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HomeMy WebLinkAbout06. Updated Emerg. Operations PlanCentral Contra Costa Sanitary District 6. ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 7, 2010 Subject ADOPT RESOLUTION IMPLEMENTING UPDATED EMERGENCY OPERATIONS PLAN AND DETAILING GENERAL MANAGER AUTHORITY DURING AN EMERGENCY, ADOPT RESOLUTION UPDATING OVERALL GENERAL MANAGER AUTHORITY TO REFERENCE EMERGENCY AUTHORITY RESOLUTION. Submitted By. Initiating Dept✓Div.: Shari Deutsch, Safety & Risk Administration /Safety & Risk Management Management Administrator REVIEWED AND RECOMMENDED FOR BOARD ACTION: e� cea:7� K. Deutsch graves E. Boehme M. Kelly, eneral Manager ISSUE The District must have an Emergency Operations Plan (EOP) that complies with both state and federal regulations to be eligible for post- disaster assistance funding. The proposed resolution adopting the updated EOP also details the General Manager's authority when the plan is activated. RECOMMENDATION Adopt Resolution 2010 -089 which: adopts the August 2010 update to the Emergency Operations Plan including the General Manager's authority when the plan is activated, and rescinds Resolution 95 -077 which adopted the original version of the Plan. Adopt Resolution 2010 -090 which: references the EOP Resolution 2010 -089, and rescinds Resolution 2009 -106 which previously detailed all General Manager authority. FINANCIAL IMPACTS Federal disaster assistance recovery programs reimburse up to 75% of District costs to respond to a federally declared disaster while state programs reimburse up to 18% of the remaining 25% of costs. Without a federal and state compliant EOP, the District would be unable to recover up to 93% of its costs resulting from its emergency responses. ALTERNATIVES /CONSIDERATIONS The alternative to the recommended action is to forgo the option to collect state and federal post- disaster assistance funding and not update the resolutions detailing the General Manager's authority under both normal and emergency conditions. POSITION PAPER Board Meeting Date: October 7, 2010 Subject: ADOPT RESOLUTION IMPLEMENTING UPDATED EMERGENCY OPERATIONS PLAN AND DETAILING GENERAL MANAGER AUTHORITY DURING AN EMERGENCY, ADOPT RESOLUTION UPDATING OVERALL GENERAL MANAGER AUTHORITY TO REFERENCE EMERGENCY AUTHORITY RESOLUTION. BACKGROUND: After the Oakland Hills fire, the California legislature passed a law requiring all public entities to provide coordinated responses to disasters within their jurisdictions. This need became apparent during the fire - fighting effort when emergency responders from one agency were unable to communicate with responders from another. After the Northridge earthquake in 1994, the California Office of Emergency Services released draft regulations that established the Standardized Emergency Management System (SEMS). Public entities were required to develop plans and programs that complied with SEMS regulations before they could qualify for state post- disaster assistance funding. After the 2001 attacks on the World Trade Center and Pentagon the federal government saw the need to develop a national strategy to coordinate emergency response. Using SEMS as a model, the federal government developed the National Incident Management System (NIMS) and made compliance with this system an eligibility prerequisite for FEMA recovery funds. NIMS regulations were updated in 2004 after Hurricane Katrina illustrated some of its operational limitations. California public entities must comply with both SEMS and NIMS before they can apply for post- disaster assistance funding. One essential element of both systems is the adoption, implementation, training, testing and maintenance of an EOP that allows for coordinated and efficient disaster response among multiple public agencies and jurisdictions. The proposed Plan meets these requirements. Both SEMS and NIMS require agencies to exercise and update their plans. For the last year, the District has used a draft version of this Plan in trainings, exercises and drills. District staff has attended training in both SEMS and NIMS and has practiced using the checklists, forms and procedures outlined in this Plan. This Plan reflects the comments, suggestions, corrections, ideas and improvements suggested by many District employees. As a result, adoption of the proposed resolution and EOP will make the District both SEMS and NIMS compliant. Resolution 2010 -090 is offered as a companion item to the adoption of the updated EOP. It rescinds Resolution 2009 -106 which detailed the General Manager's overall authority and was adopted November 19, 2009. Since resolution 2009 -106 included details of the General Manager's authority during a disaster, it would have to be rescinded and replaced whenever the California Emergency Services Act or SEMS or NIMS requirements changed regarding public entity emergency powers or duties. POSITION PAPER Board Meeting Date: October 7, 2010 Subject: ADOPT RESOLUTION IMPLEMENTING UPDATED EMERGENCY OPERATIONS PLAN AND DETAILING GENERAL MANAGER AUTHORITY DURING AN EMERGENCY, ADOPT RESOLUTION UPDATING OVERALL GENERAL MANAGER AUTHORITY TO REFERENCE EMERGENCY AUTHORITY RESOLUTION. This new resolution restates the General Manager's other authority but replaces the detailed list of emergency authority with a reference to Resolution 2010 -089 or its superseding documents. This resolution makes no other changes to the General Manager's authority that was detailed in Resolution 2009 -106. The Emergency Operations Plan is available for review in the office of the Secretary of the District. RECOMMENDED BOARD ACTION: Adopt Resolution 2010 -089 to adopt the August 2010 update to the Emergency Operations Plan including the General Manager's authority when the plan is activated, and rescind Resolution 95 -077 which adopted the 1995 version of the Plan. Adopt Resolution 2010 -090 which references Resolution 2010 -089 and rescind Resolution 2009 -106 which previously detailed all General Manager authority. RESOLUTION NO. 2010 -089 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING THE DISTRICT EMERGENCY OPERATIONS PLAN, APPOINTING THE GENERAL MANAGER AS THE DIRECTOR OF EMERGENCY SERVICES, DEFINING THE AUTHORITY OF THE DIRECTOR OF EMERGENCY SERVICES, AND RESCINDING RESOLUTION 95 -077 WHEREAS, there are many natural and technological hazards which threaten the District including earthquakes, fires, hazardous materials releases, floods, severe weather, and potential water contamination; WHEREAS, Government Code Section 8607 et. seq. requires local governments, including special districts, to comply with the Standardized Emergency Management System (SEMS) as described in CCR Title 19, Division 2, Chapter 1 and; WHEREAS, Homeland Security Presidential Directive 5: Management of Domestic Incidents (HSPD -5) requires coordination between federal and state governments and all political subdivisions therein by using the National Incident Management System (NIMS). NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District that the Board of Directors rescinds Resolution 95 -077 and resolves that: The District Emergency Operations Plan supersedes the District's Comprehensive Emergency Management Plan which was adopted on November 2, 1995. The General Manager is appointed as the Director of Emergency Services. Under emergency conditions in which immediate action must be taken to protect lives and property, respond to emergencies, and to restore essential services for the public health and safety, the Director of Emergency Services may activate the District's Emergency Operations Plan and proclaim a local emergency. Upon activation of the Emergency Operations Plan, the Director of Emergency Services will direct and manage all emergency operations and make decisions to allocate resources and expend funds as necessary to meet the needs of the emergency. The Board of Directors shall meet within seven (7) days of the Proclamation of the Local Emergency to ratify the Proclamation by resolution and authorize continued emergency operations and recovery actions. The Proclamation of Local Emergency shall remain in effect for fourteen (14) days from the date of ratification, unless terminated by the Director of Emergency Services and the Board of Directors or extended by the Director of Emergency Services and the Board of Directors. Resolution No. 2010 -089 A Resolution Adopting the District Emergency Operations Plan Page 2 of 2 The Director of Emergency Services shall be authorized to make modifications to the Emergency Operations Plan as needed to meet changing circumstances and regulations. PASSED AND ADOPTED this 7 th day of October, 2010 by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District RESOLUTION NO. 2010 -090 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION 2009 -106 WHEREAS, the proper functioning of the Central Contra Costa Sanitary District ( "District ") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of the District; and WHEREAS, in past years the Board of Directors has provided for delegation of certain authority to prior General Managers and staff to carry out a variety of necessary functions of the District; and WHEREAS, the Board has also provided and continues to provide both delegation of authority and limitations on staff authority through the approval and adoption of certain other documents, such as the District Purchasing Policy and the Capital Budget; and WHEREAS, adopting a new resolution which provides for a consolidation of the delegation authorized in prior resolutions and other documents will clarify the authority of the General Manager and his or her designee and help to ensure the efficient operation of the District. THEREFORE, the Board of Directors of the District hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of the District as follows: Section 1: General Authorization - The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487, including all documents prepared and circulated as part of the public competitive bidding process, with the exception of financial transactions as set forth in Government Code Section 53995. Section 2: Emergency Power Authorization a. Pursuant to Public Contract Code Section 22050(b)(1), the Board delegates its power to the General Manager to take any directly - related and immediate action required by an emergency, as defined in Public Contract Code Section 1102, and to procure the necessary equipment, services, and supplies for those purposes, when the expenditures exceed $15,000, without giving notice for bids to let contracts. Resolution 2010 -090 Page 2 of 4 b. In the event of an emergency, as defined, the General Manager shall report to the District Board not later than seven (7) days after the action, or at its regularly scheduled meeting if that meeting will not occur later than fourteen (14) days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. C. In the event of an emergency, as defined, the District Board shall initially review the emergency action not later than seven days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the District Board's review of that action. d. Upon its review of the emergency action, the District Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. Section 3: District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution 2010 -089, or as set forth in the most recently adopted Emergency Operations Plan resolution or as amended by State law. Section 4: Authorization for Easements Acquisitions a. The General Manager is authorized to purchase easements and offers of dedication in favor of the District and prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the purposes of the District in acquiring said easements and offers of dedication. b. The Board shall retain the sole power to accept by resolution, any and all easements and offers of dedication received by the District. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedications for purposes of giving notice to subsequent property owners. The General Manager is authorized to purchase or otherwise obtain rights of entry, approve restoration agreements, encroachment permits and similar agreements affecting access to or use of real property deemed necessary or prudent for the carrying out of District activities. C. The funding for the purchase of easements, offers of dedication and similar rights of entry-type agreements delegated to the General Manager will be included in Resolution 2010 -090 Page 3 of 4 the District's Capital Improvement Budget, which the District Board approves each year. Section 5: Authorization for Use of Small Claims Court a. The General Manager is authorized to file suit in Small Claims Court without additional specific authorization by the District Board to pursue civil remedies against persons or entities for claims within the general subject matter areas enumerated below and where the amount of the District's claim (amount in controversy) does not exceed the monetary limits of the jurisdiction of California Small Claims Court. This power includes the power to seek judgments and any other remedies available within the jurisdiction of Small Claims Court, and to take other administrative actions necessary to pursue appropriate remedies in Small Claims Court, including appearing on behalf of the District. 1. Failure to obtain a District permit or violation of any District permit condition; 2. Failure to perform work in conformance with the District's Standard Specifications, either on District facilities or facilities which are or will be connected to the District sewerage system; 3. Failure to comply with inspection requirements of the District with regard to either private or public sewer facilities; 4. Failure to timely pay fees, lease payments, and charges of the District, including penalties and interest that may accrue as a result of the delinquent payments; 5. Damage to, or obstruction of, District facilities, equipment, or property; or 6. Violation of the District Code or failure to comply with any other lawful resolution or order of the District Board of Directors. Section 6: Claims Settlement Authority - Pursuant to Government Code Section 935.4, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the District not exceeding $25,000 with the understanding that settlements between $10,000 and $25,000 would be reported to the District Board as information items at a following District Board meeting. Section 7: Execution of Joint Powers Agreements — The General Manager is authorized to execute Joint Powers Agreements with cities, counties, special districts and other government entities relating to Board - approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $50,000. Section 8: Additional Delegations and Limitations on Authority - The General Manager has the authorizations set forth in the most recent Capital Improvement Budget (approved by the Board each year), the authorizations set forth in Chapter 3, "Approvals and Authorizations" of the District's Purchasing Policies and Procedures (adopted by the Board), and the authorizations set forth in District Code 2.08.030 to execute all Resolution 2010 -090 Page 4 of 4 contracts, warrants, releases, receipts, and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487, and such authority is incorporated herein by reference. Section 9: Rescission of Prior Resolutions - As of the effective date of this resolution, the existing District Resolution 2009 -106 is rescinded. PASSED AND ADOPTED this 7th day of October, 2010, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District