HomeMy WebLinkAboutCooperative Agreement for Fire Related Svcs and JPA Agreement Reforming the Cove Communities Svcs CmsnCITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: CONSIDERATION OF A COOPERATIVE AGREEMENT TO
PROVIDE FIRE RELATED SERVICES BETWEEN THE COUNTY
OF RIVERSIDE AND THE CITY OF PALM DESERT AND A JOINT
POWERS AGREEMENT REFORMING THE COVE
COMMUNITIES SERVICES COMMISSION
SUBMITTED BY: CARLOS L. ORTEGA, CITY MANAGER
DATE: J U N E 23, 2005
CONTENT: 1. COOPERATIVE AGREEMENT TO PROVIDE FIRE RELATED
SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE
CITY OF PALM DESERT
2. JPA REFORMING THE COVE COMMUNITIES SERVICES
COMMISSION
3. PRELIMINARY PUBLIC SAFETY COMMISSION MINUTES -
MAY 11, 2005
Recommendation
By Minute Motion:
PROVIDE direction relative to the City providing fire inspection services directly
or via a contractual agreement with the Riverside County Fire Department.
2. APPROVE adoption of the County Fire budget in Exhibit "A" of the staff report.
3. APPROVE the attached Cooperative Agreement to provide fire related services
between the County of Riverside and the City of Palm Desert and authorize the
Mayor to execute this document.
4. APPROVE the Joint Powers Agreement reforming the Cove Communities
Services Commission and authorize the Mayor to execute this document.
Executive Summary
The Cove Communities Services Commission was created over twenty years ago in an
attempt to establish a viable fire department, with sufficient personnel and equipment,
within the Cove Communities of Palm Desert, Rancho Mirage, and Indian Wells. These
three cities formed a collaborative partnership to provide improved fire suppression
services within their region and subsequently evolved to a point that each one can fund
its own fire services contract.
County Fire Cooperative Agreement/Revised Cove Commission JPA
June 23, 2005
Page 2 of 6
On May 13, 2004, the City Council directed staff to inform the Cove Communities
Services Commission that Palm Desert wished to opt out of the Cove agreement and
negotiate a stand-alone contract for fire fighting and paramedic services with the County
of Riverside. The Cove Commission subsequently decided that all member cities would
seek separate contracts; however, this action would not go into effect until July 1, 2005,
allowing each city ample time to negotiate separate agreements.
The Cove Commission will still meet when required to act on issues of regional
importance, but will not have any fiscal responsibilities. The Commission's reformation
will be outlined via the attached revised Joint Powers Agreement, which the Cove
Commission will consider on June 21, 2005. The County Fire contract will essentially
be administered through the same arrangement the City has with the County of
Riverside in providing police services. Please note that it is still advantageous to pursue
cost sharing with the other Cove cities on certain fire services, which include the ladder
truck and a Paramedic Coordinator position, as outlined in the revised JPA. The
proposed agreement with the County shall be for a five year period commencing July 1,
2005, and concluding June 30, 2010. Please note that the contract is renewable
annually, at which time the City may terminate the agreement by providing a twelve-
month notice.
The City's gross estimated cost for fire services in FY 2005/2006 is approximately
$7,157,333. Please note that this cost does not take into account any Fire Tax Credit,
Proposition A funds, and shared services reimbursements from the two remaining Cove
cities. If such compensation was included, the cost is reduced to $1,457,705.
Discussion
Under a unique arrangement, the cities of Palm Desert, Rancho Mirage, and Indian
Wells joined together in 1981 to form the "Cove Communities Fire Commission", which
is known today as the "Cove Communities Services Commission". The Cove
Commission is comprised of six elected city councilmembers, two from each
participating city.
The monthly meetings are hosted and staffed by one of the cities annually, with the
terms rotating at the end of each fiscal year. Programs and various projects are
reviewed at Commission meetings, including fire, law enforcement, and Josyln Senior
Center activities. However, each city currently maintains separate law enforcement
contracts with the Riverside County Sheriffs Department, while having a single
collaborative contract with the County for fire suppression services. The three Cove city
managers and fire/police personnel report and advise the Commission and comprise
the Cove's Technical Advisory Committee (Cove TAC).
The City of Indian Wells recently exercised its right to opt out of this joint partnership
because it feels the current formula is not equitable. Since the current joint powers
agreement (JPA) does not allow a unilateral formula revision, the only option a member
city has is to withdraw from the Cove Commission.
On May 13, 2004, the City Council indicated its desire to opt out of the Cove agreement
and negotiate a stand-alone contract for fire fighting and paramedic services with the
County of Riverside. The Cove Commission subsequently decided that all member
cities would seek separate contracts.
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County Fire Cooperative Agreement/Revised Cove Commission JPA
June 23, 2005
Page 3of6
On June 30, 2004, the Cove Communities Services Commission unanimously agreed to
notify the Riverside County Fire Department of its intent to terminate the existing Joint
Powers Authority (JPA) agreement for fire services. For the last year, all three cities
have negotiated separately with the County Fire Department for a new contract that
would commence on July 1, 2005. In the interim, the three cities operated under the
existing Cove collaborative fire contract and formula. The City of Palm Desert's
proposed five-year agreement with the County of Riverside will be effective through
June 30, 2010. This contract is the standard agreement that will be entered into with all
cities contracting for Fire Services with the County. The contract is renewable annually,
at which time the City may terminate the agreement by providing a twelve-month notice.
Analvsis
The level of service with regards to fire and paramedic personnel for Palm Desert will
not change as it currently stands. A separate Joint Powers Agreement (JPA) between
the three cities will address shared costs for the Ladder Truck and Paramedic
Coordinator, whereby the County will bill Palm Desert directly for them. This draft JPA
is attached for the Council's review. The significant contract modifications are as
follows:
• Ladder Truck: The ladder truck will be stationed and paid for by the City of Palm
Desert. The estimated cost for operating this vehicle in 2005/2006 is $1,446,622.
The cost to each city shall be based upon the following formula:
One half (50%) of the operating costs shall be based on a
proportion of Fire Department service calls for the preceding year,
as determined by the Fire Department, (the last reported Palm
Desert proportion was 75%), and;
2. One half (50%) of the operating costs shall be divided equally
between the participating cities.
Paramedic Coordinator: The cost for the Paramedic Coordinator shall be based
on the proportional share of the medic units in each community, as it relates to
the total number of units operated in the Cove Communities. The City of Palm
Desert has three (60%) of the five total medic units in the Cove Cities.
• Structural Fire Tax: The City has re -negotiated the Structural Fire Tax pass -
through agreement. Under the terms of the original agreement, the City was
entitled to only 70% of the amount collected by the county annually (the credit).
Under the new terms, the County Fire Department has agreed to a fixed base
amount of $952,678, beginning FY 2005/06 and thereafter, allowing the City to
receive 100% of the City's assessed valuation increase. This tax is collected by
the County and is passed through to the County Fire Department on behalf of the
City. This tax is a credit to Palm Desert, offsetting the cost of fire services. The
Structural Fire Tax Credit will continue to grow as the City's assessed valuation
increases.
GACrtyMgrWmy Hughes\Word FilesWryan\Staff reportMPublic Safety Fire Contract 62305.doc
County Fire Cooperative Agreement/Revised Cove Commission JPA
June 23, 2005
Page 4of6
Fire Prevention Services
Local governments have a need to employ fire prevention services personnel as part of
their life and safety system program. This system must include well -trained
personnel that will develop acceptable measures to provide all occupants of buildings
with an acceptable safety standard. Fire prevention personnel provide the city with a
program that includes, but is not limited to, the verification of commercial building usage
via annual inspections and reviewing new construction, fire suppression systems,
design, and fire alarm systems. This fire prevention program inspects buildings and
provides the business community with a method to remove or eliminate any potential
fire concerns, while increasing occupant safety. New construction, fire suppression
systems, and fire alarm systems need careful review for compliance with California
codes that will ensure a satisfactory life safety standard that maximizes occupant safety
in every structure. Fire prevention is a very effective and efficient program that saves
lives and property. However, there are currently many overlapping programs that
create a duplication of effort and confuse the general public.
Currently, the City's Building and Safety and County Fire Departments are providing
intersecting and overlapping duties within the area of construction. These two
Departments are both reviewing and inspecting for requirements that are listed in
the California Building, Electrical, Fire, Mechanical, and Plumbing Codes, which is also
known as Title 24. It is estimated that 45 percent of the California Building Codes are
duplicated efforts by these two agencies. Duplication of plan review and inspections are
general building limitations, types of construction, fire-resistant materials and
construction, interior and exterior finishes and wall coverings, fire -protection systems,
means of egress, roofing and roof structures in general terms. All of these areas have
been plan reviewed by the Building Official for over 50 years. However, in California the
State Fire Marshal and State Architect is the representative of building codes for the
California Building Standard Commission.
In an effort to eliminate duplications and reduce customer confusion over services, the
Public Safety Commission was asked on May 11, 2005, to consider the City directly
providing fire prevention services. Such services would be supplied by the hiring of
two certified fire prevention staff members, which are trained and certified as
recommended by the State Fire Marshals office for Fire Prevention Officers. Another
area of consideration would include enhancing customer service to the business
community. Under this arrangement, most of the redundant duties will be eliminated
and or improved upon. The Fire Inspectors would become regular city staff
members, thereby leading towards an improved internal and external customer relations
program that would offer a more hands on assistance to the community. The fiscal
impact of this proposal is as follows:
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County Fire Cooperative Agreement/Revised Cove Commission JPA
June 23, 2005
Page 5 of 6
FY 2006/2006
CURRENT FIRE INSPECTION PROGRAM
(PROVIDED BY RIVERSIDE COUNTY)
Battalion Chief (52% shared) $190,034 $98,817
Fire Safety Specialist (xl) $77,139 $77,139
Fire Systems Inspectors (x2) 63,085 $126,169
FY 2005/2006
PROPOSED FIRE INSPECTION PROGRAM
PROVIDED BY THE CITY OF PALM DESER'
If the City were to implement its own fire inspection program, there would be an initial
start-up cost of approximately $50,000. Thereafter, the annual cost savings would be
approximately $138,818.
The Public Safety Commission subsequently recommended that the County Fire
Department continue to provide such services and to explore relocation of the Fire Safety
Specialist position to the Building Department. At their June 7, 2005, Budget Study
Session, the City Council directed staff to continue discussion with Fire Department Staff
and develop a collaborative solution to address eliminating duplication of effort and
enhancing customer service. At the time this report was prepared, this meeting had not
occurred. However, this meeting will occur before the June 23, 2005, City Council meeting,
at which time Staff will provide an update on this matter.
Fiscal Impact
Per the proposed agreement, the County shall provide the City a detailed exhibit
supporting their annual costs for fire prevention/suppression and medical aid. The net
cost for fire and paramedic services with an individual contract is $1,457,705. An
advantage of this action is that each city could develop a contract representing the
service level it considers both affordable and desirable. Palm Desert would no longer
be bound by the decisions of other cities looking to alter their service level.
Please note that the following fiscal impact analysis assumes that the County will
continue to provide fire inspection services. If the City were to provide fire inspection
services, a cost savings of $138,818 would occur as noted above.
G XCityMgAAmy HughestWord FOWAryantStaff reportMPuWic Safety Fire Contract 62305.doc
County Fire Cooperative Agreement/Revised Cove Commission JPA
June 23, 2005
Page 6 of 6
Reimbursements for Shared Costs/Revenues
1. Less Ladder Truck Reimbursement ($665,446)
2. Less Medic Coordinator Reimbursement ($64,126)
3. Less Fire Tax Credit ($3,070,056)
4. Less Proposition A Tax Credit ($1,900,000)
.. T 1...:.......... R . N . 3, �a' f iT ► 1t.. ►? 5
Approved By:
Carlos L. Ortegv
City Manager
Reviewed By:
Paul Gibson
Director of Finance
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ACM, Develop a Services
G \CityMgMmy HugheslWord Files1kyantStaff reportsWubhc Safety Fire Contract 82305.doc
A COOPERATIVE AGREEMENT
TO PROVIDE FIRE RELATED SERVICES BETWEEN THE COUNTY OF
RIVERSIDE AND THE CITY OF PALM DESERT
THIS AGREEMENT, made and entered into this day of
2005, by and between the County of Riverside, hereinafter called "County", and the City
of Palm Desert, hereinafter called "City", whereby it is agreed as follows:
PURPOSE
The purpose of the Agreement is for the County, through its Cooperative
Agreement with the State of California, to provide the City with fire protection, fire
prevention, rescue, and medical aid services. This Agreement is entered into pursuant
to the authority granted by Government Code Sections 55603, 55603.5, 55632, 55606
and 55642, and will provide a unified, cooperative, integrated, and effective fire
protection, rescue, and medical aid system.
TERM
A. Effective Dates. The initial term of this Agreement shall be for a period of
five (5) years, from July 1, 2005 through June 30, 2010.
B. Renewal. In the event City desires to terminate this Agreement at the end
of any current five (5) year period, the City Council, not later than twelve (12) months
preceding the expiration date of the current term of this Agreement, shall notify the
County Fire Chief and the County Board of Supervisors that it wishes to terminate the
same; otherwise, this Agreement shall be automatically renewed for an additional five
(5) year period at the level of service then currently in effect. As a matter of
convenience to the Parties hereto, and in order to facilitate continuity of the fire
protection services provided to City, the Parties may mutually approve and ratify any
automatic renewal of this Agreement retroactively to the effective date of such
automatic renewal.
C. Termination. Notwithstanding the provisions of Paragraphs II(A) and II(B)
herein, either Party may terminate this Agreement as of the beginning of the first day of
July of any year upon notice in writing to the other Party of not less than twelve (12)
months prior thereto.
SCOPE OF SERVICES
A. Fire Related Services. In consideration for the payments made by City
under Paragraph VI of this Agreement, the County agrees to provide fire protection, fire
prevention, rescue, and medical aid services, hereinafter "Fire Related Services", to City
within the jurisdictional limits of the City to the extent and in the manner hereinafter set
forth in attached Exhibit "A", as may be amended thereafter, incorporated herein by this
reference. The Fire Related Services shall encompass duties and functions of the type
falling under the jurisdiction of and customarily rendered by a fire department of the City
under State statutes.
B. Cost of Services. The Fire Related Services to be provided by the County
and the estimated cost of these services to be performed by County, and all related
costs, shall also be set forth in Exhibit "A".
C. Expenses. All related expenses borne directly by the County and to be
reimbursed by the City shall be shown separately.
D. Cost Schedule. The County shall provide the City Finance Director a
detailed schedule supporting cost as summarized in Exhibit "A".
E. County Emplovees. The City agrees to pay the actual cost of salaries,
plus retirement and all other employee benefits, for those personnel employed in
accordance with Exhibit "A". The City agrees to budget sufficient funds to pay for those
services listed under Exhibit "A".
IV.
LEVEL OF SERVICES
A. Level of Service Specified. The County shall provide all Fire Related
Services at the level specified in Exhibit "A".
B. Variation in Level of Service. Variation in the level of service shall be
made by amendment, as provided in Paragraph XIV of this Agreement, and under the
following terms:
If City requests a change in the level of service to be provided in this
Agreement, County agrees to provide this amended level of service as soon as
practicable, consistent with the ability of the County to do so.
C. Proiected Level of Service and Cost. Notwithstanding other provisions of
this Agreement, by March 31 st of each year this Agreement is in effect, the City shall
notify the County in writing whether the City will be varying the level of service specified
in Exhibit "A".
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D. Proiected Cost of Service. By March 31 st of each year this Agreement is
in effect, the County shall notify the City in writing the projected cost of providing the
Fire Related Services described Exhibit "A" for the following fiscal year, taking into
account any variances in the level of service requested by the City pursuant to
Paragraph IV(C) above.
E. State Emolovees. The County provides fire personnel through its contract
with the California Department of Forestry and Fire Protection and if during the term of
this Agreement City shall desire a reduction in State civil service employees assigned to
the organization provided for in Exhibit "A", City shall provide one hundred twenty (120)
days written notice of the requested reduction. Proper notification shall include the
following: (1) The total amount of reduction; (2) The effective date of the reduction; and
(3) The number of employees, by classification, affected by a reduction. If such notice
is provided less than one hundred twenty (120) days prior to the effective date of the
requested reduction, City shall reimburse County for relocation costs incurred by State
because of the reduction. Personnel reductions resulting solely due to an increase in
State employee salaries or State expenses occurring after executing this Agreement
and set forth in Exhibit "A" to this Agreement shall not be subject to relocation expense
reimbursement by City. The County shall provide schedules in the form of Exhibit "A"
for future fiscal years during the term of this Agreement. The schedules shall be subject
to the approval of the City.
F. Flexibility. The County will be allowed reasonable flexibility in the
assignment of available personnel and equipment in order to provide the Fire Related
Services as agreed upon herein.
V.
COUNTY FIRE CHIEF
A. Countv Fire Chief. The County Fire Chief shall represent, for purposes of
and with respect to Fire Protection Services, both the County and City during the period
of this Agreement. The County Fire Chief, under the supervision and direction of the
County Board of Supervisors, shall have charge of the Fire Related Services described
in Exhibit "A", for the purpose of providing these services as deemed necessary to meet
the needs of both the County and the City, except upon those lands wherein other
agencies of government have responsibility for the same or similar fire protection
services.
B. City Fire Chief. The City shall appoint the County Fire Chief to be the City
Fire Chief.
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IM
PAYMENT FOR SERVICES
A. The City shall appropriate annually a sum of money to provide Fire
Related Services within the area of responsibility of the City for the period from the date
of execution of this Agreement to June 30, 2010; to that sum so appropriated, the
County shall allow a credit to City in the estimated amount as represents 100%
structural fire taxes and redevelopment pass thru funds in excess of $952,678 collected
by County within the City. The amount of this credit shall be as determined by the
County Auditor -controller prior to the County's billing of its claim for services with City as
provided herein. The claim filed by County with City shall be those expenses in excess
of the credit allowed to City.
B. The County shall make a claim to the City for the cost of contracted
services as shown on Exhibit "A" during each of the following periods: (1) July 1 through
September 30, claim in October; (2) October 1 through December 31, claim in January;
(3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in
April for estimated cost of services, with final reconciliation to actual costs resulting in an
additional claim or refund to City, in July. City shall pay each claim within thirty (30)
days after receipt thereof. The County shall allocate the credit, as determined in VI(A),
to each claim in the amount of 25% of the credit.
C. Any change of the salaries or expenses set forth in said Exhibit "A" made
necessary by action of the California State Legislature or any other public agency with
authority to direct changes in the level of salaries or expenses, shall be paid from the
funds represented therein or as set forth in said Exhibit "A". There shall be no obligation
on the part of the City to expend or appropriate any sum in excess of Exhibit, "A" which
exceeds the yearly appropriation of the City for the purposes of the Agreement. If within
thirty (30) days after notice, in writing, from the County to the City that the actual cost of
maintaining the services specified in Exhibit "A" as a result of Legislative or other action
will exceed the total amount specified therein, and the City has failed to agree to make
available the necessary additional funds, the County shall have the right to reduce the
services furnished under this Agreement by an appropriate amount and shall promptly
notify the City, in writing, specifying the services to be reduced. If City desires to add
funds to the total included herein to cover the costs of increased salaries or services,
such increase shall be accomplished by an amendment to this Agreement approved by
the parties hereto.
VII.
PROVISIONS OF SUPERVISION, LABOR, AND EQUIPMENT
A. Supervision. Supervision over the rendition of the Fire Related Services,
the standard of performance, the discipline of employees, and other matters incident to
the performance of such services and the control of personnel so employed, shall
remain with County. Fire Chief or his/her designated representative shall meet and
confer with the City Manager or his/her designated representative on questions related
to the provision of services.
B. Labor and Equipment. For the purpose of performing said services,
County shall furnish and supply all labor, supervision, equipment, communication
services, and supplies, unless otherwise stated herein, necessary to maintain the level
of service to be rendered herein. Location of the above will not necessarily be within
City limits. Notwithstanding anything herein contained, it is agreed that in all instances
where specific equipment used solely to support specialized fire related services with
the City not normally provided by the Fire Chief is to be used, or where special supplies,
stationary, notice, forms, and the like related to fire related services are to be issues in
the name of the City, such equipment and materials shall be supplied by City at its own
cost and expense. Any such special equipment or material so purchased by City shall
meet with the Fire Chiefs specifications, shall remain within the City limits, and
ownership title thereto shall remain with City.
C. City -Owned Vehicles. In the event City provides vehicles for use in
providing services hereunder, the vehicles shall meet minimum specification furnished
by County, shall be adequately equipped and ready for use, and shall be registered in
the name of City. City shall bear the cost of maintenance, fuel, licensing, and any and
all expenses associate with use of the vehicles for the provision of services hereunder,
which is inclusive of responsibility for any and all cost for physical damage to the City -
owned vehicles. However, County shall be responsible for the cost of all third party
liability caused by the operation of City -owned vehicles, including property damage
caused by the negligence or wrongful acts of County personnel and employees while
operating City -owned vehicles.
County shall indemnify and hold City, its officials, officers, agents,
employees and independent contractors free and harmless from any claim or liability
whatsoever, based or asserted upon any act or omission by County officials, officers,
agents, employees, volunteers, subcontractors, or independent contractors, for property
damage, bodily injury or death, or any other element of damage of any kind or nature
arising out of the operation of City -owned vehicles pursuant to this Agreement, and
County shall defend at its expense, including attorney fees, City, its officials, officers,
agents, employees and independent contractors in any legal action or claim of any kind
based upon such alleged acts or omissions.
Vehicles owned by City shall be used only for City -approved functions.
See Exhibit "B" for a complete listing of the vehicles owned by City as of June 2005, that
may be used by County pursuant to this Agreement.
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D. Vehicle Insurance. City shall maintain insurance for any physical damage
to the vehicles in an amount equal to the replacement value of all vehicles provided to
the County under this Agreement. Policy, shall by endorsement, name the County of
Riverside, its elected and appointed officials, officers, employees, agents and
representatives as Additional Insureds.
VIII.
PROPERTY ACCOUNTING
All personal property provided by the City and by the County for the purpose of
providing Fire Related Services under the terms of this Agreement shall be marked and
accounted for by the County Fire Chief in such a manner as to conform to the standard
operating procedure established by the County Fire Department for the segregation,
care and use of the respective property of each. See exhibit "C" for a complete listing of
property owned by the City as of May 2005, that may be used by County pursuant to
this Agreement.
IA
COOPERATIVE OPERATIONS
All Fire Related Services contemplated under this Agreement shall be done by
both Parties to this Agreement working as one unit; therefore, personnel and
equipment, not included in Exhibit "A", "B" and "C" may be temporarily dispatched
elsewhere from time to time for mutual aid.
R
EMPLOYMENT STATUS
A. Emplovment Status. Any person employed by County for the performance of
services and functions pursuant to this Agreement shall remain employees of County on
special assignment to City for the purpose of this Agreement, and shall not be
considered employees of City. No such County employee shall have an entitlement to
compensation, workers' compensation coverage, pension, or civil service benefits from
City.
B. Labor Shortage. In the event of a work slow -down, strike, or any other form
of job action by those individuals assigned to City, County agrees to provide only that
level of service which may be available through mutual aid, pursuant to Government
Code Section 8615, et seq. City shall be billed only for the actual hours of service
received.
al
MUTUAL AID
If County renders mutual aid or assistance as authorized in Section 13050 and
13054, Health and Safety Code, the County may demand payment of charges and seek
reimbursement of City costs for personnel as funded herein, under authority given by
Section 13051 and 13054, Health and Safety Code. The County in seeking said
reimbursement will represent the City in following the procedures set forth in Section
13052, Health and Safety Code. Any recovery of City costs, less collection expenses,
will be credited to the City.
INDEMNIFICATION AND HOLD HARMLESS
A. Indemnification by City. City shall indemnify and hold County, its officials,
officers, agents, employees and independent contractors free and harmless from any
claim or liability whatsoever, based or asserted upon any act or omission of City, its
officers, agents, employees, volunteers, subcontractors, or independent contractors, for
property damage, bodily injury or death, or any other element of damage of any kind or
nature arising out of the performance of this Agreement to the extent that such liability is
imposed on County by the provisions of California Government Code Section 895.2 or
other applicable law, and City shall defend at its expense, including attorney fees,
County officials, officers, agents, and employees and independent contractors in any
legal action or claim of any kind based upon such alleged acts or omissions.
B. Indemnification by County. County shall indemnify and hold City, its
officials, officers, agents, employees and independent contractors free and harmless
from any claim or liability whatsoever, based or asserted upon any act or omission by
County officials, officers, agents, employees, volunteers, subcontractors, or
independent contractors, for property damage, bodily injury or death, or any other
element of damage of any kind or nature arising out of the performance of this
Agreement to the extent that such liability is imposed on City by the provisions of
California Government Code Section 895.2 or other applicable law, and County shall
defend at its expense, including attorney fees, City, its officials, officers, agents,
employees and independent contractors in any legal action or claim of any kind based
upon such alleged acts or omissions.
XIII.
DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered
when deposited in the United States mail and addressed to:
COUNTY
County Fire Chief
210 W. San Jacinto Ave.
Perris, CA 92570
CITY OF PALM DESERT
City Manager
73510 Fred Waring Drive
Palm Desert, CA 92260
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XIV.
ALTERATION OF TERMS
No addition to, or alternation of, the terms of this Agreement, whether by written
or verbal understanding of the parties, their officers, agents, or employees, shall be
valid unless made in the from of a written amendment to this Agreement which is
formally approved and executed by both Parties.
XV.
ADDITIONAL TERMS
A. Administration. The City Manager of the City shall administer this Agreement
on behalf of the City and the County Fire Chief shall administer this Agreement on
behalf of the County.
B. Severability. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions
shall continue in full force and effect.
C. Standard of Care. In performing the Fire Related Services required by this
Agreement, County agrees to use that degree of care and skill ordinarily exercised
under similar circumstances by fire department personal in performance of the duties
require by this Agreement.
D. No Third Partv Riqhts. The City and County agree that the provisions of this
Agreement are not intended to create or clarify any right in third parties not a Party to
this Agreement. In addition, no third party shall have any right or action hereunder.
This Agreement shall not be enforceable by any parties other than the City and County.
E. Privileges and Immunities. All privileges and immunities of the City and
County provided by state or federal law shall remain in full force and effect.
F. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the Parities, and shall not be assigned by either Party without the prior
written consent of the other.
G. Jurisdiction and Venue. This Agreement shall be construed under the laws of
the State of California. In the event any action of proceeding is filed to interpret,
enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the
state or federal courts in or nearest to Riverside County.
H. Entire Contract. This Agreement contains the whole contract between the
Parties. It may be terminated at any time or any provision herein contained may be
amended or modified upon the mutual written consent of the Parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed
as of the date first written above.
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT
CITY OF PALM DESERT
APPROVES AS TO CONTENT:
CARLOS L. ORTEGA
City Manager
APPROVAL BY CITY:
By:
BUFORD A. CRITES
Mayor
Dated:
COUNTY OF RIVERSIDE
APPROVES AS TO CONSENT:
CRAIG E. ANTHONY
Fire Chief
APPROVAL BY THE BOARD
OF SUPERVISORS:
By:
MARION ASHLEY
Chairman, Board of Supervisors
Dated:
APPROVES AS TO FORM:
By:
DAVID J. ERWIN
City Attorney
ATTEST:
By:
RACHELLE KLASSEN
City Clerk
Dated:
APPROVED AS TO FORM:
By:
WILLIAM C. KATZENSTEIN
County Council
ATTEST:
Dated:
GLORIA PERI-SMITH
Clerk of the Board Office
6/14/2005
PALM DESERT FIRE SERVICES
FIRE PROTECTION, FIRE PREVENTION & MEDICAL AID
COSTS ESTIMATE FOR FISCAL YEAR 2005/2006
EXHIBIT "A"
SERVICE
DELIVERY
COST CAPTAINS
ENGINEERS
FF 11's
FAE MEDICS
STA. #33 301,504
248,019
2 321,083
3 139,440 1
(Truck) 432,427
3 372,028
3 642,166
6
STA. #67 301,504 144,142
1 124,009
1 321,083
3 139,440 1
STA. #71 301,504 144,142
1 248,019
2 321,083
3 139,440 1
5
8
15 3
SUBTOTAL STAFF COUNT
SUBTOTAL
BATALLION CHIEF (52% Shared)
190,034
each
FIRE CAPT MEDIC COORDINATOR
160,316
each
FIRE SAFETY SPECIALIST
77,139
each
FIRE SYSTEMS INSPECTOR
63,085
each
OFFICE ASSISTANT
OPERATING EXPENSES FOR MEDIC UNITS 47,686 each Station
FIRE ENGINE USE AGREEMENT 16,050 each engine
'SERVICE DELIVERY ADMIN CREDIT 7,114 each station
TOTAL ESTIMATED COST OF SERVICES
LESS ESTIMATED FIRE TAX CREDIT
ESTIMATED PALM DESERT BUDGET
TOTAL STAFF
SERVICE DELIVERY COSTS:
SUPPORT SERVICES
OPERATING SERVICES
Administration
Telephone
Fire Prevention
Radio Maintenance
Automotive
Facility Maintenance
Dispatch
Utilities
Training
Vehicle/Engine Maintenance
Data Processing
Fuel
Haz. Materials Team
Fire Fighting Equip.
Communications
Training
Accounting
First Aid Supplies
Personnel
Office Supplies/Equip.
Public Affairs
Procurement
CAPITAL EQUIPMENT
Volunteer Support
Fire Fighting Equip.
Emergency Services
Volunteer costs in Service Delivery are removed for Sta. 67 & 71.
" STRUCTURAL FIRE TAXES
2,123,054
REDEVELOPMENT PASS THRU
1,899,681
total contract transfer
(952,678)
TOTAL TAX FUNDING
3,070,056
WalmD-Art 02-18 2005
FF II MEDICS
611.324 5
611,324 5
611,324 5
15
TOTAL
1,621,369 11
1,446,622 12
1,641,502 11
1,765,512 12
46
$6,475,005
98,817 o.52
160,316 1
77,139 1
126,169 2
42,906 1
143,059 3
48,150 3
(14,229) 2
$7,157, 333
(3,070,056)
$4,087,277
51.5
Exhibit "B"
CITY OF PALM DESERT OWNED VEHICLES
2003
M33
03X807
FORD
TYPE 1 AMBULANCE FRAZER
1FDWF36F83EA65073
E1173404
2001
M33R
OIX822
FORD
TYPE 1 AMBULANCE FRAZER
1FDWF36F3YED68138
E1055803
2004
M67
05X808
FORD
TYPE 1 AMBULANCE FRAZER
IFDWF36P24EC49077
E1173402
2004
M71
05X809
FORD
TYPE 1 AMBULANCE FRAZER
1 FDWF36P44EC49078
E 1173401
2004
EMS12
04X820
FORD
F150 PICK UP
2FTRX17WX4CA35999
E1180876
2004
T33
03X835
KME
LADDER TRUCK
l K9AF428X3N058614
E 1180876
1988
T33R
88X440
GRUMMAN
AERIEL CAT
1D91L43FIJI008894
E207828
1997
SURVEYED
FORD
TYPE 1 AMBULANCE AEV
1FDKF37F9VEA38805
E050675
1997
SURVEYED
FORD
TYPE 1 AMBULANCE AEV
1FDKF37F7VEA38804
E050674
1972
SURVEYED
CROWN
AERIEL SNORKEL
12084
E441492
EXHIBIT "C"
2003
M33
Freno Wash
Model 93EX GURNEY
L-695046
$3,500.00
2000
M33R
Freno Wash
Model 93EX GURNEY
L-346663
$3,500.00
2004
M67
Freno Wash
Model 93EX GURNEY
L-605079
$3,500.00
2004
M71
Freno Wash
Model 93EX GURNEY
L-382927
$3,500.00
2000
PC Office
Freno Wash
Model 93EX GURNEY
L-360306
$3,500.00
02/01/04
M33
ZOLL
12 LEAD `M' SERIES
T03J51658
$18,500.00
06/01/01
M33R
ZOLL
12 LEAD `M' SERIES
TOOL17660
$15,600.00
11/01/00
M67
ZOLL
12 LEAD `M' SERIES
TOOK10765
$15,600.00
02/04/04
M71
ZOLL
12 LEAD'M' SERIES
T03L53987
$18,500.00
06/01/01
E33
Phillips Medical
HEARTSTREAM AED's
502061564
$3,490.00
06/01/01
E67
Phillips Medical
HEARTSTREAM AED's
502061514
$3,490.00
06/01/01
E71
Phillips Medical
HEARTSTREAM AED's
502061561
$3,490.00
06/01/01
T33
Phillips Medical
HEARTSTREAM AED's
502061503
$3,490.00
YEAR
TRt'CK
ASSIGNMENT
AND F,N(JNF
MAKE
CAPITAL
DECRIPTION
SERIAL #
VALUE
2003
E33
MSA
THERMAL IMAGING
A-1 10779-HO3
$8,200.00
2003
E67
MSA
THERMAL IMAGING
A-2 11202-KO3
$8,200.00
2003
E71
MSA
THERMAL IMAGING
A-2 11204-KO3
$8,200.00
2003
T33
MSA
THERMAL IMAGING
A-2 11205-KO3
$8,200.00
2003
SPARE
MSA
THERMAL IMAGING
A-2 11206-KO3
$8,200.00
2003
T-33
HOLMATRO
RESCUE CUTTER
302000277
$4,643.00
1998
T-33
HOLMATRO
RESCUE TOOL 27"
324200218
$17,936.00
2001
T-33
THERMO-GAS
GENSIS GAS MONITOR
129040
$1,965.36
T-33
HOLMATRO
POWER UNIT
16319
$25,153.00
T-33
HOLMATRO
MED RAM
200512908692
$2,027.00
T-33
STIHL
CHAINSAW 046
147338939
$900.00
T-33
STIHL
CHAINSAW 046
147340641
$900.00
T-33
AIR HOSE KIT
n/a
$2,599.00
T-33R
TRUCK BASKET FIRE
n/a
$1,040.00
JOINT POWERS AGREEMENT REFORMING THE COVE
COMMUNITIES SERVICES COMMISSION
This Joint Powers Agreement ("Agreement") is entered into effective July 1, 2005, by
and between the Cities of Indian Wells, Palm Desert and Rancho Mirage (hereinafter collectively
referred to as the "Cities", the "Member Cities", or the "Member Entities")
RECITALS
WHEREAS, in 1981, the Member Cities formed the Cove Communities Fire
Commission that subsequently became the Cove Communities Services Commission, pursuant to
a Joint Powers Agreement ("JPA"), that provided for joint police, fire and certain recreational
services to the Cities; and
WHEREAS, the Cities elected to terminate the JPA effective June 30, 2005, and to
arrange that each City provide separately for the bulk of its police and fire services; and
WHEREAS, the Cities desire to continue to coordinate the provision of police, fire and
recreational services and to jointly fund certain limited fire services and the Joslyn Cove
Communities Senior Center, Inc., and certain recreational services.
WHEREAS, this Agreement supersedes any earlier Joint Powers Agreement (and
amendments) and adopts the new Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the terms and conditions contained in this
Agreement, the parties agree as follows:
I. THE COMMISSION
A. Advisory Commission. The Cove Communities Services Commission shall
continue to function, not as a separate legal entity, but as a non -funded advisory commission
through which the parties will coordinate the provision of police, fire and other community
G:\CityMgr\Stephen Aryan\Word Data\Cove Commission JPA-June Revisions.doc
services as more specifically stated below. The Commission shall not be a separate legal entity,
and shall not enter into contracts, acquire property, or sue or be sued. The Commission shall be
advisory only; municipal services shall be provided by the separate member entities, in part
based on the terms specified in this Agreement.
B. Effective Date: This Agreement shall be binding upon execution by each of the
Member Cities, shall be considered effective as of July 1, 2005, and shall continue until
terminated as provided in Section VIII.
II. PURPOSES
The purpose of this Agreement and the Commission is to coordinate the provision of
municipal services, such as police, fire, and the Josyln Senior Center, and other municipal
services jointly serving the Member Cities. The Commission shall perform all necessary
functions to fulfill the following purposes of the Agreement:
A. Fire Services: Provide a forum for discussion of common issues concerning fire
services. The fire services shall be provided by individual contracts of the
member cities, except in the case of the ladder truck and paramedic coordinator,
which will be components shared by the member cities.
B. Police Services: Provide a forum for discussion of common issues concerning
the delivery of police services within the Cove Communities,
C. Josvin Senior Center: Provide a forum of common issues, and make
recommendations to the Member Entities concerning the operation of the Joslyn
Senior Center within the Cove Communities. Annual operating contributions will
be made individually by each of the Member Cities.
G:\CityMgr\Stephen Aryan\Word Data\Cove Commission JPA-June Revisions.doc 2
D. Recreational Facilities/Services: Provide for joint use of existing recreational
facilities located in one member city to serve all Member Cities, including the
Palm Desert Civic Center Baseball Fields.
III. ADMINISTRATION OF THE COMMISSION
A. Membership: The Commission shall consist of each member city having two
elected officials or their alternates, also elected officials. Each member city of the
Commission shall have two votes on the Commission and each vote shall be vested in
and be exercised by an elected official or his or her alternate. The Commission shall act
only when every signatory to this Agreement is represented by at least one elected
official or his or her alternate. The Commission may adopt and amend by-laws for the
administration and management of this Agreement, which when adopted and approved
shall be an integral part of the Commission. The meetings of the Commission shall be
governed by the provisions of the Ralph M. Brown Act. The Commission will meet
quarterly or more often, as determined by the Chairman as a result of the necessity to
conduct business. A Technical Advisory Committee comprised of each member city's
City Manager and/or designee(s) will periodically meet to review, discuss and report
relevant items of business to the Commission. Each member city shall serve, on a
rotating basis which commences each July 1 of every year, as the host of the Commission
and shall be responsible for acting as the secretary of the Commission, preparing notices,
agendas, and minutes, providing facilities for meetings, and having the City Manager or
his/her designee act as the Chair of the Technical Advisory Committee.
B. New Membership: Any municipality adjacent to any of the Member Entities
may join the Commission with approval of all current Member Entities. Any entity
joining shall become subject to the terms of the Agreement and shall be entitled to
representation on the Commission as provided herein. Membership in this Commission
G`•CityMgr\Stephen Aryan\Word Data'.Cove Commission JPA-June Revisions.doc 3
shall be effective for each party when the governing board of that entity shall subscribe to
this Agreement and file with the Commission a copy of the resolution of the governing
body authorizing membership.
IV. FIRE SUPPRESSION AND PREVENTION CONTRIBUTIONS:
A. Each member city, through individual service contracts, shall provide for its own
fire services (suppression, protection, and related rescue and paramedic services), except
for certain shared services.. The City of Palm Desert shall be responsible for contracting
for the following shared fire suppression and prevention services and billing the
participating member cities as follows:
(1) Ladder Truck: The Cove Communities shall share the services provided
by the Fire Department's Ladder Truck. The cost to each city shall be based upon the
following formula:
(a) One half (50%) of the operating costs shall be based on each city's
proportional share of Fire Department service calls for the ladder truck for
the preceding year, as determined by the Fire Department; and
(b) One half (50%) of the operating costs shall be divided equally
between the participating cities.
(2) Paramedic Coordinator: The cost for the Paramedic Coordinator shall be
based on the proportional share of the medic units in each community, as it relates to the
total number of units operated in the Cove Communities.
B. Structural Fire Protection Tax: Each participating city shall be responsible for
negotiating for its own return of the Structural Fire Protection Tax, through their
individual contract with the County.
G:\CityMgr\Stephen Aryan\Word Data\Cove Commission JPA-June Revisions.doc 4
V. SENIOR CENTER
On an annual basis, the Commission shall approve a recommended budget, and each
city's proportional share of that budget, for the Joslyn Cove Communities Senior Center, Inc.
Each city's share shall be based on its percentage of the total population of the member entities
(see example below). For purposes of this subsection, "population " shall mean the most recent
population figure from the California Department of Finance, Demographic Research Unit.
Notwithstanding such grant or contribution, neither any member entity nor the Commission shall
be responsible for the debts, liabilities, or obligations of the Joslyn Cove Communities Senior
Center, Inc.
Indian Wells
4,781
6.7838%
Palm Desert
49,280
69.9235%
Rancho Mirage
16,416
23.2927%
Total:
70,477
100%
VI. PALM DESERT CIVIC CENTER BALLFIELDS
Each city shall pay its percentage share, based on population, of the annual cost of
ballfield maintenance to the City of Palm Desert, upon billing. Bills shall provide sufficient
detail to explain various maintenance costs; if so requested, the City of Palm Desert shall provide
additional supporting documentation in a timely manner.
Indian Wells 4,781
6.7838%
Palm Desert 49,280
69.9235%
Rancho Mirage 16,416
23.2927%
Total: 70,477
100%
G:\CityMgr.Stephen Aryan\Word Data`Cove Commission JPA-June Revisions.doc 5
VII. ACCOUNTING AND FINANCIAL REPORTING
Each city shall be billed directly by the County, Joslyn Senior Center, or in the case of
shared costs as included in this Agreement, by the City of Palm Desert. The City of Palm Desert
shall bill the participating cities on a quarterly basis. The participating cities shall make payment
to the City of Palm Desert no later than 30 days after the receipt of such billing notification. The
Commission will hold no funds or assets and financial statements and a treasurer shall not be
required.
VIII. WITHDRAWAL
Any party to this Agreement may withdraw from the Commission or from all or any part
of the Commission's activities specified in this Agreement by resolution of its governing body.
The resolution shall be adopted and filed with the Commission prior to July 1 of any year and
shall be effective as of July 1 of the next following year.
The withdrawing member shall continue funding the costs as are included in this
Agreement, at the time notification to withdraw from the Agreement is given, until the end of the
fiscal year for when the notification of withdrawal was submitted.
[SIGNATURES ON THE FOLLOWING PAGE]
G:'CityMgr,Stephen Aryan\Word Data`fove Commission JPA-June Revisions.doc 6
Dated: CITY OF INDIAN WELLS
Bar
ATTEST: Approved as to Form:
By By
Dated: CITY OF PALM DESERT
M.
ATTEST: Approved as to Form:
By By
Dated: CITY OF RANCHO MIRAGE
ATTEST: Approved as to Form:
By By
G:`,CilyMgr\Stephen Aryan\Word Data\Cove Commission JPA-June Revisions.doc
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION
MAY 11, 2005
La Quinta, there was concern about Point Happy where the
mountainside is going down onto the Highway. He added that the
City of Indio had neither staff nor the ability to consider the issue at
this time.
Upon question by Commissioner Nethery, Mr. Greenwood responded
that he was not aware of anything like the City of La Quinta's
concerns that would create significant problems for the City of Palm
Desert, other than usual maintenance.
Commissioner Butzbach asked whether there were any capital
improvement projects scheduled for the next five years or so, and Mr.
Greenwood stated that everything had been completed at this time.
Upon further question regarding synchronization, he responded that
the cities were trying to coordinate the signals along Highway 74.
Upon question by Commissioner Nethery relative to additional
staffing, Mr. Greenwood responded that the general ratio is 50 signals
per technician, and Palm Desert's was currently at 65 signals. If the
City were to take over jurisdiction of Highways 74 and 111, that would
add 13 signals (12 on Highway 111; 2 on Highway 74) and would
bring the total number of signals to 80; therefore, staff would need to
request one additional technician in order to maintain the signals.
Commissioner Nethery moved to, by Minute Motion, approve staffs
recommendation to recommend to the City Council that it start the process of assuming
jurisdiction of Highways 111 and 74. Motion was seconded by Vice Chairman Lebel and
carried by a 4-0 vote, with Commissioner Kirkwood ABSENT.
VII. CONTINUED BUSINESS
A. Consideration of Proposed Cooperative Agreement with the County
of Riverside to Provide Fire Protection, Fire Prevention, Rescue, and
Medical Aid for the City of Palm Desert (continued from the meeting
of April 13, 2005)
Mr. Ortega reviewed the staff report dated May 11, 2005, and offered
to answer any questions. Upon question by Vice Chairman Lebel, he
noted that the cities were negotiating with the County of Riverside for
the structural fire tax and pass -through.
With regard to fire prevention and customer service to the business
community, County Fire Chief Craig Anthony expressed concern with
the comment on page 4 of the staff report that "The current policy of
the Fire Department is to cite now and resolve through the
4
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION
MAY 11, 2005
enforcement of the law including closing down the business." He said
that was not the policy of the Fire Department, as it was very
proactive with fire prevention activities. He said the report also
referred to complaints, and he said he had requested information
about those complaints so that he could respond; to date, he had not
received them and could not, therefore, respond to them. He felt
having City Building officials and the Fire Marshal in the same building
was ideal; however, he had been unable to accomplish that in the City
of Palm Desert. He said fire prevention and all the programs that go
along with that are a big deal to the Fire Department, and it involved
a lot more than merely transferring the responsibility of three people
(two Fire Systems Inspectors and one Fire Safety Specialist)
somewhere else. He added that fire prevention was a fundamental
part of the Fire Department. He suggested moving forward with
co -locating the Fire Marshal staff with City Building officials and trying
that first before removing Fire Marshal services from the Fire
Department and transferring them to the City of Palm Desert. He
added that with regard to arson investigation, transferring Fire
Marshal services to the City of Palm Desert would mean some
extended response times and the use of people from further out of the
immediate area.
Vice Chairman Lebel said at the last meeting he had questioned what
else the Fire Marshal does besides inspection work because he was
concerned with what the City might lose by considering transferring
those services. At Chief Anthony's request, the Fire Marshal had
prepared a report (attached hereto and made a part hereof as Exhibit
"A") which had been distributed to members of the Commission.
Fire Marshal David Avila reviewed his report and offered to answer
any questions. With regard to the statement in the staff report about
the Fire Department citing businesses, he explained that imposing a
$50 administrative citation was done as a last resort. He said they
were not looking to cite people; their intent was to create compliance
and make Palm Desert a safer place. He noted that in addition to
inspection work, he automatically serves as Battalion Chief when the
individual in that position is on vacation, out ill, in training, etc. This
is at no extra cost to the City, since he is already on duty.
Vice Chairman Lebel said he was concerned about arson
investigation and asked what would happen if there were a major
incident in the City of Palm Desert.
5
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION
MAY 11, 2005
Chief Otero responded that an arson investigator would have to be
brought in from Indio or outside the Coachella Valley (i.e., Perris or
Riverside).
Upon question by Vice Chairman Lebel, Mr. Croy responded that
there currently was no room within City Hall for the Fire Marshal staff.
Upon question by Commissioner Nethery, he said he was not aware
of any other city in the Coachella Valley that directly provides the Fire
Marshal services.
Chief Anthony added that the Perris was the only city within Riverside
County that directly provides these services, and it has done so since
1999.
Commissioner Nethery asked where this idea originated and if it was
the result of complaints from the public, complaints from developers,
an issue of saving money, etc. He asked if there was a perceived
problem that led to this consideration.
Mr. Croy responded that it was a matter of cost savings as well as
other issues, such as customer service and coordination of services.
Commissioner Nethery asked if staff felt these issues could be
addressed by having Fire Marshal staff at the City, assuming there is
sufficient space for that. Mr. Croy responded that he felt that would
be a good recommendation from the Commission.
Chief Otero noted that he had met with Mr. Croy to discuss these
issues, and it was agreed that having someone at the City would help
resolve those issues. He added that the Fire Department planned to
move the Fire Inspectors to the station at the Town Center after
July 1, 2005, when the Cove Commission is dissolved.
After additional discussion, Vice Chairman Lebel moved to, by Minute Motion,
approve the City -provided fire inspection services via the cooperative agreement with the
County of Riverside, retaining the 52% of the Battalion Chief services and adding Fire
Safety Specialist and Fire Inspectors to the contract for the total cost of $302,125, with a
recommendation that the City explore relocation of the Fire Safety Specialist position to the
Building Department. Motion was seconded by Commissioner Nethery and carried by a
4-0 vote, with Commissioner Kirkwood ABSENT.
Commissioner Nethery moved to, by Minute Motion, recommend adoption of the
budget in Exhibit "A" of the staff report as presented, which includes the items contained
in the motion above. Motion was seconded by Commissioner Butzbach and carried by a
4-0 vote, with Commissioner Kirkwood ABSENT.
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION
MAY 11, 2005
With regard to the Memorandum of Understanding, Commissioner
Nethery noted that Section I I I A stated, "The Commission shall consist
of a membership of two elected officials or their alternates, also
elected officials. Each member of the Commission shall have two
votes on the Commission, and each vote shall be vested in and be
exercised by an elected official or his or her alternate." He asked
whether this should really state "...elected officials from each citv or
their alternates..." and "Each member c� of the Commission..." Mr.
Ortega agreed.
Commissioner Nethery moved to, by Minute Motion, recommend adoption of the
Memorandum of Understanding (MOU) as amended (Section III A to read: "Membership:
The Commission shall consist of a membership of two elected officials from each citv or
their alternates, also elected officials. Each member cof the Commission shall have two
votes on the Commission, and each vote shall be vested in and be exercised by an elected
official or his or her alternate....." Motion was seconded by Vice Chairman Lebel and
carried by a 4-0 vote, with Commissioner Kirkwood ABSENT.
VIII. OLD BUSINESS
None
IX. REPORT ON CITY COUNCIL ACTION (S)
None
X. REPORTS AND REMARKS
A. Update on the Citizens on Patrol Program
Mr. Kohn distributed copies of the Citizens on Patrol (COPS) report,
noting there were four new members currently going through the 13-
week academy in Palm Springs. The addition of these members
would bring the total number of COPS volunteers to 17. He also
distributed copies of the newly created brochures.
Upon question by Vice Chairman Lebel, Mr. Kohn responded that no
donations of funds had yet been requested or received; however,
John Fanning of the COPS program was currently working with
Jessup Auto Plaza on donation of a patrol vehicle.
Lt. Thetford noted that the Sheriffs Department was very pleased with
the COPS program and its volunteers.
7