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ORDINANCE 378L 17x4 0RDI�T� NO. 378 AN OFDIN,`JTCE OF THE CITY OF EL SEGTTTDO, CALIF OR'TI ' , RIM.L _TITTG TO CIVIL DEFENSE A? D DISASTERS . The City Council of the City of El Segundo, California, does ordain as follows: SECTIOTT 1. PURPOSE. The declared purposes of this Ordi- nance are to provide for the preparation and carrying out of plans for the civil defense 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 or- ganizations. 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 El Segundo, California. SECTION 2. DEFIYITIONS. A. Civil Defense. As used in this Ordinance, the term "Civil Defense'l shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from dis- asters. It shall not include, nor does any provision of this Ordinance apply to any condition relating to a labor controversy. B. Disaster. As used in this Ordinance, the term "Disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. CIVIL JEF ENSF. : =.NT DIS i *: ST -'R COLTY-CIL . T,,MBER- SHIP. The City of E1 Segundo Civil Defense and Disaster Council is hereby created and shall consist of the following: - 1 - A. The T;ayor, tiho shall be Chairman and Director of Civil Defense and Disaster. B. First Vice Director, appointed by the T;rayor with the advice and consent of the City Council, and who shall act during the absence or disability of the Director. C. Second Vice Director, appointed by the h1ayor with the advice and consent of the City Council, and who shall act during the absence or disability of the Director and First Vice Director. D. The Assistant Director, appointed by the Mayor with the advice and consent of the City Council, who, under the supervision of the Director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this City, and shall have such other duties as may be assigned by the Director. E. such Deputy Directors and chiefs of oper_.'Uing civil defense and disaster departments, services or divi- sions as are provided for by resolution pursuant to this ordinance. F. Such representatives of civic, business, labor, vet- erans, professional or other organizations Having an official group or organization civil defense and dis- aster responsibility as may be appointed by the Mayor with the advice and consent of the City Council. SECTION 4. GT �VIL :DIS r :ST._ = COUNCIL. P0';rrPS ATVD DUTIES. It shall be the duty of the City of E1 Segundo Civil Defense and Disaster Council, and it is hereby empowered, to review and recoimend for adoption by the City Council, civil defense and disaster 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 Civil Defense and 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 First Vice Director or Second Vice Director. SECTION 5. DIR�CTuR OF CIVIL D'E ENSE DISASTER. PO;'TERS A -D D- LJTIES. There is hereby created the office of Director of Civil - 2 - I 1._ Defense and Disaster. Such officer shall be the TYayor. The Director is hereby empowered: A. To request the City Council to proclaim the exist- ence or threatened existence of a disaster and the termination thereof, if the City Council is in ses- sion, 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 ex- treme emergency when in the opinion of the Director the resources of the area or region are inadequate to cope with the disaster; C. To control and direct the effort of the civil de- fense and disaster organization of this City for the accomplishment of the purposes of this Ordinance; D. To direct coordination and coo- ceration between divi- sions, services and staff of the civil defense and disaster organization of this City, and to resolve questions of authority and responsibility that may arise between them; E. To represent the civil defense and disaster organi- zation of the City in all dealings with public or pri- vate agencies pertaining to civil defense and disaster. SECTIOT- 6. In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emer- gency by the Governor or the State Director of Civil Defense, the Director is hereby empowered: A. To make and issue rules and regulations on matters reasonably related to the protection of life and 3 - s 21 f'7 property as affected b such disaster; provided, however, such rules and regulations must be con- firmed at the earliest practicable time by the City Council. B. Toobtain vital supplies, equipment and such other properties found lacking and needed for the pro- tection of the life and property of the people, and 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 state of extreme emergency by the Governor in the region in which this City is located, to com- mand the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all :rivileges, benefits and immunities as are provided by State law for registered civil defense and disaster Trorker volunteers; D. To requisition necessary personnel or material of any City Department or agency; E. To execute all of his ordinary powers as IZIayor, all of the special powers conferred upon him b y this Ordinance,or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agree- ment approved by the City Council, or by any other lawful authority, and in conformity vdth Section 38791 of the Government Code, to exercise all police power vested in the City by the Constitution and general laws. SECTION 7. CIVIL DEF-'TSE r11M DISAST ER ORGANIZATION. All officers and employees of this City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, or- ganizations and persons who may by agreement or operation of laws, including persons commandeered under the provisions of Section 6 (C) of this Ordinance, be charged with duties incident to the pro- tection of life and property in this City during such disaster, shall constitute the Civil Defense and Disaster organization of the City of El Segundo. SECTION 8. DIVISICNS, SERVICES AND STAFF OF UJE CIVIL DEFT, TSE AND DISASTER ORG.ZTIZATION. The functions and duties of the City of E1 Segundo Civil Defense and Disaster organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution. The City Council shallconcurrently with the adoption cf this Ordinance, adopt a resolution setting forth the form of organi- zation, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of of- ficers and employees, Insofar as possible, the form of organization titles and terminology shall conform to the recommendations of the Federal government and the Civil Defense agency of the State of California. SECTICPv 9. PTjMIS1-2 E'T OF VIOLATIONS. It shall be a mis- demeanor, punishable by a fine of not to exceed $500.00 or by im- prisonment in the City Jail of the City of El Segundo or in the County Jail of the County of Los Angeles, California, as the com- mitting magistrate may direct, for not to exceed six months, or by both such fine and imprisonment, for any person during a disaster: A. Wilfully to obstruct, hinder or delay any member of the Civil Defense and 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; - 5 - X479 B. To do any act forbidden by any lawful rules or re- gulations issued pursuant to this Ordinance, if such act is of such 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 pre- vent, hinder or delay the defense or protection thereof; C. To wear, carry or display, without authority, any means of identification specified by the Civil De- fense and Disaster agency of the State. SECTION 10. =IE'AL OF CONFLICTING ORDINY�TCES. That the following Ordinance, to wit: Ordinance No. 336, entitled: 'IAN ORDITTAi:CE OF TIE CITY OF EL SEMUNDO, CALIFORNIA, RELY 'iTING TO DISASTERS; MAKING PROVISION FOR TT-'E ORGANIZATION AND FUNC- TIONING OF A DIS , TAR ORGI nZATION _UTD COUNCIL; AND R =EALING :yLL ORDIT-'1=; " "CES =17'D R, R ^1S OF ORDINIU,?CES IN COEFFLICT THJ RE'i;`I TH . 't passed and adopted on the 4th day of August, 1948, and all amend- ments of said Ordinance; and all other Ordinances of said City in- sofar as the same conflict with the provisions of this Ordinance, shall be and the same are hereby repealed; provided, however, that it is the intention of the City Council in enacting this Ordinance that it shall be considered a revision and continuation of the Ordinances repealed by this Ordinance, and 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 Ordinances be affected by such repeal until amended, modified, or superseded as provided in this Ordinance. J 21-0 SLCTIC 11. FFY"`TIV1 D.'."'E. This Ordinance is hereby declared to be an emergency- measure necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately. The following is a statement of the facts show- ing its urgency; The National Security resources Board of the Federal Government has recently published its plan for the civil defense of the Country. The Mate of California, acting in accordance with the Federal plan, has enacted and made immnediately effective the "Civil Defense .`�,ct of 1950 ". Both the Congress and the Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contemplate immediate adoption of such local legis- lation as is necessary to put into operation a coordinated and ef- fective civil defense and disaster program so that each citizen and each corununity will be ready in the event of a disaster to afford as complete protection as is ;.)ossible to life and property. In order that the laws of this City relating to Civil Defense and Disaster may be brought into conformity with the Federal and State plans at the earliest possible date, it is necessary that this Or- dinance take effect immediately. SJCmIUT: 12. SyF1P`3'I -LILY. If any provision of this Or- dinance or the application thereof to any person or circumstances is held invalid, suc. invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the rrovisions of this Ordinance are declared to be sever< -ble. SI,C l: - 13. That the City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in "che book of original Ordinances of said City; shall make a minute of the passa!;e and adoption thereof in the records of the proceedings of the City Council of the said City in the minutes of the meeting at which the sarie is passed and adopted; and shall, - 7 - within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated in said City, and which is hereby designated for that purpose. Passed, approved and adopted this �± day of __ January , 1951. ATT_ ST : VICTOR D. 1vcCARTHY City Clerk of the City of El Segundo, California. By Deputy City Clerk (SEAL) STATE OF C.,1LIFOR.YI11, ) COUNTY OF LOS ANGEMES, ) SS. CITY OF EL SEGUNDO. ) Mayor of the City Segundo, Calif or i I, Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of mem- bers of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. g78 , was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meet- ing of the said Council held on the day of January, 1951, and that the same was so passed and —7 —opted by the following vote: AYES: Councilmen gepdon., Paterson, Rwnnnnn, Th nm= gnn and Wyep -Selby NOES: Councilmene ABSENT: Councilmen Uome J'fITINESS my hand and the official seal of said City this 3 ! sr day of January, 1951. VICTOR D. 1cCARTHY City Clerk of the City of E1 Segundo, California. By (SEMI,) Deputy City C erk i Ii 49 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES,) S3. CITY OF EL SEGUNDO. ) I, Victor D. 11cCarthy, City Segundo, California, do hereby certify members of the City Council of the saii going ordinance, being Ordinance No. correct copy of Ordinance No. 378 _ do, California, entitled: Clerk of that the i City is 378 , of the s; the City of El whole number of five; that the fore - is a full, true and aid City of E1 Segun- "AI ORDINANCE OF THE CITY OF EL SEG"UNDO, CALIFORINIA, RELATING TO CIVIL DEFENSE LLD DISASTERS. ". which was duly passed and adopted by the said City Council, approved and signed by the Tdayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 31st day of January, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon Peterson Swanson, Thompson and Ivor Selhv NOES: Councilmen None ABSENT: Councilmen None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 378 was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circu- lation, printed, published and circulated within the said City and that the same was so published therein on the following date, to wit: — February 15t7h,,i c�S� (SEAL) VICTOR D. MCCARTKY City Clerk of the City of El Segundo, California. By Deputy City C erk r Af f idavit of Publication STATE OF CALIFORNIA, 1 COUNTY OF LOS ANGELES, } ss. CITY OF EL SEGUNDO, .......Qt .4rme n, , V 0 t dW .... , being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the...... ................................................................. ............................... Editor of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, In said County and State; that said newsapaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the Publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times here- in mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper -is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mention devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, laces or denominations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page....... numbered .................. .........................'..Mil T. Art................. ............................... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller then nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the.. QxSA44�. Cres.. ��P. t..' �5 ............................... ............................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said newspaper at least.. P114D ..... week...., j5JX .............. �c ]ttist�tdi�...., commencing on the ��?teh ..... day of ftbr�y.............. A. D. 195 :., and ending on the..1`J.t.h ......... day of ] .Pt • •rUAry • . • ..............A. D. 19.."; and as often during said time as said newspaper was regu- larlyissued to-wit: ............................ ............................... ....................................................... & ............................ Subscribed and sworn to before me this.. 2Qth ... day of ... FOMMY ................ A. D. 19.51 VMOR..A.... McMTHY ..................... . City Clerk of the City of El Segundo, County of Los ^Angeles, State of California. By ....!'4 .ate.. . Deputy City Clerk of said City. ,�r :x