CC Ordinance No. 15-2129 Amending sections of Chapter 2.40 of Title 2 relating to the Membership and role of the Disaster Council and for other clarification ORDINANCE NO. 15-2129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTIONS OF CHAPTER 2.40 OF TITLE 2 OF THE CUPERTINO
MUNICIPAL CODE RELATING TO THE MEMBERSHIP AND ROLE OF THE
DISASTER COUNCIL AND FOR OTHER CLARIFICATION
WHEREAS, this Ordinance was determined to be not a project under provisions.
and requirements of the California Environmental Quality Act of 1970, together with
related State CEQA Guidelines (collectively, "CEQA"), in that the amendments to the
Code are changes to administrative policies which do not involve a direct or reasonably
foreseeable indirect impact on the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body
for this Ordinance; and
WHEREAS, the City Council has reviewed and considered the "not a project"
determination under CEQA prior to taking any approval actions on this Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.40.020 of Chapter 2.40 of Title 2 of the Cupertino Municipal Code
is hereby amended to read as follows:
2.40.020 Definitions. -
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, conditions resulting from war or imminent threat of
war, air pollution, fire, flood, storm, epidemic, or riot, 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.
SECTION 2. Section 2.40.025 of Chapter 2.40 of Title 2 of the Cupertino Municipal Code
is hereby amended to read as follows:
2.40.025 Disaster Council.
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Page 2
Pursuant to California Government Code section 8610, the Cupertino Disaster Council,
shall have the following members:
A. The Mayor, or his/her designee, shall be chair.
B. The City Manager, or his/her designee, shall be vice chair.
C. The Section Chiefs (City Department Heads or their designee) of Emergency
Services as are provided for in a current emergency plan of this jurisdiction,
adopted pursuant to this ordinance.
D. 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 which includes a.
representative from the following:
• Community Emergency Response Team (CERT)
• Medical Reserve Corps (MRC)
• Cupertino Amateur Radio Emergency Services (CARES)
• Public Safety Commission
• Police
• Fire
• Three to Five Business Members
SECTION 3. Section 2.40.040 of Chapter 2.40 of Title 2 of the Cupertino Municipal Code
is hereby amended to read as follows:
2.40.040 Powers and Duties.
The Disaster 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 (SEMS) as defined in the California Code of Regulations, Title 19,
Division 2, Sections 2400—2450.
The Disaster Council will provide guidance to develop disaster exercises and
community action plan, 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 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.
Ordinance No. 15-2129
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Citizen Corps programs overseen by the Disaster Council may include one or more of
the following six program components administered by federal agencies: Community
Emergency Response Team (CERT); Neighborhood Watch Program; Medical Reserve
Corps (MRC); Volunteers in Police Service,(VIPS); Operation Terrorist Information and
Prevention System (TIPS) and Cupertino Amateur Radio Emergency Services (CARES).
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 shall provide for the registration of Disaster Service Workers
(DSWs) within Cupertino and is thus because of such registration act as an
instrumentality of the 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 California Government Code Section 8585.5.
SECTION 4. Section 2.40.045, of Chapter 2.40 ,of Title 2 of the Cupertino Municipal
Code is hereby repealed.
SECTION 5. Section 2.40.050 of Chapter 2.40 of Title 2 of the Cupertino Municipal Code
is hereby amended to read as follows:
2.40.050 Director of Emergency Services Designated.
The City Manager or his/her designee is designated the Director of Emergency Services
for the purposes of disaster management under the Standardized Management System.
SECTION•6. Section 2.40.060 of Chapter 2.40 of Title 2 of the Cupertino Municipal Code
is hereby amended to read as follows:
2.40.060 Director of Emergency Services—Powers and Duties.
The Director is empowered to:
A. Request the City Council to proclaim the existence or threatened existence of a
"local emergency" if the City Council is in session, or to issue such proclamation
if the City Council is not in session. Whenever a local emergency is proclaimed
by the Director, the City Council shall take action to ratify the proclamation
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Page 4
within seven days thereafter or the proclamation shall have no further force or
effect;
B. Request the Governor to proclaim a "state of emergency" when, in the opinion of
the Director, the locally available resources are inadequate to cope with the
emergency;
C. Develop. emergency plans with the assistance of emergency service chiefs for
consideration by the Disaster Council and manage the emergency programs of
this City;
D. Control and direct the effort of the emergency organization for this City for the
accomplishment of the purposes of this chapter;
E: Direct cooperation between and coordination of services and staff of the
emergency organization of this City; and resolve questions of authority and
responsibility that may arise between them;
F. Represent this City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein;
G. 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 empowered to:
L Make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; 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 properties found lacking
and needed for the protection of life and property and to 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, in the event
of the proclamation of a "state of emergency" in the Santa Clara County
Operational Area 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
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execution of his duties; such persons shall be entitled to all privileges,
benefits, and immunities as are provided by State law for registered disaster
services workers,
4. Requisition necessary personnel or material of any City department or agency,
and
5. Execute all his ordinary power as City Manager, all of the special powers
conferred upon him by this chapter or by resolution or emergency plan
pursuant hereto adopted by the City Council, all powers conferred upon him
by any statute, by an agreement approved by the City Council, and by any
other lawful authority.
SECTION 7. Section 2.40.070 of Chapter 2.40 of Title 2 of the Cupertino Municipal Code
is hereby amended to read as follows:
2.40.070 Emergency Organization-Membership.
All officers and employees of this City, together with Citizen Corps, programs and
volunteers and other volunteer forces enrolled to aid them during an emergency, and
stakeholders, all groups, organizations, and persons who- may by agreement or
operation of law, including persons impressed into service under the provisions of
Section 2.40.060 (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.
SECTION 8. Effective Date.
This ordinance shall become effective thirty (30) days from and after its adoption.
SECTION 9. Severability.
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be
severable.
SECTION 10. Clerk's duties.
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The City Clerk shall certify the adoption of this Ordinance and shall give notice of its
adoption as required by law. Pursuant to Government Code Section 36933, a summary
of this Ordinance may be published and posted in lieu of publication and posting of the
entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 7th
day of April, 2015, and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 21s' day of April 2015 by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Sinks, Chang, Paul, Vaidhyanathan, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, 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. 15-2129, which was
enacted on April 21, 2015, 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 22nd day of April 2015.
6 c�J �-
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California