HomeMy WebLinkAbout03.A- In-Lieu Vehicle License Fee Executed Among San Bernardino County Fire Protection District and San Bernardino County 3.A
DOC ID: 4341
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Bill Manis M/CC Meeting Date: 03/04/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of an in Lieu Vehicle License Fee (VLF Swap) Revenue Sharing
Agreement Among the City of San Bernardino, the County of San Bernardino, and the
San Bernardino County Fire Protection District for the Purposes of Funding the
Annexation of Fire and Related Services. (#4341)
Current Business Registration Certificate: Not Applicable
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>>
Motion: Waive reading; and adopt the Resolution.
Summary:
Due to time urgency relating to the City's bankruptcy proceedings, the Mayor has
scheduled a Special Meeting on Friday, March 4 to further discuss the proposed In Lieu
Vehicle License Fee (VLF Swap) Revenue Sharing Agreement among the City of San
Bernardino, the County of San Bernardino and the County of San Bernardino Fire
Protection District for purposes of funding the annexation of the City's Fire Services to
the District.
Background:
This item was introduced at the Monday, February 29 meeting of the Common Council.
During that discussion, members of the Common Council indicated a need for further
analysis and discussion of the terms of the proposed agreement. A motion was made
and adopted to continue the item until March 21 to allow opportunity for additional
inquiry and evaluation of options.
On Tuesday, March 1, after consultation with the City's bankruptcy team and after
receipt of serious concerns from other parties to the agreement and to bankruptcy
negotiations, the Mayor felt it was critical to advance the date of the Common Council
meeting for further discussion. As a result, the Special Meeting has been scheduled on
March 4.
Specific urgency was cited as follows:
1. The City's bankruptcy proceedings have cost millions of dollars to date. At
Updated: 3/3/2016 by Tanya Romo I Packet Pg. 5
3.A
4341
present, the bankruptcy court has scheduled a critical next hearing in April. The
City's lawyers cannot wait until late March to know the status of the City's Plan of
Adjustment of which the Revenue Sharing Agreement is a fundamental part.
2. San Bernardino County and the Fire District will not continue moving forward with
actions relating to the LAFCO approval and the transition of Fire personnel
unless/until the City acts on the Resolution.
3. Other key bankruptcy negotiations could be at serious risk, with major cost
implications, if the City fails to advance its own plan for annexation to the County
Fire District.
4. In the worst case, the City could fall out of bankruptcy and/or default on other
agreements with parties to the bankruptcy.
Conclusion:
The Special Meeting provides an opportunity for the Common Council to receive
answers to its legitimate questions and concerns. While the Council has ultimate
authority to proceed or withdraw from the annexation proceedings, the timing of that
decision is critical if the matter is to proceed. The Mayor and the City's bankruptcy team
continue to recommend adoption of the Resolution authorizing execution of the
Revenue Sharing Agreement.
Supporting Documents:
Resolution_VLF (DOCX)
VLF_agreement (PDF)
Property Tax Sharing Agreement V4 (DOCX)
Plan of Service (PDF)
LAFCO Staff Report(PDF)
Updated: 3/3/2016 by Tanya Romo Packet Pg. 6
3.A.a
RESOLUTION NO. 2016
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF AN IN LIEU VEHICLE
3 LICENSE FEE (VLF SWAP) REVENUE SHARING AGREEMENT AMONG THE
CITY OF SAN BERNARDINO,THE COUNTY OF SAN BERNARDINO, AND THE
4 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR THE PURPOSES
OF FUNDING THE ANNEXATION OF FIRE AND RELATED SERVICES
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WHEREAS, on August 24, 2015, the Mayor and Common Council of the City of San
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Bernardino (City) adopted Resolution No. 2015-195, authorizing the filing of an application to
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the Local Agency Formation Commission(LAFCO) to initiate proceedings for a sphere of
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8 influence amendment(Amendment) of the sphere of influence of the San Bernardino County a,
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9 Fire Protection District(SBCFPD) to include the City, and a reorganization(Reorganization) to °'
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10 include annexation of all territory within the City to the SBCFPD, its Valley Service Zone, and
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11 its Service Zone FP-5 for the purposes of fire protection and emergency medical services; and
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WHEREAS, on September 15, 2015, the SBCFPD Board of Directors adopted
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Resolution No. 2015-183, requesting LAFCO to initiate proceedings for LAFCO approval of >
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the Amendment and Reorganization; and M
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WHEREAS, the City and SBCFPD thereafter applied to LAFCO to initiate proceedings U.
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for approval of the Amendment and Reorganization; and c�
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WHEREAS, on January 27, 2015, LAFCO adopted LAFCO Resolutions Nos. 3211 and o
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3212, approving the initiation of such proceedings; and
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19 WHEREAS, section 99 of the Revenue and Taxation Code of the State of California
20 requires that parties seeking LAFCO approval of a proposed annexation such as the a
21 Reorganization adopt resolutions for the reallocation of property tax revenues between the
22 parties to adjust the revenues to reflect the expansion of the service area of the jurisdiction that
23 will be required to provide expanded services as a result of the annexation; and
WHEREAS,LAFCO Resolution No. 3211 requires that the City and SBCFPD enter
24 into an agreement for such reallocation of property tax revenues; and
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WHEREAS, it has been determined by the City and SBCFPD that the City's property
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tax revenues are insufficient to fund the services to be provided within the City by SBCFPD as a
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result of the Amendment and Reorganization;
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WHEREAS, in addition to base property tax revenue, the City also receives property
4 tax revenue in lieu of vehicle license fee revenue (VLF Swap Revenue) to compensate for the
5 State of California's reduction in the vehicle license fee revenue received by the City as a result
6 of decreasing the vehicle license fee; and
7 WHEREAS, to compensate for the insufficiency of the City's property tax revenues to d
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8 fund SBCFPD's services, the City and SBCFPD have agreed that in addition to the City's
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property tax revenues, the City will transfer to SBCFPD thirty-five percent (35%) of the City's a
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VLF Swap Revenue; and M
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WHEREAS, the City is a member of the Inland Valley Development Agency (IVDA), a 3
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joint powers authority formed pursuant to an Amended Joint Exercise of Powers Agreement d
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(Inland Valley Development Agency), dated as of February 12, 1990, by and among the Cities J
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of San Bernardino, Colton, and Loma Linda and the County of San Bernardino, to pursue
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14 economic development within an area of San Bernardino County that includes a portion of the
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16 WHEREAS, in 2014, IVDA and the Successor Agency to the IVDA Redevelopment C
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17 Agency(IVDA Successor Agency)jointly issued their Tax Allocation Refunding Bonds, Series
18 2014A and 2014B (IVDA Bonds), and in connection therewith executed an Indenture of Trust
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19 dated May 1, 2014 (IVDA Bond Indenture) with U.S. Bank National Association, as trustee;
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WHEREAS, pursuant to Section 5.01 of the IVDA Bond Indenture, IVDA and the
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IVDA Successor Agency pledged as security for the payment of the IVDA Bonds the property
22 tax revenue from parcels within the IVDA boundaries (IVDA Tax Revenue); and
23 WHEREAS, pursuant to the terms of the February 12, 1990 Amended Joint Exercise of
24 Powers Agreement, the City is entitled to receive a portion of the IVDA Tax Revenue from
25 parcels within the City(City's IVDA Tax Revenue); and
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3.A.a
WHEREAS, transfer of the City's IVDA Tax Revenue to SBCFPD in connection with
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the Reorganization could impair the pledge of the IVDA Tax Revenue as security for the
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payment of the IVDA Bonds, and violate the terms of the IVDA Bond Indenture; and
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WHEREAS, to avoid any such impairment, the City and SBCFPD have agreed that,
4 until the IVDA Bonds, or any related obligations under the IVDA Bond Indenture that may be
5 impaired by the transfer of the City's IVDA Tax Revenue to SBCFPD, are retired or
6 restructured so that such impairment cannot occur, the City's IVDA Tax Revenue will not be
7 transferred to SBCFPD; and
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8 WHEREAS, to compensate for the temporary exclusion of the City's IVDA Tax
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Revenue from the tax revenue to be transferred to SBCFPD, the City and SBCFPD have agreed Q
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that while the exclusion is in effect, the City will transfer to SBCFPD, in addition to the thirty-
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five percent (35%) of the City's VLF Swap Revenue to be permanently transferred to SBCFPD,
11 an amount of the City's VLF Swap Revenue that is equal to the City's IVDA Tax Revenue; and
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WHEREAS, the City and SBCFPD have incorporated all of the terms of their LL
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agreement regarding the transfer of property tax revenue in connection with the Amendment
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14 and Reorganization into an"In Lieu Vehicle License Fee (VLF Swap) Revenue Sharing
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15 Agreement Among the City of San Bernardino, the County of San Bernardino, and the San >
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16 Bernardino County Fire Protection District for the purposes of funding the annexation of fire G
17 and related services" (Revenue Sharing Agreement); and
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18 WHEREAS, LAFCO's environmental consultant has concluded that the Amendment
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and Reorganization are exempt from the California Environmental Quality Act(CEQA)under E
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Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code Regs. tit. 14, § 15061)because a
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there is no possibility that they may have a significant effect on the environment.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
23 SECTION 1. The foregoing recitals are true and correct and are made a substantive
24 Part of this Resolution.
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3.A.a
SECTION 2. The Revenue Sharing Agreement, a true and correct copy of which is
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2 attached to this Resolution as Exhibit A, accurately sets forth the agreement of the City and
3 SBCFPD regarding the allocation of property tax revenue and VLF Swap revenue between them
4 in connection with the Amendment and Reorganization, and the terms of the Revenue Sharing
5 Agreement are incorporated by reference and made a substantive part of this Resolution.
6 SECTION 3. The City agrees to accept the exchange of property tax revenues provided
7 for in the Revenue Sharing Agreement.
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8 SECTION 4. In compliance with the Revenue Sharing Agreement,upon the a,
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9 completion of the Amendment and Reorganization and the commencement of SBCFPD's
10 provision of services to the City, the City shall cause to be transferred to SBCFPD all of the N
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11 City's property tax revenue except as stated in Section 5 of this Resolution, together with thirty- _
as
12 five percent(35%) of the City's VLF Swap Revenue and the additional amount of the City's
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VLF Swap Revenue described in Section 5 of this Resolution. >
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SECTION 5. Until the IVDA Bonds, or any related obligations under the IVDA Bond v
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Indenture that may be impaired by the transfer of the City's IVDA Tax Revenue to SBCFPD, LL
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are retired or restructured so that such impairment cannot occur, the City's IVDA Tax Revenue c�
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will not be transferred to SBCFPD,but instead an amount of the City's VLF Swap Revenue
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17 equal to the City's IVDA Tax Revenue will be transferred to SBCFPD.
18 SECTION 6. When the IVDA Bonds, or any related obligations under the IVDA Bond
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Indenture that may be impaired by the transfer of the City's IVDA Tax Revenue to SBCFPD,
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are retired or restructured so that such impairment cannot occur, the City shall cause to be
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transferred to SBCFPD all of the City's property tax revenue, including the City's IVDA Tax
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Revenue, and this transfer shall continue permanently unless otherwise mutually agreed by the
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City and SBCFPD.
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SECTION 7. The City Manager is authorized and directed to execute on behalf of the
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3.A.a
City the Revenue Sharing Agreement, a copy of which is attached to this Resolution as Exhibit
A and incorporated herein by reference, and to execute such additional documents and take such
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other actions as may be needed for the City to comply with the terms of the Revenue Sharing
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Agreement, including but not limited to agreeing on behalf of the City to ministerial revisions or
4 other revisions to the Revenue Sharing Agreement that are necessary to give effect to the intent
5 of the parties to the Agreement and that do not materially affect the interests of the City.
6 SECTION 8. The Revenue Sharing Agreement is exempt from CEQA because there is
7 no possibility that its performance may have a significant effect on the environment.
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g SECTION 9. This Resolution shall take effect immediately upon its adoption.
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3.A.a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO AUTHORIZING THE EXECUTION OF AN IN LIEU VEHICLE
LICENSE FEE (VLF SWAP) REVENUE SHARING AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COUNTY FIRE
3 PROTECTION DISTRICT FOR THE PURPOSES OF FUNDING THE ANNEXATION
OF FIRE AND RELATED SERVICES
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof,
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held on the day of , 2016,by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
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10 BARRIOS N
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11 VALDIVIA '
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12 SHORETT
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13 NICKEL
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14 JOHNSON
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15 MULVIHILL
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18 Georgeann Hanna, CMC, City Clerk c
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19 The foregoing resolution is hereby approved this day of , 2016.
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R. Carey Davis, Mayor
22 City of San Bernardino
Approved as to form:
23 Gary D. Saenz, City Attorney
24 By:
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3.A.b
In Lieu Vehicle License Fee (VLF Swap) Revenue Sharing Agreement
Among the City of San Bernardino,the County of San Bernardino,and the San Bernardino County Fire
Protection District for the purposes of funding the annexation of fire and related services
WHEREAS, the City of San Bernardino (City) and the San Bernardino County Fire Protection District
(SBCFPD) have jointly initiated an application to the Local Agency Formation Commission (LAFCO)for
reorganization to annex the area within the City into the SBCFPD; and
WHEREAS, the City's share of property tax, in its entirety, will ultimately be transferred to SBCFPD as
part of this reorganization by adoption of a property tax transfer resolution approved by the County
Board of Supervisors as part of the LAFCO reorganization process; and
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WHEREAS,the City's share of property tax to be transferred is insufficient to fund the costs of services to E
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be provided by the SBCFPD; and L
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WHEREAS, as a term and condition of annexation the City shall permanently transfer a percentage of its =
VLF Swap revenue, in an amount defined in this Agreement,to the SBCFPD to address the insufficiency
of property tax revenues to fund services; and N
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WHEREAS,the City is a member of the inland Valley Development Agency, a joint powers authority
organized and existing under the laws of the State of California and a federal base reuse authority
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(IVDA), pursuant to the Amended Joint Exercise of Powers Agreement dated as of February 12, 1990
(JPA Agreement); and
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WHEREAS, pursuant to the redevelopment plan and the JPA Agreement there is a sharing of property
tax revenue between the City and IVDA for parcels within the IVDA boundaries; and
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WHEREAS, IVDA also has a separate public agency as the Successor Agency to the IVDA Redevelopment L
Agency; and
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WHEREAS, on or about May 15, 2014, IVDA issued its Successor Agency to 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(together,the IVDA Bonds) E
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pursuant to an Indenture of Trust, dated as of May 1, 2014(Bond Indenture) by and between IVDA as y
joint powers authority in its own capacity and as Successor Agency(together, the Issuer) and U.S. Bank Q
National Association, or any other association or corporation which may at any time be substituted in its
place as trustee; and
WHEREAS, Issuer has pledged the tax revenues it receives pursuant to the redevelopment plan and the
JPA Agreement (Tax Revenues as defined in the Bond Indenture) to the repayment of the IVDA Bonds
and related obligations under the Bond Indenture; and
WHEREAS, the pledge of Tax Revenues to holders of the IVDA Bonds and related obligations under the
Bond Indenture could be impaired by a transfer of property tax within the IVDA boundaries; and
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WHEREAS,to avoid such impairment of IVDA's obligation to holders of the IVDA Bonds and other related
obligations under the Bond Indenture,the County's Property Tax Transfer Resolution will delay the
transfer of property tax within the IVDA boundaries from the City to the SBCFPD; and
WHEREAS, an agreement between the City and the SBCFPD is necessary to provide a backfill of the
losses to the SBCFPD as a result of the delay in transferring property tax within the IVDA boundaries
with an equivalent supplemental amount of VLF Swap revenue, in addition to the permanent
percentage of VLF Swap revenue transfer; and
WHEREAS, there is no intent to adversely impact the pledge of revenues or impair the pledge of the
revenue IVDA receives pursuant to the redevelopment plan and the JPA Agreement to the IVDA Bonds
and related obligations under the Bond Indenture and security of the bondholders of the IVDA Bonds,
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WHEREAS, upon full payment of all IVDA Bonds and their related obligations under the Bond Indenture Q
or the issuance of bonds issued to refund the IVDA Bonds that recharacterizes the pledge so as to allow
for the transfer of property tax without concern of impairment, the City's remaining share of property
tax, in its entirety, will be transferred to the SBCFPD and the supplemental transfer of VLF Swap revenue
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will terminate; and
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WHEREAS, the City has obligations to IVDA pursuant to the JPA Agreement related to revenue sharing
that are independent of the bond impairment concerns; and
WHEREAS, the reorganization of services between the City and SBCFPD is not intended to financially
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affect IVDA, resulting in the need for an agreement that the SBCFPD will fulfill the property tax revenue
sharing requirements to IVDA relating to those parcels within the IVDA boundaries.
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NOW, THEREFORE, the City and the SBCFPD hereby agree as follows:
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Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are U�
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incorporated herein. >
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Section 2. Definitions E
(a) Agreement: This agreement
(b) Initial Allocation Period: The Initial Allocation Period will commence on the effective date of the a
reorganization of services between the City and the SBDFPD. The Initial Allocation Period will
stay in effect for the entire period during which the IVDA Bonds or related obligations under the
Bond Indenture are outstanding that may be impaired by the transfer of property tax revenue
from the City to the SBCFPD within the IVDA boundaries. The Initial Allocation Period shall end
at the earlier of:
a. Notification by the IVDA of the issuance of bonds to refund the IVDA Bonds that
recharacterizes the pledge so as to allow for the transfer of property tax without
concern of impairment; or.
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3.A.b
b. The final maturity of the IVDA Bonds and the satisfaction of any related obligations
under the Bond indenture which may have survived the maturity of the IVDA Bonds.
(c) Permanent Allocation Period:The period immediately following the Initial Allocation Period.
There is no termination date of the Permanent Allocation Period.
(d) Property Tax Transfer Resolution: The County Board of Supervisors resolutions, or amended
resolutions, transferring property tax in two phases,the Initial Allocation Period and the
Permanent Allocation Period, from the City to the SBCFPD adopted as part of the reorganization
of services between the City and SBCFPD.
(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 35%, to be allocated 94%to the Valley Service Zone and 6%to
Administration.
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(f) VLF Swap Supplemental Amount: The VLF Swap Supplemental Amount shall be equal to the L
amount of total property tax revenue not transferred to SBCFPD as a result of the delay in Q
transferring the City's share of property tax within the IVDA boundaries during the Initial c
Allocation Period. The VLF Swap Supplemental Amount shall be allocated 94%to the Valley
Service Zone and 6%to Administration. Cn
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Section 3. Initial Allocation Period. During the Initial Allocation Period,the San Bernardino County >
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Auditor-Controller/Treasurer/Tax Collector(ATC) shall calculate the VLF Swap allocation in accordance 0�
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with governing law, currently Revenue and Taxation Code section 97.70, and shall distribute funds in the —�
amount calculated to the.SBCFPD at such time as the funds would have been distributed to the City,as
follows: M
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(a) VLF Swap Percentage, as defined in the Agreement; plus
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(b) VLF Swap Supplemental Amount, as defined in the Agreement; plus m
(c) All of the City's property tax revenue except property tax within the boundaries of the IVDA, as
described within the Property Tax Transfer Resolution LL i
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Section 3.1. VLF Swap Supplemental Amount. The calculation of the VLF Swap Supplemental Amount
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should include all distributions of property tax to the City that were not distributed to the SBCFPD as a 4W
result of the delay in transferring the City's share of property tax within the IVDA boundaries during the
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Initial Allocation Period. The calculation should include the following property tax revenues distributed Q
to the City during the Initial Allocation Period:
(a) base property tax; and
(b) pass through payments, negotiated or statutory; and
(c) residual distributions as a result of redevelopment dissolution; and
(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
Section 3.2. Mismatch of Distribution Timing. Distribution of property tax and VLF Swap by the ATC may
occur at different times and/or frequencies. In the event that distribution dates of property tax and VLF
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Swap do not align, the ATC shall accumulate between VLF Swap Supplemental Payment transfers the
amount of property taxes distributed to the City as a result of the delay in property tax transfer during
the Initial Allocation Period. Such accumulated amount shall be distributed to the SBCFPD by the ATC at
the next VLF Swap distribution date. As a result of the likely mismatch in timing it is anticipated that a
final one-time VLF Swap Supplemental Payment representing accumulated amounts not yet distributed
at the end of the Initial Allocation Period will be required during the Permanent Allocation Period
Section 4. Permanent Allocation Period. During the Permanent Allocation Period VLF Swap funds will be
calculated in accordance with governing law, currently Revenue and Taxation Code section 97.70, by the
ATC and will be distributed to the SBCFPD at such time as they would have been distributed to the City,
as follows:
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(a) VLF Swap Percentage, as defined in the Agreement; plus m
(b) All of the City's property tax revenue including that within the boundaries of IVDA, as described L
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within the Property Tax Transfer Resolution Q
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Section 5. Term. This agreement is permanent to provide a sustainable funding source for the services M
reorganized under the related LAFCO action. N
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Section 6. Renegotiation of Terms. As a result of certain known future events,Section 2(e) of this
Agreement defining the percentage of the City's VLF Swap revenue to be diverted to SBCFPD may be
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amended by mutual written agreement of the City and the SBCFPD. Those known future events are the
future termination of Community Facilities District#1033, the elimination of residential parcel taxes
within Community Facilities District#1033 as a result of the LAFCO condition of approval of annexation, M
both of which will result in reduced revenue to the SBCFPD, and the ongoing process of redevelopment
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agency dissolution, which will result in additional revenue to SBCFPD. The parties' purpose in providing
for the amendment of Section 2(e) is to ensure that revenues transferred from the City to SBCFPD and 4)
services provided to the City by SBCFPD will be appropriately adjusted so as to be commensurate with C
one another, and consistent with the Service Plan developed with the annexation. Specifically,the J�
parties intend to provide for a process that will permit over-and underpayments, limited to those >
resulting from the events identified herein,to be recouped in a timely manner. Amendments to Section
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2(e)can be made as one-time or ongoing adjustments and shall be memorialized as individual t
attachments to this agreement that provide specific direction to the ATC regarding the new distribution w
of VLF Swap funds. Amendments to Section 2(e) authorized under this Section shall be limited to those Q
necessary to adjust for the specific events identified in this Section.
Renegotiation of terms under this Section can be requested by either party, limited to the following
dates:
(a) The first, second, and third anniversary of approval by all parties of this agreement; and
(b) The 5ch anniversary and every 3 years thereafter; and
(c) Notwithstanding (b), the final opportunity to renegotiate will occur at the later date of either
the final dissolution of the City's redevelopment successor agency or the dissolution of
Community Facilities District#1033
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Section 7. VLFSwap Amendment or Termination. The City and the SBCFPD recognize that the VLF Swap
is a funding mechanism created by the State that may in the future be modified or eliminated. In the
event that the VLF Swap is reduced or eliminated at a future date,the SBCFPD shall be entitled to a
share of any successor revenue to the VLF Swap that the State may put in place in a dollar amount
equivalent to the amount of VLF Swap revenue lost by the SBCFPD as a result of the State's action. Such
amount shall grow with the successor funding stream on a pro-rata basis, e.g. if the SBCFPD gets 40%of
the City's share of the successor revenue to make up for the lost VLF Swap, then the SBCFPD shall
participate in 40%of any growth associated with that revenue stream. If such successor revenue is
distributed by the ATC, then it shall be distributed pursuant to this section. If the City is the recipient of
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the successor revenue directly from the State, it shall pay within 30 days of each receipt of funds the
appropriate amount, as defined in this section,to the SBCFPD.
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Section 8. Covenants Regarding IVDA Bonds and Related Obligations under the Bond Indenture. 4
Notwithstanding any provision of this Agreement, the parties hereto covenant and agree that(i)there =
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shall be no impairment of the pledge of,or reduction of the allocation of,Tax Revenues under the Bond
Indenture, the redevelopment plan,or the JPA Agreement except for reductions as may normally occur
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outside of the parties' control, such as declining economic conditions or statutory changes as set forth in
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the Bond Indenture; (ii)the parties will not amend or modify the covenants in this Section 8; (iii) IVDA as
well as the Trustee and the Insurer under the Bond Indenture shall be third party beneficiaries of the J
covenants in this Section 8; (iv) Neither IVDA nor the Trustee or the Insurer shall be third party
beneficiaries as to the VLF swap provisions of this Agreement. The County of San Bernardino (the
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County) will give notice to IVDA of any proposed amendment to this Agreement at least 45 calendar
days prior to such proposed amendment.
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The provisions of Section 8 shall terminate at the same time as termination is provided for by the Bond L
Indenture and pursuant to applicable law.
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Section 9. Notice. Any notice to be given pursuant to this Agreement shall be deemed fully given when >
made in writing and either served personally, or by facsimile transmission, or deposited in the United C
States mail, postage prepaid and addressed as follows: E
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If to the County: Q
Deputy Executive Officer/Fire
385 N. Arrowhead,0' Floor
San Bernardino, CA 92415-0120
If to the City:
Office of the City Manager
300 N. D Street
San Bernardino, CA 92418
Attn: City Manager
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if to the SBCFPD:
Fire Chief/Fire Warden
San Bernardino County Fire Protection District
157 West Fifth Street, Second Floor
San Bernardino, CA 92415-0451
If to the IVDA:
Executive Director
Inland Valley Development Agency
San Bernardino Airport Authority
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1601 East Third Street, Suite 100
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San Bernardino, CA 92408
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Section 10. Amendments and Modifications. The parties agree that any alterations, amendments or CM
modifications of the provisions of this Agreement shall be valid only when reduced to writing, executed
and approved by the persons authorized to do so on behalf of each of the parties. Cnn
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Section 11. Counterpart Signatures Allowed. This Agreement may be executed in counterparts,each of
which shall be deemed an original, and all of which when executed and delivered shall together
constitute one and the same instrument. J
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3.A.b
In Lieu Vehicle License Fee (VLF Swap)Revenue Sharing Agreement
Among the City of San Bernardino,the County of San Bernardino, and the San Bernardino County Fire
Protection District for the purposes of funding the annexation of fire and related services
Signatures of authorized parties
On behalf of the CITY OF SAN BERNARDINO
By:
Title:
Date:
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Approved as to form: E
Gary D. Saenz, City Attorney
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On behalf of the COUNTY OF SAN BERNARDINO >
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Title:
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Date:
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Approved as to form:
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Jean-Rene Basle, County Counsel L
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By: U.
Title:
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On behalf of the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT c°
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By:
Title:
Date:
Approved as to form-
Jean-Rene Basle, County Counsel
By:
Title:
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3.A.c
y ,.. Mark Scott,City Manage-
300 North T"Stree
San Bernardino,CA 92418-000.
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(909)384-512:
CITY OF SAN BERNARDINO
1im Iil'I'll it hill CITY MANAGER'S OFFICE
TO: Mayor and Common Council
FROM: Mark Scott, City Manager
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SUBJECT: Revenue Transfer Agreement Associated with Fire Annexation d
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DATE: February 29, 2016 a
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Recommendation
Adopt Resolution approving the Vehicle License Fee (VLF) Revenue Sharing Agreement between
the City, San Bernardino County, and the San Bernardino County Fire Protection District for the
purposes of funding the annexation of fire and related services. M
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Executive Summary
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Approval of this agreement is a key condition of approval for completing annexation into the San E
Bernardino County Fire Protection District (SBCFPD). The agreement will assign the City's base
ad-valorem property tax, plus 35% of the City's property tax revenue attributable to the VLF Q
revenue swap effectuated by the State of California in 2004, to the SBCFPD to pay for fire and c
related services. A complication of this transaction is the fact that there is a property tax sharing
agreement for some of these revenues between the City and the Inland Valley Development N
Agency (IVDA), a joint powers authority of which the City is a member; the IVDA has pledged this
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revenue to certain bonded indebtedness. This required a temporary supplemental increase to the
swap amount so taxes pledged under the IDVA bonds can continue to flow to the City and then to a
the IVDA. Once the bonds and related obligations are fully paid the supplemental transfer related °
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to the IVDA will be terminated.
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This transfer of tax revenues is required as a condition of annexation into SBCFPD, under
California law and pursuant to the determinations of the Local Agency Formation Commission for r
San Bernardino (LAFCO). This annexation is important to the City because it is a key component Q
of implementing the bankruptcy Recovery Plan adopted by the City Council in May 2015. It
provides a means to improve the City's net economic position by $7 to $8 million per year, while
improving fire service delivery to residents and property owners. Such funding is critical for the City
to use in addressing other service deficiencies which currently exist and inhibit economic
development and revenue growth such as police protection, roads, parks, street lighting and many
other municipal needs.
Packet Pg. 20
3.A.c
VLF Swap Revenue Sharing Agreement
Developing alternative, less expensive, approaches for delivering fire and emergency medical
services is a key component of the Bankruptcy Recovery Plan approved by Council on May 18,
2015. The costs of maintaining a stand-alone City fire department have become a substantial fiscal
burden for the City as it seeks to attain stability and implement a plan for exiting bankruptcy.
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After a professional and thorough evaluation of available options, the City Council approved the
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filing of an application for annexation into the San Bernardino County Fire Protection District on
August 24, 2015. Shortly thereafter the County joined in this application. After an objective and a
independent evaluation process LAFCO acted to approve the annexation on January 27, 2016. In =
making this decision LAFCO was required to make a number of independent assessments to
ensure that the annexation will result in the maintenance of satisfactory (or improved) services and
that the move is fiscally sustainable and in the best interests of the City, the Fire Protection District,
and the public. The full LAFCO staff report and the SBCFPD Service Plan which delve deeply into
these issues are attached to this staff report as important backup information.
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Many cities comparable to San Bernardino are served by large regional fire service providers like >
SBCFPD. Examples in Southern California include Moreno Valley, Fontana, Santa Ana, Lancaster,
Palmdale, Santa Clarita, Pomona, Irvine and Thousand Oaks. It is a proven way to reduce costs
through economies of scale, while delivering a level of service which would be otherwise not be
attainable. >
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Such is the case for San Bernardino. By annexing to the San Bernardino Fire Protection District E
the City will be able to take advantage of existing County stations to serve portions of the City L
which are closer to these stations than existing City fire stations. Just as importantly the City will be a
able to share and pool costs for a large number of administrative, support and specialized services
such as management, dispatch, purchasing, fire prevention, EMS management, hazardous v
materials response, search and rescue and wildland fire response. Finally the County Service Plan (nn
documents that necessary investments will be made in equipment and facilities, necessary
investments which the City has been unable to make.
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In terms of funding, under the annexation approach the City essentially transfers responsibility for o
fire and EMS service delivery to the County Fire District. Using the established LAFCO process, a a
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property tax transfer is accomplished based on the service level agreed upon. The City will then
have no further responsibility for funding fire services. Since costs are less than those needed to E
operate an independent fire department, the City will be able to preserve property tax dollars for r
other City services. County Fire will have the obligation for all future costs including station and Q
equipment replacement. Unlike a contract approach, County Fire will have a direct interest in the
City's being successful economically, because their budget will directly tie back to property tax
revenue.
A substantial "wrinkle" developed as this annexation was being processed in relation to property
tax revenues. This stems from the fact that San Bernardino has a relatively low level of basic
property tax revenues, even though it has a fairly good share of the base 1% property tax (18%).
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This is due to the fact that much of the property within the City was located within the boundaries
of the old redevelopment area, which meant more taxes flowed to the Redevelopment Agency and
less to the City and other taxing entities. Due to this San Bernardino actually has more property tax
revenues allocated to the City pursuant to what is known as the VLF for property tax swap of 2004,
than in base property taxes — an unusual situation, which gives rise to this agreement. Essentially
under the 2004 State Budget Act the State eliminated VLF funds which had historically flowed to
cities and counties as a State subvention, and replaced this revenue with a portion of the property
tax revenues which had been allocated to the Educational Revenue Augmentation Fund (ERAF).
The State backfilled school ERAF funding from the State General Fund. m
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While property tax in lieu of VLF is property tax revenue, it is derived from a VLF swap formula Q
which did not include special districts, such as SBCFPD. Moreover, because the City does not
receive enough general ad-valorem property tax to fully fund fire services, some of the City's
property tax in lieu of VLF must be utilized to make up the shortfall. LAFCO staff also had a n
concern that some day the property tax in lieu of VLF could be altered by the State. While this is
unlikely under the current State Constitution, it is theoretically possible. In response to these
concerns LAFCO added the following condition to the annexation:
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• Prior to the issuance of the Certificate of Completion for the reorganization to include >
annexation, pursuant to the provisions outlined in Government Code Section 56886 (i) 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 requires the
Auditor/Controller/Treasurer/Tax Collector for San Bernardino 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 d
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
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State of California make changes to this revenue stream legislatively. This amount is in a�
addition to the amounts determined pursuant to the provisions of Revenue and Taxation Code R
Section 99 for LAFCO 3198.
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Also, during the annexation analysis it was learned that a pledge of some property tax revenues I
would prevent a revenue swap on certain portions of property within City limits until certain IVDA
bonds are paid off. State law provides that LAFCO must make a determination that no bond or c
contractual obligations are impaired by a reorganization. Since the City has agreed that certain a`
property tax revenues received by IDVA under a joint powers agreement are pledged to the
payment of debt associated with economic development at the former Norton Air Force Base, this E
determination could not be made because a straight percentage transfer of taxes levied on all
property within the City would have interfered with the IVDA bond pledge. w
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Therefore LAFCO added another condition to address this issue, which reads as follows:
• Prior to the issuance of the Certificate of Completion for the reorganization to include
annexation, pursuant to the provisions outlined in Government 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
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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 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. 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 2014B bond obligations:
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• The calculation shall use the following amounts to determine the transfer from proceeds
of property tax swap in lieu of Motor Vehicle License Fees amount: (a) base property
tax within the affected Tax Rate Areas (TRAs) within IVDA a part of the corporate limits a
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 co
to the Valley Service Zone except for the exclusion of the IVDA area of the City of San 3
Bernardino; and,
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• The methodology outlined above shall be permanent and may only be amended after LL
the conclusion of the revenue bond pledge on or after June 30, 2035 or if said revenue
bond pledge is refunded or refinanced by mutual agreement between the County of San
Bernardino, the San Bernardino County Fire Protection District and the City of San M
Bernardino.
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The attached agreement has been drafted by the County with input from IVDA and the City in
order to comply with these conditions of approval. Most importantly the agreement is designed to Q
ensure that satisfactory and sustainable fire services can be funded via this dedicated revenue
source in perpetuity.
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One of the input areas from the City concerned property tax variation stemming from the
continuing wind-down of the redevelopment agency. The City's specific concern was the fact that
as property comes back on the regular property tax rolls (absent the tax increment calculation X
associated with redevelopment) property taxes to SBCFPD and the City will increase in something
of a one-time phenomenon. The County had a different but similar concern associated with the
termination of Community Facilities District # 1033, which will decrease revenues to SBCFPD. To c
address these concerns the agreement includes a renegotiation provision to allow a periodic "true- a`.
up" relative to the documented Service Plan negotiated by SBCFPD and the City. This is a
relatively unique provision not generally seen in tax transfer agreements, but the County and the E
City both agreed that these known future events were an appropriate basis to trigger discussions, U
and both agreed that consideration of either a one-time or on-going true-up was equitable and fair Q
for both parties.
In terms of the overall fiscal shift in moving to SBCFPD from independent fire service delivery, the
LAFCO fiscal analysis shows that total City expenses for the fire department have ranged from
$29.4 to $37.0 million during Fiscal Years 2011 through 2015. Importantly in the years in which
expenditures have been toward the lower end of this spectrum it has been the result of cut-backs
in service and deferred funding for equipment and facilities. The General Fund (general purpose
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tax) requirement has ranged from $23.5 to $31.5 million. The City receives approximately $29.3
million in property taxes (ad valorem, in lieu and other) annually. From this one can easily conclude
that operating the City fire department in a financially sustainable fashion will easily take all the
property tax the City receives.
Under the LAFCO projections in the first year of annexation, the City will transfer $10.5 million in
base ad-valorem property tax to County Fire, plus another $11.1 million in property tax in lieu of
VLF, for a total of $21.6 million. This reflects a significant advantage to the City in that $7 to $8
million in general tax proceeds will be available for other critical needs, including certain legacy E
costs such as workers compensation and unfunded pension liabilities the City will need to retire L
over time. The advantages of the County proposal from an economic standpoint are additional Q
dedicated revenues from a parcel tax which is part of the proposal, lower salary and benefit costs
(largely due to economies of scale) and full funding for necessary overhead, equipment
replacement and facility maintenance. In addition the County has a full range of specialized (nn
services which will be available to the City on a routine basis.
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In addition, Urban Futures has determined that overall the City will have lower recession induced W
volatility from the intersection of largely fixed / moderately growing fire expenses and property tax J
impacts from periodic economic downturns. This will make it easier for the City to maintain and >
sustain adequate reserve balances.
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From a service standpoint the major advantages of annexation include transition from a service
delivery model which outside experts termed "severely stressed" in 2014 to a sustainable >
paradigm. In addition, some areas of the City will benefit from improved response due to direct
response from County stations on City borders, and the entire City will benefit from improved
response due to affiliation with the regional CONFIRE dispatch system, which saves a step in the
call handling process. Q
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Finally, all 140 personnel associated with fire service delivery, both sworn and non-sworn, will have
the opportunity to transition to employment with the County. And as a result of the settlement of in
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substantial litigation with the City firefighters union City legal costs will diminish. All this is of course
contingent upon the annexation which is contingent upon approval of this agreement.
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Conclusion
As described above annexation to the County Fire Protection District is the best option for the City .Ec
from a service delivery and efficiency standpoint. It is recommended Council adopt the attached
resolution authorizing approval of the Property Tax In Lieu of VLF Swap Agreement, as required Q
under the annexation conditions of approval.
Attachments:
LAFCO Staff Report
Service Plan
Property Tax In Lieu of VLF Swap Agreement
Resolution Approving Agreement
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3.A.d
City of San Bernardino/County Fire
Application for Reorganization Including
Plan for Service, Fiscal Impact Analysis
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(Five-Year Projection), Transition Plan,
San Manuel Band of Mission Indians
Consent Resolution
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and Supplemental Data
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LZ la1l3ed
DEC 16 2015
City of San Bernardino LAFCO
Annexation into the San Bernardino County
San Bernardino County Fire Protection District
Plan of Service
December, 2015
1 . Annexation
The City of Bernardino (City) proposes to annex into the San Bernardino County Fire
Protection District (County Fire), its Valley Service Zone and Fire Protection Service
Zone 5 (FP-5) for the provision of fire suppression and emergency medical services.
(D Annexation to the San Bernardino County Fire District will allow the City to take
advantage of the substantial economies of scale available from the District, as well as
�T—, existing District stations and personnel located nearby to the City. These factors will
c allow the City to reduce the overall level of City revenue allocated to fire service delivery,
cfreeing up scarce City resources to address other critical service delivery needs in the
Z community. This is consistent with the City's Plan of Adjustment filed with the
bankruptcy court on May 30, 2015.
The reorganization of County Fire and annexation of the City into County Fire would
result in the complete assumption of fire, rescue, and EMS services by County Fire for
the City of San Bernardino. Through the reorganization process an agreement will be
X developed to transfer a percentage of the City's property tax to revenue to County Fire to
support the short and long term costs of providing fire protection services. Following
completion of the reorganization, and execution of the property tax reallocation
CO agreement, the City will have no further funding obligations for fire suppression or
emergency services within the City. The proposed start of service should the
c'c reorganization be approved is July 1, 2016. The following describes the plan of service
that would be provided by County Fire to the City upon annexation.
2. Incident Response
A. Fire Suppression
County Fire is a full-service organization operating seventy fire stations serving
approximately 750,000 citizens throughout the approximately 16,535 square miles of
unincorporated territory plus seven incorporated cities including Adelanto, Fontana,
Grand Terrace, Hesperia, Needles, Victorville, and Yucca Valley. County Fire provides a
full range of emergency services including ladder trucks and elevated stream operations,
fire boats for water rescues, snow cats for winter operations, heavy equipment dozers
and front-loaders for flooding and earth moving, hand crews, ambulance transportation
in seven ambulance operating areas, paramedics on engines and ambulances, and large
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
incident command and control capability. County Fire's chief officers are trained to
function in various Incident Command System (ICS) capacities while some participate on
Interagency Management Teams. Levels of service vary in each community based on
County Fire's available revenue. Staffing in County Fire stations varies from all paid-call
firefighters to two, or three, career firefighters on each fire engine.
The City of San Bernardino is located within San Bernardino County Fire's Valley
Service Zone. The Valley Service Zone currently staffs and deploys the following:
> Table 1. County Fire Valley Service Zone Staffing and Resources
Personnel ResOUrccs
Division Chief 1 Type I Engines
Battalion Chief(s) 6 Type III Engines
3 Administrative 3 Type VI Engines
0
% Fire Captains 42 Ladder Trucks
2 Fire Engineers 42 Type I Hazmat Unit
Firefighters (PM) 54 Heavy Rescue
w Firefighters 18 Squads
Water Tenders
Utilities
XCommand Vehicles
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3 To provide service to the City, County Fire would add an additional Division and
Division Chief to the Valley Service Zone. County Fire would also add their fully funded
CA current station in Mentone (Station 9) to the new Division.
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B. Emergency Medical Response
County Fire is the largest provider of pre-hospital care in the County and second largest
3 ambulance transport provider. This level of service is provided using Paramedic
MEngine/Truck/Squad Companies or Paramedic Ambulances depending on the need of
the local communities. County Fire also has an extensive Automatic External
Defibrillator (AED) program operating in 27 communities with 52 defibrillators.
C. Hazardous Materials Response
County Fire Hazardous Materials Division has maintained and implemented a
comprehensive Hazardous Materials Emergency Response Team since 1983, which
responds to all incidents associated with the release of hazardous materials or hazardous
wastes throughout the County. The team is fully equipped and comprised of ten
Registered Environmental Health Specialists who are trained to the State of California
Hazardous Materials Specialist level.
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
For individual emergencies and disasters, hazardous materials responses are
coordinated through the Incident Command System, the Standardized Emergency
Management System (SEMS) and the automatic aid provisions. In addition to the ten
Registered Environmental Health Specialists, County Fire maintains two Type II
Hazardous Materials Response Units. One unit is located in the West Valley and one
unit in the North Desert. The units are staffed with 36 Specialist Level members of
the hazardous materials team. County Fire also maintains five Decontamination Trailers
located in the various divisions for quick regional response. These units provide for the
rapid decontamination and clothing of up to 500 victims for release or treatment during
an emergency. Hazardous materials equipment, response, and training are coordinated
through the Interagency Team concept adopted by the San Bernardino County Fire
Chiefs' Association as an efficient delivery of specialized hazardous materials
response throughout the County. Depending on the incident and resources available,
M members of the team may fill any position in the Incident Command System ranging
c from entry and de-con personnel, team leaders, HAZMAT group supervisor, PIO,
Csafety officer and unified incident commanders.
The Hazardous Materials Emergency Response Team is critical to civil and criminal
investigations. The team provides the expert testimony, obtains and prepares and
documents evidence, and conducts the sampling maintaining the chain of custody for
*Amp, any evidence collected.
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D. Rescue Operations
3 County Fire is one of California's largest Office of Emergency Services (OES) Urban
A Search & Rescue (USAR) local government resources. The County Fire currently deploys
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three Heavy Rescues and one Medium Rescues. County Fire has also been certified by
the State of California as a Regional Taskforce for USAR providing RTF-6 for response
throughout the State of California. County Fire currently has 70 personnel trained to
"Heavy" Type I response capability, and these numbers continue to grow. Additionally,
3 nearly all of County Fire's personnel have been trained in swift-water rescue, over-the-
3 side rescue, and other various aspects of technical rescue. County Fire has also taken the
lead within the County in the fight against terrorism. County Fire has been the recipient
of numerous grants from the Federal Government for terrorism preparation. County
Fire is also very active on the Terrorism Early Warning Group, the Terrorism Oversight
Committee and Bio-Terrorism Operations Committee.
Urban Search&Rescue is considered a multi-hazard discipline; as it may be needed for a
variety of emergencies or disasters,including earthquakes, storms and tornadoes, floods,
dam failures, technological accidents, terrorist activities, and hazardous materials releases.
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District-Plan of Service
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E. Mass-Casualty Incident Response
County Fire deploys trained and experienced personnel and resources to effectively
manage mass-casualty incidents (MCI). Fixed resources include 11 self-contained MCI
trailers stocked with medical equipment including backboards, blankets, trauma
dressings, IV solutions, oxygen, triage tarps, etc., and each are designed to be towed
or lifted by helicopter to the scene of a major medical incident. The MCI trailers are
strategically located within each of the divisions near the likely locations of mass-casualty
incidents such as transportation corridors and remote mountain communities. County
> Fire can also mobilize multiple ALS and BLS ambulances through existing Ambulance
Mutual Aid Agreements on file with ICEMA. County Fire recognizes, and prepares for
mass-casualty incidents in the event of an act of terrorism, natural disaster, or
transportation incident.
F. Arson Investigation Services
°, County Fire provides Arson Investigation services for all areas served by the County
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? Fire. The County Fire Fires Investigation Bureau has six investigators with at least one
supervisor assigned daily. Fire prevention inspectors who are assigned a geographical
region may also respond as fire investigator. The assigned investigator along with the
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back-up investigator covers all investigations after hours. The investigator who performs
these duties are armed Peace Officers. Their responsibility is to conduct fire
investigations for cause and origin, conduct criminal investigations, assist the local law
enforcement agency, and County District Attorney with the prosecution of cases.
County Fire investigators work in conjunction with the San Bernardino County Sheriff
y Department Arson and Bomb Unit on multi-agency crime scene investigations. The Fire
Investigation Unit conducts over 500 investigations annually.
y G. Major Disaster Response
County Fire has a proven history of managing major incidents and disasters. Major
disaster response usually includes the activation of Incident Management Teams to
.'�. effectively manage the incident, and to free-up local resources and personnel. Several
County Fire personnel on Interagency Management Teams functioning as Incident
Commanders, Operation Section Chiefs,Logistics Chiefs, Safety Officers,
Division/Group Supervisors, Public Information Officers, GIS Technical Specialists
(mapping technicians), and Helicopter Coordinators. County Fire is also a participant in
the San Bernardino County Chiefs Incident Management Team. Employees assigned to
Incident Command Teams are all NWCG 310-1 Red-Card Certified (National Wildfire
Coordinating Group). County Fire also has their own Type III Incident Management
Team.
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
H. Confined-Space Operations
County Fire provides training to all suppression personnel to the Confined Space
Awareness level. This level of training allows for basic confined space rescue
operations and the establishment of the Incident Command System while awaiting the
arrival of technical rescue team members. The majority of County Fire's personnel
have obtained a higher level of training comprised of the Confined Space Rescue
Operational level. C ounty Fire has the capability of performing complex rescue
operations using state-of-the-art rescue equipment. County Fire maintains and
> operates supplied-air breathing apparatus (SABA), intrinsically safe communications
and lighting equipment, tripods for vertical entry and rescue operations, rope rescue
3 systems, and other specialized equipment for complex confined space rescue
operations.
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3. Fire Prevention
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A. Pre-development Planning
County Fire will assign members of the Fire Prevention Planning and Engineering
w Section to coordinate and participate in the City's development review process. This
allows County Fire personnel to convey Fire Code requirements to contractors and
developers interested in developing projects within the City. The Fire Prevention
Planning and Engineering personnel will also review proposed developments,inspect
Mproposed development sites, meet with City and County Building Officials, Planners and
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staff to make appropriate recommendations to developers.
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CA B. Plan Submittal Review
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The Fire Prevention Planning and Engineering Section will review all residential,
c> commercial, industrial, and manufacturing plans as well as tract maps for compliance
CD with the appropriate fire and building codes as well as our local ordinances and
P standards. The Prevention personnel will provide written comments to proposed
developers and contractors regarding conditions and requirements for their projects
and/or proposed developments. The Prevention staff will be available for questions
pertaining to the proposed projects or developments.
C. Development Inspection
County Fire will provide site inspections of all developments within the City of San
Bernardino requiring such inspections. Fire inspection personnel will coordinate and
schedule inspection dates and times with the contractors and developers.
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
D. Post Occupancy Inspections
Pre-Fire Plannin,g- County Fire will perform pre-fire inspection service assessments. An
Engine company will perform these inspections through a coordinated effort with the
Fire Prevention Division. Each engine company will be given a geographical area and be
required to perform these inspections and generate pre-fire planning diagrams.
Permit Inspection and Permit Issuance- County Fire will provide annual inspections and
permit issuance for occupancies as outlined in the California Fire Code and any County
y or City ordinances.
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3 New Business Review- County Fire will perform new business occupancy inspections upon
M request from Land Use, Planning and Building and Safety. The expectation would be for
Building and Safety to notify County Fire when a new business is being considered for a
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business license.
vA E. California Fire and Building Code Administration
? County Fire administers the San Bernardino County Fire Code as amended from the
M California Fire Code as well as State Fire Marshal regulated sections of the California
w Building Code. A committee was established under the direction of the San Bernardino
County Fire Chiefs'Association whose sole responsibility is to monitor changes, code
adoptions and prepare staff reports with recommendations to the Fire Marshal for
ordinance amendments and for proper interpretation of the San Bernardino County
� Fire Code.
F. San Bernardino City Fire Code Administration
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As part of the annexation process, County Fire would require that related County
ordinances and fee schedules would be adopted by the City.
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G. Weed Abatement
3 County Fire performs vegetation risk assessments within its jurisdiction. Property owners
are required to abate their property of weeds and vegetation that could create a fire
hazard and pose a potential threat to adjacent properties. Property owners are given
written notice to abate within a specified time frame to remain in compliance. County
Fire will work with City code enforcement to gain voluntary compliance. If voluntary
compliance is not obtained, there is an administrative citation process and a property lien
process available depending on how compliant the property owner wishes to be.
Generally,voluntary compliance has a high success rate in reducing neighborhood fire
risk associated with vegetation management.
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
H. Fire Investigations
County Fire will provide fire investigative services and Fire Code law enforcement
twenty-four hours per day in the City. Fire Investigators are sworn Peace Officers and
Reserve POST certified investigators. County Fire also participates with the San
Bernardino County Arson Task Force (SBCATF) under a cooperative agreement. The
SBCATF provides additional investigations services for large scale and difficult to
manage investigations without additional costs to jurisdictions.
y 1. Public Education and Special Events
Public education and special event management will be provided through County Fire's
3 Community Safety Division with trained Fire Prevention Specialists. County Fire's public
education programs include education for kindergarten through twelfth grade, the
Juvenile Fire Starter Intervention program and customized program delivery for senior
citizens.
0
0.
zSpecial event management incorporates all large venue events such as California
Speedway and San Manual Amphitheater as well as specialized management for
individual jurisdictions events. Special Events Unit provides permitting and inspection
A. services for all special events within County Fire's service area.
r
4. Dispatch/Communications
0
CD County Fire will transition the City of San Bernardino to the Confire JPA (CommCenter)
Dispatch Center located in Rialto. County Fire will continue the use of the trunked
3 Motorola 800 MHz radio system for all apparatus and staff vehicles and the County 900
MHz paging system. The Confire system also provides Automatic Vehicle Locators
(AVL), Mobile Data Computer (MDC), and WiFi hotspots on all units to support the
cc latest generation of Computer Aided Dispatch (CAD) and support. The Confire system
dispatches the closest available unit by using the call location and real time AVL
information to determine the closes unit. The MDC's provide can details, mapping and
pre-plan information. Patient Care Reports are generated on tablet computers that are
linked through the WiFi hotspot to the call data.
Confire is also a certified provider of Medical Priority Dispatch System (MPDS). The
system is a medically approved, unified system used to dispatch appropriate aid to
medical emergencies including systematized caller interrogation and pre-arrival
instructions. MPDS starts with the dispatcher asking the caller key questions. These
questions allow the dispatchers to categorize the call by chief complaint and set a
determinant level ranging from A (minor) to E (immediate life threating) relating to the
severity of the patient's condition. The response then may be altered based on the
'� determinant level. A two person squad may respond to A and B level calls without an
engine company. This approach accomplishes two goals, ensuring a response and
7
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[ VC 6d IOMOed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
evaluation to all 911 calls for service regardless of the status of the ambulance company
and keeps the engine companies available and in their areas for the higher level calls.
County Fire proposes to serve the City with one squad in the core of the city to run the
low severity medical aid calls. The Confine JPA provides the network connectivity for all
San Bernardino County Fire Stations to allow for system inter-action of various County
Fire programs and management tools.
A. Estimated Average Response Time for Incident Response
D Currently the City does not have a set response time goal. A June 2014 report by fire
service consulting firm (Citygate) indicated that call to arrival time for 90% of calls was
3 9:36 minutes in 2013, which was above the time of seven minutes generally considered
(D satisfactory in an urban setting. In particular call handling time of 2:31 and turnout time
„
of 2:11 were significantly above industry standards.
;v
c County Fire's goal is to meet the National Fire Protection Association (NFPA) 1710
recommendations for the arrival of the first unit in five minutes and the first alarm in
eight minutes but only meets this in some urban areas. Ninety percent of County Fire's
calls are processed and,dispatched in less than two minutes and eighteen seconds. Due
w to improvements in call processing time and as a result of utilizing County Fire Station
J 75, response times are expected to be at least be equal to current levels.
T B. Existing Dispatch Equipment
X
The following dispatch equipment from the City Dispatch Center will be transferred to
County Fire (Confine JPA) for continued used in dispatching and alerting units.
SN.vzY�., a_,rf'.. .`..�sz"ix}�, t.• e s r
3' Dell T3500 CPU 41372FQ1 FD01 area
D
Dell 2408WFP monitor MX-OG283H•74262-891-234S FD01 area
Dell 2408WFP monitor MX-OG283H7. 4262-891-1035 FD01 area
Viewsonic VG930M-3 QC2101620855 FD01 area
monitor
HP LaserJet Pro 300 Color CND8FCC8RY FD01 area
MMP printer
Dell Precision E22lhB 6MH6YR1 FD01 area First in alerting client
HP DC 5000 MP CPU 2UB440020V FD03 area Internet PC
Acer 245HQ Monitor 20902875543 FD03 area
Dell GX 270 F615341 FD01 area Internet PC
First-IN keypad (Modell# 849817 FD01 area
FRIC-AU)
XTS 5000 721CLK0848 FD01 area
Spectra (S45ZXA5JC7AK) 581AUA3125 FD01 area
Dell T3500 CPU 4671FQ1 FD02area
Dell 2408WFP monitor MX•OGM504-74262-7AJ-2CES FD02 area
8
5£ 'Bd 18)13ed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
Dell 2408WFP monitor MX-OGM504-46634-79H-1HFS FD02 area
HP RA373A monitor FD02 area
First-IN keypad (Model# 849819 FD02 area
FRIC•AU)
XTS 5000 721CLK0849 FD02 area
Spectra (S45ZXASJC7AK) 581HRE0185 FD02 area
Del T3500 CPU 41363FQ1 FD03 area
Dell 2408WFP monitor MX•OGM504-74262 7AK ITIS FD03 area
Dell 2408WFP monitor MX-0GM504-74262-B7A•2AAS FD03 area
> HP RA373A monitor CNN84500SQ FD03 area
First-IN keypad (Model# 849818 FD03 area
= FRIC•AU)
3 XTS 5000 721CLK0847 FD03 area
Spectra (S45ZXASJC7AK) 581AUA2573 FD03 area
v Dell T3500 CPU GBG8PS1 Supervisor
o. Acer 245HQ monitor 20902874743 Supervisor
C First-IN RIC(Model#QRIC- 849845 Server Room Radio interface
Z3 04-A-DT) controller
m Dell Poweredge R710 JV7TBP1 Server Room First in alerting server
w
Other notes: Each dispatch station has county radio console equipment, which is leased from the
r- county. Each console has a Centercom Gold Series and Zetron 3022.
r_
5. Administration
to
A. Liaison to the City
The Fire Chief of the San Bernardino County Fire Protection District will assign a
D Division Chief as the Fire Chief for the City of San Bernardino. The Division Chief shall
9
act as liaison to the City regarding fire protection issues. If the City is required to
maintain a Fire Chief, then the Mayor of the City of San Bernardino shall appoint such
Fire Chief, subject to the approval of the City's Common Council, and the County
Division Chief shall continue to be the liaison between County Fire and the City.
B. Meeting Attendance
The assigned Division Chief will attend all meetings as requested by the City. S/he will
also attend Common Council meetings as the City Fire Chief or County Fire
Division Chief and make appropriate reports on the activities of County Fire.
C. Reports and Records
County Fire maintains a variety of records that are typically maintained by fire
departments. These records include emergency responses, company inspections, facility
9
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
and equipment safety inspections, equipment repairs, employee time reports, etc.
Quarterly staff reports, review and adoption of related codes, and other related reports
requested by the City and/or City Manager will be provided in a reasonable time-frame
that is mutually agreed upon by both parties.
D. Fire Complaints and Public Information
County Fire understands the need for positive, engaged community relationships, which
is a major value for the County Fire organization. The values cited in County Fire's
D Mission Statement would be applied equally in the City of San Bernardino. Information
requested through the Public Information Act is readily available through our division
3 headquarters or fire department administrative headquarters. County Fire has an
established fee schedule and members of the public wishing copies of documents are
subject to the appropriate fees.
c E. City of San Bernardino Identity
1,
co
County Fire will work with the City Manager or his/her designee to maintain the history
and identity of the San Bernardino City Fire Department as much as possible. This
would include equipment identification, fire station signage,reports and records. County
w,_ Fire's customer service philosophy is focused on meeting the needs of the customer in
the shortest reasonable timeframe,without numerous referrals or transfers to other
departmental agencies, and mostly being courteous, polite, and helpful in every manner.
F. Financial Management
County Fire will provide the City of San Bernardino financial reports whenever
CA requested. County Fire will also work with the City to provide these reports in an
acceptable format and include any reasonably obtainable information. County Fire shall
maintain a separate accounting of all FP-5 funds generated and spent within the City of
> San Bernardino.
6. Facilities and Equipment
A. Buildings
All listed buildings and property of the San Bernardino City Fire Department would
become property of County Fire following completion of the reorganization. This
includes all City Fire property in each facility. For those properties transferred, County
Fire will then be responsible for all future maintenance, repairs and replacement. All
Quit Claim Deeds shall be prepared by the City Managers Office and ready for filing on
the date of reorganization.
10
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L£ 'Sd 483138d
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
` B. Equipment
Upon the occurrence of the reorganization the real property locations listed on Exhibit
"A" ("Transferred Facilities and Vehicles") attached hereto and incorporated by
reference (the "Transferred Facilities"), and the vehicles listed on Exhibit `B" (the
"Transferred Vehicles"), together with all the fixtures and furnishings of the Premises,
together with all firefighting equipment and apparatus used in connection with the
Facilities and Vehicles, and all property, furniture, fixtures, materials, and equipment
necessary or convenient to service, maintain, repair, provision or replace the Vehicles and
> the Premises, and any and all property, furnishings and equipment, real or personal,
previously furnished by CITY for Office of Emergency Services, fire prevention services,
3 fire protection and ALS/Paramedic services, for the purpose of performing the activities
CD
and fulfilling the responsibilities of County Fire shall become property of County Fire.
County Fire shall be responsible for all future maintenance, repairs and replacement of
vehicles, equipment, and facilities in the City of San Bernardino. The City Managers
°. Office shall prepare all Title Transfer Documents for the Vehicles listed in Exhibit"A"
and present them to County Fire by the reorganization date.
0
7. Miscellaneous
A. Assumption of Existing Personnel
"nn 1. Suppression Personnel. County Fire agrees to offer employment to all City
Suppression Personnel to the extent that each of such Suppression Personnel
3 successfully passes,in the sole determination of County Fire, the background
CD check, including review of their City of San Bernardino personnel file, training
CA
records and applicable certificates, pre-employment physical, and drug test
required by County Fire. Such Suppression Personnel will be hired as new
County Fire employees for all purposes except those set forth below. Failure
D
to pass the required background check/pre-employment physical or drug test
3 shall disqualify a person from employmentwith County Fire.
c�
2. Seniority of Suppression Personnel. County Fire agrees to maintain
employee's City service dates for the following purposes, only: (i) County
Fire's retirement contribution,with the rate to be determined by San
Bernardino County Employees Retirement Association ("SBCERA"),
recognizing that the reciprocal retirement contribution rate only applies if the
employee does not elect retirement from City's retirement plan and takes all
actions necessary to establish reciprocity; (ii) participation in the Retiree
Medical Trust Fund; and (iii) vacation accrual rate.
3. Hiring of City Non-Suppression Personnel. Offers of employment to City
non-suppression personnel with County Fire will be based on each person's
11
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BE 'Bd 10MOed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
experience, qualifications and certifications. The number of non-suppression
personnel offered employment with County Fire will be determined by the
qualifications of the employees and the availability of positions within County
Fire as of the date of reorganization. Any Non-Suppression Personnel
offered employment by County Fire will be required to successfully pass, in
the sole determination of County Fire, a background check including a review
of their City of San Bernardino personnel file, training certificates and records,
pre-employment physical, and drug test as required by County Fire. Failure
to pass the required background check/pre-employment physical or drug test
shall disqualify a person from employment with County Fire. All City Non-
=r Suppression Personnel will be hired as new County Fire employees for all
purposes except the following: (i) The County's miscellaneous employee
retirement contribution rate as determined by the San Bernardino County
d
Employees Retirement Association (SBCERA), recognizing that the reciprocal
c retirement contribution rate only applies if the employee does not elect
retirement from City's retirement plan and takes all actions necessary to
? establish reciprocity; (ii) vacation accrual rate; (iii) participation in the
Retirement Medical Trust; (iv) sick leave conversion eligibility. All Non-
Supression Personnel that are on probation at the time of employment with
County Fire will be required to serve a twelve (12) month probationary period
with County Fire. All City employees hired by County Fire will be eligible to
compete for future promotional opportunities with County Fire as soon as
they are eligible to do so. Time employed by the City will be counted for
3 pormotoons within County Fire requiring a minimum amount of time with
County Fire or achievement of a certain rank or position.
CA
4. Vacation/Sick Leave. On or before the completion of the reorganization, City
may remit to County Fire the cash value of up to 96 hours of vacation leave
and up to 96 hours of sick leave, to the extent owing, of each hired employee's
City's leave balances at the rate of pay the employee will be receiving at
a County Fire for purchase of leave balances for the hired employees (the
Vcation/Sick Leave Advance"). County Fire will have no responsibility for
determining the appropriate number of hours to be purchased by City for
employees hired by County Fire. Except to the extent covered by the
Vacation/Sick Leave Advance, City will retain all liability for employee leave
balances and related matters. City will similarly retain all liability for pre-
existing medical conditions due to occupational injuries for all City employees
hired by County Fire.
5. Unfunded Retirement Plan Liability. City will retain all liability for any
unfunded retirement plan liability as of the annexation date for all City
employees hired by County Fire. City will retain all liability for any promised
retirement benefits, such as health insurance maintenance or payment.
12
P'b'£
6£ '6d 4e313ed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
County Fire does not accept any liability regarding City employees that arises
from City employment up through the reorganization date.
6. Positions with County Fire. Notwithstanding any provision to the contrary in
the Personnel Rules for Board Governed Special Districts to which County
Fire is subject, all Suppression Personnel and other City employees that are
offered employment by County Fire upon or shortly after the annexation date
will be offered compareable positions with County Fire at a base salary
(without incentive) and step, as effective March 1, 2016, that is closest in pay
> to the City fire department position salary for that position, except in
scircumstances where City salary is higher than County Fire's top step for the
position offered, in which case County Fire's top step will be applicable.
Suppression Personnel hired by County Fire will be offered employment in
M positions as determined by County Fire. Management Suppression Personnel
n that are offered employment will be placed at the salary rate of a top step
° Captain with County Fire. Within thirty (30) days of employment with
County Fire, all City Fire Management will be eligible to test for Chief Officer
County Fire positions created through the annexation of the City of San
A Bernardino. All City Fire Management personnel successfully passing the
testing process shall be placed on a promotional list that will be created on or
about September 1, 2016. Such list shall be effective one (1) year from its
creation or until there are no employees on the list, whichever occurs first.
X No hired Suppression Personnel will be placed at a salary level above a County
Fire top step Captain. All Suppression Personnel that are on probation at the
time of employment with County Fire shall serve a twelve (12) month
= probationary period with County Fire. All City employees hired by County
Fire will be assigned to the retirement system associated with County Fire's
classifications, and will be eligible to compete for future promotional
opportunities with County Fire as soon as they are eligible to do so. Time
employed by the City fire department and the rank with the City fire
department will be counted for promotions within County Fire requiring a
minimum amount of time with County Fire or achievement of a certain rank
within County Fire.
7. Maintenance of Certifications. City Personnel hired by County Fire will be
required to maintain all appropriate licenses, certifications and registrations for
the position they are assigned.
The City and County will work together to make the transition as smooth as
possible. The County will provide an orientation for City employees during
the transition to cover options for City employees. The County will provide
staff from the County's retirement system (SBCERA) to give City employees
their options regarding the retirement system. The City has and will continue
13
0V'6d 40310ed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
0 to meet and confer with the appropriate labor organizations representing both
suppression and non-suppression personnel regarding the implementation of
the above terms and consistent with applicable time-lines necessary to the
annexation proceedings.
Employee Transition Plan:
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S+ 4j Ck �f`�1 �s'�`:,t�5- Fl i+�..Y�'.k- {-! 13 t A 4 _af..� {�4 �'f�X��f�� ��g-�x�l L �'�.�S7+St:�Y2r�3'.7'•4�i #��.�J sill r�",t "
M Suppression Staff
T
d Fire Chief 1 Fire Captain 1
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Deputy Fire Chief 1 Fire Captain 1
Battalion Chief 6 Fire Captain 6
A
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Fire Captain 37 Fire Captain 37
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Captain/Investigator 1 Fire Captain 1
X
Fire Engineer 30 Fire Engineer 30
M
Firefighter/Paramedic 36 Fighter/Paramedic 36
cc
SUPPRESSION TOTALS 112 112
M
3
0
Office Staff
Administrative Analyst II 1 Staff Analyst I,II or Budget Officer 1
Executive Assistant to Director 1 Office Assistant II or III 1
Senior Admin.Assistant 3 OA I,II;Payroll Clerk,Fiscal Asst 3
OFFICE STAFF TOTALS 5 5
14
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
Training Staff
EMS Coordinator RN 1 EMS Nurse Educator 1
TRAINING TOTALS 1 1
D
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S
3 Dispatch
Dispatch Supervisor 3 Dispatcher 3
O
C Dispatcher II 8 Dispatcher 8
n
Dispatcher I(Flex) 1 Dispatcher 1
w DISPATCH TOTALS 12 12
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' Fleet Services
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Equipment Maintenance Sup. 1 Fire Mechanic 1
3
(>Q Mechanic II 2 Fire Mechanic 3
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3 Mechanic I (Flex) 1 Fire Mechanic or County Mechanic 0
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Senior Warehouse Driver 1 Fire Equipment Tech 1
FLEET TOTALS 5 5
Fire Prevention
Fire Marshal 1 Fire Prevention Supervisor or FPS 1
15
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Zti rid 40108d
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
Fire Risk Reduction Supervisor 1 Fire Prevention Officer or Fire 1
Prevention Specialist
Fire Prevention Officer 4 Fire Prevention Officer or Fire 4
Prevention Specialist
PREVENTION TOTALS 6 6
D
sThe County Fire positions listed in red will require review of the City employees'
qualifications and experience to ensure the employees meet the minimum requirements
for the County position and determine what position can be offered.
0
B. Workers Compensation Insurance
C Workers compensation will be provided by County Fire in accordance with State law and
its own policies and requirements. The City will have no responsibility for workers
compensation expenses or administration after the date of annexation. Legacy workers'
w compensation costs will remain with the City. The City shall have provided County Fire
r and LAFCO with documentation evidencing, to the reasonable satisfaction of County
Fire and LAFCO, that City has obtained or will obtain by the completion of the
"n reorganization adequate worker compensation tail insurance covering all workers
compensation claims of all City suppression personnel and other City employees to be
hired by County Fire incurred before the annexation date.
0
3 C. Vehicle and Liability Insurance
Vehicle ownership along with vehicle liability insurance would be transferred to County
> Fire. The City will have no responsibility for vehicles or equipment expenses or
to,
CD administration after the date of annexation.
co
3
D. Subcontractors
County- Fire does not intend to subcontract any portion of the service described
herein.
E. Litigation
The disposition and impact of any litigation filed prior to the completion of the
reorganization with City of San Bernardino fire department employees (individual or any
collective bargaining group) will be the responsibility of the City of San Bernardino. If
the reorganization is not completed because of any litigation the operation of the City
Fire Department will continue with the City until the litigation is resolved and the
reorganization is completed. The City and the San Bernardino City Professional
16
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
Firefighters' Union are currently in settlement discussions regarding administrative
claims and lawsuits filed separately or in connection with the City's Bankruptcy Court
proceedings.
F. Legacy Costs
All existing liabilities and legacy costs including but not limited to Workers
Compensation, Retirement System unfunded liability, and existing leave balances shall
remain with the City. The County shall only be liable for costs incurred after the
v reorganization date.
3 G. CFD Transfer
3
cD
.'� The north end Community Facilities District (CFD-1033) shall be transferred to the San
Bernardino County Fire District through LAFCO pursuant to Government Code
0
Section 56886(u). This funding shall continue to be used for the ongoing maintenance
N and operation of the Verdemont fire station.
H. City Contract with San Manual Fire
The City of San Bernardino has a contract with the San Manual Band of Mission Indians
to provide dispatching, mechanic, reserve units, fire prevention services, and automatic
aid as needed. This contract expires June 30, 2017 and was prepaid by San Manual. The
remaining cash value of the contract for service between July 1, 2016 (reorganization
date) and June 30, 2017 is $86,333. This amount shall be paid to the County Fire District
= by the City of San Bernardino by the reorganization date and the County Fire District
N shall provide the services specified by the contract for the remainder of the contract
term. The County Fire District has the full ability to provide the outlined services to the
San Manual Fire Department that were provided by San Bernardino City. At the
cc conclusion of the existing contract the County Fire District intends to enter into a new
contract with San Manuel Fire if they elect to continue the partnership with the District.
3
i. ARFF JPA
The County Fire District will continue the Aircraft Rescue and Firefighting joint Powers
Authority that exists between Crafton Hills College, San Bernardino County Fire District,
and the City of San Bernardino. This JPA operates the ARFF training facility at San
Bernardino International Airport.
J. City Contract with County Fire
17
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VV 'Bd 48)10ed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
Couty Fire currently contracts with the City of San Bernardino to provide fire, rescue,
and EMS services to several County pockets within the City. County Fire pays the City
approximately $487,000 per year to provide this service. Upon the reorganization these
funds will stay in the Valley Service Zone to support the increased call volume and cost
for County Station 75 in Muscoy and County Station 2 in Devote as they support
operations within the City of San Bernardino.
8. Staffing Plan
D
The City's Common Council chose and approved the submitted staffing model on
3 August 24, 2015.
A. Facilities and Equipment
County Fire will take ownership of all listed facilities and vehicles upon completion of
°.
� the annexation.
z B. Equipment and Station Replacement Fund
w County Fire would establish a capital replacement program for the replacement of City
equipment and remodeling or replacement of stations as needed. County Fire proposes
the vehicle replacement program be based on an age replacement schedule. Some
,n vehicles may need replacement sooner while others may be extended depending on the
X usage of the vehicle. Any replacement schedule will need to meet County Fite's available
CD
3 funding and replacement policies. County Fire recommends the following vehicle and
apparatus replacement schedule:
Table 2. Proposed City Vehicle Apparatus and Replacement Schedule
ca
> • Engine 20 years (10 to 12 years frontline/8 to 10 years reserve)
• Ladder Truck 20 years (10 to 12 years frontline/8 to 10 years reserve)
• Water Tender 20 years
—3""- e Brush Engine 20 years
• Squad 7 years (5 years frontline/2 years reserve)
• Staff Vehicle 7 years
• Command Vehicle 7 years (5 years frontline/2 years reserve)
County Fire will establish a Capital Replacement Fund starting at$1,839,330 with the
annexation in fiscal 2016/17 and increasing at 2% per year thereafter. The formula is
based on the above replacement schedule and the following vehicles and stations.
Type Number Annual Reserve
18
P'H'£
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
�rr
Engine 10 630,697
Truck 2 221,340
Squad 1 34,355
Air/Light 1 11,985
y Command 4 47,793
Brush Engine 5 153,677
3
e�
TPrevention Supervisor 2 7,344
0 Prevention 4 11,424
N
z Utility 1 4,675
m
Generator 2 2,040
,*Moo,
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X
Station Replacement 10 714,000
3
c
d
cc Total 1,839,330
3
C. Service Level
County Fire believes this service model best meets the City's need to provide a level of
service adequate for cities of comparable size, area, and demographics. County Station
75 (Muscoy) is integral to this service model. The ten identified fire stations would be
staffed daily with 38 full-time employees as shown in the table below. Each unit would
provide Advanced Life Support services and the fire stations will be supervised by a
Battalion Chief who will be on-duty twenty-four hours per day, seven days per week
and respond to all incidents requiring a Chief Officer. County Fire Station 75 would
cover the current area served by Station 223. A future goal would be to add an
additional squad to run the high volume of low priority medical aids in the core of the
19
9v'Bd 40113ed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
City. This plan would use the Priority Dispatch Program to reduce the call volume for
the engine companies and keep them available in their areas for major emergencies.
The annual estimated operating cost for fiscal 2016/17 excluding one-time
start-up costs is $31,411,666.
Table 3. Sen ice and Staffing Plan
Position # Annual
> Operating
Cost
3 Division Chief 0.93 277,958
Battalion Chief 2.80 752,536
Captain 36.00 7,717,896
Engineer 36.00 6,713,820
0 Firefighter/PM 39.00 6,423,846
Firefighter 3.00 453,021
Deputy Fire Marshal 1.00 231,659
Fire Prevention Supervisor 1.00 144,546
w Fire Prevention Specialist 2.00 245,098
Fire Prevention Officer / Arson 1.00 191,805
Fire Prevention Officer 3.00 316,824
Fire Prevention OA II 1.00 60,440
Office Assistant III 0.93 56,400
Staff Analyst I 0.93 86,796
Total Personnel Costs 128.58 23;672,.645
Station Expenses 2,143,275
3 Service/Supplies/Dispatch/MIS 2,534,749
n Overhead/Support 1,221,667
t° Total Operating Expenses 5,954,691
Capital Improvement Fund 1,839,330
Total personnel and Qp&atin k $31,411,dO
Daily Staffing configuration:
Station 221 — Engine, Truck (CAP, ENG, FF/PM + CAP, ENG, FF/PM)
Station 222 — Engine (CAP, ENG, FF/PM)
Station 223 - CLOSED
Station 224- Engine, Truck (CAP, ENG, FF/PM + CAP, ENG, FF/PM)
Station 225 — Engine (CAP, ENG, FF/PM)
Station 226 — Engine, Squad (CAP, ENG, FF/PM + FF/PM, FF)
Station 227 — Engine (CAP, ENG, FF/PM)
Station 228- Engine (CAP, ENG, and FF/PM)
20
Pv£
Lti'fid�a�l�ed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
Station 229- Engine (CAP, ENG, and FF/PM)
Station 230 - CLOSED
Station 231 — Engine (CAP, ENG, FF/PM)
Station 232 — Engine (CAP, ENG, FF/PM)
D
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City of San Bernardino Annexation into the San Bernardino County Fire Protection
District - Plan of Service
Exhibit A
Transferred Facilities and Vehicles
Facilities
• Station 221 - 200 E. 3rd Street (APN 0135-181-63-0000)
D • Station 222 - 1201 W. 9th Street (APN 0139-241-07-0000)
• Station 224 - 2641 N. E Street (APN 0149-161-17-0000)
� • Station 225 - 1640 W. Kendall Drive (APN 0266-601-03-0000)
• Station 226 - 1920 N. Del Rosa Avenue (APN 0273-011-22-0000)
Station 227 - 282 W 40th Street (APN 0154-211-17-0000)
• Station 228 - 3398 E. Highland Avenue (APN 0285-191-05-0000)
c • Station 229 -202 N. Meridian Avenue APN 0142-051-13-0000)
• Station 231 - 450 E. Vanderbilt Drive (APN 0281-341-09-0000)
• Station 232 - 6065 Palm Avenue (APN 0261-191-06-0000)
0
`D . Fleet Facility— 120 S. D Street (APN 0136-122-89-0000 & 0136-122-90-0000)
w
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Station 223 (2121 Medical Center Drive) and station 230 (502 S. Arrowhead) will not be
transferred to County Fire.
W
VEHICLES
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� � '.L �£?kx{� F 4*. 5�s, r.-• ���{y� i x � a.LI�L`�O� +- x ,L�14 r?i t � �a�'
3 ;�3� �,.R r� ai' 4,g,' •Rr�gF a ct 4 1,t.x �'3� a - � n•�$'•w�'fc''� Fa Tr '1 :
cQ AL-1 2002 PIERCE/SABER 1113897 AIRILIGHT 221
BC-5 2002 CHEVY TAHOE 1113872 EMS Coord
BC-6 2002 CHEVY TAHOE 1136817 Res
BC-7 2007 CHEVY TAHOE 1245232 C-600
BC-8 2007 CHEVY TAHOE 1256945 DC-601
BC-9 2007 CHEVY TAHOE 1270315 BC-605
BC-10 2007 CHEVY TAHOE 1272826 BC-603
BC-11 2007 CHEVY TAHOE 1272827 BC-604
BC-12 2007 CHEVY TAHOE 1272828 BC-602
BE-1 2000 INTERNATIONAL 1041396 BE-225
BE-2 2000 INTERNATIONAL 1041397 BE-228
BE-3 2000 INTERNATIONAL 1041398 BE-232
BE-4 2002 INTERNATIONAL 1113898 BE-226
22
pv£
6t+'Sd 4e)l013d
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
BE-5 2002 INTERNATIONAL 1113896 BE-227
FL-2 1999 CAT 1351160 FORKLIFT
G-1 2009 WHITEMAN 1413441 SBIA
G-2 2012 WHITEMAN 948867 SHOP
G-3 DAYTON N/A SBIA
HM-2 2000 PIERCE/SABER 1041399 HM-231
HM-3 2004 SPORT TRAILER 1176878 HM-231 TRAILER
HR-1 2002 PIERCE/SABER 1113899 HR-221
D HR-2 2005 WELLS TRAILER 1202588 HR-221 TRAILER
MC-1 2011 MOTOR HOME 1353921 DISASTER PREP
3 ME-9 1999 PIERCE/DASH 1012639 RESERVE
ME-10 1999 PIERCE/DASH 1031234 RESERVE
V ME-11 1999 PIERCE/DASH 1012638 RESERVE
ME-12 1999 PIERCE/DASH 1012637 RESERVE
% ME-13 1999 PIERCE/DASH 1012641 RESERVE
Cn
ME-14 1999 PIERCE/DASH 1012642 RESERVE
A ME-15 1999 PIERCE/DASH 1012643 RESERVE
ME-16 2000 PIERCE/DASH 1057355 ME-225
r ME-17 2000 PIERCE/DASH 1057356 ME-227
ME-18 2000 PIERCE/DASH 1057357 ME-229
r ME-19 2000 PIERCE/DASH 1057358 RESERVE
ME-20 2004 PIERCE/DASH 1149085 ME-232
(D ME-21 2008 PEIRCE/ARROW 1202931 ME-221
ME-22 2008 PEIRCE/ARROW 1202887 ME-222
CA ME-23 2008 PEIRCE/ARROW 1202889 RESERVE
n�
3 ME-24 2008 PEIRCE/ARROW 1202888 ME-224
y ME-25 2008 PEIRCE/ARROW 1202938 ME-231
cc ME-26 2008 PEIRCE/ARROW 1202940 ME-226
c3
3 ME-27 2008 PEIRCE/ARROW 1202939 ME-228
eo
RS-3 2003 CHEVY/PU 1169593 REPAIR
.. SQ-1 2008 FORD/17-450 1302512 MS
SQ-2 2011 FORD/F-450 1358360 MS
SS-18 2000 FORD/RANGER 1063863 PARTS
SS-20 2001 FORD/CROWN VIC 1288188 EQUIP. SUPER
SS-22 2001 FORD/F-250 1081865 DELEVERY
SS-23 2001 FORD/CROWN VIC 1119818 POOL
SS-24 2001 FORD/CROWN VIC 1119819 POOL
SS-25 2001 FORD/CROWN VIC 1119820 POOL
SS-26 2001 FORD/CROWN VIC 1119821 ADMIN
SS-27 2001 FORD/TAURUS 116308 POOL
23
09 '6d 4014Oed
City of San Bernardino Annexation into the San Bernardino County Fire Protection
District- Plan of Service
SS-28 2002 CHEVY/S-10 1120978 PREVENTION
SS-29 2002 CHEVY/S-10 120977 PREVENTION
SS-30 2002 FORD/TAURUS 1132592 PREVENTION
SS-32 2002 FORD/TAURUS 1147946 PREVENTION
SS-34 2005 CHEVY/EQUINOX 1209227 PREVENTION
SS-35 2005 CHEVY/EQUINOX 1209223 PREVENTION
SS-36 2005 CHEVY/EQUINOX 1209228 PREVENTION
SS-37 2005 CHEVY/EQUINOX 1209229 PREVENTION
D SS-38 2005 CHEVY/EQUINOX 1209224 PREVENTION
SS-41 2002 CHEVY/TAHOE 5XSM564 INVESTIGATIONS
SS-42 2005 FORD/F-150 8M17730 INVESTIGATIONS
SS-43 2006 FORD/CROWN VIC 1225383 SWAT-MEDICS
M SS-44 2001 DODGE/RAM 2500 1202944 ARSON
SS-46 2006 TOTOTA/4 RUNNER 6WGR290 INVESTIGATIONS
0` SS-47 1988 FORD/PU J4409 ATF(LOAN)
N
Z
T-2 1993 SEAGRAVE 374833 RESERVE
T-3 1999 PIERCE/DASH 1012640 RESERVE
A T-4 2008 PIERCE/ARROW 1202891 T-224
w T-5 2008 PIERCE/ARROW 1202892 T-221
UT-1 2007 AZTEX/TRAILER 1202924 TRTAILER 225
UT-2 2007 AZTEX/TRAILER 1202925 TRAILER 231
UT-3 2007 SPORT TRAILER 1234354 EXPLORER TRAILER
UT-4 2007 SPORT TRAILER 1234355 HONOR GD TRAILER
UT-5 2007 SCOTTY SAFETY 1234362 PUB ED TRAILER
CA
UT-6 2008 FORD/17-450 1312634 STAKE BED
UT-7 2011 SPORT TRAILER 1361387 CERT TRAILER
y UT-8 2011 SPORT TRAILER 1361388 CERT TRAILER
m
UT-9 2011 SPORT TRAILER 1361389 CERT TRAILER
c�
3 UT-10 2011 SPORT TRAILER 1361390 CERT TRAILER
e�
UT-11 2011 SPORT TRAILER 1361391 CERT TRAILER
UV-1 2007 KAWASAKI/MULE N/A MULE 231
UV-2 12007 1 KAWASAKI/MULE N/A MULE 225
P-2 1948 SEAGRAVE 126921 (parade vehicle) to remain as property of CITY.
0011vV.,4J4 2- ` IG ` 20[ �
MAR q HAR 1, Date
Fire Chief
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3.A.d
City of San Bernardino
Annexation into the
San Bernardino County Fire Protection District
Plan of Service Update
.January, 2016
Employee Transition
The chart at the bottom clarifies the transition of the existing employees and also shows the funding
source for their new positions.
w
The existing 8 Chief Officers and 38 Captains will be offered Captain positions with the County Fire =
m
District. City funding to the Valley Service Zone will fund 36 new Captain position in the City and the m
remaining 10 people will fill existing funded vacant Captain positions within County Fire.
Q
The City currently has 30 Engineers and City funding to the Valley Service Zone will fund 36 Engineer c
L
Positions. The vacancies will be filled with overtime until promotions can be made. s
Cn
m
The City currently has 36 Firefighter Paramedics and City funding to the Valley Service Zone will fund 39
Firefighter Paramedics and 3 Firefighters. The vacancies will be filled with overtime until new hiring. d
W
The City has one Administration Analyst II that will come over as a Staff Analyst I funded by City funding LL
to the Valley Service Zone.
v
The City has one Executive Assistant to Director that will come over as an Office Assistant III funded by
City funding to the Valley Service Zone. a,
The City has 3 Senior Administration Assistants who will be offered positions based on qualifications and
fit into either one Fire Prevention Fee funded Office Assistant 11 position, one PFD Administration funded o
Payroll Clerk position, or one FPD Administration funded Fiscal Assistant position in our warehouse.
a
The Cities EMS Coordinator RN will come across as an FPD Administration funded EMS Nurse Educator
for County Fire.
ca
The City currently has 3 Dispatch Supervisors, 8 Dispatcher 11's, and 1 Dispatcher 1. Con-Fire will be Q
offering them all Call Taker or Dispatcher positions based on their qualifications with all being moved to
Dispatcher positions as soon as qualified. These positions are funded by the Con-Fire dispatch charge to
County Fire.
The City has 1 Equipment Maintenance Supervisor, 2 Mechanic II's, and 1 Mechanic 1. They will all be
offered Fire Mechanic positions if qualified and County Fleet Mechanic position if not fire qualified. Two
of the positions are new and will be funded by charges to the Station Expense budgets in the new City
fire stations. The other two positions will fill vacant funded positions in County Fire.
The City has a Senior Warehouse Driver that will be offered an FPD Administration funded Fire
Equipment Technician position.
Packet Pg. 54
3.A.d
The Cities Fire Prevention Division has a Fire Marshal, one Risk Reduction Supervisor, and 4 Fire
Prevention Supervisors. County Fire will staff the office with one Fire Prevention Supervisor, one Fire
Prevention Specialist, and four Fire Prevention Officers. All existing City staff will be offered positions
based on their qualifications with all of the positions funded by Fire Prevention Fees generated within
the City.
To find the funding in the Financial Forecast the positions shown as "Direct Valley Service Zone Funded"
are listed on the top in "Staffing". Con-Fire funded positions are funded in the "Services and Supplies/
Dispatch/ MIS" cost line. Prevention Fee funded positions are listed in the staffing section and the
revenue is shown in the revenue section. FPD Administration funded or charged positions are funded
either directly through the "Overhead and Support" cost line or charged like mechanic services that are
charged to the "Station Expense" line. _
City r
Position County Con-Fire Prevention • 1 or E
•
Position Fee •D County d
Service L
• . Funded
• • • Position
1 Captain _--_- cn
Deputy Chi- 1 Captain 1 3
6 Captain ' -_- 6
Captain 38 Captain 36 2
30 Engineer 30 LL
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, 36 Firefighter 36 >
• 1 Staff Ana. 1 1 M. M
� 1 OA III 1 -
• • 3 OAI('
Payroll Cler
Fiscal Asst.¢ in
® 1 EMS Nurse Ed.
Dispat6Sup. 3 Dis atcher �
p _ --
a
Dispatcher 8 Dispatcher
Dispatcher I, 1 Dispatcher
Equip. 1 Fire Mechanic s
Mechanic 11 2 Fire Mechanic --�r
Mechanic 1 Fire Mechanic ®� Q
KfA 71 M. i 1 Fr. Equip Tech a _ ��, e
1 Fire Prev. Sup „�,a 1 ._...:...w..:.
Risk Red. Sup. 1 Fire Prev. Spec 1
Fire Prev. Off. 4 Fire Prev. Off. 4
• 141
Packet Pg. 55
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San ManueCBand of Mission Indians
CERTIFICA6TE OF RESOLUTION
Resolution No.2015-024
BUSINESS COMMI'T'TEE
OF THE
SAN MANUEL BAND OF MISSION INDIANS
Conditional Consent to the Inclusion of the San Manuel Indian Reservation in
n San Bernardino County Fire Protection District (SBCFPD) Service Zone FP-5 for
3 Purposes of Fire Protection.
3
WHEREAS, the San Manuel Band of Mission Indians (Tribe) is a federally
recognized Indian tribe exercising sovereign governmental authority over its
territory, members, and activities, including the San Manuel Indian
0 Reservation; and
CD
WHEREAS, the Tribe provides fire services to the Reservation through
the San Manuel Fire Department (SMFD); and
w WHEREAS, the, San Bernardino County Consolidated Fire District
includes San Bernardino Community Service Area 38 (CSA 38), which was
created in 1959 and purportedly included the San Manuel Indian Reservation;
;0 and
WHEREAS, San Bernardino Local ,Agency Formation Commission
Cn (LAFCO) is currently considering a proposal to include the entirety of the City
of San Bernardino ("City") within SBCFPD Service Zone FP-5, including as part
of such an overlay tribal lands comprising the San Manuel Indian Reservation
v within the exclusive jurisdiction of the Tribe and the federal government;
3 WHEREAS, LAFCO has requested the Tribe's consent to be included in
the overlay of the reorganized fire district and for the City's assignment to
SBCFPD of City's existing Emergency Services Agreement with Tribe which
runs through June 30, 2017; and
WHEREAS, the San Manuel Fire Department consulted with members of
the San Bernardino County Fire Department and LAFCO regarding the
operative impact of inclusion in the overlay; and
WHEREAS, as part of the reorganized fire district, SMFD shall have
continued access to additional equipment, personnel, and resources in the
event of an emergency; and
26569 Conintunity Ce yMr D;rive • Y-Cighfand, CA 92346 - Office: (909) S,64-0132 - TAX. (X99)864--3370
pvc
65 '6d IOA3 d
Resolution No. 2015-024
Page 2 of 3
WHEREAS, both SMFD and the County remain committed to
maintaining the current cooperative relationship between each respective
government agency; and
WHEREAS, the County and LAFCO understand and agree that the
Tribe's inclusion does not subject it to County, or any other non-Tribal
government's ordinances, regulations, taxes, or jurisdiction; and
y WHEREAS, the County and LAFCO further understand that the
inclusion does not subject the Tribe or its lands to the authorities granted to
CSA 38 or the reorganized fire protection district under California Health. and
Safety Code § 13800 et seq., or to any other authority exercised under state or
local law unless expressly agreed to by the Tribe in writing and by a separately-
approved Tribal resolution designated for that purpose; and
° NOW THEREFORE BE IT RESOLVED, the San Manuel Band of Mission
Cn
(D Indians consents to the inclusion of the San Manuel Indian Reservation into
0 the County Fire overlay, subject to the understandings, limitations and
° conditions provided herein, including without limitation the following:
w
I. This approval shall not be construed as the Tribe's consent to
State or County jurisdiction over any matters, including, without
n limitation, fire prevention, fire inspection, fire code enforcement,
permitting, administrative, or any other authority.
2. This approval shall not be construed as the Tribe's consent to any
ordinance, code, law, or regulation enacted by the State, County or
any of their affiliates, agencies, or related entities, or any other
non-Tribal governmental entity.
D
3. The Tribe's consent shall not be construed as explicit or implied
3 consent to any authority exercised by any fire protection district
pursuant to California Health and Safety Code § 13800 et seq, or
any other related state or County law or regulation.
BE IT FURTHER RESOLVED, the powers exercised by the governing
bodies of San Bernardino County and SBCFPD are strictly limited to its
respective officers, employees, agents, personnel, assets and resources used to
respond to emergencies. Under no circumstances shall such powers apply to
the San Manuel Band of Mission Indians, the SMFD, its agents, officers,
employees, personnel, assets or resources.
BE IT FURTHER RESOLVED, when operating on the Tribe's lands, the
management of emergency incidents involving SBCFPD resources shall be
conducted using the Incident Command System with a SMFD officer as the
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FK�i 10MOed I
Resolution No. 2015-024
Page 3 of 3
Incident Commander in single jurisdictional incidents on the Tribe's lands. For
those incidents occurring on or impacting both jurisdictions, such
management shall be conducted with the Tribe and the local fire protection
district participating in a unified command structure.
BE IT FURTHER RESOLVED, Tribe consents to the assignment of the
Emergency Services Agreement by City to SBCFPD for the duration of its term;
BE IT FURTHER RESOLVED, this consent shall be incorporated into
and made a part of the LAFCO 3198 Reorganization Service Zone FP-5.
0
3 BE IT FURTHER RESOLVED, nothing contained in this consent shall be
deemed to constitute a waiver or diminution of the Tribe's sovereign immunity
from unconsented suit.
°, BE IT FURTHER RESOLVED, in the event any non-Tribal governmental
CA
entity (including without, limitation, any State or federal court) shall
undermine, ignore or act contrary to any,of the understandings, limitations or
conditions of this Resolution, as determined in the Tribe's sole discretion., the
w Tribe reserves the right to withdraw its consent provided herein retroactively to
the date of this Resolution or any such non-Tribal act..
T BE IT FINALLY RESOLVED, both the Tribe and San Bernardino County
X will continue consultations in a government-to-government setting for the
purposes of ensuring the continued safety of the San Manuel tribal community
and the citizens who visit Tribal lands.
9
CERTIFICATION
By a vote of the Business Committee of the San Manuel Band of Mission
Indians at a duly noticed meeting at which a quorum was present, held at
3 approximately 10 a.m. on December 2, 2015 at the Tribal Community Center
M on the San Manuel Indian Reservation, the above=recited Resolution was
passed by the Business Committee following a vote of 5 in favor, 0 against
and 0 abstentions.
Dated: December 2 2015 •
LYNN R. VALBUENA
Tribal Chairwoman
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LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
215 North "D" Street, Suite 204, San Bernardino, CA 92415-0490
(909) 388-0480 • Fax (909) 885-8170
E-mail: lafco @lafco.sbcounty.gov
www.sbclafco.org
DATE: JANUARY 20, 2016
FROM: KATHLEEN ROLLINGS-McDON LD, Executive Officer
SAMUEL MARTINEZ, Assistant xecutive Officer
ROBERT ALDRICH, Consultant
MICHAEL TUERPE, Project Manager
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TO: LOCAL AGENCY FORMATION COMMISSION E
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SUBJECT: AGENDA ITEM #7 - LAFCO 3198 — Reorganization to include
Annexation of the City of San Bernardino to the San Bernardino Cn
County Fire Protection District, its Valley Service Zone and Service
Zone FP-5
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INITIATED BY:
City Council of the City of San Bernardino and the Board of Directors for the San a
Bernardino County Fire Protection District
RECOMMENDATION:
0
Staff recommends that the Commission take the following actions: a
J
1 . Certify that LAFCO 3198 is statutorily exempt from environmental review, and d
direct the Executive Officer to file a Notice of Exemption within five (5) days; E
t
2. Approve LAFCO 3198 with the following conditions: a
• Standard conditions for a change of organization.
• The effective date of this reorganization shall be no earlier than July 1 ,
2016, subject to completion of the terms and conditions outlined in this
resolution for approval as authorized by Government Code Sections
56886(p) and 57202.
• Upon the effective date of the reorganization, the San Bernardino
County Fire Protection District (SBCFPD) Valley Service Zone, as the
Successor District to the fire and emergency medical response
Packet Pg. 61
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
obligations of the City of San Bernardino, shall succeed and/or be
assigned all rights, duties, responsibilities, properties (both real and
personal), contracts, equipment, assets, liabilities, obligations,
functions, executory provisions, entitlements, permit and approvals of
the City of San Bernardino Fire Department (City Fire). All property tax
revenues attributable to the City of San Bernardino not designated in
Condition No. 13 below, prior to calculations required 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 be subject to the terms and
conditions contained herein.
E
a�
• Upon the effective date of the reorganization including annexation,
pursuant to the terms specified in the Plan for Service, attached as a
Exhibit "B" and the updated Transition Action Plan, attached as Exhibit
L
"C", all current City Fire Department employees, suppression,
prevention, and administrative, shall transfer to the San Bernardino
County Fire Protection District Valley Service Zone with comparable
position classifications, rates of pay, accrued vacation and sick leave, d
vacation and sick leave accrual rates, seniority rights, and shall become W
U.
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 M
of Understanding in place as of the effective date of the reorganization
including annexation for their successor classification. c
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Upon the effective date of the reorganization including annexation,
• pursuant to the terms specified in the Plan for Service and updated
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Transition Action Plan, all current City Fire Dispatch employees shall o
transfer to the joint powers authority known as Consolidated Fire U.
Agencies (hereafter shown as "CONFIRE") with comparable 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 a
Memorandum of Understanding in place as of the effective date of the
reorganization including annexation for their successor classification.
• 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.
2
Packet Pg. 62
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
• Upon the effective date of the reorganization including annexation, the
City of San Bernardino shall retain the obligations for unfunded
retirement obligations, any contractual benefit following retirement such
as health insurance maintenance or payment, or other contractual
obligation approved by the City for all suppression, prevention, dispatch,
and other City employees transitioning to County Fire and/or CONFIRE.
• Upon the effective date of the reorganization including 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 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
providing fire protection and emergency medical response shall be
transferred to the Successor District, the Valley Service Zone of
•L
SBCFPD. All quitclaim deeds to effectuate the transfer of land and/or
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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 date of the change with a copy provided to LAFCO.
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• All equipment and fixtures, office furniture, real and personal property
held by the City of San Bernardino for the purpose of providing fire and
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emergency medical response dispatching shall be transferred to
CONFIRE, a joint powers authority providing for a centralized public
safety communications system and a cooperative program of fire-related o
CL
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"
co
condition (pursuant to Government Code Section 56886(h)). o
U
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• 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 Q
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 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.
3
Packet Pg. 63
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
• 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 hand or fund balance in the
accounts of CFD 1033 within the City of San Bernardino upon the
r
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 Government Code a
Section 56886(1). The revenues to be received by the Successor District =
•L
administering CFD 1033 are impressed with the public trust, use or s
purpose as defined by City of San Bernardino Resolution No. 2004-210 a
and all transactions utilizing these funds shall be accounted for and
described in the annual audit and/or comprehensive financial reports d
recognizing CFD 1033 by the Successor District.
U.
The future administration of CFD 1033 under the Successor
District shall require that the Valley Service Zone, Successor District,
participate in the development review process of the City of San M
Bernardino for any properties within the defined Verdemont Service
Area, shown on Exhibit "D", for commercial, industrial retail or office t
0
uses. The City of San Bernardino shall be required to annex any
commercial, industrial, retail or office parcels into CFD 1033 as a
condition of development approval to be completed prior to the issuance n
of the certificate of occupancy for said projects. O
U
W
• Prior to the issuance of the Certificate of Completion for the
reorganization to include annexation, pursuant to the provisions outlined
in Government Code Section 56886 (1), (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 Q
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 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. This term and condition shall assure that there is no
impairment of the Inland Valley Development Agency Tax Allocation
Refunding Bonds Service 2014A and successor Agency to the Inland
4
Packet Pg. 64
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
Valley Development Agency Tax Allocation Refunding Bonds Service
2014B bond obligations:
• 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 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, E
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• The methodology outlined above shall be permanent and may only a
be amended after the conclusion of the revenue bond pledge on or =
•L
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. d
o:
• Prior to the issuance of the Certificate of Completion for the
reorganization to include annexation, pursuant to the provisions outlined
in Government Code Section 56886 (1), the Commission requires that the M
City of San Bernardino, County of San Bernardino, and San Bernardino
County Fire Protection District enter into a contract which directs the c
Auditor/Controller/Treasurer/Tax Collector for San Bernardino County to 4)
direct that 35% of the City's total property taxes in lieu of Vehicle License W
Fees be transferred to the Valley Service Zone of SBCFPD, Successor
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District, to fund the provision of fire protection and emergency medical o
response services. This contract shall be perpetual and address the U
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
revenue stream legislatively. This amount is in addition to the amounts
determined pursuant to the provisions of Revenue and Taxation Code
Section 99 for LAFCO 3198.
Q
• The remaining payments, all rights and interests held or 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 Successor District, Valley Service Zone of the
SBCFPD, excluding those contracts shown on Exhibit "E" for
termination. The Successor District, Valley Service Zone, shall also
assume all joint use, maintenance, automatic aid or mutual aid
agreements held by the City of San Bernardino Fire Department
[(Government Code Section 56886(r)]. Amendments of existing
agreements required for successful transfer shall be completed and
5
Packet Pg. 65
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
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)].
• The debt obligations of the transferring City of San Bernardino Fire
Department shall 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.
• 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 recognize the anticipated first year proceeds of taxes for
the provision of fire protection and emergency medical response.
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Upon the effective date of this reorganization, any funds currently Cn
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 d
transferred to the Successor District, and said District shall separately
U-
maintain such funds in accordance with the provisions of Government
Code Section 57462.
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• Upon the effective date of this reorganization, any funds currently
deposited for the benefit of the City of San Bernardino Fire Department o
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 Community Facilities District 1033, and
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said Successor District shall separately maintain such funds in o
accordance with the provisions of Government Code Section 57462. a
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• As of the date of approval of the reorganization by LAFCO through the
effective date pursuant to the provisions of Government Code E
56885.5(a)(4), the City Council of the City of San Bernardino shall be
prohibited from taking the following actions unless it first finds an Q
emergency situation exists as defined in Government Code Section
54956.5, and it is supported by the San Bernardino County Fire
Protection District:
a. No Increase in Compensation or Benefits: No increase in
calculation for payment of benefits or compensation for employees
of the City Fire Department shall be allowed. Exceptions to this
prohibition include planned and budgeted increases identified in the
adopted budget for Fiscal Year 2015-16.
6
Packet Pg. 66
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
b. Bound by Current Budget: Appropriating, encumbering,
expending, or otherwise obligating any revenue of the City Fire
Department beyond that provided in the current budget at the time
of Commission approval, except to include any budgetary
adjustment due to the circumstances surrounding the December
2, 2015 terrorist attack, unless agreed to by the Successor
District.
3. Adopt LAFCO Resolution No. 3211 setting forth the Commission's
determinations and conditions of approval concerning this proposal and
specifying that the protest period for this change of organization shall be 30
days.
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BACKGROUND: a
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In June 2014, Citygate Associates, a fire services consultant, completed a study ("2014
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Fire Services Deployment Study') evaluating the City of San Bernardino Fire (City Fire)
Department. The Study described the City's fire department and community as under
"severe stress" from a combination of factors including: (1) a lack of economic d
investment, (2) the City's bankruptcy, and (3) a population experiencing high
unemployment (and a low median income) placing additional strain on City social,
recreation and community services. Staff reductions in the City Fire Department,
combined with an exceptionally high volume of emergency medical calls and structure M
fires, have resulted in longer response times which threaten the health, safety and
welfare of the City of San Bernardino residents. o
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On May 18, 2015, the City Council of the City of San Bernardino adopted a Plan of
Recovery and a Plan of Adjustment in support of the City's efforts to emerge from n
bankruptcy. The City is both "service insolvent" (unable to pay for all of the costs of O
providing services at the level and quality that are required for the health, safety and a
welfare of the community) and "budget insolvent" (unable to create a balanced budget
that provides sufficient revenues to pay for its expenses that occur within the budgeted
period). The Plan describes in detail the City's inability to pay for adequate levels of E
municipal services, including fire protection and emergency medical services. Fiscal U
projections within the Plan indicate that without fundamental and substantive changes in Q
its service delivery system, the City will be unable to move to a service and budget
solvent municipality.
Thereafter, the City conducted a Request for Proposal (RFP) process to outsource its
fire protection and emergency medical response service. As many are aware, this
process was fraught with legal questions for the Superior and Bankruptcy courts
submitted by the Fire Union representatives and others. City staff has reviewed several
issues with LAFCO staff related to the outsourcing of its fire services, including:
• What type of LAFCO review is required for contracting out City Fire operations?
• Would transfer to a private fire service provider require review by LAFCO?
7
Packet Pg. 67
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
• What would be the timeline and review required by LAFCO for annexation of City
Fire operations to the San Bernardino County Fire Protection District?
Ultimately, it was identified that annexation was the best option for the City and the San
Bernardino County Fire Protection District (hereafter referred to as "County Fire" or
"SBCFPD") to pursue. On August 24, 2015, the City Council of the City of San
Bernardino initiated the annexation of its corporate territory to County Fire. This action
was directly related to the City's Plan of Adjustment which identified the need to
outsource some of the City's services in order to redirect revenues to other core
operations to address its service insolvency issue.
Annexation of the City to County Fire will allow the City to take advantage of substantial
economies of scale available from the District as well as existing fire stations and
personnel located close to the City. Annexation also includes the inclusion of the City
territory into one of County Fire's service zones ("Service Zone FP-5") with a pre- a
as
existing special tax that will be spread to City property owners to address service =
delivery costs. This strategy will allow the City to reduce the level of revenue currently
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allocated to fire service delivery and enable scarce revenue to be redirected to address
other critical service needs in the community.
d
At the heart of this discussion is the need to preserve the adequate delivery of fire
protection and emergency medical response to the citizens of the City of San
Bernardino, a health and safety issue whose need has been laid out for all the world to
see in the tragic events of December 2. It is a philosophically simple approach - provide M
the most efficient and effective means to continue the service through annexation to
County Fire. However, as staff has often outlined for the Commission, the "devil is in c
the details," and this proposal has some of the most unique details yet to be
encountered by LAFCO.
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The narrative which follows provides a discussion of the mandatory factors of o
consideration as required by Government Code Section 56000 et al. The narrative LL
provides for a detailed analysis and discussion of the various aspects of the
reorganization and its transition of City fire service to County fire service as a snapshot
in time. This snapshot is represented by the revised Plan for Service submitted d)
December 16, 2015. As with all applications for change of organization, the
Commission's review will center on making the required determinations in four areas: w
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1. BOUNDARIES: Do the boundaries presented for the reorganization represent a division
which makes sense from a service delivery perspective for current and future growth? Are
the boundaries definite, certain and easily recognizable? Do the boundaries promote
efficient and effective service delivery?
2. LAND USE: Will approval of the proposal affect the land use authority or the decisions upon
land use options?
3. FINANCIAL AND SERVICE CONSIDERATIONS: Does the reorganization represent the
best available service option for the affected community? Does it provide for a more
efficient and effective form of government? Can the annexing or successor district continue
8
Packet Pg. 68
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
to provide the level of services which existed prior to the change? Would the approval of the
reorganization impair the ability of any other agency to continue providing its range and level
of services?
4. ENVIRONMENTAL: Will the proposed reorganization have an adverse environmental effect
that cannot be mitigated to a level of non-significance? If it does, can those adverse effects
be overridden by other benefits?
BOUNDARY DISCUSSION:
BOUNDARIES: Do the boundaries presented for the reorganization represent a
division which makes sense from a service delivery perspective for current and
future growth?Are the boundaries definite, certain and easily recognizable? Do
the boundaries promote efficient and effective service delivery? a,
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The proposal, as submitted by the City and County Fire, anticipates the annexation of
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the entirety of the City of San Bernardino to the San Bernardino County Fire District
Protection District and its Valley Service Zone (see Exhibit below) for the direct
provision of fire protection and emergency medical response. The County Fire Valley
Service Zone is the defined successor agency to receive the assets and liabilities,
responsibilities and obligations of the City Fire Department, while administrative
functions will be provided by the parent district, SBCFPD.
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
SBC SBCFPD
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N LAFCO 3198—Reorganization to include Annexations to 0
the San Bernardino County Fire Protection District, its J
A Valley Service Zone and Service Zone FP-5
_ City of San Bernardino a=i
(Proposed Annexation to SBCFPD. its Valley Service Zone and Service Zone FP-
0 San Bernardino County Fire Protection District (SBCFPD) f°
® SBCFPD -Valley Service Zone Q
LAFCO D City of Highland D City of Colton
City of Redlands D City of Rialto
D City of Loma Linda 0 Fontana FPD
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
The proposal also provides for annexation of the study area (i.e., the City of San
Bernardino corporate boundaries) into County Fire's Service Zone FP-5, which collects
a special tax from property owners to fund ongoing fire protection and fire paramedic
services. The current rate for Service Zone FP-5 is $143.92 per parcel for Fiscal Year
2015-16. Annual increases cannot be increased more than 3% per year. If the
maximum increase is approved for Fiscal Year 2016-2017, the first year of County
operations, the per parcel fee would be $148.23.
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During the staff review process, one of the concerns identified was the need for
transparency in the collection and use of the Service Zone FP-5 special tax applied to
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
individual parcels within the City. In order to identify a means to isolate the revenues
received within the City of San Bernardino territory, staff is proposing the inclusion of a
condition of approval that will require the SBCFPD to create a subzone of FP-5 to address
the area of the City of San Bernardino, LAFCO 3198 prior to placement of the special tax
on the tax rolls. Staff is recommending that the Commission include a condition of
approval outlining the process and requiring signed statements from SBCFPD (including
the designation and map and legal of the subzone) be provided prior to the issuance of
the Certificate of Completion for the reorganization. The language is:
• Pursuant to the provisions of Government Code Section 56886(e), the
SBCFPD Board of Directors shall be required to create a new sub-service
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zone under FP-5 to reflect the City of San Bernardino territory. After a
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 SBCFPD Board of a
Directors shall provide the LAFCO Executive Officer with documentation
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identifying how the provisions contained in Health and Safety Code Section
13950 to form a new Service Zone of FP-5 to isolate the special tax revenue n
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 0�
due date for placement of the special tax on the tax rolls by the San
Bernardino County Treasurer/Tax Collector.
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Tribal Lands:
The San Manuel Band of Mission Indians has its tribal lands located in the foothills of a
the San Bernardino Mountains. The majority of these lands is unincorporated and were W
included in the San Bernardino County Fire Protection District during its reorganization M
in 2008. However, there are portions of the tribal lands currently within the boundaries N
of the City of San Bernardino which are shown on the map below: o
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
SBCFPD TRIBAL LANDS MAP
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N LAFCO 3198 — Reorganization to include cc
A Annexations to the San Bernardino County Fire
Protection District, its Valley Service Zone and 0
Service Zone FP-5 Q
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Tribal Boundary-San Manuel Band of Mission Indians
Original Tribal Boundary with Consent to County Fire Overlay m
41141111
City of San Bernardino Fire(Sphere Amendment/Reorganization Area) R
LAFCO SBCFPD(County Fire) Q
F—"/'� SBCFPD Valley Service Zone
LAFCO staff has contacted the Tribal Council to request that it review the proposed
annexation and, if it does not object, provide a resolution to allow for the overlay of the
San Bernardino County Fire Protection District within its tribal lands. On December 2,
2015, by Resolution No. 2015-024, the Tribal Council consented to the inclusion of its
tribal area within County Fire. A copy of this resolution is included as a part of
Attachment #2 to this report.
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
Based upon the review of the proposal, it is staff's position that LAFCO 3198 provides
for a definite and certain boundary as required by LAFCO law for all the affected
agencies, both Successor and continuing service providers.
LAND USE:
LAND USE: Will approval of the proposal affect the land use authority or the
decisions upon land use options?
The review and approval of LAFCO 3198 will have no direct effect on the land use
designations assigned by the City of San Bernardino through its General Plan. The City Q
of San Bernardino is an entirely urbanized City that has a diverse mix of land uses, and
the need for the continuation of fire protection and emergency medical response are a a
health and safety issue of great importance to the City, the community and its
surrounding service providers. The acreage and percentage of land uses within the City L
are listed in the table below:
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City of San Bernardino - Land Use Acres Percent of Total
Residential 15,107 39.1%
Business Related Uses commercial, industrial 9,198 23.8% LL
Public/Quasi-Public Related Uses 12,542 32.5% >
Open Space 1,733 4.5%
TOTAL 38,580 100.0%
Source: City of San Bernardino Final EIR, Redevelopment Mergers and Amendments(2010) C
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According to the State Department of Finance/Demographic Research Unit, the current
population for the City of San Bernardino is 213,933 (1/1/2015). The Southern M
California Association of Governments (SCAG), in its most recently adopted regional
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growth forecast, projects the City's population will increase to 261,400 (a 18 percent U
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increase) by year 2035. At build-out, the City projects a total population of 276,264
residents.
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The Southern California Association of Governments (SCAG) has adopted a Regional
Transportation Plan and Sustainable Community Strategy pursuant to the provisions of
Government Code Section 65352.5 and approval of LAFCO 3198 will have no direct a
impact on those determinations. However, the Sustainable Community Strategy is
required to assess the ability of an area to receive its required services in order to
maintain its viability and a mitigation measure is anticipated in the 2016 RTP/SCS
document to attempt to achieve appropriate funding for this service. Therefore,
approval of LAFCO 3198 will assist in the implementation of the 2016 RTP/SCS.
The consideration and approval of LAFCO 3198 will have no direct impact upon land
use decisions within the City of San Bernardino.
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
SERVICE CONSIDERATIONS AND FINANCIAL EFFECTS:
SERVICE AND FINANCIAL CONSIDERATIONS: Does the reorganization
represent the best available service option for the affected community? Does it
provide for a more efficient and effective form of government? Can the annexing
or successor district continue to provide the level of services which existed prior to
the change? Would the approval of the reorganization impair the ability of any
other agency to continue providing its range and level of services?
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SERVICE CONSIDERATIONS:
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Since the filing of the request for bankruptcy protection by the City of San Bernardino in
2012, discussions regarding the continuation of fire protection and emergency response s
services have remained at the forefront. The filing of the mandatory Plan of Adjustment
by the City detailed the need to restructure through outsourcing the City's fire operations.
This was met with much concern from the Firefighters Union and the Department itself.
The City's initial effort was to issue a Request for Proposal (RFP) to outsource the service
to a contract provider. Two responses were received - Gateway and County Fire, along
with a plan submitted by City Fire itself. Through ensuing negotiations, County Fire
indicated that it would not be interested in a contractual service arrangement due to M
concerns regarding long-term funding and the potential for future actions which could
change the contractual relationship to the detriment of County Fire, a board-governed c
special district.
On August 24, 2015, the City Council adopted a resolution initiating the annexation
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process for the City's territory along with the pursuit of an interim contract for transitioning o
the service to County Fire immediately. On September 15, 2015, the County Board of
Supervisors adopted a resolution initiating the annexation process, but made no direct J
reference to the contracting process. On September 21, 2015, LAFCO circulated its
Notice of Filing commencing the review process.
The proposal is to annex the corporate area of the City to SBCFPD, its Valley Service r
Zone, and its Service Zone FP-5. The SBCFPD is the parent district and the Q
administrative arm of the Board-governed fire protection district. The regional structure
underlying SBCFPD provides for the tailoring of service delivery needs to the unique
population, land use and geographic composition of each region:
• The Valley Region includes the County's more densely developed areas;
• The Mountain Region includes urban forested areas with year-round populations;
and,
• The two Desert Regions within SBCFPD serve two vastly different population
needs: The North Desert region with the 1-15/1-40 transportation corridors
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AGENDA ITEM#7- LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
composed of largely of truck and rail traffic, and the South Desert region comprised
of Colorado River recreational activities and other isolated desert areas.
Transferring the responsibility of the City's territory to the Valley Service Zone will allow
for the allocation of resources within the Valley to accommodate service need rather than
by jurisdictional boundary. Conditions have been included in the staff recommendation to
designate the successor agency and to address the assignment of these responsibilities.
Key Commission Considerations
In evaluating the proposed reorganization, the most important considerations for the
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Commission are to ensure that: (1) the service levels will, at a minimum, be maintained;
(2) staffing from the City fire operations (including its dispatch operation) to County Fire d
and the Joint Powers Authority Consolidated Fire Agencies (known as CONFIRE) will
transition seamlessly; and, (3) all active station locations will be accurately identified. The Q
Plan for Service and the updated Transition "Action Plan" outline the process for this
transition and acknowledge that all active duty City Fire suppression personnel will
transfer (with rank not to exceed Captain) with comparable County base salary and step
except when the City salary exceeds the County Fire top step in a comparable position.
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All administrative office, training, fleet and prevention staff will transfer to County W
operations. Upon the effective date of the reorganization, the City will pay to County Fire
the cash value of up to 96 hours of vacation and sick leave per employee to the extent
owed each individual employee through the "post-petition" values, which will be M
transferred to County Fire with the fiduciary responsibility to hold for payment the
compensated absences. "Post-petition" are those hours accumulated after the filing of the _
bankruptcy petition, or August 2012. Dispatch personnel will be transferred to CONFIRE, C
the joint powers authority which provides for a regional dispatch response.
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Questions were reviewed by LAFCO, City and County staff related to retirement o
considerations, vacation balances and existing work compensation claims during the LL
transition process. Retirement obligations for unfunded liabilities will remain with the City
as its safety and/or general contracts with the California Public Employees Retirement
System (PERS) will continue, and the City will retain liability for any other pension benefit
liabilities (OPEBs) such as health insurance maintenance, or other payments currently
considered a contractual obligation. The information presented in the Plan for Service
and Fiscal Impact Analysis (FIA) outlines this ongoing obligation to be $2,367,442 per Q
year for the City. All employees will be transferred to the San Bernardino County
Employees Retirement System (SBCERA), a separate 1937 Act retirement system, with
reciprocity.
City and Fire Union Litigation
Throughout this review process for annexation, the bankruptcy proceedings, and the RFP
process, the Firefighters Union has been represented in discussions. The updated Action
Plan outlines the process by which the matters related to transfer will be reviewed with
employees, the obligations for transition, and the timeline for the matters to occur to
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
secure an estimated July 1, 2016 transition date. However, on January 4, 2016, staff
received a letter from the City Attorney outlining existing and continuing litigation between
the City and the Fire Union related to the "contracting" or outsourcing of fire
responsibilities.
The LAFCO proposal currently under consideration is not a contract but a jurisdictional
change transferring permanently, without contractual right of termination, the
responsibilities for fire protection and emergency medical response along with the
employees for suppression, prevention, administrative and dispatch. While the City has
undertaken and participated in a "meet and confer" process as directed by the Bankruptcy
Court related to its contracting process, LAFCO staff and Legal Counsel view the current
process as being outside that realm but offering direct input into the review process
including, but not limited to, the terms and conditions which can be addressed in the E
jurisdictional change process and which are agreed to by the Board of Directors of the
San Bernardino County Fire Protection District. Government Code Section 56886 (1) Q
provides the legal authority for the Commission to address the transfer of employees and =
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reads as follows:
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(1) The employment, transfer, or discharge of employees, the continuation,
modification, or termination of existing employment contracts, civil service rights, a
seniority rights, retirement rights, and other employee benefits and rights. W
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LAFCO staff along with representatives from the City, County, and County Fire have >
reviewed the transition plan to provide for the transfer of existing employees from the City M
Fire Department for both suppression and dispatch. The existing employment contracts 7!�
will end upon the effective date of the reorganization as the employees will become part of c
the San Bernardino County Fire Protection District with its current Memorandum of
Understanding, terms, and benefits.
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In order to memorialize those actions necessary to move forward with this process, staff is Cn
recommending that the Commission include the following conditions in its approval: o
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• 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
Department employees, suppression, prevention, and administrative, shall w
transfer to the San Bernardino County Fire Protection District Valley Service a
Zone with comparable 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.
• Upon the effective date of the reorganization including annexation, pursuant to
the terms specified in the Plan for Service and updated Transition Action Plan,
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AGENDA ITEM#7- LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
all current City Fire Dispatch employees shall transfer to the joint powers
authority known as CONFIRE with comparable 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.
• 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 E
worker compensation claims of all City fire suppression personnel and other
City employees transitioning to County Fire and/or CONFIRE.
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• Upon the effective date of the reorganization including annexation, the City of =
San Bernardino shall retain the obligations for unfunded retirement obligations,
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any contractual benefit following retirement such as health insurance
maintenance or payment, for all suppression and other City employees
transitioning to County Fire and/or CONFIRE. a
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Facilities Transfer
In addition to concerns related to service delivery through the successful transition of M
employees is the transfer of facilities to support the operations. The Plan for Service
identifies that the City will transfer ten fire stations, its fleet facility, its fire vehicles o
(excluding the 1948 Seagrave parade engine) and all appurtenant equipment to those W
facilities to County Fire Valley Service Zone. The City will not transfer Station 223 W
(located at 2121 Medical Center Drive) and Station 230 (502 South Arrowhead), both of in
which are currently shuttered and not operating as a fire station. The fire station facilities O
are shown on the map below and in Attachment #1 to the staff report: Q
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
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Fire Station Locations
Legend
City of S .Fire Stations S .County FPO(County Fire) N
City of S Fire Stations to t>e Closed ^=City of Highland ;,., LL
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S County FPO Stations(County Fire) City of Redlands LAFCO >
-Freeways -City of Loma Linda
Major Roads ®city of Colton 1:140,000 M
City of San Bernardino City of Rialto 0 1.25 25 5 v
S B County FPD:Valley Service Zone -Fontana FPD(County Fire Contract) ®KM
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In addition, the Verdemont Station is currently financed with leaseback financing through Q
the California Infrastructure and Economic Development Bank (1-bank). The terms of this -'
contract allow for transfer of the obligation for its term (five more years), but the
discussions with City administrative and fire personnel have identified that their E
preference is to pay off the obligation prior to the effective date of the reorganization so
that the required funding for this obligation is not an amount transferred to County Fire. a
The ten stations are proposed to be manned daily with 38 full time employees as outlined
in the Plan for Service and shown below:
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
Service and Staffing Plan
Daily Staff configuration:
Station 221 - 200 E. 3rd Street (APN 0135-181-63)
Engine, Truck (CAP, ENG, FF/PM + CAP, ENG, FF/PM)
Station 222 - 1201 W. 9th Street (APN 0139-241-07)
Engine (CAP, ENG, FF/PM)
Station 224 - 2641 N. E Street (APN 0149-161-17)
Engine, Truck (CAP, ENG, FF/PM + CAP, ENG, FF/PM)
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Station 225 - 1640 W. Kendall Drive (APN 0266-601-03) E
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Engine (CAP, ENG, FF/PM) ;v
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Station 226 - 1920 N. Del Rosa Avenue (APN 0273-011-22)
Engine, Squad (CAP, ENG, FF/PM + FF/PM, FF)
Station 227 - 282 W 40th Street (APN 0154-211-17)
Engine (CAP, ENG, and FF/PM) _
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Station 228 - 3398 E. Highland Avenue (APN 0285-191-05)
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Engine (CAP, ENG, and FF/PM)
Station 229 - 202 N. Meridian Avenue APN 0142-051-13) M
Engine (CAP, RNG, and FF/PM) v
Station 231 - 450 E. Vanderbilt Drive (APN 0281-341-09) °
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Engine (CAP, ENG, FF/PM)
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Station 232 - 6065 Palm Avenue (APN 0261-191-06) Cn
Engine (CAP, ENG, FF/PM) o
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All dispatch equipment and all appurtenant equipment used by City Fire dispatch
personnel are proposed to be transferred to CONFIRE to continue the provision of U
service. LAFCO staff and representatives from County Fire and CONFIRE are Q
addressing questions related to the necessary actions of the CONFIRE Board of Directors
agreeing to the transfer, the definition of costs for the continuation of the services, and the
acceptance of all equipment from the City Fire Department in "as is" condition. The Plan
for Service outlines the transfer of personnel but shows the costs as an expense item.
CONFIRE is proposed to take the necessary actions to address the transfer, costs, and
equipment at its Administrative Committee meeting scheduled for January 26, 2016. An
update will be provided at the hearing. Regardless of the need for a supplemental action
from CONFIRE, a condition of approval is proposed which addresses this transfer of
responsibility.
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
To effect these changes, staff proposes the following conditions of approval:
• Upon the effective date of the reorganization including 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
stock, tools, office furniture, fixtures and equipment, all lands, buildings, real and
personal property and appurtenances held by the City of San Bernardino as
outlined in the Plan for Service for the purpose of providing fire protection and
emergency medical response shall be transferred to the Successor District, the
Valley Service Zone of SBCFPD. All quitclaim deeds to effectuate 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
date of the change with a copy provided to LAFCO.
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• All equipment and fixtures, office furniture, real and personal property held by the =
City of San Bernardino as outlined in the Plan for Service for the purpose of
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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 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 Government Code Section 56886(h).
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FINANCIAL EFFECTS: o
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SBCFPD, working in conjunction with the City of San Bernardino, has submitted a Plan for W
Service, a Fiscal Impact Analysis (FIA) and updates to the Plan and FIA identifying the
expenditures and revenues for transferring its service responsibility to the Valley Service o
Zone of SBCFPD. The original Plan for Service has been revised to address issues
arising from the LAFCO review of this application. The following narrative will address the
revised Plan for Service.
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As a starting point, it is important to understand the financial position of the City's fire
operation which resulted in the Plan of Adjustment's determination to outsource this w
function. Staff requested that the City provide this information in an unaudited format as a
its last two audits have not yet been accepted by the City. This information was received
from the City as unaudited year-end totals from Urban Futures, the City's financial
consultant for the past several years. The City Fire's historical expenditure data for 2011
through 2015 are shown below:
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
City of San Bernardino Fire Dept Historical Data - 2011 - 2015
2011 2012 2013 2014 2015
GENERAL FUND '
REVENUES
Property Taxes and Assessments - - _-
Charges for Services 1,985,659 1,830,679 1,582,978 1,559,461 !~ 1,537,035
Intergovernmental 1,315,155 830,580 910,108 1,175,408 " 1,231,563
Contributions - - - 832 ! -
Other 97,852 154,258 53,602 62,513 62,956
Total Revenue 3,398,666 2,815,517 2,546,688 2,798,214 2,831,553 E
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EXPENSES
Salaries and Benefits 30,850,786 31,583,593 28,112,048 22,735,612 24,882,806 Q
0)
Services and Supplies 1,130,737 1,403,838 632,519 3,497,919 2,895,837 =
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Debt Service 2,016,437 1,305,996 88,521 88,521 88,521 M
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Capital Outlay - - - - U)
Total Expenses 33,997,960 34,293,427 28,833,088 26,322,053 27,867,164
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Revenues over(under) Expenses (30,599,294) (31,477,910) (26,286,400) (23,523,838) (25,035,611)
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OTHERFUNDS J
REVENUES
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Property Taxes and Assessments
Charges for Services �^ -__
_ ---
Intergovernmental - - ' - C.
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Contributions
Federal Grants(recoverable) 1,202,532 2,201,492 2,083,348 2,771,823 913,067
Other 42,473 (456) 2,947 397 (64)
Total Revenue 1,245,005 2,201,036 2,086,296 2,772,220 913,003 0
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EXPENSES Q
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Salaries and Benefits 1,323,036 1,539,483 2,627,163 3,373,558 884,907 4,;
Services and Supplies 432,666 503,796 16,691 22,463 9,923 =
m
Debt Service 154,763 696,791 696,495 669,482 642,461 C
Capital Outlay - - - -
Total Expenses 1,910,465 2,740,070 3,340,349 4,065,504 1,537,291 Q
Revenues over(under) Expenses (665,460) (539,034) (1,254,054) (1,293,283) (624,288)
Grand Totals
EXPENSE TOTALS 35,908,425 37,033,497 32,173,438 30,387,556 29,404,456
REVENUE TOTALS 4,643,670 5,016,553 4,632,984 5,570,435 3,744,557
CITY OBLIGATION TO 31,264,754 32,016,944 27,540,454 24,817,121 25,659,899
FIRE FUNDS
source:City of San Bernardino
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
The historic finance materials received on December 15, 2015 from the City present a
picture of continuing cuts to City Fire Department operations and the need for use of the
entire proceeds of general ad valorem property tax (the general levy on the tax bill) and all
of the proceeds of the Motor Vehicle License Fee swap for property tax revenues (these
are described in more detail below).
The City Historic Fire Financial data outlined in the chart under "Other Funds" shows a
significant debt obligation for the City's fire operations. It is related to the Verdemont
leaseback financing through the California Infrastructure and Economic Development
Bank. Through negotiations with City and County Fire personnel and administration, this
debt obligation will be paid prior to the issuance of the Certificate of Completion. In
r
addition, the City shall be responsible for payment of the amount owed to WESTNET for
the Station Alert system through the expiration of the lease contract in July 2017. This E
too, will be required to be completed prior to the issuance of the Certificate of Completion.
a
• The debt obligations of the transferring City of San Bernardino Fire =
L
Department shall be either be paid in full prior to the issuance of the s
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 d
Development Bank and the lease through WESTNET.
LL
The materials submitted by County Fire, as the amended Plan for Service and Fiscal M
Impact Analysis, identify that the annexation will provide for the continuation of service at
current levels. It is also estimated that the transition to County Fire will result in a o
reduction in response times through a consolidation of dispatch operations with
CONFIRE, a Joint Powers Authority which currently provides multi-agency fire, rescue
and emergency medical services dispatch services for the SBCFPD and the cities of
Colton, Loma Linda, Redlands and Rialto, which is an increase in service provided to the o
residents of the City. U.
a
J
Based upon the determination that the transition of service from City Fire to County Fire
provides for an efficient and effective form of government to continue the range and level
of service currently provided and that it will not impair the ability of any other agency to be
provide its range and level of service, the Commission must now turn its attention to the r
financial consideration of the proposal. a
LAFCO staff has reviewed the financial materials submitted by representatives from the
City and those submitted and signed by the Fire Chief for the San Bernardino County Fire
Protection District, the County Administrative Office, CONFIRE, along with the several
revisions processed for the FIA. The spreadsheet which follows outlines the Commission
required five-year financial projection as presented on January 19, 2016:
23
Packet Pg. 83
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
Number FY 2015/16 2016/17 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
of Forecast Per
City Budget Forecast Forecast Forecast Forecast Forecast
Expenditures: Positions Position
Inflation Rate 5.0% 2.0% 2.0% 3.0% 3.0%
Staffing:
Suppression
Division Chief 0.93 298,880 277,958 283,517 289,187 297,863 306,799
Battalion Chief 2.79 269,726 752,536 767,587 782,939 806,427 830,620
Captain 36 214,386 7,717,896 7,872,254 8,029,699 8,270,590 8,518,708
Engineer 36 186,495 6,713,820 6,848,096 6,985,058 7,194,610 7,410,448
Firefighter/Paramedic 39 164,714 6,423,846 6,552,323 6,683,369 6,883,870 7,090,386
Firefighter 3 151,007 453,021 462,081 471,323 485,463 500,027
Fire Prevention
Deputy Fire Marshal 1 231,659 231,659 236,292 241,018 248,249 255,696
Fire Prevention Supervisor 1 144,546 144,546 147,437 150,386 154,898 159,545
Fire Prevention Specialist 2 122,549 245,098 250,000 255,000 262,650 270,530
Fire Prevention Officer/Arson 1 191,805 191,805 195,641 199,554 205,541 211,707 f.
Fire Prevention Officer 3 105,608 316,824 323,160 329,623 339,512 349,697
0)
Fire Prevention Office Assistant II 1 60,440 60,440 61,649 62,882 64,768 66,711 E
Non-Suppression 4)
Staff Analyst 1 0.93 93,329 86,796 88,532 90,303 93,012 95,802 W
Office Assistant 111 0.93 60,645 56,400 57,528 58,679 60,439 62,252
TOTAL SALARIES AND BENEFI- 128.58 26,319,709 23,672,645 24,146,097 24,629,020 25,367,892 26,128,928 0)
C
•L
Inflation Rate 2.0% 2.0% 2.0% 2.0% 2.0% tC
Operating Expenses L
Services and Supplies/Dispatch/MIS 3,058,063 2,534,749 2,585,444 2,637,153 2,689,896 2,743,694
0)
Station Expenses 825,752 2,143,275 2,186,141 2,229,863 2,274,461 2,319,950
7
Overhead and Support(1) 1,108,018 1,221,667 1,246,100 1,271,022 1,296,443 1,322,372
TOTAL OPERATING EXPENSES 4,991,833 5,899,691 6,017,685 6,138,039 6,260,799 6,386,015 >
0)
CAPITAL IMPROVEMENT FUND(2) 18,221 1,839,330 1,876,117 1,913,639 1,951,912 1,990,950
LL
City Debt Services 527,364 >
TOTAL EXPENDITURES 31,857,127 31,411,666 32,039,898 32,680,697 33,580,603 34,505,893
Iq
Revenues: M
Grants 0 0 0 0 0
Ambulance Fees(3) 429,310 349,854 356,851 363,988 371,268 378,693
Charges for Service-General(4) 1,169,495 23,737 24,212 24,696 25,190 25,694 0
Charges for Service-Govt.(5) 1,089,624 642,867 655,724 668,839 682,216 695,860 CL
CFD(6) 720,625 835,323 852,029 869,070 886,451 904,180 0)
Fire Prevention Fees(7) 0 1,190,372 1,214,179 1,238,463 1,263,232 1,288,497
FP-5(8) 0 7,409,899 7,632,196 7,861,162 8,096,997 8,339,907
Revenue Before Property Tax 3,409,054 10,452,052 10,735,192 11,026,218 11,325,354 11,632,831
0
Property Tax Required 28,448,073 20,959,614 21,304,706 21,654,479 22,255,249 22,873,062 LL
100%of City's Ad Valorem Property Tax Excluding IVDA Area 8,151,865 8,314,902 8,481,200 8,650,824 8,823,841 J
Other Property Tax Revenue 2,389,155 2,397,177 2,405,359 2,413,705 2,422,217
Total Property Tax 10,541,020 10,712,079 10,886,559 11,064,529 11,246,058 0
0)
In Lieu of VLF t
Total City Property Taxes in lieu of VLF 18,743,853 19,118,730 19,501,105 19,891,127 20,288,949
Base Transfer%to County Fire of PT in lieu of VLF 35% 35% 35% 35% 35% +
Base Property Taxes in lieu of VLF Transferred to County Fire 6,560,349 6,691,556 6,825,387 6,961,894 7,101,132 Q
Additional VLF to Replace Value of IVDA Ad Valorem Area 2,318,202 2,364,567 2,411,858 2,460,095 2,509,297
IVDA Negotiated Pass Through/Replaced with VLF 2,177,383 2,177,383 2,177,383 2,177,383 2,177,383
TOTAL VLF TRANSFER TO COUNTRY FIRE 11,055,934 11,233,505 11,414,627 11,599,372 11,787,812
SBCFPD Total Transfer Revenue 21,596,954 21,945,584 22,301,186 22,663,901 23,033,870
Valley Service Zone(9) 94% 20,301,136 20,628,849 20,963,115 21,304,067 21,651,838
Administration FPD(9) 6% 1,295,817 1,316,735 1,338,071 1,359,834 1,382,032
Yearly Net 637,340 640,877 646,707 408,652 160,808
Fund Balance 637,340 1,278,217 1,924,924 2,333,575 2,494,383
City Retained Costs
One Time County Fire Startup Costs(10) 311,471
iBank Debt(11) 0 0 0 0 0
San Manual Contract(12) 86,333 0 0 0 0
Unfunded Pension Liability 2,367,442 2,367,442 2,367,442 2,367,442 2,367,442
Fleet Facility Lease/Purchase(13) 55,000 55,000 55,000 55,000 1,072,500
Westnet Final Purchase Payment 44,261
Total city Retained Costs 2,864,507 2,422,442 2,422,442 2,422,442 packet pg. 84
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
The notes to this chart are needed to fully understand the references. They are shown
below:
FOOTNOTES:
1 FPD Administration Amount
2 Vehicle/Station Replacement and Major CIP Projects
3 Fee for Providing Liscensed Health Care (Average last 5 years)
4 Service Fees (Average last 7 years) (City# includes Prevention)
5 Strike Team, Airport, and other Reimbursements (3 Year Average)
6 Based on 2015/16 Assessed amount of 871,217 @ 94% collection + 2%for FY 2016/17
7 Based on our analyses of current services and our fees
8 Based on 53,180 taxable parcels @148.23 (Fy 2016/17 rate) with 94%collection Q
a�
9 All revenue shall be split 94%to Valley Service Zone and 6%to FPD Administration
Costs to move dispatch, networks, equipment to County Fire, vehicles to meet County
co
10 Standards, Inspect repair items noted in station inspections by First Safety
11 City shall payoff prior to Reorganization
12 Contract Expires 6/30/2017 (Final Payment will be made by City to County Fire) W
Final Payment of$1,072,500 due in 2020 (City shall Lease facility to County LL
13 Fire for$1.00 until) paid off then Quit Claim to County) >
14 Final Payment of 44,260.70 shall be paid by City prior to Reorganization M
v
0
This material has several nuances to the identification of both expenditures and revenues C
which are more fully described below. However, the basic information outlines the
expenses and revenues which are proposed for the Valley Service Zone, successor
agency, for the boots on the ground operation of fire protection and emergency medical Cn o
response within the City of San Bernardino. 0
a
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Expenditures:
d
Salary and benefit expenditures identified in the County Fire FIA shows the costs for fire
suppression, prevention and administrative personnel tied to those activities. They w
accommodate the transfer of 128.58 positions from City Fire (all the affected employees) a
but not the 12.42 dispatch personnel. Dispatch personnel are being transferred to
CONFIRE, a joint powers authority providing regional dispatch services of which County
Fire is a member. LAFCO staff has taken the information provided in the FIA and
information provided by County Fire, County Administrative Office and City personnel to
provide more information on these aspects of the FIA.
Staffing:
The FIA identifies the suppression, prevention and administrative personnel costs for the
five years following transfer from City Fire. All employees within these categories are
25
Packet Pg. 85
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
included in this projection based upon the current County Fire Memorandum of
Understanding in effect through July 2018. The Plan for Service identifies the transition
plan for the employees including the requirement to pass a physical for all suppression
and prevention employees. The terms of agreement with the City of San Bernardino is
that the transfer of compensated absences (vacation, holiday time and sick leave) will be
provided through a lump sum payment to County Fire for use by employees following
transition. County Fire will be impressed with a public trust fiduciary responsibility to
protect these funds for the purpose which they were intended through a condition of
approval for LAFCO 3198.
r
Number 2016/17 d
FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 E
of Forecast Per y
City Budget Forecast Forecast Forecast Forecast Forecast �
Expenditures: Positions Position y
Inflation Rote 5.0% 2.0% 2.0% 3.0% 3.0% 0
Staffing:
Suppression
C
Division Chief 0.93 298,880 277,958 283,517 289,187 297,863 306,799 'L
Battalion Chief 2.79 269,726 752,536 767,587 782,939 806,427 830,620
L
Captain 36 214,386 7,717,896 7,872,254 8,029,699 8,270,590 8,518,708 (n
Engineer 36 186,495 6,713,820 6,848,096 6,985,058 7,194,610 7,410,448 0)
Firefighter/Paramedic 39 164,714 6,423,846 6,552,323 6,683,369 6,883,870 7,090,386
C
Firefighter 3 151,007 453,021 462,081 471,323 485,463 500,027 ;
Fire Prevention y
Deputy Fire Marshal 1 231,659 231,659 236,292 241,018 248,249 255,696 W
Fire Prevention Supervisor 1 144,546 144,546 147,437 150,386 154,898 159,545 J LL
Fire Prevention Specialist 2 122,549 245,098 250,000 255,000 262,650 270,530 ,
Fire Prevention Officer/Arson 1 191,805 191,805 195,641 199,554 205,541 211,707 ..
Fire Prevention Officer 3 105,608 316,824 323,160 329,623 339,512 349,697 V_
Fire Prevention Office Assistant II 1 60,440 60,440 61,649 62,882 64,768 66,711 M
Non-Suppression :S
Staff Analyst 1 0.93 93,329 86,796 88,532 90,303 93,012 95,802 t,
Office Assistant III 0.93 60,645 56,400 57,528 58,679 60,439 62,252 0
Q
TOTAL SALARIES AND BENEFITS 128.58 26,319,709 23,672,645 24,146,097 24,629,020 25,367,892 26,128,928
fC
Cn
0
In addition, the draft staff report for the CONFIRE Board consideration, dated January 26, a
2016, identifies the transfer of all dispatch personnel, the acceptance of all equipment,
and outlines the actions necessary to accommodate this change, i.e., opening the High
Desert Government Center Dispatch Center to free up space in the CONFIRE offices in E
Rialto. The materials address the staff's concerns that the JPA acknowledge and accept
the terms of the transition of employees and equipment. w
a
The materials provided in the FIA related to Operating Expenses were submitted with
three line items only: Services and Supplies/Dispatch/MIS, Station Expenses and
Overhead and Support. LAFCO staff requested additional information on the breakdown
of the items which make up these expenditures totals and has updated the FIA chart to
reflect them. The LAFCO staff update is shown below:
26
Packet Pg. 86
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
2016/17
FY FY FY
FY 2015/16 Forecast FY 2016/17 FY 2017/18
Number of Positions 2018/19 2019/20 2020/21
City Budget Per Forecast Forecast
Forecast Forecast Forecast
Expenditures: Position
Inflation Rate 2.0% 2.0% 2.0% 2.0% 2.0%
Operating Expenses
Services and Supplies/Dispatch/MIS 3,058,063 2,534,749 2,585,444 2,637,153 2,689,896 2,743,694
Costs Allocation: Dispatch/MIS 1,571,544 1,602,975 1,635,035 1,667,736 1,701,090
County Overhead 506,950 517,089 527,431 537,979 548,739
Equipment 177,432 180,981 184,601 188,293 192,059
Vehicle Maintanence 101,390 103,418 105,486 107,596 109,748
Other Management Expense 50,695 51,709 52,743 53,798 54,874
a+
Medical Expense 50,695 51,709 52,743 53,798 54,874
Insurance 50,695 51,709 52,743 53,798 54,874
Information Services 25,347 25,854 26,372 26,899 27,437 d
d
tSl
Station Expenses 825,752 2,143,275 2,186,141 2,229,863 2,274,461 2,319,950 Q
Cost Allocation: Vehicle Maintenance/Fuel 921,608 940,041 958,841 978,018 997,579
Miscellaneous 364,357 371,644 379,077 386,658 394,392 L
Utilities 171,462 174,891 178,389 181,957 185,596 M
L
General Maintenance 171,462 174,891 178,389 181,957 185,596
Insurance 171,462 174,891 178,389 181,957 185,596 d
3
Equipment 150,029 153,030 156,090 159,212 162,397 =
G7
Medical supplies 107,164 109,307 111,493 113,723 115,998 d
Information Services 64,298 65,584 66,896 68,234 69,599
Clothing 21,433 21,861 22,299 22,745 23,200 LL
J
Overhead and Support(Footnote 1 on master table) 1,108,018 1,221,667 1,246,100 1,271,022 1,296,443 1,322,372
Cost Allocation: Administration 842,950 859,809 877,005 894,546 912,437
Public Information Officer 61,083 62,305 63,551 64,822 66,119 M
Human Resources 122,167 124,610 127,102 129,644 132,237
Warehouse/Support Services 195,467 199,376 203,364 207,431 211,580
IZ
TOTAL OPERATING EXPENSES 4,991,833 5,899,691 6,017,685 6,138,038 6,260,800 6,386,016 d
CAPITAL IMPROVEMENT FUND(2) 18,221 1,839,330 1,876,117 1,913,639 1,951,912 1,990,950
TOTAL OPERATING EXPENSE AND CAPITAL ice,
IMPROVEMENT FUND 5,010,054 7,739,021 7,893,802 8,051,677 8,212,712 8,376,966
O
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Q
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The breakdown in the cost allocation categories identifies that the expenses for providing
the services through County Fire are an increase in funding to provide for deferred
maintenance which the City, due to its financial position, was unable to fund and to set
aside revenues to accommodate needed capital improvements (new vehicles, equipment a
upgrades, etc.). This brings the anticipated expenditures for the first five years of
operation to an increase of more than $2,000,000 above the City cost for the preceding
five year period.
It is the position of LAFCO staff that the expenditures identified in the FIA reflect the
anticipated costs for the operation and the maintenance of the level of service previously
provided by the City and, in those instances identified, increases the service.
REVENUES:
27
Packet Pg. 87
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
The FIA, as amended, identifies the revenue streams to support the provision of service.
Throughout the analysis process, LAFCO staff has raised questions and responded to
concerns to assure that the FIA accurately reflects the revenue streams for this service.
The proposal presents unique circumstances for the distribution of City revenue to County
Fire for the delivery of fire protection and emergency medical response.
Revenues:
Grants 0 0 0 0 0
Ambulance Fees(3) 429,310 349,854 356,851 363,988 371,268 378,693
Charges for Service-General(4) 1,169,495 23,737 24,212 24,696 25,190 25,694
Charges for Service-Govt.(5) 1,089,624 642,867 655,724 668,839 682,216 695,860
CFD(6) 720,625 835,323 852,029 869,070 886,451 904,180 _
Fire Prevention Fees(7) 0 1,190,372 1,214,179 1,238,463 1,263,232 1,288,497
C
FP-5(8) 0 7,409,899 7,632,196 7,861,162 8,096,997 8,339,907
Revenue Before Property Tax 3,409,054 10,452,052 10,735,192 11,026,218 11,325,354 11,632,831 y
Property Tax Required 28,448,073 20,959,614 21,304,706 21,654,479 22,255,249 22,873,062 Q
100%of City's Ad Valorem Property Tax Excluding IVDA Area 8,151,865 8,314,902 8,481,200 8,650,824 8,823,841
Other Property Tax Revenue 2,389,155 2,397,177 2,405,359 2,413,705 2,422,217
Total Property Tax 10,541,020 10,712,079 10,886,559 11,064,529 11,246,058 Cl)
Q)
In Lieu of VLF
C
Total City Property Taxes in lieu of VLF 18,743,853 19,118,730 19,501,105 19,891,127 20,288,949 d
Base Transfer%to County Fire of PT in lieu of VLF 35% 35% 35% 35% 35%
d
Base Property Taxes in lieu of VLF Transferred to County Fire 6,560,349 6,691,556 6,825,387 6,961,894 7,101,132
U.
Additional VLF to Replace Value of IVDA Ad Valorem Area 2,318,202 2,364,567 2,411,858 2,460,095 2,509,297 J
IVDA Negotiated Pass Through/Replaced with VLF 2,177,383 2,177,383 2,177,383 2,177,383 2,177,383
r
Iq
TOTAL VLF TRANSFER TO COUNTRY FIRE 11,055,934 11,233,505 11,414,627 11,599,372 11,787,812
M
d'
SBCFPD Total Transfer Revenue 21,596,954 21,945,584 22,301,186 22,663,901 23,033,870
Valley Service Zone(9) 94% 20,301,136 20,628,849 20,963,115 21,304,067 21,651,838 Oil
Administration FPD(9) 6% 1,295,817 1,316,735 1,338,071 1,359,834 1,382,032
Yearly Net 637,340 640,877 646,707 408,652 160,808
Fund Balance 637,340 1,278,217 1,924,924 2,333,575 2,494,383
O
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Q
J
Those unique circumstances are described in more detail below:
a�
E
Property Tax for Motor Vehicle In Lieu Transfer
r
During the processing of the proposal through the mandatory Revenue and Taxation Q
Code Section 99 negotiation process, it was determined that the property tax receipts for
the City of San Bernardino are comprised of general ad valorem taxes, subject to R&T
Section 99, and property tax in lieu of Motor Vehicle License Fees. The first is transferred
as a function of the negotiation process; the latter, however, cannot be transferred directly
to a special district. In order to provide for the level of funding necessary to sustain the
operations being transferred to County Fire, a contractual agreement is required between
the City of San Bernardino, the Valley Service Zone of SBCFPD, and the County Auditor-
Controller specifying that 35% of the property tax proceeds from the swap of Motor
Vehicle License Fees attributable for the City of San Bernardino will be directed to the
Valley Service Zone for the fire operations delivered to the City. Staff has expressed its
28
Packet Pg. 88
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
concern that, as with so many things, what the State giveth it can take away. In response
to that concern the proposed contract, currently in draft form, addresses that should there
be a change in the method by which these revenues are calculated, the Valley Service
Zone of SBCFPD shall receive an equivalent amount from the new calculation. The
proposed condition of approval to memorialize this agreement is:
• Prior to the issuance of the Certificate of Completion for the reorganization to
include annexation, pursuant to the provisions outlined in Government Code
Section 56886 (i) 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 requires the Auditor/Controller/Treasurer/Tax
Collector for San Bernardino 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 a
a�
perpetual and address the needs for allocation of funds to replace the =
CU
L
property tax in-lieu of Motor Vehicle License fees should the State of
California make changes to this revenue stream legislatively. This amount is n
in addition to the amounts determined pursuant to the provisions of Revenue
and Taxation Code Section 99 for LAFCO 3198. d
U.
IVDA Property Tax and Incremental Transfer
In addition, to the item identified above, staff also learned late in December that the M
provisions of the Joint Powers Agreement with the Inland Valley Development Authority (a
redevelopment entity originally formed to address the transition of Norton Air Force Base)
0
does not allow for the property tax base and increment portion of the ad valorem taxes 4)
allocation to the City of San Bernardino to be transferred to County Fire. The language of
this agreement and the recent refinancing of the revenue bonds for the Authority require
that for those areas within the IVDA the City must retain this funding and the direction of o
the revenue bonds that pledge the increment to repayment of the bonds. Government
UL
Code Sections 56121 and 56122 requires that the Commission make the determination
that no bond or contractual obligation be impaired by an action before it. Therefore, after
much negotiation, it has been determined that a contractual arrangement be entered into
to provide the sum equivalent to the property tax, increment, and pass through funding
that would have been transferred to County Fire. In order to move forward with the r
determination that the transfer of operations is sustainable, a mechanism for transfer of an a
equivalent sum from a different source must be determined by the Commission and the
affected agencies. The map below delineates the area within the boundaries of the City
of San Bernardino that is within IVDA.
29
Packet Pg. 89
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
................ . ..
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........ ' IWA Boundaries Wthin the City M
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Major Roads Q.
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Staff could find no precedent for determining a method to address this issue; however, 0
through negotiations with IVDA, County Administrative Office, City of San Bernardino, and J
County Fire, a contractual basis for transfer has been proposed that addresses the
provision of an equivalent sum from property taxes in exchange for Motor Vehicle License
fees during the term of the revenue bond pledge (expiring in 2035) for the property taxes,
increment and pass-through that would have been exchanged if the standard property tax M
transfer process for the reorganization were to have been completed. Therefore, staff is a
proposing a condition of approval that reflects the agreements of the County
Administrative Office, County Fire, City of San Bernardino and IVDA for these contractual
transfers within the IVDA area.
• Prior to the issuance of the Certificate of Completion for the reorganization to
include annexation, pursuant to the provisions outlined in Government Code
Section 56886 (1), (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
30
Packet Pg. 90
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
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 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, 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 2014B bond obligations::
o The calculation shall use the following amounts to determine the transfer
from proceeds of property tax swap in lieu of Motor Vehicle License Fees
amount: (a) base property tax within the affected Tax Rate Areas (TRAs) E
within IVDA a part of the corporate limits of the City of San Bernardino , (b) 6.
a�
pass through payments, negotiated or statutory within the defined TRAs; (c) a
residual distribution as a result of redevelopment dissolution within the =
L
defined TRAs; and (d) any other property tax proceeds that would have s
come to the Valley Service Zone except for the exclusion of the IVDA area Cn
a�
of the City of San Bernardino; and,
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o 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 pledge is refunded or refinanced by mutual
agreement between the County of San Bernardino, the San Bernardino M
County Fire Protection District and the City of San Bernardino.
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Transfer of CFD
Community Facilities District #1033 was formed by the City Council of the City of San
Bernardino in 2004 under Resolution No. 2004-10. The engineering report included with o
that Resolution identifies the CFD special tax was to provide for funding to build, equip 0
and man the Verdemont Fire Station and defines the standards of service that were to be Q
J
met. The map below identifies the Verdemont service area and the actual parcels paying
the annual special tax. As the map reflects, only a limited number of parcels within the
service area pay the special tax and LAFCO staff requested that the City of San
Bernardino provide documentation of the limitation of funding resources.
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Packet Pg. 91
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
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LAFCO Verdemont Service Area Annexation Data Not Provided
r•^.�y. Annexation Areas(09/0612011) Parcel Boundaries
Parcels Currently Assessed(284)
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After months of discussions with City personnel, on January 15, 2016, LAFCO staff w
received a letter from the City Attorney stating that while the City believes that all
appropriate residential and commercial development has been included in the CFD, it
cannot provide an explanation of the number of tracts not currently paying. LAFCO staff a
had questioned the following tracts, but has no identification of individual residential units Q
built during the period 2004 to 2015:
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Packet Pg. 92
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
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(Verdemont Fire Station)
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LAFCO Verdemont Service Area Post CDF Developed Parcels v
Parcels Currently Assessed(284) Parcel Boundaries r
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The City of San Bernardino is currently working to reconcile the parcels developed and
assessed. However, staff has concerns for the means to transfer the administration of
CFD 1033 to the Valley Service Zone of SBCFPD, as the successor, if these questions on
administration remain. Government Code Section 56886(u) provides the statutory
authority for the Commission to transfer this Mello-Roos District and it reads as follows.-
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Packet Pg. 93
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
(u) The transfer of authority and responsibility among any affected cities, affected
counties, and affected districts for the administration of special tax and special
assessment districts, including,but not limited to, the levying and collecting of
special taxes and special assessments, including the determination of the annual
special tax rate within authorized limits; the management of redemption, reserve,
special reserve, and construction funds; the issuance of bonds which are authorized
but not yet issued at the time of the transfer, including not yet issued portions or
phases of bonds which are authorized; supervision of construction paid for with bond
or special tax or assessment proceeds; administration of agreements to acquire public
facilities and reimburse advances made to the district; and all other rights and
responsibilities with respect to the levies, bonds, funds, and use of proceeds that
would have applied to the local agency that created the special tax or special
assessment district.
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The language addresses the ability of the Commission to transfer this authority as well as a
to determine the "levying and collecting of special taxes and special assessment,
including the determination of the annual special tax rate within authorized limits". Due to R
the issues involved with the administration of CFD 1033 and the component of the N
reorganization proposal to include a per parcel charge for funding of fire protection, staff is
proposing a condition of approval to transfer CFD 1033 for administration by the Valley
Service Zone of SBCFPD but only for the commercial and industrial parcels currently
assessed and those which will be developed in the future. This would remove the $435 U.
per parcel residential special tax which will be replaced with the $144 FP-5 charge. The >
financial change for Fiscal Year 2015-16 is shown below:
M
Number of Parcels Per parcel charge Total Revenue in a
2015-16 a
Residential -- 127 parcels $435.18 $55,310
Commercial/Retail/ Per acre charge in 2004-05 was $815,949
Office/Industrial -- 11 parcels $2,445 N
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The loss of $55,310 is not considered to be substantial to the operations of the CFD and J
the Valley Service Zone as its successor, especially in light of the additional Valley
Service Zone revenues available from the unincorporated islands for delivery of service
outlined below. The staff is proposing the following condition to address this change..
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Upon the effective date of the reorganization including annexation, the Q
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
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
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Packet Pg. 94
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
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 Government Code Section
56886(1). The revenues to be received by the Successor District administering
CFD 1033 are impressed with the public trust, use or purpose as 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 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 Verdemont Service Area, shown below, for commercial, E
industrial retail or office uses. The City of San Bernardino shall be required to
annex any commercial, industrial, retail or office parcels into CFD 1033 as a Q
condition of development approval to be completed prior to the issuance of the
certificate of occupancy for said projects.
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CITY OF SAN BERNARDINO CFD#1033
dr (Verdemont Fire Station)
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i.■ A FCO Verdemont Sere ce Area city of San 7emardino
Anr+JV....y` Anrexaion Areas(09fOG+2011) Parcel Boundares
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Packet Pg. 95
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
Valley Service Zone Area:
SBCFPD and its Valley Service Zone are currently located within the unincorporated area
which is defining the general area to receive service by annexation of the City of San
Bernardino. Specifically on the map shown above, the peninsula of unincorporated area
along Kendall Avenue is within the Valley Service Zone. In addition, the San Bernardino
islands, the subject of a revenue contract with the City of San Bernardino to provide for
the eastern islands and Arrowhead Suburban Farms, are also within the Valley Service
Zone. Those island areas are shown on the map below:
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N LAFCO 3198—Reorganization to include Annexations to Q
A the San Bernardino County Fire Protection District, its
Valley Service Zone and Service Zone FP-5
Unincorporated Island Areas within the City of San Bernardino Under Contract
SBCFPD Service Zone PM-2
® SBCFPD-Valley Service Zone
San Bernardino County Fire Protection District(SBCFPD)
LAFCO I
µ� City of San Bernardino
City of Highland Fire(CDF) I
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Packet Pg. 96
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
The significance to the present discussion is that the revenues currently attributable to the
SBCFPD parent district for administration are estimated at $202,525 and the SBCFPD
Valley Service Zone at $916,813. Also to be included in service delivery mechanism is
the special tax for County Fire Service Zone PM-2 (paramedic tax within the six islands).
This is an annual receipt estimated at $106,712. These funds, totaling $1 ,226,050, will
also be available for use in supporting the fire protection and emergency medical
response within the overall San Bernardino community.
Transfer of Contracts
There are a number of contracts which have been entered into between the City of San
r
Bernardino on behalf of its Fire Department for such matters as mutual aid, joint powers
authorities, and the provision of a range of out-sourced services. As a part of the E
consideration, the Commission must make a determination regarding the transfer of the
contracts (copies of the contracts proposed for termination are included as Attachment #7 a
to this report). The staff is proposing the inclusion of the following condition to reflect =
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these determinations:
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• The remaining payments, all rights and interests held or claimed by the City of
San Bernardino Fire Department under all agreements and/or memoranda of a
understanding with any public agency or private entity, shall transfer to the W
Successor District, Valley Service Zone of the SBCFPD, excluding those
contracts shown on Exhibit "E" for termination. The Successor District, Valley
Service Zone, shall also assume all joint use, maintenance, automatic aid or M
mutual aid agreements held by the City of San Bernardino Fire Department
[(Government Code Section 56886(r)]. Amendments of existing agreements o
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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City of San Bernardino Fire Contracts
Contract Description Term SBCFPD to Transfer o
Terminate
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City of San Bernardino and Wildan and Through 9/30/2017 Terminate 6/30/2016
CSG Consultants for plan review, inspection a
building official and counter services
Contract Emergency Services Director for 6/30/2015 with two, one Terminate 6/30/2016
City year extensions
City of San Bernardino and Rancho 1/2008 until terminated Terminate 6/30/2016
Santiago College District for fire personnel
training/education
City of San Bernardino and Advance Data Until 6/2013; unclear if threl Terminate 6/30/2016
Processing — provides billing services for single year extensions
City were approved
Fire
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
City of San Bernardino and Fire Recovery 7/1/2013 — 6/30/2014 with Contract expires 6/30/16
USA— provides billing services for traffic three, one year and will not transfer
control and vehicle extraction services extensions
City of San Bernardino and SBCFPD; 2/1/14-1/31/2017 Contract expires
County Fire District provides emergency 6/30/2016; SBCFPD will
management services within City assume this responsibility
boundaries contract will not transfer
City of San Bernardino and Westnet, Inc; 7/1/2014 until terminated City will fund final paymer
provides warranty and maintenance of fire prior to issuance of
station alarm systems Certificate of Completion
/County to manage until
7/11/2017
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City of San Bernardino and Amerik Medical Unknown City to terminate d
Billing agreement prior to
issuance of Certificate of Q
Completion
City of San Bernardino and SBCFPD to 7/1/2011 — 6/30/2016 Valley Service Zone
provide fire protection and paramedic becomes provider of cn
services to unincorporated areas with the service, contract no longe
San Bernardino's sphere of influence necessary.
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Cities of San Bernardino, Colton, Loma 6/1972 — no end date Contract stays in place; >
Linda, Redlands and Rialto and the Fire specified no impact on master
Districts of Bloomington, Fontana and mutual aid agreements M
Muscoy— supplemental fire protection and
mutual aid services o
City of San Bernardino and San Bernardino 2/4/2004 until either party Transfer 7/1/2016
International Airport Authority—fire station terminates
lease aircraft fire crash rescue facility)
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City of San Bernardino and San Manuel 7/1/2007 — 7/1/2017 Transfer 7/1/2016 Cn
Band of Mission Indians —fire, EMS,
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dispatching, fire equipment maintenance, a
etc. J
City of San Bernardino, San Bernardino Unknown Transfer 7/1/2016
Community College and Crafton Hills
Community College
City of San Bernardino and Department of Unknown Transfer to County a
State Hospitals — Patton 7/1/2016
City of San Bernardino and US Department 10/11/2014 through Transfer 7/1/2016
of Agriculture/National Forest Service 10/11/2019
cooperative agreement—fire and rescue
services with mutual threat zones
JPA (City of San Bernardino, County of San Entered 6/1998 until SBCFPD will assume City
Bernardino and Santiago Community revenue bonds are paid portion of contract
College District) to create the San
Bernardino Regional Emergency Training
Center
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
It is the position of LAFCO staff that the approval of this reorganization will provide for the
continuing delivery of fire protection and emergency medical response service within the
corporate boundaries of the City of San Bernardino at the same level as received in the
past and in some aspects of service will improve. As required by Commission policy and
State law, the revised Plan for Service and Fiscal Impact Analysis submitted by County
Fire shows that the delivery of service can be maintained following reorganization.
Given the staff's support for the reorganization, the Commission will now need to address
the terms and conditions that are required to effectuate the change not otherwise outlined
in the narrative above. Specifically, the terms and conditions will address the transition of
service, transfer of obligations, discussion of assignment of special taxes and more. First,
staff is recommending that the effective date be set as July 1, 2016, or as soon as the
terms and conditions of the approval can be met. This will allow for a clean break in
financial operations and allow for a clean audit trail.
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Next, conditions will need to be applied to transfer operations, facilities, and debt to the
Valley Service Zone for the continued operation. All in all, a number of specific conditions
are needed to accommodate the dissolution and assumption of service. The full range of
conditions is outlined as follows: _
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• 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 recognize
the anticipated first year proceeds of taxes for the provision of fire protection M
and emergency medical response.
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• 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 o
accordance with the provisions of Government Code Section 57462. J
• 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 a
shall be transferred to the Successor District for its administration of Community
Facilities District 1033, and said Successor District shall separately maintain
such funds in accordance with the provisions of Government Code Section
57462.
The final element that will need to be addressed is that during the transition period State
law specifies that the dissolving entity be limited in its authority for expenditures and
encumbering obligations. Therefore, staff is recommending that the following condition be
included to address this issue which will limit the City from the point in time that the
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Packet Pg. 99
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
Commission approves the reorganization (adoption of its resolution) through the effective
date proposed to be July 1, 2016.
• As of the date of approval of the reorganization by LAFCO, through the effective
date pursuant to the provisions of Government Code 56885.5(a)(4), 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:
o No Increase in Compensation or Benefits: No increase in calculation for
payment of benefits or compensation for employees of the City of San
Bernardino Fire Department shall be allowed. Exceptions to this prohibition
include planned and budgeted increases identified in the adopted budget for a
Fiscal Year 2015-16.
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o Bound by Current Budget: Appropriating, encumbering, extending, or
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otherwise obligating any revenue of the City Fire Department beyond that
provided in the current budget at the time of Commission approval, but to
include any budgetary adjustment due to the circumstances surrounding the
December 2, 2015 terrorist attack, unless agreed to by the Successor U_
District. >
Staff would note that the condition includes the proviso to address an issue that may arise Cn
which requires expenditure of funds or the obligation for payment. This allows for a
mechanism to address unknowns during the transition. a
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ENVIRONMENTAL CONSIDERATIONS
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ENVIRONMENTAL: Will the proposed reorganization have an adverse -'
environmental effect that cannot be mitigated to a level of non-significance? If it
does, can those adverse effects be overridden by other benefits? E
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The Commission is the lead agency for review of the potential environmental
consequences of the reorganization evaluated in this report. LAFCO staff has provided
the Commission's Environmental Consultant, Tom Dodson and Associates, with the
application materials and responses provided by the City of San Bernardino and the
San Bernardino County Fire Protection District. Mr. Dodson reviewed this proposal and
has recommended that the reorganization is statutorily exempt from the California
Environmental Quality Act (CEQA) (copy of letter included as Attachment #9).
This determination is based on the fact that the reorganization will transfer the delivery
of fire protection, and emergency medical response from one entity to another which will
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Packet Pg. 100
AGENDA ITEM#7- LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
not result in any physical impacts on the environment. Therefore, this action is exempt
as defined under Section 15061(b)(3) of the State CEQA Guidelines. It is
recommended that the Commission adopt the General Rule Statutory Exemption for this
proposal by taking the actions outlined in the Recommendation Section of this report.
PUBLIC COMMENT
In addition to publication of a legal notice of this proposal (1/81h page advertisement in
The Sun), staff also mailed individual notices to the 42,783 landowners in the affected
reorganization territory. Over the last three weeks, staff has fielded approximately 100
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phone calls from landowners requesting additional information on the proposal. Specific E
areas of concern generally included:
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• A desire to maintain the City Fire Department through the City reprioritizing
expenditures.
• Objection to the imposition of a special tax due to financial hardships of N
homeowners.
• A belief that the City's financial hardships are being solved through the taxation
of its residents.
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• Additional clarification needed as to why residents do not have the opportunity to J
vote on the imposition of a special tax. >
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In addition, staff received nine comment letters which are included as Attachment #8 to
this report. The most extensive letter was received by LAFCO staff on January 19,
2016 from Ms. Karmel Roe. Staff is unable to provide a response to this information in a
the staff report; however, an update will be provided at the hearing.
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DETERMINATIONS
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The following determinations are required to be provided by Commission policy and
Government Code Section 56668 for any proposal considered:
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1. The County Registrar of Voters Office has determined that the study area is a
legally inhabited with 67,883 registered voters as of October 8, 2015.
2. The study area is proposed to be within the sphere of influence assigned the San
Bernardino County Fire Protection District through approval of LAFCO 3197.
3. The County Assessor's Office has determined that the total assessed valuation
of land and improvements for the area is $11,363,748,189 as of November 2,
2015. This figure is broken down as $2,976,373,339 for land and
$8,387,374,850 for improvements.
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AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
4. Legal notice of the Commission's consideration of the proposal has been
provided through publication of a 1/8th page advertisement in The Sun, a
newspaper of general circulation in the area. In addition, individual notices were
provided to all affected and interested agencies, County departments and those
individuals and agencies requesting special notice.
5. In compliance with the requirements of Government Code Section 56125,
individual notice was mailed to landowners within the reorganization area
(totaling 42,783) due to the annexation of the territory into SBCFPD Service Zone
FP-5 (a special tax zone). Comments from landowners have been considered by
the Commission in making its determination.
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6. The Southern California Association of Governments (SCAG) has adopted a d
Regional Transportation Plan and Sustainable Community Strategy pursuant to
the provisions of Government Code Section 65352.5. Approval of LAFCO 3198 a
has no direct impact on these determinations. The Sustainable Community
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Strategy includes as a determination the need to assure the ongoing availability
of health and safety services which approval of LAFCO 3198 will support. t"
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7. The Commission's Environmental Consultant, Tom Dodson of Tom Dodson and d
Associates, has indicated that based on his review of this reorganization, the
proposal will not change the area in which the service is provided. Therefore, the
proposal will have no physical affect upon the environment, and a General Rule
Statutory Exemption as authorized under Section 15061(b)(3) of the State CEQA M
Guidelines is appropriate. A copy of Mr. Dodson's response is included for the d:
Commission's review as Attachment#9 to this report. o
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8. The study area is presently served by the following public agencies: County of
San Bernardino, City of San Bernardino, East Valley Water District, San
Bernardino Valley Municipal Water District, San Bernardino Valley Water o in
Conservation District, Inland Empire Resource Conservation District, Riverside 0
Corona Resource Conservation District, and West Valley Water District. The City
of San Bernardino is affected through the transfer of its fire protection and
emergency medical response obligation to County Fire as a function of the
reorganization. In addition, the change anticipates that the San Bernardino
County Fire Protection District, its Valley Service Zone and its Service Zone FP-5 w
will be expanded to include the territory of the City of San Bernardino. None of a
the other agencies are affected by this reorganization proposal as they are
regional in nature.
9. The San Bernardino County Fire Protection District has submitted a Plan for
Service as required by Government Code Section 56653, which indicates that
County Fire can, at a minimum, maintain the existing level of service delivery and
can improve the level and range of selected portion of the fire protection and
emergency medical response currently available in the area. The Plan for
Service has been reviewed and compared with the standards established by the
Commission and the factors contained within Government Code Section 56668.
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Packet Pg. 102
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
The Commission finds that such Plan conforms to those adopted standards and
requirements.
10. The reorganization area can benefit from the assumption of fire protection and
emergency medical response through the Valley Service Zone of the San
Bernardino County Fire Protection District as evidenced by the Plan for Service.
11. This proposal will not affect the fair share allocation of the regional housing
needs assigned to the City of San Bernardino through the Southern California
Association of Government's (SCAG) Regional Housing Needs Allocation
(RHNA) process.
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12. With respect to environmental justice, the reorganization provides for the E
continuation of existing fire protection and emergency medical response within W
the area and will not result in the unfair treatment of any person based upon Q
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race, culture or income. _
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13. The County Board of Supervisors has successfully completed the process for the
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determination of the transfer of ad valorem property tax revenues upon
successful completion of this reorganization to the successor agencies, SBCFPD
and its Valley Service Zone. An amended to that agreement will be processed to
address the transfer of property tax revenues only for those areas outside the
Inland Valley Development Agency (IVDA). Based upon the need to maintain the
pledge to the Revenue Bonds of IVDA and its Successor Oversight Agency, the M
tax rates and Tax Rate Areas within IVDA shall be retained by the City of San
Bernardino until the bonds are paid in full or refunded. This fulfills the c
requirements of Section 99 of the Revenue and Taxation Code. d
14. The maps and legal descriptions prepared by the County Surveyor are in
substantial compliance with LAFCO and State standards. o Cn
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CONCLUSION
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Adequate fire protection and emergency medical response are key health and safety U
issues for any community. This was no more evident as when the tragic events of a
December 2, 2015 played out on our television screens and cellphones and the
exemplary response by all emergency responders was on display. The City of San
Bernardino, is both "service insolvent" (unable to pay for all of the costs of providing
services at the level required for the health, safety and welfare of the community) and
"budget insolvent" (unable to create a balanced budget that provides sufficient revenues
to pay for expenses), and cannot continue to fund adequate levels of fire and
emergency services for its residents over the long-term. Fiscal projections within the
City's Plan of Recovery and Plan of Adjustment indicate that without substantial change
in how services are provided to its residents, the City will be unable to emerge from
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Packet Pg. 103
AGENDA ITEM#7-LAFCO 3198--CITY OF
SAN BERNARDINO FIRE REORGANIZATION
JANUARY 20, 2016
bankruptcy. A key component of that plan is the transfer of responsibility for fire
services from the City to the County.
The City's decision to propose the transfer of its own fire department through
annexation to the San Bernardino County Fire Protection District was not an easy one.
Alternatives considered by the City included contracting out fire and emergency
services or transferring responsibility to a private service provider. Ultimately, the City
proposed transfer of its Fire Department through annexation to County Fire as the best
and most fiscally responsible alternative for serving their residents. This plan is
important to the City in that provides a means to return to the City's coffers an estimated
of $7,000,000 to $8,000,000 for use in addressing other service deficiencies that
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currently exist, such as police protection, roads, parks, or even streetlighting. These
service determinations will need to be made by the City in its future budgeting process. E
This is no small thing for the residents of this City.
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Staff concurs with the City that annexation to County Fire, its Valley Service Zone, and =
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Service Zone FP-5 remains the best option, both operationally and fiscally, by allowing
the City to take advantage of substantial economies of scale available from County Fire n
as well as existing County Fire stations and personnel located nearby the City.
Therefore, staff recommends approval of LAFCO 3198 as presented.
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Attachments
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1. Vicinity Map, Map of Proposed Reorganization and Supplemental Maps
2. City of San Bernardino/County Fire Application for Reorganization Including Plan o
for Service Fiscal Impact Analysis (Five-Year Projection), Transition Plan, San C
Manuel Band of Mission Indians Consent Resolution and Supplemental Data
3. Draft CONFIRE Staff Report Dated January 26, 2016 for Transition of San CU
Bernardino City Fire Dispatch Personnel to CONFIRE/County Fire
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4. City of San Bernardino Reponses to LAFCO Questions: Letter From City U
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Attorney Dated January 4, 2016; Letter from City Manager Dated November 9, a
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2015, and Letter Dated November 2, 2105
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5. County of San Bernardino Property Tax Transfer Resolutions from December 15,
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2015
6. Letter from City of San Bernardino Attorney Dated January 15, 2016 Related to w
CFD #1033 and City of San Bernardino Resolution No. 2004-210 Forming CFD a
#1033 and City Resolution No. 2015-128 Setting Special Tax for Fiscal Year
2015-16
7. Contracts To Be Terminated by the City of San Bernardino
8. Copies of Letters Received from the Public Related to LAFCO 3198
9. Letter from Commission Environmental Consultant Tom Dodson of Tom Dodson
and Associates Dated January 10, 2016
10. Draft LAFCO Resolution No. 3211
44
Packet Pg. 104
Kathy Mallon
1-96 West 3Ysr Street,San Berixa.rdino,CA 92405
gog 69,1-00?21
Kni illonz',54(x;gn-iail.Loin
3/3/2016
Councilman Henry Nickel,
Due
and address the council regarding my concerns on the public agenda item 2A. I ask that this
letter serve as my public comments and be read into the record.
I have watched closely the process of Bankruptcy since before its inception and am very well
informed on the devastating impact it has had on the quality of service and financial
solvency of our city. Time and time again this administration has asked for citizen input,
publicly stated that the residents have lost trust for the administration,and promised that
we would be given opportunity to be part of the process. You have failed over and over
again at all of these goals.
Now at the last hour before a change in one council seat you tried unsuccessfully on
Monday to force this Annexation which imposes a Parcel Tax on all property owners in the
city. I saw a glimmer of hope when a council majority delayed that decision until March 2111
regular session meeting. Now,with this Special Meeting,you are attempting to beat a
change in council representd-than,excibae working tax payers,ano'torce a vote on thins same
mariner. At what point will this administration begin to respect the voices of its
constituents,stop using the Plan of Adjustment as a threat,and actually look for solutions
that residents can support.
I have to ask WHY does the County want to use the Annexation process instead of a Contract
for Service? The answer seems obvious,there is a financial advantage for the County. There
is no advantage for the constituents, residents,taxpayers. The short term financial
advantage for the city is an unfair burden on all parcel owners. In the long term this
agreement in perpetuity is a finarcicd ;� � i*�; e a yr;;tiots�oi ccig l�4;se�esi wdy�s�
provide this critical service to the residents then why use a legal maneuver that bypasses
voter approval? The merits should stand up to voter scrutiny or at the very least be heard
by the full council after n off'cc,-cd3-,ja—
meeting only furthers constituent mistrust, erodes transparency,and wreaks of legal
maneuvering. I ask that those of you that were able to attend this meeting please wait for
this to be addressed by the full t,"ic sect-Mcadw,C S-Pes:a�'
Meeting
Regards,
Kat y Mallon
Entered Into R , at MCC/CDC Mtg:
by:
Ag -nd Item o'
Cite CIerVC Secretary
City of San Bernardino
Nine 7>-