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HomeMy WebLinkAboutItem 7.1 Calif Disaster & Civil Defense Agmt CITY OF DUBLIN AGENDA STATEMENT MEETING DATE: June 13 , 1983 SUBJECT CALIFORNIA DISASTER AND CIVIL DEFENSE MUTUAL AID AGREEMENT EXHIBITS ATTACHED Resolution; State of California Emergency Plan Master Mutual Aid Agreement RECOMMENDATION Adopt Resolution authorizing participation in the California Disaster and Civil Defense Master Mutual Aid Agreement FINANCIAL STATEMENT: Overtime costs of City services provided to another agency are not reimbursable DESCRIPTION California Disaster and Civil Defense Master Mutual Aid Agreement is a statewide agreement of counties , cities and districts that bind each to cooperate with other agencies when the requesting agency is unable to cope with an emergency situation with their own manpower capabilities . Mutual Aid is more often used in police situations and typically will be evoken in riots or civil disobedience occurrences wherein the local agency does not have sufficient manpower to cope with the situation. Generally, an agency responds to a neighboring agency; however, the state is divided into areas and regions and on occasion, an agency may be asked to respond to the need of a distant agency. Mr. Harry King, California Emergency Services Office , will be present at the meeting to answer any questions the Council may have . --------------------------------------------------------------------------- COPIES TO: ITEM NO. 7 / RESOLUTION NO. - 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, 19505 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 , 1983 by the following vote : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk /f { CALIFORNIA DISASTER AND CIVIL DEFENSE i . 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; W I T N E S S :E T H 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 . corporat.ions , and other public agencies be made-, available to prevent and combat the effect of disasters which may. result from such calamities as flood, fire, earthquake, . pestilence, war, sabotage, and riot ; and WHEREAS, : It is desirable that each of the part ies.. hereto should voluntarily aid and assist each.other .in the event that a disaster should occur, by the. interchange of. services and facilities, .including, but. not limited to, fire, . police, medical and health, communication, . -and transportation services and facilities, to. cope with . the problems of rescue, rel.ief, . 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 all of the parties hereto as follows: - 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 l,.ude.•provisions . for training and testing to make such mutual_•aid effective; provided,,. however,. that no, party. shall be required to deplete unreasonably it.s own resources, facilities, and services in furnishing such mutual aid. ,, Part. Three Section 1 6/1980 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 or as provided in Sections ' 1541, 1586, and 1587 , Military and Veterans Code; and that .such 'mutual aid is intended to be available in the event of a disaster of such magnitude that it is, or is likely to . be, beyond the control 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 aid 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 understood that any mutual aid extended under .this agreement 'and the operational plans adopted pursuant thereto, ` is furnished , in accordance with the "California Disaster Act" and other applicable 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 mutual aid plans." (Sec. 1564, Military 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 parties 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 operational 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, revisions, or modifications of existing or hereafter 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 thereto and are operative as between the parties in accordance with the provisions of such - operational . plans. Such operational plans shall be submitted to the State Disaster Council for approval . The State Disaster Council shall notify each party to such Part Three Section -1 Page 68 6/1980 operational 'plans of its approval , and shall also send copies of such . operational planS to other parties to this agreement who did not participate in such operational plans and who are in the same area and affected by such operational. plans. Such operational plans shal l be operative as to such other parties 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 the particular operational plan. (b) State—wide and regional mutual aid operational plans shall be approved by the State Pisaster Council and copi.es thereof shall forthwith be- sent `Lo . each and every party affected by such operational plans. Such operational plans shall be operative as . to the parties affected thereby 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 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 State Disaster Council , J.n 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 filing with. the State Disaster Council—.. (e) The State Disaster Council shall send copies of all operational. 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 board ' of supervisors, and County Disaster Council , and any other officer designated by a county; 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 officer of other political subdi.visi:ons and public agencies as designated by such parties. A. This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and Part Three Section 1 6/1980 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 to 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 any .particular operational plan. The State Disaster Council 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 bf 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 pub-l,ic .agencies having a legislative or governing body shall by resolution approve and agree to abide by this agreement, which may be designated 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. 10. Termination of. participation in this. agr.eement may be effected by any party as follows: (a) The ,, Governor, upon behalf of the State and its various .departments and agencies, 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 r' (b) Counties,.. ci.ties,: and other political - subdivisions- and public 'agencies having a legislative 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 this 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 its De- partments and agencies ATTEST: /signed/ FRANK M.. JORDAN November 15, 1950 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 Military 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 Part Three Section .1 6/1980 Page 71 Aid , Plan, :all previously approved; civil : defense and disaster plans, :,�all . mutual : aid agreements, and ;alI documents and agreements existing as of ,the: effective date of .this-,chapter, shall remain in full force and .effect until revised,. amended, or. revoked in accordance with the provisions of this chapter.' In addition, Section 8561 of the new act specif.ically .provides: i "Master. Mutual -Aid Agreement"::means. theT Californ'ia 'Disaster and Civil .........Defense .Master Mutual Aid:. Agreement, ' made.-and t entered : into .-by and between the State of California, its various departments- •.and 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 in Sections 8633, 8618, .8652 and 8653, :•r.espectively,::of the Government Code. Part Three sectlori2l Page 72 t,/198o