HomeMy WebLinkAboutCC Resolution 11784 (Hazardous Materials Spill Management JPA)RESOLUTION NO. 11784
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE SIGNING OF A JOINT POWERS AGREEMENT
FOR HAZARDOUS MATERIALS SPILL MANAGEMENT
(Beginning July 1, 2005 and Terminating on June 30, 2015)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY COUNCIL authorize the Fire Chief to execute, on behalf of the
City of San Rafael, a Joint Powers Agreement For Hazardous Materials Spill Management, a
copy of which is hereby attached and by this reference made a part hereof.
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
City Council of said City held on Monday, the 20th day of June, 2005 by the following vote, to
wit:
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
A.
JE M. LEON CINI, City Clerk
JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS
SPILLS MANAGEMENT
THIS AGREEMENT, made and entered into this 20TH day of JUNE
2005, by and between the following public agencies: Cities of Novato, San Rafael,
San Anselmo, Fairfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte Madera
and Larkspur; County of Marin; Kentfield Fire District; Novato Fire District; Southern
Marin Fire District; Tiburon Fire District; Ross Valley Fire Service and Marinwood
Community Services District.
RECITALS
This agreement is predicated upon the following facts:
Each of the parties to this Agreement is a "Public Agency" as the term is
defined in California Government Code Section 6500 and is authorized to enter into Joint
Powers Agreements.
2. The parties are responsible for maintenance of public safety and/or fire
protection within their respective jurisdiction within the County of Marin, State of
California.
Pursuant to Government Code Section 6500 et. seq. commonly known as
the Joint Exercise of Powers Act, two or more Public agencies may by Agreement jointly
exercise any power common to the contracting parties.
4. Each of the parties desire to enter into an agreement with each of the other
parties for the purposes of coordinating management of and response to hazardous
materials spills, establishing a formula for financing joint expenses for such management
and response, and defining signatory agency responsibilities.
NOW THEREFORE, in consideration of mutual benefits, covenants and
agreements set forth herein, the parties agree as follows:
SECTION 1 Definitions
These definitions shall include any subsequent amendments, deletions or
additions to the above mentioned statutes.
A. Hazardous Material Spill
A hazardous materials spill means an incident or potential incident, which
threatens public health or safety involving the unsafe release of a hazardous substance or
hazardous waste as defined below. A hazardous substance or hazardous waste means a
substance or product for which the manufacturer or producer is required to produce a
material safety data sheet prepared pursuant to Section 6390 of the California Labor Code
or pursuant to the regulations of the Occupational Safety and Health Administration of
the U.S. Department of Labor, or pursuant to the Hazardous Substances Information and
Training Act (commencing with Section 6360, Chapter 2.5, part 1 of Division 5 of the
California Labor Code), or pursuant to any applicable State or Federal law or regulation;
any substance or product which is listed as a radioactive material set forth in Chapter 1,
Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission;
or any substance or product defined as hazardous or extremely hazardous waste by
Sections 25115 or 25117 of the California Health and Safety Code and set forth in
Sections 66680 and 66685 of Title 22 of the California Code of Regulations. Release
means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting,
escaping, leaching, dumping, or disposition into the environment. Any material may be
added to the list of hazardous materials set forth by applicable State or Federal law or
regulation upon a finding by the County Health Officer that it is a material which,
because of its quantity, concentration, physical, or chemical characteristics, poses
significant present or potential danger to human health and safety or to the environment if
released into the environment.
B. Incident Commander
Incident Commander is the individual responsible for the overall management of
the incident and is usually from the agency in which the incident occurred or as
designated by the agency.
C. Unified Command
Unified Command is a unified command effort which allows all agencies with
responsibility for the incident, either geographical or functional, to manage an
incident by establishing a set of common objectives and strategies.
SECTION 2 Authority and Purpose
A. The purpose of this agreement is to establish a specially trained capability
for the expeditious and economical response to hazardous materials spill or potential
release on public and private property within the signatories' jurisdictions.
B. The components of this specialized response capability shall consist of a
designated unit of the San Rafael Fire Department and trained personnel from the
signatory fire agencies, hereinafter referred to as the Hazardous Materials Response
Team (HMRT). The HMRT consists of a compliment of apparatus, equipment and
trained technicians and specialists. The HMRT shall assist in the control and
containment of hazards created by releases and potential releases which exceed the
capability of the jurisdiction having primary responsibility, and which shall provide
consultation on identifying and managing hazardous materials releases or potential
releases in a manner consistent with all local, state and federal laws and regulations
regarding such releases.
A County of Marin Hazardous Materials Management Team, consisting of
representatives of the Marin County Fire Department, Office of Emergency Services,
District Attorney, Sheriff, Health Department and Department of Public Works, shall be
dispatched to the incident by County Communications when requested by the Hazardous
Materials Response Team or Incident Commander.
SECTION 3 Terms of Agreement
Except as provided below, the term of this Agreement shall be for ten years,
beginning on July 1, 2005 and terminating on June 30, 2015. A signatory agency may
withdraw upon ninety (90) days' notice prior to adoption of budget with written notice to
all of the then parties.
Each party to this Agreement certifies that it intends to and does contract with all
other parties who are signatories of this Agreement. Each party to this Agreement also
certifies that the deletion of any party from this Agreement shall not affect this
Agreement nor the remaining such party's intent to contract as described above with the
other then remaining parties to the Agreement.
SECTION 4 Operational Responsibilities
A. As soon as practical upon determining that a hazardous material release or
potential release has occurred, the public safety unit first arriving on scene shall:
1. Immediately isolate the scene, deny access to the scene and to protect
people and/or livestock in the general vicinity.
2. Notify County Communications of the location of the incident and
affected area, the type of incident (traffic accident, pipe breakage, etc.), the type and
quantity of hazardous material or the characteristics of the material if its type is unknown,
safe and unsafe routes to the scene, and a request to have the Hazardous Materials
Response Team immediately requested.
B. Upon notification of a hazardous material release, County
Communications will contact the San Rafael Fire Department ECC for dispatch of the
Hazardous Materials Response Team and such other resources as the protocol indicates
of the jurisdiction in which the spill occurs. (The California Highway Patrol has
jurisdiction over State highways.)
C. For each incident, command responsibility shall be delegated according to
applicable Sate law. Where State law does not designate responsibility, each signatory
city and County shall specify in writing to the Haz Mat Response Team at regular
intervals command authority for incidents within its jurisdiction. The incident
commander may request additional assistance as he deems necessary to restore public
health and safety.
D. When the Hazardous Materials Response Team determines that
specialized resources may be required to mitigate the release or assist with clean-up the
Incident Commander shall be advised and provided with the agencies that should be
notified.
E. After an incident is under control, as determined by the Incident
Commander, the following clean-up protocol shall be followed: First, a reasonable
attempt shall be made to give the person(s) responsible for the incident adequate notice
and opportunity to remove the hazardous substance. If, in the judgment of the Incident
Commander, such opportunity has been adequately provided, considering the conditions,
the Incident Commander may authorize such additional clean-up operations, if
appropriate, by (1) the City Public Works Department in which the incident occurred, (2)
County Public Works for incidents in the unincorporated area, (3) Cal -Trans on a State
highway, or (4) a licensed Hazardous Waste Clean-up Contractor. The Incident
Commander may authorize such other clean-up arrangements deemed appropriate for the
restoration of public health, safety and nuisance abatement. Clean-up of private property
beyond these requirements shall be the responsibility of the property owner under the
auspices of the County Health Officer.
F. Signatory agencies shall cooperate with such incident protocols as this
agreement may require.
G. Decon Engine Companies are a special resource staffed Type 1 Engine
specifically equipped to set-up and perform decontamination. There are numerous Decon
Engine Companies within the county. This resource is not normally dispatched at the
time of requesting the HMRT.
H. Special Ops Trailers are a special resource. There are three (3) Decon
Special Ops Trailers within the county. This resource is not normally dispatched at the
time of requesting the HMRT.
SECTION 5. Resource Inventory
A. The signatory agencies agree to fund apparatus, equipment, training,
medical monitoring, and personal protective equipment as may be required by the
fiduciary agent to meet state and federal OSHA regulations pertaining to hazardous
materials release response.
B. Each participant to the Agreement shall obtain from their Administrative
Agency documentation disclosing the storage location and use of hazardous materials in
their jurisdiction for reference by the Hazardous Material Response Team.
SECTION 6. Financing
A. The principles for allocating cost responsibility for hazardous material
release management shall be:
1. Primary responsibility for all extraordinary costs related to such an
incident rests with the person(s) responsible for the spill. Damages and expenses
incurred by the Hazardous Materials Response Team shall constitute a debt against the
person and/or firm causing the incident and shall be collectable by the fiduciary agent
specified in Section 6C of this agreement. Expenses, as stated above, shall include but
not be limited to, equipment, personnel committed, and any payments required by the
Hazardous Materials Response Team to outside business firms requested by the Team to
secure, investigate and monitor remediation and cleanup the incident. Reference Section
13009.6, California Health and Safety Code.
2. The State of California is not liable for any such costs unless one
of its officers, employees, or agents is a person described in Section 6(A) 1 above; or
unless the costs are associated with a spill for which a disaster is declared.
3. Funding sources for activities of the Authority will consist of
contributions made by each party in a manner to be determined by the Marin County Fire
Chief's Association.
4. To the extent that signatory agencies are not reimbursed for
extraordinary costs of managing an incident or its clean-up, the costs shall be liability of
the jurisdiction in which the spill occurred.
5. The Hazardous Materials Response Team shall prepare a proposed
annual budget, or any supplemental budget shall be submitted to the Marin County Fire
Chief's Association for approval in the time and manner as specified. Public funds may
not be disbursed by the Hazardous Materials Response Team with out adoption of the
approved budget, and all receipts and disbursements shall be in strict conformance with
the approved budget.
B. Cost sharing, to support the Hazardous Materials Response Team shall be
allocated on a jurisdiction percent of population based on the County of Marin's current
census data. Where a Fire District and City share the population, each shall contribute
one half of their shared cost.
Jurisdiction
Percent Population
Alto FPD
2.4
Belvedere
1.0
Corte Madera
3.6
County of Marin
11.6
Kentfield
3.0
Larkspur
4.8
Marinwood
2.0
Mill Valley
5.7
Novato City
20.7
Novato FPD
2.6
Ross
1.1
Ross Valley
9.4
San Rafael
21.0
Sausalito
3.1
Tamalpais FPD
3.7
Tiburon City
3.3
Tiburon FPD
1.0
Total 100%
Any non participatory agency shall be responsible for all costs
incurred by the Haz Mat Response Team.
D. Pursuant to the requirements of Section 6505.5 of the Government
Code San Rafael Fire Department is designated to be the Treasurer, the
depository and to have custody of all funds from whatever source and
to perform the following functions:
a. Receive and receipt all money for the Hazardous Materials
Response Team and place it for credit of the San Rafael Hazardous Material Fund.
SECTION 7. Amendment
Non substantial amendments may be made by two-thirds (2/3) vote of the Marin
County Fire Chiefs' Association.
SECTION 8. Notices
All notices required or given pursuant to this Agreement be made by depositing
saine in the U.S. mail, postage paid, and addressed as follows:
Hazardous Materials Response Team, c/o San Rafael Fire Department, 1039 C Street,
San Rafael, CA 94901.
SECTION 9. Hold Harmless
Each party shall indemnify and hold each other party harmless from and against
all loss, cost, expense, actions or liability occasioned by or arising out of the negligent
acts, or negligent failure to perform under the authority of this Agreement by each other
party's employees or its agents or contractors.
The tort liability of the Authority shall be controlled by the provisions of Division
3.6 of the Government Code.
The foregoing constitutes the full and complete Agreement of the parties. There
are no oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, the parties have executed this Joint Powers
Agreement as of the day and year first above written.
AGENCY — CITY OF SAN RAFAEL
:A
ATTEST:
JOHN MONTENERO, Fire Chief
JEANNE M. LEONCINI, City Clerk