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HomeMy WebLinkAbout2002-12-10; City Council; 17001; Fifth Amended County Emergency Services AgreementCITY OF CARLSBAD - AGENDA BILL AB# l7roo1 TITLE: FIFTH AMENDED UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT MTG. 12/10/02 DEPT. HD. c* CITY Am. RECOMMENDED ACTION: Adopt Resolution No. 3003 - 352 approving the Fifth Amended Unified San Diego County Emergency Services Agreement and direct the Mayor to execute said agreement for and on behalf of the city of Carlsbad. ITEM EXPLANATION: This Fifth Amended Emergency Services Agreement will supersede the Fourth Amended Emergency Services Agreement, which was adopted by the City Council in 1991. The San Diego County Unified Disaster Council, all cities in San Diego County and the County of San Diego have been asked to approve this amended agreement. Generally, this joint powers agreement creates the Unified San Diego Emergency Services Organization to facilitate planning and preparedness activities associated with responding to a major disaster or other emergency. These planning activities include developing operational area emergency procedures, training public employees, providing countywide emergency service programs, coordinating emergency resources availability, coordinating related funding opportunities, and entering into contracts for related services. This Fifth Amended Agreement clarifies that this agreement establishes a Joint Powers Authority that creates the Emergency Services Organization as an agency separate from the parties to the agreement. It also formally establishes the County Treasurer as the custodian of all money of the Emergency Services Organization and the County Auditor/Controller/Chief Financial Officer as the auditor and controller. Finally, it updates the name of the San Diego County Office of Emergency Services from the previous Office of Disaster Preparedness. FISCAL IMPACT: This amended agreement maintains the same cost sharing formula as in the previous agreement, which provides for the County of San Diego to pay 50% of the cost with the cities paying the other 50%. Each individual city’s share is determined equally by the proportion of their population (25%) and assessed value of real and personal property (25%). In FY 02-03, the Fire Department budgeted $9,000 in the department’s Disaster Preparedness budget for our share of these costs. EXHIBITS: 1. Resolution No. 2002-352 approving the Fifth Amended Unified San Diego County Emergency Services Agreement and authorizing and directing the Mayor to execute said agreement for and on behalf of the City of Carlsbad. 2. Fifth Amended Unified San Diego County Emergency Services Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE THE FIFTH AMENDED UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT WHEREAS, the City of Carlsbad is a signatory to the Fourth Amended Unified San Diego County Emergency Services Agreement of 1991, first executed in 1961 ; and WHEREAS, the County and Cities desire to provide for a unified emergency services organization in the San Diego operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi-jurisdictional emergencies or disasters; and WHEREAS, Carlsbad continues to support this regional approach to disaster planning and preparedness for the local and regional benefits that can be realized; and WHEREAS, this Fifth Amended Agreement appropriately updates and clarifies the structure and organization of this joint powers agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. If /I 11 11 11 If If /I I/ I1 A- ,’ ! L 1 I ( 1( 11 12 13 14 1: le 1; 18 19 20 21 22 23 24 25 26 27 28 2. That the City Council hereby approves the Fifth Amended Unified San Diego County Emergency Services Agreement, and authorizes and directs the Mayor to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council, held on this 10th day of December ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None* ABSENT: None. ATTEST: h2Gzd- LOR#AIN& M. WOOD, City Clerk (SEAL) Resolution No. 2002-352 Page 2 -2- UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FIFTH AMENDED EMERGENCY SERVICES AGREEMENT This Joint Powers Agreement is entered into by and between the County of San Diego, a political subdivision of the State of Cafifornia (County) and the incorporated cities within the County who are signatories hereto (City or Cities). Nothing in this agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federal emergency management requirements can be passed on to member jurisdictions. WITNESSETH WHEREAS, Government Code section 8605 designates each county as an operational area for emergency purposes and Government Code section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the Cities desire to provide for a unified emergency services organization in the San Diego Operational ar- and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi-jurisdictional emergencies or disasters; and WHEREAS, the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to krther amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into this Fifth Amended Emergency Services Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: A. This Agreement is made pursuant to Government Code section 6500 and following relating to the joint exercise of powers common to public agencies, 1. The County and the Cities each possess the common powers referred to above. UDC 1 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 2. The purpose of this Agreement is to exercise such powers jointly by creating the Unified San Diego County Emergency Services Organization, a public agency that is separate from the parties to this Agreement. B. The Unified San Diego County Emergency Services Organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City and in the county. 2. Prepare and develop Operational Area emergency procedures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and ' approved by the San Diego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special County-wide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non-member agencies or jurisdictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in obtaining any federal or state hds which may become available to the County and the Cities for emergency purposes and in the acquisition by the County and the Cities of surplus property for emergency services purposes. 7. Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs B1 through E36 above, including contracts for any services necessarily implied from those expressed. Page 2 UDC 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 8. The Unified SanDiego County Emergency Services Organization shall not exercise the powers listed above in a manner that exceeds the County's authority to exercise those powers. C. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division 1 of Title 2 of the California Government Code, and support established mutual aid agreements as the basis for multi-jurisdictional emergency operations. During such multi- jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. D. The County and Cies signatory to this agreement shall: 1. Become members of the Unified San Diego County Emergency Services Organization. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City finds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. E. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (W!) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2. The Cities signatory hereto will pay fifty percent (50%) of the cost of maintaining the Unified San Diego Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One-half of the 50%, or 25% of the total budget, shall be apportioned by people units or population in participating Cities. . b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal propem in participating Cities. 3. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate" San Diego County, California, published by the Auditor and Controller of the County of San Diego. UDC 3 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 4. If at the end of any fiscal year there remains an unencumbered balance derived fiom budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year fbr the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refbndable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified SanDiego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non-participating organization or agency contributes hnding to the Unified SanDiego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied. 8. If application of contributions received under paragraphs E4 or E7 above, affect the completion of tasks identified in an annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. 9. The San Diego County Unified Emergency Services Organization shall account for and shall maintain reports of all fhds received and all disbursements made. These reports shall be provided to any party upon request. 10. The County Treasurer shall be the depositary and have custody of all the money of the Unified San Diego County Emergency Services Organization and shall do the following: a. Receive and receipt for all money of the Unified San Diego County Emergency Services Organization and place it in the County treasury to the credit of the Emergency Services Organization; b. Be responsible upon his or her bond for the safekeeping and disbursement of all Emergency Services Organization money held by him or her; c. Pay, when due, out of money of the Emergency Services Organization held by him or her, all sums payable on outstanding bonds and coupons of the Emergency Services Organization; UDC 4 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVXCES AGREEMENT d. Pay any other sums due hm the Emergency Services Organization from Emergency Services Organization money, only upon warrants drawn by the County AuditorlController pursuant to paragraph E 1 1; e. Vera and report in writing at least quarterly each year to the Emergency Services Organization and to each party to this Agreement the amount of money he or she holds for the Emergency Services Organization, the amount of receipts since his or her last report, and the amount paid out since his or her last report; and f. Invest finds of the Unified San Diego County Emergency Services Organization pursuant to Government Code section 53601. 1 1. The County Auditor and ContmllerKhief Financial Officer shall perform the functions of auditor and controller for the San Diego County Unified Emergency Services Organization and shall do the following: a. Draw warrants to pay demands against the Emergency Services Organization when the demands have been approved by the Director, Office of Emergency Services, or his or her designee; b. Make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Emergency Services Organization except for those accounts and records that are subject to an annual audit by the state or the United States. In such case, the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Government Code section 26909 and shall conform to generally accepted auditing stdark, and C. File the audit report with each party to this Agreement and with the County Auditor and Controller. 12. The costs of the audit shall be borne by the San Diego County Emergency Services Organization and shall be a charge against the unencumberd funds of the Emergency Services Organization available for this purpose. 13. The San Diego County Unified Emergency Services Organization may, by unanimous request of its governing body, replace the annual special audit with an audit covering a two-year period. 14. The annual audit requirement specified above shall not apply if the Controller audits the financial statements of the Emergency Services Organization to satisfi federal audit requirements. UDC 5 2002 WED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 15. The San Diego County Board of Supervisors shall determine the charges to be made against the San Diego County Unified Emergency Services Organization for the services of the treasurer and auditor. 16. The Unified SanDiego County Emergency Services Organization shall administer this Agreement. 17. The debts, liabilities and obligations of the San Diego County Unified Emergency Services Organization shall not be debts, liabilities and obligations of the parties to this Agrement, but shall be the debts, liabilities and Obligations of the San Diego County Emergency Services Organization. 18. Upon termination of this Agreement any surplus money on hand shall be returned to the parties in the same ratio as the parties contribute to the cost of the SanDiego County Unified Emergency Services Organization as set forth in paragraphs E 1 and 2. F. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: 1. The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified SanDiego County Emergency Services Organization who shall be the Vice-Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Oficer of the County or the City Manager andor Chief Administrator of any participating City. Two additional persons may be selected fiom the staff of the Coordinator or fiom those specified in paragraph F2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. A representative fiom each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. Each participating member jurisdiction shall have one vote on the Unified Disaster Council. G. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: UDC 6 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 1. To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; 2. To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; 3. To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to be entered into by the Unified San Diego County Emergency Services Organization pursuant to Section B-7 of this Agreement, and to meet all other purposes of this agreement. H. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster Council. 2. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego County Emergency Services Organization. 3. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. 4. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Emergency Services, herein after referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. 5. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. Page 7 UDC 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERMCES AGREEMFNT L 7. To represent the interests of the unincorporated area of the County. The Chairperson may designate a person to represent such interests in his or her absence. The Coordinator of the Unified San Diego County Emergency Services Organization bas the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Offcer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the afFected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts*of the parties to this agreement. 5. To receive hnds for the Unified San Diego County Emergency Services Organization and to send them to the County Treasurer for deposit pursuant to paragraph E10 above. 6. To authorize the County Auditor/Controller to draw warrants for disbursement of San Diego County Unified Emergency Services Organization hnds pursuant to paragraph E 10 above. J. There is hereby created an Offrce of, and Director for, Emergency Services. The oftiee shall be under the direction of the Chief Administrative Ofticer of the County of San Diego, and the Coordinator of Emergency Services for the Unifred San Diego County Emergency Services Organization. The staff effort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. UDC 8 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT ~~ ~ ~ ~~~~~ The Director and staff of the Office of Emergency Services shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan and to respond to emergencies m accordance with emergency plans; 2. To aid, assist, and advise the County and each City in the preparation and development of emergency plans; 3. To coordinate and assist in the recruitment and training of emergency services persOllX+l; 4. To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide programs as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; 7. To develop, maintain and distribute Operational Area inventories of vital ESOUrCeS; 8. To develop and maintain public warning systems for the San Diego Operational Area; 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10, To execute and approve all instruments necessary to the day-to-day operation of the Emergency Services Organization as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staff to the Unified San Diego County Emergency Services Organization; 12. To Chair meetings of the Unified Disaster Council in the absence of the designated Chair and Vice-Chaii of the Unified Disaster CounciL K. The Unified San Diego County Emergency Services Olganization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101.) In the event the organizations are altered materia& in the Emergency Services Ordinance, any party may offer to the other participating parties amendments to conform the agreement to the Ordinance. AU amendments to the Agreement shall be in writing and effective upon execution by all parties. UDC 9 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT L, The terms "state of war emergency", "state of emergency", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. M. This agreement shall become effective upon the execution of the agreement by the County Board of Supenisom and by ali Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Selvices Agreement, forme* known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Fourth Amended Emergency Services Agreement of 1991. N. Any of the cities within the County of San Diego which am now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. 0. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at kt 120 days prior to the commencement of the fMcal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. UDC 10 2002 UNIFED SAN DEGO COUNTY EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto do aflk their signatures. SAN DIEGO COUNTY UNIFIED DISASTER COUNCIL Council Approval Date: CITY OF CARLSBAD councilApproval Date: December 10, 2002 CITY OF CHULA VISTA Council Approval Date: CITY OF CORONADO council Approval Date: CITY OF DEL MAR Council Approval Date: CITY OF EL CAJON Council Approval Date: BY Chairman, Unified Disaster Council B BY BY BY UDC 11 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ENCINITAS Council Approval Date: RV CITY OF ESCONDIDO Council Approval Date: CITY OF IMPERIAL BEACH council Approval Date: CITY OF LA MESA Council Approval Date: CITY OF LEMON GROVE Council Approval Date: CITY OF NATIONAL, CITY Council Approval Date: CITY OF OCEANSIDE Council Approval Date: BY BY BY BY UDC 12 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF POWAY Council Approval Date: CITY OF SAN DIEGO Council Approval Date: CITY OF SAN MARCOS council Approval Date: CITY OF SANTEE Council Approval Date: CITY OF SOLANA BEACH Council Approval Date: CITY OF VISTA Council Approval Date: COUNTY OF SAN DIEGO Board Approval Date: 01-01226 BY BY BY Clerk of the Board of Supervisors UDC 13 2002 December 27,2002 TO: Tom Ritter FROM: Senior Off ice Specialist Attached is the FIFTH AMENDED EMERGENCY SERVICES AGREEMENT that was approved by Council and signed by the Mayor on December 10,2002. Our office has made a copy of this partially executed document for the record. We do however need a fully executed copy and realize it may be some time before that is available. Please forward a copy of the fully executed document at the earliest possible opportunity. Your assistance with this is greatly appreciated! Debra Doerfle 6 Attachment Cc: AB 17,001 file 0750-60 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @