Meeting Date: September 11 , 2012
Prepared by: Michael Calhoun,
Public Safety Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to enter into an agreement between the County of Monterey and participating cities to update the Monterey County Multi-jurisdictional Local Hazard Mitigation Plan (LHMP).
Description: The current Multi-jurisdiction Local Hazard Mitigation Plan was approved by the Federal Emergency Management Agency (FEMA) on October 22, 2007, and the existing plan must be updated every five years in order to be eligible for certain federal, pre-and post-disaster mitigation grants.
The County of Monterey is applying for a Community Development Block Grant under the 2008 Disaster Recovery Initiative to finance the cost of a contractor/consultant to review and revise the current LHMP adopted in 2007 as required by FEMA.
In January 2012, Council approved a letter of commitment as a participating jurisdiction in Monterey County Multi-jurisdictional Hazard Mitigation Plan (LHMP) update. Each city must sign the attached agreement to participate in the update of the Local Hazard Mitigation Plan, which is Exhibit 11A11 copy of the LHMP agreement.
Fiscal Impact: There is no direct fiscal impact to the City of Carmel-by-the-Sea to pay a contractor/consultant for services related to the agreement; however the City must provide a representative or representatives to assist the contractor/consultant gather the necessary data and information to complete sections of the LHMP relevant to its jurisdiction.
Staff Recommendation: Adopt the Resolution authorizing the City Administrator to sign the MOU agreement between the County of Monterey and participating agencies, subject to final review/approval of the City Attorney.
Decision Record: Resolution 2007-62 (October 2, 2007) adopted the Monterey County Multi-jurisdictional Hazard Mitigation Plan; adopted Hazard Mitigation as an element of the General Plan on October 1, 2009; Resolution 2012-1 (January 10, 2012) approved a letter of commitment to participate in the LHMP update.
This was reviewed by the City Attorney.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE COUNTY OF MONTEREY AND PARTICIPATING CITIES TO UPDATE THE MONTEREY COUNTY MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN (LHMP)
WHEREAS, the Federal Emergency Management Agency (FEMA) approved the current Multi-jurisdictional Local Hazard Mitigation Plan in October 22, 2007. The LHMP must be
updated every five years in order to be eligible for certain federal, pre-and post-disaster
mitigation grants; and
WHEREAS, the current LHMP will expire in October 2012 unless reviewed, revised, and
adopted by the cities and Monterey County, and subsequently approved by FEMA, and
WHEREAS, the Carmel-by-the-Sea City Council approved Resolution 2012-1 on
January 10, 2012, authorizing a letter of commitment from the City to participate in the
Monterey County LHMP update process; and
WHEREAS, the County is applying for a Community Development Block Grant under
the 2008 Disaster Recovery Initiative to finance the cost of a contractor/consultant to review and
revise the current LHMP adopted in 2007; and
WHEREAS, each city must sign the agreement to participate in the update of the LHMP.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to enter into an agreement between the County of
Monterey and the participating cities to update the LHMP, subject to final review and
approval of the City Attorney.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 11th day of September 2012, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
___________________________
JASON BURNETT, MAYOR
ATTEST:
________________________________
Heidi Burch, City Clerk
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Attachment "A" 53
•
AGREEMENT FOR THE UPDATE OF LOCAL HAZARD MITIGATION PLAN
This Agreement is made and entered into by and between the COUNTY of Monterey, hereinafter
the "COUNTY," and the following CITIES, hereinafter individually referred to as the "CITY"
and collectively the "CITIES":
Carmel-by-the-Sea
Del Rey Oaks
Gonzales
Greenfield
King City
Marina
Monterey
Pacific Grove
Salinas
Sand City
Seaside
Soledad
RECITALS
WHEREAS, it is required that the COUNTY and the CITIES have in place an approved and
adopted Local Hazard Mitigation Plan (hereinafter the "LHMP") which addresses pre- and post
disaster mitigation and it is in the best interest for the COUNTY and CITIES to work together to
have an approved and adopted LHMP; and
WHEREAS, the CITIES, except the City of Seaside, and the COUNTY, in 2006, agreed to
develop, and, subsequently, did adopt a LMHP in 2007; and
WHEREAS, in accordance with Federal Emergency Management Agency requirements
(hereinafter "FEMA"), said plan must be reviewed and revised every five years to maintain status
as an accepted LHMP by FEMA; and
WHEREAS, the LHMP adopted in 2007 will expire in 2012 unless reviewed, revised and
adopted by the CITIES and the COUNTY and subsequently approved by FEMA; and
WHEREAS, this Agreement sets forth the responsibilities of the COUNTY and the CITIES
concerning financing the LHMP; and
WHEREAS, the COUNTY and the CITIES desire to share and maintain a LHMP for the good
of all.
NOW, THEREFORE, it is mutually agreed as follows:
I. COUNTY'S OBLIGATIONS
The COUNTY, in coordination with the City of Salinas, shall procure a contractor/consultant to
develop a draft LHMP that has been revised and updated to include CITIES and the COUNTY.
The COUNTY shall pursue award of a Community Development Block Grant under the 2008
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Planning Guidance dated July 1, 2008. Should County tall to be awaraea aoove-menuun~u
grant, COUNTY shall be under no obligation to hire consultant/contractor or finance in any way
the review and revision of the LHMP.
If such grant is awarded, COUNTY shall work diligently with City of Salinas to select a
contractor/consultant for stated purpose and with contractor/consultant to complete project.
COUNTY shall provide a representative or representatives to assist contractor/consultant in
obtaining data and information necessary to complete sections of the LHMP within COUNTY
jurisdiction. COUNTY shall meet with CITIES as necessary to discuss progress of project, act
on proposed drafts, and to work diligently to bring fmal draft LHMP to Monterey County Board
of Supervisors for adoption. COUNTY will provide overall project coordination and grant
administration for work related to its portions ofLHMP and that of CITIES, with exception of
the City of Salinas.
II. CITIES' OBLIGATIONS
CITIES, with the exception of the City of Salinas, shall bear no burden to pay
contractor/consultant for services related to this agreement. CITIES shall provide a
representative or representatives to assist contractor/consultant in obtaining data and information
necessary to complete sections of the LHMP relevant to their jurisdiction and to meet as
necessary to discuss progress of project, act on proposed drafts, and to work diligently to bring
fmal draft LHMP to their governing body for adoption.
III. SPECIAL TERMS FOR CITY OF SALINAS
The City of Salinas has independently obtained GRANT funds for purposes of rev iewing and
revising LHMP and updating the Public Safety Element of its General Plan. The City of Salinas
wishes to work with COUNTY and CITIES in developing a County-wide LHMP while
maintaining control of the style, format, and information contained within its own section of
LHMP. In order to merge into one plan the needs and preferences of City of Salinas with those
of the other CITIES and COUNTY, City of Salinas and COUNTY agree to jointly select and
utilize the same contractor for overall project. COUNTY and City of Salinas agree to work with
contractor toward this purpose.
IV. SPECIAL TERMS FOR CITY OF SEASIDE
City of Seaside did not participate in existing LHMP but independently developed its own
LHMP which is also in need of update. City of Seaside agrees fully participate in this process
and to allow access to digital copy to its existing LHMP to contractor selected by City of Salinas
and COUNTY.
V. TERM
This Agreement shall become effective as of the 1st day of August 2012, and shall terminate
upon acceptance of updated LHMP by FEMA.
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VI. INDEMNIFICATION
A. COUNTY hereby agrees to indemnify and save hannless each CITY, its officers,
agents, and employees of and from any and all claims, demands, judgments or
decrees made or rendered against the CITY, its officers, agents or employees by
reason of any injury, death or property damage suffered or sustained by any person or
entity caused by, or alleged to have been caused by the sole negligent act or omission
or willful misconduct of COUNTY during the planning of the LHMP.
B. Further, as to such acts, COUNTY, at its own cost, expense and risk, shall defend any
and all suits, actions, or other legal proceedings that may be brought or instituted by
third parties against the CITY, its officers, agents or employees or any such claim or
demand, and shall pay and satisfy any judgment or decree that may be rendered
against the CITY, its officers, agents or employees in any such suit, action, or other
legal proceedings.
VII. GENERAL PROVISIONS
A. Amendment - This Agreement may be amended or modified only by an instrument
ill writing signed by all the parties hereto.
B. Waiver- Any waiver of any terms and conditions hereof must be in writing and
signed by the parties hereto. A waiver of any of the terms and conditions hereof shall
not be construed as a waiver of any other terms or conditions in this Agreement.
C. Compliance with Applicable Law - The parties shall comply with all applicable
federal, state, and local laws and regulations in performing this Agreement.
D. Headings- The section and paragraph headings are for convenience only and shall
not be used to interpret the terms of this Agreement.
E. Time is of the Essence - Time is of the essence in each and all of the provisions of
this Agreement.
F. Governing Law - This Agreement shall be governed by and interpreted under the
laws of the State of California.
G. Non-exclusive Agreement- This Agreement is non-exclusive and both parties
expressly reserve the right to contract with other entities for the same or similar
services.
H. Construction of Agreement- The parties agree that each party has fully participated
in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in
the interpretation of this Agreement or any amendment hereto.
I. Counterparts - This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same Agreement.
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J. Authority - Any individual executing this Agreement on behalf of an entity
represents and warrants hereby that he or she has the requisite authority to enter into
this Agreement on behalf of such entity and bind the entity to the terms and
conditions of the same.
K. Integration - This Agreement, including the exhibits hereto, shall represent the
entire Agreement between the parties with respect to the subject matter hereto and
shall supersede all prior negotiations, representations, or agreements, either written or
oral, between the parties as of the effective date hereof.
IN WITNESS WHEREOF, the COUNTY and each of the CITIES have caused this Agreement
to be executed by their duly authorized representatives on the day and year first set forth above.
COUNTY OF MONTEREY .
By ________' __________ __
Emergency Services Manager
Dated --------------------
APPROVED AS TO FORM
By ___________________ _
County Counsel
Dated ---------------------
CITY OF GONZALES
By ___________________ _
City Manager
Dated ---------------------
CITY OF KING CITY
By _____________________ __
City Manager
Dated -----------------------
CITY OF CARMEL-BY-THE-SEA
By _____________________ _
City Administrator
Dated ----------------------
CITY OF DEL REY OAKS
By ___________________ _
Chief of Police
Dated ----------------------
•
CITY OF GREENFIELD
By _____________________ __
Deputy City Mgr/Public Works Director
Dated ----------------------
CITY OF MARINA
By _____________________ __
Fire Chief
Dated ----------------------
4
57 CITY OF MONTEREY CITY OF PACIFIC GROVE
By _____________________ _ By ___________________ __
Fire Chief City Manager
Dated- --------------------- Dated- --------------------
CITY OF SALINAS CITY OF SAND CITY
By~· --------------------- By ___________________ __
Fire Chief Chief of Police
Dated- --------------------- Dated- --------------------
CITY OF SEASIDE CITY OF SOLEDAD
By _____________________ _ By _____________________ _
City Manager '-. City Manager
Dated- --------------------- Dated-
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