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HomeMy WebLinkAboutStaff Report 302-06City of Palo Alto C ty Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: CITY MANAGER’S OFFICE AUGUST 7, 2006 CMR: 302:06 ADOPTION OF PROCEDURE FOR APPOINTMENT AND DUTIES OF EMERGENCY STANDBY COUNCIL MEMBERS, ADOPTION OF ORDINANCE AMENDING TITLE 2,~ CHAPTER 2.12, SECTION 2.12.090 OF THE PALO ALTO MUNICIPAL CODE RELATING TO THE APPOINTMENT AND DUTIES OF THE EMERGENCY STANDBY COUNCIL MEMBERS RECOMMENDATION The Policy and Services Committee recommends that the Council adopt a new Emergency Standby Council Policy and an amendment of Palo Alto Municipal Code Chapter 2.12.090 regarding the Emergency Standby Council. COMMITTEE REVIEW AND RECOMMENDATIONS On June 14, 2005, the Policy and Services Committee provided direction to staff as to how to appoint and reaffirm membership in the Emergency Standby Council on an annual basis. The Committee asked staff to return with a policy and procedure. On July 12, 2005, the Committee reviewed the proposed policy and directed staff to refine it. On November 22, 2005, the Policy and Services Committee voted 4-0 to accept the recommendations regarding appointment and duties of the Emergency Standby Council Members. The Committee made a number of suggestions which were included in the proposed policy and ordinance. On April 26, 2006, the City Attorney presented the draft policy and ordinance to the Policy and Services Committee for final review, revision and approval before forwarding the ordinance and policy to the City Council for adoption. The Committee unanimously approved the policy and ordinance with some minor changes, which have been incorporated into the final draft. CMR:302:06 Page 1 of 2 RESOURCE IMPACT Implementation of this recommendation would have a limited impact with regard to conducting annual training for the Emergency Standby Council. POLICY IMPLICATIONS This recommendation is consistent with existing City policies. ATTACHMENTS Attachment 1: Ordinance of the Council of the City of Palo Alto amending Title 2 (Administrative Code), Chapter 2.12 (Emergency Organization and Functions), Section 2.12.090 (Continuity of Government in the Event of a Disaster) of the Palo Alto Municipal Code relating to the appointment and duties of Emergency Standby Council Members. 2. Attachment 2: Policy for Emergency Standby Council. Prepared by: Chris Mogense~,-~ssistant to the City Manager Emily Harrison, Assistant City Manager CMR:302:06 Page 2 of 2 Attachment 1 ***NOT YET APPROVED*** ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 2 (ADMINISTRATIVE CODE), CHAPTER 2.12 (EMERGENCY ORGANIZATION AND FUNCTIONS),SECTION 2.12.090 (CONTINUITY OF GOVERNMENT IN THE EVENT OF A DISASTER)OF THE PALO ALTO MUNICIPAL CODE RELATING TO THE APPOINTMENT AND DUTIES OF EMERGENCY STANDBY cOUNCIL MEMBERS The Council o2 the City of Palo Alto does ORDAIN as follows: SECTION i. The Council hereby finds as follows: (a) Article III, Section 23 of the Charter of the City of Palo Alto provides that "The council may.by ordinance or resolution, provide for the preservation and continuation of government in the event of disaster which renders unavailable a majority of the council." (b) Section 2.12.090 bf the Palo Alto Municipal Code presently implements the City Charter provision referenced above by providing for appointment of emergency standby council members equal in number to the authorized membership of the Council. (c) The Council determines that the manner of appointment of. emergency standby council members and the designation of their duties should be specified by amendment to Section 2.12.090. SECTION 2. Section 2.12.090 [Continuity of government in the event of disaster] of Chapter 2.12 [Emergency Organization and Functions], of Title 2 [Administrative Code] of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: "(a) At the second council meeting in January each year or as soon thereafter as may be practicable, the City Council shali select seven (7) emergency standby council members. Emergency standby council members shall be selected from former members of the City Council who agree to serve in that capacity during that year and to reside within the City of Palo Alto during that year so long as they elect to participate as members of the emergency standby council. A member of the emergency standby council shall serve in that capacity from the date of appointment until the 051219 cjs 0044435c ***NOT YET APPROVED*** appointment of another emergency standby council the following year, unless and until the member notifies the City Clerk in writing that the member has elected to terminate participation in the emergency standby council. Each emergency standby council member shall take the oath of office required for the .City Council prior to assumin~ the position of emergency standby council member. (b) Each emergency standby council member appointed by the City Council as described in section (a) shall have the duty during the term of that member’s appointment to remain informed of the duties of City Council members and the business and affairs of the City of Palo Alto to the extent necessary to enable participation as a member of the City Council upon appointment in the event of an emergency as provided hereafter. (c) In the event of the declaration of a state of war emergency, a state of emergency, or a local emergency as those terms are designated in Articles 12, 13, and 14 of Title 2 of the California Government Code and less than a quorum of the City Council is available and a City Council meeting is urgently required, the members of the emergency standby council shall be contacted for service. At that meeting, any City Council members who are unavailable for duty at the time of that meeting as defined by section 8636 of the California Government Code (unavailable such as the officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform the duties of office), shall be replaced by a member of the emergency standby council as necessary to beach seven members. The order of selection of emergency standby council members shall be determined by Council Policy. The appointment of members of the emergency standby council to fill vacancies created by. the unavailability of City Council members .at any time during a state of emergency shall be performed by City Council, and additional emergency standby members shall be appointed during the state of emergency as required to maintain a total of seven members on the City Council. (d) Members of the emergency standby council who are appointed to serve as City Council members shall serve in that position unti! replaced by a member=of the City Council who becomes no longer unavailable such 2 051219 cjs 0044435c ***NOT YET APPROVED*** that the addition of emergency standby council members is no longer necessary in order to constitute a quorum, until termination of the state of emergency, or until the election or appointment of a new regular City Council member as provided by law." SECTION 3. This ordinance does not constitute a project having potential effects upon the environment and therefore does not require environmental review under the California Environmental Quality Act. SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: City Attorney City Manager 3 051219 cjs 0044435c o o 12. Attachment 2 POLICY FOR APPOINTMENT OF EMERGENCY STANDBY COUNCIL The City Council shall appoint the seven member Emergency Standby Council at the second regular City Council meeting in January or as soon thereafter as possible. The criteria that the City Council shall consider for appointments shall include: Residency in the City of Palo Alto, availability, interest in serving and a lack of conflicts of interest. Activation: Emergency Standby Council Members shall be called to serve on the Council in order of most recent departure from the City Council. The Emergency Standby Council Members ("Emergency Council") shall be activated only following a declared National, State or Local Emergency and when a majority of the City Council is unavailable to serve and the urgent need for a City Council meeting arises. The Emergency Standby Council will consist of a total of seven members which may include available City Council members. Four members will constitute a quorum and be suffacient for all actions to be taken. The Emergency Standby Council Member shall only serve unless and until a majority of the City Council is again available to serve. In the event that the majority of Council Members are unavailable for an extended period of time, the Standby Council Member shall continue to serve until the end of the missing member’s term or until a majority of the City Council is again available to serve, whichever occurs first. The Emergency Standby Council Members shall attend the City’s annual Emergency Training and any additional training as deemed appropriate by the City Council. Members of the Emergency Standby Council shall be appointed in order of their seniority with the most recent Council Members being chosen first. Each Emergency Standby Council Member shall be replaced by returning Council Members as they become available. Those most recently on the Council shall depart the Emergency Standby Council last. Any tie for seating or departure shall first be resolved by the selection of those serving two terms. In the event of a continued tie the tie shall be resolved by drawing straws. The straws are to be drawn by the highest ranking available City Council Member or any available CAO if no Council Members are available. Minutes of all City Council meetings shall be sent to all members of the Emergency Standby Council. All Members of the Emergenc)i Council are expected to keep themselves apprised of current City issues. Emergency Standby Council Members shall be sworn in at the first meeting at which they are called to serve. 060103 sm0110348