CC Ordinance No. 1912ORDINANCE NO. 1912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 2.40 OF THE CUPERTINO MUNICIPAL CODE REGARDING
THE DISASTER COUNCIL
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
the following sections of the Cupertino Municipal Code shall be amended and added to read as
follows:
Section 2.40.020 is hereby amended to read as follows:
2.40.020 Definition
As used in this chapter, "emergency" means the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons, property and the environment within this
City caused by, but not limited to, earthquakes, technological, natural and manmade disasters,
including conditions resulting from war, but other than conditions resulting from a labor
controversy, which conditions are or are likely to be, beyond the control of the services,
personnel, equipment and facilities of this City, requiring the combined forces of other political
subdivisions to combat. (Ord 1697 (part), 1995: Ord. 475 2, 1971)
Section 2.40.025 is hereby added:
2.40.25 Disaster Council /Citizen Corps Council -Created
Pursuant to California Government Code section 8610, there is created the Cupertino Disaster
Council, which shall also function as the Cupertino Citizen Corps Council.
Section 2.40.030 is hereby amended to read as follows:
2.40.30 Membership
The Cupertino Disaster Council /Citizen Corps Council shall consist of selected representatives
of the City's Emergency Organization as defined in section 2.40.070 of this chapter. The Mayor,
or designee, shall serve as Chairperson and the Emergency Services Coordinator, or designee, as
Vice-Chairperson of the Disaster Council /Citizen Corps Council and shall make
recommendations for representatives from the Emergency
Ordinance No. 1912
2
Organization. (Ord. 1697 (part), 1995: Ord. 1475, 1988: Ord. 475 (s) 1, 1971: Ord. 475 3,
1971)
Section 2.40.040 is hereby amended to read as follows:
2.40.40 Powers and duties
The Disaster Council /Citizen Corps Council has the duty and power to develop and recommend
for adoption emergency plans and mutual aid agreements based on the Standardized Emergency
Management System (BEMs) as defined in the California Code of Regulations, Title 19,
Division 2, Sections 2400-2450.
The Disaster Council /Citizen Corps Council will provide guidance to develop disaster exercises
and community action plans, support citizen participation, assist with threat assessments, identify
local resources and facilitate multi-agency /inter-agency coordination within its membership and
other local governments and special districts. The Disaster Council /Citizen Corps Council
provides oversight for engaging citizens in homeland security, emergency planning and response
and promoting community preparedness and family safety in three principal ways; through public
education and outreach; through training opportunities; and, through volunteer programs that
draw on special skills and interests.
Citizen Corps programs overseen by the Disaster Council /Citizen Corps Council may include
one or more of five program components administered by federal agencies: Community
Emergency Response Team (CERT); Neighborhood Watch Program; Medical Reserve Corps
(MRC); Volunteers in Police Service (NIPS); and Operation TIPS (Terrorist Information and
Prevention System).
These volunteer efforts will be integrated into a strategic, comprehensive approach that will more
effectively utilize the time, talents and interests of volunteers in support of first responders and
overall community preparedness.
The Disaster Council /Citizen Corps Council shall provide for the registration of Disaster
Service Workers (DSWs) within Cupertino and, because of such registration act as an
instrumentality ofthe City in aid of the carrying out of the general governmental functions and
policy of the City. It agrees to comply with the rules and regulations governing Disaster Service
Workers (DSWs) as established by the California Emergency Council pursuant to the provisions
of Section 8580 of the California Emergency Services Act. (Ord. 1697 (part), 1995: Ord. 475 4,
1971)
Section 2.40.045 is hereby added:
2.40.45 Office of Emergency Services -Created
There is in the City an Office of Emergency Services which shall provide assistance to the
Emergency Organization with its comprehensive emergency management program including
Ordinance No. 1912
preparation, response, recovery and mitigation. The Emergency Services Coordinator shall act as
advisor to the Emergency Organization during disasters.
Section 2.40.050 is hereby amended to read as follows:
2.40.50 Director of Emergency Services -Designated
The City Manager is designated the Director of Emergency Services for the purposes of disaster
management under the Standardized Emergency Management System. (Ord. 1697 (part), 1995:
Ord. 475 5, 1971)
Section 2.40.070 is hereby amended to read as follows:
2.40.70 Emergency Organization -Membership.
All officers and employees of this City, together with Citizen Corps, Cupertino Amateur Radio
Emergency Service (CARES) and other volunteer forces enrolled to aid them during an
emergency, and all stakeholders, groups, organizations and persons who may by agreement or
operation of law, including persons impressed into service under the provisions of Section
2.40.60 (G) (3) of this chapter, be charged with duties incident to the protection of life property
and the environment in this City during such emergency, shall constitute the emergency
organization of the City. (Ord. 475 8, 1971)
Section 2.40.080 is hereby amended to read as follows:
2.40.080 Emergency Organization -Structure, duties and functions
The City Emergency Organization functions under the Standardized Emergency Management
System. Representatives of the Emergency Organization have specific duties and responsibilities
to train, plan for and participate in the City's emergency management response, as assigned by
the Director of Emergency Services. These responsibilities are outlined in the Cupertino
Emergency Plan.
The structure, duties and functions of the emergency organization and the order of emergency
succession to the position of Director of Emergency Services, shall be adopted by resolution of
the City Council. (Ord. 475 8, 1971)
Ordinance No. 1912
The City Clerk shall cause the title of this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government code § 36933, shall certify to the adoption of this ordinance and shall
cause this ordinance and her certification, together with proof of publication, to be entered in the
Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 18th day of
February 2003 and ENACTED at a regular meeting of the City Council of the City of Cupertino
the 4th day of March 2003, by the following vote:
Vote:
Members of the City Council
Ayes: Chang, James, Kwok, Sandoval, Lowenthal
Noes: None
Absent: None
Abstain: None
ATTEST:
City Clerk
OVED:
Mayor, City-of ~".upertino-- -
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 1912, which was enacted on
March 4, 2003 and that it has been published or posted pursuant to law (G.C.
40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
5th day of March 2003.
KIMBERLY SMIil~H~ City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate