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HomeMy WebLinkAbout7.2 DSRSD Reorganization Report CITY OF DUBLIN • AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 9, 1987 SUBJECT Liaison Committee Report on Reorganization of Dublin San Ramon Services District EXHIBITS ATTACHED 1 ) Draft Memorandum of Understanding supported by Dublin Liaison Committee and accompanying resolutions dated February 9, 1987 2 ) City Council Agenda Statement of November 24, 1986 including San Ramon ' s position 3 ) Dublin San Ramon Services District proposed draft Memorandum of Understanding dated January 9, 1987 4 ) City of Dublin and San Ramon Compromise proposal presented to District Liaison Committee on December 16, 1986 5) DSRSD position paper of August 16, 1986 6) Memoranda from Assistant City Attorney regarding Dissolution of District dated .May 14, 1986 and April 10, 1986 7 ) Letter from Duane W. Reno, representing Local 1885 of the International Association of Firefighters 8) Draft letter of reply to Local 1885 RECOMMENDATIO► k • 1) Receive report from Liaison Committee 2 ) Direct Staff to send draft letter to Local 1885 of the IAFF FINANCIAL STATEMENT: None at this time DESCRIPTION At the City Council meeting of January 26, 1987, it was agreed that a discussion would be scheduled regarding the reorganization of the Dublin San Ramon Services District. The City Council last discussed this issue on November 24, 1986 . At that meeting, the Liaison Committee recommended that the City Council consider an alternative regarding the DSRSD reorganization which would provide for the assumption of Park and Fire Services by the Cities, only after the Cities were legally assured that all property taxes presently collected by the District would be distributed to the Cities . Decisions regarding sewer and water would be deferred with no date certain. It was envisioned that this proposal would work as follows : 1 ) The Cities of Dublin and San Ramon would immediately begin drafting a two-member joint powers agreement to provide fire services . 2 ) Simultaneously, the District would request the Board of Supervisors of Alameda County and Contra Costa County to negotiate the distribution of property taxes on the District ' s behalf . If the Counties agreed to pass through the entire property tax to the Cities, the transfer of parks title to the Cities, and the transfer of fire service to the JPA would occur . If one or both of the Counties chose not to distribute all property taxes presently received by DSRSD, the Cities could seek judicial determination by filing a Declaratory Relief Action for the purpose of clarifying the law. If the Cities received a favorable determination by the Court, the transfer of fire and park services would occur; if not, the San Ramon proposal could be implemented. COPIES TO: • ITEM NO. AGENDA STATEMENT: Liaison Committee Report on Reorganization of Dublin San Ramon Services District . Page 2 It was the City Council ' s direction at that meeting that the Liaison Committee meet with the San - Ramon Liaison Committee to resolve the differences between the Dublin Liaison Committee proposal and the San Ramon Liaison Committee proposal (see November 24, 1986 Agenda Statement and attachments, "Exhibit 2" ) . The Council also indicated that if the situation could not be resolved that the entire Boards of each of the 3 agencies should meet. Pursuant to Council direction, the Dublin and San Ramon Liaison Committee members met and agreed in concept to a proposal that is basically outlined in a Draft Memorandum of Understanding identified as "Exhibit 4" . On December 16, 1986, this proposal was submitted to the DSRSD Liaison Committee for District consideration. In January, 1987, the District rejected the proposed Memorandum of Understanding which had been agreed to in concept by San Ramon and Dublin and submitted a Memorandum of Understanding to the City (see attached "Exhibit 3" ) . In reviewing this Memorandum of Understanding proposed by the District, the Dublin Liaison Committee concluded that the District' s proposed Memorandum' of Understanding did not provide for a clean transfer of services to the Cities . Therefore, it is the Liaison Committee ' s recommendation that the City Council consider the Memorandum of Understanding (see attached Exhibit 1" ) which has been prepared by the City Attorney' s Office and which would facilitate the earlier Liaison Committee recommendation to the Dublin City Council . • 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 , 198 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 District and Cities will each adopt a resolution approving this Memorandum of Understanding. 2. The District will 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 requesting the respective Board of Supervisors to negotiate. the transfer of property tax on behalf of the District with each City. The Cities will each adopt a resolution agreeing. to provide such services when the District ceases to provide such services. 3. If and when the City of Dublin and the City of San Ramon .. . - each agreement regarding the transfer of property tax with the Counties- of Alameda and Contra Costa, respectively, the parties agree that the following actions will be taken: 1/29/87 -1- EXHIBIT Recommended Proposal by. Dublin Liaison dated 2/9/-87 • A. The District and Cities will negotiate an agreement transferring legal title to all park, recreation and aquatics property, buildings, rolling stock, equipment and other related fixed assets to each City based upon their physical location within each City. The District and Cities may agree on another method of transferring District equipment that is used at park and aquatics facilities in both Cities. The agreements will become effective on at which time each City will assume total responsibility for those parks, recreation and aquatics facilities within each City' s respective boundaries, as well "as all park, recreation and aquatics responsibilities presently performed by the District. B. The City of Dublin and the City of San Ramon will negotiate to create a joint powers agency to provide fire protection and suppression services within the territorial limits of both cities. The fire joint powers agency ( "Fire JPA" ) will become effective , but will NOT assume operational responsi- bility for fire protection and suppression within each City. until _ . All District budget. classification changes and interclassification budget = transfers for the period to will be subject to approval by the Fire JPA. 1/29/87 -2- • C. All General Fund revenues received by the District. after , less, amounts retained to satisfy fire budget requirements, will be transferred upon receipt to the Cities in such proportion as may be mutually agreed by Cities. On , the District will transfer park dedication fees, Altamont fees, other trust funds pertaining to parks and recreation, and all General Fund Reserves on hand with the District as of- , to the. Cities in such proportion as may be mutually agreed by Cities. D. On , all General Fund revenues and reserves related to the provision of fire service will be transferred by the District to the Cities in such proportion as may be mutually agreed .by Cities. Those properties, buildings, equipment and other fixed assets related to the fire function will be transferred by the District to the Fire JPA. E. On , the District will divest itself of any claim, right or responsibility to _the park and recreation and fire protection and suppression functions. within the territorial limits of Cities, if it has not already done so. F. All existing contracts with PERS and labor organizations will be honored by the Cities or. the Fire JPA, as the case may be, and all debts and liabilities of the District will be transferred to the Cities along with 1/29/87 _3_ the concurrent right or responsibility. Cities and District will negotiate a transfer of Proposition 4 appropriation limitations. 4. Nothing in this agreement will preclude either city from assuming maintenance responsibility of District park, recreation and acquatics facilities within such city upon agreement with the District prior to the implementation of any of the above agreements, provided that it is done at the sole expense of the City assuming that responsibility. 5. The Cities and the District agree to negotiate in good faith to enter into the agreements referred to and contemplated herein and to exercise due diligence in carrying out their respective obligations hereunder. 6 . In the event of any legal action restraining or preventing either City or District from undertaking any actions hereunder, this agreement shall be voidable by the party subject to suit. , Mayor, City of Dublin Mayor, City. of San Ramon Chairman, Dublin San Ramon Services District 1/29/87 -4- RESOLUTION NO. 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 0 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 Ac 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. . PASSED, APPROVED AND ADOPTED this th day of. , 198 . . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk • • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON 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 San Ramon 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. • PASSED, APPROVED AND ADOPTED this th day of , 198_ AYES: ' NOES: ABSENT: Mayor ATTEST: ' City Clerk ` - - r RESOLUTION NO. A RESOLUTION. OF THE BOARD OF DIRECTORS OF THE DUBLIN-SAN RAMON SERVICES DISTRICT 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 Board of Directors of the Dublin-San Ramon Services District does hereby find that: 1 . The Memorandum of Understanding, attached hereto as Exhibit A, is hereby approved and ratified, and the Chairman is authorized and directed to sign it. PASSED, APPROVED AND ADOPTED this th day of , 198_ AYES: NOES: ABSENT: Chairman ATTEST: Secretary • • CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 24, 1986 • SUBJECT Report from Liaison Committee Re: Dublin San Ramon - Services District Study EXHIBITS ATTACHED Letter from the City of San Ramon City Manager dated November 4, 1986 ; Conclusions and recommendations of the City Council of the City of San Ramon re : the assumption of services from the Dublin San Ramon Services District ; revised fiscal impact analysis of Hughies , Heiss & Associates_ RECOMMENDATION . : It is the Committee ' s recommendation that the City Council consider the alternatives identified below and take appropriate action. FINANCIAL STATEMENT: • DESCRIPTION At its meeting of .Fovember 10, 1986, the City Council directed its Liaison Committee with San Ramon to meet with San Ramon and clarify the San Ramon City Council ' s recommendations regarding the ultimate disposition of the Dublin San Ramon Services District. At the: conclusion of the Liaison Committee meeting , the Dublin Liaison Committee representatives agreed that there are three basic alternatives which the City Council should consider . These are briefly described below. - I . Dissolution of the Dublin San . Ramon Services District as recommended in the Dublin/San Ramon Committee report presented to the Dublin City Council in July 1986 , and adopted by the Dublin City Council . Dissolution of the District would involve a proceeding with the Local Agency Formation Commission and would be contingent upon the unanimous consent, of the Board of Directors of the Dublin San Ramon Services District or a successful election .among District voters approving the Dissolution. Concurrence with the City of San Ramon' s recommendations regarding the disposition of the Dublin San RamonvServices District. The San Ramon proposal basically provides for the assumption of the DSRSD park and fire responsibilities , and certain sewer responsibilities . Any further consideration of the assumption of sewer and water planning , operation, and maintenance responsibilities would be deferred until June 30 , 1993 . The San Ramon proposal would be accomplished as follows . A. Lease agreements would be prepared between the District and each City for park and pool facilities within each respective City . Effective . January 1 ,`1987 , the City would have total responsibility for maintanence , facility scheduling , setting of user fees , and capital improvements in the parks . The term of the lease agreement would be long term i .e . 99 years . The' lease would be terminated and permanent title and park responsibility transferred to the Cities , once the District and Cities were legally assured that those general property tax funds now collected by the District would be distributed to only the Cities of Dublin and San Ramon. B. A Joint Powers Authority. (JPA) would be formed between the City of Dublin , City of San Ramon, and the Dublin San Ramon Services District to assume responsibility for the provision of fire services to the City of Dublin and to those properties within the Dublin San Ramon Services District and the City of San Ramon. The JPA would be formed on March 1 , 1987 and would assume complete operational responsibility for the Fire function July 1 , 1987 . Between March and July , the JPA would approve any budget transfers related to the fire function and would probably select a new fire chief to replace the current District Fire Chief , who will be retiring . As with the ---------------------------------------------------------------------------- COPIES TO: Jim Robinson D ITEM NO. 74:4. _ • • parks, DSRSD would wit 3w from the.` ,Fire JPA ani -'ive up any claim and participation with respect to the fire ' function, .. OuLC it was assured that general property taxes presently received by the District would go only to the Cities of Dublin and San Ramon. • • - C. Sewer and water services would continue to ; be provided by DSRSD, at least until June ' 30, 1993' with the exception of the folowing. . 1 . Each. City would receive a sewer capacity allocation set by. contract with the District . Presently, the District has a pool of permits available to property owners. within the District, which are issued on' a . first come , . first serve basis. . It should be pointed out that such a " capacity allocation may unnecessarily delay "property development within one jurisdiction, if one jurisdiction develops faster than. the other. 2. - • Sewer permits would be issued by Cities in order - to increase the. number of services provided to the development community in one location. • 3. . Cities ' would- collect, the fees for sewer permits and the District would charge each. City . for sewer capacity associated with _ those permits issued . • • The deferral of further studies or, recommendations" regarding complete.. • assumption ' of sewer . and ' water services by the Cities ' from the DSRSD until June 30', 1993 is based. on the assumption that the TWA -(Tri Valley Wastewater Agency) will complete its work to provide for the long term sewage capacity needs of the valley by that date. D. 'Funding-. for park and fire responsibilities.- as outlined above would be provided for as follows . • 1 . On January 1 , 1987, the District would trans fer ." to the Cities all current general fund revenues which are not budgeted for fire services for the remainder of Fiscal Year 1986-87. The District wouldalso transfer all general fund reserves , (exce.pt fires reserves) , park dedication' • fees, Altamont fees - and reserves , and all other" trust funds pertaining to • the .parks and recreation' functions as of June 30, -1986 . • 2. On July , 1 , 1987 , , the ' District will ' transfer all general • funds directly tO the ' Cities . The fire capital. reserves " would; be • transferred to the JPA. The fiscal' impact " on the- Cities implementing "this proposal as ' proposed by • - San- Ramon . is ' shown in the revised Fiscal Impact 'Study prepared by John Heise. This study indicates that the City of Dublin would have to subsidize the, parks for the last half of Fiscal Year' .1986-87 and Fiscal Year 1987-88 in' the amount of $5 , 739 and $41 , 773 " respectively . Staff believes that the net ' subsidy . shown in Fiscal Year 1987-88 could be as much as $80 , 000 because the Heiss• report overstates , interest, revenue.. • Heiss - assumes $184, 500 in interest revenue generated from $1 ;50"0,000 in reserves . Given the current investment market , interest income of the total reserves may .be closer to $105 ,000. In Fiscal " Year 198.8-89 , Heiss - estimated that the City of Dublin . would have ' net revenue of $36 , 073 . Again, this figure may be high because of overestimating interest income . Heiss did indicate that . the City subsidy to park maintenance could be eliminated, if the Cities chose to utilize reserves transferred by • the District to the Cities "until property tax revenues related to DSRSD ' caught up ' . " This -proposal is predicated on the concept that a Fire JPA could be successfully created in accordance with the time frame identified above.. • With. respect to funding fire ' services , the Cities would have the responsibility of tranferring sufficient funds to the Fire JPA for the - JPA to operate on an annual basis'. . With respect tO the San Ramon. proposal regarding sewer permit issuance , if the City were to recover the .cost of issuing permits , the total sewer permit fee may increase'. if the District did not correspondingly reduce its charges - to ° each City 'for- permits . . • • • III. The . Dublin Committee also identified a+ L:aird alternative which provides for the assumption of park and fire services by the Cities only after the Cities were legally assured that all property taxes presently collected by the District would be distributed to the Cities. Decisions regarding sewer and. water would be deferred with no date certain. If the District and San Ramon agreed, this alternative would work as follows . A. , The Cities of Dublin and San Ramon would immediately- . begin drafting a two member JPA to provide fire services . ' B. Simultaneously , ' the ' District would. request the Board of Supervisors of Alameda County and Contra Costa- County to negotiate the , distribution of property taxes on the District ' s behalf . •If the Counties agreed to pass through the : entire property tax to the Cities , the transfer of the title to the parks to the Cities and the transfer of fire service would occur. If one or both of the Counties chose not to distribute all property taxes presently received by DSRSD, the Cities could seek a' judical determination by filing a ' Declaratory Relief Action for the purpose of clarifying the law. The City Attorney ' s Office has indicated that these actions have precedent and could be resolved in three (3) to six .. (6) months . If the Cities receive ,a favorable determination by the Court , the transfer of fire and parks would' occur ; if not , the San Ramon proposal could be implemented. • This alternative is viewed as being preferable to San Ramon' s proposal for the following reasons . 1 . The Cities would incur no costs until income• to provide parks and fire services was guaranteed. 2. The Cities should not assume the obligation' of parks and be required to subsidize the parks , while there is still yet the possibility that Dublin and San. Ramon might not be able to agree to terms in forming a Fire JPA. The Fire SPA must be formed as a first step. 3 . The Cities may incur substantial costs in implementing San .Racoon' s proposal in addition to the associated costs required in assuring that property taxes will not ,be lost by the Cities . 4. The time frame in the San Ramon proposal is .too short and unrealistic with respect to implementation. 5 . ' The Cities cannot agree to deferring sewer and water services to June 30, 1993 , because legally neither City can bind the action of ' future City Councils. Therefore , this alternative defers consideration of the sewer and water service with no specific date. • • 4) of San :parr:®r -. • - 2222 Camino Ramon • San Ramon, California 94583 (415) 866-I400 • November 4 , 1986 • Rich Ambrose, City .Manager • City of Dublin 6500 Dublin Blvd • Dublin, CA 94568 Dear Rich: • At a special meeting of the San Ramon City Council held November 3 the Council considered a report from the' Council DSRSD liaison committee •regarding the conclusions and recommendations for transfer. of General Fund services from the District to the Cities of Dublin and San Ramon. In addition, the City Council considered supplemental information from Hughes ,'' Heiss and Associates indicating that the DSRSD financial reports as of June 30 , 1986 will provide . for a General Fund that still has a reserve of at least one million: dollars in unallocated reserves . To the extent that these funds are transferred to the cities they would be available to- offset any required subsidies until property tax revenues previously related to the Dublin San Ramon Services District catch up. Attached are the conclusions and recommendations of the report presented to the City Council in outline form. The City Council adopted the attached conclusions and recommendations in conceizt and instructed both the liaison committee and staff to continue -meeting with the District 'liaison and City of Dublin liaison to discuss these conclusions and to prepare an agreement providing for implementation . of these •recommendations and creation of a Joint •Powers Authority. As we discussed on the phone earlier today, I have made myself • available this afternoon to discuss this proposal and answer any specific questions that you may have before presenting this proposal to either your liaison or City Council, or Board. Sincerely, • • gity 7;010inSOn 7l Manager JR/jm ' • cc : San Ramon City Council liaison • • • t. A. GENERAL FUND 1. Parks and Recreation ' a. Parks to be transferred or, if legally infeasible to transfer, to be leased,to cities reserving the decisions relating to maintenance; scheduling; • setting fees and ' capital improvements to the cities as of January 1, 1987. b. All general 'funds less those budgeted. for fire for balance • of fiscal year will be transferred January 1, 1987 . •All general funds to include park dedication fees _and ,other trust:,funds pertaining to parks and recreation plusAltamont fees and reserves as of June 30, 1986. • c. General funds received by DSRSD after January 1, 1987 less amounts retained to satisfy fire budget requirements will . be transferred upon receipt. d. Cities will provide• maintenarkce and park and recreation services_vzde-r—caa act • Vie. , DSRSD.will not charge administrative fee to administer contract. , ' 1 i 2. Fire a. JPA will be formed and become : operational March 1 , 1987.. b. JPA will consist of five members two from each city and •one from DSRSD. c. JPA will assure operational responsibility of the Fire Department July 1 , 1987 . All budget classification changes and interclassification budget transfers for the period of March 1, 1987 - June 30 , 1987 will be approved by the JPA. - d`. , E;ffective-i July; 1 , 1987 DSRSD will transfer all general funds to .cities . . All funds encumbered for fire services , capital, etc. would be transferred to the JPA. e. DSRSD will not charge any administration fee to the JPA for participation. 3 . Sewer and Water a. Sewer capacity allocation will be set by contract with the cities . b. Sewer permits will be issued by the cities . Cities will individually set the fees to be charged for the permit . c. DSRSD would charge each city for sewer capacity associated with the permits used. • B. DSRSD will divest -itself of any _claim, right or responsibility - to the park':and recreation and fire protection functions including removing itself from the JPA when assured that the general property - tax funds now collected will not be distributed, in whole or in part to other agencies. DSRSD will_assist in obtaining legal•opinions and legislation necessary to implement this proposal. ' • C. All existing contracts with P.E:R.S.- and labor organizations will be honored. . . D. Future studies or recommendations of divestiture of sewer and water services are deferred by.. agreement. through June 30, -1993.. • • • • .._ ... -.. - • -. .. 1" ,•//.13-ru,,4 •a q pinorn ° O auunss y14)"atp "�1 d S-a� 13-bl IJ .ran 043 ir'sb V_�;��A usQ��Xa 4.jJno Awd 4°U . I-a3� m p 04. �o }',.1) S'•�nJaj'a! ��C,wdzaun vi 00inici},tk 40 1"""'. 1-1.114 f o -as 1 anuu a 000144. tali-Dm.q)-52 sP^tg-tr •i-':.tj'^8 -r"e1�nJ zi.m2H.2 -x-sr- -po l'1ad giuow XS _134. pe+2lnoleo sanuanal pue s+so3 ** ;oel+uao 11+s11) pops : le+usJ qn p un PS) d02!S 0+ pa+e 1e1 anuen31 Ie.l_ue1/4oe1+uo3 * (! L/S) • (_L5`6 $ -&3:-ii, S : - 0 - pallnbed{ nA!sgnS: +ah! lLE'0 ZS lZ' LZ5 OOL LZZ lS. ?d101 1aael •+u 1 eW )11ed +daoxa swa4.1 LZ8`Sv EZ9`9Z - I Id 04 4.eOPne 4.4.2+S so1-1.2ntf 051`55 - - aSdSO +ua1,,n3 sn Id" d01:1S 008`t5 - slsAleuy •+u1eI4 3S3A . 17654i7f51 899`951 - uo paseg '4.u191',1 X1ed 000`171" $ 009`51 S - pa+eoo 1 ly s-1-s03 " •4.U!2 uouuegs /asnoH 9- 111i4 - . - 00 L` LZ5`ls - 00L`ILZS`LS 911d s4sco 96L 02$ ZS9 OOL LZc LS -TN1QL 0.00`02 - - 000'OZ *snoeuel laps IW - • - 000`55 000`55 '4-^�5'1 iu99 916`5 ti58`9 - 05L`ZL saad esfl .P 191d . 050`91, 056`13Z - 000`5L saad sol+enbd - . - 000`Z1 000`Z1L seed dwnO +uowe4Iy - - . 000`Zl . 000 Zl saad•n09'4.UI 0054Z6 • : . 005`Z6 .lsa 19+u 1 Z5848515 990`ZLL 00Z`OLO`LS OOl` 1Oti`IS" xel /41ad°1d enuanab NOrtIVel NYS O1 N11 flI 01 QS2!SQ 01 11f101 W311 fi • **L9-0c-9 H9f1021H1 L2-1-1. W021. `� E • , FROM 7-1-87 FROM 7-1=88 1 . THROUGH 6-30-88 THROUGH 6-30-89 / ITEM - Dubl in San Eamon Dubl In ` San Raecn Revenue Property Tax' . $1,594,564 $1,347,436 $1,723,344 $1,398,656 Interest . 92,500 92,500 ..92,500 92,500 Al tamcnt Dump Fees " 12, coo y2 ovo li, 500 - - I7, 5c0 Aquatics Fees 57,900 92,100 57,900 92,100 Fiel d Use Fees :. 13,668 " ` 11 ,832 13,668 11 ,832 Gene I.Govt. • 17,soo I L7,5a0 Miscellaneous* - 40,000 - ' 40,000 . TOTAL f1, 8'1$, 132 ' I, 4243 3108' ' W32.2.412.: `.1,670, 08' • Costs Fire $1,432,723 $1 ,210,677 . $1,459,157 £1,184,243 White House/ Shannon Maint. 31 ,200 28,000 - ; . 31 ,200 : - 28,000 Park Ma i nt. 273,336 268,788 273,336 ._ 268,788 VCSC 69,600 - - 69,600 - SROP - 106,300 - 106,300 Pquatics Staff 53,046 97,654 53,046 97,654 TOTAL $1 ,859,915 51 711 .419 51 886,339 51 ,684,985 Net Revenue Available After Costs. CS ttli-7-73) ($ 63'051 ) $.S6ic73 C£ l'f,S97 * Sw im CI ubs Rental/School District • Rental • • • • • • • • -DUBLIN SAN AMON SER VIC.S DISTRICT General Offices: 7051 Dublin Boulevard • Dublin, California 94568 • (415) 828-0515 January 9, 1987 RECEIVED 'JAN 121987, City Council . City of Dublin P. 0. Box 2340 Dublin, CA 94568 City Council City of San Ramon 2222 Camino Ramon San Ramon, CA 94583 Dear Councilmembers: At our regular meeting .of January 6, 1987, the District 's Board of Directors publicly considered at length a .draft Memorandum of Understanding dated December 31, 1986. At a special meeting held last. night, the Board authorized transmission to you of the enclosed draft Memorandum of Understanding dated . January .8, 1987, with the recommendation that it be referred to your Liaison Committees. This submittal is in response to your request that we review the draft documents which you sent us last month. This draft memorandum of understanding is for discussion purposes and must not be construed as a final statement of our position. The Board continues to feel that our pro- posal of August 18, 1986, best fulfills the needs of all parties and, more importantly., of our constituents; this . draft represents the Board ' s attempt to acknowledge your concerns and is an effort to bring the matter to a timely resolution. We are hopeful that a meeting of our Liaison Committees will occur very soon to discuss the enclosed document. Further, our full Board is ready to meet jointly with you if you so d- ire. - ry truly urs, • JH: rj HANSE ' President 467417G ard of Directors EXHIBIT District Response to Proposal presented to District Liaison A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA • PROVIDES MUNICIPAL TYPE! Committee o n 12/16/86 ALAMEDA AND CONTRA CO! • DUBLIN SAN. RAMON SERVICES DISTRICT BOARD OF DIRECTORS January 8, 1987 DRAFT MEMORANDUM OF UNDERSTANDING among CITY OF DUBLIN R DUBLIN SAN RAMON SERVICES DISTRICT and CITY OF SAN RAMON District Draft - 1/8/87 This Memorandum of Understanding is entered into this day of , 1987, by the City of Dublin (Dublin) ,' Dublin San Ramon Services District (District) and the City of San Ramon (San Ramon) . The parties mutually agree as follows : GENERAL PROVISIONS 1. Each party will adopt a Resolution approving this Memorandum of Understanding . 2. Contingent upon execution of this Memorandum of Understanding , each party will adopt a Resolution notify- ing the Board of Supervisors of the appropriate County of the District ' s intention to transfer parks, recreation and aquatics services and fire services to Dublin and San Ramon via a Contract for Service Transfer (CST) and requesting each Board of Supervisors to negotiate the transfer of property tax on behalf of the District . a. Dublin and San Ramon will join with District to petition the appropriate LAFCo to certify that execution of the contract will satisfy the November 19, 1984 Sphere of Influence determination for San Ramon and the February 16 , 1984 determination for Dublin/District . -2- District Draft - 1/8/87 b. San Ramon will request Contra Costa County LAFCo to determine a Sphere of Influence. for District • relative to sewer service for District and Tri-Valley Wastewater Authority. 3. . Nothing in this Memorandum of Understanding will preclude the Cities from assuming maintenance responsibil- ity for District park, recreation and aquatics facilities upon agreement with the District prior to the implementa- tion of any of the agreements contained herein, provided • that it is -done at the sole expense of the City assuming that responsibility. FIRE JOINT POWERS AGREEMENT 4. Following adoption of the Resolutions referred to in Paragraphs 1 and 2' above, the parties will develop a Contract for Transfer of Services ' (CST) which shall ' include a lease agreement for parks, recreation and aquatics . services and a Joint Powers Agreement (JPA) for fire services and a utility services agreement for water and sewer. District Draft - 1/8/87 5. The fire JPA will become effective March 1, 1987 and, for the purpose of providing experience and advice to the JPA, shall provide for . District membership for a period of not less than one. (1) calendar year after the transfer of property taxes to Dublin and San Ramon has been effected in accordance with Paragraph. 12 and no earlier than July. 1, 1988. Termination of . District membership shall be effected only by a majority vote of the JPA. 6. The JPA . will consist of five (5) members--two . from each City and one from the District.. 7. The JPA will assume operational responsibility of the District ' s Fire Department on July 1, . 1987. All District budget classification . changes and inter- classification budget transfers for the period of March 1,' . 1987 - June 30, 1987 will be approved by the JPA. JPA will be responsible for employing a new - Fire , Chief by May 1, 1987. 8. After July 1, 1987, the JPA shall continue to levy Fire 'Capital Improvement Fund fees and to fund the Fire Capital Replacement Fund, both in accordance with existing District policy . -4- . District. Draft . - 1/8/87 9. The JPA will provide, effective July 1, 1987, that the District will transfer. all General Fund monies to the Cities. All funds encumbered for fire services, capital, etc. , will be transferred to the ;Cities. The non-District members will assure an , adequate level of funding to maintain at least the existing level of service. 10. No party shall charge any administrative fee. to the JPA for participation. 11. District, through its membership ' in the Livermore-Amador Valley Water Management Agency and the Tri-Valley Wastewater Authority, shall have an ongoing right to utilize the JPA' s Fire Administration Building located at 9399 Fircrest, Lane,, San Ramon, California,. for public meetings of these entities, as well as for District . Committee meetings. 12. One year from such time as the District is notified by the State that.. henceforth allocations will be made directly to Cities, District shall transfer title to JPA of the fixed assets, property , equipment and rolling stock of the fire service. -5- District Draft - 1/8/87 PARKS , RECREATION AND AQUATICS 13. The District agrees to lease the parks and park facilities and fixtures to the Cities, effective March 1, 1987. ' Cities will have total responsibility for mainten- ance, scheduling , fee-setting and park and aquatics capital improvements. At the time of State notification that the transfer of property tax is effected , the parties will negotiate transfer of legal title to all park and aquatics property , buildings, rolling stock, equipment and other related fixed assets_ to Dublin and San Ramon based upon their physical location within each City. For pur- poses of clarification, the District-owned buildings, equipment and grounds located : at 7051 Dublin Boulevard, Dublin, California, shall not be included in the transfer of fixed assets to the Cities . The District and Cities may agree on another method of transferring District equipment that is used at park and aquatics facilities in both Cities. TRANSFER OF REVENUES 14 . All General Fund revenues accrued by the District for the period after March 1, 1987, less amounts retained to satisfy fire budget and appropriate administrative/ • -6- District Draft - 1/8/87 legislative requirements and necessary operating reserve funds, will be transferred upon receipt to the Cities. Cities shall provide District with mutually agreed propor- tion so District can disburse money on such basis. For purposes of clarification, General Fund revenues shall not include inter-fund transfers of either enterprise or ex- pansion funds except the Fire Capital Improvement Fund. On March 1, ;1987, the Distric t. will transfer park dedica- tion fees, Altamont fees, other trust funds pertaining to parks and recreation and all General Fund Reserves on hand with the District as of June , 30, 1986. For purposes of clarification, General Fund Reserves shall not include restricted reserve inter-fund expansion transfers. All inter-fund expansion monies potentially generated in the 1986-87 fiscal year, shall remain with the appropriate District utility fund, except such money as may be neces- sary to eliminate General Fund deficits for the 1986-87 fiscal year.. . IMPROVEMENT DISTRICT NO 1 15. Effective March 1, 1987, Cities shall assume full responsibility and liability for the administration and funding of Valley Community Services District Improvement District No. 1, which was formed in December, 1969, for -7- District Draft = 1/8/87 the sole purpose of financing park and recreation facili- ties within the District. Improvement District No. l ; con- sisted of a $2.3 million general obligation bond issue, and Cities will collect taxes and do all things necessary to fulfill the obligations of said Improvement District. PROPERTY TAX TRANSFER 16. Upon agreement by Counties to property tax trans- fer to the Cities, the District will give notice to the State Board of . Equalization and the Assessor and Auditor of Alameda County and the Assessor ana Auditor of Contra Costa County that the service responsibilities of the Dublin San Ramon Services District and the Cities of Dublin and San Ramon will be altered as set forth above; said notice shall further request the respective Auditors and Assessors to make the determinations required pursuant to Revenue and Taxation Code Sec . 99(b) (1) and (2) . TRANSFER OF PERSONNEL, DEBTS AND LIABILITIES 17. All District 's existing contracts with PERS and. labor organizations will be honored by the Cities or the JPA, as the case may be, and all debts and liabilities of the District will be transferred to the Cities, along with • -8- District Draft - 1/8/87 • the concurrent right or responsibility.. With specific reference to parks; recreation and aquatics services, . Cities shall notify District on or .before February 1, 1987, of their intentions regarding the disposition of the District ' s permanent personnel. Cities and District will negotiate a transfer of Proposition 4 appropriation limi- tations. Cities, as of March 1, 1987, for parks, recrea- tion and aquatics services, and July 1, 1987, for fire services, shall, via lease arrangements and JPA respec- tively , have the "obligation to assume all of District ' s responsibilities relative to such services. With respect to all services assumed by Cities from the District as per this Memorandum of Understanding (MOU) , the Contract (CST) shall provide that the Cities, jointly. and. severally , shall indemnify and hold District harmless from all lia- bilities arising from such services. SEWER AND WATER SERVICES . 18. Sewer and water services will continue to , be pro- vided by the District , it being . recognized that the District ' s wastewater service function is regional and serves other entities within the watershed area. Parties hereby also agree that: -9- r f District Draft - 1/8/87 a.' Parties will negotiate appropriate sewer capacity allocations which shall become an amendment to the Contract for Service Transfer. b . Effective July 1, 1987, or soon thereafter, sewer permits within the City limits and its alloca- tion will be issued by the appropriate City. Cities will individually set surcharge fee they require, if any , to be charged on permits they issue. The District shall retain responsibility for the issuance of sewer permits outside the City limits and within the District' s allocation. The District retains the right , in accordance with its 1978 Agreement with the City of Pleasanton, to levy a connection fee surcharge. c . The Contract (CST) will address the delinea- tion of non-residential permits and fees and penalties for excess flows and will require Cities to cooperate with District by providing statistical information necessary for District rate review and connection fee studies. Cities shall collect and transmit monthly to District the basic connection fee or equivalent charge for each permit issued by them and the relevant des- cription of the property to be served by said connec- tion. Payment shall provide for all private-public -10- District Draft. - 1/8/87 allocations and no permit shall be issued and capacity provided without` collection by City of all fees and remittance of same or equivalent monies to District. Provisions relating to failure to remit such monies shall be addressed in the Contract (CST) . 19. Cities agree that, at such time as the LAFCOs. of both Counties concur with Paragraphs 2.a and 2. b above, no further studies shall be undertaken .regarding sewer and water services provided by District prior to July 1, 1993. This provision does not consitute an obligation by Cities to undertake such studies. ' JUDICIAL AND LEGISLATIVE RELIEF 20. If the Cities and either Alameda or Contra Costa County are unable to reach agreement regarding the 'trans- fer of property tax on or before March 1, 1987, it is agreed that the parties shall file a ' Declaratory Relief or other appropriate action to clarify the provisions of the law related to. the transfer of property taxes and to pur- sue legislative relief to provide for the entire transfer of property tax from the District to the Cities. -11- District Draft - 1/8/87 GOOD FAITH NEGOTIATIONS . 21. The parties agree to negotiate in ,=good faith to enter into the agreements: and contract referred to and contemplated ' herein' and to exercise due diligence and per- form all necessary acts in carrying out their respective . obligations hereunder. REVERSION TO FORMER PROPOSAL 22. In the event of any legal action restraining or preventing. either City or District " from undertaking any actions under the aforementioned Contract (CST) , the Contract (CST) shall be voidable by the party subject to suit. If , for any reason, the Contract (CST) becomes. voidable, ,parties agree to revert to the position delineated . by the District in its August 18, 1986, pro- posal dealing with services to. be provided by contract and lease. Date: Linda Jeffery , Mayor ' CITY OF DUBLIN Date: Jeffrey G. Hansen, President ' DUBLIN SAN RAMON SERVICES DISTRICT Date : John Meakin, Mayor ' CITY OF SAN RAMON •. -12- - This Memorandum of Understanding, dated December 15, . 1986, 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 District and. Cities will adopt a resolution approving this Memorandum of Understanding. 2. The _District and Cities will 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 services to the : . Cities, and requesting each Board of Supervisors to negotiate the transfer of property tax on behalf , of .the District. 3. Following' adoption of the resolutions referred to in Paragraphs :1 and 2, the :District and the Cities will develop two (2). Fire Joint Powers . Agreements, one which includes the District and one which excludes the. District. . The District and the Cities will also develop park and . aquatics facility .lease. agreements between the 'District and each City. ' .4.a. If the Cities. and both Alameda and' Contra Costa Counties reach' .' agreement regarding the transfer of property tax on or- before March 1, 1.987, the' parties agree that the following. actions will be taken: (1). , The District and Cities .will negotiate an- agreement transferring legal title to all park and aquatics property; buildings, . equipment and other related fixed assets to each City upon their physical location within each City. The District and Cities may - agree on another method of transferring District equipment that is .used at park and aquatics facilities in both- Cities. This . agreement will become effective. on March 1, 1987 at. which time . the Cities will assume total responsibility for those. District parks and aquatics facilities .within -each City' s respective' boundaries, as well as all park and recreation responsibilities • presently performed by the District. (2) The Fire JPA which excludes the District will become effective . ' March 1, 1987, .but will NOT assume operational responsibility for- - the Fire Department until July 1, -1987 . All District budget classification changes and interclassification budget transfers . . for the period of March 1,' 1987 to June 30, 1987 will- be subject . 'to approval by the Fire JPA. (3 ) . All General Fund revenues received by the District after March 1, 1987 'less amounts retained to satisfy fire budget' requirements . will -be transferred upon receipt to the' Cities.. On March 1, 1987, the District will transfer -park -dedication fees, Altamont fees, other trust funds pertaining to parks and recreation, and all General..Fund Reserves on ,hand with the District as of June 30, 1986,. to the Cities in proportion as may be . mutually agreed by Cities . . (4) On July 1, 1987, all General Fund revenues and reserves related . to the provision of fire service will be transferred by the District to the Cities . . Those -properties., .buildings, equipment and other fixed assets related to the fire function will be transferred by the District to the new Fire JPA. . "(5) On July 1, 1987, the District will divest itself- of any claim right or responsibility to the park and recreation and fire protection functions, if it has not already done so. ' ,(6) All existing contract with PERS and labor organizations will be ' honored by the Cities • or the JPA, as the ,.case may be -and all debts and liabilities of the District will be transferred to the Cities along with the concurrent right. _or responsibility. Cities and District will negotiate a transfer of Proposition 4 • . appropriation limitations . ' . ' ' (7) Sewer and water services would continue to be provided by the . District in the future with the exception • of the following: • EXHIBIT • 4 Page City of Dublin and .City of San Ramon • •Compromise' Proposal presented 'to District Liaison Committee on . 12/16/86 • • (a) Sewer capacity allocations would be set. by .contract- between. ' • the .Cities and' the• District. (b) Effective July 1, 1987,, or sometime -after, sewer permits. • • will be. issued by the Cities. Cities will individually set - the fees -to be. charged' for sewer permits., . (c) The District would charge each City- for sewer capacity • .associated with the permits used. The District agrees to reduce its charge for sewer permits Which is atrributable to • that permit issuance function, previously performed by the . . District, which is now assumed by the Cities. 4.b. If the Cities .and either Alameda or Contra Costa County are unable to reach agreement regarding the transfer of property tax on or before , March I, 1987, the parties agree that the following actions will be taken: ' (1) The Cities and the District agree to file a Declaratory Relief or other appropriate action to clarify the provisions of the law related to the transfer of property taxes. • (2) The' Cities and -the District agree to .pursue .legislative relief to provide for the entire transfer of property tax from the District to the Cities. ' (3 ) Concurrently with paragraph 4.b. (1) and (2) above, the District agrees to lease the parks and park facilities and fixtures to the • Cities effective March 1, 1987. Cities will have total - responsibility for maintenance, scheduling, fee setting and park capital improvements. • All General Fund revenues received by the • District after March 1, 1987, . less amounts retained to , satisfy. fire budget requirements will be transferred upon receipt to the . " Cities. _ On March 1, 1987, the District will transfer park dedication fees, Altamont fees, other trust funds pertaining to parks and recreation and all General Fund Reserves on hand with the District as of June 30, 1986. (4). The new Fire 'JPA, which includes the District will be 'formed and become operational March 1, 1987. • - (5) The •JPA will consist. of five members - two- from each City and one from the District. • . (6). The JPA will assume operational responsibility :of the District' s Fire Department on July 1, 1987. All District budget ' classification changes and interclassification budget' .transfers for the period of March 1, 198. 7 - June 30, 1987 will be approved by the JPA. . . • (7) TheZPA will provide, effective July 1, 1987, the District will transfer 'all .General Funds to the Cities. All funds encumbered . for 'fire services, capital, etc. , would' be transferred to the JPA. (8) The District will not charge any administrative fee to the JPA . - for participation. • (9) Sewer and water. services would continue to be provided by the District in the future, with the exception of the following: (a) • Sewer capacity allocations would be set by contract between - the Cities and the District. - (b)' Effective July 1, - 1987, or soon thereafter, sewer permits will be issued -by the Cities. Cities will individually set - . • :the fees to be charged for sewer permits. . • (c) The District would charge each City for sewer capacity associated with the permits used. The District. agrees to reduce its charge for sewer permits, .which is attributable to that permit issuance function; previously .performed by • the District, which• is now assumed by the• Cities. . Page 2 • • (10) District will divest itself of any claim, right or responsibility to the park and recreation and fire protection functions including withdrawing from the JPA when assured that the. General Property Tax funds now received by the District will not be distributed in whole or in part to agencies other than the Cities. (11) All existing contracts with PERS and labor organizations will be honored. 5. Nothing in this agreement will preclude the Cities from assuming maintenance responsibility of District park and recreation facilities upon agreement with the District prior to the implementation of any of the above agreements, provided that it is done at the sole expense of the City assuming that responsibility. 6. The Cities and the District agree to negotiate in good faith to enter into the agreements referred to and- contemplated herein and to exercise due diligence in carrying out their respective obligations hereunder. 7. In the event of any legal action restraining or preventing either City or District from undertaking any actions hereunder, this agreement shall be voidable by the party subject to suit. • Mayor, City of Dublin Mayor, City of San Ramon Chairman, Dublin San Ramon Services District ge. 3 a P . . RESOLUTION NO.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN . . RESOLUTION REQUESTING NEGOTIATIONS WITH COUNTY REGARDING DUBLIN-SAN RAMON SERVICES DISTRICT PROPERTY TAX PROCEEDS. Recitals . . WHEREAS , the boundaries of the Dublin-San Ramon Services District ( "District" ) include territory which is also within the boundaries of the City of Dublin and the City of San Ramon; and WHEREAS, the District regularly provides fire protection and suppression services to territory within the boundaries of the District; and. WHEREAS, the District regularly provides park and recreation services and maintains park facilities within the boundaries of the District; and . WHEREAS , the District has been advised that it is the intention of the Cities of Dublin and San Ramon to provide fire protection and suppression services and park and recreation services to the territory within each respective City, which territory is also within the boundaries of the District; and WHEREAS, the District, by resolution, may refrain from providing services which duplicate services regularly provided by a City, pursuant to Government Code § 61626.7 ; and WHEREAS , the City by Resolution No. has approved in concept the transfer of fire protection and suppresssion and park and recreation services from the District to the City; NOW, THEREFORE, the City Council of the City of Dublin does hereby resolve: 1 . When the District refrains from providing fire protection and suppression services to those areas of the District which are within the territorial limits of the City of Dublin, the City shall provide such services through a joint powers agency to be created by the Cities of Dublin and San Ramon, as described in Exhibit A to Resolution No. . When the District refrains from providing park and recreation services to those areas of the . District which are within the territorial limits of the City of Dublin, the City shall provide such services, as described in Exhibit A to Resolution No. 2 . The City Council hereby requests the Board of Supervisors of Alameda County to negotiate an exchange of property tax revenues with the City of Dublin upon the alteration of service responsibility, as set forth in Paragraph 1 hereof, on behalf of the Dublin-San Ramon Services District, pursuant to Revenue and Taxation Code 5 99 (c) . 3 . The City Manager is hereby directed to give notice to the State Board of Equalization and the Assessor and Auditor of Alameda County that the service responsibility of the Dublin-San Ramon Services District and the City of Dublin will be altered as set forth in paragraph 1 of this resolution; said notice shall further request the Auditor and Assessor, to make the . determinations required pursuant to Revenue and Taxation Code § 99 (b) (1 ) and (2) . 4. The provisions of Paragraph 1 hereof shall not be operative until: (a) the Cities of Dublin and San Ramon reach agreement with the Board of Supervisors of the Counties of Alameda and Contra Costa, respectively, pursuant to Revenue and Taxation Code § 99 and such agreement is memorialized by resolution of the respective City Councils and Boards of Supervisors; (b). a .joint powers agency is formed between the Cities of Dublin and. San Ramon to provide fire services; (c) agreement is reached between the District and . the Cities regarding conveyance of the District property and transfer of the accumulated general fund reserve to the cities, and all other matters necessary and proper thereto. PASSED, APPROVED AND ADOPTED this th day of , 1986. AYES: NOES: ABSENT: . Mayor ATTEST: • . City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON RESOLUTION REQUESTING NEGOTIATIONS WITH COUNTY REGARDING DUBLIN-SAN RAMON SERVICES DISTRICT PROPERTY TAX PROCEEDS Recitals WHEREAS, the boundaries of the Dublin-San Ramon Services District ( "District" ) include territory which is also within the boundaries of the City of Dublin and the City of San Ramon; and WHEREAS , the District regularly provides fire protection and suppression services to territory within the boundaries of the District; and WHEREAS , the District regularly provides park and recreation services and maintains park facilities within the boundaries of the District; and WHEREAS , the District has been advised that it is the intention of the Cities of Dublin and San Ramon to provide fire protection and suppression services and park and recreation services to the territory within each respective City, which territory is also within the boundaries of the District; and WHEREAS, the District, by resolution, may refrain from providing services which duplicate services regularly provided by a City, pursuant to Government Code § 61626 . 7 ; and WHEREAS, the City by Resolution No. has approved in concept the transfer of fire protection and suppresssion and park and recreation services from the District to the City; NOW, THEREFORE , the City Council of the City of San Ramon does hereby resolve: 1 . When the District refrains from providing fire protection and suppression services to those areas of the District which are within the territorial limits of the City of San Ramon, the City shall provide such services through a joint powers agency to be created by the Cities of Dublin and San Ramon, as described in Exhibit A to Resolution No. . When the District refrains from providing park and recreation services to those areas of the District which are within the territorial limits of the City of San Ramon, the City shall provide such services, as described in Exhibit A to Resolution No. • 2 . The City Council hereby requests the Board of Supervisors of Contra Costa County to negotiate an exchange of property tax revenues with the City of San Ramon upon the alteration of service responsibility, as set forth in Paragraph 1 hereof , on behalf of the Dublin-San Ramon Services District, pursuant to Revenue and Taxation Code § 99 (c) . 3 . The City Manager is hereby directed to give notice to the State Board of Equalization and the Assessor and Auditor of Contra Costa County that the service responsibility of the Dublin-San Ramon Services District and the City of San Ramon will be altered as set forth in Paragraph 1 of this resolution; said notice shall further request the Auditor and Assessor to make the determinations required pursuant to Revenue and Taxation Code § 99 (b) ( 1 ) and (2 ) . 4. The provisions of Paragraph 1 hereof shall not be operative until: (a) the Cities of Dublin and San. Ramon reach agreement with the Board of Supervisors of the Counties of Alameda. and Contra. Costa, respectively, pursuant to Revenue and Taxation Code S 99 and such agreement is memorialized by resolution of the respective City Councils and Boards of Supervisors; (b) a joint powers agency is formed between the Cities of Dublin and San Ramon to provide fire services; (c) agreement is reached between the District and the Cities regarding conveyance of the District property and . transfer of the accumulated general fund reserve to ,the, 'cities, and all other matters necessary and property thereto. PASSED, APPROVED AND ADOPTED this _th day of 1986. ' AYES: NOES: ABSENT: Mayor ATTEST: City Clerk Recitals WHEREAS, the boundaries of the Dublin-San Ramon Services District ( "District" ) include territory which is also within the boundaries of the City of Dublin and the City of San Ramon; and WHEREAS , the District regularly provides fire protection and suppression services to territory within the boundaries of the District; and WHEREAS , the District regularly provides park and recreation services and maintains park facilities within the boundaries of the District; and WHEREAS , the District has been advised that it is the intention of the Cities of Dublin and San Ramon to provide fire protection and suppression services and park and recreation services to the territory within each respective City, which territory is also within the boundaries of the District; and WHEREAS , the District, by resolution, may refrain from providing services which duplicate services regularly provided by a City, pursuant to Government Code § 61626 .7 ; NOW, THEREFORE, the Board of Directors of the District does hereby resolve: 1 . The District shall refrain from providing fire protection and suppression services and park and recreation services to those areas of the District which are within the territorial limits of the City of Dublin and the City of San Ramon. The District shall transfer all fire protection and suppression facilities, including both real and personal property, to a joint powers agency to be created by the Cities of Dublin and San Ramon. The District shall transfer all park facilities and equipment, both real and personal , to the respective City (Dublin or San Ramon) in which the facility is located. Finally, the District shall transfer all accumulated general fund reserves to the Cities in such proportion as may be proper. 2. The District hereby requests the Board of Supervisors of Alameda County and the Board of Supervisors of Contra Costa County to negotiate an exchange of property tax revenues with the Cities of Dublin and San Ramon, respectively, upon the alteration of service responsibility, as set forth in Paragraph 1 hereof , on behalf of the Dublin-San Ramon Services District, pursuant to Revenue and Taxation Code § 99 (c) . 3. The General Manager is hereby directed to give notice to the State Board of Equalization and the Assessor and Auditor of Alameda County and the Assessor and Auditor of Contra Costa County that the service responsibility of the Dublin-San Ramon Services District and the Cities of Dublin and San Ramon will be altered as set forth in paragraph 1 of this resolution; said notice shall further request the respective Auditors and Assessors to make the determinations required pursuant to Revenue and Taxation Code § 99 (b) ( 1 ) and (2) . 5 4. The provisions of Paragraph 1 hereof shall not be operative until: (a) the Cities of. .Dublin ,and San Ramon reach agreement with the Board of Supervisors of the Counties of Alameda and Contra Costa, respectively, pursuant to Revenue and Taxation Code ' § 99 and such agreement is .memorialized' by resolution of the respective City Councils and Boards of Supervisors; , (b) a joint powers agency is formed between the Cities of Dublin and San Ramon to provide fire services; (c) agreement is reached between the District and the Cities regarding conveyance of the District property and transfer of the accumulated general fund reserve to the cities, and all other matters necessary and proper thereto. PASSED, APPROVED AND ADOPTED this th day of , 1986. AYES: NOES: ABSENT: Chairman ATTEST: Secretary RESOLUTION NO. • A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DUBLIN-SAN RAMON SERVICES DISTRICT 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 on Exhibit A, attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED THAT THE Board of Directors of the Dublin-San Ramon Services District does hereby find that: 1 . The Memorandum of Understanding, attached hereto as Exhibit .A, is hereby approved and ratified and the Chairman is . authorized and directed to sign it. PASSED, APPROVED AND ADOPTED this th day of 1.986 . AYES: NOES: ABSENT: Chairman ATTEST: Secretary RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY: OF SAN RAMON 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 on Exhibit A, attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED THAT THE San Ramon 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. PASSED, APPROVED AND ADOPTED this th day of , 1986. AYES: NOES: . ABSENT: Mayor ATTEST: City Clerk • RESOLUTION NO. 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 on 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. PASSED, APPROVED AND ADOPTED this th day of , 1986. AYES: NOES: ABSENT: Mayor ATTEST: . City Clerk • 8/18/86 DSRSD POSITION 1 . Concern regarding guarantee of funding (tax transfers) via legislative activities. (Possible objectors - counties ( all ) • - other special districts) (Not want to lose any $ to counties) 2 . Operations generally well above standard--"if it is not broke don't fix it. " PROPOSAL General Fund 1. Parks and Recreation a. Revenues to include legitimate 6/30/86 fund balances plus taxes not required for fire. b. Lease DSRSD facilities ($1) . District transfer funds to operate system (via contract) until exhausted and use left over ( from Fire) property tax revenue . c. City decides how and what to operate. d. Inform DSRSD regarding employees' status. e . Cities determine $ split. f. DSRSD turns over park dedication plus 1986 Bond Funds. 2 . a. Set up JPA Dublin 2 votes San Ramon 2 votes DSRSD 3 votes 7 total b. JPA hires new Fire Chief. c. District contributes balance of property tax plus minor miscellaneous revenues. d. JPA Contracts back with DSRSD to operate Fire Dept. to level determined by Cities with standardized ordinances . e . District has minimal general fund staff regarding accounting, payroll, etc. 5„.„ 8/18/86 f. Cities remain contract cities with 4-3 over JPA. 4g. Pension obligations not upset. h. Appropriate funds (capital, etc. ) transferred to JPA. i JPA (via SR) applies to annex SRVFPD and brings this area into JPA with negotiated funding. Summary Above takes care of 6/30/86, fund balances (except ' restricted) and allocates all property taxes per Cities "full General Fund" takeover intent. 3. Sewer/Water a. Negotiate capacity allocation per DSRSD past inquiries. b. No change to basic delivery system .(DSRSD full . control) . c. Respond to Cities other issues(?) . d. End transfer of expansion fund % (effective 7/1/86 ) to General Fund--remain with Sewer Funds. . e. Transfer minimal amount of Enterprise interfund to cover accounting, etc. Balance stays with Sewer/Water for overhead. 4 . Memorialize master agreement to eliminate downstream continued hassles. 5. DSRSD. "consider" full general .fund transfer when funding guaranteed and employee issues resolved. • • • • NAVE & SILVER . ATTORNEYS AT LAW • OAKLAND OFFICE MICHAEL R NAVE - 4014 LAKESHORE AVENUE . ELIZABETH H.SILVER 1 1220 HOWARD'AVENUE.SUITE 250 OAKLAND.CALIFORNIA 94610 • • P.O. BOX 208 • TELEPHONE: 4)5I 420-7855 BURLINGAME. CALIFORNIA - 94011-0208 REPLY TO Oakland (415) 348.7130 - • — — . . MEMORANDUM TO Richard Ambrose , City Manager DATE: 5/14/86 • 5/14/86 ° Elizabeth H. Silver, Assistant City Attorney RE: Dublin-San Ramon Services District ' • On May 14 I met with Byron Athan, Gladys Houston and Dennis Graves ,.. counsel, for Alameda County and Contra Costa County LAFC0 ' s respectively . They helped clarify the process for • dissolution of DSRSD. The dissolution of DSRSD would go through the Alameda County LAFCO as . a "change of, organization" or,. possibly, ' a "reorganization"; if a new district were formed for the unincorporated areas or to provide fewer services than • presently provided . In either case agreement between the Boards of Supervisors of Alameda County and Contra Costa County and the cities of Dublin and San Ramon must be reached on the exchange of property tax revenues and unanimous consent of the DSRSD Board of Directors must be obtained or an election must be • held in the DSRSD service area with a majority voting in favor of dissolution. An alternative to an election or unanimouse consent of the DSRSD Board would be special legislation allowing LAFCO to approve the transfer of a service from DSRSD to the city . Whether this is at all likely is quite speculative. The hurdles which Dublin faces if it pushes for dissolution are (1) agreement on the tax split , (2) LAFCO approval, and (3) unanimous consent of DSRSD ' s Board or a successful election. Both Dennis Graves and Gladys Houston emphasized • the importance of early contact with the LAFCO Executive Director and a well-researched proposal for transfer of -• assets , employees -and bonded indebtedness . , y r Elizabeth Silver EHS/cda cc : Byron Athan Fin.:7 13 77) wrr - „ r eN,q ,L(1 ckl ."L-../.7 NAVE & SILVER ATTORNEYS AT LAW OAKLAND OFFICE: MICHAEL R.NAVE '-. - -- 4014 LAKESHORE AVENUE ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 OAKLAND.CALIFORNIA 94610 P.O. BOX 208 TELEPHONE:1415)420.7855 BURLINGAME. CALIFORNIA 940 11.0208 REPLY TO Oakland (415) 348-7130 MEMORANDUM TO: Richard Ambrose, City Manager DATE : 4/10/86 FROM: Elizabeth H. Silver, Assistant City. Attorney RE: Dublin-San Ramon Services District Several questions were raised at our meeting on April 3 , 1986 . 1 . What is the process for division of tax proceeds if DSRSD were to be dissolved. The process is virtually identical to the process for transfer of service functions as outlined in my memorandum to you of February 24, 1986. Dissolution of a community services district is a "change of organization" under Government Code § 56021 . Under Revenue and Taxation Code § 95 a "change of organization" is considered a "jurisdictional change" and hence Revenue and Taxation Code § 99 is applicable. That section provides that upon the initiation of proceedings for a "change of organization" with LAFCO and prior to the LAFCO executive officer issuing a certificate of filing , which commences the LAFCO proceedings, the executive officer shall give notice to the county auditor and assessor who are then required to provide information related to assessed valuations, tax rate areas, estimate: of revenues and amount attributable to each agency. Revenue and Taxation Code § 99 (b) . This information shall be provided to each affected local agency within 45 days. Revenue and Taxation Code § 99 (b) (1) (B) (3 ) . The local agencies shall then commence negotiations to determine the amount of property tax revenues to be exchanged;• these negotiations are to be completed within 30 days. Revenue and Taxation Code § 99 (b) (1) (B) ( 4 ) . Where the "jurisdictional change" would affect the service area of a special district, the board of supervisors of the county or counties in which the district is located shall negotiate on behalf of the district. Hence, both the Alameda County and Contra Costa County Boards of Supervisors would negotiate with the Cities of Dublin and San Ramon in the case of a total dissolution. The LAFCO proceedings for a "change of organization" ( i. e. , district dissolution) cannot proceed until there is agreement on the exchange of property tax revenues. Revenue and Taxation Code § 99(b) (6 ) . Richard Ambrose, City Manager Dublin-San Ramon Services District 4/10/86 Page 2 My conclusion is that there are no legal requirements as to the . method of determining the exchange of property tax revenues. It is exclusively a matter for negotiation between the cities and the counties. 2. What is the process for dissolution of DSRSD? DSRSD is a community services district formed pursuant to state law. Government Code . S 61000 et seq. The provisions in the Community Services District Law relating to dissolution of. community services districts were deleted in 1965 (former Government Code §S 61850 to 61881 ) . The Cortese/Knox Local Government Reorganization Act of 1985 (the "Act" ) (Government Code § 56000 et seq. ) now provides the procedure for dissolution of DSRSD. Dissolution of a community services district is considered a "change of organization" under the Act. 1 Government Code § 56021 . Under Government Code § 56800 the legislative body of. any "affected local agency" (which would include the counties, the Cities of Dublin and San Ramon and DSRSD) can institute proceedings for a change or organization: Government Code §S 56800 and ,56014. The proceedings would be filed with the LAFCO of the "principal county", unless .both LAFCOs- agree otherwise. Government Code SS 56387, 56388. "Principal county" is the county . having the greater portion of the entire assessed value of taxable property in the district as shown , on the last equalized assessment roll. Government Code S 56066. Thus, proceedings could be instituted by the Board of Supervisors, of Alameda or Contra Costa counties, the City Councils of Dublin or San Ramon or the Board of Directors of DSRSD itself. The proceedings would be instituted with the Alameda. County LAFCO, the county with the higher assessed valuation. 1/ IF' DSRSD were dissolved it might be necessary to form a district to provide services in the unincorporated area formerly within DSRSD. This would then be considered a "reorganization" under § 56073. The procedures, would not change.. Richard Ambrose, City Manager Dublin-San Ramon Services District 4/1.0/86 Page 3 The LAFCO Executive- Director cannot file a. proposal for a change of organization until agreement has been. reached on the division of tax. proceeds. Revenue and Taxation Code "§ 99. After agreement on the exchange of tax proceeds (See discussion. above, paragraph 1 ) , the proposal for a change of organization. ( i.e. , dissolution of DSRSD) is filed. LAFCO must then hold a' public -hearing within 90 days. Government .Code S 56828. Notice is required to be given and the hearing may be continued 'for not more than 70 days. Government Code § 56840. Factors to be considered by LAFCO are set forth . in Government Code - § 56841 . A "change of organization" may be made subject to one or more terms and conditions set forth . in SS 56843 and 56844. After the hearing LAFCO must adopt a "resolution making determinations" either approving or disapproving the proposal, with or without conditions.- Government Code, § 56851 , § 5684.4. If the proposal for a change of organization is approved by LAFCO, the board of supervisors of the "principal county" must' -initiate proceedings for dissolution. Government Code. § 57025. The resolution must contain certain information, including the reasons for the proposed dissolution and the terms thereof. Government Code § 57026. The resolution must fix a date for a public hearing on the proposed dissolution which can be continued`. not to ex ceed 60 days from the date specified. Government Code § 57050 . Notice of the hearing is given by the "county clerk by publication, posting and mail. Government Code § 56025. At the hearing the board of supervisors hears all protests and objections. Government Code § 57050. The board of supervisors must reach a decision withn 30 days. Government Code § 57077. If it approves the dissolution, it may do so with or without an election. The board must make one or more of the findings specified in § 57083. The only applicable finding in this situation' is that the board of directors of the. district to be dissolved has unanimously consented to dissolution. If the board of supervisors can make the required finding and orders the district dissolved , it shall include all terms and conditions in the resolution ,ordering dissolution. 44MElizaoeth H. Silver EHS/cda cc: James Robinson Byron D. Athan • Reno Alan C. Davis 4 1 Courtney Duane W.Reno Vincent J.Courtney,Jr. ATTORNEYS AT LAW Jeffrey A.Dinkin 90 New Montga*nery St.., Ste. 909 Colleen C.Hammer January 26, 1987 San Francisco,CA 94105 Susanne Lewald Clerc Daniel J.Smith (415)543-1900=400)643-1900 City Council of the City of Dublin 6500 Dublin Blvd: P.O. Box 2340 Dublin, CA 94568 Re: Proposals for Transfer of- Fire Protection Services Dear Council Members: We represent Local 1885 of the International. Association of Fire Fighters. For several months Local 1885 has been following newspaper reports of various proposals for the transfer of 'fire protection services . presently performed by the employees of 'the. Dublin San Ramon Services District who are members of Local 1885 to one or more other governmental agencies, including the cities of Dublin and San Ramon. Recent newspaper articles on this subject have stated that a "draft agreement" for such a transfer is now being circulated for comment. In light of the fact that any such transfer of services will directly affect the continued employment of its members, Local 1885 " requests at this time that it be made 'a participant in the discussions of this matter before any final decisions are reached." Local 1885 has not taken any position with regard to the various proposals that have previously been discussed and may well decide, after it has been given the opportunity to review, and comment upon the "draft agreement, " that it will support the adoption of that agreement. It may also be, however, that some of the provisions in that agreement will be objectionable to Local 1885. We hope you, agree that it would be in the best interests of everyone concerned if Local 1885 were made a participant in the current discussions of the "draft agreement" and permitted to express its views on any and all provisions that will affect the wages, hours,` and other terms and conditions of employment of its members before a final decision is made on that agreement. Very truly yours, /Cil r ± Duane W. Reno cc: Chris Hampel, President, Local 1885 r.:47 3117.0...)17 Paul Ryan, General Manager, DSRSD lh 000111�'y i sz CITY OF DUBLIN ��LIFR�� P.O. Box 2340 DUBLIN, CALIFORNIA 94568 • CITY OFFICES 6500 DUBLIN BLVD. February 10, 19 87 . t e ADMINISTRATION Duane W. Reno 829-4600 • Davis, Reno & Courtney Attorneys at Law BUILDING INSPECTION 19 New Montgomery Street, Suite 909 829-0822 San Francisco, CA 94105 Subject: Letter of January 26, 1987 - DSRSD Fire CITY COUNCIL Protection Services 829-4600 Dear Mr . Reno : CODE ENFORCEMENT 829-0822 Thank you for your letter of January 26, 1987 regarding the proposal that is presently being discussed by the Cities of San Ramon and Dublin and the Dublin San Ramon Services ENGINEERING District to transfer Fire Protection Services to a Joint 829-4927 Powers Authority. We understand the concerns that the members . of Local 1885 of the International Association of Firefighters FINANCE might have regarding the various accounts being circulated 829-6226 with respect to Fire Protection Services . In your letter, you make reference to a Draft Agreement. At PLANNING this time, there is no Draft Agreement which all three 829-4916 • agencies have concurred to in concept. In addition, in all discussions regarding the transfer of Fire Services to a Joint POLICE Powers Authority, all agencies have discussed the importance 829-0566 of honoring existing contracts with Fire Service- employees . • Therefore, it is our view that since at this time the ' PUBLIC WORKS discussions which are taking place will not affect the wages, 829-4927 • hours or other terms and conditions of employment of the members of Local 1885, we do not believe it to be appropriate for Local 1885 to participate in the negotiations which are RECREATION presently taking place. 829-4932 If this situation changes , we will be certain to apprise the members of Local 1885 . • • Sincerely, Richard C. Ambrose RCA:kk City Manager A • cc : Jim Robinson, San Ramon City Manager Paul Ryan, DSRSD General Manager Chris Hampel, Local 1885 President • t, a `