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HomeMy WebLinkAboutOrd 0440ORDINANCE NO. 440 AN ORDINANCE ESTABLISHING A DISASTER COUNCIL PURSUANT TO THE PROVISIONS OF THE COi'?STITUTION OF TIM STATE OF CALI~,ORNIA, ARTICLE 11, SECTION 11, AND MILITARY AND VETERANS CODE, SECTION 1571, AS AENDED BY STATUTES OF 1945, CHAPTER, 1024. The City Council of the City of Burlingame does or- dain as follows: I11EREAS3 the State of California has created a State Disaster Council to prepare a State Disaster Plan and to recommend mutual aid regions; and WHEREAS, municipalities have legal authority to create disaster councils for the purpose of formulating local disaster plans, including mutual aid agreements; and prepare therefor, IT IS h7REBY ORDAINED: Section 1. DISASTER. As used in this Ordinance, the term "disaster" shall include, but is not limited to, any extra- ordinary fire, flood, riot, storm, epidemic or earthquake or any enemy attack or sabotage, which causes or threatens to cause loss of life and property and in which occurences the responsi- bility devolves upon the constituted authorities for the maintenance of public peace and order and the preservation of life and property. It shall not include any conditions resulting from a labor controversy. Section 2. DISASTER COUNCIL. LIEMBERSHIP. The Burlingame Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be chairman, and also the commander. B. The Vice -Commander shall be appointed by the Pi!ayor with the advise and the consent of the City Council, who, in the absence of, or at the direction of the Commander, shall act on his behalf on matters within the purviews of this Ordinance. C. The Chiefs of Divisions as hereinafter provided. D. Such other representatives of civic, business, labor, veterans, professional or other organizations as may be appointed by the Mayor, with the advice and consent of the City Council. Section 3. DISASTER COUNCIL. POWERS AND DUTIES. It shall be the duty of the Burlingame Disaster Council and it is hereby empowered; A. To develop a plan for meeting any disaster. Such plan shall provide for the effective mobilization of all the resources of the community, both public and private. B. To prepare and recommend for consideration by the City Council Ordinances necessary to implement the disaster plan. C. To consider and recommend to the City Council for approval, mutual aid plans and agreements. D. The Disaster Council shall hieet upon call of the chairman. Section 4. COAT.IANDER. POWERS AND DUTIES. There is hereby created the Office of the Commander. Such officer shall be appointed by the Mayor with the advice and consent of the City Council. The Commander is hereby empowered: A. To proclaim the existence or threatened existence of a disaster and the termination thereof. B. To request the Governor to proclaim a state of extreme emergency in the area in and around the City of Burlingame when in the opinion of the Commander the resources of the community are inadequate to cope with the disaster. C. To govern and direct the effort of the Burlingame Disaster corps in the accomplishment of the purposes of this Ordinance. D. To direct coordination and cooperation by the chief's of divisions and resolve questions of authority and responsi- bilities that may arise between them. E. To represent the Disaster Corps in all dealings with public or private agencies pertaining to disaster preparedness. It is also the duty of the Commander, and he is hereby empowered during a disaster or when a disaster is imminent; A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster. B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property of the people and bind the City xfor 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. D. To requisition necessary personnel or material of any city department or a7ency. E. To execute all of his ordinary powers as T,ayor, all of the special powers conferred on him by this ordinance and all powers conferred on him by any other lawful authority. Section 5. EXECUTIVE OF�TCER. There is hereby created the position of "Executive Officer" of the Disaster Corps. The Executive Officer shall be appointed by the Mayor with the advice and consent of the City Council. The Executive Officer shall be the executive secretary of the Disaster Council and shall be Chief of the Division of personnel and recruitment. Section 6. DISASTER CORPS. GE;?ERAL. Officers and employees of the City of Burlingame, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organiza— tions and persons who may be agreement or operation of law be charged with duties incident to the protection of life and property in the City of Burlingame during such disaster, shall constitute the Burlingame Disaster Corps. Section 7. DIVISIONS OF DISASTER, CORPS. The functions and duties of the Burlingame Disaster Corps shall be distributed among the following divisions of such corps, each division to be Under the direction of a chief and, in his absence, the first deputy and second deputy chief respectively, appointed by the Chief, and said division to consist of the following forces, organizations and services, and such other forces, organizations or services as may be included pursuant to the provisions of this Ordinance. The Chiefs of Divisions shall organize and train volunteers assigned to such divisions by the personnel and re— cruitment division and shall formulate the division plan which, vfhen approved, by the Disaster Council, shall become an annex to the Disaster plan, The Chiefs of Divisions shall include in the division plans recommended 'mutual aid agreements. The Chiefs of Divisions shall be custodians of special equipment and other property which may be obtained from any source and assigned to such division by the Commander. A. LA1'V AND ORDER DIVISION. This division shall be under and subject to the control of the chief of police, who shall be chief of the Law and Order Division. The division shall consist of police personnel and auxiliary police (volunteers). B. FIRE DIVISION. This division shall be under and subjec to the control of the chief of the fire department, who shall be Chief of the .Fire Division. The division shall consist of fire department department personnel and auxiliary fire fighters (Vol- unteers). C. IaEDICAL DIVISION. This division shall be under and s ject to the control of the city health officer, who shall be Chi of the Pdedical Division. The division shall consist of health department personnel and medical service volunteers. D. PUBLIC WORKS DIVISION. This division shall be under and subject to the control of the director of public works who shall be Chief of the Public Works Division. The division shall consist of the department of public works personnel and auxiliary personnel. E. UTILITIES DIVISION. This division shall be under and subject to the control of the utilities department, and the head of such department shall be Chief of the division. The division shall consist of utilities department personnel and auxiliary personnel, F. TRA1NTSPORTATION DIVISION. The Chief of this division shall be a citizen, experienced and engaged in such industry, appointed by the mayor with the advice and consent of the City Council. The division shall consist of auxiliary personnel. G. COlvIlTiNICATIONS DIVISION. The chief of this Division shall be a citizen, experienced and engaged in such industry, appointed by the mayor with the advice and consent of the City Council. The division shall consist of auxiliary personnel and city personnel engaged in communications work. H. PERSONNEL AND ,ECRIIITENT DIVISION. This Division shall be under and subject to the control of the Executive Office4 It shall be the duty of this division to recruit all volunteer personnel, to enroll and register such personnel, to keep adequate records thereof, and to assign such personnel to other divisions of the Disaster Corps. The executive Officer may establish and operate a volunteer office. I. AIVERICAN RED CROSS. The American Red Cross in the City of Burlingame will furnish food, clothing, shelter, registra tion and information service, supplementary medical service when requested, and rehabilitation to individuals and families affects by a disaster. The American Red Cross will provide funds with which to finance all its relief operations. The Chief of this Division will be the chairman of the City of Burlingame Chapter of the American Red Cross, or a delegated representative thereof. Section S. VOLUNTEERS. All persons, other than officers and employees of the city, volunteering services pursuant to the ions of this ordinance, shall serve without compensation from the city. While engaged in such services, they shall have lthe same irmaunities as officers and employees of the city perform - ling similar duties. Section 9, PMMA 2i.T OF VIOLATIOIS. It shall be a mis- ldemeanor, punishable by a fine of not to exceed ,'500.00, or by imprisonment for not to exceed six months, or both, for any 1person during a disaster: A. Wilfully to obstruct, hinder or delay any member of the Disaster Corps 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. To do any act forbidden by any lawful rule or regulatio 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 imperil the lives or property of other inhabitants of this city, or to prevent hinder or delay the defense or protection thereof; C. To wear, carry or display, without authority, any means of identification specified by the Disaster Council. Section 10. EFFECTIVE DATE, This Ordinance is hereby de - Glared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety, and shall tape effect immediately. The following is a statement of the facts showing its urgency: A complete and adequate disaster plan must be formulated at once by the Disaster Council. The plan will be based upon plans formulated by the chiefs of divisions and upon mutual aid agree- ments. To protect the lives and property of the citizens of the City of Burlingame, responsibility for the formulation of such plans and agreement should be fixed immediately. O . L. Herbert Harris Mayor I. Herbert K. White, City Clerk of the City of Burlingame do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Burlingame City Council held on January 20, 1947, and adopted at a regular meeting of the City Council held on February 3, 1947. gvA .4F�. ,%mow , .��% PERT K. -=TE City Clerk AYES: COUNCIUvTEIQ: Dail -Harris -Hunt -Simonds !Nhitsell NOES: COUI\TCII!aN: None ABSENT: COUNCI U EN: None