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HomeMy WebLinkAbout70-01 - Disaster PlanORDINANCE NO. 70-1 AN ORDINANCE OF THE CITY OF COSTA MESA, AMENDING CHAPTER II ARTICLE 4 OF THE COSTA MESA MUNICIPAL CODE BY REPEALING CHAPTER II THEREOF AND BY ENACTING A NEW CHAPTER II RELATING TO A DISASTER PLAN. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: ARTICLE I That Article 4 of Chapter II of the Costa Mesa Municipal Code be and the same is hereby amended by repealing Article 4; provided however, that it is the inten- tion of the City Council that the new Article 4 hereby enacted shall be considered a revision and continuation of the Article repealed by the ordinance; and that the status of volunteers shall not be affected by such repeal, nor shall Civil Defense and Disaster Mutual Aid Plans and Agreements, Rules and Regulations, or Resolutions adopted, pursuant to such repealed chapter be affected by such repeal until amended, modified, or superseded by subsequent legislative action of the City Council. ARTICLE 2 That Article 4 of Chapter II of the Costa Mesa Municipal Code, be, and the same is hereby amended by enacting a new Article 4 reading as follows: CHAPTER II ADMINISTRATION ARTICLE 4 DISASTER PLAN Section 2401 Purpose Section 2402 Definitions Section 2403 Disaster Council - Membership Section 2404 Disaster Council - Powers and Duties Section 2405 Director of Dissfer Services, Appointment, Powers and Duties Section 2406 Director of Disaster Services - Emergency Powers Section 2407 Disaster Plan Section 2408 Disaster Organization Section 2409 Punishment of Violations Section 2410 Severability Section 2401 Purposes The declared purposes of this Chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of a disaster, and to provide for the coordination of the Civil Defense and Disaster functions of this city with all other public agencies and affected private persons, corporations, and organizations. Any expenditures made in connection with such Civil Defense and Disaster 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. Section 2402 Definitions: (A) Disaster Services: As used in this Chapter, the term "Disaster Services" shall mean the organized preparation for and carrying out of emergency planning and disaster operations by government, business and the community in general in order to prevent, minimize and repair injury and damage resulting from actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, explosion, or other similar public calamity. It shall not include, nor does any provision of this Chapter apply to any condition relating to a labor controversy. (B) Civil Defense: As used in this Chapter, the term "Civil Defense" applies to those situations arising from actual or threatened enemy attack. The provisions of this part shall not apply to functions for which military forces are primarily responsible. (C) Disaster, Emergency or Peril: As used in this Chapter, the terms "Disaster," "Emergency," or "Peril" include but are not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, explosion, or other similar public calamity. Section 2403 Disaster Council, Membership: The Costa Mesa Disaster Council is hereby created and its membership shall consist of the following: (A) The City Manager, who shall be chairman. (B) The Assistant City Manager, who shall be Vice -Chairman, (C) The Coordinator of Disaster Planning and Training. (D) The City Attorney or his representative. (E) Such Deputy Civil Defense Directors and Chiefs of Emergency Services as are provided for in the current Civil Defense and Disaster Emergency Operations Plan of the City of Costa Mesa and as confirmed by the Director, (F) Such representatives of Civic, Business, Labor, Veterans, Professional, or other organizations as may be appointed by the City Manager, however, not to exceed five (5) in number. Section 2404 Disaster Council - Powers and Duties It shall be the duty of the Costa Mesa Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, Civil Defense and Disaster Plans, Mutual Aid Plans and Agreements, and such Ordinances, Resolutions, Rules and Regulations as are necessary to implement such plans and agreements. The Disaster Council is advisory in nature only but may present such advice and recommendations as it deems necessary. The Disaster Council shall meet upon call of the Chairman or in his absence from the City, or inability to call such meeting, upon the call of the Chairman's authorized Representative or the Vice Chairman. Section 2405 Director of Disaster Services - Powers and Duties There is hereby created the Office of Disaster Services, a Division of the City Administration. The City Manager shall be the Director of Disaster Services.. The title of Director of Civil Defense is conterminous and equally applicable. The Office of Disaster Services is the official Civil Defense Agency of the City of Costa Mesa. The Assistant City Manager shall be the Assistant Director of Disaster Services. The Director is hereby Empowered: (A) To request the City Council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time. (B) To request the Governor to proclaim a State of Disaster or a state of extreme emergency when in the opinion of the Director the resources immediately available to the City of Costa Mesa are inadequate to cope with the disaster. (C) To control and direct the efforts of the Disaster Organization of this City for the accomplishment of the purposes of this Chapter. (D) To direct coordination and cooperation between Divisions, Services and Staff of the Disaster Organization of this City, and to resolve questions of authority and responsibility that may arise between theme (E) To represent the Disaster Organization of this City in all dealings with Public or Private Agencies pertaining to Civil Defense and Disaster. (F) To appoint a coordinator of Disaster Planning and Training who shall also be known as an Assistant Director of Civil Defense and who, under the super- vision of the Director, shall be in charge of the Office of Disaster Services, and shall have such other duties as may be assigned by the Director. (G) To prepare and maintain, on a current basis, a Disaster Plan to be known as the "City of Costa Mesa, California, Disaster Plan." This plan, referred to in the remainder of this Chapter as the "Plan," shall be effective upon filing of the Plan with the City Council by the Director. The City Council may, within thirty (30) days of such filing, disapprove the Plan (H) To implement the Disaster Plan in whole or in part at such times he deems necessary. Section 2406 Director of Disaster Services - Emergency Powers In the event of the proclamation of a Disaster or Emergency as herein provided, or the proclamation of a State of Disaster or a State of Extreme Emergency by the Governor or any person who may lawfully issue such proclamation, the Director is hereby empowered, within limitations provided by the Municipal Cade, Ordinances and Laws applicable to the City: (1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. (2) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the City for the fair value thereof. (3) To require emergency services of any City Officer or Employee. If City Employee forces are deemed inadequate, the Director may use the services of Citizen Volunteers. All such persons rendering emergency services shall be entitled to all privileges, benefits, and immunities as are provided by State Law for registered Civil Defense and Disaster Workers. (4) In the event of the proclamation by the Governor of a State of Disaster or a State of Extreme Emergency in the region in which this City is located, to command the aid of as any citizens of this community as he thinks 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 Civil Defense and Disaster Service Volunteers. (5) To requisition necessary personnel or material of any City department or agency. (6) To execute all his ordinary power as City Manager all of the special powers conferred upon him by this Chapter or by resolution or approved plan adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and General Laws. Section 2407 Disaster Plan: (A) The plan shall provide for the full utilization of all City resources, both human and material, as necessary to carry out the purposes of this part. It shall be consistant with the State of California and National Civil Defense Plans. (B) Assignment of emergency duties and functions shall be set forth in the plan for all City Agencies and Employees. (C) Amendments to the Plan shall be placed on file with the City Council by the Director. Such amendments shall be effective upon filing of the amendments with the City Council by the Director. The City Council may, within thirty (30) days of such filing, disapprove any such amendments. (D) In assigning disaster duties and functions to City Agencies and Personnel, the Director shall place such responsibilities to best utilize the in- herent competencies already existing in the governmental structure. When the requisite competency for a function is not available within the City Government, the Director is authorized to seek assistance on a volunteer basis from persons outside of Government. The assignment of duties, when of a supervisory nature, shall also grant authority for the person so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. W The Provisions of the Plan, as filed with the City Council, shall be mandatory upon the agencies of City Government, its employees, and registered volunteer disaster service workers, who shall diligently apply their efforts toward the development of the most effective disaster preparedness program within their means. The Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster, as provided in this Chapter, has been proclaimed. Section 2408 Disaster Organization: (A) All officers and employees of this City shall be a part of the Costa Mesa Disaster Organization. The Director shall maintain a continuing capability to utilizethe employees of this City in an organized and trained manner. When deemed necessary, the Director is authorized to use volunteer forces enrolled to aid during a disaster along with such groups, organizations, and persons as may, by agreement or operation of laws, be charged with duties incident to the pro- tection of life and property in the City during a disaster. (B) Each Service Chief appointed in the Plan shall be responsible for carryingout all duties and functions assigned therein. Duties will include the organization and training of assigned City Employees and Volunteers. Each Chief shall formulate the operational plan for his service which, when approved shall become an annex to the Plan. Annexes to the Plan will be approved by the City Manager and must not be in conflict with the Plan. The Chiefs shall be responsible for the care, maintenance and proper use of any special equipment and/or property which they may obtain or that might be assigned to them from time to time by the Director. (C) The Director shall prescribe in the Plan those positions within the Disaster Organization for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Director a current list of three (3) persons as successors to his position. The list will be in order of succession and the person responsible will only designate persons capable of carrying out all assigned duties and functions. (D) The Disaster Services plan of this City shall also set forth in addition to the duties and functions of the Disaster Organization, its relationship with the lAmerican National Red Cross. Insofar as possible, the form of organization titles and terminology shall conform to the recommendations of the Civil Defense and Disaster Agencies of the Federal Government and the State of California. Section 2409 Punishment of Violations (A) It shall be a misdemeanor, punishable by a fine of not to exceed $500, or by imprisonment for not to exceed six (6) months, or both, for any person during a disaster: (1) Willfully to obstruct, hinder, or delay any member of the Disaster Organization 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. (2) To do any act forbidden by any lawful rules or regulations 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 inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof; (3) To wear, carry or display, without authority, any means of identi- fication specified by the Civil Defense and Disaster Agency of the State or of the City. Section 2410 Severability: If any provisions of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the Chapter which can be given effect without the invalid pro- vision or application, and to this end the provisions of this Chapter are declared severable. ARTICLE 3 This ordinance shall take effect and be in full force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this Y5 � �9 day of [/t w✓a7^�• 19• Mayor of the City of Costa Mesa ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 70-1 was introduced and considered section by section at the regular meeting of the said City Council held on the 5th day of January, 1970, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 19th ,,daay of January, 1970, by� the following roll call vote: AYES: COUNCILMEN /V'lro�+r /✓6Ker� ✓7�•C(.c.r/�r c/yJe�axr Pr..klej.. NOES: COUNCILMEN /vM e ABSENT: COUNCILMEN A44e IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 20th day of January, 1970. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa `/Z 6(YJ2- City Clerk'of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 70-1 was introduced and considered section by section at the regular meeting of the said City Council held on the 5th day of January, 1970, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 19th ,,daay of January, 1970, by� the following roll call vote: AYES: COUNCILMEN /V'lro�+r /✓6Ker� ✓7�•C(.c.r/�r c/yJe�axr Pr..klej.. NOES: COUNCILMEN /vM e ABSENT: COUNCILMEN A44e IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 20th day of January, 1970. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 1. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am th Legal Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gen- eral circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify .City Ordinance Number 70-1 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on January 26, 1970 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 26 1920— at 9 20,at Costa Mesa, California. (7 I� (Sen ro) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Cosa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance Ne.70-L was introduced and considered, section by section, at a regular meeting of the City Council of the -City of Costa Mesa, held on theme_ day of January , 19-20- and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the19th ,lay of January , 79 7O , by the following roll -call vote: AYES: COUNCILMEN - WILSOIQ TUCKER, ST. CLAIR, JORDAN. RIIfKLEY _ NOES: COUNCILMEN - ABSENT: COUNCILMEN - I FURTHER CERTIFY that said Ordinance No. 70-1 — was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 26th day of January 191-0 City Clerk a d ex -officio Clerk of the City Council of the City of Costa Mesa and .be ARma, r material W am City department of, nslahve au B agency. •. (e) To anacute all his ordinary .1 Gry Meneeer all OI me apICo W me Chita WWen canlerrWopen p° mm by ml: Me same Is Chapter r by remronam o aP.. a law AIR. plan aZattee ormant or au l .fat@e. imuseem�r .. eve rev m. `Hiro° __.. _..__f:e:.ise- all . _._ ..._ _. . xwl DefDiempa v ma to ponce Pution, xa0x Disaster Council — anted ne me cry hY me Constitution, and General Laws. MIDu Disaster Cwncil — Section xtlTlyOylpsasM Plan: Duties(A) °i Cheaper utilization di9eMaalYrorei provide �meb"^ Appointment, Powers and bumY pact me pmrial, as necessthisary fe,carr. if 2606 Director s Dlaester shall be mnsistani PurposesMe the Stet. rf- -i Emergency Powers C 111ornla and National Civil Defense) 1101 Disaster Plan Plan, 2,08 Disaster Organization (B) A agentment of dnngremrcv aulies* 26W Punishment a Violations and functions anall best forth in they x/10 Severability plan for all. City A9ences and I Purposes Empl%en. area purposes of Mils Chapter (C) Amendments to the Plan shall Mj nide for °reparation and: Placed an file wish me city Contrail ov, vasons, corporations, and oreaingtens.1 (D) In assigning disaster dunes arc eAra°relnary ed with the Cwncil. 9,wll be me.�' not. earth- ^try dagga upo me seen had a eiry iimnar evert Dgye.nmart, as empigyees, and gang, mgr does registered vmungnr disaster service ager dAy to ken, pan° shall alllgmuv apply Meir Intent gn- Nlmga g°w.re me development n mc' mast eBW we aissuder preparedness see IJ Mils Program Imin their probe The Plan'.. sponsims. tat 6-mrs; 11 north Pal C,, A'1;,imbera and employees of JhT� If, Chapter, the terms Daimler 0 Th Direct,,r a, not limited W actual or utillbe the emplit,"i 0 this City in on fir., shown, epidemic, dearnal necessary, the Director 1, U16,pup"p'loolon, or other authosized to Use vol,mths, ft, section M OwsM Council,Mem- bennlP: The Costa Mean Disaster Council Is mrebv created and its membershipn shall consist a the fall AvIng (A) The City Manager, who snail be chairman. (B) The Mainland City Moral who shall be the Vice-Chalmwn. (C) The Coordinator of Disaster Plan inp dna Training. n ID) Tne City Attorney or his rlse mati v e. (E) Such Deputy Civil Defense Dirle- here and rg Chiefs of Emeence t t as are Provided for in the current Civil Defense and Disaster Emergency Operations Plan s me City of Creta MesaeM as wMlimM by the Director. (P) Sutli r esenatives of Civic, BpnmeE, Labor, VNvans, Professional, Miner o iaetions a may be a Wmtea by me City Manager, P ger, however, not as exceM five (6) In number. Section &06 Disaster Chanm _ Pa. ane Dunn "anal be the duty W the Costa Mena Disaster Council, and Tt Is hereby on tria the orfire a A Division or me City as Violafions: 6tlemeanc, nM to ex. for not M ex. both, for any Ems"a" O:' IaMTVI,rU'a or r¢dVlaflan1 City ewndl to mk ordinance, ar In fA ar an tnrealanad ofibis Orchanes. VPon in hee"Twon killed mereoimr til To weao carry or aiwlaY, wltnwt !`city a CPs% autnorltv, any meas of identification cape with me Winner wyen,y M theiIStaDefense te `or 0 the of Disaster in Mis chapter ne. take effect and ce days 1— and! f - " to me expiration Tram me passage shad oMe in the m. is y.per of Mad a. seal !Sam ase. together With users ohne City valent Me same. TED this IM day It, M Costa Mesa IIA R Y Ckrkof the Ci1Y sNltb Clark of the Wof Mre amahmmo immd«ha utl a action at a moukr nlcl an me sen tnereener pass- uhok at a regular ioncil hold on me , nv the mnmvine MEN W iso n, lalf, PlnkleY EN Nora LMEN None -REOF, 1 been IM Ms. the Seal sa Mi. IDm Day at oM10 lywCoundl• osta Mesa karat Dally Plot Ill.