HomeMy WebLinkAbout7.3 DSRSD Reorganization Report 9
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 23, 1987
SUBJECT Report on Reorganization of Dublin San Ramon Services
District
EXHIBITS ATTACHED Draft Memorandum of Understanding dated June 18, 1987;
Draft Resolution approving Memorandum of Under-
standing; Resolution requesting negotiations with
County regarding DSRSD Property Tax Proceeds;
Memorandum from City Manager to City Council dated
April 23, 1987; Memorandum of Understanding approved
in concept by City Council on February 9, 1987;
Minutes of City Council meeting of February 9, 1987
RECOMMENDATION 1 1 ) Adopt Resolution approving Memorandum of
Understanding
2 ) Adopt Resolution requesting negotiations with
County regarding District Property Tax Proceeds
FINANCIAL STATEMENT: To be determined
DESCRIPTION On February 9, 1987, the City Council approved a
Memorandum of Understanding between the City of Dublin, Dublin San Ramon
Services District and City of San Ramon related to the transfer of service
responsibility from the District to the two Cities.
Since that meeting, representatives of the District, San Ramon and Dublin
have met several times in an attempt to work out differences between the
three agencies over the transfer of fire and park responsibilities from the
District to Dublin and San Ramon.
On June 16, 1987, representatives from the three agencies met again and
reached , agreement on a redrafted Memorandum of Understanding between the
three agencies (see attached) .
This Memorandum of Understanding differs from the MOU approved in concept by
the City Council on February 9, 1987 as follows:
1) The District will transfer title to each fire station to the cities in
accordance with their respective geographical locations at such time that
the Fire Joint Powers Authority becomes operational .
2 ) All personal property which is either used for fire protection and
suppression or for parks which is not physically located and customarily
used at each of the facilities will be divided between the Cities equally
based on current market value.
3) Each City will convey the fire assets that it receives from the District
to the Fire JPA. at the same time.
4) The Proposition 4 Appropriation Limitation will be transferred to the
Cities as calculated by the District upon the date that the Fire JPA becomes
operational .
5) One or both Cities may assume park and aquatics maintenance and operation
responsibility from the District prior to the implementation of any actions
contemplated by the Memorandum of Understanding. If one or both Cities
indicate a willingness to assume responsibility for District facilities
within their respective jurisdiction, the District may transfer those monies
it budgets to maintain and operate facilities within the City requesting
responsibility for the facilities. An agreement for such a transfer would
be subject to the prior written approval of the other City.
Dublin' s Liaison Committee is in concurrence with the provisions in the
agreement and believe that it is a workable compromise. -
It is the Committee 's recommendation that this revised Memorandum of
Understanding be approved and the resolution requesting negotiations with
the County regarding the District' s property tax proceeds be adopted.
----------------------------------------------------------------------------
COPIES TO:
ITEM NO.
7*3
06-18-1987
MEMORANDUM OF UNDERSTANDING
Regarding Transfer of Service Responsibility
among
CITY OF DUBLIN, DUBLIN SAN RAMON SERVICES DISTRICT
and
CITY OF SAN RAMON
This Memorandum of Understanding, dated , 1987
is entered into between the Dublin San Ramon Services District
("DISTRICT") , 'the City of Dublin and the City of San Ramon
("CITIES") . The parties mutually agree as follows:
1. The effective dates herein are expressed in the form of
occurrences rather than calendar dates and are defined as fol-
lows:
a. "Effective Date All 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
i
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
either enterprise or expansion funds except the
Fire Capital Improvement Fund. General Fund
reserves shall not include restricted reserve
3
inter-fund utility expansion transfers. All
inter-fund expansion monies potentially generated
in the 1987-88 fiscal year shall remain with the
appropriate DISTRICT utility fund, except such
money as may be necessary to eliminate General
Fund deficits for the 1987-88 fiscal year.
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 3a, 3b, 3c and 3d 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
Dated:
Approved as to Form:
Mayor, City of Dublin
City Attorney
Dated:
Approved as to Form:
Mayor, City of San Ramon
City Attorney
Dated:
Approved as to Form:
President, Dublin San Ramon
Services District
Attorney for District
8
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 in
Exhibit A, attached hereto and incorporated herein by reference;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby find that:
1 . The Memorandum of Understanding, attached hereto as
Exhibit A, is hereby approved and ratified and the Mayor is
authorized and directed to sign it.
PASSED, APPROVED AND ADOPTED this th day of
, 198
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
1
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 § 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 i
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
t
MEMORANDUM
TO: City Council
FROM: Oity Manager
SUBJECT: Dublin San Ramon Services District Liaison
Committee Meeting
DATE: April 23, 1987
On April 13, 1987, representatives from the City of Dublin met
with their respective Liaison Committee members from San Ramon
and the Dublin San Ramon Services District.
The purpose of the meeting was to discuss the last proposal which
the Dublin City Council had adopted several months ago. The
representatives from San Ramon and the DSRSD indicated that
Dublin ' s proposal was acceptable with some minor changes, and if
there was a provision which permitted the City of San Ramon to
contract with DSRSD so that San Ramon could maintain those
District park and recreation facilities located within its City
before final resolution of the property tax negotiations with
Alameda and Contra Costa Counties . It was understood at that
meeting that the City of San Ramon would receive reimbursement
for the maintenance services that it provided to District
facilities based on the amount that the District budgets for
District ' s facilities located within San Ramon. It was further
agreed that this agreement between San Ramon and the District
could not occur without concurrence from the City of Dublin and
an assurance that the District ' s maintenance of Dublin park and
recreation facilities would not be impacted.
The City Attorney' s Office was directed to go back and prepare a
revised Memorandum of Understanding based on the comments of the
elected officials at the last Liaison Committee meeting. It is
my understanding that this Memorandum of Understanding will be
presented to the San Ramon City Council and the Dublin San Ramon
Services District Board of Directors at their next respective
meetings with a positive recommendation from the Liaison
Committees of each entity.
Staff did not place this item on the Dublin City Council agenda
for its meeting of April 27, 1987 since we have not had an
official response from either entity. In anticipation of that
positive response, Staff will place this item on the agenda for
City Council consideration at its next regularly scheduled
meeting on May 11, 1987 .
I have enclosed a copy of the draft agreement for your review.
If you have any questions in the meantime, please feel free to
call .
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 0
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
reach 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 Committee
dated 2/9/$7
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 lanor 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-
(7
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-
Crn. Vonheeder suggested that the City get word out that we are looking for - -
people from various walks of life to serve on the task force.
Cm. Snyder clarified that certain groups would have representation and then
other spots would be open .
City Manager Ambrose felt that from a viability standpoint, a certain number
of votes should be allocated to the City and a certain number to the School
District . He also questioned the total number of people that should be on
the task force.
Crn. Vonheeder felt we should find out how many people are interested before
we decide on a number.
Cm. Hegarty requested that the contract be written so that it could be
cancelled at any time .
City Manager Ambrose clarified the direction of Council and indicated Staff
would advertise the openings and then come back to the Council with the
responses at the second meeting in March. Recreation Director Lowart
indicated she could identify certain groups and make contact right away +
advertise in the newspapers that we are interested in formning the task force.
Staff recommended and Council concurred that before the task force begins to
study the issue, the following assurances need to be received that the Amnador
Valley Unified Kigh School District Board of Directors : _ ) supports the
establishment of the Task_ Force; 2 ) commits to sharing in the costs
associated with the study; 3 ) maintains the current level of District funding
for Dublin High School improvements and facilities ; 4 ) develop . a Joint Use
Agreement whereby the City has first priority for use of school facilities
when the school is not using them.
LIAISON COMMITTEE REPORT ON REORGANIZATION
OF THE DUBLIN SAN RAMON SERVICES DISTRICT
The City Council last discussed the issue of the reorganization of DSRSD on
November 24, 1486 . 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 .
***************************************************************************
CM-5-51
Regular Meeting February 9, 1987
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 deter-
mination by the Court, the transfer of fire and park services would occur;
if riot, the San Ramon proposal could be implemented.
It was the City Council ' s direction at that meeting that the Liaison
Committee meet with the Sari Ramor. Liaison Committee to resolve the
differences between the Dublin Liaison Committee proposal and the San Ramon
Liaison Committee proposal . The Council also indicated that if the situa-
tion 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 basically outlined in a
Draft Memorandum of Understanding presented as Exhibit 1 .
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 Rarnon and Dublin and submitted a Memorandum of
Understanding to the City. In .reviewing this riemorandum of Understanding
proposed by thle 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 . r
Therefore, the Liaison Co-,uaittee recoramended that the City Council consider
the Memorandum of Understanding which has been prepared by the City
Attorney ' s Office and which would facilitate the earlier Liaison CoLTduittee
recommendation to the Dublin City Council .
Mayor Jeffery passed out information related to the Liaison Committee ' s
stands on the various issues .
City Manager Ambrose indicated that he and Jim Robinson, City Manager of San
Ramon had been asked to participate on a selection panel for the selection of
a Fire Chief to replace retiring Phil Phillips . The Council agreed that it
was appropriate for Mr. A,-,brose to serve on this panel .
Cm. Vonheeder felt we should deal with the issues in terms of the funds .
With regard to the JPA, Cm. Moffatt questioned what about putting in a suns`t
clause into the agreement . Cm. Snyder felt that if the District doesn 't have
financial or liability responsibilities, they shouldn 't have a voice .
Mayor Jeffery felt that if we now develop a JPA for fire services, we should
only deal between the 2 cities , as there is no need to include the District .
CM-5-52
Regular Meeting February 9, 1987
Cm. Hegarty felt the Cities need some legislation from Sacramento. We should
get in touch with Senator Lockyer and Assemblyman Baker to pass legislation _
that states that when a city takes over the services provided by a special
district, the dollars automatically go to the. city.
Cm. Vonheeder stated that if they could agree to a 2 City JPA for fire, then
maybe we could give them some assurance that we would not go after water and
sewer until 1993 .
Cm. Snyder did not feel that this Council could make a decision for a future
Council .
Mayor Jeffery felt the issue boiled down to the fact that the District does
not trust the Cities ' ability to run a fire department as they have never
done i-E--before .
Cm. Vonheeder reminded that we had never run a City before either.
The DSRSD Board is used to managing, whereas the Councils of both Dublin and
San Ramon set policy and have their staffs manage.
Rick Wendling questioned if there was some way that DSRSD has a mandate that
can be revoked by a referendum. Fie questioned if the voters could vote for
dissolution as their Board will never relinquish power.
Ct-,i. Vonheeder stated she was frustrated with this issue and felt that if we
agree to totally stay out of sewer and water, then they should stay out of
park and recreation and fire, including the fire JPA.
Assistant City Attorney Silver stated that when a service is transferred,
there must be an agreement regarding the transfer of the property tax. T!ae
negotiations would be between the City and the County, but DSRSD has to be a
willing party and the request has to be from them. We could petition LAFCO
for proceedings to dissolve DSRSD, but we must first negotiate the property
tax issue . We could also seek an amendment to State Law.
Cm. Vonheeder stated that this issue has gone on long enough and we should
resolve or dissolve .
The public can take , this into their hands and demand that something be done . .
They can voice these demands at DSRSD ' s meetings .
On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote,
the Council adopted in concept, a 4 page Memorandum of Understanding as
Dublin ' s current position and directed that this P-MOU be forwarded to San
Ramon with a request for their concurrence . Also to be included are 2
resolutions, one approving the MOU regarding the transfer of service
responsibility relating to fire protection and suppression and ;park and
recreation, and one requesting negotiations with County regarding Dublin San
Ramon Services District property tax proceeds .
On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote,
the Council directed that Staff send a letter to the International
Association of Firefighters Local 1885 indicating that since the discussions
CM-5-53
Regular Meeting February 9, "1987
currently taking place do not affect the wages, hours or other terms and _ . .
conditions of employment of the members of Local 1885, we do not believe it
to be appropriate for them to participate in the negotiations .
The Council also directed Staff to notify DSRSD that the City of Dublin will
not be responding to their Aquatics RFP.
OTHER BUSINESS
Community TV Studio at Dublin Civic Center
Cm. He.garty questioned if Staff had contacted Lee Horner regarding the
Community TV studio issue . Staff advised that a report would be made at the
February 12th meeting.
Freeway Call Boxes
Cm. Vonheeder requested that a program is underway which would add $1 . 00 to
every DMV registration and this money would go toward placing SAFE call boxes
every 1/4 mile on freeways . The program would be countywide and must have
agreement from every city in a county. Cm. Vonheeder requested that this
item be placed on a future agenda for discussion by the Council .
Upcoming Meeting Reminder
City Manager Ambrose reminded the Council that Adjourned Regular Meetings
were being held the following evening at Shannon Center and Thursday evening
at the Library. The Tuesday meeting will be for contract services review and
the Thursday meeting will deal with the Architect's Agreement for the Civic
Center, a status report on the 1986 Goals & Objectives and establishment of
the 1987 Goals & Objectives .
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 10 : 46 p.m.
yty 411
ATTEST: a&- C.
City rk
CM-5-54
Regular Meeting February 9, 1987