CC Ordinance No. 20-2216 Amending Cupertino Municipal Code Chapter 2.40 (Concerning the Disaster Council and the Emergency Management Program) ORDINANCE NO. 20-2216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CUPERTINO MUNICIPAL CODE CHAPTER 2.40 (CONCERNING
THE DISASTER COUNCIL AND THE EMERGENCY MANAGEMENT PROGRAM)
The City Council of the City of Cupertino finds that:
1. The purpose of Chapter 2.40 of the Municipal Code is to provide clear and effective
guidance for emergency management activities including the Disaster Service Worker
Volunteer Program.
2. This ordinance makes revisions to Chapter 2.40 to reflect emergency management
industry best practices, clarifies the role and membership of the Disaster Council, and
addresses requirements specified in the California Emergency Services Act.
3. This ordinance clarifies the penalty for violations of Chapter 2.40 can include
administrative citations or misdemeanor penalties to facilitate appropriate and efficient
enforcement of emergency orders.
4. The City Council of the City of Cupertino held a duly noticed public hearing on November
17,2020,and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
NOW,THEREFORE,THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1.Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Exhibit A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section,paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section,paragraph, sub-paragraph,sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance,be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
Ordinance No.20-2216
Page 2
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental OualityAct.
This Ordinance is not a project under the requirements of the California Quality Act of
1970, together with related State CEQA Guidelines (collectively, "CEQA")because ithas
no potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on the
environment. CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there isno
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA.In this circumstance,the amendments to the City Code
would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text.The City
Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
Ordinance No. 20-2216
Page 3
INTRODUCED at a regular meeting of the Cupertino City Council on
November 17, 2020 and ENACTED at a regular meeting of the Cupertino City Council
on December 1, 2020 by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao,Sinks,Willey
NOES: None
ABSENT: None
ABSTAIN: None
a
SIGNED:
Darcy Paul, yor Date
Cityof Cu ertm
ATTEST:
Kirsten Squarcia, i Clerk Date
APPROVED AS TO FORM:
Feb 11, 2021
Heather Minner, City Attorney Date
Exhibit A-Chapter 2.40 Disaster Council
I
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (exam le
and text to be deleted is shown in strikethrough (example). Text in existing provisions
is not amended or readopted by this Ordinance. Text in italics is explanatory and is not
an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code,
the new section is shown in plain text.
1. Title of Chapter Change from Disaster Council to Emergency Management Program
CHAPTER 2.40: PISASTER COUNCIL EMERGENCY MANAGEMENT PROGRAM
Section
2.40.010 Purposes.
2.40.020 Definition.
2.40.025 Disaster Council.
2.40.030 Reserved Compliance with California Emergency Services Act.
2.40.040 Powers and duties.
2.40.050 Director of Emergency Services-Designated.
2.40.060 Director of Emergency Services-Powers and duties.
2.40.070 Emergency organization-Membership.
2.40.080 Emergency organization-Structure, duties and functions.
2.40.090 Mutual aid.
2.40.100 Expenditures.
2.40.110 Violation-Penalty.
* For the constitutional provision that states that any city may make and enforce
within its limits all such local police, sanitary and other regulations as are not in conflict
with general laws, see Calif. Const. Art. 11 § 11; for statutory provisions regarding the
establishment and powers of local war or disaster councils, see Gov. Code§8610 et seq.
--See Title 9, Health and Sanitation.
Z. Purpose of Emergency Management Program
2.40.010 Purposes.
The declared purposes of this chapter are to provide for the design of the citvwide
emergency anagement program for the City of Cupertino.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.
3. Disaster Council Membership
2.40.25 Disaster Council.
Pursuant to California Government Code section 8610, the Cupertino Disaster
Council, shall have the following vow* members:
A. The for City Manager, or his{her their designee, shall be chair.
B. The City r a age-F Mom, or his/he their designee, shall be vice chair.
C. The c,,,,,-; r Chiefs 4City Department Heads or their designee` E)f P•mcrger=,
#,-eq f1,•l; Ara r
P In addition to its voting members,the Disaster Council shall include sSuch
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.
- . Cammu+kity EmergeneyResponse Team
3Cupertino Amateur Radio Emergerey Se v_ees (CARES).
nES)
�—P1;
orrr- ce-
Fire.
4. Compliance with California Emergency Services Act
2.40.030 ResefveEl Compliance with California Emergency Services Act.
The City of Cupertino Disaster Council shall comply with the California Emer gncv
Services Act.
5. Powers and Duties of the Disaster Council
2.40.40 Disaster Council Powers and Duties.
The Disaster Council shall have the following duties powers and responsibilities
and such other as they be entrusted with by the City Council from time to time.•
1. Meet at the discretion of the Chair,but no less than annually.
2. T- r, + ,C 1 14as the fluty and i „to develop .,,„l Advise on and
Rrecommend for adoption emergency plans and mutual aid agreements based on
the Standardized Emergency Management System (SEMS) as defused in the
California Code of Regulations, Title 19, Division 2, Sections 2400 -2450.
3 The r, t •r'^,,,,ei Nviv—pProvide guidance to develop disaster exercises
unity +i^„ plan, support-6tii�ei:i.community 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.
4. The r,isaste„C^„r ,l p.Provides oversight for engaging ^'teens community
members 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.
5. Citizen l +l Pisaster-( 1 may 1 ,a -
— r r o J
er-
more of the followingcomponents administered r,
r oM ,ti,i., s Jv
Cammtini+ Emer-geney Response Te /CE T\. N l,b. l !l WatEh P„^,r,,. fR;
( ); r
(CARES).
that will mar-e e4eeti-vely utilize the time, talents and iiater-ests of Valmanteers in
+ f fi + �,rl. and all i t r rl,�
a..v� Y F',-.ter„
r r nl ^ � i
The P +er-C 7 shall pr-evde for-the „ stfati^ f P JUJ� r-Sej,riee er-k n
+ lA1
- 1.
+ + l•+, f+h Cit aid of the l.. general+ f t r"1^ r+mil
J �/
ftiRetiens and
of t4e N r �»
1 J � v i ..
Provide oversight responsibility for the California State Disaster Service Worker
Volunteer Program (DSWVP) The City Office of Emergency Manage
manages the DSWVP through its Citizen Corps organization as established by
the California Emergency Council pursuant to the provisions of California
Government Code Section 8585.5.
6. Director of EmeMency Services Designated
2.40.050 Director of Emergency Services—Designated.
The City Manager or'�;�their designee is designated the Director of Emergency
Services for the purposes of disaster management under the Standardized Management
System.
Z Director o Emergency Services Powers and Duties
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
I
"local emergency"if the City Council is in session, or to issue such proclamation if the i
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 within sevendays
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
I
Director, the locally available resources are inadequate to cope with the emergency;
I
C. Develop emergency plans with the assistance of the emergency ser-v ee l4e fs
organization 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 forthe
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 thatmay
arise between them;
F. Represent this City in all dealings with public or private agencies onmatters
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:
1. 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 the Director deems necessary in the execution of his their duties;
such persons shall be entitled to all privileges,benefits, and immunities as areprovided
by State law for registered disaster services workers;
4. Requisition necessary personnel or material of any City department or agency;and
5. Execute all leis their ordinary power as City Manager, all of the special powers
conferred upon hi�them by this chapter or by resolution or emergency plan pursuant I
hereto adopted by the City Council, all powers conferred upon 14m them by any
statute,by an agreement approved by the City Council, and by any other lawful
authority.
8. Emergency Organization Structure, Duties, and Functions
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 Operations 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.
9. Violation -Penaltu
2.40.110 Violation—Penalty.
It shall be a a ;.,i,ab ., „de i r��,.,. to f 4.12 e f��„ ,,,,a
1 ^ , y
violation of this Chanter for any person during an emergency to:
A. Wilfa4ly Willfully obstruct,hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued pursuant to this
chapter, or in the performance of any duty imposed upon 14m them by virtue of this
chapter;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this
chapter,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 inhabitants of this City,or to prevent,
hinder, or delay the defense or protection thereof;
C. Wear, carry, or display without authority any means of identification specified by
the emergency agency of the state.
The City may address violations of this Chapter by issuing administrative citations,
fines and penalties as set forth in Chapter 1.10 of this Code Alternatively,the Citv
may prosecute any violation of this Chapter as a misdemeanor, punishable as
provided in Chapter 1.12 of this Code Law enforcement officers of the Santa Tara
Countv Sheriff's Office are authorized to enforce this Chapter
I
I
I
i
I
I
I
i
i
i
i
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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. 20-2216 which was enacted
on December 1, 2020, and that it has been published or posted pursuant to
law (G.C. 40806).
13t11IN WITNESS WHEREOF, I have hereunto set my hand and seal this
tq day of 2021.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance 20-2216 Chapter 2.40 Muni Code
Amendment (Disaster Council and Emergency
Management Program)
Final Audit Report 2021-02-11
Created: 2021-02-11
By: Cyrah Caburian(cyrahc@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAMab_JLLT59BeIF_nRgJJjsIWN4X8Bvpj
"Ordinance 20-2216 Chapter 2.40 Muni Code Amendment (Disc
ster Council and Emergency Management Program)" History
fj Document created by Cyrah Caburian (cyrahc@cupertino.org)
2021-02-11-5:06:26 PM GMT-IP address:64.165.34.3
Document emailed to Araceli Alejandre (aracelia@cupertino.org)for approval
2021-02-11 -5:11:54 PM GMT
d Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date:2021-02-11 -5:22:53 PM GMT-Time Source:server-IP address:73.170.27.253
. Document emailed to Heather M. Minner(minner@smwlaw.com)for signature
2021-02-11-5:22:55 PM GMT
Email viewed by Heather M. Minner(minner@smwlaw.com)
2021-02-11-6:18:40 PM GMT-IP address:45.41.142.205
da Document e-signed by Heather M. Minner(minner@smwlaw.com)
Signature Date:2021-02-11-6:19:00 PM GMT-Time Source:server-IP address:52.39.49.65
0 Agreement completed.
2021-02-11-6:19:00 PM GMT
PDbVERED B'I
Adobe Sign
tureRrir+o