HomeMy WebLinkAboutCC Resolution 11976 (Fire Protection Services Agr.)RESOLUTION NO. 11976
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE MAYOR TO EXECUTE FIRE PROTECTION
SERVICES AGREEMENT FOR CSA #19 AND ADJOINING AREAS, WITH
THE COUNTY OF MARIN AND COUNTY SERVICE AREA 19 OF THE
COUNTY OF MARIN (Term of Agreement shall commence on July 1, 2006 and
continue through June 30, 2016)
WHEREAS, the Joint Powers Agreement, dated May 19, 1986, as amended,
between the County of Marin, County Service Area 19, and the City of San Rafael, for
Fire Protection Services for CSA#19 and adjoining areas, expires on June 30, 2006, and
WHEREAS, the parties desire to continue with such a joint powers agreement,
concurrently with the City of San Rafael and the County of Marin entering into a Lease
Agreement with respect to the County property containing the Fire Station #7
improvements owned by the City;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael authorizes the Mayor to execute the Fire Protection Services Agreement for
CSA #19 and adjoining areas, with the County of Marin and County Service Area 19 of
the County of Marin, in the form attached hereto as Exhibit "I".
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting
of the San Rafael City Council held on the 19th day of June, 2006, by the following vote
to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Cohen, Heller, Miller and Mayor Boro
None
Phillips
A.
JEAN14E-M. LEONCINI, City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE MAYOR TO EXECUTE FIRE PROTECTION
SERVICES AGREEMENT FOR CSA #19 AND ADJOINING AREAS, WITH
THE COUNTY OF MARIN AND COUNTY SERVICE AREA 19 OF THE
COUNTY OF MARIN.
WHEREAS, the Joint Powers Agreement, dated May 19, 1986, as amended,
between the County of Marin, County Service Area 19, and the City of San Rafael, for
Fire Protection Services for CSA#19 and adjoining areas, expires on June 30, 2006, and
WHEREAS, the parties desire to continue with such a joint powers agreement,
concurrently with the City of San Rafael and the County of Marin entering into a Lease
Agreement with respect to the County property containing the Fire Station #7
improvements owned by the City;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael authorizes the Mayor to execute the Fire Protection Services Agreement for
CSA #19 and adjoining areas, with the County of Marin and County Service Area 19 of
the County of Marin, in the form attached hereto as Exhibit "I".
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting
of the San Rafael City Council held on the 19th day of June, 2006, by the following vote
to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
JEANNE M. LEONCINI, City Clerk
EXHIBIT "I"
FIRE PROTECTION SERVICES AGREEMENT
This Agreement is made and entered into as of the '264 day of June, 2006, by and
between the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter
"County"), COUNTY SERVICE AREA 19 OF THE COUNTY OF MARIN, a political
subdivision of the State of California (hereinafter "CSA"), and the CITY OF SAN RAFAEL, a
charter city (hereinafter "City").
RECITALS
A. The City, County and CSA have had joint powers agreements since February 17,
1976 with respect to the City's provision of fire protection services and the sharing of costs for
such services within the jurisdictional boundaries of the CSA and other nearby areas located in
the jurisdiction of the County.
B. The City, County and CSA desire to continue with such a joint powers agreement,
contingent upon the City and County entering into a Lease Agreement with respect to the
County's property that contains the Fire Station #7 improvements owned by the City.
NOW THEREFORE, the parties agree as follows:
Fire Protection Services.
City shall house such equipment and personnel at Fire Station #7, and shall utilize such
equipment and personnel from its other fire stations in the City, to provide fire protection
services in the Service Area described in Paragraph 3 that are comparable to the fire protection
services being provided by the City's Fire Department within the boundaries of the City. It is
understood that any City obligation to provide paramedic response services to the Service Area
arises independently of this Agreement and that no funding for such paramedic services is
provided under this Agreement.
2. Plan Check Services.
County shall provide to the City copies of all plans submitted to the County in connection
with applications for land use permits for property within the Service Area described in
Paragraph 3, and the City shall review such plans for compliance with the California Fire Code
and the fire safety portions of the California Building Code, and shall provide the County as
expeditiously as possible with its recommendations for fire protection measures. In addition,
County shall provide to City on a weekly basis, via email to the City -specified email address(es),
a list of all building permit applications submitted to the County for construction projects on
property within the Service Area. For those construction projects identified by the City, the
County shall provide for City's review at the County offices (Community Development Agency,
Building & Safety Department—"CDA") the construction plans submitted with such building
permit applications. City shall provide the County as expeditiously as possible with its
recommendations for fire protection measures in connection with such projects.
Service Area.
The City's fire protection services and plan check services as specified herein shall be
provided for the following areas located within the boundaries of the CSA and other nearby
lands within the jurisdiction of the County, as identified by the denoted City Fire Department
Fire Management Area ("FMA") numbers, shown on the Map attached hereto as Exhibit "A", as
such FMA numbers and Map may be amended from time to time:
Santa Venetia
China Camp
Los Ranchitos
Country Club
Bayside Acres
California Park
Point San Pedro
Richmond Bridge
4. Compensation.
5770, 5772, 5773, 5775, 5779
1500
5700
5229
5553
5404
5550
1502
For the first year of this Agreement, CSA shall pay the City $1,310,000, adjusted by the
percentage change to firefighter salaries that the City has agreed to pay during the period July 1,
2006 through June 30, 2007 (hereinafter the "base compensation amount"), plus an amount equal
to the lease payments to be made by City to County for the period July 1, 2006 through June 30,
2007 under the Lease Agreement between the City and County for the property containing the
Fire Station #7 improvements. For each subsequent year of this Agreement, CSA shall pay City
the preceding year's base compensation amount, adjusted by the percentage change to firefighter
salaries that the City has agreed to pay during such subsequent year, plus an amount equal to the
lease payments to be made by City to County during such subsequent year under the Lease
Agreement between the City and County for the property containing Fire Station #7
improvements. By April 1" of each year, the City shall provide the County and the CSA with a
statement of the estimated payment due in the subsequent year, and by July 1" of each year, the
City shall provide the County and the CSA with a statement of the actual payment due in the
subsequent year. CSA shall make its annual payment to City in two equal installments, due on
December 24 and April 24 of each year.
5. State Responsibility Lands.
Notwithstanding other provisions in this Agreement, the City's obligation under this
Agreement for fire protection services to the State Responsibility Lands portion of the Service
Area, for which the County has an agreement with the State of California, shall be limited to an
initial response, following which County shall assume full responsibility for fire protection
services with its own personnel and equipment.
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6. Extraordinary Capital Costs.
In the event that that the City incurs extraordinary capital costs (beyond normal
replacement and maintenance costs) in connection with fulfilling its obligations under this
Agreement, including situations where any of the City's fire protection equipment is destroyed or
becomes inoperable in providing fire protection services under this Agreement, the CSA will
reimburse City for the CSA's proportionate share of the cost of replacement of such equipment
within six (6) months of the City's request for reimbursement.
7. Term.
Contingent upon the parties having entered into the Lease Agreement, bearing the same
date as this Agreement, the term of this Agreement shall commence on July 1, 2006 and shall
continue through June 30, 2016, provided that (1) either party may terminate this Agreement
upon giving the other party thirty-six (36) months advance written notice of such termination,
and (2) the parties may agree, following good faith negotiations to be held prior to June 30, 2015,
to a ten (10) year extension of this Agreement.
8. Amendments.
This Agreement may be amended by written consent of both parties.
9. Notices.
All notices or communications hereunder shall be in writing and shall be sent by first
class mail, addressed to the other party at the addresses indicated below, or such other addresses
as the parties may from time to time designate in writing. Notice shall be deemed given upon
placement of the notice into the mail.
To County: County Administrator
County of Marin
3501 Civic Center Drive
San Rafael, CA 94903
To CSA: County Administrator
County of Marin
3501 Civic Center Drive
San Rafael, CA 94903
To City: City Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SAN RAFAEL
ALEfERT J. BO, Mayor
ATTEST:
J ANNE M. LEONUINI, City Clerk
APPROVED AS TO FORM:
IC 6 -TV -
GARY T. RAGGHIANTI, City Attorney
4
COUNTY OF MARIN
h.Oda4v
President of the Board of Supervisors
ATTEST:
Clerk of the Board
COUNTY SERVICE AREA 19 OF THE
COE1 TY OF M
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( President of the Board of Supervisors
ATTEy
Clerk of the Board
TFA
A OFf �.
ULKER, County Counsel