Item 04 Staff Report
PUBLIC SAFETY COMMISION
Meeting: October 8, 2020
Subject
Proposed amendments to Chapter 2.40 (Disaster Council) of the Cupertino Municipal Code
Recommended Action
Receive presentation on proposed amendments to Chapter 2.40 (Disaster
Council) of the Cupertino Municipal Code, provide any input, and make a
recommendation to City Council.
Background
The emergency management program includes the preparation and carrying out of plans for
the protection of persons and property within this City in the event of an emergency, the
direction of the emergency organization, and the coordination of the emergency functions of
this City with all other public agencies, corporations, organizations, and affected private
persons. All City departments and partner agencies constitute the emergency management
program, which is facilitated by the Office of Emergency Services, which is being proposed to
be changed to “Office of Emergency Management.”
The purpose of the Disaster Council is to provide input and guidance to the emergency
management program and facilitates input by stakeholders in the preparation, implementation,
and evaluation of the program. The Disaster Council also provides oversight for the California
State Disaster Service Worker Volunteer Program (DSWVP) through the Citizen Corps
organization.
Discussion
Updates to Chapter 2.40 of the Municipal Code have been developed to provide clear and
effective guidance for emergency management activities. The Emergency Management
Accreditation Program (EMAP), the California Office of Emergency Services, and best practices
from other jurisdictions have been used to identify recommended changes. Minor updates
were also made for pronoun usage, formatting, and clarity for current terminology without
material change.
The substantive recommended changes are summarized as follows:
Change Reason Jurisdictional Examples
Title of Chapter changed from Disaster
Council to Emergency Management Program
The scope of the ordinance covers the Emergency
Management Program of which the Disaster
Council is a component.
- County of Santa Clara
- City of San Jose
Renamed the “Office of Emergency
Services” to the “Office of Emergency
Management”
The name “Office of Emergency Management”
better describes the management and coordination
responsibility of the organization rather than direct
emergency service provision such as law
enforcement and fire services.
- County of Santa Clara
- City of San Jose
Changed designated chair from Mayor to
City Manager; changed designated vice
chair from City Manager to Mayor
As the Mayor’s term is only one year and to keep
consistency in the Disaster Council, it is
recommended to have the City Manager as Chair
and the Mayor as Vice Chair.
- Los Altos Section 2.28.050
- Los Altos Hills Section 4-1.06
- Hermosa Beach, CA Section 2.56.030
Clarified voting members as follows:
- Chair
- Vice Chair
- Department Heads
- Such representatives of civic, business,
labor, veterans, professional, or other
organizations having an official
emergency responsibility, as may be
appointed by the chair with the advice
and consent of the governing body to
advise the voting members
This modification more clearly defines those
members that have voting power in the Disaster
Council and that other members may be
appointed to advise the voting members.
Added a statement that Disaster Council shall
comply with the California Emergency
Services Act.
This statement is required for the Emergency
Management Program to follow the California
Emergency Services Act.
- California Emergency Services Act
(Chapter 7 of Division 1 of Title 2 of the
Government Code)
- California Code of Regulations, Title 19,
Division 2, Chapter 2, Subchapter 3, §2571
Clarified Powers and Duties of Disaster
Council and the Director of Emergency
Services:
- Clarified that meeting frequency is at the
discretion of the chair but not less than once a
year
-Broadened the description of the Disaster
Service Worker Volunteer program
-Removed redundant wording and clarified
the advisory role in development of plans
and agreements
Updated for clarity and to meet requirements of
the Emergency Management Accreditation
Program Standard1.
- City of Saratoga Section 6-05.050
1 Emergency Management Accreditation Program, “The ANSI/EMAP 5-2019 Emergency Management Standard by EMAP.” 2019.
https://emap.org/index.php/what-is-emap/the-emergency-management-standard
The proposed amendments are expected to go before the City Council in November 2020.
Sustainability Impact
None anticipated.
Fiscal Impact
None anticipated.
Prepared by: Tom Chin, Emergency Services Coordinator
Approved for Submission by: Katy Nomura, Assistant to the City Manager
Attachments: