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HomeMy WebLinkAboutReso 048-87 DSRSD MOU Fire/ParkRESOLUTION NO. 48 - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING REGARDING TRANSFER OF SERVICE RESPONSIBILITY RELATING TO FIRE PROTECTION AND SUPPRESSION AND PARK AND RECREATION WHEREAS, the representatives of the City Councils of Dublin and San Ramon and the Dublin-San Ramon Services District (DSRSD) have met to discuss the transfer of certain services currently being provided by DSRSD to areas within the boundaries of the Cities of Dublin and San Ramon; and WHEREAS, the representatives of the City Councils of the Cities of Dublin and San Ramon and the Board of Directors of DSRSD have reached agreement on the transfer of service responsibility for fire protection and suppression and park and recreation services and on the transfer of assets, both real and personal, and general fund reserves, which agreement is summarized in Exhibit A, attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. The Memorandum of Understanding, attached hereto as Exhibit A, is hereby approved and ratified and the Mayor is authorized and directed to sign it. June PASSED, APPROVED AND ADOPTED this 23rd , 198 7 . day of AYES: NOES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery None ABSENT: None ATTEST: City Dft-06-18-1987 Rev-07-02-1987 MEMORANDUM OF UNDERSTANDING Regarding Transfer of Service Responsibility among CITY OF DUBLIN, DUBLIN SAN RAMON SERVICES DISTRICT and CITY OF SAN RAMON This Memorandum of Understanding, dated ~,~ /~' , 1987 is entered into between the Dublin San Ramon Services District ("DISTRICT"), the City of Dublin and the City of San Ramon ("CITIES"). The parties mutually agree as follows: 1. The effective dates herein are expressed in the form of occurrences rather than calendar dates and are defined as fol- lows: "Effective Date A" is the date this Memorandum of Understanding is approved by the DISTRICT and the CITIES. If the Memorandum of Understanding is not executed by the parties on the same date, it shall be the date of the last execution. "Effective Date B" is the date approval is given by the Board of Supervisors of both the counties of Alameda and Contra Costa for the transfer of all property taxes collected and to be collected on behalf of the DISTRICT to the respective CITIES· If such approvals are not granted on the same date, the date of the second approval shall be considered as Effective Date B. c. "Effective Date C" shall be the date that the Joint Exercise of Powers Agency (FIRE JPA) for fire protection and suppression within the area currently served by the DISTRICT assumes opera- tional responsibility· This date shall be set forth in the Joint Exercise of Powers Agreement and the CITIES shall consult with DISTRICT with respect to establishment of this date. On Effective Date A, or as soon thereafter as possible: a. Each CITY shall adopt a resolution agreeing to provide park and recreation and fire protection and suppression services when the DISTRICT ceases to provide such services and shall forward a copy of said resolutions to the Boards of Supervisors of the County of Alameda and the County of Contra Costa. b. The DISTRICT shall adopt a resolution notifying the Board of Supervisors of Alameda and Contra Costa Counties of the DISTRICT's intention to transfer park and recreation and fire protection and suppression services to the CITIES, and re- questing the respective Boards of Supervisors to negotiate the transfer of all future property tax entitlements of the DISTRICT to the respective CITIES. On Effective Date B, or as soon thereafter as possible: a. the DISTRICT shall transfer to the CITIES, all general fund revenues, trust and reserve funds less those amounts retained by the DISTRICT to satisfy fire budget and appropriate administra- tive/legislative requirements during the period between Effective Date B and Effective Date C in the following manner: (1). All Altamont fees to the City of Dublin; (2). All park dedication fees to the City from which they were generated; (3). All other funds, fees, trust funds and General Fund Reserves on hand to the CITIES equal- ly. (4). All funds, other than those relating to the water and sewer services, received by the DISTRICT after Effective Date B, shall be transferred upon receipt to the City from which such funds were generated. (5). As used in this subsection 3a, General Fund revenues shall not include inter-fund transfers of, either enterprise or expansion funds except the Fire Capital Improvement Fund. General Fund reserves shall not include restricted reserve 3 inter-fund utility expansion transfers. All inter-fund expansion monies potentially generated in the 1987-88 fiscal year and thereafter shall remain with the appropriate DISTRICT utility fund, .except such money as may be necessary to eliminate General Fund deficits until Effective Date C. b. The DISTRICT shall transfer title to all park, recreation and aquatics facilities, including land, buildings, rolling stock, equipment, furni- ture and other property customarily and exclusive- ly used by the DISTRICT in the operation of the facility to be transferred, to the City in which said facility is located. c. The DISTRICT shall transfer title to all other personal property used at park and aquatics facil- ities to each CITY equally, based on current market value· d. Each CITY shall assume total responsibility for those parks, recreation and aquatics facilities and programs within each City's respective bound- aries, presently performed by the DISTRICT at such facilities and the DISTRICT shall thereafter divest itself of all such responsibility. On Effective Date C, or as soon thereafter as possible: a. The DISTRICT shall transfer title to Fire Station No. 1, located at 7495 Donohue Drive, in the City of Dublin, and any rolling stock, equipment, furniture, or other property customarily located at and used exclusively by the DISTRICT in con- junction with its operation of Fire Station No. 1, to the City of Dublin· The DISTRICT shall transfer title to Fire Station No. 2 and the Fire Administration Building located at 9399 Fircrest Drive in the City of San Ramon, and any rolling stock, equipment, furniture or other property customarily located at and used exclusively by the DISTRICT in conjunction with the operation of Fire Station No. 2 or in the Fire Administration Building to the City of San Ramon. The DISTRICT shall transfer title to all other personal property used for fire protection and suppression to each CITY equally, based on current market value. The DISTRICT shall convey to the CITIES, equally, all remaining unexpended general fund revenues, trust and reserve funds retained by the DISTRICT to satisfy fire budget and appropriate administra- tive/legislative requirements during the period between Effective Date B and Effective Date C as per subsection 3a, above. Each CITY shall convey the assets described in subsections 4a, 4b, 4c and 4d to the FIRE JPA in the manner and under such terms as are set forth in the Joint Exercise of Powers Agreement. f. The FIRE JPA'shall become operational and shall assume the responsibility for the fire protection and suppression services within the territorial limits of the CITIES and the DISTRICT shall divest and relinquish any claim, right or responsibility for providing such fire protection and suppression services. 5. The parties agree that the DISTRICT owned buildings, equipment and grounds located at 7051 Dublin Boulevard, in the City of Dublin, are not subject to the provisions of this Agree- ment and shall not be included in the transfer of assets to the CITIES. 6. The CITIES and the FIRE JPA, as the case may be, shall be bound by and agree to honor all existing contracts between the DISTRICT with Public Employees Retirement System (PERS) and any labor organizations and shall meet and confer with such labor organizations as required under the Meyers-Milias-Brown Act of the State of California. 7. All debts and liabilities pertaining to fire protection and suppression and park, recreation and aquatics of the DISTRICT shall be assumed by the respective CITIES at the same time as the assumption of the concurrent right or responsibility. 8. The DISTRICT shall continue to administer the debt ser- vice related to the DISTRICT's current park bond indebtedness. 9. DISTRICT shall transfer all of its "Proposition 4" appropriation limitation to the CITIES as calculated by the DISTRICT as of Effective Date C. 10. Nothing in this Agreement will preclude either CITY from assuming maintenance responsibility of DISTRICT park, recreation and aquatics facilities within such CITY prior to implementation of any actions contemplated by this Agreement. If either CITY assumes such interim maintenance responsibility of DISTRICT park, recreation and/or aquatics facility within such City, the amount of monies budgeted by the DISTRICT for maintenance and operation of the park, recreation and aquatics facilities in such CITY may be transferred by the DISTRICT to such CITY, subject to the prior written approval of the other CITY. 11. The CITIES and DISTRICT agree to negotiate in good faith to enter into such agreements made necessary by this Agreement and to exercise due diligence in carrying out their respective obligations hereunder. 12. In the event of any judgment by a court of competent jurisdiction restraining or preventing either CITY or DISTRICT from undertaking any actions hereunder, this Agreement shall be voidable by the party or parties to the suit. Dates of Execution and Siqnatures On Followinq Page 7 Dated: prov~ Fo~, City Attorney Dated: Approved as to Form: Ci%y Attorney ~ Dated:~f/~ Approved as to Form: Attorney for District ity ~f San Ramon 8