HomeMy WebLinkAbout80-20 Revising Title 6 Relating to Emergency Organization and FunctionsORDINANCE NO. 80-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REVISING TITLE 6
OF THE COSTA MESA MUNICIPAL CODE RELATING TO
EMERGENCY ORGANIZATION AND FUNCTIONS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa
hereby finds and declares as follows:
SECTION 2: Costa Mesa Municipal Code, Title 6, Sections
6-1 to 6-19 are hereby repealed.
SECTION 3: Title 6 (Sections 6-1 to 6-12) is added as
hereinafter set forth:
Section 6-1. Purposes.
The purposes of this title are to provide for the prepara-
tion and carrying out of plans for the protection of persons and
property within this City in the event of an emergency; the direc-
tion 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.
Section 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.
Section 6-3.
Disaster Council Membership.
The Costa Mesa Disaster Council is hereby created and
shall consist of the following:
A. The mayor, who shall be chairman.
B. The director of emergency services, who shall be
vice-chairman.
C. 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.
Section 6-4.
Disaster Council Powers and Duties.
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 chairman, or in his
absence from the city or inability to call such meeting, upon
call of the vice-chairman.
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Secticn 6-5.
Director of Emergency Services
There is hereby created the Office of Director of Emergency
Services. The city manager shall be the director of emergency
services.
Section 6-6. Powers and Duties of the Director of
Emergency Services.
A. The director is 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. Whenever a local emergency is proclaimed by the
director, 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.
Pursuant to Section 8630 of the Government Code, the City
Council shall review, at least every fourteen (14) days
until such local emergency is terminated, the need for
continuing the local emergency 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
Organization of this City for the accomplishment of the
purposes of this title.
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4. Eirect cooperation and coordination of services
and staff of the Emergency 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 emer-
gency 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 pro-
tection 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
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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 deems necessary in
the execution of his 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 his ordinary power as city
manager, all of the special powers conferred upon him
by this title or by resolution or emergency plan
pursuant hereto adopted by the City Council, all
powers conferred upon him 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 is unavailable to attend meetings and otherwise
perform his duties during an emergency. Such order of succession
shall be approved by the City Council.
Section 6-7. Emergency 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
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r operation of law, including persans impressed into seri=icc
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 Organization
of the City of Costa Mesa.
Section 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 Organization.
Such Plan shall take effect upon adoption by resolution of the
City Council.
Section 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 Organization in the enforcement of any lawful rule
or regulation issued pursuant to this title, or in the performance
of any duty imposed upon him 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.
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C. Wear, carry, or display, without authority, any means
of identification specified by the emergency agency of the state.
Section 6-10. Expenditures.
Any expenditures made in connection with emergency activi-
ties, including mutual aid activities, shall be deemed conclusive-
ly to be for the direct protection and benefit of the inhabitants
and property of the City of Costa Mesa.
Section 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 Ordinance that it shall be considered a revision and contin-
uation of the ordinance repealed by this Ordinance, and the status
of volunteers shall not be affected by such repeal; nor shall plans
and agreements, rules and regulations, or resolutions adopted pur-
suant to such repealed ordinance be affected by such repeal until
amended, modified, or superseded as provided in this Ordinance.
Section 6-12.
Severability.
If any provision of this chapter 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 4: This Ordinance shall take effect and be in full
force thirty (30) days from and after the passage thereof, and
prior to the expiration of fifteen (15) days from its passage shall
be published once in the ORANGE COAST DAILY PILOT, a newspaper of
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general circulation, printed and published in the City of Costa
Mesa or, in the alternative, the City Clerk may cause to be pub-
lished a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this Ordi-
nance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this 3rd day of November, 1980.
Mayor of the City of Cos a Mesa
ATTEST:
City Clerk of the City of Costa sa
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*1 -;-ATTORNEY
STATE OF CMIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa, hereby certify that
the above and foregoing Ordinance No. 80-20 was introduced and
considered section by section at an adjourned regular meeting of
said City Council held on the 23rd day of October, 1980, and
thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the 3rd day of November, 1980, by the
following roll call vote:
AYES: Council Members: `��lo�.[.Cj `/ , %yJ
NOES: Council Members:
ABSENT: Council Members: `1L6 -spa..
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Seal of the City of Costa Mesa this 4th day of Novem-
ber, 1980.
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6;1
City
Clerk and
ex -officio
Clep3f
of the
City
Council of
the City
ofto
Mesa
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