HomeMy WebLinkAboutCC Resolution 9787 (Cooperating Agencies Agreement)RESOLUTION NO. 9787
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING
THE FIRE CHIEF TO EXECUTE "COOPERATING AGENCIES
AGREEMENT" BETWEEN THE CITY OF SAN RAFAEL AND THE
COUNTY OF MARIN
WHEREAS, the California Environmental Protection Agency
(Cal -EPA) has determined that the City of San Rafael Fire
Department (City) has met the technical and programmatic
requirements to be a Certified Unified Program Agency (CUPA), and
WHEREAS, pursuant to the Health and Safety Code (H&SC)
Section 25404.3(c), the Secretary of Cal -EPA is required to make
findings regarding each certification decision, and
WHEREAS, to make these findings, Title 27 of the California
Code of Regulations, Section 15170(k)(1) states that the
Secretary shall consider "Agreements among the county, city and
local agency applicants indicating consistency with a countywide
Unified Program," and
WHEREAS, the Agreement is to ensure that administration of
the Unified Program will be implemented in a coordinated and
consistent manner throughout the entire county.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael authorizes the Fire Chief to execute the
Cooperating Agencies Agreement with the County of Marin in the
form attached hereto.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the
Council of said City on Monday, the 3rd day of February, 1997, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS:None
JEANNE . LEONCINI,�'City Clerk
6RIGiPsiRI a,�,
COOPERATING AGENCIES AGREEMENT
WHEREAS, Marin County Office of Waste Management (County
Agency) and the City of San Rafael Fire Department (City Agency)
(collectively, the Agencies) have been notified pursuant to
Health and Safety Code, Section 25404.3, that they may be
authorized to become Certified Unified Program Agencies (CUPAs)
provided they enter into this Cooperating Agencies Agreement (the
Agreement). These CUPAs will implement the Unified Program as
defined in Health and Safety Code, Section 25404, throughout
Marin County (the County); and
WHEREAS, Health and Safety Code, Section 25404.3(c)(2),
requires the Secretary of the California Environmental Protection
Agency (the Secretary) to find that the administration of the
Unified Program will be less fragmented between jurisdictions and
the Unified Program will be implemented in a coordinated and
consistent manner throughout an entire county; and
WHEREAS, Section 15170(k)(1) of the California Code of
Regulations permits the Secretary, in making his finding about
countywide consistency, to consider agreements among the various
applicant agencies; and
WHEREAS, in order for the administration of the Unified
Program to be less fragmented and for the implementation to be
coordinated and consistent, it is necessary for the Agencies to
enter into this Agreement. This Agreement is also necessary in
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COPY
order to consolidate and coordinate Unified Program
responsibilities between the CUPAs; and
WHEREAS, obligations or responsibilities assumed by
Agencies and/or CUPAs under this Agreement do not replace or
supersede other requirements of the Unified Program;
NOW THEREFORE, the Agencies agree as follows:
1. The Agencies shall jointly adopt a dispute resolution
process designed to resolve disputes between the CUPAs and
between the CUPAs and regulated facilities. The Agencies shall
adopt this process and submit it to the Secretary within sixty
(60) days of the date this Agreement is effective.
2. The Agencies shall jointly adopt a consistent process
to solicit and incorporate input from unified program facilities
regarding Unified Program implementation and improvement
throughout the entire County. The Agencies shall adopt this
process and submit it to the Secretary within sixty (60) days of
the date this Agreement is effective.
3. The Agencies shall jointly adopt a process to ensure
that reporting of data elements and/or forms which unified
program facilities are required to submit to the CUPAs are
consistent throughout the entire County. The Agencies shall
adopt this process and submit it to the Secretary within one
hundred and eighty (180) days of the date this Agreement is
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effective.
4. The Agencies shall jointly adopt a process to ensure
that inspection of unified program facilities is conducted by the
CUPAs in a consistent and coordinated manner throughout the
entire County. The Agencies shall adopt this process and submit
it to the Secretary within one hundred and eighty (180) days of
the date this Agreement is effective.
5. The Agencies shall jointly adopt a process to ensure
that enforcement policies are applied to unified program
facilities by the CUPAs in a consistent manner throughout the
entire County. The Agencies shall adopt this process and submit
it to the Secretary within one hundred and eighty (180) days of
the date this Agreement is effective.
6. The Agencies shall jointly adopt a process to ensure
that: (a) interpretations of technical issues are consistent; and
(b) technical policies are developed jointed by the CUPAs and
applied consistently throughout the County. The Agencies shall
adopt this process and submit it to the Secretary within one
hundred and eighty (180) days of the date this Agreement is
effective.
f 7. The Agencies shall jointly adopt a process to ensure
that staff of the CUPAs shall receive equivalent levels of
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technical training. The Agencies shall adopt this process and
submit it to the Secretary within one hundred and eighty (180)
days of the date this Agreement is effective.
8. Withdrawal from this Agreement or violation of its
terms shall be considered a failure by a CUPA to meet its
obligations to adequately implement the Unified Program pursuant
to Health and Safety Code section 25404.4(a)(1) and the Secretary
may withdraw the CUPA's --ertification in such an instance.
9. (a) In the event that certification is withdrawn from
any CUPA within the County for any reason or a CUPA withdraws
from its obligations to implement the Unified Program, the
remaining CUPAs agree that the successor CUPA shall be determined
in accordance with subdivisions (f) and (g) of Health and Safety
Code section 25404.3.
(b) In the event a city CUPA's certification is
withdrawn or a city CUPA withdraws from its obligation to
implement the Unified Program, the City Agency/CUPA and the
County CUPA shall work cooperatively with the Secretary pursuant
to subdivision (f)(1) of section 25404.3 of the Health and Safety
Code and the County CUPA will proceed to implement the Unified
Program within the jurisdiction of the former City CUPA.
(c) In the event that the County CUPA's certification is
withdrawn, the County Agency/CUPA and City CUPA(s) will work
cooperatively with the Secretary pursuant to subdivision (f)(2)
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of Section 25404.3 of the Health and Safety Code as he determines
what agency, if any, should be the successor CUPA.
10. This Agreement may be signed in counterparts.
11. This Agreement shall be effective on the date it is
fully executed by all the parties listed below.
The following individuals declare under penalty of perjury
that they have authority to sign this Agreement on behalf of the
various Agencies and the CUPAs those Agencies represent as
designated above.
DATE: ( q 7 °j
Io6bert E. arcucci, Fire Chief
City of San Rafael Fire Department
Name/Title
Name of Agency/CUPA
Name/Title
Name of Agency/CUPA
Name/Title
Name of Agency/CUPA
Name/Title
Name of Agency/CUPA
i
Name/Titl&--/
COUNTY OF MARIN
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