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.
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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.
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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 @