HomeMy WebLinkAbout2020-10 - Disaster ReliefORDINANCE NO. 2020-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER I (IN
GENERAL) OF TITLE 6 (DISASTER RELIEF AND CIVIL
DEFENSE) OF THE COSTA MESA MUNICIPAL CODE
RELATING TO EMERGENCY PREPAREDNESS,
ORGANIZATION AND COORDINATION
WHEREAS, on November 3, 1980, the City Council adopted Ordinance No. 80-20, codified
at Chapter I (In General) of Title 6 (Disaster Relief and Civil Defense) of the Costa Mesa Municipal
Code ("Municipal Code"); and
WHEREAS, the purpose of Title 6 is to provide for the preparation and carrying out of plans
for the protection of persons and property within the City in the event of an emergency, the direction
of emergency organization, and the coordination of emergency functions among the City and other
entities; and
WHEREAS, the City Council has not updated Title 6 since its adoption in 1980; and
WHEREAS, a novel coronavirus, COVID-19, causes infectious disease and was first
detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19 include
fever, cough, and shortness of breath; outcomes have ranged from mild to severe illness, and, in
some cases, death. The Center for Disease Control and Prevention (CDC) has indicated the virus is
a tremendous public health threat; and
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared the
outbreak a "public health emergency of international concern." On January 31, 2020, United States
Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the
United States to aid the nation's healthcare community in responding to COVID-19.On February 26,
2020, the County of Orange declared a local emergency and a local health emergency. On March
4, 2020, California Governor Gavin Newsom declared a State of Emergency in California. On March
11, 2020, WHO declared the COVID-19 a pandemic; and
WHEREAS, as of March 10, 2020, the WHO reported that, to date, there were 113,702
confirmed cases of COVID-19, 4,012 of which resulted in death, across 110 countries; and
WHEREAS, on March 10, 2020, the California Department of Public Health (CDPH) reported
that, to date, California has 157 confirmed cases of COVID-19, two of which have resulted in death.
CDPH also reported that approximately 10,300 Californians who returned to the United States
through LAX or SFO are self -monitoring. Public health officials expect the number of cases in
California, the United States, and worldwide to increase; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due
to the potential introduction of COVID-19 to Costa Mesa and Orange County; and
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19
cases, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an
increasing number of individuals requiring medical care and hospitalization; and
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WHEREAS, in order to ensure the City can appropriately respond to the issues surrounding
COVID-19, the City Council desires to update Title 6 for consistency with California law and make
other clarifying changes; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that all the recitals set forth in the preamble
of this Ordinance are true and correct.
Section 2. Municipal Code Amendment. Title 6, Chapter 1 of the Costa Mesa Municipal
Code is hereby amended to read as follows:
6-1. Purposes.
The purposes of this title are to provide for the preparedness, response, recovery and the protection
of persons and property within this city in the event of an emergency; the direction of
the emergency management organization; and the coordination of the emergency functions of this
city with all other public agencies, corporations, organizations, and affected private persons.
6-2. Definition.
As used in this title, 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 city caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy
shortage 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 of this city, requiring the
combined forces of other political subdivisions to combat or with respect to regulated utilities, a
sudden and severe energy shortage requiring extraordinary measures beyond the authority vested
in the California Public Utilities Commission.
6-3. Disaster council membership.
The Costa Mesa Disaster Council is hereby created and shall consist of the following:
(a) The mayor, or his/her appointee, who shall bean ex off icio member.
(b) The director of emergency services, who shall be chair.
(c) The assistant director of emergency services, who shall be vice -chair..
(d) Department directors.
(e) Such representatives of civic, business, labor, veterans, professional or other organizations
having an official emergency responsibility as may be appointed by the director or assistant director
or city council.
6-4. Disaster council powers and duties.
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It shall be the duty of the Costa Mesa Disaster Council, and it is hereby empowered, to develop and
recommend for adoption by the city council, 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 in his or her
absence from the city or inability to call such meeting, upon call of the vice -chair.
6-5. Director of emergency services; assistant director.
(a) There is hereby created the office of director of emergency services. The city manager shall
be the director of emergency services.
(b) There is hereby created the office of assistant director of emergency services. The
emergency services manager shall be the assistant director of emergency services.
6-6. Powers and duties of the director of emergency services.
(a) The director and assistant director of emergency services are hereby empowered to:
(1) 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. If the city council is not in
session, the proclamation may be issued by the director of emergency services. If the city council is
not in session and the director of emergency services is not available, then the assistant director of
emergency services may issue the proclamation. Whenever a local emergency is proclaimed by the
director or assistant director of emergency services, 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. The city council shall review the need for continuing the emergency as required by
Government Code section 8630 until such local emergency is terminated and shall proclaim the
termination of such local emergency at the earliest possible date that conditions warrant.
(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 the emergency management organization of this city for the
accomplishment of the purposes of this title.
(4) Direct cooperation and coordination of services and staff of the emergency management
organization of this city, and resolve questions of authority and responsibility that may arise between
them.
(5) Represent this 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, or by the board of
supervisors or operational area coordinator of the County of Orange for an area including this city,
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, 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
Ordinance No. 2020-10 Page 3 of 7
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. In so acquiring such property, the city waives
no immunities and incurs no liabilities other than those at common law or those liabilities created by
applicable state or federal law;
c. To require emergency services of any city officer or employee and 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;
e. To execute all of the special powers conferred upon him or her by this title 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.
(b) The director of emergency services shall designate the order of succession to that office to take
effect in the event the director and assistant director are unavailable to attend meetings and
otherwise perform his or her duties during an emergency. Such order of succession shall be
approved by the city council.
6-7. Emergency management organization.
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 this title, be charged with duties
incident to the protection of life and property in this city during such emergency, shall constitute
the emergency management organization of the City of Costa Mesa.
6-8. Emergency plan.
The Costa Mesa Disaster Council shall be responsible for the development of the City of Costa Mesa
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 management organization. Such plan shall take effect upon
adoption by resolution of the city council.
6-9. Punishment of violations.
It shall be a misdemeanor for any persons during an emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency management organization in
the enforcement of any lawful rule or regulation issued pursuant to this title or in the performance of
any duty imposed upon such member by virtue of this title.
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this title, 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 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.
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6-10. Expenditures.
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 Costa Mesa.
6-11. Repeal of conflicting ordinances.
Any ordinance or portion thereof in conflict herewith is hereby repealed to the extent of such conflict
and no further. Provided that it is the intent of the city council in enacting this title that it shall be
considered a revision and continuation of the title repealed by this title, and the status of volunteers
shall not be affected by such repeal; nor shall plans and agreements, rules and regulations or
resolutions adopted pursuant to such repealed title be affected by such repeal until amended,
modified, or superseded as provided in this title.
6-12. Severability.
If any provision of this title is found to be invalid or unconstitutional by interpretation or application to
any person or circumstances, such invalidity or unconstitutionality shall not affect the other provisions
or applications thereof which can be given valid effect.
Section 3. Environmental Compliance. This Ordinance has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the
City's environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3)
(General Rule) of the CEQA Guidelines because it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the environment.
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final
passage.
Section 7. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published or posted in the manner required by law.
Ordinance No. 2020-10 Page 5 of 7
PASSED AND ADOPTED this 7th day of April, 2020.
ATTEST:
/Ihj�3& 4'em
Brenda Green, ity Clerk
APPROVED AS TO FORM:
Klifiberly II 8arlow, City Attorney
Ordinance No. 2020-10 Page 6 of 7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing Ordinance No. 2020-10 was duly introduced for first reading at a regular
meeting of the City Council held on the 171h day of March, 2020, and that thereafter, said Ordinance
was duly passed and adopted at a regular meeting of the City Council held on the 7th day of April,
2020, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENIS, MANSOOR, MARK, REYNOLDS,
STEPHENS,FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa
Mesa this 8th day of April, 2020.
Brenda Green, ity Clerk
Ordinance No. 2020-10 Page 7 of 7