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HomeMy WebLinkAbout10/05/1993, 4 - PARTICIPATION IN A REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM Meeting Date: October ' 1993 �►� i�H►�IIIIII�I�h ���N City Of San LUIS OBISPO 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. vrd24.doc �����i�N►�NNI�Jh � III MY Of San L"IS OBIspO 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. vrd24.doc ����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. vrcM.doc ���N� ►�IIIII�I ���UI`� city of San L...iS OBISp0 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 vrd24.doe /� �f 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 �J 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 -2- 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 -3- y-� 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 -4- �'O 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 e �2-