Resolution Number 61-10-23-794
RESOLUTION NO. 61-10-23-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO TO QUALIFY THE CITY TO BE ELIG-
IBLE FOR SURPLUS FEDERAL PROPERTY OVER AND UNDER
$2,500.00
WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal
Government has authorized the donation of surplus Federal property for civil
defense purposes; and
WHEREAS, certain conditions are imposed by the Office of Civil and Defense
Mobilization, the Department of Health, Education and Welfare, the California
Disaster Office, and the State Educational Agency for Surplus Property, in
connection with acquisition of such property; and
WHEREAS, the City of San Juan Capistrano desires to establish its eligi-
bility for such property;
IT IS, THEREFORE, CERTIFIED THAT:
I. It is a civil defense organization designated pursuant to State law,
within the meaning of the Federal Property and Administrative Services Act of 1949,
as amended, and the regulations of the Department of Health, Education and. Welfare.
II. Property requested by this document is usable and necessary in the
State for civil defense purposes, including research for any such purpose; is
required for its own use to fill an existing need; and is not being acquired for
any other use or purpose, for use outside the State, or for sale.
III. Funda are available to pay the cost of care and handling incident to
donation, including packing, preparation for shipping, loading and transporting
such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF
ACQUISITION COST, DONATED FOR CIVIL DEFENSE PURPOSES:
A. Property acquired by the donee shall be on an "as is" basis,
without warranty of any kind.
B. There will also be applicable such other terms and conditions
as are contained in the Regulations of this Office of Civil
and Defense Mobilization, Title 32, Code of Federal Regulations,
Subtitle C, Part 1702, as in effect on the date hereof.
II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE
ITEM ACQUISITION COST OF $2,500.00 OR MORE DONATED FOR CIVIL DEFENSE
PURPOSES:
A. All such property shall be distribured and during the period of
restriction, be properly maintained in good operational condition
95
and stored, or installed or utilized only as necessary to achieve
a state of operational readiness as required by the civil defense
mission assigned to the donee in accordance with the civil defense
operational plans of the State and, where applicable, local govern-
ment (which shall be consistent with the National Plan for Civil
Defense and Defense Mobilization, as now or hereafter amended).
Operational readiness shall include necessary use in training under
a civil defense training program approved by the State civil defense
director as being in accordance with the civil defense operational
plans of the State.
B. Except as otherwise expressly provided hereinbelow and unless and
until expressly waived in writing by the Director of the Office of
Civil and Defense Mobilization (OCDM), on a case basis, the period
of restriction for all items of property donated for civil defense
purposes shall be four years from the date such property is first
used or put in stockpile in accordance with this subsection. The
specific exceptions are as follows:
1. Motor Vehicles, Federal Supply Classification (FSC)
Group 23 __ for which a two-year period of restriction shall apply.
2. Boats (FSC Group 19), Tractors (FSC Group 24), Construction
Mining, Excavating and Highway Maintenance Equipmen� (FSC
Group 38), Firefighting and Rescue Equipment (FSC Group 42),
Prefabricated Structures (FSC Group 54), and Generators (FSC
Class 6115), for all of which a six-year period shall apply.
3. Aircraft (FSC Group 15), for which the special terms and
conditions provided in the DHEW conditional Transfer Document
(Aircraft) covering the transfer shall apply.
C. Reserve stock storage and installation of equipment for operational
readiness shall, in addition to meeting the above criteria, meet
all applicable criteria established by the OCDM.
D. During the period of restriction, theproperty shall not be sold,
traded, leased, loaned, bailed, encumbered, or otherwise disposed
of without the specific, prior, written approval of the Director
OCDM.
E. If, during the period of restriction, property is no longer suitable,
usable, or further needed for the purpose for which acquired, the
donee shall promptly notify the OCDM through the state civil defense
director and shall, as directed by the OCDM, either retransfer the
property to such department or agency of the United States of America or such
other donee as may be designated, or sell the property at a public sale.
F. In the event any of the terms and conditions set forth in this section are
breached, all right, title and interest in the property involved, at the option
of the Director of OCDM, shall revert to the United States of America. In addition,
where there has been an unauthorized disposal or improper use of any kind, the
donee, at the option of the Director of OCDM, shall be liable to the United States
for all damages. Where the property is not returned to the United States Govern-
ment or where property is improperly used, the donee shall be liable to the United
States for any proceeds from the disposal or improper use or for the fair market
value or rental value of the property at the time of such disposal, or improper
use, at the option of and as determined by the Cirector of OCDM.
NOW, THEREFORE, IT IS RESOLVED by the City Council of said City that:
Carl E. BuchheimDirector of Civil Defense
Name s and Official Title(s))
(Signature(s))
shall be and is hereby authorized as the representative of said City to sign for
and accept surplus Federal property regardless of acquisition cost, in accordance
with the conditions imposed by the above agencies; and
IT IS FURTHER RESOLVED that this resolution of authorization shall remain
in full force and effect until superseded or rescinded by resolution of this Council
transmitted in duplicate to the California Disaster Office; and
IT IS FURTHER RESOLVED that the Clerk of this Council is hereby authorized
and directed to send two (2) certified copies of this Resolution to the California
Disaster Office, for filing with said Disaster Office and with the State Department
of Education.
PASSED AND ADOPTED this 23rd day of October, 1961, by the City Council, of
the City of San Juan Capistrano, California, by the following vote:
AYES: BATHGATE, CHERMAK, DURNFORD, OLIVARES and BUCHHEIM
NOES: NONE
ABSENT: NONE
ATTEST:
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
Mayor of the City of San Juan Capistrano
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do hereby
certify the foregoing is a full, true and correctcopy of a resolution adopted by
the said Council at a regular meeting thereof held at its regular place of meeting
M
at the time and the date and by the vote above stated, which resolution is on
file in the office of the said Council.
City Clerk of the City of
San Juan Capistrano
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO. 61-10-23_8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO RELATIVE TO WORKMEN'S COM-
PENSATION BENEFITS FOR REGISTERED VOLUNTEER
"DISASTER SERVICE WORKERS"
WHEREAS, Section 1599.1 of the Military and Veterans Code (Chapter 104,
Statutes 1946 First Extraordinary Session) provides:
"The California State Disaster Council shall establish by rule and
regulation various classes of disaster service workers and the scope
of the duties of each class. The California State Disaster Council shall
also adopt rules and regulations prescribing the manner in which disaster
service workers of each class are to be registered. Al such rules and
regulations shall be designed to facilitate the paying of workmen's
compensation", and
WHEREAS, the California State Disaster Council has adopted rules and regu-
lations establishing classes of disaster service workers, the scope of duties of
each class and the manner of registration of such volunteer workers; and
WHEREAS, Section 1599.2 of the Military and Veterans Code (Chapter 104,
Statutes 1946 First Extraordinary Session) Provides:
"Any disaster council which both agrees to follow the rules and regulations
established by the California State Disaster Council pursuant to the provis-
ions of Section 1599.1 of this code and substantially complies with such
rules and regulations shall be certified by the California State Disaster
Council. Upon making such certification, and not before, the disaster
council becomes an accredited disaster council", and
WHEREAS, the City of San Juan Capistrano, has registered and will hereafter
register volunteer disaster service workers; and
WHEREAS, the City of San Juan Capistrano desires to become an "accredited
disaster council" organization in order that injured disaster service workers
registered with it may benefit by the provisions of the Labor Code;
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, hereby
agree to follow the rules and regulations established by the California State
Disaster Council under date of April 4, 1946, as amended, pursuant to the provisions
m
of Section 1599.1 of the Military and Veterans Code (Chapter 104, Statutes 1946
First Extraordinary Session).
The City Clerk is hereby instructed to send two certified copies hereor
to the California State Disaster Council (California Disaster Office).
PASSED AND ADOPTED this 23rd day of October, 1961, by the City Council of
the City of San Juan Capistrano, California, by the following vote:
AYES: DURNFORD, BATHGATE, CHERMAK, OLIVARES and BUCHHEIM
ra(•) 80�ato) ara]
ABSENT: NONE
ATTEST:
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
Mayor of the City of
San Juan Capistrano
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, Calif-
ornia, do hereby certify the foregoing is a full, true and correct copy of a
resolution adopted by the said Council at a regular meeting thereof held at its
regular place of meeting at the time and the date and by the vote above stated,
which resolution is on file in the office of the said Council.
City Clerk of the City of
San Juan Capistrano