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06 Staff Report - Santa Clara County Civil Grand Jury ReportMEETING DATE: 09-4-2007 ~owN 0 AGENDA ITEM: cospos COUNCIL AGENDA REPORT DATE: AUGUST 30, 2007 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY SUBJECT: APPROVE RESPONSE TO SANTA CLARA COUNTY CIVIL GRAND JURY REPORT - DISASTER PREPAREDNESS IN THE COUNTY: IMPROVEMENTS NEEDED RECOMMENDATION: Approve response to Santa Clara County Civil Grand Jury Report - Disaster Preparedness in the County: Improvements Needed BACKGROUND: The Civil Grand Jury is empowered to investigate the policies and practices of public agencies within the County of Santa Clara and to make recommendations for changing current or adopting new procedures. California Penal Code section 933(c) requires that the governing body of the entity subject to a grand jury report respond within 90 days to the findings and recommendations contained in the report. The response must either agree or disagree in whole or in part with the findings and state the reasons for any disagreement, and further state whether the recommendations have or will be implemented and the plan for doing so, an explanation of the reasons for not doing so, or whether the recommendation requires further study and how that study will be conducted in a frame of time not to exceed six months. DISCUSSION: The Santa Clara County Civil Grand Jury investigated the emergency response procedures of five cities including San Jose, Sunnyvale, Santa Clara, Gilroy and Morgan Hill. The investigation focused on three areas: personnel call back ability; equipment availability; and seismic security of communications equipment. In general, the Grand Jury found a lack of consistency among the PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK_LMBAvp [N VATYVtepons\Report GJ Disaster Prep 9-07.wpd] 4- E Reviewed by; Town Manager Assistant Town Manager Clerk Finance Community Development Rev: 8/30/07 5:18 pm Reformatted: 7/19/99 Fi[e# 301-05 PAGE2 MAYOR AND TOWN COUNCIL APPROVE RESPONSE TO SANTA CLARA COUNTY CIVIL GRAND JURY REPORT August 30, 2007 cities regarding personnel call back ability and the seismic security of communications equipment. The Grand Jury Report - Disaster Preparedness in the County: Improvements Needed, contains six factual findings and recommendations. The Town is required to respond to finding No. 6, which states nothing other than the extent of the investigation conducted by the Grand Jury, and recommendation No. 6, which requires an explanation of how the Town would respond to questions regarding personnel call back ability and seismic security of communications equipment. The Los Gatos/Monte Sereno Police Department is responsible for coordinating emergency response by the Town. The Police Department reports that it has already implemented a call back system by maintaining up-to-date personnel rosters in the Police Department dispatch center. The Department is also in the process of implementing an automated callback system. The proposed response also states that an evaluation of the seismic security of communications equipment with regard to section 1632 of Chapter 16 of the California Building Code will be undertaken by Town staff. Council approval of this response will also direct staff to undertake this evaluation. Attachments: 1. Grand Jury Report - Disaster Preparedness in the County: Improvements Needed 2. Proposed response t5 [ 1UR~ t i. 2007 May 22, 2007 VoR R r ,~VNI I COW- Honorable Joe Pirzynski Mayor Town of Los Gatos 110 East Main Street P.O. Box 949 Los Gatos, CA 95031 Dear Mayor Pirzynski and Members of the Town Council: The 2006-2007 Santa Clara County Civil Grand Jury is transmitting to you its Final Report, Disaster Preparedness in the County: Improvements Needed. California Penal Code § 933(c) requires that a governing body of the particular public agency or department which has been the subject of a Grand Jury final report shall respond within 90 days to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. California Penal Code § 933.05 contains guidelines for responses to Grand Jury findings and recommendations and is attached to this letter. PLEASE NOTE: 1. As stated in Penal Code § 933.05(a), attached, you are required to "Agree" or "Disagree" with each APPLICABLE Finding(s) E6. If you disagree, in whole or part, you must include an explanation of the reasons you disagree. 2. As stated in Penal Code § 933.05(b), attached, you are required to respond to each APPLICABLE Recommendation(s) R6, with one of four possible actions. Your comments are due in the office of the Honorable Catherine A. Gallagher, Presiding Judge, Santa Clara County Superior Court, 191 North First Street, San Jose, CA 95113, no later than Thursday, August 23, 2007 Copies of all responses shall be placed on file with the Clerk ofAe Court. Sincerely DONALD R. LAYMAN Foreperson 2006-2007 Civil Grand Jury RRL:dsa Enclosures (2) ,(e MR C,IL!cI )U11 Pl191 Noa tit PiR T SIRE 1_, S %N JOSE, CA i.ii o,=_:viA 98173 • (408) 882-2721. • [:A\ 882-2798 ~o Attachment 1 California Penal Code Section 933.05, in relevant part: 933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. i (ENDORSED) 2006-2007 SANTA CLARA COUNTY E D CIVIL GRAND JURY REPORT MAY 2 2 2001 KIRI TORRE Chief Executive Officer Superior Court of CA C unry of Santa Clara BY D. AI_DY~KI DEPUTY DISASTER PREPAREDNESS IN THE COUNTY: IMPROVEMENTS NEEDED Summary Disaster events that have occurred in Santa Clara County (County) have heightened interest in emergency preparedness. The umbrella organization for emergency services in the County is the Santa Clara County Office of Emergency Services (Emergency Services). This organization is augmented by the emergency services organizations of each of its fifteen cities. The 2006-2007 Santa Clara County Civil Grand Jury (Grand Jury) interviewed the director of Emergency Services for the County and the directors of a sampling of five cities within the County. The organizations reviewed are the County, the City of San Jose, the City of Sunnyvale, the City of Santa Clara, the City of Morgan Hill, and the City of Gilroy. These interviews, and review of pertinent documents, focused on three areas of emergency preparedness: personnel callback ability, equipment availability, and seismic security of communications equipment. The personnel callback ability refers to the ability of an agency to locate, contact, and advise employees of the type of emergency and to request their return to the workplace. Equipment availability refers to the availability of types of equipment lists, such as dozers, buses or water purification systems, knowledge of where the equipment is located, and knowledge of how to request and obtain the equipment. Seismic security of communications equipment refers to the presence of physical restraints to minimize damage to communications components during an earthquake. The Grand Jury found a lack of consistency in the attention given to two of the three areas of focus by the agencies reviewed. The Grand Jury made recommendations to improve emergency preparedness in these areas of focus: personnel callback, and seismic security of communications equipment. Discussion The 1.7 million residents of the County are susceptible to significant emergency events. These events could include earthquakes, weather extremes, floods, transportation accidents, toxic substance spills, terrorist attacks, and utility interruptions. The city and county governments have the responsibility to prepare for these events. They also have the responsibility to provide for various populations within the County that have limited mobility in the event of an emergency, including the sick and injured, the elderly, and those lacking transportation. Major areas of focus in this report are: (1) ability to call back personnel in the event of a major emergency, (2) equipment availability in the event of a major emergency, and (3) seismic security of communications equipment. The Grand Jury reviewed the County and five of its fifteen cities to determine their preparedness in the three major areas of focus. It is the intent of this report that pertinent information be used by the other ten cities to evaluate their own emergency preparedness. Government entities and their Emergency Operations Centers reviewed were: • City of Gilroy Emergency Operations Center • City of Morgan Hill Emergency Operations Center • City of San Jose Emergency Operations Center • City of Santa Clara Emergency Operations Center • City of Sunnyvale Department of Public Safety • Santa Clara County Emergency Operations Center Agencies whose staff members were interviewed can be found in the Interviews and Observations section of this report. Documents secured from each agency include: (1) Emergency Operations Plan, (2) personnel callback listings, (3) equipment availability lists, and (4) documents related to seismic security of communications equipment. Not all the agencies reviewed had current listings. Tours were made of all six of the emergency operations centers. The information gathered and the documents received are the bases for the Conclusions, Findings, and Recommendations below. The standards to which the seismic security of communications equipment is measured are listed in the California Building Code, Chapter 16. Section 1632 of this Chapter refers to nonstructural components supported by structures. Conclusions Ability to Call Back Personnel for Emergencies Not all government emergency operations centers surveyed have up-to-date, available information as to where their personnel live or how to contact them. Not all have a rapid means of summoning their workers in the event of an emergency. 2 Equipment Availability All emergency operations centers have listings of equipment and how to acquire additional equipment from the local area. All emergency operations centers are aware of the procedures available to acquire needed equipment through mutual aid from surrounding jurisdictions or through the County. Mutual aid is the response to one agency's request for needed services or supplies by another agency, either by another agency within the County or by one from outside the County. Seismic Security of Communications Equipment None of the sampled government emergency operations centers has been evaluated for the safety and survivability of their communications equipment during an earthquake. Few could even accurately define the applicable seismic standards to which their communications equipment installations were supposed to be measured. All of the communications equipment inspected had some means of securing it to the floor, a wall, and/or the ceiling. However, some equipment inspected had individual components that were unsecured. General All of the government entities reviewed had an Emergency Operations Plan, an Emergency Operations Center, and a designated Emergency Operations Coordinator or equivalent. In addition, all had thoroughly considered and clearly defined the potential emergency needs for their jurisdictions. 3 Findings The following findings were reviewed with the subject agencies: Ability to Call Back Personnel for an Emergency 171 Emergency Operations Centers of San Jose, Santa Clara, Sunnyvale and the County have personnel availability listings that record where their personnel currently live. The City of Gilroy has records that are not current. • The City of Gilroy has contact information. The information is not current, and callback is through a manual system. They also have a text-paging system that can be used when personnel can be reached by email. • The City of Morgan Hill's records are current. Callback is a manual system. • The City of Santa Clara has current information, but it is a manual system relying on a phone tree system. • The City of San Jose has printed cards with the information needed to manually call back their personnel. They maintain a list of "the line of succession" for key staff, along with all contact information for these employees. This list is updated on a regular basis. Some departments of the City have automated systems of callback. • The City of Sunnyvale has an automated system that can call a large group of employees simultaneously. The system automatically distinguishes whom to call, based on the type of incident and the size of response required. Personnel are required to update contact information regularly, which they can do on the City's website. • The County has the necessary records. Their callback system is a manual system. F2 The City of Sunnyvale Department of Public Safety and some departments of the City of San Jose have automated means of summoning their workers in the event of an emergency. However, the Emergency Operations Centers for the County and for the Cities of Gilroy, Morgan Hill, San Jose, and Santa Clara do not have automated means. Equipment Availability F3 The emergency operations centers of all the jurisdictions surveyed have listings of equipment within their control and are aware of the methods needed to obtain additional emergency equipment. 4 Seismic Security of Communications Equipment F4 There was no consistency among the jurisdictions surveyed as to the codes to which their communications equipment was installed. In response to questions regarding seismic audits to ensure survivability, most of the jurisdictions identified some code(s) to which their equipment was installed. The Grand Jury cannot determine if the codes cited by the jurisdictions provide the equivalent level of protection for the communications equipment as specified in California Building Code Chapter 16, Section 1632. • The City of Gilroy states that they comply with Section 1605.2 of Chapter 16, California Building Code. In addition, the City refers to Table 16K of the same chapter, which provides data on Occupancy Category/Essential Facilities, and Table 16S, which deals with Near Source Factor/Seismic Source Factor. • The City of San Jose states that the City "does adhere to all State seismic retrofit requirements for buildings at the time of construction" and "newer facilities are designed and constructed to meet or exceed seismic safety standards as public safety facilities..." They did not specify the standards to which they comply. • The City of Santa Clara states that they comply with Section 1632 of the California Building Code for seismic security of equipment. They further state that they use "industry standard" racks and mounting standards that secure the equipment to walls and/or ceilings. Internal audits and safety inspections of communications equipment are regularly conducted. • The City of Sunnyvale states that their facilities conform to the Uniform Building Code, 1991, including the seismic requirements of Section 2312 for Earthquake Zone 4. They also state that they comply with the seismic requirements of SB 239, Chapter 1521. Contracts with their communications equipment suppliers reference the above codes, plus a lengthy list of other building codes, National Fire Protection Administration technical requirements, Occupational and Safety Administration standards, and other standards. The City of Morgan Hill states that their facility meets the California Building Code standards as an essential facility. They further state that the seismic requirements for essential facilities were incorporated in the facility during reconstruction. • The County states that they know the standards and are in compliance. F5 All of the emergency operations centers surveyed have an Emergency Operations Plan and a designated Emergency Operations Coordinator ' or equivalent. F6 Five cities and the County were surveyed. There were ten cities within the County that were not surveyed, and the preparedness levels of these cities as related to the major areas of focus are unknown. 5 Recommendations The 2006-2007 Grand Jury recommends that the agencies take the following actions: R1 The Emergency Operations Center for the City of Gilroy needs to prepare availability lists showing the employees' current residence. All emergency operations centers should develop a procedure for keeping their listings current. R2 The Emergency Operations Centers for the Cities of Gilroy, Morgan Hill, San Jose, Santa Clara, and the County should consider developing automated or other rapid means of summoning their employees. R3 No recommendation. R4 The County and all of the surveyed cities should assure that they meet California Building Code Chapter 16, especially Section 1632 relating to the physical security of nonstructural equipment. R5 No recommendation. R6 The ten cities not reviewed in this report should examine their planning for disasters and determine if the above recommendations apply to them. 6 BIBLIOGRAPHY 2002-2003 Santa Clara County Civil Grand Jury. Inquiry into Computer Information Systems Disaster Recovery Plans. 2004-2005 Santa Clara County Civil Grand Jury. Confirmation of Responses to 2002- 2003 Santa Clara County Civil Grand Jury Recommendations. California Seismic Safety Commission. The Tsunami Threat to Califomia. http://www.seismic.ca.qov/pub/CSSC°102005-03°/o2OTsunami %20Findings pdf December 2005. California Uniform Building Code, Volume 2, Chapter 16, Structural Design Requirements, 2001. Dillon, Tim. Do We Have to Wait for Another National Emergency to Get Some of These Things Done? USA Today. September 14, 2005. Shunk, Kimberly. Golden Guardian 2006 Master Scenario of Events List (MSEL) Worksheet. November 14, 2006. Shunk, Kimberly. Email, San Jose Office of Emergency Services - Follow up to Golden Guardian 2006 Exercise. January 26, 2007. FEMA. Information Center for Natural Disasters. Hyperlinks to: Prepare for a Disaster, Determine Your Risk, Plan for Emergencies, Assemble Supplies, Protect Your Property, Are you Ready? and What FEMA Is Doing? Mitigation Activities hftp://www.fema.gov/pIan. November 21, 2006. Memorandum dated October 3, 2006, from Peter Kutras, Jr. to County of Santa Clara Board of Supervisors, Reorganization of the Office of Emergency Services in the Office of the County Executive. US Geological Survey. Earthquake Hazards Program - Northern California. http://quake.usgs.gov/prer)are/hazards.htmi. April 21, 2003. US Geological Survey. Earthquake Preparedness in California. http://pubs.usgs.gov/qip/2005/15. 2006. 7 Emergency Plans City of Gilroy City of Morgan Hill City of San Jose City of Santa Clara City of Sunnyvale Santa Clara County INTERVIEWS AND OBSERVATIONS September 6, 2006 Interviewed Staff, Santa Clara County Office of the Sheriff and Staff of the Santa Clara County Office of Emergency Services. Presentation to the 2006-2007 Grand Jury. October 4, 2006 Observed demonstration of the San Jose Police Department's emergency equipment operational capability. October 22, 2006 Interviewed Staff of Santa Clara Fire Department. November 3, 2006 Interviewed Staff of the Santa Clara County Office of Emergency Services, and Staff of Telecommunications for Santa Clara County. November 6, 2006 Interviewed Staff of the Sunnyvale Department of Public Service. November 15, 2006 Observed the Golden Guardian Multi-Agency Exercise and Simulations at Moffett Field. November 17, 2006 Interviewed Staff of City of San Jose Office of Emergency Services. January 5, 2007 Interviewed Staff of Morgan Hill Police Department. January 5, 2007 Interviewed Staff of the Gilroy Fire Department. January 23, 2007 Interviewed Staff of Emergency Services Department, Gilroy Police Department. 8 PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 24th day of April 2007. Rona . Lay an Foreperson & 6-- David M. Burnham Foreperson Pro tem K~athryn C. hilp Secretary 9 September 5, 2007 TOWN OF Los ATOs OFFICE OF THE TOWN ATTORNEY CPnCCENrER (408) 354-6880 110 E. MAIN STREET P.O. Box 949 FAX: (408) 354-8431 Los GATOS, CA 95031 The Honorable Catherine A. Galagher Superior Court Building - Dept. 20 191 North First Street San Jose. California 95113 Subject: 2006-2007 Santa Clara County Civil Grand Jury Final Report - Disaster Preparedness in the County: Improvements Needed Dear Judge Galagher: Pursuant to Penal Code section 933(c), the Town of Los Gatos ("Town") responds to the above referenced final report of the 2006-2007 Civil Grand Jury as follows: Finding,s F6: The Town agrees with the finding. Recommendations R6: The Town has implemented the recommendation. The Los Gatos/Monte Sereno Police Department has a method to call back personnel by maintaining regularly updated personnel rosters and collateral personnel rosters which are immediately available to the dispatch team. The Town is currently negotiating with products vendors and telecommunications companies for the development of a system and phone subscriber information necessary to allow automated summoning of employees. An evaluation of the seismic security of communications equipment with regard to section 1632 of Chapter 16 of the California Building Code will be undertaken by Town staff, to be completed within six (6) months of this response. Should you have any questions, please do not hesitate to contact me. Very truly yours, ORRY P. KORB Town Attorney OPK:pg Attachment 2 cc: Mayor and Town Council Pamela Jacobs, Town Manager Scott Seaman, Chief of Police - Los Gatos/Monte Sereno Police Department INCORPORATED AUGUST 10, 1887 ®4t