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HomeMy WebLinkAbout06 - Automatic Aid Agreement• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. January 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Tim Riley, Fire Chief, 644 -3101, triley @city.newport- beach.ca.uw SUBJECT: Automatic Aid Agreement for Fire, Rescue and Emergency Medical Services between the City of Newport Beach and the City of Huntington Beach RECOMMENDATION: The City Council approve the Automatic Aid Agreement for Fire, Rescue and Emergency Medical Services between the City of Newport Beach and the City of • Huntington Beach and authorize the Mayor to execute the agreement. DISCUSSION: For more than forty years, Orange County fire departments have been sharing resources across jurisdictional boundaries to ensure prompt emergency service to our border constituents. This has been accomplished through the use of automatic aid, mutual aid and assistance for hire agreements. Automatic aid agreements are those that provide for the sharing of pre - selected resources from one jurisdiction into another, as programmed into our respective computer aided dispatch computers. This occurs automatically, without any further review or request. An example of automatic aid is the automatic dispatch of our temporary fire station resources into Santa Ana Heights. We currently manage our automatic aid with the City of Huntington Beach through our participation in the Central Net Operations Authority (CNOA), a joint powers authority. Mutual aid agreements are the reciprocal sharing of like resources on an as- needed, as- requested, as- approved basis. One agency makes the request of another agency, which reviews each request before approving or disapproving said request. A great example of that is the huge number of mutual aid units that responded into Laguna Beach during their 1993 fire storms event. We have been a member of the State of California Master Mutual Aid Agreement for many years. January 27, 2004 . Council Agenda Item No. 6 Assistance by hire is when one agency agrees to pay another agency for the use of a specified resource. An example of this is when a jurisdiction uses aircraft for fighting fires; they pay for the time used at the pre- agreed rate. In response to our October 1, 2003 withdrawal from CNOA and to the establishment of new federal rules pertaining to Medicare reimbursements for emergency medical services, the attached agreement has been prepared for your consideration. In general, the agreement acknowledges the mutual benefit of cross - jurisdictional assistance as the policy of each party to the agreement and authorizes the Fire Chief from each jurisdiction to establish the specific level of assistance through the use of a Memorandum Of Understanding (MOU). A copy of the MOU is attached as reference. This is consistent with the previous agreement managed under CNOA. Prepared and Submitted by: Riley, T ire hief 0 • • AUTOMATIC AID AGREEMENT FOR THE EXCHANGE OF FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES between the CITY OF HUNTINGTON BEACH and the CITY OF NEWPORT BEACH THIS AGREEMENT by and between the CITY OF HUNTINGTON BEACH, a municipal corporation in the County of Orange, hereinafter referred to as " HUNTINGTON BEACH ", and the CITY OF NEWPORT BEACH, a municipal corporation in the County of Orange, hereinafter referred to as "NEWPORT BEACH" WHEREAS, HUNTINGTON BEACH and NEWPORT BEACH provide fire, rescue and emergency medical services within their respective jurisdictions; and WHEREAS, HUNTINGTON BEACH and NEWPORT BEACH have found it to be of mutual benefit if the services of each fire department are in some circumstances extended outside of the limits of each jurisdiction into the boundaries of the other; and WHEREAS, the parties hereto desire to enter into a mutual response pact, wherein, in • some circumstances, one party will respond to a fire, rescue or emergency medical incident occurring within the jurisdictional limits of the other party; NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties hereby agree as follows: 1. This Agreement is a guide for day -to -day operations. It is not intended to replace or revise the Orange County Fire Services Operational Area Mutual Aid Plan. The specific details of the service to be provided under this Agreement and the general operational policies, including, but not limited to, response areas and types of equipment, operational command, incident reports, dispatch and communications, training, and response maps and preplans, and evaluation of effectiveness shall be determined by the HUNTINGTON BEACH Fire Chief and the NEWPORT BEACH Fire Chief in a Memorandum of Understanding ("MOU"), Operational components of the MOU may be amended by the mutual written agreement of the HUNTINGTON BEACH Fire Chief and the NEWPORT BEACH Fire Chief. The Governing Body of HUNTINGTON BEACH and the Governing Body of the NEWPORT BEACH shall approve any change in the MOU that constitutes a change in policy. 2. Each party shall, at its own expense, develop and provide for the necessary cross • connections of its communication system with the communication system of the other. 3. Each party shall, at its own expense, provide to the other party a predetermined grid mapping system designating the response area for its areas included in this Agreement. • 4. Responsibility for responding to requests for ambulance service shall continue to rest with the fire agency of the jurisdiction in which the emergency occurs. 5. The services provided by each party pursuant to this Agreement shall be provided at no cost to the other party. In the event an emergency is declared, this Agreement shall not constitute a waiver of the rights of the respective parties to claim state and/or federal reimbursement. 6. The HUNTINGTON BEACH Fire Chief and NEWPORT BEACH Fire Chief or their designated representatives shall determine and agree upon the capabilities of each party to respond to incidents requiring special equipment. 7. The parties understand and agree that the responding party's response to a request for aid shall depend upon any existing emergency conditions within its own jurisdiction and the availability of its resources. 8. For purposes of liaison and the administration of this agreement, the HUNTINGTON BEACH Fire Chief and the NEWPORT BEACH Fire Chief are designated as the representatives of the respective parties to this Agreement, and they shall be jointly responsible for administration of this Agreement. 9. This Agreement shall become operational and effective upon execution by both parties. The Agreement shall remain in effect until termination by either party. It is further agreed that either party may terminate the Agreement at any time by giving written notice to the other party at least sixty days (60) prior to the date of termination. 10. The parties agree that the provisions of this Agreement are not intended to directly benefit, and shall not be enforceable by any person or entity not a party to this Agreement. By entering into this Agreement, neither party waives any of the immunities provided under state or federal law. 11. Notwithstanding the provisions of Government Code 895.2, each party shall defend, indemnify, and hold harmless the other party and its officers, agents, employees and representatives from any and all losses, liability, damages, claims, suits, actions and administrative proceedings, and demands and all expenditures and cost relating to acts or omissions of the indemnitor, its officers, agents or employees arising out of or incidental to the performance of any of the provisions of this Agreement. Neither party assumes liability for the acts or omissions of persons other than each party's respective officers, agents or employees. . By entering into this Agreement, neither party waives any of the immunities provided by 0 0 • the Government Code or other applicable provisions of law. This Agreement is not intended to confer any legal rights or benefits on any person or entity other than the parties of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF HUNTINGTON BEACH By: Dated: Cathy Green, Mayor Connie Brockway, City Clerk Duane Olson, Fire Chief APPROVED AS TO FORM: BY: Jennifer McGrath, City Attorney CITY OF NEWPORT BEACH By: Tod Ridgeway, Mayor LaVonne Harkless, City Clerk APPROVED AS TO FORM: BY: Robert H. Burnham, City Attorney Dated: Ray Silver, City Administrator Dated: Dated: Dated: MEMORANDUM OF UNDERSTANDING • for EXCHANGE OF FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES between the CITY OF HUNTINGTON BEACH and the CITY OF NEWPORT BEACH This Memorandum of Understanding ( "MOU ") is authorized by the City of Huntington Beach Fire Chief and the City of Newport Beach Fire Chief in an Agreement for Exchange of Fire, Rescue and Emergency Medical Services effective upon execution by both parties and is subject to the terms and conditions set forth in said Agreement. The purpose of this MOU is to outline the procedures for implementing the Agreement between the City of Huntington Beach Fire Department, hereinafter referred to as "HUNTINGTON BEACH" and the City of Newport Beach Fire Department, hereinafter referred to as "NEWPORT BEACH ". This MOU is a guide for day -to -day operations. It is not intended to replace or revise the Orange County Fire Services Operational Area Mutual Aid Plan. This MOU replaces any existing MOU in effect between HUNTINGTON BEACH and NEWPORT BEACH. AMOUNT AND TYPE OF ASSISTANCE This MOU is for the exchange of fire, rescue and emergency medical services to the areas specified. The identified fire department resources will respond to emergencies as set forth below. For the purposes of this MOU, the following definitions will apply to identified resources: AMBULANCE: Refers to a fire department resource operated for the purpose of transporting patients requiring immediate or ongoing medical services in compliance with Orange County EMS Agency Policy and Procedure #720.00 definitions for "ambulance "; and "emergency transportation ". AUTOMATIC AID: Refers to sharing of pre - selected resources from one jurisdiction into another, automatically as programmed into our respective computer aided dispatch computers. There is NO requirement for one agency to pay another agency for the use of the pre- selected resources. BATTALION CHIEF: Refers to an officer capable of and responsible for commanding incident resources and overall scene management. ENGINE: Refers to a fire department resource meeting the equipment standards of a FIRESCOPE ICS Type I Engine with a minimum staffing of three (3) personnel. • PARAMEDIC: Refers to a fire department resource providing advanced life • support services in compliance with Orange County EMS Agency Policy and Procedure #090.00 definitions for "advanced life support"; "advanced life support unit "; and "emergency medical technician/ paramedic ". TRUCK: Refers to a fire department resource capable of providing a minimum elevated stream and rescue capability of not less than fifty (50), feet and a minimum staffing of three (3) personnel. Additional resources not described in this MOU may be requested by the Incident Commander or appropriate dispatch center through normal Mutual Aid channels as outlined in the Orange County Fire Services Operational Area Mutual Aid Plan. RESPONSE AREAS 1. NEWPORT BEACH SHALL PROVIDE AUTOMATIC AID: In accordance with dispatch procedures, up to five ENGINES, one BATTALION CHIEF, one TRUCK and two PARAMEDICS from NEWPORT BEACH stations to districts within HUNTINGTON BEACH'S jurisdiction where NEWPORT BEACH resources are closer; and In accordance with dispatch procedures, AMBULANCES from NEWPORT BEACH stations to districts within HUNTINGTON BEACH'S jurisdiction based upon mutually agreed reduced call -out procedures. When used to provide emergency transportation, NEWPORT BEACH is authorized by this agreement to charge the patient(s) its usual and customary rates for the level of service provided. At no time will HUNTINGTON BEACH be responsible for payment for AMBULANCE services provided by NEWPORT BEACH. NEWPORT BEACH agrees to extend its FireMedics municipal paramedic membership program benefits to members of the HUNTINGTON BEACH FireMed program. 2. HUNTINGTON BEACH SHALL PROVIDE: In accordance with dispatch procedures, up to five ENGINES, one BATTALION CHIEF, one TRUCK and two PARAMEDICS from HUNTINGTON BEACH Stations to districts within NEWPORT BEACH's jurisdiction where HUNTINGTON BEACH resources are closer. In accordance with dispatch procedures, AMBULANCES from HUNTINGTON BEACH stations to districts within NEWPORT BEACH'S jurisdiction based upon mutually agreed reduced call -out procedures. When used to provide emergency transportation, HUNTINGTON BEACH is authorized by this agreement to charge the patient(s) its usual and customary rates for the level of service provided. At no time will NEWPORT BEACH be responsible for payment for AMBULANCE services provided by HUNTINGTON BEACH. HUNTINGTON BEACH agrees to extend its FireMed program benefits to members of the NEWPORT BEACH FireMedics program. Changes in this written MOU may be made at any time by mutual written agreement of the HUNTINGTON BEACH Fire Chief and NEWPORT BEACH Fire Chief. A signed amendment to this document will be prepared accordingly and distributed to all holders. OPERATIONAL COMMAND The first arriving officer will assume command until he or she reassigns command or is relieved by a chief officer. The highest- ranking officer from the authority having jurisdiction will have the ultimate authority to assume command. All operations will be conducted in a coordinated and organized manner. INCIDENT REPORTS When units of both agencies have responded to an incident, the unit of the agency having jurisdiction will be responsible for preparing the incident report. When no units from the jurisdictional agency respond to an incident, the units from the responding jurisdiction shall prepare their own incident report and the responding agency shall provide copies of the incident report to the jurisdictional agency. DISPATCH AND COMMUNICATIONS Request for services will follow the guidelines noted below: a) Contact shall be made to the dispatch center through pre - established communication links • requesting a resource by fire station and unit type identified in this Agreement. b) All necessary information including address, type of emergency, tactical radio channel and related information that is available shall be relayed to responding units and updated as appropriate. C) The agency receiving the request shall dispatch the requested resource, if available, and shall provide the responding units with all pertinent information, identifying the jurisdictional dispatch center and tactical radio channel. d) If the requested type of unit is not in the station requested and located so as to result in an extended response time, the requesting agency's dispatch center will be advised of the delay to ensure that the closest unit will respond. e) If the requested unit encounters delays resulting from seasonal, traffic, or other restrictions, so as to result in an extended response time, the requesting agency's dispatch center will be immediately advised of the delay. TRAINING Periodic interagency training shall be conducted for the purpose of improving working relationships and operational coordination between NEWPORT BEACH and HUNTINGTON BEACH units. This training shall be coordinated through the NEWPORT BEACH Fire Training Officer and the HUNTINGTON BEACH Fire Training Officer. 0 RESPONSE MAPS AND PREPLANS Upon execution of this MOU, each agency shall provide the other with current standard response maps and shall provide updated versions as changes occur. 1 r� �_J EVALUATION . The effectiveness of the procedures contained in this MOU shall be evaluated annually, or as significant changes occur, by the NEWPORT BEACH's Fire Operations Officer and the HUNTINGTON BEACH's Fire Operations Officer, CITY OF HUNTINGTON BEACH M Duane Olson, Fire Chief City of Huntington Beach CITY OF NEWPORT BEACH FIRE DEPARTMENT Date BY: Date Timothy Riley, Fire Chief Newport Beach Fire Department 0 0 -94� ORDINANCE NO. 2003 - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2003 -009 TO SPECIFY A MAXIMUM HEIGHT LIMITATION SPECIFIC TO LANDMARK BUILDINGS (PA2003 -212) Section 1. The City initiated several amendments with respect to property located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10, Lot 4 &5, proposing to change the General Plan and Local Coastal Plan land use intensity limit from a floor area ratio to a number of seats standard, and change Title 20 of the Municipal Code to specify a maximum height limitation specific to Landmark Buildings. Section 2. A public hearing was held on November 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of this meeting, the Planning Commission adopted Resolution No. 1620, recommending that the City Council approve the proposed amendment to the zoning district map. Section 3. The City Council held a public hearing on December 9, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. Section 4. The subject property is located within General Plan Land Use Element Statistical Area D3 Central Balboa Area. The Central Balboa Area is designated for Retail and Service Commercial, pure residential uses and mixed commercial /residential uses with residential uses permitted on the second floor or above only. The Balboa Theater site is designated Retail and Service Commercial. Section 5. The proposed project has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. The site is currently developed with a commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 6: The City Council of the City of Newport Beach does hereby approve Code Amendment No. 2003 -009 as depicted in Attachment "1 ". Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of December, 2003, and adopted on the 13th day of January 2004, by the following vote, to wit: ATTEST: AYES, COUNCIL MEMBERS Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Adams ABSTAIN, COUNCIL MEMBERS Nichols MAYOR ��hju��Id� AAA CITY CLERK ATTACHMENT 911" Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for the following added subsection: "H. Landmark Buildings. Any alteration or addition to a Landmark Building (see Section 20.62.065) shall be exempt from the restrictions of this chapter, provided any such structural alteration or addition that exceeds the height of the existing structure shall require a use permit and shall not exceed fifty -five (55) feet." The use permit may be approved only if the following findings are made: 1. The portion of the structural alteration or addition that exceeds the height of the existing building does not significantly impact public views. 2. The portion of the structural alteration or addition that exceeds the height of the existing building will not be used in a manner that increases the intensity of the use of the Landmark Building or the project site. 3. The height of the Landmark Building approved by the use permit will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the Landmark Building." STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven, that the foregoing ordinance, being Ordinance No. 2003 -21 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of January 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan. Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: None Absent: Adams Abstain: Nichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2003 -21 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 17, 2004. 2004. In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California Greenlight Post Office Box 319 Corona del Mar, CA 92625 "RECE(V D RAFTER AGENDA�y PRINTED:" k " January 12, 2004 Mayor Tod Ridgeway and Members of the Newport Beach City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Ref: Balboa Theater Agenda Item #6, City Council meeting of January 13, 2004 Dear Mayor Ridgeway: Greenlight supports the Balboa Theater renovation. However, the proposed General Plan Amendments (GPA.) in Agenda Item #6 is inconsistent with the intent of the voters of Newport Beach who passed Measure S, now codified as City Charter Section 423 (The Law), in order to maintain voter control over GPAs. "Should the City Council amend the Land Use Element of the General Plan and Local Coastal Program land use designations to change the intensity limit for property located at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats? " (Ref 1.) This proposed action, if consummated, would illegally exclude major intensity GPAs for theaters from review by the voters, or from compilation of minor intensity GPA's for the statistical area of their location as required by The Law. There is no basis for exclusion of theaters, or any other type of development for that matter, from the Intensity criteria defined by The Law. Therefore, making any changes to the land use designations for the GP and LCP must include a square footage definition for the current configuration and projected improvements for the parcel. It is particularly disturbing to have read the staff report for this project that was presented to the Planning Commission on September 18, 2003 that reads in part "While floor area and FAR's are the most common form of intensity limit, the Land Use Element also establishes limits based upon other factors, including hotel rooms, theater seats and tennis courts. "(Ref 2.) This is primary evidence that the city's actions are not in conformance with The Law as it attempts to permit certain developments, through the use of artful and deceptive wording, to avoid the legally required vote of the people. Additionally, the use of language such as the above to describe projects permits the hiding of high intensity portions of the GPA from the people. For example, additions to the second story of the Balboa Theater have been discussed. Additions and remodeling to the Port Theater have also been discussed. All such floor area additions would be exempt from the current FAR restrictions and The Law's requirement for voter approval of major or the sum of minor increases in Intensity. Additionally, implementing a large convention center has been discussed for two prospective bay side hotels. These high traffic - generating intensities were intended by the voters to be included in determining the need for voter approval. Under the city's approach of counting hotel rooms and omitting square footage, they are not. It is granted that the General Plan designations of theaters are inconsistent (Encl. 1.) Of the five theaters in the city, three do not have theater seat callouts and instead are included in their commercial district square footage intensity allowance. One is called out both in terms of seats and square footage. One is called out in theater seats only. It would be a positive move on the part of the city to clarify these few ambiguities in favor of providing designations that could be referenced in accordance with the Law. Unfortunately, the current proposal for the Balboa Theater removes the last vestige of applicable Intensity references under the Law and should therefore be rejected. A key goal of this letter and the previous letter from Greenlight's Attorney, Mr. Douglas Carstens of Chatten -Brown and Associates, is to stop the creation of precedents to further bypass The Law through callouts of special circumstances for the hotel and now theater GPA's. The Measure S Guidelines must be brought into conformance with The Law and the callouts for hotels, theaters and other types of developments kept consistent with the expressed will of the people to have a say on all present and future GPAs through measurement of their Intensity, Density and Peak Hour Traffic. Sincerely, Greenli41r ht P Spokesperson CC: Greenlight Steering Committee; Douglas Carstens; John Buttolph Ref 1:) City of Newport Beach Staff Report "Landmark Buildings .... Balboa Theater and Local Coastal Program Amendment ..." dated December 9; 2003. Ref 2.) City of Newport Beach Staff Report "General Plan Amendment Initiations" ..." dated September 18, 2003 Patrick Alford to Planning Commission. Enclosure 1.) Theater Callouts in the LUEGP Theater Callouts in the LUEGP 1. Balboa Theater (Statistical Area 133) This old movie theatre, now abandoned, is included in the square footage allowance for the Central Balboa Retail and Commercial land use designation. No theater seat designation is called out. 2. Port Theater (Statistical Area 179 ) — This old movie theatre, now abandoned, is included in the square footage allowance for the Corona del Mar Commercial area. No theater seat designation is called out. 3. Lido Theater (Statistical Area B5) This still operational movie theater is included in the square footage allowance for the Lido Village Commercial area _No theater seat designation is called out. 4. Edwards Big Newport Theaters (Block 300 Statistical Area L1) — Called out as 2,050 theater seats and 104,158 sq. ft of office development. Estimated square footage in accompanying table is 408. This signifies that 30,000 sq. It of Intensity were originally designated for the 1150 theater seats before a GPA for 897 more seats was approved in 1994. 5. Edwards Island 7 Theaters (Statistical area L1) — An allowance for 1,700 theater seats is called out within the Fashion Island commercial area. No square footage designation is included.