1997-0121_ORANGE, COUNTY OF_Mutual Aid Agreement0
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January 24, 1997
Mr. Ronald J. Novello
County Building Official
10 Civic Center Plaza
Santa Ana, California 92701-4061
Re: Mutual Aid Agreement
Dear Mr. Novello:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
MATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of January 21, 1997, the City Council of the City of San Juan Capistrano
approved the Building Damage Safety Assessment Mutual Aid Agreement between the
City and the County of Orange.
Two copies of the Agreement have been signed by the City and are enclosed. Upon
approval by the Board of Supervisors, please return one copy to the City Clerk's Office for
the City's files.
Thank you for your assistance.
Very truly yours,
2-2l Joh on
City Clerk
Enclosure
CC' Engineering and Building Director
1?4no PASFO AnF. LANTO, SAN .JUAN CAPISTRANO. CALIFORNIA 92679 0 (714) 493-1171
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6. APPROVAL OF SPECIFICATIONS FOR REMOVAL AND INSTALLATION OF
FENCING AND SOLE SOURCE PURCHASE OF FENCING EL CAMINO
REAL PARK (600.30)
As set forth in the Report dated January 21, 1997, from the Director of Engineering and
Building, the following were approved:
(a) The specifications for the removal and installation of fencing at the El Camino Real
Park, and
(b The sole source purchase of 2,530 feet of Typhoon Welded Mesh Security fencing
from Secure Technology Company in the amount of $44,871.
Staff was authorized to appropriate $50,000 from Capital Improvement Project No. 471 to
fund this project.
7. APPROVAL OF MUTUAL AID AGREEMENT FOR BUILDING DAMAGE
/ SAFETY ASSESSMENT IN THE ORANGE COUNTY OPERATIONAL AREA
600.50
T
As set forth in the Report dated January 21, 1997, from the Engineering and Building
Director, the Mutual Aid Agreement for Building Damage Safety Assessment was approved
with Orange County to provide for the cooperative emergency response efforts of building
engineers and inspectors to assess widespread building damage in the event of a major
earthquake or other disaster. The Mayor was authorized to execute the Agreement on behalf
of the City.
8. APPROVAL OF FINAL MAP. PARCEL MAP 96-140 - PROPERTY LOCATED
AT THE SOUTHERLY TERMINUS OF VIA SANTA MARIA (CANE)_(420 70)
As set forth in the Report dated January 21, 1997, from the Director of Engineering and
Building, the Final Map to subdivide a 3.255 -acre site located at the southerly terminus of Via
Santa Maria into two parcels was approved, based on the finding that the Final Map is in
conformance with the Subdivision Map Act and conditions set forth in Council Resolution
No. 96-10-15-4. The City Engineer and City Clerk were authorized to execute the Final
Map, and the City Clerk was directed to record the Map with the County Recorder.
AWARD OF CONTRACT FOR COMMERCIAL REAL ESTATE SERVICES -
EAST SIDE OF CAMINO CAPISTRANO NORTH OF JUNIPERO
SERRA/ASSESSOR PARCEL NUMBER 649-361-01 (GRUBB & ELLIS) (600.30)
As set forth in the Report dated January 21, 1997, from the Administrative Services Director,
the City Manager was authorized to negotiate and execute a property listing and sales
agreement with Grubb & Ellis Company for the marketing of the City -owned 3.83 -acre site
located on Camino Capistrano north of Junipero Serra Road.
City Counoil Minutes -4- 1121/97
AGENDA ITEM January 21, 1997
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Mutual Aid Agreement for Building Damage Safety Assessment
RECOMMENDATION
It is recommended that the City Council approve the Mutual Aid Agreement for Building Damage
Safety Assessment.
SITUATION
A. Summary and Recommendation
The Orange Empire Chapter of the International Conference of Building Officials has
established a Mutual Aid Agreement supporting building damage assessment emergency
operations. Staff supports this effort and recommends approval of the attached agreement.
B. Background
In the event of a major earthquake or other disaster resulting in building damage, city and
county government will need the cooperative efforts of building engineers and inspectors to
assess the structural integrity and safety of hundreds of thousands of residential and
commercial buildings throughout Orange County.
Over the last few months, the Orange Empire Chapter of the International Conference of
Building Officials established a Building Official Disaster Preparedness Coordinating Team
and mutual aid agreement to support building damage assessment emergency operations. At
the suggestion of the chapter and city building officials, the Board of Supervisors approved
in concept this mutual aid agreement on September 10, 1996, subject to approval by
participating cities. The agreement is similar to agreements for public works emergencies and
typifies actions necessary in an earthquake or other disaster causing widespread building
damage.
Major provisions of the agreement include:
1. Assistance furnished is voluntary.
2. Requesting party is responsible for resources provided; risk management; and all
direct, indirect, administrative and contracted costs.
FOR CITY COUNCIL AGEEZ %J
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AGENDA ITEM -2- January 21 1997
3. Standardized procedures and training of staff.
4. Agreement continues until terminated.
In the event of a major disaster, the important benefits of prompt building damage assessment
are:
1. Protecting occupants from unsafe and damaged buildings.
2. Identifying safe structures and thereby restoring economic activity.
3. Compiling damage assessments for an accurate declaration of the disaster magnitude
4. Facilitating aid from state and federal sources.
Staff supports the Mutual Aid Agreement and, therefore, recommends approval.
FINANCIAL CONSIDERATIONS
There is no financial impact as a result of this action.
PUBLIC NOTIFICATION
Not applicable.
ALTERNATE ACTIONS
1. Approve staff recommendation.
2. Do not approve staff recommendation.
3. Refer to staff for additional information.
RECOMMENDATION
It is recommended that the City Council approve the Mutual Aid Agreement for Building Damage
Safety Assessment.
Respectfully submitted,
William M. Huber
Director of Engineering & Building
WMH:ch
Attachment: Building Damage Safety Assessment Mutual Aid Agreement
December 22, 1997
Cheryl Johnson
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Enclosed is a copy of your city's Orange County Operational Area Building Damage Safety Assessment Mutual Aid
Agreement that has been executed by the Chairman of the Orange County Board of Supervisors. Per Section 18(c) of this
agreement, a list of all parties and representatives to the signatory parties will be forward to your city's building official in
January.
TBM:pks
cc: Larry Nees, O.C. Building Official
es
•
County
Orange
THOMAS B. MATHEWS
DIRECTOR
of
RECEIVED
300 N. FLOWER ST.
�9 a
Planning &
Development Services
Department
SANTA ANA,, CIALI ORD R NIRA
L'F°Afi
DEC 26 2 It Nr 97
MAILING ADDRESS:
,{
P.O. BOX 4048
SANTA ANA, CA 92702-4048
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TELEPHONE:
(714) 834-4643
FAX 4 834-2771
December 22, 1997
Cheryl Johnson
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Enclosed is a copy of your city's Orange County Operational Area Building Damage Safety Assessment Mutual Aid
Agreement that has been executed by the Chairman of the Orange County Board of Supervisors. Per Section 18(c) of this
agreement, a list of all parties and representatives to the signatory parties will be forward to your city's building official in
January.
TBM:pks
cc: Larry Nees, O.C. Building Official
es
CLEFK Cf
ORANGE
THE ORANGE COUNTY OPERATIONAL ARBA
BUILDING DAMAGE SAFETY ASSBSSIMT MUTUAL AID AGREEMENT
This Mutual Aid Agreement ("Agreement") is made and entered into by those
parties who have adopted and signed this Agreement.
WHEREAS, the California Office of Emergency Services, Counties and
Cities, and the California Building officials have expressed a mutual
interest in the establishment of a plan to facilitate and encourage building
damage assessment mutual aid agreements among political subdivisions
throughout California; and
WHEREAS, the parties hereto have determined that it would be in
their best interests to enter into an agreement that implements that plan
and sets forth procedures and the responsibilities of the parties whenever
emergency personnel, equipment and assistance is provided from one party's
Building Department to the other; and
WHEREAS, no party should be in a position of depleting unreasonably
its own resources, facilities, or services providing such mutual aid; and
WHEREAS, such an agreement is in accordance with the California
Emergency services Act set forth in Title 2, Division 1, Chapter 7 (Section
8550 et seq.) of the Government Code and specifically with Article la
(Section 8630 et seq.) of the Act.
NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOW:
1. For this Agreement, the following terms shall be ascribed the
following meanings:
a. "Building Safety Assessment Coordinator (Coordinator)" shall
mean the person designated by each party to act on behalf of
that party on all matters relative to mutual aid, to include but
not be limited to requests, responses, and reimbursement.
b. "Local Emergency" shall mean the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of
persons and property within the territorial limits of a county,
city, or city and county. This may be caused by conditions such
as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation
or disease. This may be caused the Governor's warning of an
earthquake or volcanic prediction, or an earthquake, or other
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conditions. Excepted are conditions resulting from a labor
controversy, and conditions which are or are likely to be beyond
the control of the services, personnel, equipment, and
facilities of that political subdivision and require the
combined forces of other political subdivisions to combat, or
with respect to regulated energy utilities, a sudden and severe
energy shortage which requires extraordinary measures beyond the
authority vested in the California public Utilities Commission.
(ref. State Gov. Code SSSS(c)
C. "Operational Area,, shall mean an intermediate level of the state
emergency services organization, consisting of a county and all
political subdivisions within the county area.
2. Coordinators designated by each party shall be designated by Title,
Name, Address and Phone Number, and if said Building Safety
Assessment Coordinator changes, the other parties of the Agreement
shall be notified in writing as soon as practical after the
appointment has been made through the Operational Area Agreement
Coordinator designated in Paragraph 18 hereinafter.
3. when a Local Emergency has been proclaimed by party's governing body
or authorized official, the Coordinator may request assistance.
a. when a request for assistance is received, the assisting Coordinator
shall be advised of the number and type of Mutual Aid personnel,
equipment and facilities required. The assisting Coordinator shall
provide whatever personnel, equipment, and/or facilities as can be
provided without jeopardizing the safety of persons or property
within their jurisdiction. No party receiving a request for
assistance shall be under obligation to provide assistance or incur
any liability for not complying with the request for Mutual Aid.
5. when the assisting Coordinator's personnel, equipment, and/or
facilities are no longer required or when assisting Coordinator
advises that the resources are required within their own
jurisdiction, the requesting Coordinator shall immediately arrange
for the return of those resources.
6. The requesting party shall be responsible for the safekeeping of the
resources provided by the assisting party. The requesting
Coordinator shall remain in charge of the incident or occurrence and
shall provide control and direction to the resources provided by the
assisting party.
The requesting party may request the lending party to provide
supervisory personnel to take direct charge of the resources, but.to
do so under the general direction of the requesting Coordinator. If
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requested by the assisting Coordinator, the requesting Coordinator
shall make arrangements for housing and feeding, assisting personnel,
fueling of equipment, and servicing and repairing of equipment lent
by the assisting party. Assisting party's personnel shall not be
deemed employees of requesting party and vice versa.
7. The requesting party agrees to pay all direct, indirect,
administrative and contracted costs of assisting party incurred as a
result of providing assistance pursuant to this Agreement, based upon
standard rates applicable to assisting party's internal operations.
Payment shall be made within ninety (90) days after receipt of a
detailed invoice. Requesting party shall not assume any liability
for the direct payment of any salary or wages to any officer or
employee of assisting party.
S. The requesting party shall hold harmless, indemnify, and defend the
assisting party, its officers, agents, and employees against all
liability, claims, losses, demands, or actions are claimed to be due
to the acts or omissions of the requesting party, its officers,
agents or employees, or employees of the assisting party working
under the direction and control of the requesting party when the act
or omission of such assisting party employee occurs or is alleged to
occur within the scope of employment under the direction and control
of the requesting party.
9. When mutual aid is provided, the requesting and assisting agencies,
will keep account records of the personnel, equipment, and materials
provided as required by Federal and state (NDAA) and FEMA guideline
to maximize the possibility of Federal and State disaster reimbursement.
Each Party shall have access to other party's records for this purpose.
10. The provisions of Applied Technology Council (ATC) Document ATC -20
"PROCEDURES FOR POSTEARTHQUAKE SAFETY EVALUATION OF BUILDINGS" shall
be used to provide postearthquake safety assessment procedures of
damaged structures.
11. The Agreement shall take effect immediately upon its execution and
shall remain in effect until terminated.
12. Any party may withdraw from this Agreement without cause upon
delivery of sixty (60) days prior written notice to the Operational
Area Agreement Coordinator designated in Paragraph 18 hereinafter.
13. To the extent that they are inconsistent with this agreement all
prior agreements for building damage safety assessment mutual aid
among the parties hereto are superseded.
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14. Requests for mutual aid assistance under this Agreement, when more
than one California county is impacted by a disaster, should be
channeled through the State mandated Operational Area Emergency
Operations Center to ensure maximum State and FEMA cost recovery
eligibility and effectiveness in obtaining and allocating resources.
15. Requests for building damage safety assessment mutual aid from
outside of the Operational Area shall be channeled through the
existing State Office of Emergency Services system in cooperation
with the California Building Officials and coordinated by the County
Building Official.
16. Any controversy or claim arising out of, or relating to, this
Agreement, or the reach thereof, shall be settled by arbitration in
accordance with the rules of the American Arbitration Association and
judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof.
17. This Agreement in no way acts to abrogate or waive any immunity
available under the Tort Claims Act.
18. The County of Orange shall act as the Operational Area Agreement
Coordinator of this program for the purpose of:
a. Receipt of new members to the Agreement.
b. Maintaining a current list of signatory parties
and representatives.
C. Circulating annually a list of all parties and
Representatives to all signatory parties.
d. Arranging for amendments to the Agreement as may
be necessary.
e. Coordinating exercises of the Agreement.
19. All signatory parties agree that any other qualified public agency or
quasi public agency may become a party to this agreement by executing
a duplicate copy of this agreement and sending same to the
operational Area Agreement Coordinator at the following address:
Office of the Director of Building & Development Services,
Orange County Environmental Management Agency
300 N. Flower St. P.O. Box 4048
Santa Ana, CA 92702-4048
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed
by its Mayor and attested by its Clerk; COUNTY has caused this Agreement
to be executed by the Chairman of the Board of Supervisors and certified
by Clerk of the Board, all having been duly authorized by the City Council
of City and the Orange County Board of Supervisors.
APPROVED DATE: v2i CITY OF San Tuan Capistrano
Dated: I � By: � ct
Mayor
ATTEST:
c
Dated:
'pCT 21 1997
COUNTY OF ORANGE, a
political subdivision of
the State of California
CHAIRMAN, BOARD OF
SIGNED AND CERTIFIED THAT A COPY OF SUPERVISORS
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
ATM
&rl� Z2t�
Clerk of the Board of Super
Orange County, California
APPROVED AS TO FORM: pCDOUp'!7f COUNSEL, ORANGE COUNTY, CALIFORNIA
revi
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THIS INSTRUMENT IS A CORRECT COPY OF
THE ORIGINAL ON RLE IN THIS OFFICE
DARLENE J. BLOOM
CLER' KK OAF THEE BOARD
BY /�, LP. //"Gtlt�lc,�- DEPUTY