2.88.040 Director of Emergency Services--Powers and duties.
A. The Director of Emergency Services is empowered:
1. If, in the Director’s judgment, the conditions will require the combined forces of other political subdivisions to combat, 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. Whenever a Local Emergency is proclaimed by the Director, the City Council shall take action ratifying said proclamation within seven days of issuance or the proclamation shall have no further force and effect;
2. If, in the Director’s judgment, the conditions will require the combined forces of a mutual aid region or regions to combat, to request the Governor to proclaim a "State of Emergency" when the City Council has authorized the Director to do so, or when the City Council cannot be convened immediately;
3. To control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this chapter;
4. To direct cooperation between and coordination of services and staff of the Emergency Organization of the City, and resolve questions of authority and responsibility that may arise between them;
5. To represent the 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," as 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 War Emergency":
(a) To make and issue lawful rules and regulations on matters reasonably related to the protection of life, public health or safety, or improved property as affected by such emergencies; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council, shall be in writing, and shall be given widespread publicity and notice;
(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life, public health or safety, or improved 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 "State of Emergency" in Alameda County or in the existence of a "State of War Emergency," to command the aid of as many citizens of this community as they deem necessary in the execution of their duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service worker volunteers;
(d) To requisition necessary personnel or material of any City department or agency;
(e) To execute all of their ordinary power as City Manager, all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon them by any statute, by any agreement approved by the City Council, and by any other lawful authority.
7. To designate the order of succession to the office of Director of Emergency Services, to take effect in the event the Director is unavailable to attend meetings and otherwise perform their duties during an emergency. Such order of succession shall be approved by the City Council prior to an emergency, reviewed annually, and updated as necessary. (Ord. 7466-NS § 1 (part), 2016)