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HomeMy WebLinkAboutResolution No. 6437 (JPA Hazardous Materials Spills Mgmt)RESOLUTION NO. 6437 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Joint Powers Agreement For Hazardous Materials Spills 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 intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the first day of November , 19 82 , by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Mayor Mulryan J NE M. LEONCINI, City Clerk 31 jj- c� � JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS SPILLS MANAGEMENT' THIS AGREEMENT, made and entered into this firstday of November , 1982, 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; California Highway Patrol; Alto -Richardson Bay Fire District; Bolinas Fire Protection District; Inverness Public Utility District; Kentfield Fire District; Novato Fire District; Tamalpais Fire District; Tiburon Fire District; Sleepy Hollow Fire District; Stinson Beach Fire District; Ross Valley Fire Service, and Marinwood Community Services District. DFr`TTAT C This agreement is predicated upon the following facts: 1. The parties are public corporations or entities organized and operating under laws of the State of California. 2. The parties are responsible for maintenance of public safety and/or fire protection within their respective jurisdictions within the County of Marin, State of California. 3. Sections 6500 through 6515 inclusive of the Government Code permit two or more public agencies to generally exercise under an agreement any power which is common to each of them. 4. Each of the parties desires to enter into an agreement with each of the other parties for the purposes of coordinating management of hazardous materials spills, establishing a formula for financing joint expenses for such management, and defining signatory agency responsibilities. NOW, THEREFORE, in consideration of mutual benefits, covenants, and agreements set forth herein, the parties agree as follows: � .� u SECTION 1. Authority and Purpose A. This agreement is made under the authority of Sections 6500 through 6515 inclusive of the Government Code among the signatory agencies. B. The purpose of this agreement is to establish a specially trained capability for the expeditious and economical response to hazardous materials spills on public and private property within the signatories' jurisdictions. C. The two components of this specialized response capability shall be (1) a designated unit of the San Rafael Fire Department which shall assist in the suppression of hazards created by spills which exceed the capability of the police jurisdiction having primary responsibility, and (2) a designated unit of the County which shall provide expert consultation on identifying and managing hazardous materials spills and shall enforce applicable health laws and regulations regarding such spills. SECTION 2. Term of Agreement This agreement becomes effective upon its execution by all the parties hereto and shall be effective for a period of ten (10) years therefrom, provided that a signatory agency may withdraw upon ninety (90) days' written notice to all of the then parties. SECTION 3. Definition of Hazardous Materials Spills A hazardous materials spill means an 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 any 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 Substance 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 2 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 and 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California Administrative Code. 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 community. SECTION 4. Operational Responsibilities A. As soon as practical upon determing that a hazardous material spill has occurred, the public safety unit first arriving on the scene shall: 1. Immediately isolate the scene to keep the substance from dispersing any further 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 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 San Rafael Fire Department and County Hazardous Materials Response Units immediately advised. B. Upon notification of a hazardous material spill, County Communications will arrange for the dispatch of the special hazardous materials response units operated by the San Rafael Fire Department and the County, 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.) 3 %�'-e C. For each incident, command responsibility shall be delegated according to applicable State law. Where State law does not designate responsibility, each signatory city and the County shall specify 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. 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, he may authorize such additional clean-up as he deems appropriate. It is expected that such additional clean-up operations would be provided by (1) the city public works department in which -the incident occurred, (2) County Public Works for incidents in the unincorporated area, or (3) Caltrans on a State highway. The incident commander may authoriLe such other clean-up arrangements as he deems 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. E. Signatory agencies shall cooperate with such incident protocols as this agreement may require. SECTION 5. Resource Inventory The signatory agencies agree to study the feasibility of ordinances requiring disclosure of major storage locations and uses of hazardous material in their jurisdictions, the enforcement of such ordinances, and the provision of such information as may be required by the San Rafael Fire Department and County Hazardous Materials Response Units. 4 SECTION 6. Financing A. The principles for allocating cost responsibility for hazardous material spill management shall be: 1. Primary responsibility for all extraordinary costs related to such an incident rests with the person(s) responsible for the spill. 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. The signatory agencies shall share the start-up costs for operating the San Rafael Fire Department and County Health Hazardous Materials Response Units as defined below. 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 the liability of the jurisdiction in which the spill occurred, except that such liability shall not include any overtime or supplies expenses incurred by another signatory agency acting in a role of mutual aid. B. For the year 1982-83, start-up costs of $14,243 for specially equipping a San Rafael Fire Department vehicle and the response teams of that fire department and the County will be shared by the signatory agencies as follows: Jurisdiction County Novato Novato Fire District Mill Valley San Anselmo Larkspur Corte Madera Fairfax Sausalito Tiburon Tiburon Fire District Percent Population Cash Share 36 $5,127- 25 1,781 - 1,780 7 997 7 997 6 855 5 712 4 570 4 570 4 285 - 285 5 '9Vve Belvedere 1 142 Ross 1 142 100% $14,243 In addition, the County has allocated approximately $18,000 for specially equipping the County unit. C. Normal annual operating costs of the San Rafael Fire Department and County Hazardous Materials Units will be borne by those respective agencies. D. San Rafael will be the fiduciary agent and owner of all assets related to this joint powers agreement, except those provided by the County. SECTION 7. Amendment This agreement may be amended by resolution of the governing boards of two-thirds (2/3) of the then signatory parties. IN WITNESS WHEREOF, the parties have executed this joint powers agreement as of the day and year first above written. ATTEST: City Clerk M A -T- City Attorney 6 AGENCY M Acting Mayo,& Fred Jensen SU-IQr, .RY OF COSTS Personnel Protection Equipment $ 2,020.00 Detection Equipment (County Health) O* Tools and Equ-ipment 2,473.00 Co=m nications Equipment 3,700,00 Sbsorbants and Neutralizers 1,050.00 Vehicle - Cab and Chassis - 14 Ft. Van Body, painted and installed 5,000,00 Total Start -Up Costs $14,243.00 *Eauipment available or bein{ acquired. (County Health) G-j,IL-10-0*+P ovided by San Rafael Fire Department. , ���trot). ' e