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HomeMy WebLinkAboutCC RESO 13,764RESOLUTTON NO. 13,764 RESOLUTION OF THE CITY' OF NATIONAL CITY APPROVING AND ADOPTING THE SAN DIEGO COUNTY MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS WHEREAS, there exists the possibility of disasters within San Diego County which could exhaust the fire pro- tection resources and facilities of the cities, fire pro- tection districts, fire departments, or other political subdivisions in which such disasters occurred; and WHEREAS, it would be desirable in the event of such a disaster that the cities, fire protection districts, fire departments, and other political subdivisions within the County voluntarily aid and assist one another by the interchange of fire protection and rescue services and facilities; and WHEREAS, the San Diego County Mutual Aid Agree- ment for Fire Departments, a copy of which has been received and filed in the records of this body, provides a method by which such mutual aid can be rendered; NOW, THEREFORE, BE IT RESOLVED that the San Diego County Mutual Aid Agreement for Fire Departments is hereby approved and adopted. PASSED AND ADOPTED this 2nd day of March, 1982. ATTEST: (-----)L- CITY CLERK SAN DIEGO COUNTY MUTUAL AID PLAN FOR FIRE DEPARTMENTS THIS DOCUMENT, which shall be designated as "San Diego County Mutual Aid Plan" ("COUNTY AID PLAN" hereinafter) made and entered into by and between the COUNTY OF SAN DIEGO, Cities, Fire Protection Districts, public or private Fire Departments, Federal and State Fire Agencies and all other political subdivisions within the County, providing fire protection, herein referred to as the "PARTIES". WITNESSETH: WHEREAS, it is necessary that the fire protection resources and facilities of the PARTIES within the San Diego County entering into this COUNTY AID PLAN be coordinated and be made available to prevent and combat the effect of fire or other emergencies which may result from a disaster within the limits of the County, of any type, and 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 inter- change of fire protection, rescue services, facilities, resources, .personnel and services, to cope with the problems which would arise in the event of disaster; and WHEREAS, it is necessary and desirable that a cooperative COUNTY AID PLAN be executed for the interchange of such mutual aid on a local and County-Wide.basis; and WHEREAS, this cooperative COUNTY AID PLAN is a plan for mutual assistance and does not impose an obligation or liability to respond.. NOW, THEREFORE IT IS HEREBY UNDERSTOOD by and among each and all of the PARTIES hereto as follows: 1. AUTHORITY. This COUNTY AID PLAN is made pursuant to the California Emergency Services Act, Chapter 7 of Division 1 of the Government Code (commencing with Section 8550). It is an exercise of the mutual aid powers authorized by Section 9616 there- of. 2. SCOPE OF COUNTY AID PLAN. A. It is the intent of the PARTIES to establish a system of mutual aid which will be effective: (1.) When the demands of a fireor other emergency within a party's jurisdiction will exceed or will likely exceed the fire fighting resources of that party, to include resources obtainable by agreements with other agencies. (2.) When the fire or other emergency poses a threat to several PARTIES. B. PARTIES to this COUNTY AID PLAN may cooperate and coordinate as closely as possible with other PARTIES through additional automatic aid agreements, mutual aid agreements, State agreements and Federal treaties. C. PARTIES to this COUNTY AID PLAN shall be located within San Diego County, as established under the California Fire and Rescue Plan. 3. AID TO BE FURNISHED. A. Mutual Aid: Each party will be requested to furnish fire protection personnel, resources, services and facilities, and to render such fire protection and rescue services to each and every other party to this COUNTY AID PLAN 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 the County of San Diego. B. Response: Each party may respond to a request for mutual aid made under this COUNTY AID PLAN with personnel and equipment consistent with a requested party's fire chief's responsibility to manage fire prevention/fire suppression service for the party and such 'fire chief's responsibility to manage financial resources allocated to the fire chief's department, as determined by the requested party's fire chief.. This COUNTY AID PLAN does not impose an obligation or - .liability to respond. —2— C. The determination by the fire chief of the requested party as to the extent to which a response is to be made consistent with the fire chief's responsibilities shall be final and conclusive. The fire chief makes this determination at the fire chief's sole discretion and in making the determination, the fire chief is responsible to the fire chief's own jurisdiction. D. OPERATIONAL PLAN REQUIRED. Pursuant to this COUNTY AID PLAN, a plan will be adopted (here- inafter referred to as the "OPERATIONAL PLAN"), detailing the manner by which such fire protection, rescue services, facilities, resources, personnel and services are to be made available and furnished. (1.) The OPERATIONAL PLAN shall divide San Diego County into zones, as may be adjusted from time to time by the fire advisory committee. (2.) There shall be a regional headquarters and a headquarters for each zone, as may be designated from time to time. (3.) A request for mutual aid shall be initiated by the fire chief of the party where the fire or other emergency is located and submitted to the designated zone head quarters for review and appropriate dispatching. A zone headquarters -may request mutual aid from other zones by initiating a request to the regional headquarters for review and appropriate dispatching. 4. REIMBURSEMENT. No party shall be obligated to pay any other party for any aid furnished. 5. CALIFORNIA FIRE AND RESCUE PLAN: A. California Fire and Rescue Plan: It is expressly understood that any mutual aid extended under this COUNTY AID PLAN and the OPERATIONAL PLAN to be adopted is furnished in accordance with provisions of the "California Emergency Services Act" and other applicable provisions of the Law. -3.- B. Fire Coordinator Notification: Any fire official who requests and is furnished mutual aid pursuant to this COUNTY AID PLAN shall immediately notify the Area Fire Coordinator of San Diego County, Region VI, (established by the California Fire and Rescue Plan) of the movements of such personnel and equipment. b. PARTIES ELIGIBLE TO PARTICIPATE. A. Eligible .PARTIES: PARTIES eligible to participate in the San Diego County Mutual Aid Plan shall be any organized Fire Department within San Diego County. For the purposes of this COUNTY AID PLAN the term "Fire Department" includes Fire Department, Fire Protection Agency, Fire Protection District, 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 plan by a majority vote of the fire advisory committee upon Notice to the party effected and a 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. A. Execution of COUNTY AID PLAN: This COUNTY AID PLAN shall become effective as to each party upon execution by that party, and shall remain operative and effective until withdrawal or elimination. -4- 10. B. Approval of this COUNTY AID PLAN by the State Emergency Council shall not be a condition of this COUNTY AID PLAN. C. The governing body of the party shall by Resolution, approve this COUNTY AID PLAN, and shall authorize a designated representative to execute a copy of the COUNTY AID PLAN. For the purpose of this COUNTY AID PLAN the County Board of Supervisors shall act as the governing body for all County Volunteer Fire Companies. D. Upon duly authorized execution of this COUNTY AID PLAN, each'party shall file four executed copies, together with a certified copy of the Resolution of the governing body approving and authorizing its execution with the Secretary of the Fire Advisory Committee. The Secretary shall forward three copies to the State Emergency Council, one to the County Fire Coordinator and retain the certified copy on file. E. State or Federal Fire Agencies will execute this COUNTY AID PLAN in accordance with State or Federal Laws and file four executed copies with the Secretary of the Fire Advisory Committee. 8. WITHDRAWAL FROM PARTICIPATION. A. Withdrawal from this COUNTY AID PLAN may be effected by any party as follows: The governing body of the party, shall by Resolution give notice of termination of participation in the COUNTY AID PLAN and file a certified copy of such resolution with the Secretary of the Fire Advisory Committee. The Secretary will forward three copies of the Resolution to the State Emergency Council and retain the certified copy on file. B. Effect of Withdrawal: The termination by one or more PARTIES of their participation in this COUNTY AID PLAN shall not effect the operation of this COUNTY AID PLAN among the other PARTIES to this COUNTY AID PLAN. 9. FIRE ADVISORY COMMITTEE. A. Creation of Committee:. There is hereby created a Fire Advisory Committee. The Fire Advisory Committee shall be composed of fire chiefs of the PARTIES to this COUNTY AID PLAN, and the Area Fire Coordinator, who shall be the Chairman. B. Representatives: Each representative shall serve as such at the will and pleasure of the governing body of the party. Such representative shall cease to be a member upon withdrawal or elimination of the party. C Duties: It shall be the duty of the Fire Advisory Committee to: (1.) Adopt an OPERATIONAL PLAN pursuant to this COUNTY AID PLAN. (2.) Consider and adopt such amendments to the OPERATIONAL PLAN as may be necessary or desirable. (3.) Consider and propose amendments to the San Diego County Mutual Aid Plan as may be necessary from time to time. D. Ralph M. Brown Act: All meetings of the Fire Advisory Committee shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing wth Section 54950) of the Government Code. E. Meetings: The Fire Advisory Committee shall provide for its regular meetings; 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 in this COUNTY AID PLAN. The Area Fire Coordinator shall fix the date, hour and_ place for holding each such meeting. The Area Fire Coordinator shall, after fixing the date, hour and place for holding such meetings, notify all members of the Fire Advisory Committee. F. Quorum: Seven (7) members of the Fire Advisory Committee present at any regular or special meeting shall. constitute a quorum only for the transaction of business. G. Voting: Any amendments to the San Diego County Mutual Aid Plan shall be proposed only with the consent of the majority of the Advisory Committee voting by ballot. The amendments must then be adopted by the Governing Body of each participating party. A. Operational Plan: Any amendments to the OPERATIONAL PLAN shall be adopteed only wth the consent of the majority of the Fire Advisory Committee voting by ballot. I. Rules and Regulations: The Fire Advisory Committee may adopt Rules and Regulations for the conduct of its meetings and affairs as may be required. 10. AREA FIRE COORDINATOR A. Duties: The Fire Coodinator of San Diego County, Region VI, as established under the California Fire and Rescue Plan or his duly designated alternate shall be the Coordinator of this COUNTY AID PLAN. B. The Area Fire Coordinator shall: (1.) Prepare a proposed OPERATIONAL PLAN for submission to the Fire Advisory Committee. (2.) Prepare proposed amendments to the OPERATIONAL PLAN for submission to the Fire Advisory Committee as may appear necessary or desirable. (3.) Call special meetings of the Fire Advisory Committee to provide for adoption of an OPERATIONAL PLAN or to provide for consideration of amendments thereto. (4.) Call special meetings of the Fire Advisory Committee to consider amendments to the San Diego Mutual Aid Plan. -7- C. Request for Meetings: Any seven (7) members of the Fire Advisory Committee may request a meeting of the Fire Advisory Committee. The reason for the meeting shall be submitted, in writing, to the Area Fire Coordinator. The Area Fire Coordinator shall call the meeting within thirty (30) days of the written request. 11. FIRE ADVISORY COMMITTEE SECRETARY A. Appointment', The Area Fire Coordinator shall designate a Fire Advisory Committee Secretary or with the approval of the Fire Advisory Committee, assume the responsibility of Secretary. B Duties: It shall be the duty of the Secretary to: (1.) Submit a copy of this COUNTY AID PLAN to the State Emergency Council for approval. The State Emergency Council shall be requested to notify each entity which is eligible to participate in this COUNTY AID PLAN of its approval. (2.) Submit an approved copy of this COUNTY AID PLAN to the County Fire Coordinator, County of San Diego. (3.) Act as depository of Resolutions approving this COUNTY AID PLAN , executed copies of this COUNTY AID PLAN, Resolutions of Withdrawal, the OPERATIONAL PLAN and other such documents as maybe received pursuant to this COUNTY AID PLAN. 12. EFFECTIVE DATE OF COUNTY AID PLAN. ThiS COUNTY AID PLAN shall take effect upon its execution by any seven (7) of the eligible PARTIES. 1. Upon approval, adoption and execution by the Governing Bodies, this COUNTY AID PLAN shall supercede and thereby rescind the previous San Diego County Mutual Aid Agreement. -8 - IN WITNESS WHEREOF, has caused this COUNTY AID PLAN to be signed by their respective oficials heretofore duly authorized by the Governing Bodies thereof. By; Date: -9-