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ORDINANCE 9174q99 ORDINANCE NO. 917 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 2.44 OF THE "EL SEGUNDO MUNICIPAL CODE" WHICH SAID CHAPTER RELATES TO EMERGENCY SERVICES ORGANIZATION. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.44 of the "E1 Segundo Municipal Code" is amended to read as follows: CHAPTER 2.44 EMERGENCY SERVICES ORGANIZATION 2.44.010 DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: "Emergency services" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily respon- sible, to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition re- lating to a labor controversy. "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake or other con- ditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the sevices, personnel, equipment, and facil- ities of this city and require the combined forces of other political subdivisions to combat. "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake or other conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. 2.44.020 PURPOSES OF CHAPTER. 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 an emergency; 5000 the direction of the emergency organization; and the coor- dination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. 2.44.030 EXPENDITURES. Any expenditures 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. 2.44.040 DISASTER COUNCIL - CREATED. The city disaster council is hereby created. 2.44.050 COUNCIL - COMPOSITION. The city disaster council created under the provisions of the preceding section shall consist of the following: (1) The mayor, who shall be chairman; (2) The city manager, who shall be director of emer- gency services and vice chairman; (3) The assistant director, appointed by the city manager with the advice and consent of the city council who, under the supervision of the director, shall develop emergency plans and organize the emergency services program of the city, and shall have such other duties as may be assigned by the director; (4) Such deputy directors and chiefs of emergency services as are provided for in the current emergency plan of the city, adopted pursuant to this chapter; (5) 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. 2.44.060 COUNCIL - MEETINGS. The disaster council shall meet upon the call of the chairman, or in his absence from the city or inability to call the meeting, upon the call of the vice chairman. 2.44.070 COUNCIL - POWERS AND DUTIES. It shall be the duty of the city disaster council and it is hereby empowered to review 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 the plans and agreements. 2.44.080 DIRECTOR - OFFICE CREATED. There is hereby created the office of director of emergency services. The officer shall be the city manager. 2.44.090 DIRECTOR - POWERS AND DUTIES. The director of emergency services is hereby empowered: (1) To request the city council to proclaim the exis- tence or threatened existence of a "local emergency" and the termination thereof, if the city council is in session, or to issue the proclamation if the city council is not in session, subject to confirmation by the city council within 7 days thereafter or the proclamation shall have no further force or effect. - 2 - :;()f1 t (2) To request the governor to proclaim a "state of emergency" when in the opinion of the director the resources of the area are inadequate to cope with the disaster. The request must be confirmed by a resolution adopted by the City Council; (3) To control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter; (4) To direct coordination and cooperation between divisions, services and staff of the emergency organization of the city, and to resolve questions of authority and responsibility that may arise between them; (5) To represent the disaster organization of the city in all dealings with public or private agencies pertaining to civil defense and disaster; (6) To designate the order of succession to that office, to take effect in the event the director is unavail- able to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council. 2.44.100 DIRECTOR - POWERS IN EVENT OF DISASTER. 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 is hereby empowered: (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, and if required immediately, to commandeer the same for public use; (3) To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city 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 privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (4) To requisition necessary personnel or material of any city department or agency; (5) To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution (or emergency 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. 2.44.110 EMERGENCY ORGANIZATION - COMPOSITION. All officers and employees of the city, together with those - 3 - 50021 volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of laws, including persons comman- deered under the provisions of Section 2.44.100 (3), be charged with duties incident to the protection of life and property in the city during the emergency shall con- stitute the emergency organization of the city. 2.44.120 EMERGENCY PLAN. The functions and duties of the emergency organization shall be established in the City Emergency Plan. The plan shall provide for the effec- tive 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. 2.44.130 VIOLATIONS. It shall be a misdemeanor, punishable as provided in Section 1.12.010, for any person during a disaster: (1) Wilfully to 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; (2) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the 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 the city, or to prevent, hinder or delay the defense or protection thereof; (3) To wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. SECTION 2. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo,and which is hereby designated for that purpose. 4 - PASSED, APPROVED and ADOPTED THIS 4th day of -January , 1977. ATTEST: City Clerk (SEAL) 5OOIz Mayor of the City of E1 Segundo, California 0&1= F4 10 J, STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) VALERIE A, $URROWES, , , , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. , 917 . is a full, true and correct original of Ordinance No, . , ..917..... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 2.44 OF THE "EL SEGUNDO MUNICIPAL CODE" WHICH SAID CHAPTER RELATES TO EMERGENCY SERVICES ORGANIZATION which was duly 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 meeting of the said Council held on the ... 4th.. day of . , January 19.7 ........ and that the same was so passed and adopted by the following vote: AYES: Councilmen . Bue,, Nagel,, Rockhpi¢, .Vpp.Vranken, , , , , , , . ...................... NOES: Councilmen .None,,,,,,,,,,,,,,,,,,,,,,,,,, „ ABSENT: . QPP r1PA rDPP.. NQue ...... ............................... 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. . 9l ' 7.... 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 circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit:... SAN 1 3,1977........ City Clerk of the City of El Segundo, California (SEAL) By......... ............................... Deputy