Ordinance - 2339ORDINANCE NO.2339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 8 — CIVIL DEFENSE AND
EMERGENCIES WITH CHAPTER 8 — EMERGENCY
ORGANIZATION
WHEREAS, it is deemed to be in the City's best interest to reflect the proper authority,
terminology, and execution of duties identified within Chapter 8 of the Municipal Code in the
event of an emergency as reasonably necessary due to local, state and federal requirements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Section 8-1 (Purpose) of the West Covina Municipal Code, is hereby
amended to read as follows:
Sec. 8-1. — Purpose.
The declared purpose of this chapter is to provide for the preparation and carrying out of
plans for the protection of persons and property within the City of West Covina in the event of an
emergency. This chapter shall provide for the direction of the emergency organization and the
coordination of the emergency functions with all other public agencies, corporations,
organizations, and affected private persons.
SECTION 2. That Section 8-2 (Definition) of the West Covina Municipal Code, is
hereby amended to read as follows:
Sec. 8-2. — Definition.
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 the City's
jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation or disease, the Governor's
warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, including
conditions resulting from war or imminent threat of war, other than conditions resulting from a
labor controversy, which are, or are likely to be, beyond the control of the services, personnel,
equipment, and facilities of the City, requiring the combined forces of other political
subdivisions to combat.
SECTION 3. That Section 8-3 (Emergency Organization) of the West Covina Municipal
Code, is hereby amended to read as follows:
Sec. 8-3. — Emergency Organization.
All officers and employees of West Covina, 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 by the Director of
Emergency Services, or his/her designee, be charged with duties incident to the protection of
life and property in this City during such emergency, and shall constitute the emergency
organization of the City.
SECTION 4. That Section 8-4 (Emergency & Disaster Council: Membership) of the
West Covina Municipal Code, is hereby amended to read as follows:
Sec. 8-4. — Emergency & Disaster Council: Membership.
The City of West Covina Emergency & Disaster Council is hereby created and shall
consist of the following:
(a) The Mayor, who shall be Chair.
(b) The Mayor Pro Tem, who shall be Vice Chair.
(c) All members of the West Covina City Council.
(d) Staff, technical advisors, and community representatives as may be appointed by the
Emergency & Disaster Council Chair with the concurrence of a majority of the above
Emergency & Disaster Council members.
SECTION 5. That Section 8-5 (Emergency & Disaster Council: Powers, Duties,
Meetings) of the West Covina Municipal Code, is hereby amended to read as follows:
Sec. 8-5. — Emergency & Disaster Council: Powers, Duties, Meetings.
It shall be the duty of the City of West Covina Emergency & 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 & Disaster Council
shall meet upon call of the Emergency & Disaster Council Chair or upon call of the Emergency
& Disaster Council Vice -Chair in the absence of the Chair.
SECTION 6. That Section 8-6 (Director and Assistant Director of Emergency Services)
of the West Covina Municipal Code, is hereby amended to read as follows:
Sec. 8-6. — Director and Assistant Director of Emergency Services.
(a) There is hereby created the Director of Emergency Services. The City Manager of the
City of West Covina shall be the Director of Emergency Services.
(b) There is hereby created Assistant Director of Emergency Services, who shall be
appointed by the Director of Emergency Services. The Director of Emergency Services
may appoint the Assistant City Manager, Fire Chief, Police Chief, or City Employee as
the Assistant Director of Emergency Services.
(c) In the absence of the Director and Assistant Director of Emergency Services, the
Emergency & Disaster Council Chair, with the concurrence of a majority of the
Emergency & Disaster Council members may appoint the Director and Assistant Director
of Emergency Services.
SECTION 7. That Section 8-7 (Emergency Powers of the Director of Emergency
Services and Assistant Director of Emergency Services) of the West Covina Municipal Code, is
hereby amended to read as follows:
Sec. 8-7. — Emergency Powers of the Director of Emergency Services and Assistant Director of
Emergency Services.
(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 proclamation if the City Council is
not in session. Whenever a local emergency is proclaimed by the 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;
(2) Request the City Council to review the need for continuing the local emergency at
least once every 30 days until the City Council terminates the local emergency;
(3) Request the Governor to proclaim a state of emergency when, in the opinion of the
Director of Emergency Services, the locally available resources are inadequate to cope with the
emergency;
(4) Control and direct the effort of the Emergency Organization of the City for the
accomplishment of the purposes of this chapter; and
(5) Direct cooperation between and coordination of services and staff of the Emergency
Organization of the City and resolve questions of authority and responsibility that may arise
between them;
(6) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined in this chapter; and
(7) In the event of the proclamation of a local emergency, the proclamation of a state of
emergency by the Governor or the Secretary of the California Emergency Management Agency,
or the existence of a state of war emergency, the Director of Emergency Services is hereby
empowered to:
(i) Promulgate written orders and regulations necessary to provide for the
protection of life and property as affected by such emergency, including orders or
regulations imposing a curfew within designated boundaries where necessary to preserve
the public order and safety; provided, however, such rules and regulations shall be widely
publicized and noticed and shall be confirmed at the earliest practicable time by the City
Council;
(ii) 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;
(iii) Require emergency services of any City officer or employee and, in the
event of the proclamation of a "state of emergency" in the County of Los Angeles or the
existence of a "state of war emergency," to command the aid of as many citizens of the
community as deemed necessary in the execution of duties; such persons shall be entitled
to all privileges, benefits, and immunities as are provided by state law for registered
disaster services workers;
(iv) Requisition necessary personnel or material of any City Departments or
agencies;
(v) Execute all ordinary powers; all special powers conferred by this chapter, by
resolution, and by an adopted Emergency Plan; and all other powers conferred by statute,
agreement approved by the City Council, or by any other lawful authority;
(vi) Approve contracts as necessary to support the Emergency Organization and
to protect the life and property of the citizens of West Covina.
(b) In the absence of the Director of Emergency Services, the Assistant Director of Emergency
Services is empowered to take on the powers of the Director of Emergency Services under
Section 8-7(a). The Director of Emergency Services shall be deemed absent where he or she is
unavailable to participate in meetings or otherwise is unable to perform his or her duties during
an emergency.
(c) The Director of Emergency Services may supplement the order of succession to that office
identified in Section 8-7(b), to take effect in the event the Director is absent. Such order of
succession shall be approved by the governing body.
SECTION 8. That Section 8-8 (Emergency Plan) of the West Covina Municipal Code,
is hereby amended to read as follows:
Sec. 8-8. — Emergency Plan.
The City of West Covina Emergency and Disaster Council shall be responsible for the
development of the Emergency Plan, which shall provide for the effective mobilization of all of
the resources of this jurisdiction, 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 9. That Section 8-9 (Expenditures) of the West Covina Municipal Code, is
hereby amended to read as follows:
Sec. 8-9 — Expenditures.
Any expenditure 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 West Covina. Under certain emergency conditions the
Emergency & Disaster Council of the Emergency Organization, may enact conditional changes
in procurement processes, spending limits, approval authorities, and allocation of City resources
in order to support the City's required response activities.
SECTION 10. That Section 8-10 (Violations of Provisions: Penalties) of the West
Covina Municipal Code, is hereby amended to read as follows:
Sec. 8-10. — Violations of Provisions: Penalties
It 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 the provisions of this Chapter
or in the performance of any duty imposed upon him by virtue of said provisions; and
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the
provisions of this chapter if such act is of such a nature as to give, or be likely to give, assistance
to the enemy or imperil the lives or property of inhabitants of the City, or to prevent, hinder, or
delay the defense or protection thereof; or
(c) Wear, carry, or display, without authority, any means of identification specified by
the emergency agency of the Federal, State, County or Local governments.
SECTION 11: The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted or published in the manner as required by law.
SECTION 12: This ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage.
PASSED, APPROVED AND ADO
APPROVED AS TO FORM:
, a,� �,
1 amber all Barlow
City Attorney
dayA,May, 2018.
Mike Spence
Mayor
ATTEST:
Nickolas S. Le s
City Clerk
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 17a' day of April, 2018. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1" day of
May, 2018, by the following vote:
AYES:
Toma, Warshaw, Wu, Johnson, Spence
NOES:
None
ABSENT:
None
ABSTAIN: None
4kolas
Niw "
City Clerk