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HomeMy WebLinkAbout1986-06-10; City Council; Resolution 8600\ 1 2 3 4 5 6 7 8 9 1c 11 1% 12 14 1E If 17 I€ 15 2c 21 22 2: 24 2E 2t 27 2E RESOLUTION NO. 8600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE THIRD AMENDED EMERGENCY SERVICES AGREEMENT OF THE UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES ORGANIZATION, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT FOR THE CITY OF CARLSBAD. WHEREAS, the City of Carlsbad is a participating member of a Joint Powers Agreement which established the Unified San Diego County Emergency Services organizaiton; and WHEREAS, the governing body of that organization is the Unified Disaster Council on which this City is represented; and WHEREAS, the Unified Disaster Council approved the Third Amended Agreement on April 25, 1986 and recommended the County and all 16 Cities within the County approve and execute the Third Amended Agreement; and WHEREAS, the Third Amended Agreement will authorize a Unified Hazardous Materials Emergency Response and other programs to become operational under the Unified Emergency Services Organization; and WHEREAS, the recommended Third Amended Agreement is in the best interest of this City and the entire San Diego region. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California approves and executes the Third Amended Unified San Deigo County Emergency Services Agreement as recommended by the Unified Disaster Council. I1 I1 I1 I1 I1 I1 I1 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carsbad, California this lOthday of June, 1986 by the following vote: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: c+dL MARY H.. CASLER, Mayor (SEAL) THIRD AMENDED EHERGENCY SERVICES AGRERHENT This Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as the County, and the incorporated cities within the County signatory hereto, hereinafter referred to as the City or Cities. Nothing in this Agreement is intended to lessen participating members' authority over and responsibility for events occurring within the i r j ur i sd i c t i on. W I T N E S S E T H: WHEREAS, the County and the Cities are desirous of providing for a unified emergency services organization for the purpose of coordinating regional planning and programs for the preservation and safety of life and property and making provision for the execution of plans and programs in the event of an emergency or disaster, and to provide for mutual assistance in the event of such emergencies or disasters; and WHEREAS, the parties to this agreement are desirous of providing for any unencumbered balances at the end of the budgeted year resulting from either budget savings or revenues derived from Federal or other funds; and WHEREAS, the parties have previously entered into the Civil Defense Disaster Agreement, as twice amended, and the First and Second Amended Emergency Services Agreement; and WHEREAS, the parties desire further amendments, all of which are incorporated into this Third Amended Emergency Services Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby mutually agree as follows: A. The Unified San Diego County Emergency Services Organ- ization is hereby created and established to perform 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 in the County. 2. Prepare and develop countywide emergency guidelines 1 1986 B. 3. 4. 5. 6, 7. 8. which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major natural disaster OK other emergency. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. Provide countywide emergency services programs as may be determined by the Unified Disaster Counci 1. From time to time special Countywide 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 juris- dictions. Develop and keep current on a countywide basis an inventory of allequipmentand 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. Provide technical assistance in obtaining any federal or state funds 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, In the event of an emergency confined to one City, offer assistance within the limits of its emergency services organization and coordinate assistance furnished by the County and other Cities in accordance with mutual aid agreements. In the event of an emergency within the county affecting an area greater than any one City, offer assistance to the extent of its emergency servicesestablishmentandcoordinatetheassistance furnished by other agencies through the operational area concept. The County and Cities signatory to this agreement shall: 2 1986 1, Become members of the Unified San Diego County Emergency Services Organization, 2. Coordinate with and assist participating members in the development of emergency plans which shall be compatible with and complementary to countywide emergency plans, guidelines and programs as may be provided for under this agreement. 3. 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 funds and use of County and City personnel, equipment and 'supplies as are made available by the County and the Cities for emergency services purposes. C. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50%) 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 County Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One-half of the SO%, 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 property 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 ValuationandTaxRate--SanDiegoCounty,California, published by the Auditor and Controller of the County of San Diego. 4. If at the end of any fiscal year there remains 3 1986 D. an unencumbered balance derived from budget savings or revenue from Federal funds 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 for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a p'articipating member withdraws from this agreement, such member will receive its refundable 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 San Diego 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 funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied, The Unified Disaster Council 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, 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the vice-Chairperson and who is selected by the Unified Disaster Council from among: the Chief Administrative Officer of the County or the City Manager and/or Chief Administrator of any participating City, Two additional persons may be selected from the staff of the Coordinator or from the above group to act as first and second alternates in the absence or inability of the Coordinator to serve, 3. Each member agency shall designate a primary representative to the Council; they shall also 4 1986 designate alternates if the primary representative is unable to attend. E. 4, Each participating member jurisdiction shall have one vote on the Unified Disaster Council. It is the duty of the Unified Disaster Council and it is empowered to review and approve emergency mutual aid plans and agreements, disaster preparedness plans, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his OK her absence, or inability to call such a meeting, upon the call of the Coordinator. The Unified Disaster Council is empowered 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. F. The Coordinator of the Unified San Diego County Emergency Services Organization has 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 OK Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim theexistenceorthreatenedexistenceofa countywide local emergency if the Board of Supervisors is in session or to issue such proclamation 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 OK regionareinadequatetocopewiththeemergency, 5 1986 d . 4. To coordinate the mutual aid efforts of the parties to this agreement. 5. The Coordinator shall receive and disburse the funds of the Unified San Diego County Emergency Services Organization and shall be responsible and accountable for such funds. G. The unified San Diego County Emergency Services Organ- ization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (SanDieg'oCountyCodeof Regulatory Ordinances, Sec. 31.101). In the event the organizations are altered materially in the Emergency Services Ordinance, any party may offer to the other participating parties an amendment to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. H. 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. I. This Agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Second Amended Emergency Services Agreement. J. Any of the Cities within the County of San Diego which are 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. K. 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 least 120 days prior to the commencement of the fiscal 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. 6 IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO: Date CITY OF CARLSBAD: Date CITY OF CHULA VISTA: Date CITY OF CORONADO: Date CITY OF DEL MAR: Date CITY OF EL CAJON: Date CITY OF ESCONDIDO: Date CITY OF IMPERIAL BEACH: Date CITY OF LA MESA: Date CITY OF LEMON GROVE: Date CITY OF NATIONAL CITY: Date CITY OF NATIONAL CITY: Date BY Clerk of the Board of Supervisors BY BY Rv Bv BY BY BY BY Rv BV 7 1986