The URL can be used to link to this page

Home My WebLink About4.3 Revise MOU Dublin/DSRSD/San Ramon • CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 28, 1988 SUBJECT Revision to . Memorandum of Understanding regarding transfer of service responsibility among the City of Dublin, Dublin San Ramon Services District, and the City of San Ramon EXHIBITS ATTACHED Draft Resolution; July 15, 1987 Memorandum of Understanding with modification; Letter dated October 5, 1988 from Joe Covello, President, Board of Directors, Dublin San Ramon Services District . RECOMMENDATION Adopt Resolution approving revision to Memorandum of Understanding and authorize Mayor to execute said modification. FINANCIAL STATEMENT: None. DESCRIPTION On July 15, 1987 .a Memorandum of Understanding (MOU) between the City of Dublin, Dublin San Ramon Services District, and the City of San Ramon became effective for the purpose of transferring responsibility for fire and parks and recreation services to the Cities of Dublin and San Ramon. Within the framework of the MOU, provision was made for the phased transfer of services as well as assets and liabilities from the District to. the Cities. Specifically, Paragraph 3 of the Memorandum of Understanding provided that the parks and recreation facilities and service responsibility would be transferred to the Cities' at such time that the Boards of Supervisors in both Alameda and Contra Costa County approved the transfer of property tax from the District to the Cities . This Paragraph also authorized the transfer of General Fund Revenues, Trusts and Reserve Funds, less those funds necessary for the District to pay for Fire and appropriate Administrative and Legistrative requirements between the time that the property tax transfer was approved and the date the Cities assumed responsibility for the Fire Service through the Joint Powers Authority. Since the Cities and the District, subsequently, agreed not to phase the transition and provide for the complete transfer of all services on "Effective Date C" in the agreement, a portion of Paragraph 3A(5) does not seem to be appropriate and within the intent of the original MOU. Specifically, the Dublin San Ramon Services District has requested that the Cities of Dublin and San Ramon and the District modify Paragraph 3A(5) by eliminating the reference to enterprise funds in this .paragraph. Since these funds were legitimately closed out to General Fund Reserves at the end of Fiscal Year 1987-88, they should remain part of the General Fund Reserves transferred to the Cities for Fiscal Year 1987-88. The Dublin San Ramon Services` District has specifically requested that the Cities delete the words "either enterprise or" so that there i"s no question that the District has the responsibility to include in the transfer General Fund Reserves those interfund transfers of enterprise funds made during Fiscal Year 1987- 88 to the General Fund. It is Staff' s recommendation ,that the City Council adopted the attached resolution authorizing the Mayor to execute the requested modification. I COPIES TO: ITEM NO. `1' RESOLUTION NO. 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** AMENDING THE MEMORANDUM OF UNDERSTANDING DATED JULY 15, 1987 REGARDING TRANSFER OF SERVICE RESPONSIBILITY AMONG CITY OF DUBLIN, DUBLIN SAN RAMON SERVICES DISTRICT, AND CITY OF SAN RAMON WHEREAS, the Dublin San Ramon Services District ("DISTRICT") and Cities of Dublin, and San Ramon ("CITIES") entered into a Memorandum of Understanding dated July 15, 1987 regarding the transfer of service responsibility from the "DISTRICT" to the "CITIES" of the Parks and Recreation and Fire Services; and WHEREAS, the "DISTRICT" has requested a modification to the Memorandum of Understanding in order to clarify the provisions of Paragraph 3A(5) as it relates to interfund transfers of enterprise funds during Fiscal Year 1987-88; and. WHEREAS, the City of Dublin has reviewed the "DISTRICT"'s request and concurs with the need to clarify the provisions of this paragraph. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorizes the modification of the Memorandum of Understanding and authorizes the Mayor to execute said modification. PASSED, APPROVED AND ADOPTED this 28th day of November, 1988. AYES: NOES ABSENT: Mayor ATTEST: City Clerk 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 /S , 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: a. "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. b. "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 1 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. ' 2 . 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 2 entitlements of the DISTRICT to the respective CITIES. . 3 . 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 cithetelricc-ems 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. 4 . 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 4 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. b. 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. c. 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. d. 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. e. Each CITY shall convey. the assets described in subsections 4a, 4b, 4c and 4d to the FIRE JPA in 5 - 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. 6 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 Signatures On Following Page 7 e �J Dated: 7/9/67 pproved -s to Form• 41011L-e/ a....,r� M- •r, City of/%u• -, n 4 City Attorney Dated: r7/( 727 / / Approved as to Form: 4 .. i - ;for, City of San Ramon Ci y Attorney Dated: 7/./VO Approved as to Form: Ata 111,97 , Dubl 1 Sa # Ramon Services D. -trict ttorney for District 8 S311Nf100 V1SO3 VH1NOO ONV VO3WV1V SA311VA NOWVH NYS ONV 31:10WH3AIl•H0OVWV dO SN3ZI11O di S301AH3S 3dA1 IVdIOINf1W S30IAOHd•VINHOdI1VO dO 31V1S 3H1 dO NOISIAIOSf1S lV011llOd V ssogoa.TO Jo Paso .uapTsasd '0113A00 Hd3S Cs •OC ' ATasa3UTS •spunj asay. ,4o sa,.Jsuezl aol a.ep ay. 6uTpuagxa uT Asa.snoo anoA a.eToaadde am • pa.sanbas sT quawAed TeuTj jo gdTaoas Jo quawabpaTMOUmoy .now ayq Jo suoT.Tpuoo pus swsal ayq sapun suotge6TTgo s1 .OTagSTa ayq jo .uawAed TeUTj ay. s.uasasdas >oayo sTyl. 'paged -TOT.ue ATTeuT6Tao ueyq aoueTeq yseo say6Ty a pue a.eWT.sa Teur6Tao ayq uT soj pa.un000e qou senuanas xe. A.sadosd jo .draoas quanbasgns ' souTy. aaygo 6uowe ' oq anp uoTgaeCoad snoTAasd ayq. spaaoxa ATTeTque.sgns pa..Twaa qunowe ayl .now ay. Jo STTe.ap ayq no 6uTTTads quaunoop e .jeap oq sAauzo..e ay. jo .zed ay. uo asnTTeJ ay. o. -anp uoT.nTosaa B yons .dope oq Aaessaoau SEM .T .TaJ pseog ayl •saT.To ayq O . paaaaJsuesq uaaq aney spunj esayl •.ua.uT ay. qou SEM yoTyM 'saJsueaq ayq woal spun) esTad - -saqua uTelaao Jo uoTsnToxa ageoTpuT ,O. saeadde 6uTpzoM quasasd ay! .spunj asTSdaaqua Jo saJsueaq 6uTUSaouoo" ' e•.£ uoT.oaS oq uoTgoassoo B TBTlTUT oq asngnj Beau ay. uT .aaw TTTM flow ayq oq saTgsed aaayq ayq jo sanTgequasazdaz .eyg sgoadxe paeog ayi •aAZasas uT spunj 3TIT0ads Jo saJsuesq ayq oq sageTaa .T Se . 'L96T' 'ST ATnc pep 6uTpue.ssapufl Jo WnpUeaoWaw .ayq 6UTAJTaeTo uoTgnTosam B .dope pue squTOd MaJ B XJTLBT3 O . pseog ano .Twsad o. SEM saTTaea .ues qou SEM >joayo ayq uoseas- ayq ..ey. asosgwy paeyoTl paTJTgou ueAj Tned )1aaM gSel "•8861 '83 aunC Jo quawaaz6e Agaed -aaayq ayq Jo swsaq ay. "aapun anp spunj .oTa.sTa 6uTuTewaa ayq .Jo aaeys" s1A.To snoA s.uesasdaz yoTyM '03'9170'1L9$ JO .Unowe ayq'.UT >joayo 43T14STO a ST pasoTou3 :epuT1 sea0 995176 Ha 'uTTgna OVCZ xog '0 •d UTTgno dO A4T3 aoAe1 ' AsaJJaC epuT1 aTgeaouoH ayl wnana do AD • 8861 g 100 a3A13O3?i 886T S sagogoo u * * a3L13AI13a-aNHH * *. * ....MY-839 %9147i • 895176 eiwo4Ile0 `uilgna . paeAejnog uilgna L9OL"" :.9901110-le.ieue0 1�IH1sIaV S 1I/1113S NOWVki :TVSY, 3