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HomeMy WebLinkAbout1985-08-27; City Council; 3426-2; Renewal of Mutual Fire Protection Aid Agreement State of California Department of ForestryC17'*' OF CARLSBAD -- AGENE""BILL AB6 -1.2 I TITLE: RENEWAL OF MUTUAL FIRE PROTECTION AID DEPT. HD. MTG. 8/27/85 AGREEMENT BETWEEN THE CITY OF CARLSBAD CITYATTY FIRE DEPARTMENT AND THE STATE OF 15EPT. FIR I CALIFORNIA DEPARTMENT OF FORESTRY J CITY'MGR.a//- RECOMMENDED ACTION: Adopt Resolution No. P S-5� approving a five year agreement for mutual aid between the City of Carlsbad and the State of California, Department of Forestry. ITEM EXPLANATION: The present Mutual Fire Protection Aid Agreement between the City of Carlsbad and the State of California, Department of Forestry expired on July 16, 1985. The Agreement provides the City with more resources (water tankers, air tankers, brush trucks, bulldozers, personnel) to combat wildland fires that develop or extend beyond our capabilities. The City has structural fire fighting equipment that could be requested by the Department of Forestry. The State has approved an extension of the present Agreement for another five year period. It is recommended the City Council approve the attached. Agreement. FISCAL IMPACT: Some, costs for overtime pay for personnel can be anticipated when CaMsbad responds to other areas of the County to render aid. It is difficult to estimate those costs, however, we would not expect it to exceed $2, 500 in any given year. Costs can also be incurred ,for -air drops or special crews for cutting fire breaks. We have incurred costs ($649) only once during the past five years. EXHIBITS: 1. Resolution No. 2. _Mutual. Fire Protection Aid Agreement. Z O H U a U Z n O u 0 i_11 RESOLUTION NO. _ 8155 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF 3 CARLSBAD AND THE STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF FORESTRY FOR MUTUAL FIRE 4 PROTECTION AID, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 5 6 The City Council of the City of Carlsbad, California, does hereby 7 resolve as follows: 8 1. That that certain agreement between the City of Carlsbad and the 9 State of California, Department or Conservation, Division of Forestry, for 10 mutual fire protection aid, a copy of which is attached hereto as Exhibit A, 11 and incorporated herein by reference, is approved. 12 2. That the Mayor of the City of Carlsbad is hereby authorized and 13 directed to execute said agreement for and on behalf of the City of Carlsbad. 14 3. That the City Clerk is directed to forward one copy of the agreement 15 and one copy of this resolution to the State Forest Ranger. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the 17 Carlsbad City Council held on the 27th day of August 1985, 18 by the following vote, to wit: 19 j AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 20 NOES: None 21 ABSENT: None 22 MARY H. PASLER, Mayor 23 ATTEST: 24 25 A ETHA L. RAUT NKRANZ, City lerk 26 27 (SEAL) 28 RECEIVED AUG 51985 STATE OF -CALIFORNIA—THE RESOURCES AGEN(-. GEORGE DEUKMEJIAN, Governor DEPARTMENT OF FORESTRY=9 2249 Jamacha Read. Hal . jon.j (', al lfornia 92020 Telephone (619) 588-0364 July 31, 1985 Chief James Thompson Carlsbad Fire Department 1275 Elm Street Carlsbad, California 92008 Dear. Chief Thompson: The current Mutual Aid Agreement between your department and the California Department of Forestry has expired. Attached are ,two copies of a new agreement extending that mutual aid for five (5) years. After your review and concurrence, please return one signed copy to this office. If you have any questions, contact Cperations Chief George Toussaint at (619) 588-0364. GAT:pmb Attachments Sincer y, t2TTT NEAL Ranger -In -Charge CONSERVATION IS WISE USE —KEEP CALIFORNIA GREEN AND GOLDEN rj AGREEMENT FOR MUTUAL FIRE PROTECTION AID THIS AGREEMENT, made this 17th _day of July 1985, by and between the CITY OF CARLSBAD FIRE DEPARTMENT , and the STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, through its duly qualified and acting Director, hereinafter called FORESTRY. W I T N E S S E T H: WHEREAS: 1. THE CITY OF CARLSBAD maintains and operates a fire protection organization in the area generally known as the CITY OF CARLSBAD ; and 2. FORESTRY maintains and operates a fire protection organization for the purpose of providing basic wi,ldland fire protection to State Responsibility Area lands which are adjacent or proximate to the area protected by the CITY OF CARLSBAD ; 3. 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 4. The parties hereto desire to effect the purpose of this agreement pursuant to the provisions on the "Joint Exercise of Power Act" (Gov. Code Section 6500-6547) and Health and Safety Code Section 13050. NOW THEREFORE, the parties hereto mutually agree as follows: 1. To furnish fire protection personnel and equipment and to render such fire protection services to each other as may be necessary to suppress fire of a size beyond the control of zither of the parties hereto acting with - put the assistance of the other and control of which therefore requires assistance from the other. 2. Such mutual aid shall be provided within the limits of the County of San Diego; provided, however, that neither party shall be required to reduce its own fire protection resources personnel, services, and facilities to the detriment of its normal fire protection capability. 3. No response to a mutual aid request provided for in this agreement will be made by the parties here unless such request is received through the established communica- tion channels common to each party and made by a responsible fire official of the party r4questing such aid. 4. That any mutual aid extended under this agreement will be extended pith the express understandinc that the fire official in charge (in whose jurisdiction a fire requiring mutual aid occurs) shall remain in charge at such fire including the direction of personnel and equipment provided through the operation of this mutual aid agreement. 5. Except as may be provided by separate agreement 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 obli- gated to reimburse the other for any action taken or aid rendered hereunder, or for any use of material, damage to equipment, or liability incurred which may occur in the course of rendering the fire fighting assistance herein provided for. 6. That certain specialized types of fire protection resources may not be made available subject to the provisions of this agreement, and that such resources will be available only on a reimbursement basis. 7. This agreement shall remain in full force and effect for a period of five (5) years from the date hereinabove written unless sooner terminated by either of the parties giving to the other fif tenn (.15) days written notive of such termination. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first hereinabove written. STATE OF CALIFORNIA DEPARTMENT OF FORESTRY BY: 05� - Signa Printe Name: BARRITT N L Title:_ State Forest Ranger IV CITY OF CARLSBAD BY: Signature: Printed Name: M,r�J Title: Mayor