County of San Diego - Fire Mutual AidRESOLUTION NO. 92 -179
W
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING THE SAN DIEGO COUNTY
MASTER MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS
AND AUTHORIZING THE CITY MANAGER AND THE
DIRECTOR OF SAFETY SERVICES TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
AND RESCINDING RESOLUTION NO. 303
WHEREAS, it is reasonable to anticipate there will occur
within the City of Poway a fire or other emergency which may
result in a disaster, of any type, the control of which will
exceed the resources of the City of Poway Fire Deprtment, but
which is of a lesser nature than a disaster requiring a
declaration of a state of extreme emergency; and
WHEREAS, other City Fire Departments and Fire Protection
Districts face potentially similar problems; and
WHEREAS, there is an existing Fire Mutual Aid System for City
Fire Departments and Fire Protection Districts, where they can
voluntarily assist each other without imposing an obligation or
liability because of that assistance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA,
SECTION 1. That the San Diego County Master Mutual Aid
Agreement for Fire Departments designated as "Exhibit A" and
attached to this Resolution, is hereby approved and the City
Manager and the Director of Safety Services are authorized to
execute the Master Mutual Aid Agreement and to carry out such
activities as provided under the Agreement on behalf of the City
of Poway.
SECTION 2. That Mark A. Sanchez, Director of the Department
of Safety Services, is designated to serve as the representative
of the City of Poway on the Fire Advisory Committee responsible
for the administration of said Agreement.
SECTION 3. Resolution No. 303 is hereby rescinded.
Resolution No. 92 -179
Page 2
PASSED, ADOPTED AND APPROVED, by the City Council of the City
of Poway, California, at a regular meeting thereof this 22nd day
of September 1992. n
ATTEST:
Marjorie K. Wahlsten, City Clerk
L
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution No. 92 -179, was duly adopted by the City Council at a
meeting of said City Council held on the 22nd day of September ,
1992, and that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: KINTYRE
APPROVED:
Marjorie . Wahlsten, City Clerk
City of P way
AIJ
EXHIBIT "A"
SAN DIEGO COUNTY
FIRE MUTUAL AID AGREEMENT
THIS AGREEMENT made and entered into by and between the County
of San Diego, the undersigned Cities, Fire Protection Districts,
Public or Private Fire Departments and Political Subdivisions
within the San Diego County;
WITNESSETH
WHEREAS, it is necessary that the Fire Protection Resources
and Facilities of the County of San Diego, Cities, Fire Protection
Districts, Fire Departments, and other Political Subdivisions
within San Diego County entering into this Agreement be coordinated
and be made available to prevent and combat the effect of fire or
other emergency which may result from a disaster within the limits
of the County of any type of a lesser nature than a disaster
requiring a declaration of a State of Extreme Emergency; and
WHEREAS, it is desirable in the event such a disaster should
occur that each of the parties hereto should voluntarily aid and
assist one another by the interchange of Fire Protection and Rescue
Services and facilities to cope with the problems which may arise
in the event of disaster; and
WHEREAS, it is necessary and desirable that a cooperative
agreement be executed for the interchange of such Mutual Aid on a
local and County -wide basis;
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and
all of the parties hereto as follows:
1. AUTHORITY: This Agreement is made pursuant to the
California Emergency Services Act, Chapter 7, Division 1 of the
Government Code (commencing with Section 1500). It is an exercise
of Mutual Aid powers authorized by Section 9616 thereof, and is
intended to supplement, not to replace, other Mutual Aid or
Automatic Aid Agreements which now exist between various entities
in San Diego County.
0� ...e
2. SCOPE OF AGREEMENT: It is the intent of the parties to
establish a system of Mutual Aid which will be effective during
conditions of local peril, local emergency or local disaster as
those terms are defined in Section 1505 of the California Emergency
Services Act.
3. AID TO BE FURNISHED: Each party agrees to furnish Fire
Protection Personnel, Resources and Facilities and to render such
Fire Protection and Rescue Services to each and every other party
to this Agreement as may be necessary to prevent and combat any
type of disaster of a lesser nature than a disaster requiring a
Declaration of a State of Extreme Emergency within the limits of
San Diego County, in accordance with an Operational Plan to be
adopted pursuant to this Agreement, (hereinafter referred to as
the San Diego County Fire Mutual Aid Operational Plan - Annex B),
detailing the manner by which such Personnel, Resources and
Facilities are to be made available and furnished; provided
however, that no party shall be required to deplete unreasonably
its own Fire Protection Resources, Personnel, Services and
Facilities in furnishing such Mutual Aid; and provided that the
determination of such party as to the extent to which it can
furnish Mutual Aid without depleting unreasonably its own Fire
Protection Resources, Personnel, Services and Facilities shall be
final and conclusive.
4. CONSIDERATION: The consideration for this Agreement shall
be the promise of each party to assist the others and it is
understood that no party shall be obligated to pay or reimburse any
other party for any aid furnished pursuant hereto, except that
reimbursement shall be made by the` party receiving such aid
pursuant to the Fire Mutual Aid Operational Plan for fire fighting
supplies actually used by the Agencies furnishing assistance
hereunder.
S- CALIFORNIA DISASTER PLAN: It is expressly understood that
any Mutual Aid extended under this Agreement and the Operational
Plan to be adopted is furnished in accordance with the provisions
of the "California Disaster Act@' and other applicable provisions
of the law.
Any Fire Official who requests and is furnished Mutual Aid
pursuant to this Agreement and Operational Plan adopted pursuant
thereto shall immediately notify the Area Fire Coordinator for San
Diego County, Region VI, as established by the California Disaster
Plan, of the movements of such personnel and equipment as they are
provided.
6. PARTIES ELIGIBLE TO PARTICIPATE:
A. Parties eligible to participate in the San Diego
County Fire Mutual Aid Agreement shall be any
organized Fire Department within San Diego County.
For purposes of this COUNTY AID PLAN, the term IfFire
Department" includes Fire Department, Fire Protection
District, Fire Protection Agency, Fire Company, Fire
Brigade, and any Agency lawfully organized to provide
Fire Protection Services.
B. Elimination of a Party: A party may be eliminated from
this Mutual Aid Agreement by a majority vote of the
Fire Advisory Committee upon Notice to the party
effected and hearing thereon, based upon the following
considerations:
1. Whether the level of the party's actual response
to a request for Mutual Aid (number of requests
compared to number of declined requests, number
and quality of personnel arriving at scene, type
and quality of equipment arriving at scene)
demonstrates that the Mutual Aid of such party is
not effective.
2. Whether the resources of the party clearly
indicate that the party's potential level of
response would not be effective.
7. EXECUTION: This Agreement shall become effective as to
each party when executed by that party, and shall remain operative
and effective as between each and every party that has executed (or
hereinafter executes) this Agreement, until terminated as to such
party. The termination by one or more parties of their
participation in this Agreement shall not affect the operation of
this Agreement as between the other parties to this Agreement.
Approval of this Agreement by the State Disaster Council shall not
be a condition of this Agreement.
Execution of this Agreement shall be as follows:
A. The Governing Body of the party shall by Resolution
approve this Agreement, which shall be designated as
"The San Diego County Fire Mutual Aid Agreement," and
shall authorize a designated representative to execute
a copy of this Agreement.
B. The authorized representative of the governing body
shall execute a copy of this Agreement and forthwith
file three executed copies, together with a certified
copy of the resolution of the governing body approving
and authorizing the execution thereof with the
Secretary of the Fire Advisory Committee, and the
State Disaster Council.
S. TERMINATION: Termination of the Agreement maybe effected
as to any party as follows: the governing body of the party shall
by resolution give notice of termination of participation in this
Agreement and file a certified copy of such resolution with the
Fire Advisory Committee Secretary and with the State Disaster
Council. This Agreement shall be terminated as to such party
twenty days after filing of such resolution.
9. FIRE ADVISORY COMMITTEE:
A. Creation of Committee: There is hereby created a Fire
Advisory Committee. The Fire Advisory Committee shall
be composed of members appointed by the parties to
this Agreement as hereinafter provided, and the Area
Fire Coordinator, who shall serve as Chairperson.
W..' ...✓
B. Representatives: Each party to this Agreement agrees
to designate a representative to act as its member of
the Fire Advisory Committee. Each representative shall
serve as such at the will and pleasure of the
governing body that appointed them. Such
representative shall cease to be a member at such time
as this Agreement is terminated as to the party that
appointed them.
C. Duties: It shall be the duty of the Fire Advisory
Committee to:
1. Adopt an Operational Plan pursuant to this
Agreement.
2. Consider and adopt such amendments to the
Operational Plan as may be necessary or desirable.
D. Ralph M. Brown Act: All meetings of the Fire Advisory
Committee shall be called, noticed and conducted with
the provisions of the Ralph M. Brown Act (commencing
with Section 54950) of the Government Code.
E. Meetings: The Fire Advisory Committee shall provide
for its regular meetings provided, however, it shall
hold at least one regular meeting each year. In
addition, special meetings may be called at the
discretion of the Area Fire Coordinator designated by
this Agreement, and they shall fix the date, hour and
place for holding each meeting.
F. Quorum: Fifty percent plus one member of the members
of the Fire Advisory Committee present at any regular
or special meeting shall constitute a quorum for the
transaction of business.
G. Rules and Regulations: The Fire Advisory Committee may
adopt from time to time such rules and regulations for
the conduct of its meetings and affairs as may be
required.
'*MO
10. AREA FIRE COORDINATOR: The Area Fire Coordinator of San
Diego County, Region VI, as established under the California
Disaster Plan, or his or her duly designated alternate shall be the
Coordinator of this Agreement. It shall be the duty of the Area
Fire Coordinator to:
A. Prepare a proposed Operational Plan for submission to
the Fire Advisory Committee.
B. Prepare such proposed amendments to the Operational
Plan for submission to the Fire Advisory Committee as
may from time to time appear necessary or desirable.
C. Call special meetings of the Fire Advisory Committee
as necessary to provide for the adoption of an
Operational Plan or to provide for consideration of
amendments thereto.
D. Chair the San Diego County Fire Chiefs Operations
Committee.
11. SECRETARY: The Area Fire Coordinator shall designate a
Fire Advisory Committee Secretary from among the members of the
Fire Advisory Committee. It shall be the duty of the Secretary to:
A. Submit a copy of this Agreement to the State Disaster
Council for approval. The State Disaster Council shall
be requested to notify each entity which is eligible
to participate in this Agreement of its approval.
B. Submit an approved copy of the Agreement to the
Director of the San Diego County Office of Disaster
Preparedness.
C. Act as a depository of resolutions approving this
Agreement, executed copies of this Agreement,
Resolutions of Termination, the Operational Plan, and
such other documents as may be received pursuant to
this Agreement.
12. EFFECTIVE DATE OF AGREEMENT: This agreement shall take
effect upon its execution by fifty - percent plus one of the eligible
parties defined herein.
IN WITNE88 WHEREOF, this Agreement is executed by the
CITY OF POWAY acting by and through
its-- CITY MANAGER , pursuant to Resolution
No. 92479 authorizing such execution.
Dated this 22nd day of September , 1992
THE CITY OF POWAY
BY �G
ames Bowersox, City M nager
TITLE
Rev. June 1, 1992
Per Bill Bond, no
retrurned to us. original agreement will be
rem
cities The original signed b
ains with the C y all
ounty.
( � (�
RESOLUTION NO. 303
A RESOLUTION OF.,THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING THE SAN DIEGO COUNTY
MUTUAL AID PLAN FOR FIRE DEPARTMENTS, AND AUTHO-
RIZING THE CITY MANAGER AND THE DIRECTOR OF SAFETY
SERVICES TO EXECUTE SAID PLAN ON BEHALF OF THE CITY
WHEREAS, it is reasonable to anticipate there will
occur within the City of Poway a fire or other emergency which
may result in a disaster, of any type, the control of which will
exceed the resources of the City of Poway Fire Department but is
of a lesser nature than a disaster requiring a declaration of a
state of extreme emergency; and - -
WHEREAS, other City Fire Departments and Fire Protection
Districts face potentially similar problems; and
WHEREAS, There is an existing Fire Mutual Aid System
for City Fire Departments and Fire Protection Districts, where
they can voluntarily assist each other without imposing an
obligation or liability because of that assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA, that the San Diego County Mutual
Aid Plan for Fire Departments designated as "Exhibit A" and
attached to this Resolution, is hereby approved and the City
Manager and the Director of Safety Services are authorized to
execute the Mutual Aid Plan and to carry out such activities as
provided under the Plan on behalf of the City of Poway.
PASSED and ADOPTED this 28th' day of September , 1982
City Mayor
ATTEST:
City
Clerk