Ordinance 3156AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION
2 -24 TO ARTICLE II OF CHAPTER II RELATED TO EMERGENCY
ORGANIZATION AND CREATING THE CITY OF ALAMEDA DISASTER
COUNCIL
BE IT ORDAINED by the City Council of the City of Alameda as follows:
Section 1. Section 2 -24 is hereby added to Article II of Chapter II of the Alameda
Municipal Code to read as follows:
2 -24 CITY OF ALAMEDA DISASTER COUNCIL.
2 -24.1 Purpose and Intent.
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 jurisdiction in the event
of an emergency; the direction of the emergency organization; and the coordination of
the emergency functions with all other public agencies, corporations, organizations, and
affected private persons. This ordinance is neither intended to restrict nor does it
conflict with City Charter Section 6 -1 which provides that the Mayor "may take
command of the Police and Fire Departments and govern the City by proclamation
whenever the Council determines that public danger or emergency requires such
action."
2 -24.2 Definition of Emergency.
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
jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, riot,
or earthquake, or other conditions, including conditions resulting from war or imminent
threat 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,
equipment, and facilities, requiring the combined forces of other political subdivisions to
combat.
2 -24.3 Disaster Council Created; Membership.
The City of Alameda Disaster Council is hereby created and shall consist of the
following:
a. The City Manager who shall be the Director of Emergency Services and Chair.
b. The Assistant Director of Emergency Services who shall be appointed by the City
Manager and serve as Vice- Chair.
c. The Emergency Manager who shall be appointed by the City Manager and serve as
Assistant Vice - Chair.
d. Such chiefs of emergency services as are provided for in a current emergency
management plan, adopted pursuant to this ordinance.
e. Such representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as maybe appointed by
the Director with the advice and consent of the City Council.
2 -24.4 Disaster Council; Powers 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 this governing body, 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. The Disaster
Council shall meet upon call of the Chair or, upon call of the Vice -Chair (in the absence
of the Chair), or upon call of the Assistant Vice -Chair (in the absence of the Chair and
Vice - Chair).
The Disaster Council shall meet upon call of the Chair, or upon call of the Vice Chair, or
upon call of the Assistant Vice -Chair at least twice a year.
2 -24.5 Director and Assistant Director of Emergency Services; Emergency
Manager.
a. There is hereby created the office of Director of Emergency Services. The City
Manager shall be the Director of Emergency Services ( "Director ").
b. There is hereby created the office of Assistant Director of Emergency Services,
who shall be appointed by the Director.
c. There is hereby created the office of Emergency Manager, who shall be appointed
by the Director. The Emergency Manager shall be the Disaster Preparedness
Coordinator
2 -24.6 Director and Assistant Director of Emergency Services; Powers and
Duties.
a. The Director is hereby empowered to:
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 (7) days thereafter or the proclamation shall have no further force or effect.
Nothing in this paragraph shall be interpreted to conflict with Alameda City
Charter Section 3 -12 (relating to City Council ability to adopt emergency
ordinances) or Alameda City Charter Section 6 -1 (relating to mayoral duties in an
emergency).
2. 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.
3. Control and direct the effort of this emergency organization for the
accomplishment of the purposes of this ordinance.
4. Direct cooperation between and coordination of services and staff of this
emergency organization; and resolve questions of authority and responsibility
that may arise between them.
5. Represent this jurisdiction 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" as herein provided, the
proclamation of a "state of emergency" by the Governor or the Director of the
California Governor's Office of Emergency Services, or the existence of a "state
of war emergency," 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 emergency;
provided, however, such rules and regulations must be confirmed at the
earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to bind the
jurisdiction for the fair value thereof and, if required immediately, to
commandeer the same for public use;
(c) To require emergency services of any officer or employee and, in the
event of the proclamation of a "state of emergency" in the county in which
this city is located or the existence of a "state of war emergency," to
command the aid of as many citizens of this community as deemed
necessary in the execution of duties; such persons shall be entitled to all
privileges, benefits, and immunities as are provided by state law for
registered disaster services workers;
(d) To requisition necessary personnel or material of the departments or
agencies; and
(e) To execute all ordinary power as City Manager, all of the special powers
conferred by this ordinance or by resolution or emergency plan pursuant
hereto adopted by the governing body, all powers conferred by any statute,
by any agreement approved by the City Council, and by any other lawful
authority.
b. The Director of Emergency Services shall designate the order of succession to that
office, to take effect in the event the Director is unavailable to attend meetings and
otherwise perform duties during an emergency. Such order of succession shall be
approved by the City Council.
c. The Assistant Director shall, under the supervision of the Director and with the
assistance of Emergency Manager, develop emergency plans and manage the
emergency programs of this jurisdiction; and shall have such other powers and
duties as may be assigned by the Director.
2 -24.7 Emergency Organization.
All officers and employees, together with those volunteer forces enrolled to aid them
during an emergency, and all groups, organizations, and persons who may by
agreement or operation of law, including persons impressed into service under the
provisions of Section 2 -24.6 a. (6) (c) of this ordinance, be charged with duties incident
to the protection of life and property during such emergency, shall constitute the
emergency organization of the City of Alameda.
2 -24.8 Emergency Management Plan.
The City of Alameda Disaster Council shall be responsible for the development of the
Emergency Management Plan, which plan shall provide for the effective mobilization of
all of the resources of this jurisdiction, 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. Nothing in this paragraph shall be interpreted to conflict with Alameda City
Charter Section 3 -12 (relating to City Council ability to adopt emergency ordinances) or
Alameda City Charter Section 6 -1 (relating to mayoral duties in an emergency).
2 -24.9 Expenditures.
Any expenditure 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.
2 -24.10 Punishment of Violations.
It shall be a misdemeanor,. punishable by a fine of not to exceed one thousand dollars
($1,000), or by imprisonment for not to exceed six (6) months, or both, for any person,
during an emergency, to:
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 performance of any duty imposed upon him by virtue of this ordinance.
b. Do any act forbidden by any 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 imperil 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 2. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held by a court of competent jurisdiction to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of the Ordinance. The City
Council declares that it would have passed this Ordinance and each section,
subsection, sentence, clause and phrase thereof, regardless of the fact that one or
more sections, subsections, sentences, clauses or phrases may be held invalid or
unconstitutional.
Section 3. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of 30 days
from the date of its final passage.
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• •
Attest:
Lara Weisiger, Cy Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 5th day of July, 2016, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, and
Oddie — 4.
NOES: Mayor Spencer —1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 6t" day of July, 2016.
t �
Lara Weisiger, CityClerk
City of Alameda
Janet Kern, City Attorney
City o Alameda