HomeMy WebLinkAboutResolution No. 1909RESOLUTION NO. 1909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA APPROVING AND ADOPTING PROPOSED LAW
ENFORCEMENT MUTUAL AID PLAN AND AUTHORIZING
PARTICIPATION IAT THE PLAN BY ITS OFFICERS AND
EMPLOYEES.
WHEREAS, there has been submitted to this Council a
proposed plan for receiving and dispatching law enforcement
mutual aid between and among the various political sub-
divisions and municipal corporations of this State in times
of emergency, as defined in the plan; and
WHEREAS, it is deemed in the interest of and for the
protection of the citizens of this community and their
properties that such a plan be adopted and approved;
NOW, THEREFORE, BE IT RESOLVED that that certain plan
designated "State of California Law Enforcement Mutual Aid
Plan", a copy of which is attached hereto and hereby made a
part hereof, as though set forth herein in full, be and the
same is hereby approved and adopted; and
BE IT FURTHER RESOLVED that the Mayor be and he is here-
by authorized and empowered to order the performance of such
law enforcement mutual aid services, including the use of
personnel and facilities, as may be requested and he may deem
available without unnecessarily depleting the city's agencies,
outside the territorial limits of this jurisdiction in
accordance with and pursuant to said Law Enforcement Mutual
Aid Plan, and subject to all provisions of law governing such
extra -territorial service.
BE IT FURTHER RESOLVED that the Mayor shall sign this
Resolution and the City Clerk shall attest the same and certify
to the passage and adoption thereof.
Passed, approved and adopted this
20th day of August, 1945.
CALIFORNIA
DISASTER ACT
AS AMENDED, EFFECTIVE SEPTEMBER 15, 1945
it 0
R' T
'IIVOPMv
EARL WARREN
GOVERNOR
46824 p,ieetd i i,p xu S,—i T-� Tn.c oencE
nca cxi .1y{S a pT..SE N.'�OORE, STATE pa1Ni¢a
CALIFORNIA DISASTER ACT
Chapter 1, Division 7, ,14ilitary and Veterans Code as added at Fifty-
fifth (First Extraordinary) Session (January, 1943) and amended at Fifty-
fifth (First Extraordinary) Session (January, 1943), at Fifty-flfth
(Fourth Extraordinary) Session (June, 1944), and at 1945 Regular Session.
NOr Amendments made at 1946 Session by Chapter 1024 take effect on September 16, 1946.
CHAPTER 1. DISASTER PREPAREDNESS AND RELIEF
Article 1. General Provisions
1500. The State has long recognized its responsibility to provide for pre-
paredness against disasters that may result from such calamities as flood, fire,
earthquake, pestilence, war, sabotage and riot. It is hereby found and
declared that it is necessary, to enable the State to more effectively join with
political subdivisions, municipal corporations and other public agencies of the
State, in preparing to cope with and guard against conditionswi ich may result
in extreme peril to life, property and the resources of the State and generally
to protect the health and safety and preserve the lives and property of the peo-
ple of the State, and, in times when the United States of America is engaged
in war, to assist the Federal Government in the successful prosecution
thereof, that a readjustment of the provisions of law for dealing with such
hazards be accomplished in the light of wartime experience, and that advan-
tage'be taken of those implements and methods, organizations and arrange-
ments that have already been developed to deal with possible future disasters.
1501. This chapter may be cited as the "California Disaster Act."
1502. As used in this chapter, "Disaster Council" means the California
State Disaster Council.
1504. As used in this chapter, "mutual aid region" means an area
within the State not wholly confined to a single city, or city and county, or
county, and not necessarily coterminous with the boundary lines of any city,
city and county, or county.
1505. As used in this chapter, "state of extreme emergency" means the
duh- proclaimed existence of. conditions. of extreme peril to the safety of per-
sons and property within the State caused by an enemy attack or threatened
attack by land, sea, or air, or when upon the advice of the commanding gen-
eral of this area, such an attack is imminent, an air raid alarm, sabotage, or
other cause such as fire, flood, storm, epidemic, riot or earthquake, which con-
ditions by reason of their magnitude are or are likely to be beyond the control
of the protective 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 extreme emergency^ does not
include nor does any provision of this chapter apply to any condition result-
ing from a labor controversy.
1506. As used in this chapter, "period of a state of extreme enner-
geney" means the interval of time between the duly authorizes proclamation
of the existence of a state of extreme emergency and the proclamation by the
Governor or the concurrent resolution of the two houses of the State Legis-
lature declaring it at an end.
1507. The State Fire Disaster Plan as heretofore approved by the State
Council of Defense and as said plan may have been modified or amended by
the State War Council, and the State Law Enforcement 'Mutual Aid Plan ns
heretofore approved by the State War Council, shall continue to be in effect,
and either of them may hereafter be modified by the Disaster Council. The
person holding the office of assistant to the director of the California State
War Council for law enforcement on June 30, 1945, is hereby transferred to
the Department of Justice on the effective date of this act as an appointee of
the Attorney General, and the provisions.of Article %XIV of the Constitu-
(2)
tion and the term "State civil service" shall apply to and include such per-
son. The State of California Standin, Operational Plait and Alert List as
developed by the California State War Council shall remain iu full force and
effect until and as it lnay be revised or amended by the, Governor upon the,
f1 reeomunentlation of the Disaster Council.
1509.8. As used in this division "Governor" means the f_;overuor or
person np ai wheat file powers and duties of, the office of Governor have devel-
oped pursuant to Section 16 of Article V of the Constitution.
1509.6. 1n carrying out the provisions of this chapter, the Governor may
(a) Procure and maintain offices in such parts of the State as may be
necessary or convenient;
(b) Acquire property, real or personal, or interests therein;
(c) Cooperate and contract with public and private agencies ,for the per-
formance of such acts, the rendition of such services and the affording of
such facilities as may be necessary and proper; .
(d) Do such other acts and things as may be necessary and incidental to
the exercise of powers and the discharge of duties conferred or imposed by
the provisions of this chapter.
1509.7. Each department, division, bureau, board, commission, and
officer of this State and of each agency, political subdivision, or local govern-
mental unit of the State shall render all possible assistance to the Governor
n carrying out the provisions of this chapter.
1.509.8. Except as in this chapter otherwise provided the Governor sue-
ceeds to and is vested with all the duties, powers, purposes, responsibilities'
and jurisdiction of the California State War Council and of the State Council
of Defense; and except as in this chapter otherwise provided wdlenever by the
provisi ois of any.statute or law now in force or that hereafter may be enacted
a fluty is imposed or a jurisdiction or authority conferred upon the State
War Council or the State Council of Defense such duty, jurisdiction and
authority- are hereby imposed upon and transferred to the Governor and his
staff with the same force and effect as though the title of the Governor had
been specifically- set forth and named therein in I feu of the State War Council
or of the State CounciL of Defense.
The Governor shall be in possession and control of all records, books,
papers, offices, equipment, supplies, moneys, foods, appropriations, land and
other property, real or personal, now or hereafter in the custody or under the
control of the State War Council or of the State Council of Defense or held
for the benefit or use of the State War Council or of the State Council of
Defense.
1509.9. The Governor is empowered toexpend any appropriation for sup-
port of the California Disaster Act to carry out the provisions of this chapter.
Article 2. Organization and Duties of the California State Disaster Council
.1510. There is hereby created a California State Disaster Council to
consist of the following:
(a) The Governor;
(b) The Lieutenant Governor;
(c) The Attorney General;
(d) One representative of the city governments of the State, and one
representative of the county governments of the State, to be appointed by the
Governor and to serve at his pleasure, provided these members shall be from
different counties;
„ (e) A representative of the American lied Cross, to be appointed by
the Governor;
(f) A representative of the city or county fire services of the State,
appointed by the Governor and to serve at his pleasure;
(g) A representative of the city or county law enforcement services of
the State, appointed by the Governor and to serve at his pleasure.
(3) ,
The President pro tempore of the Senate and the Speaker of the Assemn-
blv shall meet with and participate in the work of the Disaster Council to the
same extent as members of the council appointed by the Governor, excepting
when such participation is constitutionally incompatible with their respective
positions as Members of the Legislature.
1511. Neither the members of the Disaster Council nor the members of
the Legislature shall receive compensation for their services under this ehap-
ter, but they shall be reimbursed for their actual and necessary expenses
incurred in connection with their duties hereunder, at- in lieu thereof shall
receive mileage and ten dollars ($10) per day of actual service.
1512. The Governor shall be ex officio Chairman of the Disaster Council.
1513. It shall be the duty of the Disaster Council, and it is hereby
empowered
To act as an advisory body to the Governor in times of war or disaster
and with reference thereto im.order to minimize the effects of such occurrences
by recommending ameliorative action. The Disaster Council shall meet upon
call of the Governor.
It shall also be the dut;v of the Disaster Council, and it is hereby
empowered:
(a) To prepare and recommend for consideration by the Governor, rules
or regulations or orders which are within the province of the Governor to
promulgate;
(b) To consider and recommend to the Governor for approval the
boundaries of such "*mutual aid regions" of the State as may be designated;
(c) To consideranl approve inter -regional and regional mutualaid plans;
(d) To recommend to the Governor the assignment of any service or
activity relative to disaster or disaster planning to a State department having
duties related to such service or activity;
(c) To consider and recommend the creation by the (lovernor of advis-
ory committees in order to make available to the State civilian participation
end cooperation in disaster planning and activities;
(f) To consider and recommend the expenditures of moneys appropri-
ated for any of the objects or purposes of this chapter;
(g) To develop a State Disaster Preparedness Plan built around mutual
aid and integrate into such plan the several State departments and agencies
whose resources are necessary in coping with* disasters;
(h) To encourage the development and maintenance of mutual aid plans
and agreements whereunder local agencies may most effectively protect life
and property during periods of emergency;
(i) To evaluate State communications systems with particular regard to
their adequacy in case of disaster.
1514. Nothing herein shall operate to prevent the Coveraor from eslab-
lishing a committee or board composed of heads of State departments or
agencies of the State Government, should lie deem it necessary to aid him or
the Disaster Council or both in obtaining information or advice, assisting in
developing or carrying out plans, or otherwise acting in accomplishment of
the purposes of this chapter.
Article 3. Citizens' Advisory Committees
1520. The Governor may create advisory committees to assist in specific
fields of civilian protection, war services and disaster preparedness. Ile shall
appoint the members thereof and they shall serve at his pleasure. lie shall
also designate the chairman and vice chairman thereof. The committees shall
be under the direction of the Governor or such State department head as he
shall designate, and shall be wholly advisory in character and shall not be
delegated any administrative authority or responsibility. ;Members of such
committees shall not receive compensation from the State for their services
(a)
wider this chapter, but when called into conference or session by the Gov-
ernor or a department, head designated by him shall be reimbursed for their
actual and necessary expenses incurred in conuertion with such conferences
or sessions, m- in lieu thereof, slna.11 receive mileage and ten dollars (,10) per
clay of actual service.
Article 4. Succession of the Governor to Certain Powers and Duties
1530. The Governor is the successor of the State Director of Civilian
Defense. "the State Director of Civilian Protection, the State Director of
Civilian War Services and the Director of the California State War Council.
Whenever any law of this State imposes duties upon or vests ponvers ill the
State Director of Civilian Defense, the State Director of. Civilian I'votection,
the State Director of Civilian War Services or the Director of the State lvar
Council, that duty slut]] be performed or that power exercised b- the Cov-
eruor with the sante force and effect as though the Governor had been specifi-
cally named in such law.
Article 5. Prescribing Duties of Regular State Agencies
1540. 'I'he Governor nut) assign to a. State agency auy activity c011 -
coned with disaster preparedness of a nature related to the existing powers
and duties of such ageucv, and it shall thereupon become the duty of such
agency- to undertake and carry out such activity- on behalf of the State.
1541. Any funds appropriated for the support of the Disaster Council
or for the purposes of this chapter shall be allotted by the Director or Finance
to a State agency- Ifaving duties pursuant to Section 1.540, or allotted to the
Governor, to be expended uuder-his direction in carrying out the objects and
purposes of this chapter. Pxtraordinary- services incurred by local govern-
mental agencies ill executing mutual aid agreeunents shall constitute a legal
charge against the State when approved by the Governor; provided that such
agreennent has received the approv'll of said Disaster Council, m- the previous
approval of the California State lArar Council_
_ --'I'u addiCiou to xnv appropriation made to support activities Contem-
plated by this act. the Governor is empowered to make expenditures from muy
fund legally available in order to deal with disaster or threatened disaster
conditions should they occur.
Article 7. Mutual Aid Regions
1560. The Governor with the advice of the Disaster Council is hereby
authorized and empowered to divide the State into nuttnaI aid regions.
1563. During any state of extreme emergency when the need arises for
outside aid in any county, city and county, or city within the region, Stich
aid shall be rendered in accordance with tine mutual aid plans developed oil
a regional or other basis.
It shall be the out of local public officials to comply nvith such pl:uls.
In periods of local peril or emergency local governmental ageueies have
full power to exercise mutual aid powers in accordance with agreements or
plans therefor.
.1563. fu the development of the regional mutual aid plans provisions
shall be made for the most effective use of Mate personnel and equipment as
a part of such plans and during a state of ex sense emergency tlw-Gocerno•
utay exercise such authority over the use of such equipment and personnel as
lie may see fit or place it under the direction of such State or local officer as he
may determine most appropriate.
1564. The responsible local official in whose ,jurisdiction and incident
requiring mutual aid has occurred shall remain in elnarg'e at suchincident
including the direction of such personnel and equipment provided him
through the operation of such uutual aid plans. -
( 5 )
Article S. Local War or Disaster Councils
1571. Counties, cities and counties, and cities may create disaster coun-
cil by ordinance. A disaster council shall develop a plan for meeting any
condition of extreme peril or any- condition which is specified in Section 1505
as constituting the basis for a declaration of extreme emergency; such plan
shall provide for the effective mobilization of all the resources of the cofn-
nurnity, both public and private. Such ordinance shall provide for the
organization, powers and duties of such officers and committees as in the
opinion of the local legislative body are required.
Counties, cities and counties, and cities may enact ordinances and either
establish rules and regulations or authorize disaster councils to establish rules
and regulations for dealing with local emergencies that can be adequately
dealt with locally; anal further may act to carry out mutual aid on a vol-
untary* basis, and.to this end may enter into agreements. In the absence of
a declaration of a state of extreme emergency, State personnel and equipment
may be employed in accordance with any mutual aid plan or agreement, or
at the direction of the Governor.
Any war, defense or disaster council established by any county, city and
comity, or city, existing as of the effective date of this chapter, and previously
certified as all accredited war, defense or disaster council by the California
State War Council shall, for the purposes of this chapter or any other law of
this State, constitute a disaster council.
Neither this chapter nor anything expressed in it is intended to be or is
to be construed as a denial of the power of such local agencies to establish such
departments pursuant to Article %I, Section 11, of the Constitution.
1572. The emergency power which may be vested in it local public
official during'a period of extreme emergency, duly proclaimed as provided
in this chapter, shall be.subject or subordinate to the powers herein vested
in the Governor when exercised by the Governor.
Article 9. Powers and Duties During a Period of a State of Extreme Emergency
1580. The Governor is hereby empowered to proclaim a state of extreme
emergency in an area or region affected or likely to be affected thereby when:
I. He finds that some or any of the circumstances described in Section
1505 exist; and either
2. He is requested to do so (a) in the case of a city by the mayor or chief
executive, (b) in the case of a county by the chairman of the board of super-
visors; or
3. He finds that local authority is inadequate to cope with the peril.
Such proclamation shall be in writing and shall take effect immediately
upon its issuance. As soon thereafter as possible it shall be filed in the office
of the Secretary of State. The Governor shall cause widespread publicity
and notice to be given of such proclamation.
1581. During a period of a state of extreme emergency the Governor
shall have complete authority over all agencies of the State Government and
the right to exercise within tine area or regions designated all police power
vested in the State by the Constitution and the laws of the State of California,.
in order to effectuate the purposes of this chapter. In exercise thereof lie is
authorized to promulgate, issue and enforce rules, regulations and orders
which he considers necessary for the protection of life and property. Such
rules, regulations and orders shall be in writing and shall take effect upon
their issuance. They shall be filed in the office of the Secretary of State as
soon as possible after their issuance. A copy of such rules, regulations and
orders shall likewise be filed in the office of the county clerk of each cowaty
any portion of which is included within any one of the protective regions
wherein a state of extreme emergency has been proclaimed. Whenever the
period of a state of extreme emergency has been ended by either the expiration
of the period for which it was proclaimed or by proclamation of the Governor
ls>
declaring the period of a state of extreme emergency to be at an end or as pro-
vided in this chapter, the rules, regulations or orders promulgated or issued by
the Governor during such period shall be of no further force and effect.
1584. During the period of a state of extreme emergency, every depart-
ment, commission, agency, board, officer mid employee of the State Covern-
.went and of every political subdivision, county, city and county, city, public
district and public corporation of or in this State is required to comply with
the lawful rules, regulations, and orders of the Governor made or given
within the limits of his authorit.- as provided for herein. Every such officer
or employee who refuses or wil fully neglects to obey such rules, regulations or
orders of. the Governor, or who wilfullc- resists, delays or obstructs the Gov-
ernor in the discharge of any of his functions hereunder, is guilty of a mis-
demeanor. In the event that any such officer or employee shall refuse or wil-
fully neglect to obey any such rules, regulations or orders, the Governor ifuty
by his order temporarily suspend him from the performance of any and all
the rights, obligations and duties of his office for the remainder of the period
of the state 'of extreme emergency, and the Governor may thereupon desig-
nate the person who shall carry on the rights, obligations and duties of the
office for the duration of such suspension. - .
1586. Before payment may be made by the State to any person in reim-
bu rsement for laking or damaging private property necessarily utilized by
the Governor in carrying out his responsibilities under this chapter during
the period of a state of, extreme emergecy, o• for services rendered at the
instance of. the Governor under said conditions, such person must present a
claim to'the State Board of Control in accordance with the provisions of the
Political Code of the State of California governing the presentation of claims
against the State for the taking or damaging of private property for public,
use which provisions shall govern the presentment, allowance or rejection of
such claims and the conditions upon which suit may be brought against the
State. Payment for such property or services shall be made from any funds
appropriated by the S1 ate for such purpose.
1b87. Tn the event that the Governbr, during the state of extreme emer-
gency and in the exercise of the emergency war powers vested in him, shall
order the officers, employees, or agencies of any county, city and county, city
or district to perform duties outside of the territorial limits of their respec-
tive agencies, any services performed or expenditures made in connection
therewith by any such agency, sball be deemed conclusively to be for the
direct protection and benefit of the inhabitants and property of such agency.
During a state of extreme emergency in the event; that any equipment belong-
ing to any county, city and county, city or district, is damaged or destroyed
While being used outside of.the territorial limits of the public agency owning
such equipment, the public agency suffering loss shall be entitled to file a
claim for the amount thereof against the State of California in the manner
provided in Section 1586 of this chapter. Such agency shall have no claim
against the State for services of such personnel or for the rental, use or
ordinary wear and tear of such equipment, except such extraordinary services
incurred by local governmental agencies in executing mutual aid agreements
as provided in Section 1541. X111 of the privileges and immunities from lia-
bility, exemptions from laws, ordinances and rules, all pension, relief, dis-
ability, workmen's compensation,, and otlier benefits which apply to the activ-
ity of lsuch officers, agents or employees of ally such ageacp when performing
their respective functions wilhim the territorial limits of their respective
public agencies, shall apply to them to the same degree and extent while
engaged in the performance of any of their functions and duties extra -
territorially under the provisions of this chapter.
1588. None of the provisions of this chapter shall limit, modify or
abridge the powers vested in the Governor under the Constitution and other
( 7 )
provisions of this code, by proclamation, to declare ally county or city or may
portion thereof to be in a state of insurrection, or to proclaim the existence
of martial lair all(] to exercise all the powers vested in him thereunder inde-
pendent of, or in conjunction with, any of the provisions of this chapter.
1589.(a) Whenever it appears that a state of extreme emergency pro-
claimed by the Governor in necordance with this chapter will continue for.
more than seven days, the Governor shall call a meeting of the Disaster Comf-
cil to commence not later than the expiration of such seven days.
(b) All of the powers of the Governor during a state of extreme emer-
gence proclaimed by him pursuant to this chapter shall terminate with
respect to such state of extreme emergency mrd tiny other emergency related
to or growing out of such emergency when:
(1) The Governor has failed to call a meeting of the Disaster Council
within the period prescribed in subdivision (a) of this section, or
(2) The Governor has not within 30 clays after proclaiming such state
of extreme emergency convened the Legislature for the purpose of legislating
on subjects relating to such state of extreme emergency, except when the Leg-
islature is already convened with power to legislate on such subjects.
Article 10. Responsibilities and Immunities of Volunteers
1591. (a) Volunteers duly enrolled or registered with any war, defense,
or disaster council of any public agency, in carrying out, complying with, or
attenupting.to comply with, any order, rule or regulation issued or prmnul-
gated pursuant to the provisions of this chapter or any local ordinance, or
performing any of their authorized functions or duties or training'for the
performance of their authorized functions or duties, shall have the same
degree.of responsibility for their actions and enjoy the same immunities as
officers and employees of counties or cities performing similar work for their
respective entities.
(b) No political subdivision, municipal corporation or other public
agency under any circumstances, nor the officers, employees, agents, or truly
enrolled or registered volunteer thereof acting within the seojue of their
official duties under this chapter or tiny local ordinance shall be liable for
personal injury or property damage sustained by any tidy enrolled or reg-
istered volunteer engaged in or training for disaster preparedness or relief
activity. The foregoing shall not affect the right of any such person to
receive benefits or compensation which may be specifically provided by the
provisions of. any Federal or State statute nor shall it affect the right of any
person to recover under the terms of any policy of insurance.
Article 11. Penalties and Severability
1600. Any person who violates any of the provisions of this chapter or
who refuses or wilfully neglects to obey ally lawful rude, regulation or order
promulgated or issued as provided in this chapter shall be guilty of it mis-
demeanor, and upon conviction thereof shall be punishable by it fine of not
to exceed five bunched dollars ($500) or by imprisonment for not to exceed
six months, or by both such fine and imprisonment.
1601. if any provision of this chapter, or the application thereof, to
all person or circumstance, is held invalid, the remainder of tine chapter, or
the application of such provision to other persons or circumstances, shall not
be affected thereby.
\nTt:.-17hn ppa 1024 of thr Stalutrs of 1419 nlm) includes the following;.; '
She. til. All mutual aid agreements which are in effect at the time this
act becomes effective are continued in effect until modified by the parties
thereto.
16521 7-15 2500
I'Mae A. Hynes, City Clerk of the City of Azusa,
Los Angeles County, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by
the City Council of the City of Azusa at a regular meeting
of said City Council held in the regular council chambers
of said City Council in said City on August 2o , 1945,
and that the same was passed and adopted by the following
vote of Council:
AYES: Councilmen: Owens, Jumper, Memmesheimer,
?4orden, Lamm.
NOES: Councilmen: None.
ABSENT: Councilmen: None.
'�;� 1�2 y
Mae A. Hyne
City Clerk of the City of Azusa