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Ordinance - 1466ORDINANCE NO. 1466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING A NEW CHAPTER 8 TO THE WEST COVINA MUNICIPAL CODE RELATING TO EMERGENCIES AND CIVIL DEFENSE, AND REPEALING THE EXISTING CHAPTER 8 OF THE • WEST COVINA MUNICIPAL CODE RELATING TO DISASTER RELIEF AND CIVIL DEFENSE. The City Council of the City of West Covina does ordain as follows: SECTION I. A new Chapter 8 to the West Covina Municipal Code, consisting of Article I through Article III, is hereby added to read in full as follows: CHAPTER 8 EMERGENCIES AND CIVIL DEFENSE ARTICLE I. IN GENERAL SECTION 8-1. PURPOSES. The declared purposes of this ordinance -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 an emergency; the direction 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 8-2. DEFINITIONS. As used in this Chapter, "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, 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, or facilities of this city, requiring the combined forces of other political subdivisions to combat. SECTION 8-3. 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 or operation of law, including persons impressed into service under the provisions of Section 8-33, A. 6c., of this Chapter, 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 West Covina. SECTION 8-4. EMERGENCY PLAN. The West Covina Emergency Council shall be responsible for the development of the City of West Covina 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 8-5. EXPENDITURES. Any.expenditure made -in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benef.it of the inhabitants and property of the City of West Covina. SECTION 8-6. VIOLATIONS. is for shall be a misdemeanor, punishable as provided in Section 1-37 of this Code, for any person 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 Chapter, or in the performance.of any duty imposed upon him by virtue of this Chapter. B) Do any act forbidden by any lawful rule or regulation issued pursuant to. this Chapter, 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) Or at any time; wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state or city. SECTION 8-7 SEVERABILITY. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Chapter are declared to be severable. SECTIONS 8-8 -- 8-17. RESERVED. ARTICLE II. EMERGENCY COUNCIL. SECTION 8-18. CREATED; MEMBERSHIP. The West Covina Emergency Services and Disaster Council is hereby created and shall be also known as the West Covina Emergency Council and shall consist of the following: .A) The Mayor, who shall be Chairperson B) The Director of Emergency Services, who shall be Vice Chairperson C) The Deputy Director of Emergency Services D) Such Group.Directors, Service Coordinators, and key staff members of emergency services as are provided for in the current emergency.`plan of this city, adopted pursuant to this Chapter, and appointed by the Director of Emergency Services to serve on the'Emergency Council. E) .Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services, with the advice and consent of the City Council. SECTION 8-ig. POWERS AND DUTIES. It shall be the duty of the West Covina Emergency Services and 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 Emergency Council shall meet upon the call of the Chairperson, or, in his/her absence from the city or inability to call such meeting, upon the call of the Vice Chairperson. -2- SECTION 8-20 -- 8-30. RESERVED. ARTICLE III. DIRECTOR OF EMERGENCY SERVICES. SECTION 8-31. DIRECTOR OFFICE CREATED; CITY MANAGER DESIGNATED DIRECTOR. There is hereby created the Office of Director bf Emergency Services. The City Manager shall be the Director of Emergency Services. • SECTION 8-32. DEPUTY DIRECTOR OFFICE CREATED. There is hereby created the Office of Deputy Director of Emergency Services, who shall be.appointed by the Director with the advice and consent of the City Council. SECTION 8-33., POWER AND DUTIES OF THE DIRECTOR. A) The Director of Emergency Services is hereby empowered to: 1) Request the City Council to proclaim the existence or threatened existence of a "Local Emergency" if the City Council is in session, or to issue such proclam- ation -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. 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. Chapter. • 4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and respons- ibility that may arise between them. 5) Represent-th-is 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, 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 i_s 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 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; c) To require emergency.services of'any city officer or employee and, in the event of the proclamation of a "Local Emergency", or a "State of Emergency" in the county in which this c.i.ty is located, or the existence of a "State of War Emergency", 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 privi.leges, benefits, and immunities as are provided by state law for registered Disaster Service Workers; -3 d) To requisition necessary personnel or material of any city department or agency; and e) To execute all his ordinary power as City Manager, all of the special powers conferred upon him by this Chapter 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 8-34. POWERS AND DUTIES OF THE DEPUTY DIRECTOR. The Deputy Director shall., under the supervision of the'Di-rector and with the assistance of Emergency Services Directors and Coordinators, develop.emergency plans and manage.the emergency programs of this city; and shall have such other powers and duties as may be assigned by the Director. SECTION 2.. It is the intent of the City.Council in enacting this ordinance that it shall be considered a revision and continuation 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 pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. SECTION 3. The existing Chapter 8 of the West Covina Municipal Code relating to Disaster Relief and Civil Defense is hereby repealed. SECTION 4. The City Clerk shall certify to the passage of.this ordinance and cause the same to be published as required by law. SECTION 5. The City Clerk shall forward a certified copy of this ordinance to the State Office of Emergency Services. SECTION 6. This ordinance shall become effective and be in full effect and force at 12:01 A.M. on the thirty-first day after its passage. ATTEST: PASSED AND APPROVED this llth day of February 1980. CI,TY CLERK -4- K�A MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF WEST COVINA ) •i YVONNE.CALMES, City Clerk of the City of West Covina, do hereby certify that.the.foregoin.g Ordinance No. 1466.was.regularl.y introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of January 1980. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the llth day of February 1980, by the following vote, to wit: AYES: Councilmen: Miller; Tice, Shearer, Browne, Chappell NOES: Councilmen: None 0 ABSENT: Councilman: None APPROVED AS TO FORM: da4."t., st�� CITY ATTORNEY -5- CITY CLERK