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HomeMy WebLinkAboutReso 023-83 Ca Diaster Mutual AidRESOLUTION NO. 23 - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN STATE OF CALIFORNIA AGREEMENT TO PARTICIPATE iN THE CALIFORNIA DISASTER AND CIVIL DEFENSE MUTUAL AID AGREEMENT WHEREAS, Earl Warren, Governor of the State of California, on the 15th day of November, 1950, executed the California Disaster and Civil Defense Master Mutual Aid Agreement on behalf of the State of California and all its Departments and Agencies; NOW, THEREFORE, BE IT RESOLVED, that the City of Dublin does, by resolution, hereby approve and agree to abide by said California Disaster and Civil Defense Master Mutual Aid Agreement; and the City Clerk is hereby authorized and directed to send a certified copy of this resolution to the California Emergency Council for filing with said Council. ADOPTED and approved this 13th day of June, following vote: 1983 by the AYES: Councilmembers Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None City CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT This agreement made and entered into by and between the STATE OF CALIFORNIA, its various departments and agencies, and the various political subdivisions, municipal corporations, and other public agencies of the State of California; WI TNES SETH : WHEREAS, It is necessary that all of the resources and facilities of the State, its various departments and agencies, and all its political subdivisions, municipal corporations, and other public agencies be ~nade available to prevent and combat the effect of disasters which may result £rom such calamities as flood, fire, earthquake, pestilence, war, sabotage, and riot; and WHEREAS, It is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that a disaster should occur, by the interchange o~ services and facilities, including, but not ~imited to, fire, police, medical and health, communication, and transportation services and [acilities, to cope with the problems of rescue, relie~, evacuation, rehabilitation, and reconstruction which would arise .in the event of a disaster; and WHEREAS, It is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid on a local, county-wide, regional, state-wide, and interstate basis; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and the parties hereto as ~ollows: 1. Each party shall develop a plan providing for the effective mobilization of all its resources and facilities, both public and private, to cope with any type of disaster. 2. Each party agrees to furnish resources and facilities and to render services to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities, and services are to be made available and furnished, which operational, plans may inc]ude provisions for training and testing to make such mutual aid effective; provided, however, that no party shall be required to deplete unreasonably its own resources, ~acilities, and services in furnishing such mutual aid. 6/1980 Part Three Section 1 Page 67 3. It is expressly understood that this agreement and the operation- al plans adopted pursuant thereto shall not supplant existing agreements between some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis, but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimburSement unless otherwise expressly provided for by the parties to this agreement ori as provided in Sections 1541, 1586, and 1587, Mi. litary and Veterans Code; and that such mutual aid is ~.ntended to be available in the event of a disaster of such magnitude that it is, or is likely to be, beyond the c~ntrol of a single party and requires the combined forces of several or~ all of the parties to this agreement to combat. ~ 4. It is expressly understood that the mutual ai.d extended under this agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases of local peril or emergency and in all cases in which a STATE OF EXTREME EMERGENCY has been proclaimed. 5. It is expressly under'~tood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with itbe "California Disaster Act" and other appiicable provisions of law, ~and except as otherwise provided by law that: "The responsible local Official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such ~utual aid plans." (Sec. 1564, M~litary and Veterans Code.) 6. It is expressly understood that when and as the State of California enters into mutual;aid agreements with other states and the Federal .Government that the pa~ties to this agreement shall abide by such mutual aid agreements in accordance with law. 7. ' Upon approval or execution of this agreement by the parties hereto all mutual aid operatiomal plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall remain in full force and effect as to them until the same may be amended, revised, or modified. Additional mutual aid operational plans and amendments, revi. sions, or modifications of existing or herea£ter adopted mutual aid operational plans, shall be adopted as follows: (a) County-wide and local mutual aid operational plans shall be developed by the parties ~hereto and are operative as between the parties in accordance with the provisions of such operational plans. Such operational plans shall be su~mitted to the State Dt. saster Council for approval. The State Disaster Council. shall notify each party to such Part Three Section 1 Page 68 6/1980 operatienal plans of its approval, and shall also send copies of such operational plans to other parties to this a~reement who did not participate in such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall be operative as to such other parties 20 days after receipt thereof unless within that time the part'y by resolution or notice given to the State Disaster Council, in the same manner as notice of terminal:ton of participation in this agreement, declines t.o participate in the particular operational plan. (b) State-wide and regional mutual, aid operational plans shall be approved by the State Di. saster Council and copies thereof shall ~orthwith be sent ~o each and every party affected by such operational plans. Such operational plans shall be operative as to the parties a~fected thereby 20 days after receipt thereof unless within that: time the party by resolution or notice given to the State Disaster Council, lin the same manner as notice of termination of' participation in this agreement, declines to participate in the particular operational plan. (c) The declination of' one or more of the parties to participate in a particular operational plan or any amendment, revision, or modification thereof, shall not affect the operation of this agreement and the other operational plans adopted pursuant thereto. (d) Any party may at any time by resolution or notice given to the Scale Disaster Council, in the same manner as notice of termination of participation in this agreement, decline to participate in any particular operational plan, which declination shall become effective 20 days after fi]ing with the State Disaster Council. (e) The State Disaster Counci] shall send copies of all operat:iona] plans to those state departments and agencies designated by the Governor. The Governor may, upon behalf of anY department or agency, give notice that such department or agency declines to participate in a particular operational plan. (f) The State Disaster Council, in sending copies of operational plans and other notices and information to the parties to this agreement, shall send copies to the Governor and any department or agency head designated by him; the chairman of the board of supervisors, the clerk of the hoard of supervisors, and County Disaster Council, and any other officer designated by a countyl the mayor, the clerk of the city council, the City Disaster Council, and any other officer designated by a city; the executive head, the clerk of the governing body, or other offScer of' other political subdivisions and public agencies as designated by such parties. 8. This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and 6/1980 Part'Three Section 1 Page 69 effective as between each and every party that has heretofore or' hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto. Upon approval or execution of this agreement the State Disaster Council shall send copies of all approved and existing mutual aid operational plans affecting such party whiCh.shall become operative as co such party 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in an~ particular operational plan. The State Disaster Count{1 shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular operational plan. 9. Approval or execution of this agreement shall be as follows: (a) The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments and agencies thereof. Upon execution by the Governor a signed copy shall forthwith be filed with the State Disaster Council. (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution approve and agree to abide by this agreement, which may be desi~nated as "CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT." Upon adoption of such a resolution, a certified copy thereof shall forthwith be filed with the State Disaster Council. (c) The executive head of those political subdivisions and public agencies having no legislative or governing body shall execute a copy of this agreement and forthwith file a signed copy with the State Disaster Council. lO. Termination of participation in this agreement may be effected by any party as follows: . (a) The Governor, upQn behalf of the State and its various departments and. a~encies, and the executive head of those political subdivisions and public agencies having no legislative or governing body, shall file a written notice of termination of participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 days after the filing of such notice. Part Three Section 1 Page 70 6/1980 (b) Counties, cities, and other political subdivisions and public agencies having a legiSlat£ve or governing body shall by resolution give notice of termination of participation in this agreement and file a certified copy of such resolution with the State Disaster Council, and th~s agreement is terminated as to such party 20 days after the filing of such resolution. IN WITNESS WHEREOF this agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. /signed/ EARL WARREN GOVERNOR On behalf of the State of California and all frs I)e- partments and Agencies ATTEST: November 15, 1950 /signed/ F~ANK M, JORDAN Secretary of State (GREAT SEAL) NOTE: There are references in the foregoing agreement to the California Disaster Act, State Disaster Council, and various sections of the Mi. litary and Veterans Code. Effective November 23, 1970, by enactment of Chapter 1454, Statutes 1970, the California Disaster Act (Sections 1500 ff., Military and Veterans Code) was superseded by the California Emergency Services Act (Sections 8550 ff., Government Code), and the State Disaster Council was superseded by the California Emergency Council. Section 8668 of the California Emergency Services Act provides: (a) Any disaster council previously accredited, the State Civil Defense and Disaster Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual 6/1980 Part Three Sectionl Page 71 Aid Plan, all previously approved.civil defense and, disaster plans, ,all mutual aid agreements,.! and~all documents :and agreements existing as of the effective date 0f th£s ~chapter, shall remain' in full force and effect until, revised,,'smended, or revoked in accordance with the provisions, of this chapter,~ In addition, Section 8561 Of the new act specifically provides: "Master. Mutual Aid Agreement": means the California Disaster and Civil Defense Master Mutual Aid~ Agreement, made and entered into.by and between the State of California, its various departmentsand agencies, and the various political subdivisions of the state, to facilitate implementation of the purposes of this chapter. Substantially the same provisions as previously contained in Section 1541, 1564, 1586 and 1587 of the Military and Veterans Code, referred to in .the foregoing' agreement, are now contained ~n Sections 8633, 8618, 8652 and 865.3, re.spectively, ofi the Government Code. Part Thre'e Se¢'tion 1 Page 72 "6/19M0