The URL can be used to link to this page

Home My WebLink About2018-1261 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-126 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VEHICLE LICENSE FEE (VLF) SWAP AGREEMENT WITH THE COUNTY OF SAN BERNARDINO WHEREAS, on July 1, 2016 the City of San Bernardino was annexed into the San Bernardino County Fire Protection District; and WHEREAS, as part of the annexation, the City of San Bernardino entered into an agreement with the County of San Bernardino for property tax sharing (Vehicle License Fee Swap Agreement) that would pay for fire services in the City; and WHEREAS, the agreement for property tax sharing includes specific language allowing the parties to reset the VLF property tax sharing percentages between the City and the County for Fire Services when certain revenues are received at a level beyond that anticipated in the original financial forecast; and WHEREAS, the City and County agree that the subject revenue was received in FY 2016/17 at a level beyond that included in the original financial forecast and there is a need to revise the Vehicle License Fee Swap Agreement to reset the VLF property tax sharing percentages to accurate reflect the actual revenue being received by the County for fire services in FY 2017/18 and recapture the additional receipts from FY 2016/17. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute Amendment No. 1 to the Vehicle License Fee Swap Agreement with the County of San Bernardino, attached hereto as Exhibit "A" and incorporated herein. SECTION 2. The above authorization is rescinded if the parties to the agreement fail to file a fully executed copy of said agreement with the City Clerk within sixty (60) days of the passage of this Resolution. 1 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VEHICLE LICENSE FEE (VLF) SWAP AGREEMENT WITH THE COUNTY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 2nd day of May 2018, by the following vote, to wit: Council Members: AYES MARQUEZ� BARRIOS VALDIVIA SHORETT NICKEL �" RICHARD k MULVIHILL )— NAYS ABSTAIN ABSENT George arena, C -Mt, City Clerk The foregoing Resolution is hereby approved this 2nd day of Ma y_;018. - 4 Approved as to form: Gary D. Saenz, City Attorney By: - R. Carey Dav , Mayor City of SanBernardino SAN BERNARDINO COUNTY Contract Number 16-93 A-1 SAP Number COUNTY ADMINISTRATIVE OFFICE AND SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Department Contract Representative Valerie Clay Telephone Number (909) 387-5410 Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center IT IS HEREBY AGREED AS FOLLOWS: City of San Bernardino Brent A. Mason (909) 384-5242 5800012434 "X 1:4.1 D1u14'k,_ti`Ms Amend Agreement No. 16-93 in the following manner: Effective for the 2017-18 fiscal year, amend Section 2(e) to read as follows: (e) VLF Swap Percentage: The percentage of VLF Swap revenue attributable to the City that pursuant to this Agreement shall be assigned to SBCFPD in perpetuity. The amount of the VLF Swap Percentage is 26.5%, to be allocated 94% to the Valley Service Zone and 6% to Administration. There will be a one-time adjustment of $1,793,700 for 2016-17 fiscal year in which SBCFPD will transfer VLF revenue of $1,793,700 to the City. Effective for the 2017-18 fiscal year, amend Section 3.1(d) to read as follows: (d) any other property tax that would have come to the SBCFPD but for the delay in transferring the City's share of property tax to SBCFPD within the IVDA boundaries, excluding the asset liquidation proceeds related to the dissolution of the City of San Bernardino redevelopment projects outside of the IVDA boundaries. Such asset liquidation proceeds will be paid directly to the City. Standard Contract Page 1 of 2 All other terms and conditions of Agreement No. 16-93 remain unchanged. APPROVED AS TO FORM: it 1. Saenz, City Attorney CITY OF SAN-BERNARDINO r i ' C By: .�fCity of San Bernardino Dat Nt rn v 3 2�j r SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT By: APPROVED AS TO FORM: SAN BERNARDI 0 COUNTY FIRE PROTECTION DISTRICT By: Carol Greene, upervising Deputy County Counsel SIGNED AND C DOCUMENT Hi CHAIRMAN OF By: 'fJ9 BOARD y , Laura H. Welch T 1� ITFCTION O APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO By: Michelle SIGNED AND C DOCUMENT HI CHAIRMAN OF By OF THIS THE Deputy IS Robert A. Lovingood Chairmioortd off Directors for SBCFPD Date: REPORTIRECOMMENDATION TO THE BOARD OF SUPERVISORS SITTING AS THE GOVERNING BOARD OF THE COUNTY OF SAN BERNARDINO AND RECORD OF ACTION REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND RECORD OF ACTION May 1, 2018 FROM: GARY MCBRIDE, Chief Executive Officer County Administrative Office UBJECT: AMENDMENT NO. 1 TO THE IN -LIEU VEHICLE LICENSE FEE REVENUE SHARING AGREEMENT NO. 16-93 AMONG THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT 1. Acting as the governing body of the County of San Bernardino, approve Amendment No.1 to the In -Lieu Vehicle License Fee (VLF) Revenue Sharing Agreement No. 16-93, authorizing: a. The transfer of a one-time adjustment of $1,793,700 in vehicle license fee revenue to be transferred from the San Bernardino County Fire Protection District to the City of San Bernardino for the 2016-17 fiscal year; b. The revision of the VLF Swap Percentage from 35% to 26.5% effective for the 2017-18 fiscal year; and c. The Auditor-Controller/Treasurer/Tax Collector to transfer directly to the City the asset liquidation proceeds related to the dissolution of the City's redevelopment projects, excluding Inland Valley Development Agency projects. 2. Acting as the governing body of the San Bernardino County Fire Protection District, approve Amendment No. 1 to the In -Lieu Vehicle License Fee (VLF) Revenue Sharing Agreement No. 16-93, authorizing: a. The transfer of a one-time adjustment of $1,793,700 in vehicle license fee revenue to be transferred from the San Bernardino County Fire Protection District to the City of San Bernardino for the 2016-17 fiscal year; and b. The revision of the VLF Swap Percentage from 35% to 26.5% effective for the 2017-18 fiscal year. (Presenter. Gary McBride, County Chief Executive Officer, 387-5417) cc_ CAO - Clay w/ agree Contractor c% CAO w/ agree CAO - McBride File - w/ agree mr 05/09/2018 RN7-1216 I ITEM 68 1 DATED: Of Page 1 of 3 W00-11WO`�Or)" #. Ubn District . a �n < MOVE AYE: ^ 4 5: V . ` �I�.ISFCRETARX�� OTECTIO1' AMENDMENT NO. 1 TO THE IN -LIEU VEHICLE LICENSE FEE REVENUE SHARING AGREEMENT NO. 16-93 AMONG THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT MAY 1, 2018 PAGE 3OF3 flowing to the SBCFPD will increase. The increased revenues associated with redevelopment dissolution are not factored into the 35% VLF Swap Percentage. In the 2016-17 fiscal year, SBCFPD received $2,393,700 in property tax revenue related to redevelopment agency dissolution. As a result, a one-time adjustment of $1,793,700 is recommended to be transferred from the SBCFPD to the City. Effective in this 2017-18 fiscal year the VLF Swap Percentage is recommended to be reduced from 35% to 26.5% in order to ensure the City receives its share of property tax revenue related to redevelopment agency dissolution. The change in percentage will not affect the required funding sources needed for the SBCFPD to perform the fire and emergency services in the City of San Bernardino since these increased revenues were not factored in the forecasted annexation revenues. The Agreement specified that the VLF Swap Percentage could initially by adjusted annually for the first three fiscal years (2016-17, 2017-18 and 2018-19), as needed, upon agreement by all parties. Subsequently, the Agreement could be adjusted every 3 fiscal years beginning in 2020- 21 fiscal year. The last date to amend the agreement would occur at the later of final dissolution of the Successor Agency or the sunset of CFD #1033. Additionally, this Amendment excepts out asset liquidation proceeds relating to the dissolution of the City's redevelopment projects outside the Inland Valley Development Agency boundaries. As a result, the Auditor-Controller/Treasurerlrax Collector can transfer directly to the City those asset liquidation proceeds. PROCUREMENT N/A REVIEW BY OTHERS This item has been reviewed by County Counsel (Michelle Blakemore, County Counsel and Carol Greene, Supervising Deputy County Counsel, 387-5455) on April 19, 2018; County Finance and Administration (Valerie Clay and Katrina Turturro, Deputy Executive Officers, 387-5423) on April 19, 2018. 05/01/2018 #68