HomeMy WebLinkAbout10/05/1993, 4 - PARTICIPATION IN A REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM Meeting Date: October ' 1993
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COUNCIL AGENDA REPORT
FROM: Bob Neumann, Fire Chief
SUBJECT: Participation in a Regional Hazardous Materials Response Team
CAO RECOMMENDATION:
By motion, authorize the Fire Department to participate in the San Luis Obispo County Regional
Hazardous Materials Response Team, and direct the Mayor to sign a cooperative agreement which
confirms participation.
BACKGROUND:
Each and every community within San Luis Obispo County is at risk of a hazardous materials
incident that would require a response capability that currently does not exist. No single jurisdiction
can afford or logistically support a hazardous materials response team that complies with the State
and Federal regulations.- The Fire Chiefs of San Luis Obispo County working in cooperation with
the Environmental Health Department, Sheriff's Department, California Department of
Transportation, California Highway Patrol, Office of Emergency Services, and others have
completed a three year analysis of the impacts and capabilities of local emergency responders in
hazardous materials related incidents. The results of this analysis quite clearly indicate that the best
approach to handling this county-wide problem is the development of such a team.
DISCUSSION:
The Chiefs have developed a comprehensive plan to deal with the hazardous materials response
problem in the County. This plan is formalized in a cooperative agreement that has been developed
as an extension of the 1984 San Luis Obispo County Fire Services Mutual Aid Plan. The team
approach draws upon the resources of the many agencies that play a role in this area. In addition, a
component of the plan also allows for the participation of the private industry. The federal
government has developed strict guidelines for hazardous materials teams and has established levels
of training for various team members, i.e. Specialist, Technician, Operations, Awareness, etc.
The County of San Luis Obispo, through its Office of Emergency Services, has agreed to administer
the program. It will provide for cost recovery, grant research and application, clerical assistance
and coordination with local agency representatives. A governing board made up of five Fire Chiefs
and a member of the County's Environmental Health Department will oversee the program in its
day-today operations.
The objectives include:
• Provide a level of service which would include product identification, technical analysis and
assistance, and the initial mitigation of most types of releases.
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COUNCIL AGENDA REPORT
• Provide hazardous material team staffing without adversely affecting any one jurisdiction's
emergency staffing level.
• Control the cost to each jurisdiction by eliminating or reducing duplication of services.
• Maintain maximum skill levels and experience by joint training and responding to incidents
in any jurisdiction.
• Ensure firefighter safety by providing adequate resources in both equipment and staffing
throughout the County within a reasonable time frame.
TEAM DESCRIPTION
Coverage
The proposed team will provide year-round 24 hour a day coverage to the County of San Luis
Obispo. Initially, the team will consist of two on-duty fire service personnel trained to the level of
Hazardous Materials Specialists; provided by local fire agencies who are capable of responding 24
hours a day, and will be provided on a shared basis. Once an assessment of the problem is made,
on- or off-duty members from all participating agencies will be responded to the level required to
mitigate the incident. Full-scale hazardous materials incidents require a minimum of eight team
members trained at the Technician or Specialist level in addition to a large number of support
personnel.
Equipment
The City of Morro Bay has volunteered the use of a late model fire engine to be used as the team's
primary response vehicle. Support equipment will be cached in at least three strategic locations
throughout the county. The Fire Chiefs have been very successful in receiving grants from a variety
of State and Federal agencies for equipment. These grants, combined with the pooling of existing
resources, have fulfilled equipment needs.
Training
A Hazardous Materials Technician must complete a training course of 4 weeks and 7 weeks for a
Hazardous Materials Specialist. On-going training must be completed each quarter in order to
maintain skill levels. It is anticipated that at least 8 hours of continuing education will be required.
In order to field a team for the purposes of controlling an accidental release or spill, at least eight
Hazardous Materials Technicians or Specialists must be on the scene. In addition, a large number
of support personnel trained to the awareness or operational levels are required to be on scene.
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����i�►bNVullllll�li jq�11 city of San LUIS OBISPO
IM COUNCIL AGENDA REPORT
CITY PARTICIPATION
The City of San Luis Obispo has a significant hazardous materials exposure. The freeway, railroad
and approximately 135 handlers/facilitators or storage areas all fall within the city limits, demanding
a quick response of trained staffing and resources. The City, in fact, had its own hazardous
materials response team until Federal legislation in the late 1980's required manning levels that
could not be met by the City Fire Department. We have continued to maintain a high level of
training and equipment resources. All Fire Department personnel are trained, as are many Public
Works employees and Police Officers to the hazardous materials operational and awareness levels.
In addition, the Fire Department has 4 employees trained to the Hazardous Materials Specialist
level.
It is staff's recommendation that the City commit to a goal of providing one Hazardous Materials
Specialist or Technician able to respond within one hour of notification 75% of the time. Staff
believes this commitment can be met with current resources allotted to the department.
ALTERNATIVES
Alternative 1 Elect not to participate
Pro No action would be required of the Council
Con The City runs the risk of having to mitigate any hazardous materials release or
incident in the City. It should be noted that the per hour costs for hazardous
materials mitigation teams similar to the proposed team are approximately
$4,000 per hour and have an approximate response time of six hours.
In addition the City is considered to be a major player in the formation of the
team. If we were not to participate, grants committed to the development of
the team would be put in jeopardy for the remaining participating agencies.
Alternative 2 Modify, with concurrence from all participating jurisdictions, the plan as
submitted. '
Pro The City could tailor the plan to any desired outcome.
Con Considerable work has gone into developing the proposed plan and it appears
to meet the needs of all agencies, large and small, from the State, Federal and
local jurisdictions.
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COUNCIL AGENDA REPORT
FISCAL E%IPACTS
Start-Up
As noted, the Chiefs have been very successful in receiving grants and aids for the initial training
and equipping of the proposed team. To-date approximately $125,000 has been committed to the
Team, if a majority of cities in the Counties will proceed with implementation. These grants
combined with the pooling of existing resources will result in no fiscal impact to participating
agencies.
On-Going
The City's commitment, as recommended by staff, will require occasional funding for overtime,
training and continued education. In order to cover equipment replacement, wear and tear, and
miscellaneous expenditures; each participating agency will be required to place into the team's
budget an amount not to exceed $1,000 a year. These funds will come from existing Fire
Department operations budget and, in-fact, are considerably less than the department is now
spending on the same items.
Participation in this program will offer a very cost-effective approach to providing the City of San
Luis Obispo with a safe and reasonable solution to mitigating a potentially very expensive hazardous
materials problem.
CONCURRENCES
To date, agencies in the County who have committed to the agreement include: The Cities of Paso
Robles and Morro Bay, the County of San Luis Obispo, and the Community Service Districts of
South Bay, Avila Beach, Santa Margarita, and Templeton. The San Luis Obispo Firefighters
Association has reviewed the agreement and is supportive.
ATTACEWENTS
San Luis Obispo County Regional Hazardous Materials Cooperative Agreement
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SAN LUIS OBISPO COUNTY ..
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of
Atascadero. City of Grover Beach, City of Morro Bay, City of Paso Robles, City of
Pismo Beach, City of San Luis Obispo, County of San Luis Obispo, Fire Protection
District of South Bay, Special Service Districts of Avila Beach, Cambria, Cayucos,
Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men's Colony State Prison), California Department of Forestry
and Fire Protection, California Health and Welfare Agency (Department of Mental
Health, Atascadero'State Hospital), California Military Department (California Army
National Guard, Camp Roberts), and California State University (California Polytechnic
State University San Luis Obispo), (hereinafter "Public Agencies"), is at risk of a
hazardous materials release or incident from the threatened release of hazardous
material which is transported along the major highways, railroads, and petroleum
pipelines in the County or is stored within the County for local use; and
WHEREAS, many of the Public Agencies participate in the San Luis Obispo
County Fire Services Mutual Aid Operation Plan of October, 1984, and such plan
provides for mutual aid response to hazardous materials emergencies; and
WHEREAS, each of the Public Agencies provides the necessary public funds
for the protection of life and property against the releases or incidents involving
hazardous materials; and
WHEREAS, the creation of a specialized team of personnel to respond to
hazardous material emergencies or potential emergencies in the County of San Luis
Obispo would provide the most effective use of the combined local resources and
would benefit each of the Public Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the
Public Agencies has authority to respond to hazardous materials emergencies and to
operate and maintain equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for
the joint exercise of any common power pursuant to Article I Chapter 5, Division 7, of
Title 1 of.the Government Code of the State of California;
NOW THEREFORE, THIS JOINT POWERS AGREEMENT is entered into, by and
between those Public Agencies that have executed this Agreement by December 31,
1993, and in consideration of the mutual covenants and agreements contained herein,
the Parties hereto agree as follows:
1. PURPOSE OF AGREEMENT, COMMON POWER TO BE EXERCISED: As a
supplement to the San Luis Obispo County'Fre Services Mutual Aid Operation Plan of
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October, 1984, the Parties enter this Agreement for the purpose of providing for the
creation and establishment of a Regional Hazardous Materials Response Team
(hereinafter 7eam'J. The Team shall carry out the abatement and emergency control
of hazardous conditions and stabilize the same, until these conditions can be turned
over to the appropriate authority, for further disposal.
2. NO ENTFTY SEPARATE AND APART FROM THE PARTY ENTITIES: The Parties
agree that the purpose of this Agreement may be accomplished without creating an
entity separate and apart from the Parties; therefore the Parties expressly decline to
create an entity separate and apart from the Parties to this Agreement.
3. MEMBERSHIP OF BOARD OF DIRECTORS: A Regional Hazardous Materials
Response Team Board of Directors (hereinafter "Board's shall be established to
oversee the operation of the Team, establish Team policies and procedures in
accordance with the Purpose of this Agreement, and manage the Team's finances and
property utilized by the Team. The Board shall consist of six voting members selected
by the following procedure:
A. There shall be three standing members on the Board: (1) the Fire
Chief of the City of San Luis Obispo, (2) the Fre Chief of San Luis
Obispo County, and (3) a representative of the County's
Environmental Health Department
B. There shall be one member representing each of the following
three geographic areas: (1) North County, which includes San
Miguel, Paso Robles, Templeton, Atascadero, Santa Margarita,
Atascadero State Hospital and Camp Roberts; (2) South County,
which includes Arroyo Grande, Pismo Beach, Grover Beach, Avila
Beach, and Oceano; (3) Coastal, which includes Morro Bay,
Cambria, South Bay, Cayucos, California Men's. Colony, and Cal 01
Poly. Each of these members shall be a Fire Chief elected by the
Fire Chiefs of the communities that are represented by that area.
Each appointee shall serve a term of two years. He or she may
be re-elected for an unlimited number of terms.
4. BOARD MEETINGS: The Board shall establish the time and place for its
meetings and shall hold at least one annual meeting. A special meeting may be called
by the Chairperson, or upon demand of two-thirds of the six members of the Board,
by noticing each'Board member at least 48 hours before the time of such meeting.
The notice shall specify the time and place of the meeting and the business to be
transacted. All meetings of the Board shall be open to the public, except for those
sessions which may by law be closed. The Board shall cause its Secretary/Treasurer
to maintain minutes of open meetings, which shall be public documents available for
inspection at the County of San Luis Obispo Office of Emergency Services at all times
during regular business hours of San Luis Obispo County. No compensation shall be
received by any member of the Board for his or her services. No business shall be
transacted without the presence of a quorum of the Board. A quorum shall consist of
four or more Board members. A majority vote of the quorum shall be required to
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transact business. At the first Board meeting, the Board shall adopt rules for the
orderly transaction of business.
S. BOARD OFFICERS AND EMPLOYEES: The Board shall elect officers, by
majority vote, to serve as Chairperson and Vice Chairperson. The Secretary/Treasurer
shall be a non-voting member of the Board and shall be a member of the County of
San Luis Obispo Office of Emergency Services.
6. FINANCING: Use of the equipment, materials, and facilities of the Parties shall
be in accordance with rules and regulations approved by the Board. The Board shall
prepare an annual fiscal year budget for the needs of the Team. Each Party shall
provide a equal share of the budget amount which excludes any amounts contributed
toward the total budget amount by grants, donations, or other sources. The
Secretary/Treasurer shall bill each of the Parties annually or at more convenient
intervals determined by the Secretary/Treasurer. All funds shall be deposited into a
separate account to be maintained as the Regional Hazardous Materials Response
Team Account (hereinafter "Accounfl. The Board shall have access to the Account
upon signature of any two Board members. In the event any Party fails to contribute
its equal share of the budget, as determined by the Secretary/Treasurer, such Party
may be terminated from participation on or assistance by the Team by a majority vote
of the Board.
A. Any excess in federal, state, or local funds in the Account at
the end of any fiscal year shall be transferred to the next
fiscal year's budget.
B. During the first year, a fund shall be established by the
Board and funded by each of the Parties contributing an
amount to the Account not to exceed $1,000.00 each.
C. During each successive budget year, the fund shall be
maintained at no more than $20,000.00 and no less than
$15,000, through agencies contributions not to exceed
$1,000 each per year. Upon majority approval of the
Board, the fund may be expended for the purchase of
equipment, unanticipated training needs, equipment repair,
and other unanticipated expenses determined necessary by
the Board.
D. Funds shall not be budgeted for or disbursed from the
Account in a manner which creates a deficit at any time.
7. TERMINATION OF AGREEMENT: This Agreement shall remain in full force and
effect until such time as a majority of the Board shall vote to terminate this Agreement
and each of such majority Board member's Public Agency ratifies his or her vote.
Each Party may individually terminate its involvement in this Agreement, and thereby
withdraw from participation on or assistance by the Team, by providing 90 days
written notice of termination to any one of the members of the Board. Parties
individually terminating involvement in this Agreement shall not be,entitled to any
refund of funds previously paid to the Account. In the event this Agreement is
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terminated by a majority vote of the Board ratified by the majority's Public Agencies,
the following shall occur: (1) all equipment and/or material donated by any agency for
use by the Team shall be returned to the agency without compensation for either
ordinary wear and tear or replacement, (2) all property utilized exclusively by the Team
shall be sold at'fair market value and the funds received shall be deposited in the
Account, (3) the Secretary/Treasurer shall pay any outstanding accounts, invoices,
and Board-approved claims from the Account, (4) any grant monies which have not
been expended shall be returned to the grantor, and (5) finally, the Account shall be
disbursed equally to those Public Agencies which participated in this Agreement at the
time of the Board's majority vote for termination.
8. REPORTS: The Secretary/Treasurer shall maintain the financial records of the
Team in an accurate and organized manner at all times and shall reconcile the
Account on a monthly basis. The Secretary/Treasurer shall prepare, or cause to be
prepared, an annual fiscal year report which shall include the yearly budget, the
amount, date, and source of all receipt$, the amount, date, recipient, and purpose of
all disbursements, the Account balance at the beginning of the fiscal year, the Account
balance at the end of the fiscal year, and an inventory of all equipment and material
owned by the Team. A copy of the annual report shall be distributed to each Party
within thirty days of the end of the fiscal year. The Secretary/Treasurer shall furnish
such other reports and data as may from time to time be requested by the Board. All
financial records shall be available for inspection by an authorized representative of
each Party upon written request and by arrangement with the Secretary/Treasurer or
other members of the Board.
9. TEAM SUPPORT AND PARTICIPATION: Each of the Parties agree to support
the Team in the following areas:
A. TRAINING: The Parties shall provide persons to attend
various levels of training including the initial start-up of the
Team and continuing education requirements consistent
with Government Code section 8574.19 et seq. and other
applicable laws, regulations, and Team standards set forth
for operations. Each Party shall host and support training
activities.
B. STAFFING: The Parties shall provide persons to participate
as members of the Team for response to calls or to
support the Team's respohse.
C. INSURANCE: Each of the Parties shall provide Worker's
Compensation for its fire persons while such persons are
involved with the Team. Government Code sections 50925
et seq. (Extraterritorial Activities of Firemen) and other
applicable Worker's Compensation, liability, and/or benefits
laws are incorporated into this Agreement by reference.
D. EQUIPMENT: Each Party shell support the Team with
resources whenever possible and with regard to other
Team Members be responsible for any damage or loss to
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such Party's resources which occurs while being used
pursuant to this Agreement
E. MEDICAL EXAMINATIONS: Medical examinations for each
Party's Team members shall be provided by that Public
Agency. The Parties will work cooperatively to secure the
most cost-effective approach to medical examinations.
F. COMPENSATION: The Parties agree that no compensation
for support and membership on the Team is required;
however, reimbursement for all Team services is a high
priority, e.g. reimbursement from persons or entities
responsible for hazardous materials spills. The Team will
actively pursue grants and donations to reduce financial
dependence on the participating Public Agencies.
10. NON-PARTICIPATION: Any Public Agency named in the first "WHEREAS"
clause of this Agreement that chooses not to sign the Agreement can avail itself of the
Team's services; however, that Public Agency must pay all costs of such Team
services as "Assistance for Hire" at the rates determined by the Board.
11. COUNTERPARTS: This Agreement may be signed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same Agreement
12 EXECUTION: Each Public Agency that signs this Agreement shall promptly
notify the County of San Luis Obispo Office of Emergency Services and shall
simultaneously forward to such office an executed copy of its Counterpart Signature
Page of this Agreement by hand-delivery to such office. Because final execution of
this Agreement is a condition of grant funding of equipment for the Team's use, every
Public Agency desiring to.participate in this Agreement must submit its executed copy
of its Counterpart Signature Page to the County of San Luis Obispo Office of
Emergency Services by December 31, 1993.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their respective authorized officers. This Agreement is deemed to be
signed and executed as of the last date a Public Agency executed this Agreement
which is the day of , 1993.
jAPPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By: Pww�
chief coputy County Counsel
Dated: -op- 3LO LQcZ3
COUNTERPART SIGNATURE PAGE
SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
COOPERATNE AGREEMENT
CITY OF SAN LUIS OBISPO
By:
Mayor, City of San Luis Obispo
Date:
ATTEST:
By:
City Clerk
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