CC 11-17-2020 Item No. 18 Proposed amendments to Chapter 2.40 Disaster Council, Emergency Management Program_Staff PresentationNovember 17, 2020Amendments to Municipal Code Chapter 2.40 Disaster Council/Emergency Management ProgramCC 11-17-2020 Item No. 18
Background●Public Safety Commission unanimously recommended the amendments on October 8, 2020*●Disaster Council unanimously recommended the amendments on October 29, 2020●Public Safety Commission unanimously recommended the amendments on October 8, 2020*●Disaster Council unanimously recommended the amendments on October 29, 2020
Recommended Changes●Provide guidance for emergencymanagement activities●Uses National Standards and BestPractices●Minor updates were also made forpronoun usage and formattingwithout material change●Provide guidance for emergencymanagement activities●Uses National Standards and BestPractices●Minor updates were also made forpronoun usage and formattingwithout material change
Recommended ChangesChange Reason Jurisdictional ExamplesTitle of Chapter changed from Disaster Council to Emergency Management ProgramThe 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
Recommended ChangesChange Reason Jurisdictional ExamplesRenamed 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
Recommended ChangesRecommended ChangesChange Reason Jurisdictional ExamplesChanged designated chair from Mayor to City Manager; changed designated vice chair from City Manager to MayorAs 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 ‐Los Altos Hills ‐Hermosa Beach, CA
Recommended ChangesRecommended ChangesChange Reason Jurisdictional ExamplesClarified voting members as follows:‐Chair‐Vice Chair‐Department HeadsThis 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. While many cities refer to section chiefs, the individuals filling section chief roles often rotate. These roles are often initially assumed by department heads.
Recommended ChangesRecommended ChangesChange Reason Jurisdictional ExamplesAdded 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 ‐California Code of Regulations
Recommended ChangesRecommended ChangesChangeReason Jurisdictional ExamplesClarified Powers and Duties of Disaster Council:‐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 agreementsUpdated for clarity and to meet requirements of the Emergency Management Accreditation Program Standard.‐City of Saratoga
Recommended ChangesRecommended ChangesChangeReason Jurisdictional ExamplesClarified the penalties to violations of Chapter 2.40 to include administrative citations as well as misdemeanor penalties.Updated to facilitate appropriate penalty and efficient enforcement of emergency orders under Chapter 2.40. The administrative enforcement mechanism authorized by this Chapter compliments and does not displace existing civil and criminal enforcement.‐County of Santa Clara Ordinance No. NS‐9.291
Recommended ActionRecommended ActionConduct the first reading of 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).”