HomeMy WebLinkAbout2015-195 - 1 RESOLUTION NO. 2015-195
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE FILING OF AN APPLICATION TO THE LOCAL
4 AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR A
5 SPHERE OF INFLUENCE AMENDMENT (EXPANSION) OF THE SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT AND REORGANIZATION TO INCLUDE
6 ANNEXATIONS TO THE SAN BERNARDINO COUNTY FIRE PROTECTION
7 DISTRICT, ITS VALLEY SERVICE ZONE AND SERVICE ZONE FP-5.
8 WHEREAS, the City of San Bernardino desires to initiate proceedings pursuant to the
Cortese-Knox-Hertzberg Government Reorganization Act of 2000, commencing with Section
9 56000 of the California Government Code for:
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1 . A sphere of influence amendment for the San Bernardino County Fire
11 Protection District (District);and
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2. A reorganization proposal to include,but not limited to,annexation
13 to the San Bernardino County Fire Protection District and its Valley
Service Zone and Service Zone FP-5 as more specifically described in
14 the City's application attached hereto; and
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WHEREAS, the territory proposed for reorganization is legally inhabited and a
16 description of the boundaries for all actions is set forth in the City's application attached
17 hereto,and by this reference incorporated herein;and
18 WHEREAS, the proposed reorganization will not conflict with any existing sphere of
influence as the proposed change includes an amendment to the San Bernardino County Fire
19 Protection District sphere of influence to accommodate the proposed reorganization; and,
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WHEREAS,it is desired that the proposed reorganization be subject to
21 the following terms and conditions:
22 1. The District shall a s s u m e a 11 rights, duties, responsibilities,personal property,
23 contracts, equipment, assets, liabilities, obligations, functions, executory provisions
related to fire protection and emergency medical services,except as otherwise outlined
24 in the Conditions of Approval by LAFCO.
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26 2. The Plan for Service included with the application outlines the general approach and
parameters for delivering fire and emergency medical services to serve the City. The
27 District will assume responsibility for providing sustainable service to the residents and
businesses of the City as a condition of the annexation and for providing the personnel,
28 facilities, equipment, and oversight necessary to do so on an ongoing basis.
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2 3. As a function of the reorganization, a condition of approval shall be included
addressing the repayment of the unfunded retirement liability of the C i ty o f S an
3 Bernardino related to City fire personnel to be transferred to the San
Bernardino County Employee Retirement Association (SBCERA).
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5 4. As a function of the reorganization, the City shall annex to the District's Valley
Service Zone and Service Zone FP-5 for the purpose of fire protection and
6 emergency medical operations.
7 5. All previously authorized charges,fees,assessments,and/or taxes currently in effect,
8 now levied or collected by the City related to fire protection,including a community facilities
district shall continue to be levied and collected by the District.
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10 6. The standard terms and conditions imposed by the Local Agency Formation
11 Commission upon all proposals or such additional conditions as may be deemed
appropriate or necessary by the Local Agency Formation Commission in its
12 consideration; and
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WHEREAS,the reasons for the sphere of influence amendment and proposed
14 reorganization are to provide effective, safe and financially sustainable fire protection and
15 emergency medical services to the City of San Bernardino.
16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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18 SECTION 1. The City Manager is hereby authorized to apply to the Local Agency
19 Formation Commission for San Bernardino County to take proceedings for the sphere of
20 influence review and proposed reorganization as described in the City's application, in
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the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization
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Act of 2000.
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24 SECTION 2. The City Manager is authorized to negotiate terms and conditions with
25 San Bernardino County and County Fire regarding fire service and the annexation.
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SECTION 3. The City Manager is authorized to negotiate an interim contract
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agreement for County Fire to deliver services to the City until the annexation is completed.
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2 SECTION 4. The Mayor and Common Council of the City of San Bernardino
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acknowledges and agrees to the Local Agency Formation Commission for San Bernardino
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5 County's requirement for imposing legal indemnification as outlined in Policies 10 and 11 of its
6 Accounting and Financial Division of its Policy and Procedure Manual adopted June 2012.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE FILING OF AN APPLICATION TO THE LOCAL
2 AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR A
3 SPHERE OF INFLUENCE AMENDMENT (EXPANSION) OF THE SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT AND REORGANIZATION TO INCLUDE
4 ANNEXATIONS TO THE SAN BERNARDINO COUNTY FIRE PROTECTION
5 DISTRICT, ITS VALLEY SERVICE ZONE AND SERVICE ZONE FP-5.
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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8 Common Council of the City of San Bernardino at a joint adjourned regular meeting thereof,
9 held on the 24th day of August, 2015, by the following vote,to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ X
12
BARRIOS X
13
14 VALDIVIA X
15 SHORETT x-
16 NICKEL X
17
JOHNSON x-
18
MULVIHILL X
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20 � A-
Geor Georgeann arena, CMC, Cit 1 k
21 � �L �X'ei c!.[��a raL� k-I
22 The foregoing Resolution is hereby approved this day of August, 015.
6��23
24 R. Carey Davi , Mayor
25 City of San B rnardino
Approved as to form:
26 Gary D. Saenz, City Attorney
27 By:
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