The declared purposes of this Chapter 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 agencies, corporations,
organizations, and affected private persons.
exists when duly proclaimed, where conditions of disaster
or of extreme peril to the safety of persons and property within the
territorial limits of this City are or are likely to be beyond the
control on this City and require the combined forces of other political
subdivisions. Such a "local emergency" may be caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, drought, sudden
and severe energy shortage, plant or animal infestation or disease,
the Governor's warning of an earthquake or volcanic prediction, or
an earthquake or other conditions, other than a labor controversy.
exists, upon proclamation by the Governor where conditions
of disaster or of extreme peril to the safety of persons and property
within the State are or are likely to be beyond the control of any
single county or city and will require the forces of a mutual aid
region or response. This "state of emergency" may be caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation or
disease, the Governor's warning of an earthquake or volcanic prediction,
or an earthquake, or other conditions, other than a labor controversy
or a "state of war" emergency.
emergency exists, with or without proclamation, whenever
California or the United States is attacked or on warning from the
Federal government that such an attack is probable or imminent.
The City of San Leandro Disaster Council is hereby created and
shall consist of the following:
(a)
The
Mayor, who shall be Chairperson;
(b)
The
Vice Mayor;
(c)
The
Director of Emergency Services;
(d)
The
Assistant Director of Emergency Services;
(e)
One
City Council member, who shall be appointed by the City Council;
(f)
Such
chiefs of emergency services as are provided for in a current emergency
plan of this City, adopted pursuant to this Chapter;
(g)
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.
It shall be the duty of the City of San Leandro Disaster Council,
and it is hereby empowered, to develop and recommend for adoption
by the City Council, mutual aid plans and agreements and plans for
meeting any condition constituting a local emergency, state of emergency,
or state of war emergency. Such plans shall provide for the effective
mobilization of all of the resources within the City, both public
and private. The Disaster Council shall meet upon call of the Chairperson
or, in the Chairperson's absence from the City or inability to call
such meeting, upon call of the Vice Chairperson.
There is hereby created the office of Director of Emergency
Services and Assistant Director of Emergency Services. The City Manager
shall be the Director of Emergency Services and shall appoint the
Assistant Director.
(a)
The
Director of Emergency Services is hereby empowered to request the
City Council to proclaim the 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.
(b)
Whenever
a local emergency is proclaimed by the Director, the City Council
shall take action to ratify the proclamation within seven days thereafter
or the local emergency will not remain in effect.
(c)
The
City Council shall review the need for continuing a local emergency
at each regularly scheduled meeting until the local emergency is terminated.
In no event shall a review take place more than 21 days after the
previous review. The City Council shall proclaim the terminating of
such local emergency at the earliest possible date that conditions
warrant.
(a)
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.
(b)
Control
and direct the effort of the emergency organization of this City for
the accomplishment of the purposes of this Chapter.
(c)
Direct
cooperation between the coordination of services and staff of the
emergency organization of this City; and resolve questions of authority
and responsibility that may arise between them.
(d)
Represent
this City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein.
In the event of the proclamation of a "local 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
including rules or regulations imposing a curfew when necessary to
preserve order and safety; provided, however, such rules and regulations
must be confirmed at the earliest practicable time by the City Council.
Such rules and regulations must be in writing and shall be given wide-spread
publicity and notice;
(b)
To
obtain vital supplies, equipment, and such other property found lacking
and needed 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;
(c)
To
require emergency services of any City officer or employee and, in
the event of the proclamation of a "local emergency" or the existence
of a "state of war emergency" to command the aid of as many citizens
of this community as he or she deems necessary in the execution of
his or her 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 or her ordinary power as City Manager, all of the
special powers conferred upon him or her by this Chapter or by resolution
or emergency plan pursuant hereto adopted by the City Council, all
powers conferred upon him or her by any statute, by any agreement
approved by the City Council, and by any other lawful authority.
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 his or her
duties during an emergency.
The Assistant Director shall, under the supervision of the Director
and with the assistance or emergency service 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.
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 of law, including persons impressed into service under the provisions of Section 3-4-130 (c) of this Chapter, be charged with duties incidental to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of San Leandro.
The Director of Emergency Services shall be responsible for
the development of the City of San Leandro 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.
Any expenditures 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 San Leandro.
It shall be unlawful for any person, during an emergency, to:
(a)
Wilfully
obstruct, hinder, or delay any member of the emergency organization
in the enforcement on 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)
Do
any act forbidden by any lawful rule or regulation 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 or 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.
All laws, ordinances or regulations in conflict herewith are
hereby repealed; provided that it is the intent of the City Council
in enacting this Chapter that it shall be considered a revision and
continuation of the ordinance repealed by this Chapter, and the status
of volunteers shall not be affected by such repeal; nor shall civil
defense and disaster mutual aid plans and agreement, rules and regulations
or resolutions adopted pursuant to such repealed ordinance be affected
by such repeal until amended modified, or superseded as provided in
this Chapter.
