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HomeMy WebLinkAbout1997-07-07 City Council (33)City City of Palo Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: FIRE AGENDA DATE:JULY 7, 1997 CMR: 323:97 SUBJECT:AGREEMENT BETWEEN THE CITY OF PALO ALTO, THE CITY OF LOS ALTOS, THE LOS ALTOS COUNTY FIRE PROTECTION DISTRICT, AND THE SANTA CLARA COUNTY CENTRAL FIRE DISTRICT FOR AUTOMATIC AID AND FIRE PROTECTION AND EMERGENCY MEDICAL RESPONSE SERVICE FROM CITY OF PALO ALTO FIRE STATION NUMBER 8. REQUEST The purpose of this report is to request that Council approve the Agreement between the City of Palo Alto and the City of Los Altos, the Los Altos County Fire Protection District, and the Santa Clara County Central Fire Protection District for automatic aid into interjurisdictional fire protection service zone, and the Agreement between City of Palo Alto, the Los Altos County Fire Protection District, and the Santa Clara County Central Fire Protection District for interjurisdictional fire protection and emergency medical response service from City of Palo Alto Fire Station number 8. RECOMMENDATIONS Staff recommends that Council approve and authorize the Mayor to sign the attached Agreement between the City of Palo Alto, the City of Los Altos, the Los Altos County Fire Protection District, and the Santa Clara County Central Fire Protection District for automatic aid into interjurisdictional fire protection service zone, and the agreement between the City of Palo Alto, the Los Altos County Fire Protection District, and the Santa Clara County Central Fire Protection District for interjurisdictional fire protection and emergency medical response service from City of Palo Alto Fire Station number 8. POLICY IMPLICATIONS Contracting of services to the City of Los Altos, the Los Altos Hills Fire District, and the Santa Clara CMR 323:97 Page 1 of 4 County Central Fire Protection District will improve regional cooperation for the provision of emergency services while mutually benefiting the emergency response capability of each agency. EXECUTIVE SUMMARY Recently, both the City of Los Altos and the Los Altos County Fire Protection District contracted with the Santa Clara County Central Fire District for fire protection services. The City of Palo Alto does not have an automatic aid agreement with Santa Clara County Central Fire District for this area. The Fire Department has, in the past, had a policy to respond with mutual aid in accordance with the County-wide mutual aid plan to incidents within the jurisdiction of the Santa Clara County Central Fire District; and likewise the City has received aid from the Santa Clara County Central Fire District when requested. With Santa Clara County Central Fire District (CFD) as the fire service provider to the City of Los Altos and the Los Altos County Fire Protection District, the threshold for mutual aid has changed by virtue of the increased depth of CFD’s resources. Although CFD has a significantly greater number of resources to deploy (compared to the resources available when the City of Los Altos provided fire services the same are) those resources are possibly responding from greate~ distances. If the City was to continue to provide assistance based solely upon the provisions of the County Mutual Aid Plan, it would not respond units into the City of Los Altos or the Los Altos County Fire Protection District until CFD had utilized a significant amount of its own resources and required additional assistance. Some of CFD’s resources may be responding from such areas as Morgan Hills or Los Gatos. Response times based on mutual aid may be detrimental to the preservation of the lives and properties of those living or working in those mutual aid areas. Extended response times associated with some mutual aid situation, also jeopardizes the safety of those firefighters performing initial fire attack tasks. Palo Alto Fire Station number 8 is located in Foothills Park and staffed from approximately June 15 through October 15. This period has historically been the peak time for wildland fires in that area. Fires, whether structural or wildland, originating in either jurisdiction (Palo Alto or Los Altos Hills County Fire District) may spread to the adjoining jurisdiction, if rapid intervention is not forthcoming. The Fire Chiefs of Palo Alto and Santa Clara County Central Fire Protection District has met to develop an automatic aid agreement which would be mutually beneficial to each jurisdiction and provide for the rapid response of emergency personnel. Automatic aid agreements are between individual jurisdictions and are reciprocal and mutually beneficial in nature. They provide an ability for the closest unit to respond on the "first alarm assignment" regardless of jurisdiction. This occurs when a fire station from another jurisdiction is closer to parts of the other jurisdiction. The City currently utilizes such arrangements with Mountain View and Menlo Park. CMR 323:97 Page 2 of 4 FISCAL IMPACT There is no direct fiscal impact to the City resulting from the Agreement for Automatic Aid between the City of Palo Alto, the City of Los Altos, the Los Altos Hills County Fire District, and Santa Clara County Central Fire District. There will be a positive fiscal impact resulting from the Agreement for Station 8 staffing. The fiscal impact of this Agreement will result in reimbursement from the Los Altos County Fire Protection District for half of the salary costs of staffing Station 8 for up to 120 days. The anticipated cost is approximately $230,000 to fully staff Station 8 with 3 personnel for this period. The Fire Department’s budget includes $180,000 for staffmg of station 8 with 2 personnel. Provisions of the attached agreement provide that Palo Alto will bill the Los Altos County Fire Protection District monthly for 50 percent of the salary costs related to staffing Station 8 to a maximum of$115,000 for the 120 days providing a net revenue of $65,000 to the City of Palo Alto. Should station 8 be opened earlier or remain open later due to extreme fire danger conditions the Los Altos County Fire Protection District will provide additional funding with prior approval at the same level of 50 percent. Because the terms of this Agreement were being negotiated during the budget process, the Agreements were not ready for final consideration and approval by the jurisdictions involved until June 17, 1997. Therefore, the revenues and expenses were not incorporated in the recently approved budget. The Fire Department’s budget will be adjusted with the 1997-98 Mid-Year Report to reflect actual revenues and expenses. ENVIRONMENTAL IMPACT This project is categorically exempt under the provisions of CEQA as a use of existing facilities without the expansion beyond the applications now existing. ATTACHMENTS Attachment A:Automatic Aid Agreement - "Agreement Among the City of Palo Alto, the City of Los Altos, the Los Altos Hills County Fire District, and the Santa Clara County Central Fire District for Automatic Aid into Interjurisdictional Fire Protection Service Zone" Attachment B:Automatic Aid Agreement - "Agreement Among the City of Palo Alto, the City of Los Altos, the Los Altos Hills County Fire District, and the Santa Clara County Central Fire District for Interjurisdictional Fire Protection and Emergency Medical Response Service from City of Palo Alto Fire Station Number 8" Attachment C:Automatic Aid Response Map CMR 323:97 Page 3 of 4 Prepared By:Judith A. Jewell, Deputy Chief Department Head Review: City Manager Approval: RUBEN Fire Chief Assistant City Manager CMR 323:97 Page 4 of 4 ATTACHMENT A~ AGREEMENT AMONG THE CITY OF PALO ALTO, THE CITY OF LOS ALTOS, THE LOS ALTOS HILLS COUNTY FIRE DISTRICT, AND THE SANTA CLARA COUNTY CENTRAL FIRE DISTRICT FOR AUTOMATIC AID INTO INTERJURISDICTIONAL FIRE PROTECTION SERVICE ZONE This Agreement, made and entered into on , 1997, by and between the CITY OF PALO ALTO ("Palo Alto"), the CITY OF LOS ALTOS ("Los Altos"), the LOS ALTOS HILLS COUNTY FIRE DISTRICT ("Los Altos Hills Fire District"), and the SANTA CLARA COUNTY CENTRAL FIRE DISTRICT ("Santa Clara County Fire"). RECITALS: WHEREAS, the City of Palo Alto provides fire protection services within .its municipal boundaries; and, WHEREAS, the City of Los Altos provides fire protection services within the City of Los Altos boundaries through contract with the Santa Clara County Central Fire District; and, WHEREAS, Los Altos Hills Fire District provides fire protection services within its district boundaries through contract with the Santa Clara County Central Fire District; and, WHEREAS, the legislative~bodies of the parties to this agreement have determined that the most efficient use of available fire suppression resources of the parties would be made through assured mutual response into a fire.threat zone overlapping City of Palo Alto, City of Los Altos, and Los Altos Hills Fire District boundaries; and, WHEREAS, the parties therefore desire to exercise jointly their powers to provide fire protection and emergency medical response pursuant to Government Code section 6500, et seq., under the terms and conditions set forth below. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: A.Type of Assistance This agreement is intended to provide for automatic response by the closest emergency response apparatus (Type 1 or Type 3 engine) for use in fire suppression and first responder medical emergency incidents within an overlapping area of Palo Alto and Los Altos and Los Altos Hills Fire District jurisdiction described as the automatic aid zone identified in this agreement. For purposes of this agreement, the party providing automatic aid into the adjacent 970617 syn 0043020 jurisdiction shall be identified as the "assisting agency", and the party receiving automatic aid shall be identified as the "jurisdictional agency." The automatic aid response shall consist of one Type 1 or Type 3 engine company. A unit from Santa Clara County Fire will respond into Palo Alto when the regularly assigned Palo Alto unit for the designated area is determined by the Fire Chief in Palo Alto to be unavailable to respond. A reciprocal arrangement wil! apply to a Palo Alto unit responding into areas normally protected by the Santa Clara County Fire within the City of Los Altos or the Los Altos Hills Fire District. Should the closest automatic aid unit be unavailable, the assisting agency will promptly advise the jurisdictional agency that automatic aid will not be provided. Code 3 emergencies which require the use of red.lights and sirens by responding fire units are the only incidents for which provisions are made for automatic aid under this agreement. Calls for public service, p0st-fire investigations, and similar responses which do not require the use of red lights and sirens by the responding fire units are not incidents for which provisions are made for automatic aid under this agreement. These calls shall be handled by the jurisdictional agency. Fire suppression and first responder medical emergency services in excess of those provided for under this agreement or other specific agreements must be requested through the existing mutual aid arrangements. B.Response Areas Palo Alto and Santa Clara County Fire shall others designated areas as follows: respond into each I. Santa Clara County Fire shall respond into those areas of Palo Alto delineated and enclosed by a solid line on the map identified as Area A and Area B incorporated by reference herein. Area A is generally bounded by Palo Alto’s boundaries west of Interstate 280 to Skyline Boulevard. Area B is generally bounded by Palo Alto’s boundaries east of Interstate 280 and south of Georgia Avenue to E1 Camino Real on the north. 2. Palo Alto shall respond into those areas of Los Altos delineated and enclosed by a solid line on the map identified as Area C incorporated by reference herein. Area C is generally bounded by that portion of Los Altos west of Los Altos Avenue between E1 Camino Real and Pine Lane. 3. Palo Alto shall respond into those areas of Los Altos Hills Fire District delineated and enclosed by a solid line on the map identified as Area D incorporated by reference herein. Area D is generally bounded on the west by that portion of the Los Altos Hills Fire District along Page Mill Road, on the south by Moody 970617 syn 0043020 2 Road to Elephant Mountain, on the north by Deer Creek Road to Arastradero Road and along Foothill Expressway, and on the east from Foothill Expressway at Miranda Road to Fremont Road westerly to the intersection of Interstate 280 at Arastradero Road and then southerly to Elephant Mountain. C.Training Periodic interagency training shall be conducted for the purposes of improving working relationships and operational coordination between Palo Alto and Santa Clara County Fire units. Training exercises shall be scheduled at mutually agreed upon times and locations. D.Response Maps,and Preplans Upon executionof this agreement, Palo Alto and Santa Clara County Fire shall provide each other with current standard response maps and preplans for the designated areas, and shal! provide updated versions within 14 calendar days of changes which may occur. E.Operational Command Guidelines i. The highest ranking officer of.the jurisdictional agency will have operational responsibility and the final authority as to strategy and tactics deployed at the incident once an officer for the jurisdictional agency assumes command of the incident. The first arriving officer from the assisting jurisdiction will assume command until an officer from the jurisdictional.agency responds to the incident and assumes command. 2. It shall be the responsibility of the officer in command to summon additional personnel and equipment, if needed, to handle the emergency. 3. As soon as the officer in command determines that no further assistance is required, the officer in command will inform the jurisdictional dispatch center, canceling any other responding units. 4. It shall be the responsibility of the officer in command to utilize the staffing and equipment from the assisting jurisdiction only to the extent required to bring the emergency under control. The assisting jurisdiction shall not be required to provide assistance for overhaul and clean up operations after a fire. The resources from the assisting jurisdiction shall be released from the scene of the emergency as soon as practical. 970617 syn 0043020 Fo Fire Incident Reportinq The jurisdictional agency, if it responds tO an incident, will be responsible for completing, filing, recording, and storing all reports including reports mandated by local and state governments and agencies. If the jurisdictional agency does not in fact respond to an incident, the assisting jurisdiction will be responsible for comPleting, filing, recording, and storing all reports (unless otherwise provided by law) and shall additionally transmit a copy of each report to the jurfsdictional agency upon request. G.Compensation All services provided by either Palo Alto or Santa Clara County Fire under this agreement shall be performed without monetary compensation. The mutual advantages, protections and services afforded by this agreement are mutually agreed to be adequate compensation to both jurisdictions. H.Evaluation The effectivesess of the procedures contained in this agreement shall be evaluated at least annually by the respective Fire Chiefs for both Palo Alto and Santa Clara.County Fire. I. Term This agreement shall commence upon execution of the agreement by all parties, and shall continue in full force and effect unless terminated as provided herein. This agreement may be termin&ted without cause by any signatory party upon written notice of termination given to the other parties at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed to each of the other parties to this agreement. J.Amendments to Agreement i. This Agreement contains all of the terms and conditions agreed to’ between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of each party. 2. The Fire Chiefs of the parties to this agreement shall have the authority to make minor corrections to the boundaries of Area A, Area B, Area C and Area D and execute any documents required to 970617 syn 0043020 4 implement such amendments. Any such corrections shall be mutually agreed upon in writing by the Fire Chiefs of the parties. K.Operational Protocols Implementing details for the fire suppression and first responder medical services provided pursuant to this agreement shall be established by a written operational protocol between the Fire Chiefs of Palo Alto and Central Fire District, and the terms of that operational protoco! shall be incorporated herein and binding upon the parties. L. Legal Relationships I. While Palo Alto’s personnel are responding into Los Altos or into Los Altos Hills Fire District pursuant to this agreement, the parties concur that Palo Alto’s employees so assigned shall not be considered to be either general or special employees of Los Altos, Los Altos Hills Fire District or Santa Clara County Fire for purposes of the workers’ compensation laws. While Santa Clara County~Fire’s personnel are responding into Palo Alto pursuant to this agreement, the parties concur that Santa Clara County Fire’s employees so assigned shall not be cons±dered to be special employees of Palo Alto for purposes of the workers’ compensation laws. 2. Except as otherwise provided herein, each party agrees to indemnify, defend and hold harmless the other parties, their officers, agents, and employees from any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of the performance or failure to perform the obligation assumed under this agreement. 3. This agreement’is entered into solely for the mutual benefit of the signatory parties and not for the benefit of any resident or other person or entity. No person or entity not a party hereto shall have any right to enforce this agreement or bring any action as a consequence of this agreement arising out of a failure or omission on the part of any of the parties to provide the services described herein. 4. This agreement is intended to supplement rather than supplant any agreements or arrangements between the parties for automatic aid or mutual aid in emergencies requiring fire protection, fire suppression, or first responder medical care into the areas of Los Altos Hills Fire District covered by this agreement. 5. This agreement shall not be construed to create any joint powers entity under the provisions of Government Code §6500, et seq. Notwithstanding the provisions for allocation of loss or 970617 syn 0043020 liability provided therein, the provisions of this agreement for loss allocation shall govern. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City.Manager Fire Chief Acting Director of Administrative Services Risk Manager LOS ~OS HILLS COUNTY FIRE DISTRICT PTide~ Board of Directors Attest : ~erk of’the Boar~ Approved as to form: 970617 syn 0043020 6 CITY OF LOS ALTOS City Manager Attest:Approved as to form: City Clerk SANTA CLARA COUNTY CENTRAL FIRE DISTRICT President, Board of Directors Attest:,Approved as to form: Clerk of the Board 970617 syn 0043020 ATTACHMENT B AGREEMENT AMONG THE CITY OF PALO ALTO, THE LOS ALTOS HILLS COUNTY FIRE DISTRICT, AND THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT FOR INTERJURISDICTIONAL FIRE PROTECTION AND~EMERGENCYMEDICAL RESPONSE SERVICE FROM CITY OF PALO ALTO FIRE STATION NUMBER 8 This Agreement, made and entered into on 1997,by and between the CITY OF PALO ALTO ("Palo Alto"), the LO~ ALTOS HILLS COUNTY FIRE DISTRICT .("Los Altos Hills Fire District"), and the SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT ("Santa Clara County Fire"). RECITALS: WHEREAS, the City of Palo Alto provides fire protection services within its municipal boundaries; and, WHEREAS, Los Altos Hills County Fire District provides fire protection services within its district boundaries through contract with the Santa Clara County Central Fire Protection District; and, WHEREAS, Palo Alto owns Fire Station Number 8, located in the Palo Alto Foothills Park at 3300 Page Mill Road, adjacent to the boundary of the Los Altos Hills County Fire District, and Fire Station 8 is operated during the summer fire season, which normally commences on or about June 15th and continues through October 15th; and, WHEREAS, the legislative bodies of the parties to this agreement have determined that the most efficient use of available fire proiection and emergency medical response resources of the parties would be made through assured response into a fire threat zone within the Los Altos Hills County Fire District boundaries from City of Palo Alto Fire Station Number 8 during the summer fire season; and, WHEREAS, the parties therefore desire to exercise jointly their powers to provide fire protection and emergency medical response pursuant to Government Code section 6500, et seq., under the terms and conditions set forth below. NOW, THEREFORE, it is agreed by ’and between the parties hereto as follows: i. Operational Dates and Times (a) During the fire season, which extends roughly from June 15th through October 15th but may be declared-by the Fire Chiefs of Palo Alto and Santa Clara County Fire by their concurrence to begin earlier or extend to a later date if fire 970617 syn 0043044 conditions warrant (or to begin later or extend to an earlier date if appropriate), Fire Station Number 8 shall be fully staffed by Palo Alto to the extent and under the conditions provided below. (b) Fire Station 8 will be operated by Palo Alto on a 12 hour basis (8:00 a.m. to 8:00 p.m.) on every day (including holidays and weekends) during the fire season; operational hours may be extended by concurrence of the Fire Chiefs of the Palo Alto and the Santa Clara County Fire whenever conditions warrant. 2. Staffing Station 8 shallbe staffed by Palo Alto at all times the station is operational with fully-trained, permanent-status city employees in the following classifications: one Captain, one Apparatus Operator, and one firefighter. All personnel staffing Station 8 shall be EMT-D certified and shall be fully trained in wildland firefighting operations prior to serving at Station 8. Costs of said training prior to assignment to Station 8 shall be incurred solely by Palo Alto and not passed on in any manner to Los Altos Hills Fire District. 3. Equipment Station 8 shall be equipped by Palo Alto with fully- functional Type 3 engine during al! hours when the Station is operational. Whenever the designated engine is outside the service district for Station 8 or otherwise unavailable for deployment in excess of twenty minutes, Palo Alto will reposition another engine within the Station 8 service district, and that substitute engine shall also be a fully-functional Type 3 engine or a Type 1 engine if no Type 3 engine is temporarily available. 4. Operations Fire Station Number 8 operations pursuant to this agreement shall include both fire suppression activities as well as first responder medical aid, within an area designated the mutual threat zone, which is delineated on the attached map and generally encompasses that portion of Palo Alto from Interstate 280 to Skyline Boulevard and that portion of the Los Altos Hills County Fire District bounded on the west along Page Mill Road, on the south by Moody Road to Elephant Mountain, on the north by Deer Creek Road to Arastradero Road and along Foothill Expressway, and on the east from Foothill Expressway at Miranda Road to Fremont Road westerly to the intersection of Interstate 280 at Arastradero Road and then southerly to Elephant Mountain. ~ Station 8 will respond into the mutual threat zone as the first responding unit on any emergency requiring fire suppression or first responder medical aid° 970617 syn 0043044 5. Payment (a) Los Altos Hills Fire District agrees to pay one-half of the personnel costs (consisting solely of base salary and overtime costs) for personnel assigned to Station 8 as provided for by this agreement; provided, however, that the total payment incurred by Los Altos Hills Fire District under this agreement shall not exceed personnel costs for Station 8 personnel extending beyond 120 days without the written concurrence of the Fire Chiefs of both Palo Alto and Santa Clara County Fire and shall not exceed $115,000 for the base amount of 120 days of service. (b) Palo Alto will provide Los Altos Hills Fire District with an invoice for personnel costs incurred by Palo Alto, itemized as to hours worked by each employee at regular and overtime salary rates, no later than the fifteenth of each month following the month in which the personnel costs are incurred by Palo Alto. Personnel costs submitted for payment shall not exceed those of comparable personnel performing comparable work at other Palo Alto fire stations. (c) Los Altos Hills Fire District will pay the full amount of each invoice within 45 days following receipt of each invoice. (d) Palo Alto shall .retain the obligation to provide all salary and employee benefits required by contract or by law (including workers compensation benefits) for its employees assigned under this agreement. Each employee assigned under this agreement shall be subject to Palo Alto’s personnel rules, regulations, and processes, as well as any labor contract provisions applicable to that employee, provided by Palo Alto for that employee. 6. Weather Station In further consideration for the services provided by Palo Alto under ’this agreement, Santa Clara County Fire will purchase and install a weather station at a location suitable for use under this agreement. City shall be afforded access to the weather information and forecasts from this weather station at all times that Station 8 is operational. 7. Reports Palo Alto shall provide Los Altos Hills Fire District with an annual summary report of all services provides from Station 8, itemized as to the type of each call and whether the call was in Palo Alto or in Los Altos Hills Fire District. Palo Alto shall provide Los Altos Hills Fire District with monthly interim reports if requested. 970617 syn 0043044 3 8. Operational Protocols Implementing details for Palo Alto’s response from Fire Station Number 8 pursuant to this agreement shal! be established by an operational protocol between the Fire Chiefs of Palo and Santa Clara County Fire, and the terms of that operational protocol shall be incorporated herein and binding upon the parties. 9. Term The term of this agreement shall commence upon execution by all parties and shall terminate June i, 1998, unless sooner terminated by any of the parties by written notice given at least thirty days prior to the date of such early termination. i0. Legal Relationships (a) While City’s Fire Station Number 8 personnel are responding into Los Altos Hills Fire District pursuant to this agreement, the parties concur that Palo Alto’s employees so assigned shall not be considered to be either general or special employees of Los Altos Hills Fire District or Santa Clara County Fire for purposes of the workers’ compensation laws. (b) Except as otherwise provided herein, each party agrees to indemnify, defend and hold harmless the other parties, their officers, agents, and employees from any and all demands, claims, or liabilities of any nature, including.death or injury to any person, property damage, or any other loss caused by or arising out of the performance or failure to perform the obligation assumed under this agreement. (c) This agreement is entered into solely for the mutual benefit of the signatory parties and not for.the benefit of any residentoor other person or entity. No person or entity not a party hereto shall have any right to enforce this agreement or bring any action as a consequence of this agreement arising out of a failure or omission on the part of any of the parties to provide the services described herein. (d) This agreement is intended to supplement rather than supplant any agreements or arrangements between the parties for automatic aid or mutual aid in emergencies requiring fire suppression or first responder medical care.into the areas of Los Altos Hills Fire District covered by this agreement. (e) This agreement shall not be construed to create any separate joint powers entity under the provisions of Government Code §6500, et seqo Notwithstanding the provisions for allocation 970617 syn 0043044 4 of loss or liability provided therein, hhe provisions of this agreement for loss allocation shall govern. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Manager Fire Chief Acting Director of Admin. Services Risk Manager LOS ALTOS HILLS COUNTY FIRE DIST~T Attest: SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT APPROVED AS TO FORM: President, Board of Directors Attest: APPROVED AS TO FORM: 970617 syn 0043044 5 AUTO-AID /’