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HomeMy WebLinkAbout1980-06-03; City Council; 3426-1; Renewal of Mutual Fire Protection Aid Agreement State of California Department of ForestryCITY OF CARLSBAD AGENDA BILL NO.,? qInitial: DATE: JUNE 3, 1980 Dept. Nd.� .�f DEPARTMENT: Fire City AttyCity Mgr.-� Subject: Renewal of Mutual Fire Protection Aid Agreement between the City of Carlsbad Fire Department and the State of California, Department of Forestry Statement of the Matter The present Mutual Fire Protection Aid Agreement between the City of Carlsbad Fire Department and the State of California, Department of Forestry will expire on July 16, 1980. The agreement provides us with more resources (manpower, water tankers, air tankers, bulldozers) to combat wildiand fires that develop or extend beyond local capabilities. During the past two years we have requested and received State mutual aid three (3) times; during this same period the State has not requested our assistance. The State has provided an extension of the present agreement for another five year period which is attached as Exhibit A, and asks that we complete along with a resolution authorizing the agreement and the signature. Exhibits: A. Agreement for Mutual Fire Protection Aid with explanatory correspondence B. Resolution No. 1 a03 Fiscal Impact: None Recommendation: That the City of Carlsbad adopt Resolution o20 3 approving a five year agreement for Mutual Aid between the City of Carlsbad and the State of California, Department of Forestry. Council Action: 6-3-80 Council adopted Resolution 6203, approving a five-year agreement for Mutual Aid between the City and the State of California, Department of Forestry. IAN 004 STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JL, Gomm - DEPARTMENT OF FORESTRY 2249 Jamacha Road E1 Cajon, CA. 92020 (714) 442-0874 May 8, 1980 7100 COOPERATIVE FIR£; PROT 7150 Mutual Aid Agreement City of Carlsbad Fire Dept. Chief James K. Thompson 1275 Elm Ave. Carlsbad, CA 92008 Chief Thompson: The Mutual Fire Protection Aid Agreement between the City of Carlsbad Fire Department and the State of California, Depart- ment of Forestry is due for renewal. Attached are five (5) copies of this agreement for mutual fire protection aid. One copy may be retained by you. Return four (4) copies which have been signed and filled out, together with four (4) copies of a resolution authorizing the agreement and the signature. The original completed copy will be returned to you. Sincerely, JAMES G. DYKES Ranger -In -Charge By: C. E. TOY Administrative Officer fl attachments CONSERVATION IS WISE USE—XEEP CALIFORNIA GREEN AND GOLDEN i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF FORESTRY FOR MUTUAL FIRE PROTECTION AID, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and the State of California, Department of Conservation, Division of Forestry, for mutual fire protection aid, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 3. That the City Clerk is directed to forward four copies of the agreement and four copies of this resolution to the State Forest Ranger for execution on behalf of the State and return to the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of June , 1980, by the following vote, to wit: AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and Kulchin . NOES: None ABSENT: None RONALD C. PACI:ARD, Mayor ATTEST: 4TZHA L. RAUTENKRANZ, City Clerk (SBAL) 1-1, r "•" l S AGREEMENT FOR MUl'UAL FIRE PROTECTION AID i THIS AGREEMENT, made and entered into this 17th day of JULY 19 80 i by and between the CITY OF CARLSBAD FIRE DEPARDMNT and the { STATE OF CALIFORNIA, DEPAMIENT OF FOREMY, through its duly qualified and acting Director, hereinafter called FORESTRY. y W_IT_N_ES_SET11: M��, The City of Carlsbad _ Y ` _ r maintains MS and operates a fire protection organization in the area generally known as City of Carlsbad Fire Department and WHEREAS, FORESTRY maintains and operates a fire protection organization for the purposo of providing protection to State responsibility lands which are adjacent or ? } -proximate to the area protected by CITY OF CARLSBAD FIRE DEPARTMENT and P a, WHEREAS, it is the desire of the parties hereto to render aid each to the other to combat the effect of fire when such aid is necessary as herein set forth, and w` WHEREAS, the parties hereto desire to effect the purpose of this agreement pursuant to the provisions of the "Joint Exercise of Power Act" (Gov. Code Sec. 6500-6547) and Section 130SO Health and Safety Code s NOW, TIIEREFORE, the parties horoto mutually agree as follows: + 1. To furnish fire protection personnel, equipment, materials, and supplies ` and to render such fire protection services to each other as may be necessary to suppross fire of a magnitude that has developed, or appears likely to develop, beyond the control of a single party and therefore ' r <, requires the combined forces of the parties hereto. y' 2. Such mutual aid shall be provided within thu limits of the County of r SAN DIEGO provided, however, that neither party shall be r required to deplete its own fire protection resources,,personnol, services and facilities to the detriment of its normal fire protection responsibilities. 3. No response to a mutual aid request provided for in this agreement will t:e made by the parties hereto unless such request is received throtigh the establishad • communication channels common to each party and s+de by a responsible fi,ro official of the party requesting such uid. t 39M j . 4. That any mutual aid extended under this agreement is extended with 1'e ep�ress understanding that the responsible local fire official (in whew jurisdiction an incident requiring mutual aid has occurred) shall remain in charge at such incident including the direction of that personnel and i equipment provided him through the operation of this mutual aid agreement. 1 S. Except as may be provided by separate agreemenC between the parties hereto, the assurance of mutual aid set forth herein shall constitute the sole consideration for the performance hereof and neither party shall be obligated to reimburse the other on account of any action taken or aid rendered hereunder or for any use of materials, damage to equipment or liability incurred which may occur in the course of rendering the firefighting assistance herein provided for. { 6. This agreement shall remain in full force and effect for a period of five years from the date hereinabove written unless sooner terminated 0 + by either of the parties hereto giving to the other fifteen (15) days notice in writing of such termination. } IN WITNESS MERCOF, the parties hereto have caused this agreement to be executed as of the day and year first hereinabove written. i ! � .��C /C. •�K4t� Fy BY MAYOR By Authorized Representative STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTliENT OF FORESTRY State Forest Ranger