Cupertino Municipal Code Ch. 2.40 Emergency Management Program\

* 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.

The declared purposes of this chapter are to provide for the design of the citywide emergency management 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.

(Ord. 20-2216, § 2, 2020; Ord. 475, § 1, 1971)

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.

(Ord. 15-2129, § 1, 2015; Ord. 1912, (part), 2003; Ord. 1697, (part), 1995; Ord. 475, § 2, 1971)

Pursuant to California Government Code section 8610, the Cupertino Disaster Council, shall have the following voting members:

A. The City Manager, or their designee, shall be chair.

B. The Mayor, or their designee, shall be vice chair.

C. The City Department Heads or their designee.

In addition to its voting members, the Disaster Council shall include 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.

(Ord. 20-2216, § 3, 2020; Ord. 15-2129, § 2, 2015; Ord. 1912, (part), 2003)

The City of Cupertino Disaster Council shall comply with the California Emergency Services Act.

(Ord. 20-2216, § 4, 2020)

The Disaster Council shall have the following duties, powers and responsibilities, and such other as they may 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. Advise on 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.

3. Provide guidance to develop disaster exercises, support 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. Provides oversight for engaging 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. Provide oversight responsibility for the California State Disaster Service Worker Volunteer Program (DSWVP). The City Office of Emergency Management 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.

(Ord. 20-2216, § 5, 2020; Ord. 15-2129, § 3, 2015; Ord. 1912, (part), 2003; Ord. 1697 (part), 1995; Ord. 475, § 4, 1971)

The City Manager or their designee is designated the Director of Emergency Services for the purposes of disaster management under the Standardized Management System.

(Ord. 20-2216, § 6, 2020; Ord. 15-2129, § 5, 2015; Ord. 1912, (part), 2003; Ord. 1697, (part), 1995; Ord. 475, § 5, 1971)

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 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 the emergency 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 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:

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 the Director deems necessary in the execution of their 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 their ordinary power as City Manager, all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon them by any statute, by an agreement approved by the City Council, and by any other lawful authority.

(Ord. 20-2216, § 7, 2020; Ord. 15-2129, § 6, 2015; Ord. 1697, (part), 1995; Ord. 475, § 6, 1971)

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.

(Ord. 15-2129, § 7, 2015; Ord. 1912, (part), 2003; Ord. 475, § 7, 1971)

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.

(Ord. 20-2216, § 8, 2020; Ord. 1912, (part), 2003; Ord. 475, § 8, 1971)

It is the purpose of the City Council in enacting the ordinance codified herein to facilitate the rendering of mutual aid to and for the people of this City. Emergency plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the Santa Clara County Operational Area.

(Ord. 1697, (part), 1995; Ord. 475, § 9, 1971)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

(Ord. 475, § 10, 1971)

It shall be a violation of this Chapter for any person during an emergency to:

A. 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 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 City 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 Clara County Sheriff's Office are authorized to enforce this Chapter.

(Ord. 20-2216, § 9, 2020; Ord. 475, § 11, 1971)