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HomeMy WebLinkAboutVista Fire Protection District; 1965-06-01;J. ,H. FOTHERINGHAM. MAYOR COL. F. E. GILLETTE, MAYOR PRO TEMPORE FLOYD M. CUNNINGHAM. COUNCILMAN HARRISON DOYLE. COUNCILMAN JUSTIN G. GOOSTREE, COUNCILMAN August 28, 1964 LETHA D. FINCH, Cll’f CLERK -TREASURER DON MARTINSON, CITY ATIORNEY MAX C. TAYLOR, ClTY AWdINISTRA,‘OR P. 0. BOX 188 880 E. VISTA WAY VISTA, CALIF. 92083 PHONE: 924.8585 John Mameaux, City Manager City of Carlsbad Dear John: Here is a copy of our mutual assistance program with the City of Oceanside, which I would like to have you consider for possible execution with your City. We can talk about it at your convenience. &&fq Max Taylor -- RESOLUTION NO. 64-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA AUTHORIZING THE EXECUTION OF A MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF OCEANSIDE The City Council of the City of Vista does hereby resolve as follows: WHEREAS, the City of Vista and the City of Oceanside each maintain equipment and personnel for the supression of fires within their own jursidiction and areas; and WHEREAS, each of said c&ties desires to augment the fire protection available in the City of Vista, California, and the City of Oceanside, California, in the event of conflagrations and attendant emergencies; and WHEREAS, the lands of each of said cities are in close proldmity so that mutual assistance in a fire emergency is deemed feasible; and WHEREAS, it is the policy of municipalities and other districts and of their govern- ing bodies to conclude such agreement wherever practicable; and WHEREAS, it is mutually deemed sound, desirable, practicable and beneficial for the City of Vista and the City of Oceanside to render assistance to one another in accordance with certain terms specified in the Agreement for such assistance which is attached hereto and made a part hereof as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vista that the Mayor of the City of Vista is hereby authorized and directed to execute an agreement for fire fighting assistance between the City of Vista and the City of Oceanside, said Agree- ment being attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Vista at a regular meeting thereof held this 14th day of July, 1964, by the following roll call vote: AYES : COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: J. H. Fotheringham, MAYOR ATTEST: Letha D. Finch, CITY CLERR rc- --w MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1964, by and between the City of Vista, California, and the City of Oceanside, California NITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the supression of fires within its own jurisdiction and areas; and WHEREAS, the parties hereto desire to augment the fire protection available in the City-of Vista, California, and the City of Oceanside, California, in the event of conflagrations, and attendant emergencies; and WHEREAS, the lands of the parties hereto are in close proximity so that mutual assistance in a fire emergency is deemed feasible; and WHEREAS, it is the policy of municipalities or other districts and of their gov- erning bodies to conclude such Agreements wherever practicable; and WHEREAS, it is mutually deemed sound, desirable, practicable and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms; THEREFORE, BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire department belonging to a party to this Agreement, or by the senior officer of any such fire department actually present at any fire, to request fire fighting assistance under the terms of this Agreement, he is authorized to do so, and the senior officer on duty of the fire department receiving the request shall forthwith take the following action: a. Immediately determine if apparatus and personnel can be spared in response to the call. b. What apparatus and personnel might most effectively be dispatched. c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation in accordance with this Agreement by the technical heads of the fire departments involved. d. Forthwith dispatch such apparatus and personnel as, in the judge- ment of the senior officer receiving the call, should be sent, with complete instructions as to the mission, in accordance with the terms of this Agreement. Provided, however, that when a call for assistance is received by the City of Vista Fire Department, it shall be referred at once to the City Administrator or his designated representative, before any equipment or personnel is dispatched; and provided further, when a call is received by the City of Oceanside Fire Department, it shall be referred at once to the City Manager or the Assistant City Manager before any equipment or personnel is dispatched. -l- \ . -- - ..a . . . 2. The rendering of assistance under the terms of this Agreement rests solely in the discretionary determination of the parties concerned as to the availability of such service at the time of the fire, but the party receiving the request for assistance should immediately inform the requesting service, if, for any reason, assistance cannot be rendered. 3. a. Each party to this agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement. b. All services performed under this Agreement shall be rendered without reim- bursement of either party or parties. 4. The technical head of the fire department of the requesting service shall assume full charge of the operations, but if he specifically requests a senior officer of a fire department furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation. Provided, that the apparatus, per- sonnel and equipment of the agency rendering assistance shall be under the immediate supervision of and shall be the immediate responsibility of the senior officer of the fire department rendering assistance. 5. The technical heads of the fire departments of the parties to this Agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of opera- tions shall become effective upon ratification by the signatory parties. . 6. This Agreement shall become effective upon the date hereof and shall remain in full force and effect until cancelled by mutual agreement of the parties hereto or by, written notice by one party to the other party, giving ten days notice of said cancella- tion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at , on the day of , 1964. J. H. Fotheringham, MAYOR CITY OF VISTA Erwin Slclar, MAYOR CITY OF OCEANSIDE -2- January 21, 1965 Mr. Max C. Taylor City Administrator city of vista P, 0. Box 188 Vista, Callfornia Dear Mr. Taylor:- ~ ,I .: .,, . . Transnltted herewfth 9s the orlglnal Mutual Aid Fire Ffghting Agreement between the two titles, which has been properly executed by the City of Carlsbad, Also enclosed is a certjfied copy of Resolution No. 1095, authorfzing the execution of the agreement. Yours very truly, JOHN 3. MAMAUX City Manager JJM:RM Enclosures - 2 J.JY. FOTHERINGHAM. MAYOR COL. F. E. GILLETTE. MAYOR PRO YEMPORE FLOYD M. CUNNINGHAM, COUNCILMAN HARRISON DOYLE, COUNClLMAN JUSTIN 0. GOOSTREE. COUNtlLMAN January 13 , 196 ,- LETH DON MAX A M C. D. FINCH, CITY CLERK - YREASU IARTINSON, CITY ATTORNEY TAYLOR. CITY ADMlNWTRATOR P. 0. BOX 188 888 E. VISTA WAY VISTA, CALIF. 9’2083 PHONE: r124-8585 John Mamaux, City Manager City of Car&bad 2960 Pio Pica Drive Carlsbad, California Dear John: I am enclosing a certified copy of Resolution No. 65-4, authorizing the Mayor to execute a Mutual Aid Fire Fighting Agreement between our two cities. Two signed copies of this agreement are enclosed. Please execute the original and return it to this office for our records. The City of Vista is happy to cooperate in all such matters of mutual interest. Very truly, Max??Z$!k . City Administrator IRER MCT/sdc Encl. MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT THIS AGBEEMENT, made and entered into this 19th day of ,Ja n uary , 1965, by and between the City of Vista, California, and the City of Carlsbad, California WITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the supression of fires within its own jurisdiction and areas; and WHEREAS, the parties hereto desire to augment the fire protection available in the City of Vista, California, and the City of Carlsbad, California, in the event of conflagrations, and attendant emergencies; and WHEREAS, the lands of the parties hereto are in close proximity so that mutual assistance in a fire emergency is deemed feasible; and WHEREAS, it is the policy of municipalities and of their governing bodies to conclude such agreements wherever practicable; and WHEREAS, it is mutually deemed sound, desirable, practicable and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms; THEREFORE, BE IT AGREED THAT: ' 1. Whenever it is deemed advisable by the senior officer of a fire department belonging to's party to this Agreement, or by the senior officer of any such fire department actually present at any fire, to request fire fighting assistance under the terms of this Agreement, he is authorized to do so, and the senior officer on duty of the fire department receiving the request shall forthwith take the following action: a. Immediately determine if apparatus and personnel can be spared in response to the call. b. What apparatus and personnel might most effectively be dispatched. c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation in accordance with this Agreement . by the technical heads of the fire departments involved. d. Forthwith dispatch such apparatus and personnel as, in the judgement of the senior officer receiving the call, should be sent, with com- plete instructions as to the mission, in accordance with the terms of this Agreement. Provided, however, that when a call for assistance is received by the City of Vista Fire Department, it shall be referred at once to the City Administrator or his designated representative, before any equipment or personnel is dispatched; and provided further, when a call is received by the City of Carlsbad Fire Department, it shall be referred at once to the C 1 </ m mh3e-z- before any equipment or personnel is dispatched. -l- * ’ - . 1 2. The rendering of assistance under the terms.of this Agreement rests solely in the discretionary determination of the parties concerned as to the availability of such service at the time of the fire, but the party receiving the request for assis- tance should immediately inform the requesting service, if, for any reason, assistance cannot be rendered. 3. a. Each party to this Agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement. b. All services performed under this Agreement shall be rendered without reimbursement of either party or parties. b. The technical head of the fire department of the requesting service shall assume full charge of the operations, but if he specifically requests a senior officer of a fire department furnishing assistance to assume command, he shall not, by relin- quishing command, be relieved of his responsibility for the operation. Provided, that the apparatus, personnel and equipment of the agency rendering assistance shall be under the immediate supervision of and shall be the immediate responsibility of the senior officer of the fire department rendering assistance. 5. The technical heads of the fire departments of the parties of this Agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon ratification by the signatory parties. 6. This Agreement shall become effective upon the date hereof and shall remain in full force and effect by written notice by one cancellation. IN WITNESS WHEREOF, Carlsbad, California until cancelled by mutual agreement of the parties hereto or party to the other party, giving ten days notice of said the parties hereto have executed this Agreement at 9 on the 19th day of January , 1965. CITY OF' CARLSBAD RESOLUTION NO. 65-4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA AUTHORIZING THE EXECUTION OF A MUTUAL,FIRE FIGHTING ASSISTANCE AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF CARLSBAD The City Council of the City of Vista does hereby resolve as follows: WHEREAS, the City of Vista and the City of Carlsbad each maintain equipment and personnel for the supression of fires within their own jurisdiction and areas; and WHEREAS, each of said agencies desires to augment the fire protection available in the City of Vista, California, and the City of Carlsbad, California, in the event of conflagrations and attendant emergencies; and WHEREAS, the lands of each of said agencies are in close proximity so that mutual assistance in a fire emergency is deemed feasible; and WHEREAS, it is the policy of municipalities and of their governing bodies to conclude such agreements wherever practicable; and WHEREAS, it is mutually deemed sound, desirable, practicable and beneficial for the City of Vista and the City of Carlsbad to render assistance to one another in accordance with certain terms specified in the Agreement for such assistance which is attached hereto and made a part hereof as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vista that the . Mayor of the City of Vista is hereby authorized and directed to execute an agreement for fire fighting assistance between the City of Vista and the City of Carlsbad, ,said Agreement being attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Vista at a regular meeting thereof held this 12th day of Januarv s 1965, by the following roll call vote: AYES: COUNCILMEN: Gillette, Goostree, Doyle, Cunningham, and Fotheringham NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None /s/ J. H.: Fotherinpham J. H. Fotheringham, MAYOR ATTEST: . /s/ Letha D. Finch Letha D. Finch, CITY CLERK . . , STATE OF CALIFORNIA, COUNTY OF SAN DIEGO “’ I, LETHA D. FINCH, City Clerk of the City of Vista, County of San Diego, State of Cali- . fornia, hereby certify that I have compared the foregoing copy with the original -!!?!!?%~~~?? passed and adopted by said City Council, at ____ !!-?!?@!?ri3r: _____________ _ meeting thereof, at the time and by the vote therein stated, which original ____ !!%!!&&%! __________ is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Vista, this ..%!?day of ..__ _.___ .__..__.. F .______.___.___. January 16b65 (SEAL) &-A22 City Clerk ADDENDUM TO MUTUAL FIRE FIGHT- 42 "I ING ASSISTANCE AGPtEEMENT /I/ 4/ 3 ),~ d I/ THIS AGREEMENT, made and entered into this / l’ day of k .;$*e > 1965, by and between the City of Vista, the Vista F&e Protection District, and the City of Carlsbad, California. WHEREAS, the r*t -1 y of Vista ad the City of Carlsbad, Calif- ornia, have heretofore entered into a mutual fire fighting assistance agreement. Said agreement being dated January 19, 1965; and, WHEREAS, the City of Vista and the Vista Fire Protection District have heretofore entered into an agreement wherein and whereby the City of Vista will provide fire protection for the City of Vista and for the areas within the boundaries of the 8 Vista Fire Protection District. Said agreement further pro- vides that the City of Vista shall have the use of the equipment for fighting fires owned by said fire district; and, WHEREAS, it is deemed mutualy sound, desirable, practical and beneficial for the Vista Fire Protection District to be made a party to the mutual fire fighting assistance agreement heretofore executed by and between the City of Vista &d the City of Carlsbad, California dated January 19, 1965. NOW, THEREFORE, BE IT AGFiEED THAT: 1. The mutual Fire Fighting Assistance Agreement between the City of Vista, California and the City of Carlsbad, California, shall be amended to include as a party thereto the Vista Fire Protection District. 2. The mutual assistance provided for in the January 19, 1965, agreement shall apply to the area within the boundaries of the Vista Fire Protection District. 3. In all other respects the agreement dated January 19, 1965, by and between the City of Vista, California and the City of Carlsbad, California, is hereby approved and confirmed. -l- -_- .- IN WITNESS WHEREOF, the parties hereto have ex$cuted this Agreement at San Diego County, California, this i G-4 day of , 1965. try& California ,;:/ __ ,,’ 2x>. ‘-,y/ (.2 5’ -\ I -r:i, -.*, I k”: c, ’ r, Presider& Bdard of Directors Vista Fir; Protection District -2- RESOLU'T~ON -NO. 65-41 RESOLUTION OF THE CITY COUWXL OF THE CI171 OF VISTA HEREBY AUTHORIZXNG AND DltRECTZNG THE MAYOR OF 'WE CITY OF VISTA TO EXECUTE THAT CERTAIN AGREEMENT BETWEEN THE CXTY OF VISTA, THE CITY OF CARLSBAD, CALIFORNLA AND THE VISTA FIRE PROTECTION DI8TRICT FOB TJ3E ADDITION OF THE VISTA FE#I PROTECTXON DWTRICT TO THE MUTUAL FIRE FIGHTXNG ASSISTANCE AGREEMENT DATED JANUAFiY 19, 1965. BE IT RESOLVED BY the C%ty CouncLl of the City of ViMa aa follc5wo: SectioTk 1. The mayor of the City of Vista is hereby author- iced and directed to execute 'that certain agreement between the city of Vista, California and the City of Carlabad, (Mffornta, land the Vista Fire Protection District a copy which is attached hereto a8 Exhibit "A." PASSED AND ADOPTED THIS I1 day of May, 1965, by the follow ing roll call vote: AYESz COUNCILMEN: Goostree, Doyle, and Fotheringham NOES : COUNCILMEN: None ABSENT : COUNCILMEN: Cunningham and Gillette /s/ J. H. Fotheringham bYQr ATTEST /s/ Letha D. Finch City Clerk 'r STATE OF CALIFORNIA. COUNTY OF SAN DIEGO “’ I, LETHA D. FINCH, City Clerk of the City of Vista, County of San Diego, State of Cali- Resolution fornia, hereby certify that I have compared the foregoing copy with the original ____ ____________________ passed and adopted by said City Council, at ____ !?!g!!?!? ____ _ _________ meeting thereof, at the time Resolulzion and by the vote therein stated, which original _____________ _ ______________________ is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Vista, this -..!?hday of _____ !!?!?.??? .____ _ ____. (SEAL) ,..I I. .- * 6fiIc2Ld _e_- _- - - -... -__- -_- City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 2E 29 3c 33 3s JACK L. POWELL DON MARTINSON ATTORNEYS AT LAW 365 BROADWAY VISTA, CALIFORNIA 92083 726-2260 May 19, 1965 City of Carlsbad 2960 Pio Pica Drive Carlsbad, California 92008 Enclosed please find three copies of each of the following: Resolution No. 6-65, Resolution of the Board of Directors of the Vista Fire Protection District; Resolution No. 65-41, Resolution of the City Council of the City of Vista; and Addendum to Mutual Fire Fighting Assistance Agreement between the City of Vista, the Vista Fire Protection District, and the City of Carlsbad. Please execute all three copies of each of the aforementioned. Retaining one copy of each, return two copies of each to the City of Vista together with a Resolution by your governing board authorking execution of said agreement. DON Martinson, City Attorney of Vista DM:js Enclosures PC, .~ j’ : . :,_I 77 June 15, 1965 Mrs. Letha D. Finch, City Clerk city of Vista 888 East Vista May Vista, California Dear Mrs. Finch: , Transmitted herewith are two executed copies of the Addendum to Mutual Fire Fighting Assistance Agreement, together with cert1fie.d copies of Resolution no. 1157, in accordance with Mr. Don Martinson's instructions of May 19, 1965. Yours very truly, MARBARET E. ADAMS City Clerk MEArma Enclosures - 2 January 21, 1965 Mr. Max C. Taylor City Administrator city of vista P. 0. 80x 188 Vista, California Dear Mr. Taylor: Transmitted herewith is the original Mutual Aid Fire Fighting Agreement between the two cities, which has been properly executed by the City of Carlsbad, Also enclosed is a certified copy of Resolution No. 1095, authorizing the execution of the agreement, Yours very truly, JOHN J. MAMAUX City Manager JJM:ma Enclosures - 2 )! $ c,.:-$2 fJ Gj / li Tr Ii t j: / j :J i,! 1 1/ ~~~~~~TI~~ P&s, lUS@ -- _-- fm.- v.“‘~~.C 2 ’ j ~~,~,~~~~~~~~ 6’LF Trn? 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