organization civil de- fense and disaster responsibility as may be appointed by the Mayor with the approval of the City Council, and who shall serve at the pleasure of the City Council. SECTION 4. Civil Defense and Dis- aster Council. Powers and Duties. It shall be the duty of the City of Ala- meda Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, c:vil defense and disaster and n1utual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The civil de- fense and disaster council shall meet upon call of the Chairman or, in his absence from the city or inability to call such meeting, upon the call of the Vice-Chairman. SECTION 5. Director of Civil Defens'e and Disaster. Powers and Duties. There is hereby created the office of Director of Civil Defense and Disaster. The City Manager shall be the Director of Civil Defense and Disaster and is herein referred to as "Director." Dur- ing the absence of the City Manager from the City of Alameda the City Attorney shall be, and he is hereby, appointed Acting City Manager and Acting Director, and he shall have all of the powers herein granted and shall perform all of the duties of the City Manager and Director hereby imposed uniil the return of the City Manager to the City. If the City Manager and the City Attorney should both be absent from the City of Alameda, then the City Engineer shall be, and he is hereby, appointed Acting City Man- ager and Acting Director, and he shall have all of the powers herein granted and shall perform all of the duties of the City Manager and Director here- by imposed until the return to the City of either the City Manager or City Attorney. The Director is hereby empowered: A. To request the City Council to determine the existence or threatened existence of public danger or emer- gency or disaster and the termination thereof, if the City Council is in ses- sion, or to issue such proclamation if the City Council is not in session, sub- ject to confirmation by the City Coun- cil at the earliest practicable time. B. To request the Governor to pro- claim a state of extreme emergency when, in the opinion of the Director the resources of the area or region are inadequate to cope with the dis- aster. C To control and direct the effort of the. civil defens.e and disaster organ- 1zat10n of this city for the accomplish- ment of the purposes of this ordinance. D To direct coordination and coop- eration between divisions, services and staff of the civil defense and disaster organization of this city, and to re- solve questions of authority and re- sponsibility that may arise between them. E. To represent the civil defense and disaster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster. SECTION 6. In the event of the de- termination or proclamation of public danger, emergency or disaster as here- in provided, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, the Director is hereby empowered: A. To make and issue rules and reg- ulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. B. To obtain vital supplies, equip- ment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to Alameda City Ordinances Ordinance No. New Series 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 extreme emergency by the Governor in the region in which this city is lo- cated, to command the aid of as many citizens of this community as he thinks necessary in the execution of these duties; such persons shall be entitled to all privileges, benefits and immuni- ties as are provided by State law for registered civil defense and disaster worker volunteers. D To requisition necessary personnel or materials of any city department or agency. E. To execute all of his ordinary powers as City Manager, all of the special powers conferred upon him by this ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority, and in con- formity with Section 38701 of the Gov- ernment Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws. SECTION 7. Civil Defense and Dis- aster Organization. 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 who may by agreement or operation of law, in- cluding persons pressed into service under the provisions of Section 6 (c) of this ordinance, be charged with duties incident to the protection of life and property ln this city during such dis- aster, shall constitute the civil defense and disaster organization of the City of Alameda. SECTION 8. Divisions, Services and Staff of the Civil Defense and Disaster Organization. The functions and duties of the City of Alameda civil defense and disaster organization shall be dis- tributed among such divisions, services and special staff as the City Council shall prescribe by resolution. The City Council shall concurrently with the adoption of this ordinance adopt a resolution setting forth the form of organization, establishment and designation of divisions and vices. the assignment of functions, ties and powers, the designation officers and employees. Insofar sible, the form of organization, and terminology shall conform to recommendations of the Federal gov- ernment and the Civil Defense agency of the State of California. SECTION 9. Punishment of Viola- It shall be a misdemeanor, pun- by a fine of not to exceed or by imprisonment for not to six (6) months, or both, for any person during a disaster: A. Wilfully to obstruct, delay any member of the and disaster organization forcement of any lawful lation issued pursuant nance, or in the performance duty imposed upon him by this ordinance. B. To do any act forbidden by any lawful rules or regulations issued pur- suant 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 imperil the lives or property of in- habitants of this city, or to prevent, hinder or delay the defense or pro- tection thereof. C. To wear, carry or display, with- urgency: The National Security Resources Board of the Federal Government has recently published its plan for the civil defense of the country. The State of Caiifornia, acting in accordance with the Federal plan, has enacted and made immediately effective the "Civil De- fense Act of 1950." Both the Congress and the Legislature have adopted eom- prehensive civil defense and disaster laws. Both Federal and State plans conternplate hnmediate adoption of such local legislation as is necessary to put into operation a coordinated and effective civil defense and disaster program so that each citizen and each community will be ready in the event of a disaster to afford as complete pro- tection as is possible to life and prop- erty. In order that the laws of this city relating to civil defense and dis- aster may be brought into conformity with the Federal and State plans at the earliest possible date, it is sary that this ordinance take immediately. SECTION 12. Severability. provision of this ordinance or plication thereof to any person circumstances is held invalid, such vahdity shall not affect other pro- visions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordi- nance are declared to be severable. FRANK P. OSBORN, Officer of the Council.