HomeMy WebLinkAbout2021/02/03 - Regualr Meeting Agenda Packet CITY OF RANCHO CUCAMONGA
L. Dor
ennis Michael REGULAR MEETING AGENDA
Mayor Pro Tem February 3, 2021
Lynne B. Kennedy 10500 Civic Center Drive
MemberCouncils of the City Rancho Cucamonga, CA 91730 rvo,�
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo FIRE PROTECTION DISTRICT BOARD—CITY COUNCIL
HOUSING SUCCESSOR AGENCY-SUCCESSOR AGENCY—
PUBLIC FINANCE AUTHORITY
CLOSED SESSION TRI-COMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council
Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless
extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be
found at www.cityofrc.us or by contacting the City Clerk's Office at 909-774-2023.
Live Broadcast available on Channel 3 (RCTV-3).
In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health
requirements, and to ensure the health and safety of our residents by limiting contact that could spread the
COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings.
Members of the City Council/Fire District and staff may participate in this meeting via a teleconference. In place
of in-,person attendance, members of the public are encouraged to watch from the safety of their homes in one
of the following ways:
Live Streaming on the City's website at
https://www.cityofrc.us/your-government/city-council-agendas or
Local Cable: RCTV3 Programming
Members of the public wishing to speak during public communication may call at the start of the meeting by
dialing (909)774-2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being
heard at (909)774-2751 to be added to the queue for public comment. Calls will be answered in the order
received.
The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the
COVID-19 virus.
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the
Americans with Disabilities Act ("ADA"), please contact the City Clerk's Office at (909) 774-2023, 24 hours prior to
the meeting so that the City can make reasonable arrangements.
CITY COUNCIL VISION STATEMENT Page 1
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
CLOSED SESSION - 4:30 P.M.
TRI-COMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tern Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR
NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION
(RCCEA), TEAMSTERS LOCAL 1932 EXECUTIVE MANAGEMENT GROUP AND
FIRE SUPPORT SERVICES — CITY
D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL
USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY
HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS
2014554. — CITY
D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI
BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN
BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIVDS 1928697
D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF
RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES,
INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE
NO.: CIVDS 1904713 — CITY
D5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S
INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL
DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP
D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER
CITY COUNCIL VISION STATEMENT Page 2
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
0229 1 31 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND
JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN
UNDIVIDED 2/3 INTEREST; ROBERT BRUCE STANFORD, A WIDOWER (AN INDIVIDUAL)
& WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST,
DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS; REGARDING PRICE
AND TERMS - CITY
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA
AVENUE, RANCHO CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN
BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-141 -13.
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY
OF RANCHO CUCAMONGA, AND PATTI FEIST, OVERLAND, PACIFIC AND CUTLER, ON
BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO
NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH
THE PROPERTY OWNERS SET FORTH ABOVE. - CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY: APN 0207-541-60-0000/2.25 ACRES; APN 0207-
252-93-0000/2.0 ACRES; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER,
ELISA COX, DEPUTY CITY MANAGER, FLAVIO NUNEZ, MANAGEMENT ANALYST II,
REPRESENTING THE CITY OF RANCHO CUCAMONGA AND AEGIS ASSET BACKED
SECURITIES LLC, BROKER; REGARDING THE PURCHASE, SALE, EXCHANGE, OR
LEASE OF REAL PROPERTY BY OR FOR THE CITY. - CITY
D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST
CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL
NUMBER 0208331400000; AND 0208331470000; NEGOTIATING PARTIES JOHN
GILLISON, CITY MANAGER AND MATT BURRIS, DEPUTY CITY MANAGER
REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND CHRIS HYUN, LEFTBANK
ART REGARDING PRICE AND TERMS. - CITY
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227-
121-56); HAVEN AVE. (APN:0208-331-47); HAVEN AVE. (APN:0208-331-40); 8340
UTICA AVE. (APN:0208-353-06); 9612 SAN BERNARDINO ROAD (APN:0208-131-83);
9547 SAN BERNARDINO ROAD (APN:0208-151-07); 9561 SAN BERNARDINO ROAD
(APN: 0208-151-17); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND
LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO
CUCAMONGA; AND VOLUNTEERS OF AMERICA OF LOS ANGELES (VOALA),
REGARDING PRICE AND TERMS. - CITY/FIRE
C. CITY MANAGER ANNOUNCEMENTS
CITY COUNCIL VISION STATEMENT Page 3
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
E. RECESS — Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at
City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
CITY COUNCIL VISION STATEMENT Page 4
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
REGULAR MEETING - 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tern Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of Silver Certification with the LEED (Leadership in Energy and Environmental ---
Design) for Cities Program for Implementing Sustainable Strategies.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority. This is the time and place for the general public to address the Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on
any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor
Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously
included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor,
depending upon the number of individuals desiring to speak.All communications are to be addressed directly to the
Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a
professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience
and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business
portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business
portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of
public hearing items) will be accepted once the business portion of the agenda commences. Any other public
communications which have not concluded during this one hour period may resume after the regular business portion of
the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without
discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public
Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council
consent calendar.
CITY COUNCIL VISION STATEMENT Page 5
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
D. CONSENT CALENDAR -
D1. Consideration of Meeting Minutes for the Regular Meetings of January 20, 2021. 9
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of 14
$1 ,948,981.83 and City and Fire District Weekly Check Registers (No Checks Issued to
Southern California Gas Company) in the Total Amount of$4,363,552.26 Dated January 11,
2021 Through January 24, 2021. (CITY/FIRE)
D3. Consideration to Adopt a Resolution Approving the Third Amended and Restated 23
Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. (RESOLUTION NO. FD
2021-002) (FIRE)
D4. Consideration to Adopt a Resolution to Add Victorville Fire Department as Party to the 47
Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. (RESOLUTION NO. FD
2021-003) (FIRE)
D5. Consideration of the Purchase of One (1) Rosenbauer Commander Custom Heavy Rescue 217
Unit from Rosenbauer Minnesota LLC Utilizing a Piggyback Opportunity Through a
Competitively Bid Contract from the Orange County Fire Authority, RFP JA2440, in the
Amount of$947,449. (FIRE)
D6. Consideration to Accept Grant Revenue in the Amount of $27,122 Awarded by the 219
Department of Homeland Security for the 2019 Homeland Security Grant Program; and
Authorization to Appropriate $27,122 for Approved Grant Expenses. (CITY/FIRE)
D7. Consideration of a Resolution Accepting the AB 1600 Development Impact Fee Annual 221
Report for the Fiscal Year Ended June 30, 2020, and Making Findings as Required by
California Government Code Section 66001. (RESOLUTION NO. 2021-002) (CITY)
D8. Consideration to Award a Contract to Elecnor Belco Electric, Inc., in the Amount of$209,074, 236
plus a 10% Contingency for the Fiscal Year 2020/21 Traffic Signal Modifications Project.
(CITY)
D9. Consideration of Amendment No. 01 to the Agreement with Henkels & McCoy, Inc. (CO#19-241
148) in the amount of $249,611, plus a 5% Contingency for the Comar Inc. Power Upgrade
Project and Authorization of an Appropriation in the Amount of$262,091. (CITY)
D10. Consideration of Amendment No. 02 to the Agreement with Pacific Utility Installation Inc. 243
(CO#19-085) in the Amount of$60,975, plus a 5% Contingency for the Fire Station 3 - SCE
Exit to RCMU Project and Authorization of an Appropriation in the Amount of $6,525.
(CITY/FIRE)
D11. Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho 245
Cucamonga and Core5 Industrial Partners, LLC for Property Commonly Known as APN
CITY COUNCIL VISION STATEMENT Page 6
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
0229-021-97-0000 Generally Located at the North East Corner of Arrow Route and
Rochester Avenue. (CITY)
D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street 253
Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC2016-00593, Located
on the Southwest Corner of Haven Avenue and Church Street. (RESOLUTION NO. 2021-
003), (RESOLUTION NO. 2021-004), (RESOLUTION NO. 2021-005) (CITY)
D13. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street 271
Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2020-04723, Located at
5789 Cabrosa Place. (RESOLUTION NO. 2021-006), (RESOLUTION NO. 2021-007),
(RESOLUTION NO. 2021-008) (CITY)
D14. Consideration of Amendment No. 001 to the Professional Services Agreement with Accela, 290
Inc. for Laserfiche Integration Services. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
H. CITY MANAGER'S STAFF REPORT(S)
H1. Presentation of an Update to the City Council on the Construction of the Southwest ---
Cucamonga Trail Project (Verbal Report).
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
12. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS:
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
CITY COUNCIL VISION STATEMENT Page 7
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
L. ADJOURNMENT
Adjournment in honor of Luis Gonzales, longtime Northtown Board Member.
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby
certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least
Seventy-Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive,
Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City
Clerk's office at (909)477-2700. Notification of 48 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT Page 8
"Our Vision is to build on our success as a world class community, to create
an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive."
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January 20, 2021
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC
FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
4:30 p.m. - CLOSED SESSION
CALL TO ORDER - TRI-COMMUNITIES CONFERENCE ROOM
The City of Rancho Cucamonga City Council held a closed session on Wednesday, January 20, 2021, in the Tri-
Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California.
Mayor Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City
Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris,
Deputy City Manager/Economic and Community Development.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
No discussion or actions were taken.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1)OF SUBDIVISION (D)OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT,
CASE NO. CIVDS 1928697
D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO
CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER
PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 —
CITY
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY
THM ENTERPRISES, LLC AND LOCATED AT 12449 FOOTHILL BOULEVARD IN THE CITY OF
RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBER 0229 031 41. NEGOTIATING PARTIES, JOHN GILLISON, CITY
MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS
TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. —CITY
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 REGARDING THE FOLLOWING REAL PROPERTY:(1) REAL PROPERTY OWNED BY
WALMART REAL ESTATE BUSINESS TRUST AND LOCATED AT 12549 FOOTHILL BOULEVARD
IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO
COUNTY TAX ASSESSOR'S PARCEL NUMBERS 022903238 & 44. NEGOTIATING PARTIES,
JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 5
Page 9
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY
D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 131 07; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO
CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES
FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST; ROBERT BRUCE STANFORD, A
WIDOWER (AN INDIVIDUAL) & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE
STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS;
REGARDING PRICE AND TERMS CITY
D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO
CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBER 0229-141-13. NEGOTIATING PARTIES, JOHN GILLISON, CITY
MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST,
OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 12977-12993 ARROW ROUTE IN THE CITY
OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 0229-141-04 & 12. NEGOTIATING PARTIES, JOHN GILLISON,
CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST,
OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY: APN 0207-541-60-0000/2.25 ACRES; APN 0207-252-93- 0000/2.0
ACRES; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, ELISA COX, DEPUTY CITY
MANAGER, FLAVIO NUNEZ, MANAGEMENT ANALYST II, REPRESENTING THE CITY OF
RANCHO CUCAMONGA AND AEGIS ASSET BACKED SECURITIES LLC, BROKER; REGARDING
THE PURCHASE, SALE, EXCHANGE, O R LEASE OF REAL PROPERTY BY OR FOR THE CITY. —
CITY
D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC
CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND
0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,
DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND CHRIS
HYUN, LEFTBANKART REGARDING PRICE AND TERMS. —CITY
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227- 121-56); HAVEN
AVE. (APN:0208-331-47); HAVEN AVE. (APN:0208-331-40); 8340 UTICA AVE. (APN:0208-353-06);
9612 SAN BERNARDINO ROAD (APN:0208-131-83); 9547 SAN BERNARDINO ROAD
(APN:0208-151-07); 9561 SAN BERNARDINO ROAD (APN: 0208-151-17); NEGOTIATING PARTIES
JOHN GILLISON, CITY MANAGER AND LORI SASSOON, DEPUTY CITY MANAGER
REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND VOLUNTEERS OF AMERICA OF
LOS ANGELES (VOALA), REGARDING PRICE AND TERMS. — CITY/FIRE
E. RECESS The closed session recessed at 6:50 p.m.
January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 5
Page 10
REGULAR MEETING - 7:00 p.m.
CALL TO ORDER - COUNCIL CHAMBERS
The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor
Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on January 20, 2021
in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor
Michael called the meeting to order at 7:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda Troyan, MMC, City
Clerk Services Director.
Council Member Scott led the Pledge of Allegiance.
Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager
Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County
Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents
by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at
the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged
to watch from the safety of their homes live from the City's website or on RCTV-3.
He stated members of the public wishing to speak during public communication, or on a public hearing item will
need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus
pandemic and City resources and updates can be found at www.citvofrc.us/coronavirus.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Proclamation Declaring January 2021 as "National Mentoring Month".
Mayor Michael announced that due to COVID-19 and social distancing requirements, the Proclamation would be
presented virtually to Big Brothers, Big Sisters of San Bernardino County, who were watching the presentation
from the safety of their homes via RCTV-3. Mayor Michael and Members of the City Council presented the
Proclamation declaring the month of January 2021 as "National Mentoring Month".
B2. Presentation of Rancho Cucamonga's 2020 Safest Cities Ranking.
Annette Mumolo, Community Affairs Senior Coordinator and Police Chief Donny Mahoney, Rancho Cucamonga
Police Department, provided a PowerPoint presentation on a study released by WalletHub, Safest Cities in
America, which ranked the City of Rancho Cucamonga number 63 in the US out of 182 cities, 101h in California,
7th in Southern California and number 1 in the Inland Empire.
Mayor Michael thanked the Rancho Cucamonga Police Department and the Rancho Cucamonga Fire
Protection District for the City of Rancho Cucamonga's ranking as the safest city in the Inland Empire.
City Manager Gillison noted that the City of Rancho Cucamonga is fortunate to have great leadership in the
Sherriff's Department and commended San Bernardino County Sherriff Department Chief, John McMahon for
his leadership and keeping the City of Rancho Cucamonga at the forefront in safety.
January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 5
Page 11
B3. Introduction of New K9 Bloodhound, Singe and honoring the retirement of K9 Bloodhound, Dare.
Mayor Michael and Members of the City Council along with Donny Mahoney, Chief of Police, Rancho
Cucamonga Police Department introduced Gabriel Jasso, RCPD Deputy/ K9 handler and new K9
Bloodhound Singe to the community. A PowerPoint presentation announcing the retirement of K9
Bloodhound Dare was shared showcasing career highlights of her tenure with the Rancho Cucamonga Police
Department.
Mayor Pro Tern Kennedy thanked the Rancho Cucamonga Police Department and asked if there was a staffing
level for K9 Deputies.
Police Chief Mahoney stated that the Rancho Cucamonga Police Department strives to maintain a minimum of
two (2) K9 Bloodhound deputies.
Mayor Michael and Members of the City Council thanked K9 Dare for her years of service and wished her
a happy retirement.
C. PUBLIC COMMUNICATIONS
Mayor Michael announced,due to COVID-19 and social distancing requirements,the Public Communications portion
of the meeting will be conducted telephonically.
Via phone call, Janet Walton, offered a prayer.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular and Special Meetings of January 6, 2021.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,610,985.73
and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of$8,765.372.66 Dated December 21, 2020 Through January 10,
2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total
Amount of$1,452,825.14. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of $22,941.28 Dated December 21, 2020 Through
January 10, 2021. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of December 31, 2020 for the
City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District(CITY/FIRE).
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions to CALPERS for Fire District Bargaining Groups. (RESOLUTION NO. FD2021-001).
(FIRE)
D6. Consideration to Accept Public Improvements Related to the Development of Tract 20073(Case No.'s
ROW2018-00135 and ROW2018-00137) Located South of 6th Street and East of Cleveland Avenue
in the Empire Lakes Specific Plan Area 1, File a Notice of Completion, and Authorize Release of
Bonds. (CITY)
D7. Consideration to Accept the LMD-4 Fence Replacement Project as Complete, File a Notice of
Completion, and Authorize Release of Retention and Bonds. (CITY)
D8. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Almond Trail Slope Repair Project. (CITY)
January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 5
Page 12
D9. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Fiscal Year 2019/20 Major Arterial Pavement Rehabilitation at Highland
Avenue and Hermosa Avenue Project. (CITY)
D10. Consideration of the Purchase of One (1) Standard Cab Stake Bed Dump Truck in the Amount of
$58,190.79. (CITY)
D11. Consideration to Approve the In-Use Off-Road Diesel Fueled Fleet Management Plan. (CITY)
D12. Consideration to Adopt the 2021 Legislative Platform. (CITY)
D13. Receive and File an Update on Rancho Cucamonga's Sports Field Utilization. (CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D13, with Council Member Scott abstaining on item D3, due to her employment with
Southern California Gas Company. Motion carried, 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F. ADMINISTRATIVE HEARING ITEM(S)
None.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
None.
H. CITY MANAGERS STAFF REPORT(S)
None.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
None.
12. INTER-AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
Mayor Michael adjourned the City Council Meeting at 7:50 p.m.
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
Approved:
January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 5
Page 13
ti
NONRR �
a CITY OF
RANCHO CUCAMONGA
m
�l
DATE: February 3, 2021
TO: Mayor and Members of the City Council Board of Directors
Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the
Total Amount of $1,948,981.83 and City and Fire District Weekly Check
Registers (No Checks Issued to Southern California Gas Company) in
the Total Amount of $4,363,552.26 Dated January 11, 2021 Through
January 24, 2021. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council approve payment of demands as presented. Bi-weekly payroll is
$1,051,864.22 and $897,117.61 for the City and the Fire District, respectively. Weekly check
register amounts are $3,262,544.58 and $1,101,007.68 for the City and the Fire District,
respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Page 14
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Cu Fire Amount
AP 00011848 01/13/2021 ABSOLUTE SECURITY INTERNATIONAL INC 13,149.17 0.00 13,149.17
AP 00011849 01/13/2021 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,730.63 0.00 23,730.63
AP 00011850 01/13/2021 ELECNOR BELCO ELECTRIC INC 62,422.44 22,988.89 85,411.33 ***
AP 00011851 01/13/2021 RC CONSTRUCTION SERVICES INC 377,378.38 643,717.43 1,021,095.81 ***
AP 00011852 01/13/2021 RCCEA 1,773.75 0.00 1,773.75
AP 00011853 01/13/2021 RCPFA 12,599.29 0.00 12,599.29
AP 00011854 01/13/2021 SAN BERNARDINO COUNTY 121.00 0.00 121.00
AP 00011855 01/13/2021 SHELL ENERGY NORTH AMERICA 279,449.48 0.00 279,449.48
AP 00011856 01/13/2021 U S DEPARTMENT OF ENERGY 7,854.07 0.00 7,854.07
AP 00011857 01/14/2021 AIRGAS USA LLC 821.91 359.00 1,180.91 ***
AP 00011858 01/14/2021 BSN SPORTS LLC 1,129.21 0.00 1,129.21
AP 00011859 01/14/2021 CARQUEST AUTO PARTS 236.00 0.00 236.00
AP 00011860 01/14/2021 DIAMOND ENVIRONMENTAL SERVICES 902.65 0.00 902.65
AP 00011861 01/14/2021 DUNN EDWARDS CORPORATION 139.03 0.00 139.03
AP 00011862 01/14/2021 EMCOR SERVICES 19,480.50 10,382.00 29,862.50 ***
AP 00011863 01/14/2021 KME FIRE APPARATUS 0.00 1,089.17 1,089.17
AP 00011864 01/14/2021 LN CURTIS AND SONS 0.00 2,202.76 2,202.76
AP 00011865 01/14/2021 MCFADDEN DALE HARDWARE 108.18 0.00 108.18
AP 00011866 01/14/2021 MINUTEMAN PRESS 4,476.36 0.00 4,476.36
AP 00011867 01/14/2021 OFFICE DEPOT 2,422.84 0.00 2,422.84
AP 00011868 01/14/2021 SAFETY KLEEN SYSTEMS INC 377.13 0.00 377.13
AP 00011869 01/14/2021 SIEMENS MOBILITY INC 10,443.00 0.00 10,443.00
AP 00011870 01/14/2021 SITEONE LANDSCAPE SUPPLY LLC 1,923.29 0.00 1,923.29
AP 00011871 01/14/2021 SOUTHERN CALIFORNIA NEWS GROUP 13,119.76 0.00 13,119.76
AP 00011872 01/14/2021 THOMPSON PLUMBING SUPPLY INC 805.05 0.00 805.05
AP 00011873 01/20/2021 ABSOLUTE SECURITY INTERNATIONAL INC 3,402.36 0.00 3,402.36
AP 00011874 01/20/2021 AIR EXCHANGE INC 0.00 1,220.09 1,220.09
AP 00011875 01/20/2021 CONFIRE JPA 0.00 183,799.25 183,799.25
AP 00011876 01/20/2021 RE ASTORIA 2 LLC 55,758.68 0.00 55,758.68
AP 00011877 01/20/2021 RICHARDS WATSON AND GERSHON 63,045.98 10,491.74 73,537.72 ***
AP 00011878 01/20/2021 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00
AP 00011879 01/20/2021 RODRIGUEZ,EUGENIO 101.24 0.00 101.24
AP 00415049 01/13/2021 AAA ELECTRIC MOTOR SALES 2,381.62 0.00 2,381.62
AP 00415050 01/13/2021 ABLE BUILDING MAINTENANCE 1,660.60 0.00 1,660.60
AP 00415051 01/13/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58
AP 00415052 01/13/2021 ALPHAGRAPHICS 830.75 0.00 830.75
AP 00415053 01/13/2021 ARCHITERRA DESIGN GROUP 775.00 0.00 775.00
AP 00415054 01/13/2021 ARROW TRAILER SUPPLIES INC 21.01 0.00 21.01
AP 00415055 01/13/2021 ASSI SECURITY 525.00 0.00 525.00
AP 00415056 01/13/2021 BAKER&TAYLOR LLC 272.05 0.00 272.05
AP 00415057 01/13/2021 BENEFIT FINANCIAL SERVICES GROUP 9,375.00 0.00 9,375.00
AP 00415058 01/13/2021 BOULDER CREEK K-9 WEST 5,000.00 0.00 5,000.00
AP 00415059 01/13/2021 C P CONSTRUCTION INC 319,452.70 0.00 319,452.70
AP 00415060 01/13/2021 C T&T CONCRETE PAVING INC 1,533.75 0.00 1,533.75
AP 00415061 01/13/2021 C V W D 837.52 0.00 837.52
AP 00415070 01/13/2021 C V W D 109,881.33 423.64 110,304.97 ***
AP 00415071 01/13/2021 CACCIOLA,VIVIAN EMAD FARES 40.00 0.00 40.00
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name City Fire Amount
AP 00415072 01/13/2021 CALIF DEPT OF TAX&FEE ADMINISTRATION 774.08 372.34 1,146.42 ***
AP 00415073 01/13/2021 CALIFORNIA BUILDING STANDARDS COMMISSION 1,098.00 0.00 1,098.00
AP 00415074 01/13/2021 CALIFORNIA MUNICIPAL UTILITIES ASSOC 4,584.70 0.00 4,584.70
AP 00415075 01/13/2021 CALIFORNIA,STATE OF 127.52 0.00 127.52
AP 00415076 01/13/2021 CALIFORNIA,STATE OF 314.11 0.00 314.11
AP 00415077 01/13/2021 CALIFORNIA,STATE OF 32.26 0.00 32.26
AP 00415078 01/13/2021 CALIFORNIA,STATE OF 342.73 0.00 342.73
AP 00415079 01/13/2021 CAMBRIDGE SEVEN ASSOCIATES INC 37,608.64 0.00 37,608.64
AP 00415080 01/13/2021 CHAMPION TAE KWON DO 12.76 0.00 12.76
AP 00415081 01/13/2021 CINTAS CORPORATION #150 3,223.60 921.59 4,145.19 ***
AP 00415082 01/13/2021 CLAIREMONT EQUIPMENT COMPANY 4,528.38 0.00 4,528.38
AP 00415083 01/13/2021 CONOR CONSULTING LLC 225.00 0.00 225.00
AP 00415084 01/13/2021 CONVERGEONE INC 6,251.00 0.00 6,251.00
AP 00415085 01/13/2021 CORE STRENGTHS INC 5,000.00 0.00 5,000.00
AP 00415086 01/13/2021 CROW REVOCABLE TRUST,AMY LYNN 55.00 0.00 55.00
AP 00415087 01/13/2021 CROWN POINTE INVESTIGATIONS LLC 0.00 10,258.75 10,258.75
AP 00415088 01/13/2021 CUMMINS SALES&SERVICE 0.00 52.01 52.01
AP 00415089 01/13/2021 DEKRA-LITE 2,157.05 0.00 2,157.05
AP 00415090 01/13/2021 DEPARTMENT OF CONSERVATION 5,126.39 0.00 5,126.39
AP 00415091 01/13/2021 DEPENDABLE COMPANY INC 51.75 0.00 51.75
AP 00415092 01/13/2021 DIRECTV 84.54 0.00 84.54
AP 00415093 01/13/2021 DIRECTV 69.99 0.00 69.99
AP 00415094 01/13/2021 DIVISION OF THE STATE ARCHITECT 1,026.90 0.00 1,026.90
AP 00415095 01/13/2021 ERICKSON-HALL CONSTRUCTION CO 0.00 62,270.00 62,270.00
AP 00415096 01/13/2021 FACTORY MOTOR PARTS 0.00 725.01 725.01
AP 00415097 01/13/2021 FEDERAL EXPRESS CORP 35.12 0.00 35.12
AP 00415098 01/13/2021 FEDERAL EXPRESS CORP 68.55 0.00 68.55
AP 00415099 01/13/2021 FERRER,GABE 0.00 400.00 400.00
AP 00415100 01/13/2021 FREEDOM FOREVER LLC 153.08 0.00 153.08
AP 00415101 01/13/2021 G&M BUSINESS INTERIORS 544.30 0.00 544.30
AP 00415102 01/13/2021 GARCIA,MELINDA 81.21 0.00 81.21
AP 00415103 01/13/2021 GARNICA,CHRISTIAN 309.35 0.00 309.35
AP 00415104 01/13/2021 GRAINGER 68.73 98.42 167.15 ***
AP 00415105 01/13/2021 HERITAGE EDUCATION GROUP 1,022.00 0.00 1,022.00
AP 00415106 01/13/2021 HODNICK,CHRISTOPHER 15.00 0.00 15.00
AP 00415107 01/13/2021 HOME DEPOT CREDIT SERVICES 232.48 0.00 232.48
AP 00415108 01/13/2021 HOYT LUMBER CO,S M 0.00 64.71 64.71
AP 00415109 01/13/2021 INDERWEISCHE,MATT 82.72 0.00 82.72
AP 00415110 01/13/2021 INLAND DESERT SECURITY&COMMUNICATIONS INC 54.00 0.00 54.00
AP 00415111 01/13/2021 ITRON INC 7,486.26 0.00 7,486.26
AP 00415112 01/13/2021 LIFE-ASSIST INC 0.00 5,521.55 5,521.55
AP 00415113 01/13/2021 M J ROOFING 481.24 0.00 481.24
AP 00415114 01/13/2021 MAIN STREET SIGNS 581.74 0.00 581.74
AP 00415115 01/13/2021 MARIPOSA LANDSCAPES INC 901.67 0.00 901.67
AP 00415116 01/13/2021 MARLINK SA INC 0.00 162.00 162.00
AP 00415117 01/13/2021 MARTINEZ,ERIK 129.40 0.00 129.40
AP 00415118 01/13/2021 MCI 70.56 0.00 70.56
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Cu Fire Amount
AP 00415119 01/13/2021 MCMASTER-CARR SUPPLY COMPANY 12.24 0.00 12.24
AP 00415120 01/13/2021 MIDWEST TAPE 1,419.06 0.00 1,419.06
AP 00415121 01/13/2021 MIJAC ALARM COMPANY 1,299.00 2,718.00 4,017.00 ***
AP 00415122 01/13/2021 MIP BROS 71.02 0.00 71.02
AP 00415123 01/13/2021 MUNWE,ADRIAN 162.73 0.00 162.73
AP 00415124 01/13/2021 MYERS TIRE SUPPLY COMPANY 0.00 222.47 222.47
AP 00415125 01/13/2021 NAPA AUTO PARTS 0.00 626.18 626.18
AP 00415127 01/13/2021 NORSTAR PLUMBING AND ENGINEERING INC 3,772.50 0.00 3,772.50
AP 00415128 01/13/2021 OIEN DESIGNS,BRIAN W 0.00 2,000.00 2,000.00
AP 00415129 01/13/2021 ONTRAC 202.21 0.00 202.21
AP 00415130 01/13/2021 ONWARD ENGINEERING 16,940.00 0.00 16,940.00
AP 00415131 01/13/2021 ORKIN PEST CONTROL 222.02 776.99 999.01 ***
AP 00415132 01/13/2021 PACIFIC PRODUCTS AND SERVICES 1,276.84 0.00 1,276.84
AP 00415133 01/13/2021 PACIFIC WESTERN BANK 19,862.02 36,886.61 56,748.63 ***
AP 00415134 01/13/2021 PATTON SALES CORP 49.24 0.00 49.24
AP 00415135 01/13/2021 PEP BOYS 161.57 0.00 161.57
AP 00415136 01/13/2021 PFM ASSET MANAGEMENT LLC 10,876.31 728.24 11,604.55 ***
AP 00415137 01/13/2021 PH&S PRODUCTS LLC 0.00 2,312.00 2,312.00
AP 00415138 01/13/2021 PINNACLE PETROLEUM INC 37,308.64 0.00 37,308.64
AP 00415139 01/13/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17
AP 00415140 01/13/2021 QUADIENT INC 1,018.91 0.00 1,018.91
AP 00415141 01/13/2021 RAMIREZ,CHRIS 163.94 0.00 163.94
AP 00415142 01/13/2021 RBM LOCK AND KEY SERVICE 68.96 0.00 68.96
AP 00415143 01/13/2021 RDO EQUIPMENT COMPANY 765.64 0.00 765.64
AP 00415144 01/13/2021 RISEMBERG,ERIK 59.77 0.00 59.77
AP 00415145 01/13/2021 RIVERA,ROBERT 27.34 0.00 27.34
AP 00415146 01/13/2021 RJ THOMAS MFG COMPANY INC 2,624.34 0.00 2,624.34
AP 00415147 01/13/2021 SAFE-ENTRY TECHNICAL INC 0.00 1,050.00 1,050.00
AP 00415148 01/13/2021 SAN BERNARDINO CO FIRE DEPT 62,064.78 0.00 62,064.78
AP 00415149 01/13/2021 SAN BERNARDINO COUNTY 0.00 12,289.88 12,289.88
AP 00415150 01/13/2021 SBPEA 2,422.18 0.00 2,422.18
AP 00415151 01/13/2021 SCL 0.00 79.19 79.19
AP 00415152 01/13/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00
AP 00415153 01/13/2021 SHRED PROS 58.00 63.00 121.00 ***
AP 00415154 01/13/2021 SILVER&WRIGHT LLP 0.00 2,601.50 2,601.50
AP 00415155 01/13/2021 SOCIAL VOCATIONAL SERVICES 1,979.00 0.00 1,979.00
AP 00415156 01/13/2021 SOLARWINDS INC 1,200.00 0.00 1,200.00
AP 00415162 01/13/2021 SOUTHERN CALIFORNIA EDISON 36,379.83 2,079.03 38,458.86 ***
AP 00415163 01/13/2021 SOUTHERN CALIFORNIA EDISON 40.05 0.00 40.05
AP 00415164 01/13/2021 SRPS LLC 51.22 0.00 51.22
AP 00415165 01/13/2021 SUNLUX 65.47 0.00 65.47
AP 00415166 01/13/2021 SUNPOWER CORPORATION SYSTEMS 389.07 0.00 389.07
AP 00415167 01/13/2021 TECH RESCUE TRAINERS INC 0.00 1,062.89 1,062.89
AP 00415168 01/13/2021 THOMPSON BUILDING MATERIALS 673.39 0.00 673.39
AP 00415169 01/13/2021 TIANA SANCHEZ INTERNATIONAL LLC 5,497.95 0.00 5,497.95
AP 00415170 01/13/2021 TIREHUB LLC 1,847.66 0.00 1,847.66
AP 00415171 01/13/2021 TRANSOFT SOLUTIONS INC 3,557.76 0.00 3,557.76
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Ca Fire Amount
AP 00415172 01/13/2021 TRANSWEST TRUCK CENTER 0.00 374.42 374.42
AP 00415173 01/13/2021 TRIDEN GROUP CORP 2,250.00 0.00 2,250.00
AP 00415174 01/13/2021 U S LEGAL SUPPORT INC 213.29 0.00 213.29
AP 00415175 01/13/2021 UNIFIRE 0.00 95.51 95.51
AP 00415176 01/13/2021 UNITED WAY 50.00 0.00 50.00
AP 00415177 01/13/2021 UNIVERSAL FLEET SUPPLY 0.00 75.91 75.91
AP 00415178 01/13/2021 UPS 126.00 0.00 126.00
AP 00415179 01/13/2021 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00
AP 00415180 01/13/2021 VCA CALIFORNIA VETERINARY SPECIALISTS 1,163.84 0.00 1,163.84
AP 00415181 01/13/2021 VCA CENTRAL ANIMAL HOSPITAL 255.39 0.00 255.39
AP 00415182 01/13/2021 VEGA,DANIEL 65.55 0.00 65.55
AP 00415183 01/13/2021 VERIZON WIRELESS-LA 795.15 0.00 795.15
AP 00415184 01/13/2021 VERIZON WIRELESS-LA 486.48 0.00 486.48
AP 00415185 01/13/2021 VERIZON WIRELESS-LA 0.00 5,471.61 5,471.61
AP 00415186 01/13/2021 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00
AP 00415187 01/13/2021 VISION SERVICE PLAN CA 10,593.80 0.00 10,593.80
AP 00415188 01/13/2021 VOHNE LICHE KENNELS INC 125.00 0.00 125.00
AP 00415189 01/13/2021 VULCAN MATERIALS COMPANY 152.46 0.00 152.46
AP 00415190 01/13/2021 WAXIE SANITARY SUPPLY -25.94 468.84 442.90 ***
AP 00415191 01/13/2021 WEST COAST ARBORISTS INC 20,047.00 0.00 20,047.00
AP 00415192 01/13/2021 WEST END YMCA/RANCHO CUCAMONGA 6,377.01 0.00 6,377.01
AP 00415193 01/13/2021 WESTRUX INTERNATIONAL INC 0.00 594.52 594.52
AP 00415194 01/13/2021 WILLDAN FINANCIAL SERVICES 2,900.00 0.00 2,900.00
AP 00415195 01/13/2021 XEROX FINANCIAL SERVICES 298.38 0.00 298.38
AP 00415196 01/13/2021 ZOETIS US LLC 570.84 0.00 570.84
AP 00415197 01/19/2021 ALTA VISTA MOBILE HOME PARK 721.28 0.00 721.28
AP 00415198 01/19/2021 ARTE 2,000.00 0.00 2,000.00
AP 00415199 01/19/2021 AVANA RANCHO CUCAMONGA 3,011.00 0.00 3,011.00
AP 00415200 01/19/2021 DEVINE PROPERTY 6,000.00 0.00 6,000.00
AP 00415201 01/19/2021 FDC MANAGEMENT INC 1,425.00 0.00 1,425.00
AP 00415202 01/19/2021 FIR TERRACE 594.89 0.00 594.89
AP 00415203 01/19/2021 IRONWOOD AT EMPIRE LAKES 1,883.00 0.00 1,883.00
AP 00415204 01/19/2021 JOSEPH DEVIN MARTINEZ 4,000.00 0.00 4,000.00
AP 00415205 01/19/2021 KATHRYN CASEY 2,000.00 0.00 2,000.00
AP 00415206 01/19/2021 KNICKERBOCKER PROPERTIES INC XLVII 5,717.00 0.00 5,717.00
AP 00415207 01/19/2021 LMC 6,000.00 0.00 6,000.00
AP 00415208 01/19/2021 LMC 6,000.00 0.00 6,000.00
AP 00415209 01/19/2021 LMC 1,937.00 0.00 1,937.00
AP 00415210 01/19/2021 LMC 5,950.00 0.00 5,950.00
AP 00415211 01/19/2021 LMC 6,572.00 0.00 6,572.00
AP 00415212 01/19/2021 LMC 1,116.39 0.00 1,116.39
AP 00415213 01/19/2021 PATTON,NEARY 1,525.00 0.00 1,525.00
AP 00415214 01/19/2021 R M PROPERTY MGMT&SERVICE COPR 7,500.00 0.00 7,500.00
AP 00415215 01/19/2021 RANCHO VILLAS APARTMENTS 7,585.00 0.00 7,585.00
AP 00415216 01/19/2021 RDM MANAGEMENT INC 132.58 0.00 132.58
AP 00415217 01/19/2021 SIERRA HEIGHTS 7,394.00 0.00 7,394.00
AP 00415218 01/19/2021 SONORA AT ALTA LOMA 3,277.00 0.00 3,277.00
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Ca Fire Amount
AP 00415219 01/19/2021 SRGMF II DAY CREEK RANCHO LLC 3,830.00 0.00 3,830.00
AP 00415220 01/19/2021 SYCAMORE VILLA 1,496.52 0.00 1,496.52
AP 00415221 01/19/2021 VERANO RANCHO CUCAMONGA TOWN SQUARE 7,576.00 0.00 7,576.00
AP 00415222 01/20/2021 TREA CREEKSIDE ALTA LOMA 1,682.00 0.00 1,682.00
AP 00415223 01/20/2021 TREA CREEKSIDE ALTA LOMA 2,000.00 0.00 2,000.00
AP 00415224 01/20/2021 TREA CREEKSIDE ALTA LOMA 1,890.00 0.00 1,890.00
AP 00415225 01/20/2021 360 DEEP CLEANING LLC 0.00 4,512.50 4,512.50
AP 00415226 01/20/2021 AMERICAN PUBLIC POWER ASSOCIATION 1,269.67 0.00 1,269.67
AP 00415227 01/20/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00
AP 00415228 01/20/2021 ARCHIBALD PET HOSPITAL 150.00 0.00 150.00
AP 00415229 01/20/2021 AUFBAU CORPORATION 15,290.00 0.00 15,290.00
AP 00415230 01/20/2021 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00
AP 00415231 01/20/2021 BOOT BARN INC 1,632.58 0.00 1,632.58
AP 00415232 01/20/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 4,207.02 0.00 4,207.02
AP 00415233 01/20/2021 C V W D 49.30 0.00 49.30
AP 00415238 01/20/2021 C V W D 25,294.44 1,173.09 26,467.53 ***
AP 00415239 01/20/2021 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48
AP 00415240 01/20/2021 CALIFORNIA DEPT OF TAX&FEE ADMINISTRATION 5,896.00 0.00 5,896.00
AP 00415241 01/20/2021 CAMERON-DANIEL PC 732.00 0.00 732.00
AP 00415242 01/20/2021 CASTRO,JONATHAN 206.00 0.00 206.00
AP 00415243 01/20/2021 CASTRO,LINDY 195.80 0.00 195.80
AP 00415244 01/20/2021 CHAMPION AWARDS&SPECIALTIES 143.40 0.00 143.40
AP 00415245 01/20/2021 CHRISTOS,JESSIKA 321.84 0.00 321.84
AP 00415246 01/20/2021 CINTAS CORPORATION #150 0.00 656.31 656.31
AP 00415247 01/20/2021 CLARKE PLUMBING SPECIALTIES INC 3,231.58 0.00 3,231.58
AP 00415248 01/20/2021 CLIMATEC LLC 7,778.00 0.00 7,778.00
AP 00415249 01/20/2021 COLTON JOINT UNIFIED SCHOOL DISTRICT 1,008.00 0.00 1,008.00
AP 00415250 01/20/2021 CONSOLIDATED ELECTRICAL DISTR INC 12,076.20 0.00 12,076.20
AP 00415251 01/20/2021 CORODATA MEDIA STORAGE INC 62.70 0.00 62.70
AP 00415252 01/20/2021 COVETRUS NORTH AMERICA 1,166.03 0.00 1,166.03
AP 00415253 01/20/2021 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00
AP 00415254 01/20/2021 CUMMINS SALES&SERVICE 0.00 59.20 59.20
AP 00415255 01/20/2021 DAISYECO INC 77.00 0.00 77.00
AP 00415256 01/20/2021 DELL MARKETING LP 527,330.32 0.00 527,330.32
AP 00415257 01/20/2021 DELTA DENTAL INSURANCE COMPANY 653.27 0.00 653.27
AP 00415258 01/20/2021 DELTA DENTAL INSURANCE COMPANY 20,406.87 0.00 20,406.87
AP 00415259 01/20/2021 DEPARTMENT OF JUSTICE 352.00 0.00 352.00
AP 00415260 01/20/2021 DIG SAFE BOARD 101.69 0.00 101.69
AP 00415261 01/20/2021 ECORP CONSULTING INC 210.00 0.00 210.00
AP 00415262 01/20/2021 EIGHTH AVENUE ENTERPRISE LLC 84.05 0.00 84.05
AP 00415263 01/20/2021 ESPINOZA,ALBERTO 2,300.00 0.00 2,300.00
AP 00415264 01/20/2021 EXECUTIVE AUTO DETAIL 0.00 160.00 160.00
AP 00415265 01/20/2021 EXPERIAN 52.00 0.00 52.00
AP 00415266 01/20/2021 EXPERIAN 52.00 0.00 52.00
AP 00415267 01/20/2021 FORTIN LAW GROUP 966.00 0.00 966.00
AP 00415269 01/20/2021 FRONTIER COMM 3,142.84 1,067.11 4,209.95 ***
AP 00415270 01/20/2021 FUEL SERV 0.00 1,189.05 1,189.05
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Ca Fire Amount
AP 00415271 01/20/2021 GATEWAY PET CEMETERY&CREMATORY 320.00 0.00 320.00
AP 00415272 01/20/2021 GEORGE HILLS COMPANY 1,670.48 0.00 1,670.48
AP 00415273 01/20/2021 GOLDEN OAKS VET HOSPITAL 100.00 0.00 100.00
AP 00415274 01/20/2021 GOLDEN STATE RISK MANAGEMENT AUTHORITY 182,044.00 2,464.00 184,508.00 ***
AP 00415275 01/20/2021 GONSALVES&SON,JOE A 3,000.00 0.00 3,000.00
AP 00415276 01/20/2021 GRAINGER 944.68 3,593.64 4,538.32 ***
AP 00415277 01/20/2021 GRAPHICS FACTORY PRINTING INC 457.94 0.00 457.94
AP 00415278 01/20/2021 GRAYBAR ELECTRIC COMPANY INC 271.79 0.00 271.79
AP 00415279 01/20/2021 HENRY SCHEIN INC 0.00 1,582.15 1,582.15
AP 00415280 01/20/2021 HERITAGE EDUCATION GROUP 1,030.00 0.00 1,030.00
AP 00415281 01/20/2021 HINDERLITER DE LLAMAS&ASSOCIATES 10,173.48 0.00 10,173.48
AP 00415282 01/20/2021 HLP INC 167.30 0.00 167.30
AP 00415283 01/20/2021 HMC ARCHITECTS 0.00 10,258.54 10,258.54
AP 00415284 01/20/2021 HOLLARD,BRANDIE 297.60 0.00 297.60
AP 00415285 01/20/2021 HOYT LUMBER CO,S M 0.00 23.26 23.26
AP 00415286 01/20/2021 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 100.00 0.00 100.00
AP 00415287 01/20/2021 HUNTINGTON HARDWARE CO INC 103.77 0.00 103.77
AP 00415288 01/20/2021 IDEXX DISTRIBUTION INC 1,954.80 0.00 1,954.80
AP 00415289 01/20/2021 INTELESYS 34,190.00 0.00 34,190.00
AP 00415290 01/20/2021 INTERSTATE BATTERIES 1,256.76 778.39 2,035.15 ***
AP 00415291 01/20/2021 INTERVET INC 2,567.25 0.00 2,567.25
AP 00415292 01/20/2021 IRONMONGER,TERESA 21.00 0.00 21.00
AP 00415293 01/20/2021 JACOBY IE INC,ERIC 243.34 0.00 243.34
AP 00415294 01/20/2021 JEEP CHRYSLER OF ONTARIO INC 1,095.74 0.00 1,095.74
AP 00415295 01/20/2021 LIEBERT CASSIDY WHITMORE 7,486.00 0.00 7,486.00
AP 00415296 01/20/2021 LIFE-ASSIST INC 0.00 1,450.67 1,450.67
AP 00415297 01/20/2021 LOPEZ,KIMBERLY 126.00 0.00 126.00
AP 00415299 01/20/2021 LOWES COMPANIES INC 5,103.08 447.56 5,550.64 ***
AP 00415300 01/20/2021 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00
AP 00415301 01/20/2021 MANCILLA,ELIZABETH 100.00 0.00 100.00
AP 00415302 01/20/2021 MARIPOSA LANDSCAPES INC 27,188.76 2,428.71 29,617.47 ***
AP 00415303 01/20/2021 MARKS,CHELSEA 2,437.00 0.00 2,437.00
AP 00415304 01/20/2021 MARRUFO,JOANNA 1,143.35 0.00 1,143.35
AP 00415305 01/20/2021 MARY S ROBERTS SPAY/NEUTER CLINIC 85.00 0.00 85.00
AP 00415306 01/20/2021 MASTERCORP COMMERCIAL SERVICES LLC 2,289.69 0.00 2,289.69
AP 00415307 01/20/2021 MCMASTER-CARR SUPPLY COMPANY 364.90 0.00 364.90
AP 00415308 01/20/2021 MEDINA,MARK 2,300.00 0.00 2,300.00
AP 00415309 01/20/2021 MEDINA,MARK 13.80 0.00 13.80
AP 00415310 01/20/2021 MEDIWASTE DISPOSAL 115.00 0.00 115.00
AP 00415311 01/20/2021 MIJAC ALARM COMPANY 325.00 18.00 343.00 ***
AP 00415312 01/20/2021 MONTGOMERY HARDWARE CO 1,222.96 0.00 1,222.96
AP 00415313 01/20/2021 NBS 0.00 1,972.50 1,972.50
AP 00415314 01/20/2021 NEAL,RENA 127.98 0.00 127.98
AP 00415315 01/20/2021 NINYO&MOORE 49,509.98 0.00 49,509.98
AP 00415316 01/20/2021 OCCUPATIONAL HEALTH CTRS OF CA 61.50 2,168.50 2,230.00 ***
AP 00415317 01/20/2021 ONLY CREMATIONS FOR PETS INC 340.00 0.00 340.00
AP 00415318 01/20/2021 ONTRAC 33.00 0.00 33.00
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Ca Fire Amount
AP 00415319 01/20/2021 ONWARD ENGINEERING 14,520.00 0.00 14,520.00
AP 00415320 01/20/2021 ORKIN PEST CONTROL 536.86 0.00 536.86
AP 00415321 01/20/2021 PAPE GROUP INC,THE 1,973.14 0.00 1,973.14
AP 00415322 01/20/2021 PARKHOUSE TIRE INC 987.88 0.00 987.88
AP 00415323 01/20/2021 PARS 3,500.00 0.00 3,500.00
AP 00415324 01/20/2021 PH&S PRODUCTS LLC 0.00 2,593.50 2,593.50
AP 00415325 01/20/2021 PINNACLE PETROLEUM INC 21,064.32 0.00 21,064.32
AP 00415326 01/20/2021 PMW ASSOCIATES 393.00 0.00 393.00
AP 00415327 01/20/2021 POSTAL PERFECT 150.00 0.00 150.00
AP 00415328 01/20/2021 RAMBAUD,BRET 0.00 295.00 295.00
AP 00415329 01/20/2021 RANCHO SMOG CENTER 119.85 0.00 119.85
AP 00415330 01/20/2021 RBM LOCK AND KEY SERVICE 25.26 0.00 25.26
AP 00415331 01/20/2021 SAN BERNARDINO COUNTY 15,389.54 0.00 15,389.54
AP 00415332 01/20/2021 SAN BERNARDINO COUNTY TRANSPORTATION 170,682.00 0.00 170,682.00
AP 00415333 01/20/2021 SHEAKLEY PENSION ADMINISTRATION 458.90 182.45 641.35 ***
AP 00415334 01/20/2021 SILVER&WRIGHT LLP 0.00 1,335.50 1,335.50
AP 00415335 01/20/2021 SOCAL OFFICE TECHNOLOGIES 112.65 11.26 123.91 ***
AP 00415336 01/20/2021 SOCAL PPE 0.00 461.17 461.17
AP 00415337 01/20/2021 SOCRATA INC 12,588.00 0.00 12,588.00
AP 00415342 01/20/2021 SOUTHERN CALIFORNIA EDISON 10,508.53 1,343.48 11,852.01 ***
AP 00415343 01/20/2021 SOUTHERN CALIFORNIA EDISON 78,503.85 0.00 78,503.85
AP 00415344 01/20/2021 SPECIAL SERVICES GROUP LLC 2,400.00 0.00 2,400.00
AP 00415345 01/20/2021 STOTZ EQUIPMENT 77.87 0.00 77.87
AP 00415346 01/20/2021 SUN BEES GROUPS INC 276.60 0.00 276.60
AP 00415347 01/20/2021 SUTTON,JAQUELINE 22.08 0.00 22.08
AP 00415348 01/20/2021 TESSLER,JULIAN 146.00 0.00 146.00
AP 00415349 01/20/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 750.00 750.00
AP 00415350 01/20/2021 TORO TOWING 1,475.00 0.00 1,475.00
AP 00415351 01/20/2021 TRUTEAM OF CA INC 298.00 0.00 298.00
AP 00415352 01/20/2021 U.S.BANK PARS ACCT#6746022500 1,101.84 0.00 1,101.84
AP 00415353 01/20/2021 U.S.BANK PARS ACCT#6746022500 21,140.10 0.00 21,140.10
AP 00415354 01/20/2021 UNDERGROUND SVC ALERT OF SO CAL 105.70 0.00 105.70
AP 00415355 01/20/2021 UPLAND ANIMAL HOSPITAL 349.28 0.00 349.28
AP 00415356 01/20/2021 UPS 33.00 0.00 33.00
AP 00415357 01/20/2021 US POSTMASTER 1,510.00 0.00 1,510.00
AP 00415358 01/20/2021 VAQUERA,LUIS 150.65 0.00 150.65
AP 00415359 01/20/2021 VARA,SUSAN 60.00 0.00 60.00
AP 00415360 01/20/2021 VERIZON 25.76 0.00 25.76
AP 00415361 01/20/2021 VERIZON WIRELESS-LA 5,440.55 0.00 5,440.55
AP 00415362 01/20/2021 VICTOR MEDICAL COMPANY 3,105.75 0.00 3,105.75
AP 00415363 01/20/2021 VICTORIA ANIMAL HOSPITAL 100.00 0.00 100.00
AP 00415364 01/20/2021 VISION SERVICE PLAN CA 10,547.74 0.00 10,547.74
AP 00415365 01/20/2021 W R GOSS CONSTRUCTION, 12,880.00 0.00 12,880.00
AP 00415366 01/20/2021 WAXIE SANITARY SUPPLY 5,140.21 0.00 5,140.21
AP 00415367 01/20/2021 WESTLAND GROUP INC 0.00 27,935.00 27,935.00
AP 00415368 01/20/2021 WESTRUX INTERNATIONAL INC 986.97 0.00 986.97
AP 00415369 01/20/2021 WHITEHEAD CONSTRUCTION 2,392.05 0.00 2,392.05
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CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
1/11/2021 through 1/24/2021
Check No. Check Date Vendor Name Ca Fire Amount
AP 00415370 01/20/2021 WILBUR-ELLIS COMPANY 1,304.64 0.00 1,304.64
AP 00415371 01/20/2021 WILSON&BELL AUTO SERVICE 3,326.49 0.00 3,326.49
AP 00415372 01/20/2021 WOLFE,SARAH 424.00 0.00 424.00
AP 00415373 01/20/2021 ZUNIGA,CRYSTAL 468.67 0.00 468.67
Total City: $3,262,544.58
Total Fire: $1,101,007.68
Grand Total:
Note:
*** Check Number includes both City and Fire District expenditures
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W " ,
RANCHO CUCAMONGA FIRE
DISTRICT
AM
(&TT1 I
DATE: February 3, 2021
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Ivan Rojer, Fire Chief
Darci Vogel, Business Manager
SUBJECT: Consideration to Adopt a Resolution Approving the Third Amended and
Restated Consolidated Fire Agencies ("CONFIRE") Joint Powers
Agreement. (RESOLUTION NO. FD 2021-002) (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board approve and adopt Resolution No. FD 2021-002, authorizing
the Third Amended and Restated Consolidated Fire Agencies ("CONFIRE") Joint Powers
Agreement.
BACKGROUND:
Consolidated Fire Agencies (CONFIRE) is a joint powers authority duly organized and existing
under section 6500 et seq. of the Government Code and its Joint Powers Agreement became
effective August 13, 1990, was amended September 17, 2013, and amended again on December
4, 2019. This revision will be the Third Amended and Restated version.
The Rancho Cucamonga Fire Protection District Fire District(District) is currently one of nine local
jurisdictions that have collectively formed a Joint Powers Authority (JPA) to provide regional
emergency and non-emergency communication services for their fire department. The nine-
member agencies of the JPA include the cities of Colton, Loma Linda, Redlands, Rialto, the
Rancho Cucamonga Fire District, the County of San Bernardino Fire District, Chino Valley
Independent Fire Protection District, Apple Valley Fire Protection District and the Victorville Fire
Department. These member agencies comprise the policy making authority for the JPA and retain
joint ownership of all JPA assets. In addition to the nine-member agencies, there are five contract
agencies that pay a fee for the services of the JPA commensurate with the volume of calls for
service that their agency generates. Although these contract agencies enjoy the same level and
type of services as the member agencies, they are not directly represented in the policy making
process, nor do they have any ownership of the JPA's assets.
ANALYSIS:
On May 15, 1990, the cities of Colton, Loma Linda, Redlands, Rialto and the County of San
Bernardino (formally known as the San Bernardino Consolidated Fire Agency) entered into an
agreement establishing a Joint Powers Authority (JPA) to create a regional emergency
communication center for the fire departments of each respective jurisdiction. The formal name
adopted for the JPA is "Consolidated Fire Agencies" and is commonly referred to as CONFIRE.
The purpose of the JPA is to engage in any lawful act or activity that arises out of or relates to the
operation of a public safety communication system and cooperative program of fire protection,
Page 23
rescue and emergency medical services system. This shared communications infrastructure and
regionalized approach improves efficiency and reduces each agency's costs associated with
delivering these services. The joint services include providing a secondary 9-1-1 Public Safety
Answering Point(PSAP), the purchase and maintenance of a Computer Aided Dispatching (CAD)
system, delivery of specialized Emergency Medical Dispatching (EMD), information technology
services, and the employment and oversight of all human resources needed to maintain
operations.
The original JPA included by-laws as well as many policies and procedures which should have
been more appropriately outlined in a separate document. The two previous revisions, which
have occurred since 1990, only addressed the addition of individual member agencies but the
core language in the JPA was not revised. The JPA revision (Attachment 1 — Exhibit B) was
developed over the course of two years by a sub-committee comprised of members from the
Board of Directors, the Administrative Committee and legal counsel. Various items were
addressed in the current revision including parity of voting rights, indemnification, dissolution,
debts, etc. to better represent the intent of all member agencies while adhering to current statues
or laws.
The JPA revision is a foundational document and will require approval by all member agencies
along with filing the approved document with the Secretary of State. On December 10, 2020, the
CONFIRE Board of Directors approved the recommendation that each current party to the JPA
and member of CONFIRE take action to substantially amend the JPA via Resolution No. 2020-
03 (Attachment 1 — Exhibit A).
FISCAL IMPACT:
There are no increased costs to the District associated with this item
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item will enhance the delivery of vital life safety services to residents, visitors, and businesses
by working cooperatively and respectfully with all stakeholders to promote and enhance a safe
and healthy community for all.
ATTACHMENTS:
Attachment 1 — Resolution No. FD 2021-002
Page 24
RESOLUTION NO. FD 2021-XXXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AUTHORIZING JOINT POWERS AGREEMENT (THIRD
AMENDED AND RESTATED)
WHEREAS, the Rancho Cucamonga Fire Protection District("RCFPD") is a public agency
located in the County of San Bernardino, State of California; and
WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers
Agreement effective August 13, 1990, amended September 3, 2013 and September 17, 2013,
amended again on or before December 4, 2019, and being amended again concurrently with this
Resolution (collectively, the JPA"), whose members and parties are City of Redlands, City of
Loma Linda, City of Colton, City of Rialto, Rancho Cucamonga Fire Protection District, San
Bernardino County Fire Protection District, Chino Valley Independent Fire District, Apple Valley
Fire Protection District, and effective upon the adoption of a resolution concurrently herewith by
all Parties (defined below), the City of Victorville (collectively, the "Parties").
WHEREAS, as set forth in Exhibit A hereto, the Board of Directors of CONFIRE has
recommended that each current party to the JPA and member of CONFIRE take action to
substantially amend the JPA.
NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT HEREBY RESOLVES,
1. The foregoing Recitals are true and correct.
2. The execution of the Joint Powers Agreement (Third Amended and Restated) shall not
extinguish: (a) the obligation of Chino Valley Independent Fire District and Apple Valley Fire
Protection District to pay the "Required Buy-In" set forth in preceding amendment dated
December 4, 2019 as set forth therein; or (b) the obligation of the City of Victorville to pay the
"Required Buy-In" less the "Premium Amount", set forth in in the resolution adopted
concurrently with this Resolution.
BE IT FURTHER RESOLVED,
1. The President of said board or his or her designee be and hereby is authorized to sign and
execute the Joint Powers Agreement (Third Amended and Restated) attached hereto as
Exhibit B on behalf of the Rancho Cucamonga Fire Protection District.
2. The Secretary of the RCFPD shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of 2021.
Resolution No. FD XXXXX - Page 1 of 1
Page 25
EXHIBIT A
TO RESOLUTION
Page 26
RESOLUTION NO. 2020-03
BEFORE THE BOARD OF DIRECTORS OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Amend Consolidated Fire Agencies Joint Powers Agreement
RECITALS
1. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint
Powers Agreement effective August 13, 1990,amended September 3,2013 and September
17, 2013, and amended again on or before December 4, 2019 (collectively, the "JPA",
which is set forth in Appendix 1 to Exhibit A hereto).
2. WHEREAS, CONFIRE and its parties and member agencies, are considering the
substantial amendment to the JPA as set forth in Exhibit B hereto.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED:
1. The Board of Directors recommends that each current party to the JPA and member of
CONFIRE take action to substantially amend the JPA as set forth in Exhibit B hereto.
THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire
Agencies at a regular meeting held on the o� "h of ,,bee, 2020, by the following roll call
vote:
AYES:
NOES:
ABSENT: aJ
ABSTAIN: C
Signed and Approved by me after its passage.
Chairperson of the Board of Directors
Consolidated Fire Agencies
ATTEST:
Secretary to the Board of Directors
Consolidated Fire Agencies
00156772.1
Page 27
EXHIBIT B
TO RESOLUTION
Page 28
JOINT POWERS AGREEMENT
(Third Amended and Restated)
This Joint Powers Agreement("Agreement") is by and between the public entities listed in Exhibit
A (individually, a"Party," and collectively, the "Parties").
This Agreement is made and entered into as of ("Effective Date").
RECITALS
1. Prior Agreements. As authorized by Section 6500 of the Government Code, the Parties
previously entered into a joint powers agreement relating to the operation of the Consolidated
Fire Agencies of the East Valley (the "Existing Agreement"). The joint powers agreement
was:
a. Effective on ; and
b. Amended on and
2. Desire to Amend. The Parties desire to amend the Existing Agreement.
AGREEMENT
1. Amendment and Restatement. This Third Amended and Restated Agreement shall, on the
Effective Date, supersede and replace the Existing Agreement.
2. Agency Established.
a. Pursuant to Section 6500 et seq. of the Government Code, the legislative body of
each Party hereby authorizes, by entry into this Agreement, the joint exercise of
powers common to the Parties to further the Purpose, defined below.
b. This joint exercise of powers shall be conducted by an agency or entity that is separate
from the Parties to the Agreement and responsible for the administration of the
Agreement.
C. The name of that agency or entity created by this Agreement is:
Consolidated Fire Agencies ("CONFIRE').
3. Purpose and Method.
a. The purpose of CONFIRE and this Agreement is, for the benefit of those persons
served by the Parties and those persons served by other agencies who contract with
CONFIRE for services, to engage in any lawful act or activity that arises out of or
relates to the operation of a regional public safety communication system and
cooperative program of fire protection, rescue and emergency medical services
system (the"Purpose").
00158226.1
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b. By way of illustration and not by limitation, the Purpose includes:
(1) the provision of hardware, software, services, and other items necessary and
appropriate for the establishment, operation, and maintenance of a regional
public safety communications system; and
(2) a cooperative program for dispatch of fire and emergency medical services
and related functions for the mutual benefit of the members of CONFIRE;
and
(3) the provision of such services on a contract basis to other governmental
agencies and private entities; and
(4) the provision of a forum for discussion, study, development and
implementation of recommendations of mutual interest regarding public
safety, communications, operations and related matters within Parties and
contracting agencies.
C. The method by which the Purpose will be accomplished is any lawful act that arises
out of or relates to the Purpose.
4. Powers of CONFIRE. CONFIRE shall have:
a. All of the powers common to the Parties necessary or appropriate to the Purpose
except the power of eminent domain("Powers").
b. The Powers include, by way of illustration and not by limitation, the following:
(1) To sue and be sued;
(2) To acquire, hold, dispose of, convey and encumber the property, real and
personal, and to create a leasehold interest in the property for the benefit of
the Parties;
(3) To appoint and employ necessary employees, to define their qualifications
and duties, and to provide a pay schedule for performance of their duties;
(4) To employ counsel;
(5) To enter into and perform all necessary contracts;
(6) To adopt a seal and alter it at its pleasure;
(7) To issue revenue bonds pursuant to Government Code section 6540, et seq.;
and
00158226.1
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(8) To apply for, receive and disburse grants, loans, or other funds from any
private or public entity.
5. Restriction on Manner of Exercise of Powers of CONFIRE. The Powers of CONFIRE,
such as the powers of CONFIRE relating to bidding, contracting, and procurement, are
subject to the restrictions upon the manner of exercising the Powers of the "Restriction
Designee" designated below:
a. By default, San Bernardino County Fire Protection District is the Restriction
Designee.
b. Should San Bernardino County Fire Protection District withdraw or otherwise cease
to be a Party to this Agreement,the Restriction Designee shall be Rancho Cucamonga
Fire Protection District.
C. Should both San Bernardino County Fire Protection District and Rancho Cucamonga
Fire Protection District withdraw or otherwise cease to be a Party to this Agreement,
the Restriction Designee shall be Chino Valley Fire District.
d. Should San Bernardino County Fire Protection District, Rancho Cucamonga Fire
Protection District, and Chino Valley Fire District, withdraw or otherwise cease to
be a Party to this Agreement, the Restriction Designee shall be the remaining Party
that is first in alphabetical order.
6. Governance. CONFIRE shall be governed by a Board of Directors and an Administrative
Committee.
a. Board of Directors.
(1) CONFIRE shall have a"Board of Directors,"which is hereby established and
governed by the Brown Act.
(2) The Board of Directors shall consist of one elected official appointed by the
legislative body of each Party.
(3) The legislative body of each Party shall designate in writing to CONFIRE its
primary and alternate elected official to serve on the Board of Directors.
(4) The Board of Directors is responsible for:
(a) the appointment of a treasurer;
(b) the appointment of an auditor;
(c) providing recommendations to the governing bodies of the Parties
regarding the addition of new parties to this Agreement; and
(d) approval of the annual budget and assessment schedule of CONFIRE.
00158226.1
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(5) The Board of Directors may establish rules governing its own conduct and
procedure, including Board Bylaws and Policies that are consistent with this
Agreement
(6) A quorum for the transaction of all business by the Board of Directors shall
exist when a simple-majority (50.1%) of the members are present. (or is
lawfully present via teleconference).
(7) No one serving on the Board of Directors shall receive any salary or
compensation from CONFIRE.
(8) At its annual organizational meeting, the Board of Directors shall:
(a) select one (1) of its Directors to serve as Chairperson of the Board of
Directors and one Director to serve as the Vice Chairperson of the
Board until the next annual meeting; and
(b) establish a regular meeting schedule for the coming year. Unless
waived by the Board of Directors, the Board of Directors shall
schedule at least two (2) regular meetings per year.
b. Administrative Committee. The purpose of the Administrative Committee is to
meet regularly with the CONFIRE Director (and his/her staff) to provide advice,
direction and consent on matters related to operations and administration.
(1) CONFIRE shall have an "Administrative Committee," which is hereby
established and governed by the Brown Act
(2) The Administrative Committee shall consist of the Fire Chief of each Party.
(3) The legislative body of each Party shall designate in writing to CONFIRE its
primary, and one (1) alternate individual, to serve on the Administrative
Committee.
(4) At its annual organizational meeting, the Administrative Committee shall:
(a) select one (1) of its Chiefs to serve as Chairperson of the
Administrative Committee and one Chief to serve as the Vice
Chairperson of the Administrative Committee until the next annual
meeting; and
(b) establish a regular meeting schedule for the coming year.
(5) The Administrative Committee is responsible for all matters relating to the
conduct of CONFIRE as delegated by the Board of Directors.
00158226.1
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(6) The Administrative Committee may establish rules governing its own
conduct and procedure.
(7) A quorum for the transaction of all business by the Administrative Committee
shall exist when two-thirds of the members are present(or is lawfully present
via teleconference).
(8) No one serving on the Administrative Committee shall receive any salary or
compensation from CONFIRE.
(9) Policies. The Administrative Committee may establish policies to govern the
affairs of CONFIRE that are consistent with this Agreement and applicable
law.
(10) Subsidiary Committees.
(a) The Administrative Committee may establish subsidiary committees
as it deems fit to:
(i) Exercise authority lawfully delegated by the Administrative
Committee
(ii) Provide advisory recommendations to the Board of Directors
or the Administrative Committee.
(11) Except for those powers expressly reserved to the Board of Directors under
this Agreement, the Administrative Committee has all express or implied
powers which are consistent with applicable law and this Agreement.
C. Votin2.
(1) Board of Directors
(a) Each member of the Board of Directors shall cast one vote.
(b) A vote may only be cast by that Party's director(primary or alternate)
who is physically present (or is lawfully present via teleconference).
(2) Administrative Committee
(a) A member of the Administrative Committee,shall cast weighted votes
set annually, effective July 1 based upon the dispatch incidents in the
preceding Calendar Year as follows:
(i) A Party that had at least 50% of the dispatch incidents in the
preceding Calendar Year, four(4) votes.
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(ii) A Party that had between 15% and 49.9% of the dispatch
incidents in the preceding Calendar Year, two (2) votes.
(iii) All other Parties, one (1) vote.
All transactions of business shall require a majority of eligible
votes which may be different than the number of Parties.
Example: Based on eight agencies, if an agency has 50% of
the dispatch incidents, they are entitled to four votes, and the
remaining agencies are entitled to one vote, the number of
eligible votes would be a total of eleven. In this case six votes
would be required for a majority.
(iv) In the event that all agencies are not represented (i.e. full
quorum), no two agencies shall be able to authorize the
transaction of business on behalf of CONFIRE. If two
agencies represent a majority of eligible votes and are the only
two agencies voting to authorize action,the Board of Directors
shall convene a meeting to consider the proposed action.
(b) A vote (weighted vote) may only be cast by that Party's
Administrative Committee representative (primary or alternate) who
is physically present(or is lawfully present via teleconference).
(c) If a merger of a member agency takes place with another member or
contract agency that party shall cast weighted vote/votes according to
the criteria noted in Section 6.C.2 above.
(d) Should the number of Parties decline due to withdrawal, involuntary
termination, merger etc. the percentages noted in Section 6.C.2 shall
be revisited so that no two members becomes a super majority.
d. Vacancies.
A vacancy shall immediately occur in the office of any director of the Board of
Directors,or member of the Administrative Committee,upon the resignation or death
of such person holding such office, or upon his/her ceasing to be an officer or
employee of the Party that appointed him or her.
7. Fiscal Contributions.
a. Dispatch and Dispatch-Related Services.
(1) Each Party shall pay its pro-rata share of all capital, operating, and related
costs of CONFIRE that benefit all Parties (Universal Service).
00158226.1
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(2) Pro-rata share shall be calculated in the following manner:
All dispatched incidents originating in a Party's respective
jurisdiction over the immediately preceding one (1) calendar year
divided by
All dispatched incidents dispatched by CONFIRE over the
immediately preceding one (1) calendar year.
b. Additional Services. A Party or Parties shall pay for any additional services that are
received or requested by the Party or Parties if those additional services (seat-based)
are not also deemed by the Administrative Committee as a Universal Service, of
general benefit to CONFIRE and made available to all Parties. Additional services
shall be provided by CONFIRE at rates to be determined by the Administrative
Committee.
C. Other Costs and Expenses. The Parties recognize that, from time-to-time,
CONFIRE may incur costs and expenses which are not directly related to the
provision of services to Parties. In addition to the payments specified in Sections 7.a
and 7.b above,each Parry shall pay its pro-rata share of such costs and expenses upon
approval by the Administrative Committee.
d. Ongoing Financial Obligations. Each Party is responsible for its pro-rata share of
any obligation which was incurred at a time when that entity was a Party. This shall
include, by way of illustration and not limitation: long-term debt and multi-fiscal-
year debt related to the above described Services, Costs and Expenses.
(1) Pro-rata share shall be in the same proportion as that entity's pro-rata share
determined pursuant to Section 7.a.2 of the Agreement.
(2) The pro-rata obligation of each Parry is immediately binding on the Party at
the time the obligation is incurred.
e. Billing.
(1) CONFIRE shall bill each Parry for its Fiscal Contributions quarterly, unless
a request is made and approved for bi-annual billing. The Parties shall pay
the bill within sixty (60) days of receipt.
(2) Any Party whose bill has not been paid within sixty(60) days may be deemed
by CONFIRE to be in default and required to pay interest on the unpaid
balance, not to exceed one (1)percent per month ("Defaulting Parry").
(3) CONFIRE has the power, at its option, to take the following action against a
Defaulting Party:
00158226.1
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(i) commence an action in its own name against the Defaulting Party to
recover the amount of the obligation due to CONFIRE hereunder;or
(ii) suspend the voting rights of the Defaulting Party until all Fiscal
Contributions have been paid; or
(iii) involuntarily terminate the Defaulting Party as set forth in Paragraph
12, below.
8. Accountability and Audits. CONFIRE shall be strictly accountable for all funds and shall
report all receipts and disbursements, as required by Government Code section 6505.
a. Pursuant to Section 6505.6 of the Government Code, the Board of Directors may
designate a CONFIRE employee as treasurer and auditor of CONFIRE as set forth in
Section 6505.5.
b. The CONFIRE treasurer and auditor shall perform the duties set forth in Section 6505
of the Government Code.
C. The CONFIRE treasurer and auditor shall cause an independent audit of CONFIRE
to be made by a certified public accountant, or public accountant, in compliance with
Section 6505 of the Government Code.
9. Indemnification.
a. To the furthest extent permitted by law, each Party, including CONFIRE, hereby
agrees to defend, indemnify, and hold CONFIRE and the other Parties, and their
respective officials, officers, agents, employees, and volunteers free and harmless
from any and all liability or claims for personal injury, death, and property damage
to the extent that it may arise from the indemnifying party's breach of this Agreement
or negligent or otherwise tortious acts or omissions.
b. CONFIRE and each Party shall procure and maintain their own general liability,auto,
professional, and worker's compensation policies with limits set out in Exhibit B, as
amended from time to time by the Board of Directors, attached hereto and
incorporated herein by reference. To the extent that CONFIRE or any Party does not
have an employee,workers compensation coverage shall not be required. CONFIRE
and each Party may satisfy the insurance requirement set forth herein with an
adequate self-insurance program or participation in a public agency insurance pool.
10. Force Mai eure. Neither CONFIRE nor any of the Parties shall be held responsible or liable
to any other Party or CONFIRE for any loss, damage or delay caused by accidents, strikes,
lockouts, fire, flood,act of civil or military authority or by insurrection or riot or by any other
cause which is beyond its control.
00158226.1
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11. Withdrawal. Any Party may withdraw as a party to this Agreement as follows:
a. Notice of Intent to Withdraw shall be given not less than eighteen(18) months prior
to the proposed date that the withdrawal shall take effect.
(1) Notice of Intent to Withdraw shall be in writing and addressed to the
Chairperson of the Board of Directors of CONFIRE at its primary address
(currently 1743 Miro Way, Rialto CA 92376).
(2) Notice of Intent to Withdraw must be accompanied by a proof of service that
notice was sent by certified mail with return receipt requested. Notice shall
be considered given on the date of service.
b. June 30 (11:59 p.m.), annually, shall be the only month and day on which a
withdrawal shall take effect.
C. No withdrawing Party shall be entitled to any payment for its interests or assets in
CONFIRE upon withdrawal.
d. Notwithstanding Paragraph 1 La., no Party may withdraw until they have:
(1) Either,paid in full their pro-rata share of all outstanding debts and obligations
that were incurred while they were a Party. This shall include, by way of
illustration and not limitation: long-term debt,pension obligations and multi-
fiscal-year debt.
(2) Or, executed a contract with CONFIRE to pay for all outstanding debts and
obligations that were incurred while they were a Party.
12. Involuntary Termination.
a. This Agreement may be terminated with respect to a Party for material non-
compliance with provisions of this Agreement upon a no less than a two-thirds vote
of the Board of Directors, excluding the vote of the Party subject to possible
termination. Prior to any vote to terminate this Agreement with respect to a Party,
written notice of the proposed termination shall be provided. The written notice of
proposed termination shall identify the specific provisions of this Agreement that the
Party has allegedly violated and provide notice of the right to provide a written
response within ten (10) business days, either evidencing compliance with the terms
of this Agreement or a plan to cure the default and a reasonable timeline acceptable
to CONFIRE within which the Party subject to termination will diligently prosecute
the same to completion.
b. In the event that the Party subject to possible termination is unable to provide
satisfactory evidence of their compliance with the Agreement or ability to cure the
default,the Party subject to possible termination shall have the right to respond to the
reasons for the proposed termination at the Board of Directors meeting prior to any
vote regarding termination. Any vote for termination by the Board of Directors shall
00158226.1
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be at least forty (40) business days after delivery of the written notice identified in
Paragraph 12(a), above.
C. Any Party that is involuntarily terminated in accordance with Paragraph 12(a),above,
shall remain responsible for their pro-rata share of all outstanding debts and
obligations that were incurred while they were a Party. This shall include,by way of
illustration and not limitation: long-term debt, pension obligations and multi-fiscal-
year debt.
13. Enforcement.
CONFIRE is hereby given authority to enforce this Agreement. If suit is necessary to enforce
any of the provisions of this Agreement, CONFIRE and the Parties shall pay their own
reasonable attorney fees, regardless of who is the prevailing party.
14. Dissolution.
a. This Agreement may be dissolved and terminated, in its entirety, by a Board of
Directors' vote to terminate that is not less than ninety percent (90%) of the total
number of votes of the then-remaining Parties.
b. No assets may be distributed (divided or returned) until all outstanding debts and
obligations have been resolved. Resolved means that each Party has:
(1) Either paid their pro-rata share of all outstanding debts and obligations that
were incurred while they were a Party; or
(2) Executed a contract with CONFIRE to pay for all outstanding debts and
obligations that were incurred while they were a Party.
(3) All assets of CONFIRE will be distributed in proportion to the contributions
of the Parties during the fiscal year of dissolution.
15. Debts.
a. To the furthest extent permitted by law, the debts, liabilities and obligations of
CONFIRE shall not be the debts, liabilities, and/or obligations of the Parties.
b. Notwithstanding Paragraph 15.a, with respect to the retirement liabilities of
CONFIRE:
(1) The debts, liabilities and obligations of CONFIRE shall be the debts,
liabilities, and/or obligations of the Parties.
(2) Pursuant to Section 6508.2 of the Government Code, the Parties agree to
apportion CONFIRE's retirement obligations among themselves as follows:
00158226.1
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(a) Each Party is responsible for its pro-rata share of any retirement
obligations of CONFIRE which were incurred at a time when that
entity was a Party("Retirement Obligation").
(b) Pro-rata share shall be in the same proportion as that entity's pro-rata
share determined pursuant to Section 7.a.2 of the Agreement.
(c) The pro-rata obligation of each Party is immediately binding on the
Party at the time the obligation is incurred.
(d) In the event that one Party is forced to pay the Retirement Obligation
of another Party by virtue of joint and several liability with respect to
retirement liabilities of joint powers authorities under A.B. 1912
(2018), affecting Sections 6508.1, 6508.2, 20574.1, 20575, and
20577.5 of the Government Code effective January 1, 2019:
i. The Party that failed to pay its Retirement Obligation
("Defaulting Party") shall indemnify the Party that paid the
Defaulting Party's Retirement Obligation actions,
assessments, counts, citations, claims, costs, damages,
demands, judgments, liabilities (legal, administrative or
otherwise), losses, notices, expenses, fines, penalties,
proceedings,responsibilities,violations,reasonable attorney's
and consultants' fees and causes of action to property or
persons(each a"Claim")to the extent that the Claim arises out
of, pertains to, or relates to the Defaulting Party's failure to
pay its Retirement Obligation (collectively, the Defaulting
Party Indemnity").
ii. Each Party hereby irrevocably waives sovereign immunity
with respect to any assets it may have or later acquire to the
extent necessary for another Party to recover under the
Defaulting Party Indemnity.
iii. To the extent that a Defaulting Party is unable to satisfy its
obligations under the Defaulting Party Indemnity by virtue of
its insolvency("Defaulting Party Insolvency"),the Retirement
Obligation of each Party other than the Defaulting Party shall
be increased in the amount of its pro-rata share of the
Defaulting Party Insolvency in the same proportion as that
entity's pro-rata share determined pursuant to Section 7.a.2 of
the Agreement.
iv. CONFIRE Assets, if applicable shall be utilized first to
satisfy retirement obligations of a Defaulting Party before the
remaining parties are obligated pay their pro-rata shares.
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16. Provisions Required by Law Deemed Inserted.
a. This Agreement is subject to all provisions of the Constitution and laws of California
and the United States which: (1) govern, control, or affect CONFIRE and/or the
Parties; or (2) the property, funds, operations, or powers of CONFIRE and/or the
Parties.
b. Such provisions are by this reference made a part of this Agreement.
C. Any provision required by law to be included in this Agreement shall be deemed to
be inserted; and, had that provision been included in the most recent former joint
powers agreement of CONFIRE, then such provision shall be deemed inserted in the
form set forth in the most recent former joint powers agreement of CONFIRE.
17. Amendment.
a. This Agreement may be amended as follows:
(1) The Board of Directors adopts a Resolution recommending the amendment
which will be presented to the governing body of each Party for ratification.
(2) The Amendment shall be effective when the required Resolution
Recommending Amendment has been ratified by the governing bodies of all
Parties. .
IN WITNESS WHEREOF, the undersigned public agencies have set their signature on the
respective dates set forth below.
This document maybe signed in duplicate originals or counterparts.
ATTEST: APPLE VALLEY FIRE PROTECTION
DISTRICT
A Fire Protection District
Date: Date:
By:
Clerk, Board of Directors of Apple President, Board of Directors of Apple
Valley Fire Protection District Valley Fire Protection District
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ATTEST: CHINO VALLEY FIRE DISTRICT
A Fire Protection District
Date: Date:
By:
Clerk, Board of Directors of the Chino President, Board of Directors of the
Valley Fire District Chino Valley Fire District
ATTEST: CITY OF COLTON
A Municipal Corporation
Date: Date:
By:
City Clerk Mayor
ATTEST: CITY OF LOMA LINDA
A Municipal Corporation
Date: Date:
By:
City Clerk Mayor
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ATTEST: CITY OF REDLANDS
A Municipal Corporation
Date: Date:
By:
City Clerk Mayor
ATTEST: CITY OF RIALTO
A Municipal Corporation
Date: Date:
By:
City Clerk Mayor
ATTEST: CITY OF VICTORVILLE
A Municipal Corporation
Date: Date:
By:
City Clerk Mayor
ATTEST: RANCHO CUCOMONGA FIRE
PROTECTION DISTRICT
A Fire Protection District
Date: Date:
By:
Secretary, Board of Directors President, Board of Directors
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ATTEST: SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
A Fire Protection District
Date: Date:
By:
Secretary of the San Bernardino Chairman, Board of Directors of the San
County Fire Protection District Bernardino County Fire Protection
District
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EXHIBIT A
TO
JOINT POWERS AGREEMENT
(Third Amended and Restated)
The Parties to the Agreement are:
• Apple Valley Fire Protection District, a fire protection district duly formed and
existing under the Fire Protection District Law of 1987, Government Code section
13800 et seq. ("Apple Valley FPD"); and
• Chino Valley Fire District, a fire protection district duly formed and existing under
the Fire Protection District Law of 1987, Government Code section 13800 et seq.
("Chino Valley FPD"); and
• City of Colton, a general law city duly formed and existing under Art. XI, section 7
of the California Constitution("Colton");
• City of Loma Linda, a charter city duly formed and existing under Art. XI, section
5 and section 7 of the California Constitution("Loma Linda");
• City of Redlands, a general law city duly formed and existing under Art. XI, section
7 of the California Constitution ("Redlands");
• City of Rialto, a general law city duly formed and existing under Art. XI, section 7
of the California Constitution("Rialto');
• City of Victorville, City of Victorville, a municipal corporation duly authorized and
existing under Government Code Section 34000 et seq. ("Victorville");
• Rancho Cucamonga Fire Protection District, a fire protection district duly formed
and existing under the Fire Protection District Law of 1987, Government Code
section 13800 et seq. ("Rancho Cucamonga FPD"); and
• San Bernardino County Fire Protection District, a fire protection district duly
formed and existing under the Fire Protection District Law of 1987, Government
Code section 13800 et seq. ("San Bernardino County FPD").
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EXHIBIT B
TO
JOINT POWERS AGREEMENT
(Third Amended and Restated)
INSURANCE SPECIFICATIONS
1. Workers' Compensation/Employers Liability
A program of Workers'Compensation insurance or a State-approved Self-Insurance Program
in an amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employer's Liability with two hundred and fifty thousand dollar
($250,000) limits, covering all persons, including volunteers, providing services on behalf
of Party and all risks to such persons under this Agreement.
2. Commercial/General Liability Insurance
Party shall carry General Liability Insurance covering all operations performed by or on
behalf of Party providing coverage for bodily injury and property damage with a combined
single limit of not less than one million dollars ($1,000,000), per occurrence. The policy
coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
C. Broad form property damage (including completed operations)
d. Explosion, collapse and underground hazards.
e. Personal Injury
f. Contractual liability
g. $2,000,000 general aggregate limit
3. Automobile Liability Insurance
Primary insurance coverage shall be written on ISO Business Auto coverage form for all
owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a
combined single limit of not less than one million dollars ($1,000,000) for bodily injury and
property damage,per occurrence.
If Party is transporting one or more non-employee passengers in performance of services,
the automobile liability policy shall have a combined single limit of two million dollars
($2,000,000) for bodily injury and property damage per occurrence.
4. Umbrella Liability Insurance
An umbrella (over primary) or excess policy may be used to comply with limits or other
primary coverage requirements. When used, the umbrella policy shall apply to bodily
injury/property damage, personal injury/advertising injury and shall include a "dropdown"
provision providing primary coverage for any liability not covered by the primary policy.
The coverage shall also apply to automobile liability.
5. Cyber Liability Insurance - Cyber Liability Insurance with limits of no less than
$1,000,000 for each occurrence or event with an annual aggregate of$2,000,000 covering
privacy violations, information theft, damage to or destruction of electronic information,
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intentional and/or unintentional release of private information, alteration of electronic
information, extortion, network security, breach response cost, and regulatory fines and
penalties.
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W " ,
RANCHO CUCAMONGA FIRE
DISTRICT
AM
(&TT1 I
DATE: February 3, 2021
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Ivan Rojer, Fire Chief
Darci Vogel, Business Manager
SUBJECT: Consideration to Adopt a Resolution to Add Victorville Fire Department as
Party to the Consolidated Fire Agencies ("CONFIRE") Joint Powers
Agreement. (RESOLUTION NO. FD 2021-003) (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board approve and adopt Resolution No. FD 2021-003 authorizing
the amendment to the Joint Powers Agreement of the Consolidated Fire Agencies to admit the
Victorville Fire Department as party and member to the CONFIRE Joint Powers Agreement.
BACKGROUND:
The Rancho Cucamonga Fire Protection District Fire District (District) is currently one of eight
local jurisdictions that have collectively formed a Joint Powers Authority (JPA)to provide regional
emergency and non-emergency communication services for their fire departments. The eight-
member agencies of the JPA include the cities of Colton, Loma Linda, Redlands, Rialto, the
Rancho Cucamonga Fire District, the County of San Bernardino Fire District, Chino Valley
Independent Fire Protection District and the Apple Valley Fire Protection District. These member
agencies comprise the policy making authority for the JPA and retain joint ownership of all JPA
assets. In addition to the eight-member agencies, there are six contract agencies that pay a fee
for the services of the JPA commensurate with the volume of calls for service that their agency
generates. Although these contract agencies enjoy the same level and type of services as the
member agencies, they are not directly represented in the policy making process, nor do they
have any ownership of the JPA's assets.
Victorville Fire Department (VFD) is currently one of the contract agencies. However, in
accordance with the bylaws of the JPA, they have requested to become a formal member agency.
Approval for membership requires all current member agencies' local governing bodies
individually approve a resolution amending the current JPA agreement to accept the VFD as a
member agency. Additionally, the VFD must agree to pay a buy-in membership fee of $794,683
in five (5) equal installments commencing with the first installment due at the commencement of
the 2021/22 fiscal year of the City of Victorville.
CONFIRE and the City of Victorville entered into a contract whereby CONFIRE agreed to provide
services to the City and pursuant to which the City agreed to pay CONFIRE an annual amount
which includes a ten percent (10%) contract premium which will equal approximately One
Hundred Seventy-One Thousand Two Hundred Forty Dollars ($171,240) through December
2020. CONFIRE and the City entered a contract whereby it was agreed that upon Victorville
Page 47
becoming a member of CONFIRE, the Premium Amount previously paid by the City will be
credited against the Required-Buy-In amount. The balance due to CONFIRE will be the Required-
Buy-In minus the Premium Amount paid to date by Victorville at the time of the City's admission
as a member of CONFIRE and a party to the JPA.
ANALYSIS:
On May 15, 1990, the cities of Colton, Loma Linda, Redlands, Rialto and the County of San
Bernardino (formally known as the San Bernardino Consolidated Fire Agency) entered into an
agreement establishing a Joint Powers Authority (JPA) to create a regional emergency
communication center for the fire departments of each respective jurisdiction. The formal name
adopted for the JPA is "Consolidated Fire Agencies" and is commonly referred to as CONFIRE.
The purpose of the JPA is to engage in any lawful act or activity that arises out of or relates to the
operation of a public safety communication system and cooperative program of fire protection,
rescue and emergency medical services system. This shared communications infrastructure and
regionalized approach improves efficiency and reduces each agency's costs associated with
delivering these services. The joint services include providing a secondary 9-1-1 Public Safety
Answering Point(PSAP), the purchase and maintenance of a Computer Aided Dispatching (CAD)
system, delivery of specialized Emergency Medical Dispatching (EMD), information technology
services, and the employment and oversight of all human resources needed to maintain
operations.
Article III of the JPA's bylaws provides for non-member agencies to become a formal voting
member after a minimum of one year as a contracting agency, and providing that all existing
member agencies agree and sign an amended Joint Exercise of Powers Agreement. Membership
is also contingent upon payment of a "buy-in" fee to the joint ownership of the JPA's assets. The
fee amount must be determined and agreed upon by a majority of the JPA's board of directors.
Upon becoming a member, all new members shall become subject to the same financial
obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the
amended Joint Exercise of Powers Agreement.
On September 18, 2019, the VFD made a formal request for full membership in the CONFIRE
JPA. The proposal was presented to the JPA's board of directors and approved on December
10, 2020 via Resolution No. 2020-02, including a buy in fee of$794,683. (Attachment 1 — Exhibit
B). The fee amount was based on VFD's average percentage of calls for service in relation to the
total number of calls for service processed by the JPA over the three previous calendar years.
The fee amount was then calculated using this percentage (9.79%) of the JPA's total assets and
reserve accounts. Upon approval by the Board of Directors, the new member may pay the "buy-
in" obligation over a five-year period.
The final step in the formal acceptance of VFD as a member agency is to have the elected bodies
of each current JPA member agency individually adopt a resolution approving VFD's request for
membership (Attachment 1). Although each jurisdiction need only have a simple majority vote to
ratify their individual resolution, all jurisdictions must pass a resolution approving the action.
Should one or more of the member jurisdictions fail to pass the resolution, the action would not
move forward.
FISCAL IMPACT:
There are no increased costs to the District associated with this item. Because the VFD is
currently a contract agency with the JPA, the contract fees that they have paid and the offsets
those fees represent to the District's contribution to the JPA are already factored into the FY 2020-
21 budget.
Page 48
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
The adoption of this resolution will enhance the delivery of vital life safety services to
residents, visitors, and businesses by working cooperatively and respectfully with all
stakeholders to promote and enhance a safe and healthy community for all.
ATTACHMENTS:
Attachment 1 — Resolution No. FD 2021-003
Page 49
RESOLUTION NO. FD 2021-XXXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AUTHORIZING AMENDMENT TO CONFIRE JOINT POWERS
AGREEMENT TO ADMIT THE CITY OF VICTORVILLE AS A
PARTY AND MEMBER
WHEREAS, the Rancho Cucamonga Fire Protection District("RCFPD") is a public agency
located in the County of San Bernardino, State of California; and
WHEREAS, the City of Victorville ("City") is a municipal corporation duly authorized and
existing under Government Code 34000 et seq.
WHEREAS, the City has established and maintains the City of Victorville Fire Department
(the "Department").
WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers
Agreement effective August 13, 1990, amended September 3, 2013 and September 17, 2013,
and amended again on or before December 4, 2019 (collectively, the "JPA", which is set forth in
Exhibit A hereto).
WHEREAS, as set forth in Exhibit B hereto ("Victorville Resolution"), the Board of
Directors of CONFIRE has recommended that that each current party to the JPA and member of
CONFIRE and City take action to admit City as a party and a member of CONFIRE, as its JPA
may be amended from time to time, on the condition that City agrees to pay Seven Hundred
Ninety-Four Thousand Six Hundred Eighty-Three Dollars ($794,683) collectively ("Required-Buy-
In"), less the Premium Amount (defined below) paid to date by the City at the time of City's
admission as a member of CONFIRE and a party to the JPA, in five (5) equal installments
commencing with the first installment due at the commencement of the 2021/2022 fiscal year of
the City.
WHEREAS, CONFIRE and City have previously entered into a contract whereby
CONFIRE agreed to provide services to the City and pursuant to which the City agreed to pay
CONFIRE, as consideration therefore, an annual amount which includes a ten percent (10%)
contract premium (the"Premium Amount"), which will equal approximately One Hundred Seventy-
One Thousand Two Hundred Forty Dollars ($171,240) through December 2020.
WHEREAS, CONFIRE and the City have previously entered into a contract whereby it
was agreed that upon City becoming a member of CONFIRE, the Premium Amount previously
paid by the City will be credited against the Required-Buy-In amount, such that the balance due
to CONFIRE will be the Required-Buy-In minus the Premium Amount paid to date by the City at
the time of City's admission as a member of CONFIRE and a party to the JPA.
NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT HEREBY RESOLVES,
1. The foregoing Recitals are true and correct.
Resolution No. FD 2021-XX - Page 1 of 2
Page 50
2. The Board of Directors of the RCFPD hereby agrees to admit City as a party and a member
of CONFIRE on the following conditions:
a. The current parties to the JPA unanimously consent to amend the JPA; and
b. City agrees to pay Seven Hundred Ninety-Four Thousand Six Hundred Eighty-Three
Dollars ($794,683) collectively, less the Premium Amount paid to date by the City at the
time of City's admission as a member of CONFIRE and a party to the JPA, in five (5)equal
installments commencing with the first installment due at the commencement of the
2021/2022 fiscal year of the City.
BE IT FURTHER RESOLVED,
1. The President of said board be and hereby is authorized to sign and execute said agreement
on behalf of the Rancho Cucamonga Fire Protection District.
2. The Secretary of the RCFPD shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of 2021.
Resolution No. FD 2021-XX - Page 2 of 2
Page 51
EXHIBIT A
TO RESOLUTION
Page 52
I
1 JOINT POWERS AGREEMENT
2
THIS AGREEMENT is entered into by and between the public
hereinafter called "public
3 agencies signatory hereto,
4 agencies."
WITHESSETH:
5 WHEREAS, the signatories herein have determined that
-7 there is a need by public agencies within the East End cities
_ _
CO
California, to establish a regional
g of San Bernardino
9 fire agency to best serve the needs of all the citizens of
20 said public agencies; and,
11 WHEREAS, said public agencies have heretofore determined
that the interests of the citizens_ of each of said public
12 public
. agencies can best be served by the coordinated useof
13 safety radio channels and centralized regional co npute aided
1�
15 communications system; and,
16 WHEREAS, said public agencies recognize the mutual
for the development,
17
benefit of a centralized joint effort
1S t operation and maintenance or
implementation, and subsequen "
19 �such a centralized system; and,
20
WHEREAS, said public agencies desire to centralize and
21 provide safety communication operations; and,
22 WHEREAS, said public agencies have heretofore determined
23 that it is desirable and necessary to collectively direct the
24 management policies and operational practices of said regional
2- fire agency; and,
ost of developing, -operating and
26 WHEREAS, the c
27 1
2S
Page 53
1 maintaining said centralized systems is more cost effective
2 to such public agencies; and,
3 WHEREAS, said public agencies operate a cooperative
d program of fire protection and related functions that are
5 mutually agreed upon; and,
G WHEREAS, Title 1, Division 7, Chapter 5 of the Government
7 Cade of the State of California authorizes public agencies to
g enter into an agreement for the joint exercise of any-power
5 common to them; and,
10 WHEREAS-, these public agencies possess the power to
11 consolidate public safety communications and operational
12 programs by the execution and implementation of this
13 Agreement.
14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL
15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND
17 BETWEEN THE PARTIES HERETO AS FOLLOWS:
IS 1. Agency Established. Pursuant to the joint powers
1J authorization of the California Government Code, the
20 undersigned 'do hereby federate together in a cooperative
t and mutual operation of a centralized
21 agency for the join
22 public 'safety communication agency and a cooperative program
23 of fire protection and related functions, to be known as the
24 Consolidated Fire Agencies of the East Valley, hereinafter
25 designated as °CONFIRE," which shall be a public entity
26 separate from the parties to the Agreement.
27 a
28
Page 54
1 2. By-Laws. The Agency shall be subject to, and shall
2 be governed by, those certain By-Laws, a copy of which is
3 attached hereto, marked Exhibit "A" and by this reference made
4 a part of this Agreement.
5 3. Purpose. The purpose of this Agreement shall be as
G set forth in Section 1, above, and Article I of the By--Laws.
7 The purpose shall be accomplished- and carried ,out in the
g manner set forth in the By-Laws.
c� 4. Administration. CONFIRE, as 'established by this
10 Agreement and as governed by its By--Laws, shall be the
11 "Agency" to administer this Agreement, pursuant to joint
12 powers provisions of the Government Code of California-
13 5. Membership. Each public agency signatory to this
14 Agreement, and each additional public -agency which may
15 -hereafter sign the Agreement, is a member of the Agency and
16 is entitled to all. the rights and privileges and subject to
1i the obligations of membership, as provided in the By-Laws.
18 6. withdrawal of Membership. This Agreement shall
19 remain in full force and effect as to all member agencies for
20 a minimum of two (2) years from and -after the effective date
21 hereof. 'Thereafter, any party to this Agreement may cease to
22 be a party hereto and may withdraw from membership_ in the
231Agency upon the adoption by its legislative body of a
24 resolution of intention to withdraw and the giving of written
25 notice thereof to the Chairman of the Board of Directors of
26 the Agency and to each of the other public agencies signatory
27 3
2s
Page 55
1 to this Agreement at least one hundred eighty (18o) days prior
2 to the end of the then current fiscal year.
3 7. Powers and Debts of Authorit . Agency shall have
4 the power in its own name, to make and enter into contracts,
5 to employ agents and employees, to acquire, hold and dispose
6 of property, real and personal, to sue and be sued in its own
7 name, and to incur debts, liabilities or -obligations necessary
8 for the accomplishment of the purpose of this Agreement.
0 However, the debts, liabilities, and obligations of the Agency
10 shall not constitute any debt, liability or obligation to any
11 of the individual public agencies which are signatory to this
12 Agreement. The- Agency shall not have the power of eminent-
domain nor the oower to levy taxes, and its power generally
14 shall be subject to the restrictions applicable to the Central
15 valley Fire Protection District.
161 S. Amendment. This Agreement may -not be amended,
except written agreement of all
the parties, provided,
IS however, that the By--Laws may be amended from time to time by
10 the method and nears provided therein.
20 9. Duration of Aareement. This Agreement shall
21 continue in effect. until terminated by unanimous consent of
92 the parties or until dissolution of the Agency in the manner
23 provided in said By-Laws. Upon such termination, or
24 dissolution, the non-grant assets remaining, including any
25
surplus money, shall be disposed of in proportion to
26 contributions made. Grant funded assets shall be disposed of
27 4
21
Page 56
i Ld
1 in accordance with Federal and State regulations and
2 instructions.
3 10. Enforcement. Agency is hereby given the power to
4 enforce this Agreement. If suit is necessary to enforce any
5 of the provisions hereof, including any provision of the By-
Laws, the defaulting member shall pay reasonable attorney fees
7 to the Agency as adjudicated and determined by the-Court.
8 11. Authorization. Upon execution of this Agreement,
9 each member shall deliver to the Agency a certified copy of
10 a governing board action, resolution - or minute order
11 authorizing and directing the execution of this Agreement.
12 12. Board of Directors.
13 A. There is established a Board of Directors for the
1d Agency which shall consist of a representative of the
15 governing body of each member agency. The governing body of
16 each member agency shall designate in writing to CONFIRE, the
17 primary and alternate members to serve on the Board of
18 Directors. At its annual meeting, the Board of Directors shall
19 select one of its members to serve as Chairperson of the Board
20 until the next annual meeting. The Chairpersonship of the
21 Board of Directors shall rotate annually in a fixed sequence
22 among the members.
23 B. The Board of Directors shall have the responsibility
24 for the appointment of auditors, approval of new members, and
25 approval of the annual budget and assessment schedule of the
26 Agency, and the exercise of those powers granted to it by the
27 5
21
Page 57
1
1 By-Laws.
2 C. Each public agency which is a member of the Agency
3 shall be entitled to one (1) Director on the Board and shall
4 be entitled to one (1) vote thereon. Such one vote may be
5 cast only by the member agency's designated primary or
G alternate representative in attendance.0
7 13. Source of Fnds. . Any .contributions. of • funds by
ember agencies shall be apportioned based on the number of
0 fires in each agency's jurisdiction over the immediate
10 preceding two year period.
11 14. Accountability and Audits. The Agency shall be
12 strictly accountable for all funds and shall report all
13 rece.spts and disbursements, as required by Government Code
14 Section 6505. The Treasurer of San Bernardino County shall
15 act as treasurer and depositary for the Agency pursuant to
16 Government Code Section 6505.5, and shall handle and have
17 access to Agency property, under an official bond in an anount
1S fixed by the member agencies. The Agency shall contract for
10 a certified public accountant to perform an annual audit of
20 the- accounts and records of the Agency, and a report thereof
21 shall be filed as public record with each of the contracting
22 parties and W?th the Auditor of the Countv of San Bernardino
23 within 60 days subsequent to the end of the fiscal year under
21 examination.
25 15. Indemnification. Each party hereby agrees to
26 defend, indemnify, and hold each other party, its elected
27 6
28
Page 58
1 officials, officers, agents, and employees free and harmless
2 from any and all liability or claims for personal injury,
3 death, and property damage which may arise from the
4 indemnifying party's negligent acts or omissions under this
5 Agreement. None of the parties shall be held responsible or
6 liable to any other party for any loss, damage or delay caused
7 by accidents, strikes, lockouts, fire, flood, act of civil or
-$ military authority or by insurrection or, riot_or by any other
9 cause which is beyond its control.
10 16. Effective Date of Agreement. This Agreement shall
11 become effective upon its execution by the Cities of Colton,
12 Loma Linda, Redlands, and Rialto, the Central Valley Fire
13 Protection District and the San Bernardino County Consolidated
14 Fire Agency. Within 30 days of said date, the Agency shall
15 cause notice of this Agreement. to be filed with the Secretary
16 °f Stage of California, pursuant to Government Code section
1, 6503.5.
18 -
19
20
-21
.22
23
24
25
26
27 7
2$
11
Page 59
1 IN WITNESS WHEREOF, the undersigned public agencies have
2 set their signature on the respective dates set forth below.
3 This document may be signed in duplicate originals.
4
5` ATTEST: CITY OF -REDLANDS
A Municipal Corporation
Y Y' CGS ri
8 Ci C erk May. '
9
10 ATTEST: CITY OF LO��'s-A LINDA
A Municipal Corporation
11
12. B*Yr
13C?ty- Clerk
14
1� ATTEST: CITY OF .COLTON
A Municipal: Corporation
1G
17 By:
18 City Clerk Ma r _
19
20 ATTEST: CITY Or RIALTO
21 A Municipal Corporation
22
By:
23 - a or .
C ty lerk-
-24
25
26
27 s
28
Page 60
1 _
2 A TEST: SAN BERNARDINO COUNTY
CONSOLIDATED FIRE AGENCY
4
BY' —
-------------
5 Clerk 6� the Board of Chairman, Board of
Supervisors Supervisors of San
Bernardino County, as
6 Governing Body of San
_ Bernardino County
-Consolidated Fire Agency
$ ;N-,q ED AS TO FG M
Alan K. pf;arkS. CIID1}NTY COUNSEL
%N SEQNA NTY CALiFORNiA
CENTRAL VALLEY FIRE
10 BY �__�--- .DEPUTY PROTECTION DISTRICT
22 rtV.T'::=D T'-_.f A C;7ny vF THIS'
13 rrr4.`JT t' lLt "�:J 7C;t c tHAtP,• BY��J
Chairman, Board of
14 S, � r� ca. ;.
�,F '�k ;rl, � � r Supervisors of, San
15 q2,�cs Bernardino County, as
n Bi f w'--
ef:r� k � � - Governing Body of
16 " � -1J Central Valley Fire
E. z protection District
19
20
21 -
22
23
24
25
26
27 9
28
Page 61
EXHIBIT A
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government Code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency."
ARTICLE II
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
Page 62
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency's principal or alternative representative
shall serve until a successor is appointed by the appointing
powers. A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E. No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
Page 63
F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussion a
specific issue.
C. The date, time and location of special, and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
Page 64
ARTICLE VI
DITTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505.5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25,000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall:
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G. The Secretary shall, (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general, perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
Page 65
ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitle to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE, an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
administrative Committee shall consist of a majority of the
official .representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
Meetings of the Administrative Committee must comply with the Brown
Act.
Page 66
H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
I. The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall, as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be, responsible for functions as hereinafter set
forth.
Page 67
B. Each public agency that is a member of this Agency shall be
entitled to one (1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF COMMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters.
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
Page 68
ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forwarded the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker's compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E. Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
Page 69
G. The amount of each participant's charges shall be determined
in accordance with Paragraph H below.
H. The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by such member agency.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget.
I. The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications' duties consistent with these By-
Laws. Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws. The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
Page 70
C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al., of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) as affects employees,
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent Certified public Accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
Page 71
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal, termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV"
WITHDRAWAL TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members'
accumulated capital contribution account as shown in the
Treasurer's books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be affected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
Page 72
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS, LOANS, CHECKS AND DEPOSITS_
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
Page 73
ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
Page 74
AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE
CONFIRE JPA APPROVING A NAME CHANGE TO THE
CONSOLIDATED FIRE AGENCIES AND THE ADDITION OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A
MEMBER AGENCY
This AMENDMENT to the Joint Powers Agreement of the CONFIRE JPA dated this
3rd day of S"my-tr2013, is made by and between the member agencies that comprise the
Consolidated Fire Agencies ("CONFIRE"), a joint powers authority of the State of California,
and the Rancho Cucamonga Fire Protection District.
WHEREAS,the cities of Redlands,Loma Linda,Colton,Rialto and the San Bernardino
County Fire Protection District (formerly known as the San Bernardino County Consolidated
Fire Agency) entered into a Joint Powers Agreement on May 15, 1990,and through subsequent
programs to form the Consolidated Fire Agencies,also known as CONFIRE;and
WHEREAS,the Rancho Cucamonga Fire Protection District has approached CONFIRE
to express its interest in becoming a voting member;and
WHEREAS. Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement')
provides that each additional public agency which may hereinafter sign the Agreement is a
member of the Agency and is entitled to all the rights and privileges and subject to the
obligations of membership,as provided in the Bylaws;and
WHEREAS,Article 3 of the Bylaws states that all governmental agencies which provide
public safety services are eligible for membership in CONFIRE, provided in part that all
members of CONFIRE sign an amendment to the Joint Exercise of Powers Agreement;
WHEREAS,Article 3 fiirther states that membership shall be contingent upon execution
of the Amendment,and the payment of such new member contribution or buy-in;and
WHEREAS, pursuant to Government Code section 6500 et seq., the parties to the
Agreement desire to amend the JPA to add the Rancho Cucamonga Fire Protect District as a full
voting member of the CONFIRE;and
WHEREAS, to that end, each of the member agencies adopted the Amendment to add
the Rancho Cucamonga Fire Protection District to the Agreement;and
WHEREAS, the membership fee for Rancho Cucamonga Fire Protection District has
been determined to be FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX HUNDRED
THIRTEEN DOLLARS($420,613.00);
WHEREAS, these changes and terms are hereby accepted as demonstrated by the
execution of the written Amendment to the Agreement agreeing to the new terms as set forth
therein.
Page 75
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,the parties hereto agree as follows:
1. The Rancho Cucamonga Fire Protection District has agreed to the terms and
conditions of this Amendment. The Rancho Cucamonga Fire Protection District,
as a member of CONFIRE, further agrees to abide by any applicable CONFIRE
bylaws. The Rancho Cucamonga Fire Protection District will sign an addendum
becoming a signatory to the CONFIRE Joint Powers Agreement.
2. Upon execution of this Amendment and Addendum,the Rancho Cucamonga Fire
Protection District will become a member of the CONFIRE JPA.
3. Approve the Amendment of the CONFIRE Joint Powers Agreement attached
hereto and by this reference incorporated herein as Exhibit "A," adding the
Rancho Cucamonga Fire Protection District as a member agency of CONFIRE
upon its execution of an addendum becoming a signatory to the Agreement.
4. Approve the name change from Consolidated Fire Agencies of the East Valley to
simply the Consolidated Fire Agencies.
5. Approve the membership fee for the Rancho Cucamonga Fire Protection District
in the amount of FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX
HUNDRED THIRTEEN DOLLARS($420,613.00).
6. That the Chairperson of the Board of Directors of CONFIRE is hereby authorized
to execute the proposed addendum to the JPA on behalf of CONFIRE.
7. This Amendment may be executed in counterparts.
8. All other provisions of the Agreement are to remain unchanged.
9. This Amendment is to be effective upon execution by all parties that are currently
signatories to the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to the
CONFIRE Joint Powers Agreement to be executed and attested by their officers thereto duly
authorized as of the date first above written.
[SIGNATURES ON THE FOLLOWING PAGES]
Page 76
SIGNATURE PAGE TO THE
AMENDMENT TO THE CONFIRE JOINT POWERS AGREEMENT
ATTEST: CITY OF REDLANDS
By: By:
Sam win Pete Aguilar
City Clerk Mayor
Dated:_
ATTEST: CITY OF LOMA LINDA
By: / c — By: 2
Pamela Byrnes- '/Camb Rhodes Rigsby
City Clerk Mayor
Dated:5'--/2-,WX4
ATTEST: CITY OF COLTON
By: L
�C�,4�
Eileen Gomez Sar Zamora v
City Clerk Mayor
Dated:
ATTEST: CITY OF RIALTO
By: ci, /A� iw By:s�/ 'C2°
Barbara McGee Deborah Robe °on
City Clerk Mayor
Dated:
Page 77
SIGNATURE PAGE TO THE
AMENDMENT TO THE JOINT POWERS AGREEMENT
ATTEST: SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
By: By: lu� arlOkl
Laura H.Welch Janice utherford
Secretary of the Board of Directors Chairp son of the Board of Directors
Dated: JUL C 9 2911,
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMEN LIVERED
TO THE CHAt kL01p C,
ToURA H. oG
Secretary
liy '0 .D uty
5�
�OTFCZION O`
Page 78
ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING
THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER
AGENCY
This ADDENDUM to the JOINT POWERS AGREEMENT dated this 2day of4e—
2013, is made by and between the Consolidated Fire Agencies ("CONFIRE"), a joint powers
authority of the State of California,and the Rancho Cucamonga Fire Protection District.
WHEREAS, Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement"),
provides that each additional public agency that becomes a signatory to the Agreement shall
become a member who is entitled to all the rights and privileges and subject to the obligations of
membership,as provided in the joint powers agreement and the bylaws;and
WHEREAS, Section 8 of the Agreement provides that this Agreement may only be
amended by written agreement of all the parties;and
WHEREAS,the Rancho Cucamonga Fire Protection District desires to become a
member of CONFIRE,and
WHEREAS,all the member cities and districts of the CONFIRE JPA have unanimously
approved by resolution adding the Rancho Cucamonga Fire Protection District as its newest
member;and
WHEREAS, TO THAT END, the Board of Directors of the Rancho Cucamonga Fire
Protection District has agreed to the District becoming a signatory to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,the parties hereto agree as follows:
1. The Rancho Cucamonga Fire Protection District agrees to the terms and
conditions of the Agreement incorporated herein by reference as Exhibit"A"and
any amendments thereto.
2. The Rancho Cucamonga Fire Protection District further agrees to abide by the
CONFIRE bylaws incorporated herein by reference as Exhibit "B" and any
amendments thereto.
3. Upon execution of this Addendum to the Agreement,the Rancho Cucamonga Fire
Protection District will become a member of the CONFIRE,and will add itself as
a signatory to the Agreement by executing Exhibit"C".
4. This Addendum shall become effective upon the execution of the signatory page.
[SIGNATURES ON FOLLOWING PAGE]
99999.9135M8164272.1
Page 79
ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING
THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER
AGENCY
CONFIRE,a California joint powers RANCHO CUCAMONGA FIRE
authority PROTECTION DISTRICT
BY: I2 �— { BY: 4Bc6f
'i
Dr.Rhodes Rigsby Pres' eDirectow, w
Chairperson
ATTEST: .'
ATTEST
BY:
BY: � Secretary
Rick Britt
Secretary of CONFIRE
99999.91354\8164272.1
Page 80
Exhibit"A"
Joint Powers Agreement
[Attached Behind This Page]
99999.91354\8164272.1
Page 81
I
1 JOINT POWERS AGREEMENT
2
THIS AGREEMENT is entered into by and between the public
hereinafter called "public
3 agencies signatory hereto,
4 agencies."
WITHESSETH:
6 WHEREAS, the signatories herein have determined that
-7 there is a need by public agencies within the East End cities
_ _
CO
California, to establish a regional
g of San Bernardino
9 fire agency to best serve the needs of all the citizens of
20 said public agencies; and,
11 WHEREAS, said public agencies have heretofore determined
that the interests of the citizens_ of each of said public
12 public
. agencies can best be served by the coordinated useof
13 safety radio channels and centralized regional co npute aided
1�
15 communications system; and,
16 WHEREAS, said public agencies recognize the mutual
for the development,
17
benefit of a centralized joint effort
1S t operation and maintenance or
implementation, and subsequen "
19 �such a centralized system; and,
20
WHEREAS, said public agencies desire to centralize and
21 provide safety communication operations; and,
22 WHEREAS, said public agencies have heretofore determined
23 that it is desirable and necessary to collectively direct the
24 management policies and operational practices of said regional
2- fire agency; and,
ost of developing, -operating and
26 WHEREAS, the c
27 1
2S
Page 82
1 maintaining said centralized systems is more cost effective
2 to such public agencies; and,
3 WHEREAS, said public agencies operate a cooperative
d program of fire protection and related functions that are
5 mutually agreed upon; and,
G WHEREAS, Title 1, Division 7, Chapter 5 of the Government
7 Cade of the State of California authorizes public agencies to
g enter into an agreement for the joint exercise of any-power
g common to them; and,
10 WHEREAS-, these public agencies possess the power to
11 consolidate public safety communications and operational
12 programs by the execution and implementation of this
13 Agreement.
14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL
15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND
17 BETWEEN THE PARTIES HERETO AS FOLLOWS:
IS 1. Agency Established. Pursuant to the joint powers
1J authorization of the California Government Code, the
20 undersigned 'do hereby federate together in a cooperative
t and mutual operation of a centralized
21 agency for the join
22 public 'safety communication agency and a cooperative program
23 of fire protection and related functions, to be known as the
24 Consolidated Fire Agencies of the East Valley, hereinafter
25 designated as °CONFIRE," which shall be a public entity
26 separate from the parties to the Agreement.
27 a
28
Page 83
1 2. By-Laws. The Agency shall be subject to, and shall
2 be governed by, those certain By-Laws, a copy of which is
3 attached hereto, marked Exhibit "A" and by this reference made
4 a part of this Agreement.
5 3. Purpose. The purpose of this Agreement shall be as
G set forth in Section 1, above, and Article I of the By--Laws.
7 The purpose shall be accomplished- and carried ,out in the
g manner set forth in the By-Laws.
c� 4. Administration. CONFIRE, as 'established by this
10 Agreement and as governed by its By--Laws, shall be the
11 "Agency" to administer this Agreement, pursuant to joint
12 powers provisions of the Government Code of California-
13 5. Membership. Each public agency signatory to this
14 Agreement, and each additional public -agency which may
15 •hereafter sign the Agreement, is a member of the Agency and
16 is entitled to all. the rights and privileges and subject to
1i the obligations of membership, as provided in the By-Laws.
18 6. withdrawal of Membership. This Agreement shall
19 remain in full force and effect as to all member agencies for
20 a minimum of two (2) years from and -after the effective date
21 hereof. 'Thereafter, any party to this Agreement may cease to
22 be a party hereto and may withdraw from membership_ in the
231Agency upon the adoption by its legislative body of a
24 resolution of intention to withdraw and the giving of written
25 notice thereof to the Chairman of the Board of Directors of
26 the Agency and to each of the other public agencies signatory
27 3
2s
Page 84
1 to this Agreement at least one hundred eighty (18o) days prior
2 to the end of the then current fiscal year.
3 7. Powers and Debts of Authorit . Agency shall have
4 the power in its own name, to make and enter into contracts,
5 to employ agents and employees, to acquire, hold and dispose
G of property, real and personal, to sue and be sued in its own
7 name, and to incur debts, liabilities or -obligations necessary
8 for the accomplishment of the purpose of this Agreement.
0 However, the debts, liabilities, and obligations of the Agency
10 shall not constitute any debt, liability or obligation to any
11 of the individual public agencies which are signatory to this
12 Agreement. The- Agency shall not have the power of eminent-
domain nor the oower to levy taxes, and its power generally
14 shall be subject to the restrictions applicable to the Central
15 valley Fire Protection District.
161 S. Amendment. This Agreement may -not be amended,
except written agreement of all
the parties, provided,
IS however, that the By--Laws may be amended from time to time by
10 the method and nears provided therein.
20 9. Duration of Aareement. This Agreement shall
21 continue in effect. until terminated by unanimous consent of
92 the parties or until dissolution of the Agency in the manner
23 provided in said By-Laws. Upon such termination, or
24 dissolution, the non-grant assets remaining, including any
25
surplus money, shall be disposed of in proportion to
26 contributions made. Grant funded assets shall be disposed of
27 4
21
Page 85
i Ld
1 in accordance with Federal and State regulations and
2 instructions.
3 10. Enforcement. Agency is hereby given the power to
4 enforce this Agreement. If suit is necessary to enforce any
5 of the provisions hereof, including any provision of the By-
Laws, the defaulting member shall pay reasonable attorney fees
7 to the Agency as adjudicated and determined by the-Court.
8 11. Authorization. Upon execution of this Agreement,
9 each member shall deliver to the Agency a certified copy of
10 a governing board action, resolution - or minute order
11 authorizing and directing the execution of this Agreement.
12 12. Board of Directors.
13 A. There is established a Board of Directors for the
1d Agency which shall consist of a representative of the
15 governing body of each member agency. The governing body of
16 each member agency shall designate in writing to CONFIRE, the
17 primary and alternate members to serve on the Board of
18 Directors. At its annual meeting, the Board of Directors shall
19 select one of its members to serve as Chairperson of the Board
20 until the next annual meeting. The Chairpersonship of the
21 Board of Directors shall rotate annually in a fixed sequence
22 among the members.
23 B. The Board of Directors shall have the responsibility
24 for the appointment of auditors, approval of new members, and
25 approval of the annual budget and assessment schedule of the
26 Agency, and the exercise of those powers granted to it by the
27 5
21
Page 86
1
1 By-Laws.
2 C. Each public agency which is a member of the Agency
3 shall be entitled to one (1) Director on the Board and shall
4 be entitled to one (1) vote thereon. Such one vote may be
5 cast only by the member agency's designated primary or
G alternate representative in attendance.0
7 13. Source of Fnds. . Any .contributions. of • funds by
ember agencies shall be apportioned based on the number of
0 fires in each agency's jurisdiction over the immediate
10 preceding two year period.
11 14. Accountability and Audits. The Agency shall be
12 strictly accountable for all funds and shall report all
13 rece.spts and disbursements, as required by Government Code
14 Section 6505. The Treasurer of San Bernardino County shall
15 act as treasurer and depositary for the Agency pursuant to
16 Government Code Section 6505.5, and shall handle and have
17 access to Agency property, under an official bond in an anount
1S fixed by the member agencies. The Agency shall contract for
10 a certified public accountant to perform an annual audit of
20 the- accounts and records of the Agency, and a report thereof
21 shall be filed as public record with each of the contracting
22 parties and W?th the Auditor of the Countv of San Bernardino
23 within 60 days subsequent to the end of the fiscal year under
21 examination.
25 15. Indemnification. Each party hereby agrees to
26 defend, indemnify, and hold each other party, its elected
27 6
28
Page 87
1 officials, officers, agents, and employees free and harmless
2 from any and all liability or claims for personal injury,
3 death, and property damage which may arise from the
4 indemnifying party's negligent acts or omissions under this
5 Agreement. None of the parties shall be held responsible or
6 liable to any other party for any loss, damage or delay caused
7 by accidents, strikes, lockouts, fire, flood, act of civil or
-8 military authority or by insurrection or, riot_or by any other
9 cause which is beyond its control.
10 16. Effective Date of Agreement. This Agreement shall
11 become effective upon its execution by the Cities of Colton,
12 Loma Linda, Redlands, and Rialto, the Central Valley Fire
13 Protection District and the San Bernardino County Consolidated
14 Fire Agency. Within 30 days of said date, the Agency shall
15 cause notice of this Agreement. to be filed with the Secretary
16 °f Stage of California, pursuant to Government Code section
1, 6503.5.
18 -
19
20
-21
.22
23
24
25
26
27 7
2$
11
Page 88
1 IN WITNESS WHEREOF, the undersigned public agencies have
2 set their signature on the respective dates set forth below.
3 This document may be signed in duplicate originals.
4
5` ATTEST: CITY OF -REDLANDS
A Municipal Corporation
Y Y' CGS ri
8 Ci C erk May. '
9
10 ATTEST: CITY OF LO��'s-A LINDA
A Municipal Corporation
11
12. B*Yr
13C?ty- Clerk
14
1� ATTEST: CITY OF .COLTON
A Municipal: Corporation
1G
17 By:
18 City Clerk Ma r _
19
20 ATTEST: CITY Or RIALTO
21 A Municipal Corporation
22
By:
23 - a or .
C ty lerk-
-24
25
26
27 s
28
Page 89
1 _
2 A TEST: SAN BERNARDINO COUNTY
CONSOLIDATED FIRE AGENCY
4
BY' —
-------------
5 Clerk 6� the Board of Chairman, Board of
Supervisors Supervisors of San
Bernardino County, as
6 Governing Body of San
_ Bernardino County
-Consolidated Fire Agency
$ ;N-,q ED AS TO FG M
9 Alan K. pf;arkS. CIID1}NTY COUNSEL
%N SEQNA NTY CALiFORNiA
CENTRAL VALLEY FIRE
10 BY �__�--- .DEPUTY PROTECTION DISTRICT
22 rtV.T'::=D T'-_.f A C;7ny vF THIS'
13 rrr4.`JT t' lLt "�:J 7C;t c tHAtP,• BY��J
Chairman, Board of
14 S, � r� ca. ;.
�,F '�k ;rl, � � r Supervisors of, San
15 q2,�cs Bernardino County, as
n Bi f w'--
ef:r� k � � - Governing Body of
16 " � -1J Central Valley Fire
E. z protection District
19
20
21 -
22
23
24
25
26
27 9
28
Page 90
EXHIBIT A
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government Code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency."
ARTICLE II
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
Page 91
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency's principal or alternative representative
shall serve until a successor is appointed by the appointing
powers. A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E. No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
Page 92
F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussion a
specific issue.
C. The date, time and location of special, and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
Page 93
ARTICLE VI
DITTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505.5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25,000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall:
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G. The Secretary shall, (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general, perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
Page 94
ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitle to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE, an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
administrative Committee shall consist of a majority of the
official .representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
Meetings of the Administrative Committee must comply with the Brown
Act.
Page 95
H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
I. The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall, as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be, responsible for functions as hereinafter set
forth.
Page 96
B. Each public agency that is a member of this Agency shall be
entitled to one (1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF COMMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters.
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
Page 97
ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forwarded the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker's compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E. Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
Page 98
G. The amount of each participant's charges shall be determined
in accordance with Paragraph H below.
H. The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by such member agency.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget.
I. The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications' duties consistent with these By-
Laws. Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws. The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
Page 99
C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al., of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) as affects employees,
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent Certified public Accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
Page 100
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal, termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV"
WITHDRAWAL TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members'
accumulated capital contribution account as shown in the
Treasurer's books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be affected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
Page 101
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS, LOANS, CHECKS AND DEPOSITS_
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
Page 102
ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
Page 103
Exhibit"B"
Bylaws
[Attached Behind This Page]
99999.91354\8164272.1
Page104
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency,"
ARTICLE TI
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
Page 105
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency's principal or alternative representative
shall serve until a successor is appointed by the appointing
powers. A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E. No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
Page 106
F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussion a
specific issue.
C. The date, time and location of special, and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
Page 107
ARTICLE VI
DITTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505.5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25,000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall:
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G. The Secretary shall, (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general, perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
Page 108
ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitle to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE, an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
administrative Committee shall consist of a majority of the
official .representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
Meetings of the Administrative Committee must comply with the Brown
Act.
Page 109
H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
I. The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall, as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be, responsible for functions as hereinafter set
forth.
Page 110
B. Each public agency that is a member of this Agency shall be
entitled to one (1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF COMMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters.
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
Page 111
ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forwarded the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker's compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E. Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
Page 112
G. The amount of each participant's charges shall be determined
in accordance with Paragraph H below.
H. The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by such member agency.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget.
I. The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications' duties consistent with these By-
Laws. Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws. The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
Page 113
C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al., of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) as affects employees,
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent Certified public Accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
Page 114
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal, termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV"
WITHDRAWAL TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members'
accumulated capital contribution account as shown in the
Treasurer's books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be affected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
Page 115
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS, LOANS, CHECKS AND DEPOSITS_
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
Page 116
ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
Page 117
Exhibit"C"
Signatory Page to the CONF=,point Powers Agreement
[Attached Behind This Page]
99999.91354\8164272.1
Page 118
ADDENDUM TO JOINT POWERS AGREEMENT
(CONFIRE)
ATTEST: Rancho Cucamonga Fire Protection District
Se etary ' Pr�sen, oard o it,tors
/7-/3
Date
99999.91354\8164272.1
Page 119
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
This Seoond Amendment("Amendment")to the Joint Powers Agreement of the Consolidated
Fire Agencies,a joint powers authority of the State of California("CONFIRE"), dated.this 101h
day of September,2019,is made by and between.City of Redlands,City of Loma Linda,City of
Colton,City of Rialto,Rancho Cucamonga Fire Protection District,San Bernardino County Fire
Protection District(collectively,the"Existing Member Agencies"),the Chino Valley Independent
Fire District,a fire protection district duly authorized and existing under Health&Safety Code§
13800 et seq.("Chino Valley")and Apple Valley Fire Protection District,a fire protection district
duly authorized and existing under Health&Safety Code§ 13800 et seq. ("Apple Valley")(the
Existing Member Agencies,chino valley,and Apple Valley may be collectively referred to herein
as the"Parties").
WHEREAS,the Existing:Member Agencies are parties to a joint powers agreemem establishing
CONFIRE pursuant to Section 6500 at seq. of the Government Code,as set forth in AV=& 1
("Original JPA")and AZI ("First Amendment to JPA")(collectively,the"Existing JPA!J.
WHEREAS,the Existing Member Agencies,Chino Valley,and.Apple Valley desire to amend the
Existing JPA to:
1. admit Chino Valley as a party to and a member of CONFIRE on the condition that Chino
Valley pay the Required Buy-In in the amount of Four Hundred Twelve Thousand Four
Hundred red Twenty-Three Dollars($412,423.00) to CONFIRE on or before December 31,
2019;and
2. admit Apple Valley as a party and a member of CONFIRE on the condition that Apple
Valley pay an initial installment of a Required Buy-In to CONFIRE in the amount of
Eighty-One Thousand Two Hunk Sixty-Seven Dollars ($81,267.00) on or before
December 31,2019 and agrees to pay four(4)equal subsequent amual instalimenu of a
Required Buy-In to CONFM concluding on or before December 31,2024 of Eighty-One
Thousand Two Hundred Shay-Seven Dollars($81,267.00),for a total Rimed Buy-in of
Four Hundred Six Thousand Three Hundred Thirty-Six Dollars($406,336.00).
NOW,THEREFORE,in consideration of the mutual promises and covenants herein contained,
the parties hereto agree as follows:
1. The Parties hereby amend the Existing JPA to add Chino Valley as a Party and Apple
Valley as a Party.
2. This Amendment is effective upon
a. full execution by the Parties;
Page 120
b. Chino Valley's payment of the Required Buy-In in the amount of Four Hundred
Twelve Thousand Four Hundred Twenty-Three Dollars ($412,423.00) to
CONFIRE on or before December 31,2019;and
C. Apple Valley's payment of an initial installment of a Required Buy-In to CONFIFtE
in the amount of Eighty-One Thousand Two Hundred Sixty-Seven Dollars
($81,267.00)on or before December 31,2019,and agreement to pay four(4)equal
subsequent annual installments of a Required Buy-In to CONFIRE concluding on
or before December 31,2024 of Eighty-One Thousand Two Hundred Sixty-Seven
Dollars($81,267.00),for a total Required Buy-In of Four Hundred Six Thousand
Three Hundred Thirty-Six Dollars($406,336.00).
3. This Amendment may be executed in counterparts.
4. All other provisions of the Existing JPA are to remain unchanged.
IN WITNESS WHEREOF,the Parties have caused this Amendment to be executed and attested
by their duly authorized officers as of the date written above.
[SIGNATURES ON PAGES 3 AND 41
Page 121
SIGNATURES TO
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
ATTEST: CITY OF REDLANDS _
ame: Name:Paul Foster
Title: __ ry el _ Title: Mayor EO
Dated: I0Aq
ATTEST: CITY OF LOMA LINDA
By: MOO,&1t4/j9 By:
Name: -use �r Name:Dn Rhodes Rigs,y
Title: 9�,c c—- c s±' -- Title: Mayor
Dated: lb 13t t i q
ATTEST: CITY OF COLTON
BY ,a�,,_., _ By:
Name: 1 k._�''+�1 t k cwXZ Name:Bill Smith
Title: 5"c,Y.�(�L,6+k 'Tale: City Manager
Dated: In
ATTEST: CITY OF RIALTO
�j
Name: V 11&qi r Nafne:Brian Park
Title: '., ' `�' a'` Title: Interim Fire Chief
Dated: 1 r
ATTEST: RANCHO CUCAMONGA FIRE
PROTECT ION DISTRICT
-------
ame: c, Name:L.Dennis Michael
Title- Title: President
Dated: ...
ooLUM.1
3
Page122
SIGNATURE9 TO
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
(continued)
ATTEST: SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
Bar, By.
Name: rpe�Tra7p�—
c+ .��rna
Title: a6cctev-t- Title: Interim Fire Chief
Dated: Io- a 0L--(.1
ATTEST: APPLE VALLEY FIRE PROTECTION
DISTRICT
By: _ ___-- By:
e4�
-Name: _ N C Giglotti
'eTitle:Dated:
ATTEST: CHINO VALLEY INDEPENDENT FIRE
DISTRICT
By. By-
Name:Tim 1�hacckc ford
Title: .;_ � �-e 1 � Title: Firy Chief 1
Dated: 2 r.
0012034.1
4
Page 123
Appendix 1
to Second Amendment to Joint Powers Agreement
[Original Joint Powers Agreement]
00119668.1
Page 124
I
1 JOINT POWERS AGREEMENT
2
THIS AGREEMENT is entered into by and between the public
hereinafter called "public
3 agencies signatory hereto,
4 agencies."
WITHESSETH:
5 WHEREAS, the signatories herein have determined that
-7 there is a need by public agencies within the East End cities
_ _
CO
California, to establish a regional
g of San Bernardino
9 fire agency to best serve the needs of all the citizens of
20 said public agencies; and,
11 WHEREAS, said public agencies have heretofore determined
that the interests of the citizens_ of each of said public
12 public
. agencies can best be served by the coordinated useof
13 safety radio channels and centralized regional co npute aided
1�
15 communications system; and,
16 WHEREAS, said public agencies recognize the mutual
for the development,
17
benefit of a centralized joint effort
1S t operation and maintenance or
implementation, and subsequen "
19 �such a centralized system; and,
20
WHEREAS, said public agencies desire to centralize and
21 provide safety communication operations; and,
22 WHEREAS, said public agencies have heretofore determined
23 that it is desirable and necessary to collectively direct the
24 management policies and operational practices of said regional
2- fire agency; and,
ost of developing, -operating and
26 WHEREAS, the c
27 1
2S
00119669.1
Page125
1 maintaining said centralized systems is more cost effective
2 to such public agencies; and,
3 WHEREAS, said public agencies operate a cooperative
d program of fire protection and related functions that are
5 mutually agreed upon; and,
G WHEREAS, Title 1, Division 7, Chapter 5 of the Government
7 Cade of the State of California authorizes public agencies to
g enter into an agreement for the joint exercise of any-power
g common to them; and,
10 WHEREAS-, these public agencies possess the power to
11 consolidate public safety communications and operational
12 programs by the execution and implementation of this
13 Agreement.
14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL
15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND
17 BETWEEN THE PARTIES HERETO AS FOLLOWS:
IS 1. Agency Established. Pursuant to the joint powers
1J authorization of the California Government Code, the
20 undersigned 'do hereby federate together in a cooperative
t and mutual operation of a centralized
21 agency for the join
22 public 'safety communication agency and a cooperative program
23 of fire protection and related functions, to be known as the
24 Consolidated Fire Agencies of the East Valley, hereinafter
25 designated as °CONFIRE," which shall be a public entity
26 separate from the parties to the Agreement.
27 a
28
00119669.1
Page 126
1 2. By-Laws. The Agency shall be subject to, and shall
2 be governed by, those certain By-Laws, a copy of which is
3 attached hereto, marked Exhibit "A" and by this reference made
4 a part of this Agreement.
5 3. Purpose. The purpose of this Agreement shall be as
G set forth in Section 1, above, and Article I of the By--Laws.
7 The purpose shall be accomplished- and carried ,out in the
g manner set forth in the By-Laws.
c� 4. Administration. CONFIRE, as 'established by this
10 Agreement and as governed by its By--Laws, shall be the
11 "Agency" to administer this Agreement, pursuant to joint
12 powers provisions of the Government Code of California-
13 5. Membership. Each public agency signatory to this
14 Agreement, and each additional public -agency which may
15 •hereafter sign the Agreement, is a member of the Agency and
16 is entitled to all. the rights and privileges and subject to
1i the obligations of membership, as provided in the By-Laws.
18 6. withdrawal of Membership. This Agreement shall
19 remain in full force and effect as to all member agencies for
20 a minimum of two (2) years from and -after the effective date
21 hereof. 'Thereafter, any party to this Agreement may cease to
22 be a party hereto and may withdraw from membership_ in the
231Agency upon the adoption by its legislative body of a
24 resolution of intention to withdraw and the giving of written
25 notice thereof to the Chairman of the Board of Directors of
26 the Agency and to each of the other public agencies signatory
27 3
2s
00119669.1
Page 127
1 to this Agreement at least one hundred eighty (18o) days prior
2 to the end of the then current fiscal year.
3 7. Powers and Debts of Authorit . Agency shall have
4 the power in its own name, to make and enter into contracts,
5 to employ agents and employees, to acquire, hold and dispose
G of property, real and personal, to sue and be sued in its own
7 name, and to incur debts, liabilities or -obligations necessary
8 for the accomplishment of the purpose of this Agreement.
0 However, the debts, liabilities, and obligations of the Agency
10 shall not constitute any debt, liability or obligation to any
11 of the individual public agencies which are signatory to this
12 Agreement. The- Agency shall not have the power of eminent-
domain nor the oower to levy taxes, and its power generally
14 shall be subject to the restrictions applicable to the Central
15 valley Fire Protection District.
161 S. Amendment. This Agreement may -not be amended,
except written agreement of all
the parties, provided,
IS however, that the By--Laws may be amended from time to time by
10 the method and nears provided therein.
20 9. Duration of Aareement. This Agreement shall
21 continue in effect. until terminated by unanimous consent of
92 the parties or until dissolution of the Agency in the manner
23 provided in said By-Laws. Upon such termination, or
24 dissolution, the non-grant assets remaining, including any
25
surplus money, shall be disposed of in proportion to
26 contributions made. Grant funded assets shall be disposed of
27 4
21
00119669.1
Page 128
i Ld
1 in accordance with Federal and State regulations and
2 instructions.
3 10. Enforcement. Agency is hereby given the power to
4 enforce this Agreement. If suit is necessary to enforce any
5 of the provisions hereof, including any provision of the By-
Laws, the defaulting member shall pay reasonable attorney fees
7 to the Agency as adjudicated and determined by the-Court.
8 11. Authorization. Upon execution of this Agreement,
9 each member shall deliver to the Agency a certified copy of
10 a governing board action, resolution - or minute order
11 authorizing and directing the execution of this Agreement.
12 12. Board of Directors.
13 A. There is established a Board of Directors for the
1d Agency which shall consist of a representative of the
15 governing body of each member agency. The governing body of
16 each member agency shall designate in writing to CONFIRE, the
17 primary and alternate members to serve on the Board of
18 Directors. At its annual meeting, the Board of Directors shall
19 select one of its members to serve as Chairperson of the Board
20 until the next annual meeting. The Chairpersonship of the
21 Board of Directors shall rotate annually in a fixed sequence
22 among the members.
23 B. The Board of Directors shall have the responsibility
24 for the appointment of auditors, approval of new members, and
25 approval of the annual budget and assessment schedule of the
26 Agency, and the exercise of those powers granted to it by the
27 5
21
00119669.1
Page 129
1
1 By-Laws.
2 C. Each public agency which is a member of the Agency
3 shall be entitled to one (1) Director on the Board and shall
4 be entitled to one (1) vote thereon. Such one vote may be
5 cast only by the member agency's designated primary or
G alternate representative in attendance.0
7 13. Source of Fnds. . Any .contributions. of • funds by
ember agencies shall be apportioned based on the number of
0 fires in each agency's jurisdiction over the immediate
10 preceding two year period.
11 14. Accountability and Audits. The Agency shall be
12 strictly accountable for all funds and shall report all
13 rece.spts and disbursements, as required by Government Code
14 Section 6505. The Treasurer of San Bernardino County shall
15 act as treasurer and depositary for the Agency pursuant to
16 Government Code Section 6505.5, and shall handle and have
17 access to Agency property, under an official bond in an anount
1S fixed by the member agencies. The Agency shall contract for
10 a certified public accountant to perform an annual audit of
20 the- accounts and records of the Agency, and a report thereof
21 shall be filed as public record with each of the contracting
22 parties and W?th the Auditor of the Countv of San Bernardino
23 within 60 days subsequent to the end of the fiscal year under
21 examination.
25 15. Indemnification. Each party hereby agrees to
26 defend, indemnify, and hold each other party, its elected
27 6
28
00119669.1
Page 130
1 officials, officers, agents, and employees free and harmless
2 from any and all liability or claims for personal injury,
3 death, and property damage which may arise from the
4 indemnifying party's negligent acts or omissions under this
5 Agreement. None of the parties shall be held responsible or
6 liable to any other party for any loss, damage or delay caused
7 by accidents, strikes, lockouts, fire, flood, act of civil or
-8 military authority or by insurrection or, riot_or by any other
9 cause which is beyond its control.
10 16. Effective Date of Agreement. This Agreement shall
11 become effective upon its execution by the Cities of Colton,
12 Loma Linda, Redlands, and Rialto, the Central Valley Fire
13 Protection District and the San Bernardino County Consolidated
14 Fire Agency. Within 30 days of said date, the Agency shall
15 cause notice of this Agreement. to be filed with the Secretary
16 °f Stage of California, pursuant to Government Code section
1, 6503.5.
18 -
19
20
-21
.22
23
24
25
26
27 7
2$
11
00119668.1
Page 131
1 IN WITNESS WHEREOF, the undersigned public agencies have
2 set their signature on the respective dates set forth below.
3 This document may be signed in duplicate originals.
4
5` ATTEST: CITY OF -REDLANDS
A Municipal Corporation
Y Y' CGS ri
8 Ci C erk May. '
9
10 ATTEST: CITY OF LO��'s-A LINDA
A Municipal Corporation
11
12. B*Yr
13C?ty- Clerk
14
1� ATTEST: CITY OF .COLTON
A Municipal: Corporation
1G
17 By:
18 City Clerk Ma r _
19
20 ATTEST: CITY Or RIALTO
21 A Municipal Corporation
22
By:
23 - a or .
C ty lerk-
-24
25
26
27 s
28
00119668.1
Page 132
1 _
2 A TEST: SAN BERNARDINO COUNTY
CONSOLIDATED FIRE AGENCY
4
BY' —
-------------
5 Clerk 6� the Board of Chairman, Board of
Supervisors Supervisors of San
Bernardino County, as
6 Governing Body of San
_ Bernardino County
-Consolidated Fire Agency
$ ;N-,q ED AS TO FG M
9 Alan K. pf;arkS. CIID1}NTY COUNSEL
%N SEQNA NTY CALiFORNiA
CENTRAL VALLEY FIRE
10 BY �__�--- .DEPUTY PROTECTION DISTRICT
22 rtV.T'::=D T'-_.f A C;7ny vF THIS'
13 rrr4.`JT t' lLt "�:J 70;t c tHAtP,• BY��J
Chairman, Board of
14 S, � r� ca. ;.
�,F '�k ;rl, � � r Supervisors of, San
15 q2,�cs Bernardino County, as
n Bi f w'--
ef:r� k � � - Governing Body of
16 " � -1J Central Valley Fire
E. z protection District
19
20
21 -
22
23
24
25
26
27 9
28
00119668.1
Page133
EXHIBIT A
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government Code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency."
ARTICLE II
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
00119668.1
Page 134
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency's principal or alternative representative
shall serve until a successor is appointed by the appointing
powers. A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E. No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
00119668.1
Page135
F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussion a
specific issue.
C. The date, time and location of special, and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
00119668.1
Page 136
ARTICLE VI
DITTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505.5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25,000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall:
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G. The Secretary shall, (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general, perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
00119669.1
Page 137
ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitle to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE, an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
administrative Committee shall consist of a majority of the
official .representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
Meetings of the Administrative Committee must comply with the Brown
Act.
00119669.1
Page 138
H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
I. The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall, as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be, responsible for functions as hereinafter set
forth.
00119669.1
Page 139
B. Each public agency that is a member of this Agency shall be
entitled to one (1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF C0MMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters.
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
00119669.1
Page 140
ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forwarded the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker's compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E. Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
00119668.1
Page 141
G. The amount of each participant's charges shall be determined
in accordance with Paragraph H below.
H. The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by such member agency.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget.
I. The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications' duties consistent with these By-
Laws. Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws. The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
00119668.1
Page 142
C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al., of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) as affects employees,
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent Certified public Accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
00119669.1
Page143
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal, termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV"
WITHDRAWAL TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members'
accumulated capital contribution account as shown in the
Treasurer's books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be affected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
00119668.1
Page 144
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS, LOANS, CHECKS AND DEPOSITS_
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
00119669.1
Page145
ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
00119668.1
Page 146
Appendix 2
To Second Amended Joint Powers Agreement
00119668.1
Page 147
[First Amendment to Joint Powers Agreement]
00119668.1
Page 148
AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE
CONFIRE JPA APPROVING A NAME CHANGE TO THE
CONSOLIDATED FIRE AGENCIES AND THE ADDITION OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A
MEMBER AGENCY
This AMENDMENT to the Joint Powers Agreement of the CONFIRE JPA dated this
3rd day of S"my-tr2013, is made by and between the member agencies that comprise the
Consolidated Fire Agencies ("CONFIRE"), a joint powers authority of the State of California,
and the Rancho Cucamonga Fire Protection District.
WHEREAS,the cities of Redlands,Loma Linda,Colton,Rialto and the San Bernardino
County Fire Protection District (formerly known as the San Bernardino County Consolidated
Fire Agency) entered into a Joint Powers Agreement on May 15, 1990,and through subsequent
programs to form the Consolidated Fire Agencies,also known as CONFIRE;and
WHEREAS,the Rancho Cucamonga Fire Protection District has approached CONFIRE
to express its interest in becoming a voting member;and
WHEREAS. Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement')
provides that each additional public agency which may hereinafter sign the Agreement is a
member of the Agency and is entitled to all the rights and privileges and subject to the
obligations of membership,as provided in the Bylaws;and
WHEREAS,Article 3 of the Bylaws states that all governmental agencies which provide
public safety services are eligible for membership in CONFIRE, provided in part that all
members of CONFIRE sign an amendment to the Joint Exercise of Powers Agreement;
WHEREAS,Article 3 fiirther states that membership shall be contingent upon execution
of the Amendment,and the payment of such new member contribution or buy-in;and
WHEREAS, pursuant to Government Code section 6500 et seq., the parties to the
Agreement desire to amend the JPA to add the Rancho Cucamonga Fire Protect District as a full
voting member of the CONFIRE;and
WHEREAS, to that end, each of the member agencies adopted the Amendment to add
the Rancho Cucamonga Fire Protection District to the Agreement;and
WHEREAS, the membership fee for Rancho Cucamonga Fire Protection District has
been determined to be FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX HUNDRED
THIRTEEN DOLLARS($420,613.00);
WHEREAS, these changes and terms are hereby accepted as demonstrated by the
execution of the written Amendment to the Agreement agreeing to the new terms as set forth
therein.
00119668.1
Page 149
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,the parties hereto agree as follows:
1. The Rancho Cucamonga Fire Protection District has agreed to the terms and
conditions of this Amendment. The Rancho Cucamonga Fire Protection District,
as a member of CONFIRE, further agrees to abide by any applicable CONFIRE
bylaws. The Rancho Cucamonga Fire Protection District will sign an addendum
becoming a signatory to the CONFIRE Joint Powers Agreement.
2. Upon execution of this Amendment and Addendum,the Rancho Cucamonga Fire
Protection District will become a member of the CONFIRE JPA.
3. Approve the Amendment of the CONFIRE Joint Powers Agreement attached
hereto and by this reference incorporated herein as Exhibit "A," adding the
Rancho Cucamonga Fire Protection District as a member agency of CONFIRE
upon its execution of an addendum becoming a signatory to the Agreement.
4. Approve the name change from Consolidated Fire Agencies of the East Valley to
simply the Consolidated Fire Agencies.
5. Approve the membership fee for the Rancho Cucamonga Fire Protection District
in the amount of FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX
HUNDRED THIRTEEN DOLLARS($420,613.00).
6. That the Chairperson of the Board of Directors of CONFIRE is hereby authorized
to execute the proposed addendum to the JPA on behalf of CONFIRE.
7. This Amendment may be executed in counterparts.
8. All other provisions of the Agreement are to remain unchanged.
9. This Amendment is to be effective upon execution by all parties that are currently
signatories to the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to the
CONFIRE Joint Powers Agreement to be executed and attested by their officers thereto duly
authorized as of the date first above written.
[SIGNATURES ON THE FOLLOWING PAGES]
00119668.1
Page 150
SIGNATURE PAGE TO THE
AMENDMENT TO THE CONFIRE JOINT POWERS AGREEMENT
ATTEST: CITY OF REDLANDS
By: By:
Sam win Pete Aguilar
City Clerk Mayor
Dated:_
ATTEST: CITY OF LOMA LINDA
By: / c — By: 2
Pamela Byrnes- '/Camb Rhodes Rigsby
City Clerk Mayor
Dated:5'--/2-,WX4
ATTEST: CITY OF COLTON
By: L
�C�,4�
Eileen Gomez Sar Zamora v
City Clerk Mayor
Dated:
ATTEST: CITY OF RIALTO
By: ci, /A� iw By:s�/ 'C2°
Barbara McGee Deborah Robe °on
City Clerk Mayor
Dated:
00119668.1
Page 151
SIGNATURE PAGE TO THE
AMENDMENT TO THE JOINT POWERS AGREEMENT
ATTEST: SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
By: By: lu� arlOkl
Laura H.Welch Janice utherford
Secretary of the Board of Directors Chairp son of the Board of Directors
Dated: JUL C 9 2911,
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMEN LIVERED
TO THE CHAt kL01p C,
ToURA H. oG
Secretary
liy '0 .D uty
5�
�OTFCZION O`
00119669.1
Page 152
[Addendum to the Joint Powers Agreement]
00119668.1
Page153
ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING
THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER
AGENCY
This ADDENDUM to the JOINT POWERS AGREEMENT dated this day of42L_,
2013, is made by and between the Consolidated Fire Agencies ("CONFJRE"), a joint powers
authority of the State of California,and the Rancho Cucamonga Fire Protection District.
WHEREAS, Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement"),
provides that each additional public agency that becomes a signatory to the Agreement shall
become a member who is entitled to all the rights and privileges and subject to the obligations of
membership,as provided in the joint powers agreement and the bylaws;and
WHEREAS, Section 8 of the Agreement provides that this Agreement may only be
amended by written agreement of all the parties;and
WHEREAS,the Rancho Cucamonga Fire Protection District desires to become a
member of CONFIRE,and
WHEREAS,all the member cities and districts of the CONFINE JPA have unanimously
approved by resolution adding the Rancho Cucamonga Fire Protection District as its newest
member;and
WHEREAS, TO THAT END, the Board of Directors of the Rancho Cucamonga Fire
Protection District has agreed to the District becoming a signatory to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,the parties hereto agree as follows:
1. The Rancho Cucamonga Fire Protection District agrees to the terms and
conditions of the Agreement incorporated herein by reference as Exhibit"A"and
any amendments thereto.
2. The Rancho Cucamonga Fire Protection District further agrees to abide by the
CONFIRE bylaws incorporated herein by reference as Exhibit "B" and any
amendments thereto.
3. Upon execution of this Addendum to the Agreement,the Rancho Cucamonga Fire
Protection District will become a member of the CONFIRE,and will add itself as
a signatory to the Agreement by executing Exhibit"C".
4. This Addendum shall become effective upon the execution of the signatory page.
[SIGNATURES ON FOLLOWING PAGE]
99999.9135M8164272.1
00119668.1
Page 154
ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING
THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER
AGENCY
CONFIRE,a California joint powers RANCHO CUCAMONGA FIRE
authority PROTECTION DISTRICT
BY: I2 �— { BY: 4Bc6f
'i
Dr.Rhodes Rigsby Pres' eDirectow, w
Chairperson
ATTEST: .'
ATTEST
BY:
BY: � Secretary
Rick Britt
Secretary of CONFIRE
99999.91354\8164272.1
00119668.1
Page155
Exhibit"A"
Joint Powers Agreement
[Attached Behind This Page]
99999.91354\8164272.1
00119668.1
Page 156
I
1 JOINT POWERS AGREEMENT
2
THIS AGREEMENT is entered into by and between the public
hereinafter called "public
3 agencies signatory hereto,
4 agencies."
WITHESSETH:
5 WHEREAS, the signatories herein have determined that
-7 there is a need by public agencies within the East End cities
_ _
CO
California, to establish a regional
g of San Bernardino
9 fire agency to best serve the needs of all the citizens of
20 said public agencies; and,
11 WHEREAS, said public agencies have heretofore determined
that the interests of the citizens_ of each of said public
12 public
. agencies can best be served by the coordinated useof
13 safety radio channels and centralized regional co npute aided
1�
15 communications system; and,
16 WHEREAS, said public agencies recognize the mutual
for the development,
17
benefit of a centralized joint effort
1S t operation and maintenance or
implementation, and subsequen "
19 �such a centralized system; and,
20
WHEREAS, said public agencies desire to centralize and
21 provide safety communication operations; and,
22 WHEREAS, said public agencies have heretofore determined
23 that it is desirable and necessary to collectively direct the
24 management policies and operational practices of said regional
2- fire agency; and,
ost of developing, -operating and
26 WHEREAS, the c
27 1
2S
00119669.1
Page 157
1 maintaining said centralized systems is more cost effective
2 to such public agencies; and,
3 WHEREAS, said public agencies operate a cooperative
d program of fire protection and related functions that are
5 mutually agreed upon; and,
G WHEREAS, Title 1, Division 7, Chapter 5 of the Government
7 Cade of the State of California authorizes public agencies to
g enter into an agreement for the joint exercise of any-power
5 common to them; and,
10 WHEREAS-, these public agencies possess the power to
11 consolidate public safety communications and operational
12 programs by the execution and implementation of this
13 Agreement.
14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL
15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND
17 BETWEEN THE PARTIES HERETO AS FOLLOWS:
IS 1. Agency Established. Pursuant to the joint powers
1J authorization of the California Government Code, the
20 undersigned 'do hereby federate together in a cooperative
t and mutual operation of a centralized
21 agency for the join
22 public 'safety communication agency and a cooperative program
23 of fire protection and related functions, to be known as the
24 Consolidated Fire Agencies of the East Valley, hereinafter
25 designated as °CONFIRE," which shall be a public entity
26 separate from the parties to the Agreement.
27 a
28
00119669.1
Page 158
1 2. By-Laws. The Agency shall be subject to, and shall
2 be governed by, those certain By-Laws, a copy of which is
3 attached hereto, marked Exhibit "A" and by this reference made
4 a part of this Agreement.
5 3. Purpose. The purpose of this Agreement shall be as
G set forth in Section 1, above, and Article I of the By--Laws.
7 The purpose shall be accomplished- and carried ,out in the
g manner set forth in the By-Laws.
c� 4. Administration. CONFIRE, as 'established by this
10 Agreement and as governed by its By--Laws, shall be the
11 "Agency" to administer this Agreement, pursuant to joint
12 powers provisions of the Government Code of California-
13 5. Membership. Each public agency signatory to this
14 Agreement, and each additional public -agency which may
15 -hereafter sign the Agreement, is a member of the Agency and
16 is entitled to all. the rights and privileges and subject to
1i the obligations of membership, as provided in the By-Laws.
18 6. withdrawal of Membership. This Agreement shall
19 remain in full force and effect as to all member agencies for
20 a minimum of two (2) years from and -after the effective date
21 hereof. 'Thereafter, any party to this Agreement may cease to
22 be a party hereto and may withdraw from membership_ in the
231Agency upon the adoption by its legislative body of a
24 resolution of intention to withdraw and the giving of written
25 notice thereof to the Chairman of the Board of Directors of
26 the Agency and to each of the other public agencies signatory
27 3
2s
00119669.1
Page 159
1 to this Agreement at least one hundred eighty (18o) days prior
2 to the end of the then current fiscal year.
3 7. Powers and Debts of Authorit . Agency shall have
4 the power in its own name, to make and enter into contracts,
5 to employ agents and employees, to acquire, hold and dispose
G of property, real and personal, to sue and be sued in its own
7 name, and to incur debts, liabilities or -obligations necessary
8 for the accomplishment of the purpose of this Agreement.
0 However, the debts, liabilities, and obligations of the Agency
10 shall not constitute any debt, liability or obligation to any
11 of the individual public agencies which are signatory to this
12 Agreement. The- Agency shall not have the power of eminent-
domain nor the oower to levy taxes, and its power generally
14 shall be subject to the restrictions applicable to the Central
15 valley Fire Protection District.
161 S. Amendment. This Agreement may -not be amended,
except written agreement of all
the parties, provided,
IS however, that the By--Laws may be amended from time to time by
10 the method and nears provided therein.
20 9. Duration of Aareement. This Agreement shall
21 continue in effect. until terminated by unanimous consent of
92 the parties or until dissolution of the Agency in the manner
23 provided in said By-Laws. Upon such termination, or
24 dissolution, the non-grant assets remaining, including any
25
surplus money, shall be disposed of in proportion to
26 contributions made. Grant funded assets shall be disposed of
27 4
21
00119669.1
Page 160
i Ld
1 in accordance with Federal and State regulations and
2 instructions.
3 10. Enforcement. Agency is hereby given the power to
4 enforce this Agreement. If suit is necessary to enforce any
5 of the provisions hereof, including any provision of the By-
Laws, the defaulting member shall pay reasonable attorney fees
7 to the Agency as adjudicated and determined by the-Court.
8 11. Authorization. Upon execution of this Agreement,
9 each member shall deliver to the Agency a certified copy of
10 a governing board action, resolution - or minute order
11 authorizing and directing the execution of this Agreement.
12 12. Board of Directors.
13 A. There is established a Board of Directors for the
1d Agency which shall consist of a representative of the
15 governing body of each member agency. The governing body of
16 each member agency shall designate in writing to CONFIRE, the
17 primary and alternate members to serve on the Board of
18 Directors. At its annual meeting, the Board of Directors shall
19 select one of its members to serve as Chairperson of the Board
20 until the next annual meeting. The Chairpersonship of the
21 Board of Directors shall rotate annually in a fixed sequence
22 among the members.
23 B. The Board of Directors shall have the responsibility
24 for the appointment of auditors, approval of new members, and
25 approval of the annual budget and assessment schedule of the
26 Agency, and the exercise of those powers granted to it by the
27 5
21
00119669.1
Page 161
1
1 By-Laws.
2 C. Each public agency which is a member of the Agency
3 shall be entitled to one (1) Director on the Board and shall
4 be entitled to one (1) vote thereon. Such one vote may be
5 cast only by the member agency's designated primary or
6 alternate representative in attendance.0
7 13. Source of Fnds. . Any .contributions. of • funds by
ember agencies shall be apportioned based on the number of
0 fires in each agency's jurisdiction over the immediate
10 preceding two year period.
11 14. Accountability and Audits. The Agency shall be
12 strictly accountable for all funds and shall report all
13 rece.spts and disbursements, as required by Government Code
14 Section 6505. The Treasurer of San Bernardino County shall
15 act as treasurer and depositary for the Agency pursuant to
16 Government Code Section 6505.5, and shall handle and have
17 access to Agency property, under an official bond in an anount
1S fixed by the member agencies. The Agency shall contract for
10 a certified public accountant to perform an annual audit of
20 the- accounts and records of the Agency, and a report thereof
21 shall be filed as public record with each of the contracting
22 parties and W?th the Auditor of the Countv of San Bernardino
23 within 60 days subsequent to the end of the fiscal year under
21 examination.
25 15. Indemnification. Each party hereby agrees to
26 defend, indemnify, and hold each other party, its elected
27 6
28
00119669.1
Page 162
1 officials, officers, agents, and employees free and harmless
2 from any and all liability or claims for personal injury,
3 death, and property damage which may arise from the
4 indemnifying party's negligent acts or omissions under this
5 Agreement. None of the parties shall be held responsible or
6 liable to any other party for any loss, damage or delay caused
7 by accidents, strikes, lockouts, fire, flood, act of civil or
-8 military authority or by insurrection or, riot_or by any other
9 cause which is beyond its control.
10 16. Effective Date of Agreement. This Agreement shall
11 become effective upon its execution by the Cities of Colton,
12 Loma Linda, Redlands, and Rialto, the Central Valley Fire
13 Protection District and the San Bernardino County Consolidated
14 Fire Agency. Within 30 days of said date, the Agency shall
15 cause notice of this Agreement. to be filed with the Secretary
16 °f Stage of California, pursuant to Government Code section
1, 6503.5.
18 -
19
20
-21
.22
23
24
25
26
27 7
2$
11
00119668.1
Page163
1 IN WITNESS WHEREOF, the undersigned public agencies have
2 set their signature on the respective dates set forth below.
3 This document may be signed in duplicate originals.
4
5` ATTEST: CITY OF -REDLANDS
A Municipal Corporation
Y Y' CGS ri
8 Ci C erk May. '
9
10 ATTEST: CITY OF LO��'s-A LINDA
A Municipal Corporation
11
12. B*Yr
13C?ty- Clerk
14
1� ATTEST: CITY OF .COLTON
A Municipal: Corporation
1G
17 By:
18 City Clerk Ma r _
19
20 ATTEST: CITY Or RIALTO
21 A Municipal Corporation
22
By:
23 - a or .
C ty lerk-
-24
25
26
27 s
28
00119668.1
Page 164
1 _
2 A TEST: SAN BERNARDINO COUNTY
CONSOLIDATED FIRE AGENCY
4
BY' —
-------------
5 Clerk 6� the Board of Chairman, Board of
Supervisors Supervisors of San
Bernardino County, as
6 Governing Body of San
_ Bernardino County
-Consolidated Fire Agency
$ ;N-,q ED AS TO FG M
9 Alan K. pf;arkS. CIID1}NTY COUNSEL
%N SEQNA NTY CALiFORNiA
CENTRAL VALLEY FIRE
10 BY �__�--- .DEPUTY PROTECTION DISTRICT
22 rtV.T'::=D T'-_.f A C;7ny vF THIS'
13 rrr4.`JT t' lLt "�:J 70;t c tHAtP,• BY��J
Chairman, Board of
14 S, � r� ca. ;.
�,F '�k ;rl, � � r Supervisors of, San
15 q2,�cs Bernardino County, as
n Bi f w'--
ef:r� k � � - Governing Body of
16 " � -1J Central Valley Fire
E. z protection District
19
20
21 -
22
23
24
25
26
27 9
28
00119668.1
Page165
EXHIBIT A
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government Code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency."
ARTICLE II
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
00119668.1
Page 166
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency's principal or alternative representative
shall serve until a successor is appointed by the appointing
powers. A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E. No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
00119668.1
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F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussion a
specific issue.
C. The date, time and location of special, and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
00119668.1
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ARTICLE VI
DITTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505.5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25,000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall:
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G. The Secretary shall, (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general, perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
00119669.1
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ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitle to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE, an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
administrative Committee shall consist of a majority of the
official .representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
Meetings of the Administrative Committee must comply with the Brown
Act.
00119669.1
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H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
I. The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall, as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be, responsible for functions as hereinafter set
forth.
00119669.1
Page 171
B. Each public agency that is a member of this Agency shall be
entitled to one (1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF COMMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters.
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
00119669.1
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ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forwarded the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker's compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E. Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
00119668.1
Page173
G. The amount of each participant's charges shall be determined
in accordance with Paragraph H below.
H. The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by such member agency.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget.
I. The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications' duties consistent with these By-
Laws. Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws. The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
00119668.1
Page 174
C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al., of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) as affects employees,
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent Certified public Accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
00119669.1
Page175
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal, termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV"
WITHDRAWAL TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members'
accumulated capital contribution account as shown in the
Treasurer's books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be affected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
00119668.1
Page 176
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS, LOANS, CHECKS AND DEPOSITS_
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
00119669.1
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ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
00119668.1
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Exhibit`B"
Bylaws
[Attached Behind This Page]
99999.91354\8164272.1
00119668.1
Page 179
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency,"
ARTICLE TI
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
00119668.1
Page 180
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency's principal or alternative representative
shall serve until a successor is appointed by the appointing
powers. A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E. No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
00119668.1
Page 181
F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussion a
specific issue.
C. The date, time and location of special, and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
00119668.1
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ARTICLE VI
DITTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505.5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25,000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall:
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G. The Secretary shall, (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general, perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
00119669.1
Page183
ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitle to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE, an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
administrative Committee shall consist of a majority of the
official .representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
Meetings of the Administrative Committee must comply with the Brown
Act.
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H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
I. The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall, as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be, responsible for functions as hereinafter set
forth.
00119669.1
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B. Each public agency that is a member of this Agency shall be
entitled to one (1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF COMMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters.
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
00119669.1
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ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forwarded the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker's compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E. Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
00119668.1
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G. The amount of each participant's charges shall be determined
in accordance with Paragraph H below.
H. The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by such member agency.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget.
I. The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications' duties consistent with these By-
Laws. Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws. The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
00119668.1
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C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al., of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) as affects employees,
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent Certified public Accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
00119669.1
Page 189
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal, termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV"
WITHDRAWAL TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members'
accumulated capital contribution account as shown in the
Treasurer's books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be affected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
00119668.1
Page 190
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS, LOANS, CHECKS AND DEPOSITS_
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
00119669.1
Page 191
ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
00119668.1
Page 192
Exhibit"C"
Signatory Page to the CONF=,point Powers Agreement
[Attached Behind This Page]
99999.91354\8164272.1
00119668.1
Page193
ADDENDUM TO JOINT POWERS AGREEMENT
(CONFIRE)
ATTEST: Rancho Cucamonga Fire Protection District
Se etary ' Pr�sen, oard o it,tors
/7-/3
Date
99999.91354\8164272.1
00119668.1
Page 194
EXHIBIT B
TO RESOLUTION
00119668.1
Page 195
RESOLUTION NO.2019-1
BEFORE THE BOARD OF DIRECTORS OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Admit Chino Valley Independent Fire District as a Party to
Consolidated Fire Agencies("CONFIRE")Joint Powers Agreement
RECITALS
1. WHEREAS, Chino Valley Independent Fire District ("District") is a California fire
protection district duly organized and existing under Section 13800 et seq.of the Health&
Safety Code.
2. WHEREAS,Consolidated Fire Agencies("CONFIRE")is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint
Powers Agreement effective August 13,1990,amended September 3,2013,and amended
again on September 17,2013(collectively,the"JPA").
3. WHEREAS, as set forth in Exhibit A hereto ("Administrative Committee Staff Report
and Action Item"),the Administrative Committee of CONFIRE has recommended that this
Board of Directors urge the current JPA members to amend the JPA to admit the District
as a member of CONFIRE on the condition that the District pay the Required-Buy-In on
or before December 31,2019.
RESOLUTION
NOW,THEREFORE,BE IT RESOLVED:
1. The Board of Directors recommends that each current party to the JPA take action to amend
the JPA to admit the District as a member of CONFIRE on the condition that the District
pay the Required-Buy-In on or before December 31,2019.
THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire
Agencies at a regular meeting held on the;Z,nd. of A <:% , 2019,by the following roll call
vote:
AYES: Co
NOES: (A
ABSENT:
00110626.1
1
00119668.1
Page 196
#2
Signed and Approved by me after its passage.
2 Z-1
Chairperson of the Board of Directors
Consolidated Fire Agencies
ATTEST:
ecretary to the Board of Directors
Consolidated Fire Agencies
00110626.1
2
00119668.1
Page 197
Exhibit A
to Resolution No. 2019-01
[Administrative Committee Meeting Minutes]
00119669.1
Page 198
�91CDNFIREJ
ADMINISTRATIVE COMMITTEE MEETING
MINUTES
Tuesday, February 26, 2019
1:30 P.M.
SAN BERNARDINO COUNTY EOC
1743 MIRO WAY, RIALTO CA 92376
ROLL CALL
ADMINISTRATIVE COMMITTEE MEMBERS:
Chief Tim McHargue/Chairperson,Colton Fire
Chief Ivan Rojer/Vice-Chairperson,Rancho Cucamonga Fire
Chief Dan Harker, Loma Linda Fire
Chief Nathan Cooke,Redlands Fire
Chief Brian Park, Rialto Fire
Chief Don Trapp,San Bernardino County Fire
SUPPORT STAFF
Mike Bell,Director
Tim Franke,Dispatch Manager
Kristen Anderson,Assistant Dispatch Manager
John Tucker,Assistant Dispatch Manager
Blessing Ugbo,Special Projects Lead
Liz Berry,Admin.Secretary I
Rana Gilani,Staff Analyst II
GUESTS
Chief Lorenzo Gigliotti,Apple Valley Fire
Chief John Chamberlin,San Bernardino County Fire
Chief Greg Benson,Victorville Fire Department
Chief Eric Noreen,Rancho Cucamonga Fire
Chief Tyler Johnson,Chino Valley Fire Department
Yvonne Robbins, BDC MIS Supervisor
Vanessa Meyer,Confire
Battalion Chief Buddy Peratt,Apple Valley Fire
I. CALL TO ORDER
a. Flag Salute
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b. Roll Call/Introductions
II. PUBLIC COMMENT
An opportunity provided for persons in the audience to make brief statements to the
Administrative Committee. (Limited to 30 minutes; 3 minutes allotted for each speaker)
III. CONSENT ITEMS
The following items are considered routine and non-controversial and will be voted
upon at one time by the Administrative Committee. An item may be removed by a
Committee member or member of the public for discussion and appropriate action.
1. Approve Administrative Committee Minutes of January 15,2019(Attachment A)
2. Financial Statements thru January 31,2019(Attachments B1-B2)
3. Dispatch Performance reports(Attachments CI-C6)
4. Hesperia Lease Agreement(Attachments D1-D2)-
Approve the lease agreement between CONFIRE and the County of San Bernardino
Real Estate Services for space at the HDGC. The agreement is for 10 years
commencing on May 1,2019. It begins at$6,251.00 per month for rent and
maintenance and increases 3.5%each year thereafter. The total encumbrance for
the lease is$878,160 for ten years.
Chief Don Trapp requested this item be sidelined until the County's dispatch study is
complete.
Motion to table the HDGC lease until San Bernardino County's dispatch study is
completed.
Motion by: Chief Tim McHargue
Second by: Chief Dan Harker
Approved Unanimously
5. Action on Consent
Motion to accept items 1 thru 3 under Consent Items
Motion by: Chief Trapp
Second by: Chief Cooke
Approved Unanimously
IV. DIRECTOR REPORT
6. Director Report—Mike Bell
a. EMD Ad Hoc update
RFP out for a consultant to help facilitate the group. Group is currently working
on standardizing call types across the board.
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b. CAD to CAD project update
i. Approval for S.A.M.registration (Attachment E)
Approve Rana Gilani,Staff Analyst 11,as the designated SAM Entity
Administrator.
Motion by: Chief Don Trapp
Second by: Chief Ivan Rojer
Approved Unanimously
V. OPS COMMITTEE REPORT
i. OPS/Admin discussion
i. Leader's intent
Define policy making and empowerment of the representative to make
decisions. Representatives are to discuss agenda topics and know how their
agency stands on topics being discussed and be empowered to make
decisions that accurately represent their agency.
Admin. Chiefs will schedule a separate meeting to further discuss leader's
intent with reference to the OPS group.
ii. Change Management
Tabled
iii. CAD Access request(Attachment F)
Establish protocol for qualified agency liaisons to securely access the live CAD
environment for making agency only changes in certain modules under
certain conditions. Qualified agency liaisons must be signed off by the
CONFIRE CAD Administrator as having the proper training and experience
required. Access to the CAD environment only from approved locations and
services as specified by CONFIRE MIS. Make changes that will be limited to
agency only matters. Any change that could have an impact on other
agencies must be vetted through the CONFIRE Operations Committee. A CAD
help ticket will be submitted documenting all changes made at each session.
Motion to approve CAD Access Agreement.
Motion by: Chief Ivan Rojer
Second by. Chief Brian Park
Approved Unanimously
VI. DISCUSSION ITEMS
7. Standing Topics
a. IT Projects
Telestaff Upgrade,in progress,3131119 estimated completion.
ATIA(SIMS Interface),in progress,2115119 estimated completion.
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Deccan LiveMUM,in progress,3126119 estimated completion.
SD-WAN,in progress,5131119 estimated completion.
BDC Transition,in progress, 12131119 estimated completion.
Tablet Command(Phase 2),in progress,316119 estimated completion.
Active Directory Upgrade,in progress,4128119 estimated completion.
Verizon VPN Tunnel,in progress,3115119 estimated completion.
L Temp Hire
i. Approve hire of a temporary(contract)position to back fill
long-term vacancy in MIS(two six-month terms not to
exceed$50,000 per term). Use of salary savings to fund
this role.
Motion to approve the hiring of a temporary(contract)
position to back fill a long-term vacancy in MIS(two six-
month terms not to exceed$50,000 per term)
Motion by: Chief Nathan Cooke
Second by: Chief Dan Harker
Approved Unanimously
ii. Office 365 project/Active Directory Migration(Attachment G)
i. Approve contract with DynTek not to exceed$82,000 to
perform the migration of the legacy CONFIRE Active
Directory into the new Office 365 platform.
The cost of this project will be allocated based on agency
benefit as derived by the number of email accounts per
agency based on the Office 365 contract with Microsoft.
The cost for migration is.$59.75 per account. Chiefs of
affected agencies need to provide direction if funds should
be drawn from agency Equipment Reserve funds(5009)or
added to agency quarterly billing. All agencies have
sufficient funds in 5009 to cover these costs. The CONFIRE
amount will be drawn from CONFIFE Equipment Reserve
fund.
Chiefs tabled the topic for 3 bids or a venue/source that
can take care of the vetting process.
b. BDC MIS Transition
Transition moving along smoothly.
C. CPE Refresh
Several demos have been attended. We continue to look at all available
options.
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8. Old Business
a. West Net Station Alerting Radio Purchase(Attachments HI-H2)
The convergence of the installation of the Westnet Station alerting system and
the near completion of the County iSD 800 digital radio upgrade project
necessitates agencies that have installed the Westnet system to upgrade their
existing analog alerting radios to fully digital radios to receive back-up radio
alerting from the Westnet system in the event of a failure in the delivery of the
primary IP alerting packet.
i. Approve sole source purchase of 36 Motorola APX 4500 Mobile Digital
radios not to exceed$150,000.00.
Approve sole source purchase of 24 Motorola APX 4500 and 12 APX 6500
(BDC Only)Mobile Digital radios not to exceed$150,000. The sole source
justification is based on the sole use of and support of the Motorola
digital radio by County ISD. The agency will only support the APX 4500 or
APX 6500 for this purpose. The cost provided by the vendor is consistent
with their pricing elsewhere.
Motion to Approve the sole source purchase of 24 Motorola APX 4500
and 12 APX 6500(BDC only)Mobile Digital radios not to exceed
$150,000.
Motion by: Chief Nathan Cooke
Second by: Chief Brian Park
Approved Unanimously
ii. Chino membership Update(Attachments 11-12)
Chino Valley Fire will be starting service with CONFiRE in March of 2019.
From the beginning the organization has clearly stated its desire to
become a member agency of CONFIRE at the earliest possible time. The
recently approved new member process affords Chino Valley that
opportunity due to its previous engagement at CONFIRE from 2000-2004.
Attached is a letter dated December 12,2018,from Chino Valley Fire
Chief Tim Shackelford requesting his organization be considered for
membership by the Administrative Committee and the CONFIRE Board of
Directors.
Board policy sets a minimum of$300,000 buy-in fee for new member
agencies. Each agency is then assessed for any fees above that amount
based on a call volume/CONFIRE asset formula. Based on that
methodology the buy-in figure for Chino Valley Fire would be:
$412,423.00.
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Motion to approve the Chino Valley membership and proposed"buy-in"
amount. Move to Board of Directors for final consideration.
Motion by: Chief Tim McHargue
Second by: Chief Don Trapp
Approved Unanimously
9. New Business
a. First Watch Foam Module Demo(AttachmentJ)
i. Approve CONFIRE purchase of Firstwatch F.O.A.M.module for$8540.00
(one-time)cost and$1500 annually thereafter for maintenance and
support. This would make CONFIRE the primary agency. All CONFIRE
agencies could then purchase the"add-on"module for$1830(one-time)
cost and$330 annually thereafter for maintenance and support.
CONFIRE purchase would be funded through credit held at Firstwatch,
remaining credit could fund all member agencies. Contract agencies
would need to pay the additional cost.
Motion to approve the purchase of Firstwatch F.O.A.M.module for
$S540.00(one-time)and$1500 annually thereafter for maintenance
and support.
Motion by: Chief Nathan Cooke
Second by: Chief Ivan Rojer
Approved Unanimously
b. Apple Valley Fire membership inquiry(Attachment K)
CONFiRE received a letter dated February 20,2019,from Apple Valley Fire
Protection District inquiring on membership with CONFIRE. Apple Valley is
requesting specific information on membership costs,benefits,assigned
obligation and contract language as well as any details about becoming and
functioning as a IPA member.
Motion to direct Mike Bell to respond to Apple Valley's request for
membership.
Motion by: Chief Tim McHargue
Second by.Chief Don Trapp
Approved Unanimously
c. Preliminary Budget discussion
The budget process is moving along,no significant changes are foreseen.
By the end of March,a true preliminary budget will be presented.
Chief Chamberlin requested that the Admin Chiefs address the budget for Confire
administrative staff salary being divided equally among the agencies. Current
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IPA by-laws state that the cost is determined by agency call volume. The Chiefs
asked director Bell to look deeper into the request.
d. Dispatcher appreciation week April 14-20th
Agencies were invited to visit Comm Center and their dispatchers.
Closed session:
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191comilp
STAFF REPORT
DATE: 1/15/2019
FROM: Mike Bell
Director
TO: Administrative Committee
SUBJECT: Chino Valley Fire Membership Request
Recommendation
Approve Chino Valley membership request and proposed"buy-in"amount.Move to
Board of Directors for final consideration
Background Information
Chino Valley Fire will be starting service with CONFIRE in March of 2019.From the
beginning of their interaction with CONFIRE the organization has clearly stated its desire to
become a member agency of CONFIRE at the earliest possible time.The recently approved
new member process affords Chino Valley that opportunity due to its previous
engagement at CONFIRE from 2000-2004.
The current contract with Chino Valley Fire stipulates they request membership before the
end of 2019.Attached is a letter dated,December 13,2018 from Chino Valley Fire Chief
Tim Shackelford requesting his organization be considered for membership by the
Administrative Committee and the CONFIRE Board of Directors.
Board policy sets a minimum of a$300,000 buy-in fee for new member agencies.Each
agency then is assessed for any fees above that amount based on a call volume/CONFIRE
asset formula.Based on that methodology the buy-in figure for Chino Valley Fire would be:
$412,423
The current JPA Agreement and By-Laws provide the additional information Chino Valley
needs to consider its ultimate decision for membership.CONFIRE staff stands ready to
work with Chino Valley Fire to address additional questions from their staff and Board of
Directors.If approved by the Administrative Committee,the next step would be for the
matter to be brought to the CONFIRE Board of Directors for approval.A resolution and JPA
00119668.1
Page 206
agreement amendment would be drafted by CONFIRE legal counsel and circulated to each
member agency governing board for final approval.
00119668.1
Page 207
EXHIBIT C
TO RESOLUTION
00119668.1
Page 208
#2
RESOLUTION NO.2019-05
BEFORE THE BOARD OF DIRECTORS OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Admit Apple Valley Fire Protection District as a Party to
Consolidated Fire Agencies("CONFIRE")Joint Powers Agreement
RECITALS
1. WHEREAS, Apple Valley Fire Protection District ("District") is a California fire
protection district duly organized and existing under Section 13800 et seq.of the Health&
Safety Code.
2. WHEREAS,Consolidated Fire Agencies("CONFIRE")is a joint powers authority duly
organized and existing under Section 6500 et seq.of the Government Code and its Joint
Powers Agreement effective August 13, 1990 and amended September 17, 2013 and
thereafter(collectively,the"JPA"),.
3. WHEREAS,as set forth in Exhibit A hereto("Administrative Committee Resolution"),
the Administrative Committee of CONFIRE has recommended that this Board of Directors
urge the current JPA members to amend the JPA to admit the District as a member of
CONFIRE on the condition that District pay the an initial installment of a Required Buy-
In to CONFIRE in the amount of Eighty-One Thousand Two Hundred Sixty-Seven Dollars
($81,267.00)on or before December 31,2019 and agrees to pay four(4)equal subsequent
annual installments of a Required Buy-In to CONFIRE concluding on or before December
31,2024 of Eighty-One Thousand Two Hundred Sixty-Seven Dollars($81,267.00),for a
total Required Buy-In of Four Hundred Six Thousand Three Hundred Thirty-Six Dollars
($406,336.00).
RESOLUTION
NOW,THEREFORE,BE IT RESOLVED:
1. The Board of Directors recommends that each party to the JPA take action to amend
the JPA to admit the District as a member of CONFIRE on the condition that District
pay the an initial installment of a Required Buy-In to CONFIRE in the amount of
Eighty-One Thousand Two Hundred Sixty-Seven Dollars($81,267.00)on or before
December 31,2019 and agrees to pay four(4)equal subsequent annual installments of
a Required Buy-In to CONFIRE concluding on or before December 31,2024 of Eighty-
One Thousand Two Hundred Sixty-Seven Dollars($81,267.00),for a total Required
Buy-In of Four Hundred Six Thousand Three Hundred Thirty-Six Dollars
($406,336.00).
00119796.1
1
00119668.1
Page 209
#2
THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire
Agencies at a regular meeting held on the �T1 'Iofr 4l 2019,by the following roll call
vote: /
AYES:
NOES:
ABSENT: `f'
Signed and Approved by me after its passage.
Chairperson of the oard irectors
Consolidated Fire Agencies
ATTEST:
Secretary to the Board of Directors
Consolidated Fire Agencies
00118796.1
2
00119668.1
Page 210
Exhibit A
To Resolution 2019-05
Administrative Committee Resolution
00119668.1
Page 211
#1
RESOLUTION NO.2019-04
BEFORE THE ADMINISTRATIVE COMMITTEE OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Admit Apple Valley Fire District as a Party to
Consolidated Fire Agencies("CONFIRE")Joint Powers Agreement
RECITALS
1. WHEREAS, Apple Valley Fire Protection District ("District") is a California fire
protection district duly organized and existing under Section 13800 et seq.of the Health&
Safety Code.
2. WHEREAS, Consolidated Fire Agencies("CONFIRE")is a joint powers authority duly
organized and existing under Section 6500 et seq.of the Government Code and its Joint
Powers Agreement effective August 13,amended September 3,2013,and amended again
on September 17,2013(collectively,the"JPA').
3. WHEREAS,pursuant to Section 5 and Section 8 of the body of the JPA,membership in
CONFIRE may be acquired by a public agency that both becomes a signatory to the JPA
and obtains the unanimous consent of all parties to the JPA.
4. WHEREAS,the District desires to become a member of CONFIRE.
5. WHEREAS,CONFIRE has studied the potential impacts of the District becoming a party
to the JPA.
6. WHEREAS, CONFIRE has advised the District that it must pay, as a condition of the
District becoming a party to the JPA and a member of CONFIRE,the sum of four hundred
six thousand three hundred thirty-six dollars($406,336)to the general reserve fund(5010)
of CONFIRE(the"Required-Buy-In").
RESOLUTION
NOW,THEREFORE,BE IT RESOLVED:
1. The Administrative Committee recommends to the CONFIRE Board of Directors that each
current party to the JPA be urged to amend the JPA to admit the District as a member of
CONFIRE on the condition that the District pay the Required-Buy-In on or before
December 31,2019.
00110625.2
1
00119668.1
Page 212
#1
THIS RESOLUTION was passed and adopted by the Administrative Committee of the
Consolidated Fire Agencies at a regular meeting held on the 28th of May,2019,by the following
roll call vote:
AYES:
NOES:
ABSENT:
Signed and Approved by me after its passage.
Chairperson of the Administrative Committee
Consolidated Fire Agencies
ATTEST::
Secretary to the Administrative Committee
Consolidated Fire Agencies
00110625.2
2
00119668.1
Page 213
EXHIBIT B
TO RESOLUTION
Page 214
RESOLUTION NO. 2020-02
BEFORE THE BOARD OF DIRECTORS OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Admit City of Victorville as a Party to
Consolidated Fire Agencies Joint Powers Agreement
RECITALS
1. WHEREAS, the City of Victorville ("City") is a municipal corporation duly authorized
and existing under Government Code 34000 et seq.
2. WHEREAS, the City has established and maintains the City of Victorville Fire
Department (the "Department").
3. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint
Powers Agreement effective August 13, 1990,amended September 3,2013 and September
17, 2013, and amended again on or before December 4, 2019 (collectively, the "JPA",
which is set forth in Appendix 1 to Exhibit A hereto).
4. WHEREAS, as set forth in Exhibit B hereto ("Administrative Committee Resolution No.
2020-02"), the Administrative Committee of CONFIRE has recommended that this Board
of Directors urge the current JPA members to amend the JPA to admit the City as a member
of CONFIRE on the condition that the City agrees to pay Seven Hundred Ninety-Four
Thousand Six Hundred Eighty-Three Dollars($794,683)collectively("Required-Buy-In")
in five (5) equal installments commencing with the first installment due at the
commencement of the 2021/2022 fiscal year of the City.
5. WHEREAS, CONFIRE and City have previously entered into a contract whereby
CONFIRE agreed to provide services to the City and pursuant to which the City agreed to
pay CONFIRE, as consideration therefore, an annual amount which includes a ten percent
(10%) contract premium (the "Premium Amount"), which will equal approximately One
Hundred Seventy-One Thousand Two Hundred Forty Dollars ($171,240) through
December 2020.
6. WHEREAS, CONFIRE and the City have previously entered into a contract whereby it
was agreed that upon City becoming a member of CONFIRE, the Premium Amount
previously paid by the City will be credited against the Required-Buy-In amount, such that
the balance due to CONFIRE will be the Required-Buy-In minus the Premium Amount
paid to date by the City at the time of City's admission as a member of CONFIRE and a
party to the JPA.
00156770.1
Page 215
RESOLUTION
NOW, THEREFORE,BE IT RESOLVED:
1. The Board of Directors recommends that each current party to the JPA and member of
CONFIRE and City take action to admit City as a party and a member of CONFIRE, as its
JPA may be amended from time to time, on the condition that City agrees to pay Seven
Hundred Ninety-Four Thousand Six Hundred Eighty-Three Dollars ($794,683)
collectively, less the Premium Amount paid to date by the City at the time of City's
admission as a member of CONFIRE and a party to the JPA,in five (5) equal installments
commencing with the first installment due at the commencement of the 2021/2022 fiscal
year of the City.
THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire
Agencies at a regular meeting held on the 10'"' of_l ce�bx, 2020, by the following roll call
vote:
AYES: J
NOES:
ABSENT: .)
ABSTAIN: 0
Signed and Approved by me after its passage.
c�, .
Chairperson of the Boardof Directors
Consolidated Fire Agencies
ATTE T
Secretary to the Board of Directors
Consolidated Fire Agencies
00156770.1
Page 216
RANCHO CUCAMONGA FIRE DISTRICT
sww-f
DATE: February 3, 2021
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Ivan Rojer, Fire Chief
Mike McCliman, Deputy Fire Chief
Darci Vogel, Business Manager
Ruth Cain, CPPB, Procurement Manager
SUBJECT: Consideration of the Purchase of One (1) Rosenbauer Commander
Custom Heavy Rescue Unit from Rosenbauer Minnesota LLC Utilizing a
Piggyback Opportunity Through a Competitively Bid Contract from the
Orange County Fire Authority, RFP JA2440, in the Amount of $947,449.
(FIRE)
RECOMMENDATION:
Staff recommends that the Fire Board authorize the purchase of one (1) 2022 Rosenbauer
Commander Custom Heavy Rescue Unit from Rosenbauer Minnesota LLC utilizing a piggyback
opportunity through a competitively bid contract from the Orange County Fire Authority, RFP
JA2440, in the Amount of$947,449.
BACKGROUND:
As part of the annual budget preparation process, the Fire District reviews the current vehicle and
apparatus inventory list and identifies those units needing replacement. This evaluation considers
the mileage, current age and actual years of operation compared to expected years, mechanical
condition, and repair history. For FY 2020/21, the Fire District identified and budgeted for the
replacement of one heavy rescue apparatus.
This apparatus supports the Technical Rescue Team and is a self-sufficient apparatus that can
transport personnel and its equipment to the scene of Urban Search and Rescue (US&R)
incidents such as earthquakes, extrications, trench collapse, confined space rescue and
advanced high angle rope rescue. The apparatus can power its own equipment and lighting, as
well as provide air and hydraulic supply for the variety of lifting, cutting and breaking tools and
equipment. It must carry the minimum equipment required by Cal OES for Type 1 Heavy Level
Rescue.
Per the 2016 edition of the NFPA 1901 "Standard for Automotive Apparatus" guidelines, to
maximize firefighting capabilities and minimize risk of injuries, it is important that fire apparatus
be equipped with the latest safety features and operating capabilities. In the last 10 to 15 years
much progress has been made in upgrading functional capabilities and improving the safety
features of fire apparatus.
Page 217
The new heavy rescue apparatus will replace Unit No. 56-97, a 1997 Spartan-Super Vac that with
82,400 miles. At 24 years old, this apparatus has had a number of mechanical issues, including
multiple replacements of the rear-end due to the gear box going out. The company that built this
unit is no longer in business and, as a result, a number of proprietary parts are no longer
produced. In addition, the unit currently needs the light tower replaced, estimated at up to
$15,000.
Once replaced, the Fire District will surplus Unit No. 56-97.
ANALYSIS:
In an effort to expedite the purchasing process for the heavy rescue apparatus, the Fire District
identified a piggyback opportunity through a competitively bid contract from the Orange County
Fire Authority (OCFA), RFP JA2440, awarded to Rosenbauer Minnesota LLC. The Fire District's
Apparatus Committee thoroughly reviewed the RFP specifications and determined that they were
consistent with the Fire District's requirements.
The Fire District provided the piggyback opportunity from OCFA to the Procurement Department.
Procurement reviewed the OCFA bid documents and contract and is satisfied that the solicitation
process and terms meet the Fire District and City's requirements. It has been determined that
utilizing the contract as a piggyback is the most advantageous, expedient method of procurement
at this time and is considered to be in the District's best interest to approve an award to
Rosenbauer Minnesota LLC for the purchase of one (1) Rosenbauer Commander Custom Heavy
Rescue Unit in the amount of$947,449.
FISCAL IMPACT:
The purchase of one heavy rescue apparatus was approved in the FY 2020/21 budget. A total of
$1.3 million was allocated in the Fire Protection Capital Fund under account 3288501-5604
(Capital Outlay —Vehicle). Using the piggyback contract, the total purchase cost will be under
budget at $947,449.
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council's vision and core value by providing a sustainable
City and promoting a safe and healthy community for all. This is accomplished by ensuring our
first responders have the resources and tools necessary to respond effectively during emergency
situations.
ATTACHMENTS:
N/A
Page 2
Page 218
Nonion
CITY OF
• CUCAMONGA
m
DATE: February 3, 2021
TO: Mayor and Members of the City Council
President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Ivan Rojer, Fire Chief
Joseph Ramos, Emergency Management Coordinator
SUBJECT: Consideration to Accept Grant Revenue in the Amount of $27,122
Awarded by the Department of Homeland Security for the 2019
Homeland Security Grant Program; and Authorization to Appropriate
$27,122 for Approved Grant Expenses. (CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council / Fire Board:
1. Accept grant revenue in the amount of$27,122 awarded by the Department of Homeland
Security and administered by the San Bernardino County Fire Department, Office of
Emergency Services, under the 2019 Homeland Security Grant Program; and
2. Authorize the appropriation of$27,122 for the purchase of laptop computers and docking
stations for the Fire administrative staff assigned to the Fire Department Operations
Center (DOC) and Emergency Operations Center (EOC).
BACKGROUND:
The objective of the Homeland Security Grant Program (HSGP) is to provide funds to eligible
entities to support state, local, tribal, and territorial efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest
risk to the security of the United States. The grant program contains non-competitive funding
allocated for each Fire Department and Fire District in the San Bernardino County Operational
Area, based on per capita. Funds must be used for activities that align with HSGP objects and
support securing and protecting the Homeland.
ANALYSIS:
As a result of the current pandemic, the Fire District and City's administrative operations have
undergone a number of changes during the past months. One of the most notable of these
changes has been the transition to a remote workforce in order to ensure the safety of staff, as
well as the sustainability of administrative operations. Subsequently, various work procedures
have been modified to accommodate and support remote work. One such modification is virtual
DOC and EOC activations.
In order to support remote work and access to virtual DOC and EOC activations, laptops are
crucial. Currently, the Fire District has a limited number of administrative staff who have assigned
laptops. Staff recommends the use of available HSGP funding to purchase laptops and docking
stations in order to outfit the remaining Fire District staff with the technology needed to perform
their emergency job functions at any location including their assigned workstations. Laptops and
docking stations are an allowable expense under the grant program.
Page 219
FISCAL IMPACT:
Staff requests that the City Council / Fire Board accept grant revenue into account number
1380000-4740 (Grant Income) and authorize the appropriation of $27,122 into 1380501-5207
(Homeland Security Grant Fire/O&M/Capital Supplies). The District will be reimbursed from grant
income when invoices and proof of the purchase are submitted to the grant administrator.
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council's vision and core value by providing a sustainable
City and promoting a safe and healthy community for all. This is accomplished by ensuring our
Fire District staff have the technological resources necessary to perform their job functions at any
time and any location.
ATTACHMENTS:
N/A
Page 220
CITY OF RANCHO CUCAMONGA
$l
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Tamara L. Oatman, Finance Director
Jason Welday, Engineering Services Director/City Engineer
Noah Daniels, Finance Manager
SUBJECT: Consideration of a Resolution Accepting the AB 1600 Development Impact
Fee Annual Report for the Fiscal Year Ended June 30, 2020, and Making
Findings as Required by California Government Code Section 66001
(RESOLUTION NO. 2021-002). (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution accepting the AB 1600 Development
Impact Fee Annual Report for Fiscal Year Ended June 30, 2020, and making findings as required
by California Government Code Section 66001.
BACKGROUND:
A development impact fee ("DIF") is a monetary exaction other than a tax or special assessment
that is charged by a local government agency to an applicant in connection with approval of a
development project for the purpose of defraying all or a portion of the cost of public facilities
related to the development project. The legal requirements for enactment of a DIF program are
set forth in Government Code Sections 66000-66025 (the "Mitigation Fee Act"), the bulk of which
were adopted as 1987's AB 1600 and, thus, are commonly referred to as"AB 1600 requirements."
In accordance with Government Code Section 66006(b), the City is required to make an annual
accounting of its DIF funds. The attached report has been prepared by staff to meet the annual
reporting requirements. This annual reporting requires both general law and charter cities to
account for every fee collected under the AB 1600 requirements. In accordance with the AB 1600
requirements, the City has established separate funds for each DIF.
Each fiscal year, the City must make available the following information to the public for each
separate fund or account:
1. A brief description of the type of fee in each fund;
2. The amount of the fee;
3. The beginning and ending balance of the fund;
4. The amount of the fees collected and the interest earned;
Page 221
5. Identification of each public facility on which fees were expended and the amount of each
expenditure;
6. A description of each interfund transfer or loan made from the fund, including the public
improvement on which the transferred or loaned fees will be expended, and, in the case
of an interfund loan, the date on which the loan will be repaid, and the rate of interest that
the account or fund will receive on the loan; and
7. The amount of refunds made.
There were no interfund transfers or loans made from the funds, nor were there any refunds
made. The remaining required information is included in the attached annual report.
ANALYSIS:
A Resolution has been prepared for the City Council's consideration. By adopting the Resolution,
the City Council would receive and file the annual report for the fiscal year ended June 30, 2020
and make findings required by Government Code Section 66001.
FISCAL IMPACT:
None
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's core value of intentionally embracing and anticipating the
future by complying with reporting requirements for revenues that defray the cost of public
facilities related to new development in the City.
ATTACHMENTS:
Attachment 1 — Resolution
Attachment 2 —Annual Report for Fiscal Year Ended June 30, 2020
Page 2
Page 222
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ACCEPTING THE AB 1600 DEVELOPMENT IMPACT FEE
ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2020 AND
MAKING FINDINGS AS REQUIRED BY CALIFORNIA GOVERNMENT
CODE SECTION 66001
WHEREAS, Government Code sections 66000 et seq. (commonly known as and referred to herein
as AB 1600) regulates the imposition, collection, maintenance, expenditure, and reporting of development
impact fees imposed on developers for the purpose of defraying all or a portion of the costs of public
facilities; and
WHEREAS, the City has imposed and collected development impact fees from developers which
are subject to AB 1600 requirements; and
WHEREAS, in accordance with the provisions of AB 1600, the City has established separate funds
for each development impact fee, crediting earned interest to those funds and the accumulated fees and
related interest on appropriate expenditures; and
WHEREAS, the City has prepared the annual report for the fiscal year ended June 30, 2020 in
accordance with the AB 1600 requirements as prescribed in Government Code section 66006, reflecting
the beginning and ending balance of each separate fund containing development impact fees; the amount
of fees collected and the interest earned for the fiscal year; the amount of expenditures and refunds made
in the fiscal year; a description of each interfund transfer and loan, including the repayment date and
interest rate of the loan, made from each fund containing development impact fees; and a description of
the type of fees and the fee amounts; and
WHEREAS, for the fiscal year ended June 30, 2020, there were no interfund transfers or loans
made from the fund, nor refunds that were made; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES, as follows:
1. The recitations above are true and correct.
2. The City Council hereby receives and files, and makes available to the public, the City's
AB 1600 Development Impact Fee Annual Report for the fiscal year ended June 30, 2020.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. 2021-XXX— Page 1 of 1 Pa e 223
ATTACHMENT #01
CITY OF RANCHO CUCAMONGA
AB 1600 DEVELOPMENT IMPACT FEE
ANNUAL REPORT
FOR FISCAL YEAR ENDED JUNE 30, 2020
Page 224
City of Rancho Cucamonga
AB 1600 Development Impact Fee Annual Report
For Fiscal Year Ended June 30, 2020
On June 4, 1980, the City Council approved the collection of fees for park and recreational
expansion in the City of Rancho Cucamonga to mitigate the impacts of future development
(formerly RCMC 3.24). In the following years, additional system development fees were approved
for Transportation (RCMC Chapter 3.28), Drainage Systems (RCMC Chapters 13.08 and 13.09),
Community and Recreation Center(RCMC Chapter 3.52), Library (RCMC Chapter 3.56), Animal
Center (RCMC Chapter 3.60), Police (RCMC Chapter 3.64), and Park In-Lieu/Park Impact
(RCMC Chapter 3.68). Based on 1987 state law, primarily the passage of AB 1600, nexus
procedures were developed to establish the relationship between a proposed development and
its impact on the City. Pursuant to the Municipal Code, impact fees have been periodically updated
since the consideration of the initial Development Impact Fee Resolutions by the City Council.
California Government Code sections 66001 and 66006 require making available to the public
various Development Impact Fee information. The City of Rancho Cucamonga addresses these
reporting requirements through annual issuance of the following two schedules, along with the
release of periodic updates to the City's Development Impact Fee Calculation and nexus studies.
The following two schedules include Development Impact Fee information for the fiscal year
ended June 30, 2020. The first schedule reports each Development Impact Fee category's
beginning and ending fund balance, revenues, and expenditures. The second schedule provides
a summary listing of the Development Impact Fee expenditure amounts by individual public
improvement project. Following the two schedules is a brief description of the purpose of each
development impact fee by fund and the method by which it is calculated.
Page 225
City of Rancho Cucamonga
AB 1600 Development Impact Fee Annual Report
Pursuant to Government Code Section 66006
For Fiscal Year Ended June 30,2020
Revenues Expenditures
Fund Balance Developer Other/ Capital Fund Balance
Fund Development Impact Fee Purpose July 1,2019 Impact Fees Interest Miscellaneous Project Other June 30,2020
111 Park Land Acquisition $ 2,951,797 $ 1,029,923 $ 101,590 $ 7,454 $ 4,075,856
112 Drainage Facilities 3,568,222 602,499 106,440 41,758 4,235,403
113 Community and Recreation Centers 1,084,183 362,663 37,494 $ 11,666 2,480 1,470,194
114 Drainage-Etiwanda/San Sevaine 263,262 14,430 6,569 14,321 370 269,570
115 Drainage-Henderson/Wardman 983,735 7,075 260 990,550
116 Etiwanda Drainage 2,060,498 55,284 25,859 2,089,923
118 Etiwanda Drainage/Upper Etiwanda 593,283 16,062 390 608,955
119 Park Improvement 1,589,660 528,838 55,010 3,423 2,170,085
120 Park Development 8,364,900 215,675 270,065 115,518 8,194,992
122 South Etiwanda Drainage 1,084,823 29,799 240 1,114,382
123 Library 683,321 152,220 21,864 11,666 773 844,966
124 Transportation 31,314,223 5,664,811 928,355 $ 296,647 817,286 544,639 36,842,111
125 Animal Center 131,850 28,365 4,169 168 164,216
126 Lower Etiwanda Drainage 630,351 59,568 17,636 400 707,155
127 Police 513,407 117,280 16,333 11,666 224 635,130
$ 55,817,515 $ 8,560,597 $ 1,619,355 $ 296,647 $ 1,136,670 $ 743,956 $ 64,413,488
Notes to Schedule:
Other expenditures consist of personnel costs,noncapital purchases and services,developer reimbursements for eligible capital facilities,and overhead costs.
Page 226
City of Rancho Cucamonga
Development Impact Fee Capital Project Expenditures
For Fiscal Year Ended June 30,2020
City Annual
Project ID Project Description Expenditures
Community and Recreation Centers(Fund 113)
2046113 Joint Use Facility at The Resort $ 11,666
Fund 113 Subtotal 11,666
Drainage-Etiwanda/San Sevaine(Fund 114)
1358114 Etiwanda Flood Control Channel 14,321
Fund 114 Subtotal 14,321
Park Development(Fund 120)
1660120 Central Park-Master Plan Environmental Review 237,429
1664120 Etiwanda Creek Park-Phase II Design 32,636
Fund 120 Subtotal 270,065
Library(Fund 123)
2046123 Joint Use Facility at The Resort 11,666
Fund 123 Subtotal 11,666
Transportation(Fund 124)
1361124 Base Line Road at Interstate-15 Interchange 2,043
1515124 Wilson Avenue and Wardman Bullock Road Environmental Review 52,650
1831124 Traffic Management Center Citywide Upgrade 76,939
1900124 Freeway and Arterial Synchronization Phase 1 180,042
1956124 Day Creek Boulevard: Upgrade Left Turn Phases 74,805
1957124 Traffic Signal: 6th Street at Hellman Avenue 31,232
1958124 Traffic Signal: East Avenue at Highland Avenue 15,936
1982124 Advance Traffic Management System-Phase 1 316,578
1989124 Milliken Avenue-Upgrade Left Turn Phases 6,227
1996124 Arrow Route: Upgrade Left Turn Phases 60,834
Fund 124 Subtotal 817,286
Police(Fund 127)
2046127 Joint Use Facility at The Resort 11,666
Fund 127 Subtotal 11,666
Total Expenditures $ 1,136,670
Page 227
City of Rancho Cucamonga
AB1600 Development Impact Fee Annual Report
For Fiscal Year Ended June 30, 2020
Description of Development Impact Fee Purpose and Fee Methodology
Fund 111 — Park Land Acquisition:
The intent of this fee is to provide funding for the development and acquisition of parks. Because
the provisions of the Quimby Act apply only to land acquisition, and only in residential
subdivisions, separate park impact fees for park Land acquisition in non-subdivision projects and
park improvements is necessary. The park fees are calculated for a single service area
encompassing the entire City.
Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per
capita costs and average population per dwelling unit. The impact fee per dwelling unit varies
depending on the development type.
Fund 112 — Drainage Facilities:
The City of Rancho Cucamonga is affected by surface and storm waters. The continual
subdivision and development of property within the City has placed a demand on existing facilities
which handle surface and storm waters. To provide an equitable manner for the apportionment
of the cost of the development of such facilities, the City Council determined that a drainage plan
must be adopted and a drainage fee established to provide funds to be used for the construction
of the facilities described in the drainage plan.
Impact fees for this fund are calculated in accordance with Resolution No. 02-061 at a rate based
on net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Fund 113 — Community and Recreation Centers:
This fee relates to the City's existing community and recreation centers, as well as the Victoria
Gardens Cultural Center. The impact fees may be used for but shall not be limited to land
acquisition and site improvements, building construction/expansion, interior building
improvements, furniture, fixtures and exercise equipment, sports and play equipment, special
needs equipment, technical centers, and aquatic facilities.
Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per
capita costs for replacement costs and the existing population. The City's community and
recreation centers serve the entire City, so the Community and Recreation Center Impact Fees
are calculated for a single service area encompassing the entire City.
Page 228
Fund 114 — Drainage-Etiwanda/San Sevaine:
In order to implement the goals and objectives of the Public Health and Safety Element of the City
of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda/San
Sevaine Local Drainage Area caused by new development, certain public drainage improvements
must be or had to be constructed. The City Council determined that a development impact fee is
needed to finance these public improvements and to assess such fee for a development's share
of the construction costs of these improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based
on net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Fund 115 — Drainage-Henderson/Wardman:
In order to implement the goals and objectives of the Public Health and Safety Element of the City
of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the
Henderson/Wardman Local Drainage Area caused by new development, certain public drainage
improvements must be or had to be constructed. The City Council determined that a development
impact fee is needed to finance these public improvements and to assess such fee for a
development's share of the construction costs of these improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based
on net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Fund 116 — Etiwanda Drainage:
In order to implement the goals and objectives of the Public Health and Safety Element of the City
of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda
Local Drainage Area caused by new development, certain public drainage improvements must
be or had to be constructed. The City Council determined that a development impact fee is
needed to finance these public improvements and to assess such fee for a development's share
of the construction costs of these improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based
on net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Page 229
Fund 118 — Etiwanda Drainage/Upper Etiwanda:
In order to implement the goals and objectives of the Public Health and Safety Element of the City
of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda
Drainage/Upper Etiwanda Local Drainage Area caused by new development, certain public
drainage improvements must be or had to be constructed. The City Council determined that a
development impact fee is needed to finance these public improvements and to assess such fee
for a development's share of the construction costs of these improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based
on per net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Fund 119 — Park Improvement:
The intent of this impact fee is to provide funding for park improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per
capita costs and average population per dwelling unit. The impact fee per dwelling unit varies
depending on the development type.
Fund 120 — Park Development:
The intent of this fee is to provide for the acquisition, development, and initial equipment of new
parks or the expansion of land or services on existing parks in accordance with the park, parkway,
and open space element of the Rancho Cucamonga General Plan.
Following the adoption of Ordinance No. 865, the Park Land Acquisition, and Park Improvement,
and the Community and Recreation Center Impact fees replaced the fees collected under the
Park Development Fee.
Fund 122 — South Etiwanda Drainage:
In order to implement the goals and objectives of the Public Health and Safety Element of the City
of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the South
Etiwanda Local Drainage Area caused by new development, certain public drainage
improvements must be or had to be constructed. The City Council determined that a development
impact fee is needed to finance these public improvements and to assess such fee for a
development's share of the construction costs of these improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based
on net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Page 230
Fund 123 — Library:
The City has two existing libraries, the Archibald Library and the Paul A. Biane Library which is
part of the Victoria Gardens Cultural Center. The Paul A. Biane Library includes space for future
expansion, and the City will assess the need for the Joint Use Facility at The Resort. In order to
provide funds for library facilities and materials needed to serve future development, the City
Council determined that a development impact fee is needed for land acquisition and site
improvements; building construction or expansion; interior building improvements; furniture,
fixtures, and equipment; library materials; theatre facilities; special needs equipment and facilities;
technical centers; and special activities facilities.
Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per
capita costs for library facilities and materials and average population per dwelling unit. The
impact fee per dwelling unit varies depending on the development type.
Fund 124 —Transportation:
In order to implement the goals and objectives of the Circulation Element of the City of Rancho
Cucamonga's General Plan and to mitigate the traffic impacts caused by new development and
redevelopment in the City, certain thoroughfares and bridges must be improved or constructed.
The City Council has determined that a development impact fee is needed in order to finance
these public improvements and to pay for the development's fair share of the costs of these
improvements.
Impact fees are calculated based upon the equivalent dwelling unit based upon the land use type
as adopted in Resolution No. 20-005. The impact fee per equivalent dwelling unit varies
depending on the development type.
Fund 125 —Animal Center:
The City's existing Animal Center is at capacity and additional space will be needed for growing
demand imposed by future development. In order to meet that demand, the City Council has
determined that development impact fee is needed for land acquisition and site improvements;
building construction and expansion; interior building improvements; furniture, fixtures, and
equipment; special needs equipment and facilities; veterinarian equipment and facilities;
transportation facilities; kennel facilities; transportation facilities; and outdoor dog runs and play
areas.
Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per
capita costs for existing facilities and average population per dwelling unit. The impact fee per
dwelling unit varies depending on the development type
Page 231
Fund 126 — Lower Etiwanda Drainage:
In order to implement the goals and objectives of the Public Health and Safety Element of the City
of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Lower
Etiwanda Local Drainage Area caused by new development, certain public drainage
improvements must be or had to be constructed. The City Council determined that a development
impact fee is needed to finance these public improvements and to assess such fee for a
development's share of the construction costs of these improvements.
Impact fees for this fund are calculated in accordance with Resolution No. 06-032 at a rate based
on net acreage of the development as it relates to the benefit and impact area with the specific
public improvements to be financed.
Fund 127 — Police:
The City's existing police facility is at capacity and additional space is needed to serve the growing
demand imposed by future development. The impact fee for police facilities is based on the
existing relationship between the Police Department calls for service per year generated by
existing development and the replacement cost of the department's existing facilities. The funds
will provide for land acquisition and improvements; building construction; furniture, fixtures, and
equipment; technical centers and transportation facilities for the City's Police Department.
Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the
average cost per call for service and the calls per unit. The impact fee per dwelling unit varies
depending on the development type.
Page 232
Summary of Fees as of June 30, 2020
Page 233
Fees effective as of June 30, 2020:
Park In-Lieu/Park Impact (per dwelling unit)
Park Land Acquisition In-Lieu Fee (In Subdivisions)
Residential, Single Family (Detached) $5,756
Residential, Multi Family $3,921
Park Land Acquisition Impact Fee (No Subdivision)
Residential, Single Family (Detached) $4,768
Residential, Multi Family (Attached) $3,247
Assisted Living Facility $1,520
Park Improvement Impact Fee (per dwelling unit)
Residential, Single Family (Detached) $2,805
Residential, Multi Family (Attached) $1,911
Assisted Living Facility $894
General City Drainage Fee (per net acre) $21,368
Etiwanda/San Sevaine Drainage Area Fee (per net acre)
Total Fee = (1) Regional Mainline + (1) Secondary Regional + (1) Master Plan
Regional Mainline Fee
Upper Etiwanda $7,800
San Servaine $2,500
Lower Etiwanda $0
Secondary Regional Fee
Henderson/Wardman $6,400
Hawker-Crawford $4,700
Victoria Basin $400
Upper Etiwanda Interceptor $2,000
Master Plan Fee
Upper Etiwanda $8,900
San Servaine $2,900
Lower Etiwanda $16,500
Middle Etiwanda $32,199
Library Impact Fee (per dwelling unit)
Residential, Single Family (Detached) $636
Residential, Multi Family (Attached) $434
Assisted Living Facility $202
Animal Center Impact Fee (per dwelling unit)
Residential, Single Family (Detached) $137
Residential, Multi Family (Attached) $94
Page 234
Fees effective as of June 30, 2020 (Continued):
Police Impact Fee
Residential, Single Family (Detached) (per dwelling unit) $183
Residential, Multi Family (Attached) (per dwelling unit) $208
Assisted Living Facilities (per dwelling unit) $44
Commercial/Retail KSF (per 1000 sf) $566
Office KSF (per 1000 sf) $131
Industrial KSF (per 1000 sf) $49
Hotel/Motel (per room) $69
Community and Recreation Center Impact Fee (per dwelling unit)
Residential, Single Family (Detached) $1,913
Residential, Multi Family (Attached) $1,304
Assisted Living Facility $610
Transportation Development Fees
Single Family Dwelling Unit (per unit) $12,131
Multi-Family Dwelling Unit (per unit) $7,279
Apartment or Condominium (per unit) $7,279
Senior Housing-Attached (Apartments or Condos) (per bedroom) $2,426
Nursing/Congregate Care (per bedroom) $2,426
Commercial (per 1,000 sf) $18,197
Industrial (per 1,000 sf) $7,279
Warehouse (per 1,000 sf) $6,066
Office/Business Park (per 1,000 sf) $14,557
Hotel/Motel (per room) 9,705
Self-Storage (per storage unit) $243
Day Care (per student) $3,033
Service Station (per gas pump) $60,655
Page 235
CITY OF RANCHO CUCAMONGA
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer
Sandra Salazar, Associate Engineer
SUBJECT: Consideration to Award a Contract to Elecnor Belco Electric, Inc., in the
Amount of$209,074, plus a 10% Contingency for the Fiscal Year 2020/21
Traffic Signal Modifications Project. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the plans and specifications for the Fiscal Year 2020/21 Traffic Signal
Modifications Project (Project);
2. Accept the bids received for the Project;
3. Award and authorize the execution of a contract to Elecnor Belco Electric, Inc., in the
amount of$209,074; as being the lowest responsive bidder;
4. Authorize the expenditure of a 10% contingency in the amount of$20,907; and
5. Authorize a Purchase Order in the amount of$15,400 to Onward Engineering for on-call
construction inspection services.
BACKGROUND:
Cucamonga Valley Water District (CVWD) has requested that the City remove and relocate an
existing traffic signal conduit that conflicts with a CVWD water line. The conduit in conflict is
presumed to have been installed after the CVWD utility was constructed since it is located above
the water line. The conflict is located along the south side of the intersection at Foothill Boulevard
and Etiwanda Avenue. This conflict prompted the design of the proposed traffic signal
modifications at this intersection.
Further, the Public Works Services Department surveyed existing traffic signal intersections to
recommended upgrades and modify existing traffic signal equipment that is deteriorating. Two
locations were selected because of failures due to the wiring and equipment reaching the end of
their life cycle. The traffic signal cabinets located at Lemon Avenue and Carnelian Street and at
Base Line Road and Etiwanda Avenue were installed in 1984 and 1991 respectively. On-going
issues with the traffic signal cabinets and wiring currently require a substantial amount of
maintenance and result in a number of calls for service from the public, prompting the need for
the traffic signal modifications at these intersections.
The Engineering Services Department and Public Works Services Department have combined
these traffic signal modifications into one project to receive better prices from potential
contractors.
Page 236
ANALYSIS:
The scope of work for the Project consists of, but is not limited to, installation of conduits,
conductors, wires, pull boxes, re-wiring, traffic signal cabinets, related traffic signal equipment,
trenching and paving, and sidewalk repair. A vicinity map is included as Attachment 1.
The Notice Inviting Bids was released to the general contracting community and was published
in the Daily Bulletin on December 8, and December 15, 2020. The City Clerk's Office facilitated
the formal solicitation for bidding the project.
On December 22, 2020, the City Clerk's Office received six (6) construction bids. A full bid
summary is included as Attachment 2. The Engineer's estimate for the project was $230,000. The
apparent low bidder, Elecnor Belco Electric, Inc., submitted a bid in the amount of$209,074.
Engineering staff has reviewed all bids received and found all to be complete and in accordance
with the bid requirements with any irregularities being inconsequential. Staff has completed the
required background investigation and finds the lowest responsive bidder Elecnor Belco Electric
Inc., meets the requirements of the bid documents.
ENVIRONMENTAL:
Staff has determined that the project is Categorically Exempt per Section 15301 "Existing
Facilities" subsection (c), Class 1 of the California Environment Quality Act (CEQA).
FISCAL IMPACT:
Anticipated construction costs for the Project are estimated to be as follows:
Expenditure Category Amount
Construction Contract $209,074
Construction Contract $20,907
Contingency (10%)
Construction Inspection Services $15,400
Estimated Construction Costs $245,381
A total of$276,000 has been budgeted in Fiscal Year 2020/21 from the Gas Tax R&T 7360 (Fund
174) for design and construction of the Project. A portion of the funds has been utilized for the
design and required advertising of the Project. Therefore, an amount of $272,100 remains
available to cover this contract under the Capital and Public Works Project Account No. below
and no additional appropriations are required.
Account No. Funding Source Description Amount
1174303-5650/2031174-0 Gas Tax (174) Traffic Signal Mod $96,925
Foothill @ Etiwanda
1174303-5650/2035174-0 Gas Tax (174) Traffic Signal Mod — $175,175
Various Locations
Total Project Funding: $272,100
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's vision for the City by ensuring the construction of high-
quality public improvements that promote a world class community.
Page 2
Page 237
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Bid Summary
Page 3
Page 238
FISCAL YEAR 2020/21
TRAFFIC SIGNAL MODIFICATIONS PROJECT
VICINITY MAP
NOT TO SCALE
Hillside Rd
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Project Location(s)
1 of 3: Intersection of Lemon Ave and Carnelian St N
2 of 3: Intersection of Etiwanda Ave and Base Line Rd
3 of 3: Intersection of Etiwanda Ave and Foothill Blvd
ATTACHMENT 1
Page 239
FY 2020/21 Traffic Signal Modifications Project
BID SUMMARY FOR BID OPENING DECEMBER 22,2020 APPARENTLOWBIDDER 2 3 4 $ 6
ENGINEER'S ESTIMATE
FISCAL YEAR 2021/20 TRAFFIC SIGNAL MODIFICATIONS PROJECT Elecnor BelcO Electric,Inc. DB%,Ina Crosstown Asplundh CaIProMax Alfaro)ACCI)
BID SCHEDULE UNIT UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID
NO. QTY. UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT
1 1 LS Mobilization $ 11,000.00 $ 11,000.00 $ 10.000.00 $ 10,000.00 $ 3.000.00 $ 3.000.00 $ 5,000.00 $ 5.000.00 $ 5.000.00 $ 5,000.00 $ 6.000.00 $ 6.000.00 $ 4,500.00 $ 4.500.00
Clearing&Grubbing and Removals W,,ding Haul&Disposal
2 1 LS of Material S 6.000.00 6.000.00 S 2.000.00 S 2.000.00 250.00 250.00 S 1.500.00 1.500.00 10 000.00 10 000.00 3.500.00 3.500.00 5.000.00 S 5.000.00
T,ff,Signal Modlicatnns at Lemon Ave and Camelian Street
s shown on project plans except re inng of exslin9
3 1 LS ntersection. 46 000.00 45 000.00 S 54 087.00 1 S 54 087.00 52 500.00 52 500.00 48 175.00 48 175.00 90 650.00 90 650.00 83 000.00 83 000.00 94 000.00 94 000.00
Re-wire emoting signalized intersection at Lemon Ave and
4 1 LS Carnefan St(sea plans) 23000.00 23000.00 14000.00 S 14000.00 24900.00 S 24900.00 19225.00 19225.00 19250.00 19250.00 29000.00 S 29000.00 20000.00 20000.00
Treff Signal Modfications st Base Line Rd and Etw nda Ave
s shown on project pans except re-winng of existing
5 1 LS Intersection. 45 000.00 45 000.00 54 087.00 54 087.00 52 500.00 52 500.00 48 175.00 48175.00 94 900.00 94 900.00 83 000.00 83 000.00 93 000.00 93 000.00
Re-wire-a ing sgnalized intersection at Base Line Rd and
6 1 LS Etiwanda Ave(see plans) 23000.00 23000.00 14000.00 S 14000.00 24900.00 24900.00 S 25725.00 25725.00 22000.00 22000.00 28000.00 28000.00 20000.00 20000.00
Trsff,Signal Modifications at Foothill BIM and Etiwanda Ave
s shown on project pans except se inng of exsfng
7 1 LS ntersection 30 000.00 30 000.00 8,000.00 8,000.00 3,500.00 3,500.00 17 385.00 17 385.00 18 200.00 18 200.00 23 000.00 S 23 000.00 35 000.00 S 35 000.00
Re-wire exsting sgnallmd Intersection at Foothill BIM and
Etiwanda Ave.Includes conduit trenching,condu8 removal,
6 1 LS MiDamq.and bonny has plans) 25 000.00 25 000.00 43 000.00 S 43 000.00 47,800.00 47,800.00 43 323.00 43 323.00 21 200.00 21 200.00 26 000.00 28 000.00 30 000.00 30 000.00
9 7 EA Potholina(F0001II6Etiwanda) $ 1.000.00 $ 7,000.00 $ 700.00 $ 4.900.00 $ 250.00 $ 1.750.00 $ 850.00 $ 5.950.00 $ 800.00 $ 5,600.00 $ 600.00 $ 4.200.00 $ 2,000.00 $ 14.000.00
10 1 LS Tn#f.Control $ 15.000.00 $ 15,000.00 $ 5.000.00 $ 5.000.00 $ 2.500.00 $ 2.500.00 $ 3.500.00 $ 3.500.00 $ 5.000.00 $ 5,000.00 $ 5.000.00 $ 5.000.00 $ 6,000.00 $ 6.000.00
TOTAL BID SCHEDULE AMOUNTS= $ 230,000.00 $ 209,0]4.00 $ 213.800.00 $ 217,958.00 $ 291,800.00 $ 292,]00.00 $ 321,500.00
ATTACHMENT 2
Page 240
CITY OF RANCHO CUCAMONGA
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer
Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 01 to the Agreement with Henkels &
McCoy, Inc. (CO#19-148) in the amount of $249,611, plus a 5%
Contingency for the Comar Inc. Power Upgrade Project and Authorization
of an Appropriation in the Amount of$262,091. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the plans and specifications for the Comar Inc. Power Upgrade Project (Project);
2. Award and authorize the execution of an amendment to the existing agreement with
Henkels & McCoy, Inc. (CO19-148), the lowest responsive bidder for the Project, in the
amount of$249,611;
3. Authorize the expenditure of a 5% contingency in the amount of$12,480; and
4. Authorize an appropriation in the amount of$262,091 to Account 1705303-5650/2054705-
0 (Capital Project/Comar Power Upgrade) from the Municipal Utility Fund (Fund 705).
BACKGROUND:
The industrial building located at 9595 Utica Ave is a 227,000 square foot industrial distribution
facility built and completed in 2019. The building was built as a spec-building (i.e., the ultimate
tenant was unknown at the time of development) with a single 4000 Amp electrical service. The
current occupant of the industrial building, Comar Inc. requested that RCMU provide a large
power design upgrade to the site in December 2019 in anticipation of new manufacturing
machinery that will be used at the facility. Comar Inc. produces high-quality plastic molding for
the healthcare industry.
RCMU staff and the Comar Inc. design team have been working on the design upgrade for almost
a year. The scope of work for this Project consists of, but is not limited to removal and upgrade of
the existing pad mounted switch and transformer to two (2) new larger size switches and four (4)
new transformers and installing new cabling infrastructure including cables, and connections
needed to interconnect to RCMU's existing infrastructure. All upgrades and improvements will be
paid for by Comar Inc.
ANALYSIS:
A request for proposals was prepared and sent out to three (3) pre-qualified vendors on December
17, 2020. On January 13, 2021, three (3) bids were received for the Project. Staff reviewed the
bids and finds Henkels & McCoy Inc. to bethe lowest responsive bidder for the above-mentioned
Project. A copy of Amendment No. 01 to the Agreement with Henkels & McCoy Inc. is on file with
Page 241
the City Clerk's Office.
FISCAL IMPACT:
An appropriation in the amount of$262,091 from the Municipal Utility Fund (Fund 705)to Account
No. 1705303-5650/2054705-0 (Capital Project-Comar Power Upgrade) is needed to fully fund the
Project. Upon completion of the work, Comar Inc. will reimburse RCMU for the cost of the
proposed upgrades.
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's vision for the City by ensuring the construction and
maintenance of high-quality public improvements that promote a world class community.
ATTACHMENTS:
N/A
Page 2
Page 242
H6NOfl �
CITY OF • CUCAMONGA
T
x2r,
DATE: February 3, 2021
TO: Mayor and Members of the City Council
President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer
Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 02 to the Agreement with Pacific Utility
Installation Inc. (CO#19-085) in the Amount of $60,975, plus a 5%
Contingency for the Fire Station 3 - SCE Exit to RCMU Project and
Authorization an Appropriation in the Amount of$6,525. (CITY/FIRE)
RECOMMENDATION:
Staff recommends that the City Council/ Fire Board:
1. Approve the plans and specifications for the Fire Station 3 — SCE Exit to RCMU Project
(Project);
2. Award and authorize the execution of an amendment to the existing agreement with
Pacific Utility Installation, Inc. (CO#19-085), the lowest responsive bidder for the Project,
in the amount of$60,975;
3. Authorize the expenditure of a 5% contingency in the amount of$3,050; and
4. Authorize an appropriation in the amount of$6,525 to Account 1705303-5650/2036705-
0 (Capital Project/Fire Station 3-Exit to RCMU) from the Municipal Utility Fund (Fund
705).
BACKGROUND:
Fire Station 3, located at 12270 Firehouse Court, currently obtains electric service from Southern
California Edison (SCE). The Rancho Cucamonga Municipal Utility (RCMU) has been providing
electric service to the greenfield (i.e., previously undeveloped) areas adjacent to Fire Station 3
over the last 2 years as new residential and commercial developments have been built. In
consultation with the City Manager and the Rancho Cucamonga Fire Protection District, staff
believes that, where feasible, existing City and Fire facilities, should be transferred from SCE
service to RCMU as opportunities arise.
The scope of work for this Project consists of, but is not limited to, connection of the fire station to
RCMU's existing distribution equipment, furnishing and installing new substructure and cabling
infrastructure including cables, connections, and a transformer needed to interconnect to RCMU's
existing infrastructure.
Page 243
ANALYSIS:
A request for proposals was prepared and sent out to three (3) pre-qualified vendors on December
17, 2020. On January 13, 2021, three (3) bids were received for the Project. Staff reviewed the
bids and finds Pacific Utility Installation, Inc. to be the lowest responsive bidder for the above-
mentioned project. A copy of Amendment No. 02 to the Agreement with Pacific Utility Installation,
Inc. is on file with the City Clerk's Office.
FISCAL IMPACT:
A total of$57,500 has been budgeted in Fiscal Year 2020/21 from the Municipal Utility Fund (Fund
705). An appropriation in the amount of $6,525 from the Municipal Utility Fund (Fund 705) to
Account 1705303-5650/2036705-0 (Capital Project-Fire Station 3-Exit to RCMU) is needed to
fully fund the Project.
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's vision for the City by ensuring the construction and
maintenance of high-quality public improvements that promote a world class community.
ATTACHMENTS:
N/A
Page 2
Page 244
CITY OF RANCHO CUCAMONGA
$l
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Anne McIntosh, AICP, Planning Director
Flavio Nunez, Management Analyst II
SUBJECT: Approval and Execution of a Purchase and Sale Agreement Between the
City of Rancho Cucamonga and Core5 Industrial Partners, LLC for
Property Commonly Known as APN 0229-021-97-0000 Generally
Located at the North East Corner of Arrow Route and Rochester Avenue.
(CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the Purchase and Sale Agreement, for the
disposition of surplus property commonly known as APN 0229-021-97-0000, generally located at
the north east corner of Arrow Route and Rochester Avenue (Subject Property), and authorize
the City Manager to execute documents related to the disposition of Subject Property.
BACKGROUND:
In 2015 the City acquired the Subject property and has reminded vacant since its acquisition. On
May 20, 2020 the City Council approved Resolution No. 2020-037 (See Attachment 1) declaring
pursuant to Government Code Section 54221 that real property owned by the City located at the
north east corner of Arrow Route and Rochester Avenue (APN: 0229-021-97-0000) is surplus
land and not necessary for the City's use, finding that such declaration is exempt from
environmental review under the California Environmental Quality Act.
ANALYSIS:
The Subject Property is approximately 2.888 gross acres of vacant unimproved land zoned
General Industrial in the City's industrial area. Since its acquisition in 2015 the property has not
been necessary for City use. Upon declaring the property surplus, the City received an
unsolicited offer to sell the property. The City negotiated a Purchase and Sale Agreement in
August of 2020 however, that transaction was terminated by the buyer on October 16, 2020. The
City then placed the property on the market and received an acceptable purchase offer from
Core5 Industrial (the "Buyer"). At this time the Purchase and Sale Agreement has not be finalized.
Should the draft Purchase and Sale Agreement be finalized and executed by the Buyer the
Agreement will be provided to Council prior to the meeting.
FISCAL IMPACT:
There is no impact to the City's General Fund because of this action. Proceeds from the sale of
the property will go back into the Capital Reserves Fund.
Page 245
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This action does not specifically address a City Council goal; however, this action is consistent
with the City Council's decision on May 20, 2020 to declare the Subject Property surplus.
ATTACHMENTS:
Attachment 1 — Resolution 2020-037
Page 2
Page 246
Recorded in Official Records
RECORDING REQUESTED BY County of San Bernardino
City of Rancho Cucamonga
Bob Dutton
AND WHEN RECORDED MAIL DOCUMENT TO:
Assessor-Recorder-County Clerk
DOC N 2020-0192133
NAME CityClerk
06/11/2020 Titles: 1 Pages: 6
STREET 08:09 AM
ADDRESS P.O. Box 807 SAN Fees: 0.00
Taxes: 0.00
G8467 CA SB2 Fee: 0.00
STATE
g Rancho Cucamonga, CA 91730 Total: 0.00
ZIP CODE
Exempt from recording fees pursuant to Govt.Cod.Sec.27383
SPACE ABOVE FOR RECORDER'S USE ONLY
Resolution No. 2020-037
Title of Document
TH , S A R'' EA'11 FOR
RECOR' ' DIIIER 3
Ly'
U,SE ON
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Page 247
RESOLUTION NO. 2020-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA DECLARING PURSUANT TO
GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY
OWNED BY THE CITY LOCATED AT THE NORTH EAST CORNER OF
ARROW ROUTE AND ROCHESTER AVENUE (APN: 0229-021-97-0000)
IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE,
FINDING THAT SUCH DECLARATION IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS.
WHEREAS, the City of Rancho Cucamonga ("City") is the owner in fee simple of
that certain real property described in Exhibit "A," attached hereto and made a part of
hereof("Property"); and
WHEREAS, under the Surplus Property Land Act, Government Code Sections
54220-54233 ("Act"), surplus land is land owned in fee simple by the City for which the
City Council takes formal action in a regular public meeting declaring the land is surplus
and not necessary for the City's use. The land must be declared either surplus land or
exempt surplus land; and
WHEREAS, under the Act, land is necessary for the City's use if the land is being
used, or is planned to be used pursuant to a written plan adopted by the City Council, for
City work or operations; and
WHEREAS, the Property is vacant industrial zoned land and is not currently being
used by the City; and
WHEREAS, City staff has evaluated the Property for its potential to be used for
City work or operations; and
WHEREAS, City staff has determined that the Property is not suitable for the City's
use; and
WHEREAS, the City Council desires to declare that the Property is surplus land
and not necessary for the City's use; and
WHEREAS, the Act requires that before the City Council disposes of the Property
or engages in negotiations to dispose of the Property, the City shall send a written notice
of availability of the Property to certain designated entities; and
WHEREAS, the accompanying staff report provides supporting information upon
which the declaration and findings set forth in this Resolution are based;
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Resolution No. 2020-037 - Page 1 of 5 Page 248
Section 2. The City Council hereby declares that the Property is surplus land
and not necessary for the City's use.
Section 3. The City Clerk is hereby directed to send a notice of availability,
substantially in the form attached hereto as Exhibit "B" and made a part of hereof, to the
entities designated in Government Code Section 54222 ("Designated Entities") by
electronic mail or by certified mail.
Section 4. This Resolution has been reviewed with respect to the applicability
of the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) ("CEQA").
Section 5. The City Clerk is directed to file a Notice of Exemption pursuant to
CEQA Guidelines Section 15062.
Section 6. The officers and staff of the City are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the
purposes of this Resolution, and any such actions previously taken are hereby ratified
and confirmed. Such actions include negotiating in good faith in accordance with the
requirements of the Act with any of the Designated Entities that submit a written notice of
interest to purchase or lease the Property in compliance with the Act.
Resolution No. 2020-037 - Page 2 of 5 Page 249
PASSED, APPROVED and ADOPTED this 20th day of May, 2020.
L. Dennis Michael, May
ATTEST:
k
4nice C. Reynol s, City Cler
k
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
1, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of
May 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None CI-10
ABSTAINED: None `O� CVO
Q.O=
NC?V 00, :�=
O` =077 :g4
Executed this 21 st day of May, 2020, at Rancho Cucamonga, California. l% *
CITY OF RANCHO CUCAMONGA
THE FOREGOING INSTRUMENT IS A CORRECT -. J
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
ATTEST: MAI 20 �
4'- JI nice C. Reynolds,Clerk
LINDAA.TROYAN,MMC
CITY CLERK SERVICES DIRECTOR
MH O CUC GA,CAL 7NIA
SY:
Resolution No. 2020-037 - Page 3 of 5 Page 250
Exhibit A
Legal Description. The west 350.05 feet of Lot 105 of Map of Rochester, In the City of
Rancho Cucamonga, County of San Bernardino, State of California, as per Map filed in
Book 9 of Maps, Page 20, records of said County, together with the east 60 feet of Orange
Avenue adjoining said lot on the west, vacated and abandoned by order of Board of
Supervisors of San Bernardino County, A Certified Copy of which was recorded
December 18, 1936, in Book 1177, Page 320 of Official Records excepting therefrom that
portion of property conveyed to the County of San Bernardino by Deed Recorded
September 28, 1925 in Book 17, page 414 of official record.
Resolution No. 2020-037 - Page 4 of 5 Page 251
Exhibit B
NOTICE OF AVAILABILITY OF SURPLUS LAND
TO: Whom It May Concern
(Via Electronic Mail [and/or] Certified Mail)
RE: Notice of Availability of Surplus Land in the City of Pursuant to California
Government Code Section 54220, et seq.
Pursuant to the provisions of California Government Code Section 54220, et seq., the City of
hereby notifies interested parties of the availability for lease or purchase of the following surplus City-owned
land:
Property Address:
Assessor Parcel No.:
Lot Size:
Lot Width:
Lot Depth
Zoning:
General Plan Designation:
Current Use:
[INSERT OR ATTACH AERIAL IMAGE AND/OR ASSESSOR MAP]
[INSERT OPTIONAL ADDITIONAL INFORMATION]
An entity or association desiring to purchase or lease the above-described surplus land for any of the
purposes authorized by Government Code Section 54222, must notify the City in writing of its interest in
purchasing or leasing the land within 60 days of the date of this Notice of Availability as indicated by the
date set forth below.
Please send written notices of interest to:
City of City Clerk
For further information, please send e-mail inquiries to: at
or call at
By Date
Resolution No. 2020-037 - Page 5 of 5 Page 252
CITY OF RANCHO CUCAMONGA
$l
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer
Brian Sandona, Sr. Civil Engineer
SUBJECT: Consideration to Order the Annexation to Landscape Maintenance
District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related
to Case No. DRC2016-00593, Located on the Southwest Corner of
Haven Avenue and Church Street. (RESOLUTION NO. 2021-003),
(RESOLUTION NO. 2021-004), (RESOLUTION NO. 2021-005) (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the attached resolutions ordering the annexation
into Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2
related to Case No. DRC2016-00593.
BACKGROUND:
Case No. DRC2016-00593 was approved by Planning Commission on March 8, 2017 for the
construction of a 92-unit residential care facility located on the southwest corner of Haven Avenue
and Church Street. This project was approved subject to a condition to be annexed into the
appropriate Landscape and Street Light Maintenance Districts.
ANALYSIS:
The owner, HSH Rancho Owner CA, LLC. has submitted the Consent and Waiver to Annexation
Forms for Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1
and 2. Copies of these forms are on file with the City Clerk's Office.
FISCAL IMPACT:
The proposed annexations would supply additional annual revenue into the landscape and street
light maintenance districts in the following amounts:
Landscape Maintenance District No. 1: $4,241.66
Street Light Maintenance District No. 1: $1,634.84
Street Light Maintenance District No. 2: $3,677.24
Further, the development will construct nine street trees on Church Street that will need to be
maintained by the City. No street lights will be constructed for this project.
Page 253
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's vision for the City by ensuring the maintenance of high-
quality public improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD1
Attachment 3 - Resolution Ordering Annexation SLD1
Attachment 4 - Resolution Ordering Annexation SLD2
Page 2
Page 254
Vicinity Map
DRC2016-00593
NOT TO SCALE
Project Site
Q
2 Y
v v
c C
a n
0
N
ATTACHMENT 1
Page 255
RESOLUTION NO. XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR
PROJECT CASE NO. DRC2016-00593
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Landscape Maintenance
District No. 1 (General City) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
Resolution No. XX-XXX— Page 1 of 5
ATTACHMENT 2
Page 256
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
C. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. XX-XXX— Page 2 of 5
Page 257
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
HSH RANCHO OWNER CA, LLC
The legal description of the Property is:
THE "REMAINDER PARCEL" ON THE MAP OF TRACT NO. 17435, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP FILED IN BOOK 326, PAGES 19 THROUGH 23, INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor's Parcels Numbers of the Property:
1077-881-13-0000
Resolution No. XX-XXX— Page 3 of 5
Page 258
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Landscape Maintenance District No. 1 (General City):
Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents
various landscaped areas, parks and community trails located at various sites throughout the City.
These sites consist of several non-contiguous areas throughout the City. As such, the parcels
within this District do not represent a distinct district area as do the other LMD's within the City.
Typically, new parcels within this District have been annexed upon development.
The various sites maintained by the District consist of parkways, median islands, paseos, street
trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East
and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park,
and the undeveloped Don Tiburcio Tapia Park.
Proposed additions to the Improvements for Project Case No. DRC2016-00593
Nine Street trees on Church Street
Resolution No. XX-XXX— Page 4 of 5
Page 259
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Landscape Maintenance District No.1 (General City):
The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City)
for Case No. DRC2016-00593:
EBU* Rate per
Land Use Basis Factor EBU*
Single Family Residential Parcel 1.00 $92.21
Multi-Family Residential Unit 0.50 92.21
Non-Residential Acre 2.00 92.21
The proposed annual assessment for the property described in Exhibit A is as follows:
92 Units x 0.50 EBU Factor x $92.21 Rate per EBU = $4,241.66 Annual Assessment
Resolution No. XX-XXX— Page 5 of 5
Page 260
RESOLUTION NO. XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. DRC2016-00593
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Street Light Maintenance
District No. 1 (Arterial Streets) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
Resolution No. XX-XXX— Page 1 of 5
ATTACHMENT 3
Page 261
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
C. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. XX-XXX— Page 2 of 5
Page 262
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
HSH RANCHO OWNER CA, LLC
The legal description of the Property is:
THE "REMAINDER PARCEL" ON THE MAP OF TRACT NO. 17435, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 326, PAGES 19 THROUGH 23, INCLUSIVE OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
Assessor's Parcels Numbers of the Property:
1077-881-13-0000
Resolution No. XX-XXX— Page 3 of 5
Page 263
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Street Light Maintenance District No. 1 (Arterial Streets):
Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to
fund the maintenance and/or installation of street lights and traffic signals located on arterial
streets throughout the City. These sites consist of several non-contiguous areas throughout the
City.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
Proposed additions to the Improvements for Project Case No. DRC2016-00593:
0 Street lights
Resolution No. XX-XXX— Page 4 of 5
Page 264
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Street Light Maintenance District No.1 (Arterial Streets):
The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)
for Case No. DRC2016-00593:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
92 Units x 1.00 EBU Factor x $17.77 Rate per EBU = $1,634.84 Annual Assessment
Resolution No. XX-XXX— Page 5 of 5
Page 265
RESOLUTION NO. XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE
NO. DRC2016-00593
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Street Light Maintenance
District No. 2 (Local Streets) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
Resolution No. XX-XXX— Page 1 of 5
ATTACHMENT 4
Page 266
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
C. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. XX-XXX— Page 2 of 5
Page 267
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
HSH RANCHO OWNER CA, LLC
The legal description of the Property is:
THE "REMAINDER PARCEL" ON THE MAP OF TRACT NO. 17435, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP FILED IN BOOK 326, PAGES 19 THROUGH 23, INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor's Parcels Numbers of the Property:
1077-881-13-0000
Resolution No. XX-XXX— Page 3 of 5
Page 268
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Street Light Maintenance District No. 2 (Local Streets):
Street Light Maintenance District No. 2 (Local Streets) (the "Maintenance District") is used to fund
the maintenance and/or installation of street lights and traffic signals located on local streets
throughout the City but excluding those areas already in another local maintenance district.
Generally, this area encompasses the residential area of the City west of Haven Avenue.
The sites maintained by the District consist of street lights on local streets and traffic signals (or
a portion thereof) on local streets generally west of Haven Avenue.
Proposed additions to the Improvements for Project Case No. DRC2016-00593:
0 Street lights
Resolution No. XX-XXX— Page 4 of 5
Page 269
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Street Light Maintenance District No. 2 (Local Streets):
The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets)
for Case No. DRC2016-00593:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $39.97
Multi-Family Residential Unit 1.00 39.97
Non-Residential Acre 2.00 39.97
The proposed annual assessment for the property described in Exhibit A is as follows:
92 Units x 1.00 EBU Factor x $39.97 Rate per EBU = $3,677.24 Annual Assessment
Resolution No. XX-XXX— Page 5 of 5
Page 270
CITY OF RANCHO CUCAMONGA
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer
Annette Cano-Soza, Assistant Engineer
SUBJECT: Consideration to Order the Annexation to Landscape Maintenance
District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related
to Case No. PMT2020-04723, Located at 5789 Cabrosa Place.
(RESOLUTION NO. 2021-006), (RESOLUTION NO. 2021-007),
(RESOLUTION NO. 2021-008) (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the attached resolutions ordering the annexation
into Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2
related to Case No. PMT2020-04723.
BACKGROUND:
Case No. PMT2020-04723 was submitted to the Building and Safety Services Department on
November 25, 2020 for the construction of a 464 square foot first floor addition, 594 square foot
second floor addition, a 240 square foot patio, and a 204 square foot balcony extension located
at 5789 Cabrosa Place. The City's municipal code requires the applicant sign Consent and Waiver
Forms to annex the subject property to the appropriate Landscape and Street Light Maintenance
Districts.
ANALYSIS:
The owner, Residential Rehab, Inc. has submitted the Consent and Waiver to Annexation Forms
for Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2.
Copies of these forms are on file with the City Clerk's Office.
FISCAL IMPACT:
The proposed annexations would supply additional annual revenue into the landscape and street
light maintenance districts in the following amounts:
Landscape Maintenance District No. 1: $92.21
Street Light Maintenance District No. 1: $17.77
Street Light Maintenance District No. 2: $39.97
Further, the development will construct no streetlights and no street trees that will need to be
maintained by the City.
Page 271
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's vision for the City by ensuring the maintenance of high-
quality public improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD1
Attachment 3 - Resolution Ordering Annexation SLD1
Attachment 4 - Resolution Ordering Annexation SLD2
Page 2
Page 272
Vicinity Map
PMT2020-04723
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ATTACHMENT 1
Page 273
RESOLUTION NO. XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR
PROJECT CASE NO. PMT2020-04723
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Landscape Maintenance
District No. 1 (General City) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
Resolution No. XX-XXX— Page 1 of 5
ATTACHMENT 2
Page 274
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
C. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. XX-XXX— Page 2 of 5
Page 275
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
RESIDENTIAL REHAB INC
The legal description of the Property is:
PARCEL MAP 13692 PARCEL 1 BOOK 167 PAGE 94
Assessor's Parcels Numbers of the Property:
0201-182-33-0000
Resolution No. XX-XXX— Page 3 of 5
Page 276
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Landscape Maintenance District No. 1 (General City):
Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents
various landscaped areas, parks and community trails located at various sites throughout the City.
These sites consist of several non-contiguous areas throughout the City. As such, the parcels
within this District do not represent a distinct district area as do the other LMD's within the City.
Typically, new parcels within this District have been annexed upon development.
The various sites maintained by the District consist of parkways, median islands, paseos, street
trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East
and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park,
and the undeveloped Don Tiburcio Tapia Park.
Proposed additions to the Improvements for Project Case No. PMT2020-04723:
0 Street trees
Resolution No. XX-XXX— Page 4 of 5
Page 277
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Landscape Maintenance District No.1 (General City):
The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City)
for Case No. PMT2020-04723:
EBU* Rate per
Land Use Basis Factor EBU*
Single Family Residential Parcel 1.00 $92.21
Multi-Family Residential Unit 0.50 92.21
Non-Residential Acre 2.00 92.21
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment
Resolution No. XX-XXX— Page 5 of 5
Page 278
RESOLUTION NO. XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. PMT2020-04723
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Street Light Maintenance
District No. 1 (Arterial Streets) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
Resolution No. XX-XXX— Page 1 of 5
ATTACHMENT 3
Page 279
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
C. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
Resolution No. XX-XXX— Page 2 of 5
Page 280
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. XX-XXX— Page 3 of 5
Page 281
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
RESIDENTIAL REHAB INC
The legal description of the Property is:
PARCEL MAP 13692 PARCEL 1 BOOK 167 PAGE 94
Assessor's Parcels Numbers of the Property:
0201-182-33-0000
Resolution No. XX-XXX— Page 4 of 5
Page 282
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Street Light Maintenance District No. 1 (Arterial Streets):
Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to
fund the maintenance and/or installation of street lights and traffic signals located on arterial
streets throughout the City. These sites consist of several non-contiguous areas throughout the
City.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
Proposed additions to the Improvements for Project Case No. PMT2020-04723:
0 Street Lights
Resolution No. XX-XXX— Page 5 of 5
Page 283
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Street Light Maintenance District No.1 (Arterial Streets):
The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)
for Case No. PMT2020-04723:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EBU Factor x $17.77 Rate per EBU = $17.77 Annual Assessment
Resolution No. XX-XXX— Page 6 of 5
Page 284
RESOLUTION NO. XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE
NO. PMT2020-04723
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Street Light Maintenance
District No. 2 (Local Streets) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
Resolution No. XX-XXX— Page 1 of 5
ATTACHMENT 4
Page 285
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
C. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Resolution No. XX-XXX— Page 2 of 5
Page 286
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
RESIDENTIAL REHAB INC
The legal description of the Property is:
PARCEL MAP 13692 PARCEL 1 BOOK 167 PAGE 94
Assessor's Parcels Numbers of the Property:
0201-182-33-0000
Resolution No. XX-XXX— Page 3 of 5
Page 287
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Street Light Maintenance District No. 2 (Local Streets):
Street Light Maintenance District No. 2 (Local Streets) (the "Maintenance District") is used to fund
the maintenance and/or installation of street lights and traffic signals located on local streets
throughout the City but excluding those areas already in another local maintenance district.
Generally, this area encompasses the residential area of the City west of Haven Avenue.
The sites maintained by the District consist of street lights on local streets and traffic signals (or
a portion thereof) on local streets generally west of Haven Avenue.
Proposed additions to the Improvements for Project Case No. PMT2020-04723:
0 Street lights
Resolution No. XX-XXX— Page 4 of 5
Page 288
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Street Light Maintenance District No. 2 (Local Streets):
The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets)
for Case No. PMT2020-04723:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $39.97
Multi-Family Residential Unit 1.00 39.97
Non-Residential Acre 2.00 39.97
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EBU Factor x $39.97 Rate per EBU = $39.97 Annual Assessment
Resolution No. XX-XXX— Page 5 of 5
Page 289
CITY OF RANCHO CUCAMONGA
DATE: February 3, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Darryl Polk, Director of Innovation and Technology
SUBJECT: Consideration of Amendment No. 001 to the Professional Services
Agreement with Accela, Inc. for Laserfiche Integration Services. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 001 to contract no. 18-062 with
Accela, Inc. to add Laserfiche automated integration services in the total amount not to exceed
$24,000 for the duration of the existing agreement.
BACKGROUND:
On June 6, 2018, the City of Rancho Cucamonga and Accela, Inc. entered into a maintenance
and support agreement, City contract no. 18-062, for four years covering maintenance, support
and cloud-hosting services. This platform, which is hosted in the Accela Cloud, uses an open
architecture and a centralized database, allowing information to be shared across departments,
improving communication between City staff, business partners and residents. The system
provides record keeping for the Planning, Building and Safety, Engineering, and Fire
Departments.
As part of the initial 2015 project, the City commissioned an integration to automatically move
finalized items of record from between the Accela and Laserfiche applications. Within a year the
integration stopped working and it was eventually determined that the hosted updates from Accela
would not support the continuous integration with Laserfiche, requiring staff to manually scan and
upload documents between the disparate systems.
ANALYSIS:
Since 2016, the City has expended significant resources towards the manual scan-and-upload
process to move documents from Accela to Laserfiche, resulting in a backlog of work and difficulty
researching and locating important items of record for all development related Departments. In
2019 the Building and Safety Department requested to re-examine the ability to integrate Accela
and Laserfiche to automate the process of archiving items of record. The Department of
Innovation and Technology (DoIT) worked with Accela and Laserfiche to find a comprehensive
solution that accounted for version updates between both systems. Both Accela and Laserfiche
recommend using Velosimo as a third-party adapter to connect both systems, accounting for
version upgrades and patches from either platform.
Page 290
The initial costs to establish the Velosimo gateway include $6,000 payable directly to Velosimo
for setup costs, $10,000 to Accela for annual service costs, and $6,000 to Laserfiche for annual
licensing costs for a projected total cost of $22,000 in the current fiscal year. Staff recommends
authorizing an additional 10% contingency allowance of $2,000, for a total not-to-exceed
allowance of$24,000 for this project.
The total ongoing cost for the subscription gateway is $16,000 per year, payable to Accela and
Laserfiche.
Documents related to this amendment are on file with the City Clerk's Office.
FISCAL IMPACT:
The startup costs for the project will be covered using savings from DoIT Contract Services
Account No. 1001209-5300 and Development Account No. 1001301-5200 in the current fiscal
year 2020/21 budget. Staff will include the $16,000 annual subscription cost in subsequent
proposed budgets, which will be offset by projected reduced contract copy and scanning costs
that historically run between $30,000 and $50,000 annually.
COUNCIL MISSION /VISION / GOAL(S) ADDRESSED:
This project supports Council's core values of promoting and enhancing a safe and healthy
community for all and continuous improvement by streamlining the administrative task of printing,
scanning and uploading building and safety documents to the City's record repository.
ATTACHMENTS:
None
Page 2
Page 291
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• An overall cleaner and healthier environment.
• Increased accessibility to dedicated bike/pedestrian
paths to promote a healthier lifestyle.
• With the Project completed, residents are
encouraged to check out the new bike paths for
biking, jogging, or walking.
in Coed
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MsRC-
uestions ?
CITY OF RANCHO . . .