HomeMy WebLinkAbout05.C- City Manager Authorized to Take Measures to Comply with Local Agency Formation Commission conditions for annexation RESOLUTION (ID # 4297) DOC ID: 4297
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Jolena E. Grider M/CC Meeting Date: 02/16/2016
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Take All Necessary Actions to Comply with the Local Agency
Formation Commission for San Bernardino County (LAFCO) Conditions for Annexation
into the San Bernardino County Fire District. (#4297)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
5/18/05- Resolution No. 2015-103 approved the filing of the Plan of Adjustment which
included outsourcing fire services.
8/24/15- Resolution No. 2015-195 approved submitting an application to LAFCO for
annexation into the San Bernardino County Fire Protection District.
Background:
On January 27, 2016, LAFCO passed Resolution No. 3211 which approved annexation
into the San Bernardino County Fire Protection District with certain conditions that must
met in order for the annexation to go through. In order to ensure that the City complies
with all of the conditions, it is necessary to give the City Manager the authority to take all
necessary actions in order to do so. This resolution gives the City Manager the
authority to do everything required by LAFCO to complete the annexation.
City Attorney Review:
Supporting Documents:
LAFCO Conditions Reso (DOC)
LAFCO Conditions- Exhibit "A" (PDF)
Updated: 2/11/2016 by Georgeann "Gigi" Hanna Packet Pg.25
5.C.a
1 RESOLUTION NO.
f 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY
3 ACTIONS TO COMPLY WITH THE LOCAL AGENCY FORMATION COMMISSION
4 FOR SAN BERNARDIONO COUNTY (LAFCO) CONDITIONS FOR ANNEXATION
INTO THE SAN BERNARDINO COUNTY FIRE DISTRICT
5
6 WHEREAS, on May 18, 2015 the Mayor and Common Council adopted Resolution No.
2015-103 which approved the filing of the Plan of Adjustment with the United States Bankruptcy
7 Court,which included outsourcing fire services; and
8 WHEREAS, on August 24, 2015 the Mayor and Common Council adopted Resolution No.
2015-195 which approved submitting an application to the Local Agency Formation Commission for o
9 San Bernardino County(LAFCO) for annexation into the San Bernardino County Fire Protection 2
10 District and authorized the City Manager to negotiate an agreement with County Fire for fire
services; and
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WHEREAS, on January 27, 2016 the Local Agency Formation Commission for San Q
12 Bernardino County(LAFCO)passed Resolution No. 3211 approving the annexations into the San ',
13 Bernardino County Fire Protection District, its Valley Service Zone and Service Zone FP-5 of San N
Bernardino County Fire Protection District, attached hereto as Exhibit"A;" and
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WHEREAS,pursuant to Resolution No. 3211 there are several conditions that are required
15 to be met in order for the annexation to go through; and =
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WHEREAS, it is necessary to give the City Manager the authority to take all necessary steps =
17 in order for the Annexation to be completed successfully; i j
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: -'
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20 SECTION 1. The City Manager is hereby authorized to take any all actions necessary to E
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21 comply with all of the conditions listed in LAFCO Resolution No. 3211, attached hereto as a
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Exhibit"A" and incorporated herein.
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24 SECTION 2. The City Manager is hereby authorized to execute all agreements
25 necessary to comply with all of the conditions listed in Exhibit "A" once the agreements have
2 6 been approved as to form by the City Attorney.
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1 SECTION 3. The City Manager is hereby authorized to make any expenditure necessary
2 to comply with the conditions listed in Exhibit"A."
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SECTION 4. The City Manager is hereby authorized to transfer any property and funds
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5 as required to comply with the conditions listed in Exhibit"A."
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O 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY
2 ACTIONS TO COMPLY WITH THE LOCAL AGENCY FORMATION COMMISSION
3 FOR SAN BERNARDIONO COUNTY (LAFCO) CONDITIONS FOR ANNEXATION
INTO THE SAN BERNARDINO COUNTY FIRE DISTRICT
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of , 2016,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ o
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11 BARRIOS o
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13 SHORETT CM
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14 NICKEL a
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JOHNSON .0
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17 MULVIHILL
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19 Georgeann Hanna, City Clerk
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20 The foregoing Resolution is hereby approved this day of , 2016.
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22
R. Carey Davis, Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
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By:
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LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
215 North"0°Street, Suite 204,San Bernardino, CA 92415-0490
(909) 388-0480 * Fax(909)885-8170
E-mail: lafco @lafco.sbcounty.gov
www.sbclafco.org
PROPOSAL NO.: LAFCO 3198
HEARING DATE: JANUARY 27, 2016
RESOLUTION NO. 3211 2
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION FOR SAN
BERNARDINO COUNTY MAKING DETERMINATIONS ON LAFCO 3198; APPROVING
THE REORGANIZATION TO INCLUDE ANNEXATIONS TO THE SAN BERNARDINO O
COUNTY FIRE PROTECTION DISTRICT, ITS VALLEY SERVICE ZONE AND SERVICE Q
ZONE FP-5 OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT(generally
representing the corporate limits of the City of San Bernardino encompassing
approximately 38,144 acres (59.5 square miles)).
On motion of Commissioner , duly seconded by Commissioner , and a
carried, the Local Agency Formation Commission adopts the following resolution:
.a
6` WHEREAS, an application for the proposed reorganization in the County of San w
Bernardino was filed with the Executive Officer of this Local Agency Formation Commission N
(hereinafter referred as the "Commission„) in accordance with the Cortese-Knox-Hertzberg o
Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.),
and the Executive Officer has examined the application and executed her certificate in c
accordance with law, determining and certifying that the filings are sufficient; and, U
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WHEREAS, at the times and in the form and manner provided by law, the Executive LL
Officer has given notice of the public hearing by this Commission on this matter; and,
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WHEREAS, the Executive Officer has reviewed available information and prepared a
report including her recommendations thereon, the filings and report and related information
having been presented to and considered by this Commission; and, ;a
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WHEREAS, the public hearing by this Commission was held upon the date and at the
time and place specified in the notice of public hearing and in order or orders continuing the
hearing; and,
WHEREAS, at this hearing, this Commission heard and received all oral and written
protests; the Commission considered all plans and proposed changes of organization,
objections and evidence which were made, presented, or filed; it received evidence as to
whether the territory is inhabited or uninhabited, improved or unimproved; and all persons
present were given an opportunity to hear and be heard in respect to any matter relating to
the application in evidence presented at the hearing; and,
Packet Pg.29
RESOLUTION NO.3211
NOW, THEREFORE, BE IT RESOLVED, that the Commission does hereby
determine, resolve, order and find as follows:
DETERMINATIONS:
SECTION 1. The proposal is approved subject to the terms and conditions hereinafter
specified:
CONDITIONS:
Condition No. 1. The boundaries of this change of organization are approved as
set forth in Exhibits"A" and "A-1"attached this resolution;
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Condition No. 2. The following distinctive short form designation shall be used 2
through this proceeding: LAFCO 3198. 0
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Condition No. 3. The effective date of this reorganization shall be no earlier W
than July 1, 2016 subject to completion of the terms and conditions outlined in this 0
resolution for approval as authorized by Government Code Sections 56886(p) and 57202; a
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Condition No. 4. Upon the effective date of the reorganization, the San N
Bernardino County Fire Protection District (SBCFPD) Valley Service Zone, as the d
Successor District to the fire and emergency medical response obligations of the City of a
San Bernardino, shall succeed and/or be assigned all rights, duties, responsibilities, w
properties (both real and personal), contracts, equipment, assets, liabilities, obligations,
functions, executory provisions, entitlements, permit and approvals of the City of San w
Bernardino Fire Department (City Fire). All property tax revenues attributable to the City of N
San Bernardino not designated in Condition No. 13 below, prior to calculations required o
by Section 96.1 of the Revenue and Taxation Code, including delinquent taxes and any
and all other collections or assets of City of San Bernardino, shall accrue and be =
transferred to the Successor Districts pursuant to 56886(1). Said Successor Districts shall 0
be subject to the terms and conditions contained herein; U
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Condition No. 5. Upon the effective date of the reorganization including
annexation, pursuant to the terms specified in the Plan for Service, attached as Exhibit "B"
and the updated Transition Action Plan, attached as Exhibit "C", all current City Fire E
Department employees, suppression, prevention, and administrative, shall transfer to the
San Bernardino County Fire Protection District Valley Service Zone with comparable a
position classifications, rates of pay, accrued vacation and sick leave, vacation and sick
leave accrual rates, seniority rights, and shall become subject to the terms and conditions
set forth in said Plan for Service. All transferred employees shall be subject to the terms
and conditions of the respective San Bernardino County Fire Protection District
Memorandum of Understanding in place as of the effective date of the reorganization
including annexation for their successor classification.
Condition No. 6. Upon the effective date of the reorganization including
annexation, pursuant to the terms specified in the Plan for Service and updated Transition
Action Plan, all current City Fire Dispatch employees shall transfer to the joint powers
authority known as Consolidated Fire Agencies (hereafter"CONFIRE") with comparable
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5.C.b
RESOLUTION NO.3211
position classifications, rates of pay, accrued vacation and sick leave, vacation and sick
leave accrual rates, seniority rights and shall become subject to the terms and conditions
set forth in said Plan for Service. All transferred employees shall be subject to the terms
and conditions of the respective Memorandum of Understanding in place as of the
effective date of the reorganization including annexation for their successor classification;
Condition No. 7. Prior to the issuance of the Certificate of Completion, the City
of San Bernardino shall provide to the Executive Officer of LAFCO documentation that it
has obtained a workers compensation tailing insurance policy covering all worker
compensation claims of all City fire suppression personnel and other City employees
transitioning to County Fire and/or CONFIRE.
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Condition No. 8, Upon the effective date of the reorganization including
annexation, the City of San Bernardino shall retain the obligations for unfunded retirement c
obligations, any contractual benefit following retirement such as health insurance
maintenance or payment, or other contractual obligation approved by the City for all W
suppression, prevention, dispatch, and other City employees transitioning to County Fire o
and/or CONFIRE;
Condition No. 9. Upon the effective date of the reorganization including N
annexation, the Successor District shall accept all facilities transferred from the City of
San Bernardino in "as is" condition (pursuant to Government Code Section 56886(h). All
assets including, but not limited to, equipment (vehicles, apparatus, supplies, etc.) rolling a
stock, tools, office furniture, fixtures and equipment, all lands, buildings, real and personal
property and appurtenances held by the City of San Bernardino for the purpose of x
providing fire protection and emergency medical response shall be transferred to the w
Successor District, the Valley Service Zone of SBCFPD. All quitclaim deeds to effectuate c
the transfer of land and/or buildings and the title transfer documents for vehicles shall be �.
prepared by the City of San Bernardino City Manager's office to be filed upon the effective c
date of the change with a copy provided to LAFCO.
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Condition No. 10. All equipment and fixtures, office furniture, real and personal Q
property held by the City of San Bernardino for the purpose of providing fire and
emergency medical response dispatching shall be transferred to CONFIRE, a joint powers
authority providing for a centralized public safety communications system and a E
cooperative program of fire-related functions such as emergency operations. Upon the
effective date of the reorganization including annexation, CONFIRE shall accept all
equipment transferred from the City of San Bernardino in "as is" condition (pursuant to a
Government Code Section 56886(h);
Condition No. 11. Pursuant to the provisions of Government Code Section
56886(e) the SBCFPD Board of Directors shall be required to create a new sub-service
zone under FP-5 to reflect the City of San Bernardino territory. After conclusion of the
protest hearing pursuant to Government Code Section 57000 et seq., but prior to the
issuance of the Certificate of Completion, as authorized by Government Code Section
56886(o), the Board of Directors of the SBCFPD shall provide the LAFCO Executive
Officer with documentation identifying how the provisions contained in Health and Safety
Code Section 13950 to form the new Service Zone of FP-5 to isolate the special tax
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RESOLUTION NO.3211
revenue contributed by the territory within the City of San Bernardino will be implemented
by the District. All actions required by the SBCFPD to implement the special tax shall be
completed prior to the August 8, 2016 due date for placement of the special tax on the tax
rolls by the San Bernardino County Treasurer/Tax Collector;
Condition No. 12. Upon the effective date of the reorganization including
annexation, the Successor District shall accept the administration of Community Facilities
District#1033 (hereafter CFD 1033) from the City of San Bernardino terminating in Fiscal
Year commencing July 1, 2033. The special tax levy for this entity shall be limited to the
commercial, retail, office and industrial properties currently assessed or which will be
developed in the future pursuant to the terms specified in City of San Bernardino
Resolution No. 2004-210. All residential properties previously assessed will be exempted =
from future assessments by Valley Service Zone administration of CFD 1033. All cash on 0
hand or fund balance in the accounts of CFD 1033 within the City of San Bernardino upon
the effective date of LAFCO 3198 shall transfer to the administration of this CFD under
the Successor District. All delinquent taxes and any and all other collections or assets of
CFD 1033 that may accrue shall be transferred to the Successor District pursuant to L)
Government Code Section 56886(i). The revenues to be received by the Successor Q
District administering CFD 1033 are impressed with the public trust, use or purpose as J
defined by City of San Bernardino Resolution No. 2004-210 and all transactions utilizing
these funds shall be accounted for and described in the annual audit and/or
comprehensive financial reports recognizing CFD 1033 by the Successor District.
The future administration of CFD 1033 under the Successor District shall require a
that the Valley Service Zone, Successor District, shall participate in the development
review process of the City of San Bernardino for any properties within the defined x
Verdemont Service Area, shown on Exhibit"D", for commercial, industrial retail or office w
uses. The City of San Bernardino shall be required to annex any commercial, industrial, c
retail or office parcels into CFD 1033 as a condition of development approval to be .2
completed prior to the issuance of the certificate of occupancy for said projects. _
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Condition No. 13. Prior to the issuance of the Certificate of Completion for the o
reorganization to include annexation, pursuant to the provisions outlined in Government a
Code Section 56886 (i), (o) and (s), the Commission requires that the City of San
Bernardino, County of San Bernardino, and San Bernardino County Fire Protection
District enter into a contract which directs the Auditor/Controller/Treasurer/Tax Collector
for San Bernardino County to provide for the calculation of property tax revenues to be
transferred from the City's proceeds under the property tax in lieu of Motor Vehicle
License Fees to the Valley Service Zone of SBCFPD, successor agency, as a a
replacement for the exclusion of the Inland Valley Development Authority (IVDA) territory
within the City of San Bernardino from the property tax transfer process in the manner
presented below, a signed copy of which is to be provided to the LAFCO Executive
Officer. This term and condition shall assure that there is no impairment of the Inland
Valley Development Agency Tax Allocation Refunding Bonds Series 2014A and
Successor Agency to the Inland Valley Development Agency Tax Allocation Refunding
Bonds Series 20148 bond obligations:
a. The calculation shall use the following amounts to determine the transfer from
proceeds of property tax swap in lieu of Motor Vehicle License Fees: (a) base
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5.C.b
RESOLUTION NO.3211
property tax within the affected Tax Rate Areas (TRAs) within IVDA a part of the
corporate limits of the City of San Bernardino, (b) pass through payments,
negotiated or statutory within the defined TRAs; (c) residual distribution as a result
of redevelopment dissolution within the defined TRAs; and (d) any other property
tax proceeds that would have come to the Valley Service Zone except for the
exclusion of the IVDA area of the City of San Bernardino; and,
b. The methodology outlined above shall be permanent and may only be amended
after the conclusion of the revenue bond pledge on or after June 30, 2035 or if said
revenue bond pledges are refunded or refinanced by mutual agreement between
the County of San Bernardino, the San Bernardino County Fire Protection District
and the City of San Bernardino.
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Condition No. 14. Prior to the issuance of the Certificate of Completion for the c
reorganization to include annexation, pursuant to the provisions outlined in Government W
Code Section 56886 (i) the Commission requires that the City of San Bernardino, County W
of San Bernardino, and San Bernardino County Fire Protection District enter into a o
contract which requires the Auditor/Controller/Treasurer/Tax Collector for San Bernardino a
County to direct that 35% of the City's total property taxes in lieu of Vehicle License Fees
be transferred to the Valley Service Zone of SBCFPD, Successor District, to fund the
provision of fire protection and emergency medical response services. This contract shall
be perpetual and address the needs for allocation of funds to replace the property tax in-
lieu of Motor Vehicle License fees should the State of California make changes to this Q
revenue stream legislatively. This amount is in addition to the amounts determined c
pursuant to the provisions of Revenue and Taxation Code Section 99 for LAFCO 3198.; w
Condition No. 15. The remaining payments, all rights and interests held or o
claimed by the City of San Bernardino Fire Department under all agreements and/or
memoranda of understanding with any public agency or private entity, shall transfer to the c
Successor District, Valley Service Zone of the SBCFPD, excluding those contracts shown U
on Exhibit"E"for termination. The Successor District, Valley Service Zone, shall also 0
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assume all joint use, maintenance, automatic aid or mutual aid agreements held by the a
City of San Bernardino Fire Department [(Government Code Section 56886(r)].
Amendments of existing agreements required for successful transfer shall be completed
and submitted to the Local Agency Formation Commission prior to the issuance of the
Certificate of Completion to address any changes [Government Code Section
56886(r)(v)];
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Condition No. 16. The debt obligations of the transferring City of San
Bernardino Fire Department shalt be either be paid in full prior to the issuance of the
Certificate of Completion or assigned to the Successor District, the Valley Service Zone
of SBCFPD. The debt obligations to be paid relate to the City's leaseback financing
with the California Infrastructure and Economic Development Bank and the lease
through WESTNET;
Condition No. 17. Upon the effective date of this reorganization, the
appropriation limit of San Bernardino County Fire Protection District, Valley Service
Zone, Successor District, shall be increased by $21,596,954 for Fiscal Year 2016-17 to
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RESOLUTION NO.3211
to""''' recognize the anticipated first year proceeds of taxes for the provision of fire protection
and emergency medical response;
Condition No. 18. Upon the effective date of this reorganization, any funds
currently deposited for the benefit of the City of San Bernardino Fire Department which
have been impressed with a public trust, use or purpose shall be transferred to the
Successor District, and said District shall separately maintain such funds in accordance
with the provisions of Government Code Section 57462;
Condition No. 19. Upon the effective date of this reorganization, any funds
currently deposited for the benefit of the City of San Bernardino Fire Department
Community Facilities District 1033 which have been impressed with a public trust, use
or purpose shall be transferred to the Successor District for its administration of o
Community Facilities District 1033, and said Successor District shall separately maintain 2
such funds in accordance with the provisions of Government Code Section 57462;
Condition No. 20. As of the date of approval of the reorganization by LAFCO O
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through the effective date pursuant to the provisions of Government Code 56885.5(a) (4), a
the City Council of the City of San Bernardino shall be prohibited from taking the following
actions unless it first finds an emergency situation exists as defined in Government Code
Section 54956.5, and it is supported by the San Bernardino County Fire Protection
District::
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a) No Increase in Compensation or Benefits; No increase in calculation for
payment of benefits or compensation for employees of the City of San x
Bernardino Fire Department shall be allowed. Exceptions to this prohibition w
include planned and budgeted increases identified in the adopted budget for o
Fiscal Year 2015-16.
b) Bound by Current Budget: Appropriating, encumbering, expending, or U
otherwise obligating any revenue of the City Fire Department beyond that 0
provided in the current budget at the time of Commission approval, but to Q
include any budgetary adjustment due to the circumstances surrounding the
December 2, 2015 terrorist attack, unless agreed to by the Successor
District. E
Condition No. 21. The City of San Bernardino and the San Bernardino County .3
Fire Protection District, applicants for this change of organization, shall indemnify,
defend and hold harmless the Commission from any legal expense, legal action, or
judgment arising out of the Commission's approval of this proposal, including any
reimbursement of legal fees and costs incurred by the Commission.
SECTION 2. DETERMINATIONS. The following determinations are noted in
conformance with Commission policy and Government Code Section 56668:
1. The County Registrar of Voters Office has determined that the study area is
legally inhabited with 67,883 registered voters as of October 8, 2015.
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