HomeMy WebLinkAbout2019-043 County Fire Protection DistrictResolution No. 2019-43
RESOLUTION NO. 2019-43
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DETERMINING THE AMOUNT OF PROPERTY TAX
REVENUES TO BE EXCHANGED BETWEEN AND
AMOUNG THE CITY OF SAN BERNARDINO, THE
COUNTY OF SAN BERNARDINO, SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT AND ITS
VALLEY SERVICE ZONE AND COUNTY SERVICE AREA
70, RESULTING FROM THE JURISDICTION CHANGE
DESCRIBED BY LAFCO 3188A
WHEREAS, the owner initiated an application processed by Local Agency Formation
Commission (LAFCO) proposing the area to be annexed therefore requiring the affected
governmental taxing jurisdiction (the City and the County) to consider the tax sharing
agreement; and
WHEREAS, through Dispute Resolution spelled out in the Revenue and Taxation Code
Section 99, fiscal analysis was provided through a third -party identifying the impact on relevant
agencies, and since then there have been changes to City Vehicle License In -Lieu (VLF) revenue
and the City's recent implementation of CFD's requiring the County to generate a new property
tax exchange calculation
WHEREAS, the County requested that the City first approve the property tax exchange
agreement before the proposed annexation can move forward
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby approve the negotiated exchange of
property tax revenue between the City of San Bernardino, the County of San Bernardino, the San
Bernardino County Fire Protection District and its Valley Service Zone, and County Service
Area 70, attached hereto as Attachment 3 and incorporated herein by reference, resulting from
the above-described jurisdictional change.
SECTION 3. The annual tax increment generated in the area subject to the jurisdictional
change and attributable to the local agencies whose service area or service responsibilities will be
altered by the proposed jurisdictional change shall be allocated in future years pursuant to the
provisions of Section 98 of the Revenue and Taxation Code.
Resolution No. 2019-43
SECTION 4.The authorization to execute the above -referenced Agreement is rescinded
if the Agreement is not fully executed by all parties and returned to the Office of the City Clerk
within sixty (60) days following the effective date of this Resolution.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the CityCouncil anigned by the Mayor and attested
by the City Clerk this 20'' day of March 2019. 41
John Vafdivia, Mayor
City of San Bernardino
Attest:
Georgeann H a, MMC, Ci y Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-43
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-43 adopted at a regular meeting held at the 20th day of March 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
IBARRA x
VACANT
SHORETT X
NICKEL %C
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this 20a' day of March 2019.
George anna, MM ity Clerk