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HomeMy WebLinkAboutNS-1010ORDINANCE NS-1010 AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING DIVISION 3, ARTICLE IV, OF CHAPTER 2 THEREOF RELATING TO CIVIL DISASTER PROTECTION WHEREAS, in order to bring the civil Defense provisions of the City of Santa Ana up to existing external law, it is necessary that said provisions be amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by amending Division 3, Article IV, of Chapter 2 thereof to read in words and figures, as follows: DIVISION 3. CIVIL DISASTER PROTECTION Sec. 2-400. ~rposes. The declared purposes of this division are to provide for the preparation and carrying out of plans for the civil defense of persons and property within the city in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of the 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. Sec. 2-401. Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: DISASTER SERVICES: The organized preparation for and carrying out of all emergency functions for which the City of Santa Ana would normally be responsible in order to prevent, minimize, or repair the injury and damage resulting from any disaster, actual or threatened, against personnel, land, or buildings, such as extraordinary fire, flood, earthquake, epi- demic, riot, major explosion or other similar public calamity. CIVIL DEFENSE: The organized preparation for and carrying out of all emergency planning and operations, for actual or threatened enemy attack and sabotage, other than functions for which military forces are primarily responsible, to prevent, mimimize, and repair injury and damage resulting from a threatened or actual action of an enemy force against the United States. Sec. 2-402. Disaster Council - Membership. The Santa Ana Disaster Council is hereby created and shall consist of the following: (1) The mayor, who shall be chairman; (2) The city manager, who shall be vice ~hairman;. (3) The city attorney or his representative; (4) The department heads who have specific disaster planning functions: Director of public works, director of finance, fire chief, police chief, and director of building safety and housing, and such other depart- ment heads as may be appointed by the city manager. -1- (5) Such representatives of civic, business, labor, veterans, and professional organizations as may be appointed by the mayor with the advice and consent of the city council, but not to exceed five (5) in number. Sec. 2-403. Same - Powers and duties. It shall be the duty of the disaster council and it is hereby empowered to review and recommend 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 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 vice chairman. Sec. 2-404. Director of Disaster Services - Powers and Duties Generally. The city manager shall be the director of disaster services. The assistant city manager shall be the deputy director, who shall act for the director in his absence. The director is empowered to: (1) 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, if the city council is not in session, to issue such proclamation subject to confirmation by the city council at the earliest practicable time. (2) Request the governor to proclaim a state of disaster or extreme emergency when in the opinion of the director the resources immediately available to the city of Santa Ana are inadequate to cope with the disaster. (3) Control and direct the effort of the civil defense and disaster organization of the city for the accomplish- ment of the purposes of this division. (4) Direct coordination and co-operation between divisions, services and staff of the civil defense and disaster organization of the city and to resolve questions of authority and responsibility that may arise between them. (5) Represent the civil defense and disaster organization of the city in all dealings with public or private agencies pertaining to civil defense and disaster. (6) Appoint a coordinator of disaster services who, under the supervision 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. (7) Prepare and maintain, on a current basis, a disaster plan to be known as the "Disaster Plan of the City of Santa Ana, California". This plan, referred to in the remainder of this Division as "the plan", shall be effective upon filing of the plan with, and acceptance by, the city council. (8) Implement the plan in whole or in part at such times as he deems necessary. -2- Sec. 2-405. 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 extreme emergency by the governor or any person who may lawfully issue such proclamation, the director is empowered to: (1) 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) Obtain vital supplies, equipment and such other prop- erties 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) Require emergency services of any city officer or employee, and, if city forces are deemed inadequate, require aid of as many citizens of this community as are deemed necessary in the execution of these duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered civil defense and disaster worker volunteers. (4) Requisition necessary personnel or material of any city department or agency. (5) Execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this division 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 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. Sec. 2-406. Disaster Plan. (1) The disaster plan approved by the city council 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 consistent with the State of california and national civil defense plans. (2) Assignment of emergency duties and functions shall be set forth in the plan for all city agencies and employees. (3) Amendments to the plan shall be placed on file with the city council by the director. Such amendments shall be effective upon filing and acceptance of the amend- ments by the city council. (4) assigning disaster duties and functions to city agencies and personnel, the director shall place such responsibilities in order to utilize to best advantage the inherent competencies already existing in the governmental structure. When the requisite competency for a f~lnction is not available within the city government, the director is authorized to seek assis- tance on a volunteer basis from persons outside of government. The assignment of duties, when of a -3- 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. (5) 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 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 Division and have the effect of law whenever a disaster, as provided in this Division, has been proclaimed. (6) Each service chief shall formulate the operational plan for his service which, after approval by the disaster council, shall become an annex to the plan. Sec. 2-407. Civil Defense and Disaster Orqanization - Composition. Ail officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations, and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of this Division, charged with duties incident to the protection of life and property in the city during such disaster, shall constitute the civil defense and disaster organization of the city. Sec. 2-408. violations. No person shall, during a disaster, (1) Wilfully obstruct, hinder, or delay any member of the civil defense and disaster organization in the enforce- ment of any lawful rule or regulation issued pursuant to this Division, or in the performance of any duty imposed upon him by virtue of this Division. (2) Do any act forbidden by any lawful rule or regulation issued pursuant to this division, 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 in- habitants of the city, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the State of California or of the City of Santa Ana. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 20~h day of April , 1970. ATTEST: CLERK OF THE COUNCIL MAYOR -4- STATE OF CALIFORNIA) COUNTY OF OR3kNGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 6th day of April, 1970, and was again considered by said Council at its meeting held on the 9o~.~ day of .~A~ril , 1970, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILSiEN: Herrin, Evans, Markel,, Patterson, Villa, Y-~oto, Griset NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -5-