HomeMy WebLinkAboutCC Reso 2021-21 - Support of UVFD Application for Annexation & Amendment of SOI RESOLUTION NO. 2021-21
RESOLUTION BY THE CITY OF UKIAH IN SUPPORT OF THE UKIAH VALLEY FIRE
PROTECTION DISTRICT'S APPLICATION TO INITIATE PROCEEDINGS FOR THE
ANNEXATION OF THE CITY OF UKIAH AND TO INTITIATE PROCEEDINGS TO AMEND THE
FIRE PROTECTION DISTRICT'S SPHERE OF INFLUENCE TO INCLUDE THE CITY OF UKIAH
WHEREAS:
1. The Ukiah Valley Fire Protection District ("District") and the City of Ukiah ("City") began the
process of consolidating the management and delivery of fire prevention and protection
services (collectively "Fire Services") within their respective jurisdictions in 2017 by entering
and operating under an Agreemenmt for Shared Management of Fire Departments ("2017
JPA"), dated July 1, 2017; and
2. Pursuant to the 2017 JPA, the City and the District consolidated the provision of Fire Services
under the name "Ukiah Valley Fire Authority" by (1) sharing the use of District fire stations, (2)
making all fire protection personnel City employees, (3) combining the fire fighting equipment
and assets of the City and the District to provide Fire Services to the City and District under
one unified command structure, headed by a Fire Chief, serving both the City and the District;
(4) reducing District costs and taking advantage of economies of scale by having the City
provide the District with financial and general services, including accounts payable,
procurement, billing and accounts receivable, general accounting and reporting, budget
development and monitoring, human resources and clerical services as requested by the
District; and (5) creating an Executive Committee, consisting of two City Council members and
two District Board members, to coordinate decision-making by the governing bodies of the
City and the District; and
3. Under the 2017 JPA, upon the recommendation of the Executive Committee the City Council
and District Board of Directors adopt an annual budget for the combined operations of the
Ukiah Valley Fire Authority with the understanding that the annual shared costs of operation
should be shared equally by the District and the City; and
4. The District's revenues consist exclusively of its share of property taxes imposed on property
within the District as determined by Division 1, Part 0.5, Chapter 6, beginning with Section 50
of the Revenue and Taxation Code and two special taxes adopted by 2/3 of District voters as
Measures J and B (collectively, "Measures J and B"); and
5. Subject to the lawful approval of the voters within the Fire District, the Fire District Board
adopted Resolution 97-1 on February 12, 1997, and adopted Ordinance 97-1, on March 12,
1997, ("Measure J") which imposed a special tax of $50.00 per identified unit upon certain
parcles of property based on that parcel's use; provided however, that in the event a subject
property has more than one actual use, only the single highest and best use of the property be
subject to the special tax.
6. The Fire District Board held a public hearing on another special tax on June 11, 2003
("Measure B"). A hearing on Measure B was held on November 4, 2003, and, having been
approved by over 2/3 of District voters, Measure B was imposed and became effective on July
1, 2004. Measure B levies a rate of $10.00 per unit using the unfiorm schedules and rates
found in Section 7 of Ordinance 97-1, calls for Measure B to be collected in the same manner
and subject to the same penalty as, or with, other charges and taxes fixed and collected as
agreed to with Mendocino County, and provides that Measure B shall be levied in addition to
any other tax that the District is authorized by law to collect and receive.
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5. The combined District revenue from property tax and Measures J and B do not produce
enough revenue for the District to pay its full share of the budgeted annual expenses and
required capital expenditures of the Ukiah Valley Fire Authority; and
6. On June 17, 2020, the District and the City entered an Amended and Restated Agreement for
Shared Management of Fire Departments ("2020 Amended JPA"), which only becomes
effective upon annexation of the City by the District; and
7. The 2020 Amended JPA can only be terminated by the mutual agreement of both the City and
the District. Accordingly, neither party can terminate the 2020 Amended JPA unless both
parties agree that termination will not prejudice the ability of the parties to provide fire
prevention and protection services after the agreement is terminated; and
8. Health and Safety Code ("HSC") § 13810 expressly authorizes the District to annex territory
within the boundaries of the City; and
9. In 2005 the City voters approved Advisory Measure T which advises the City Council to use all
the proceeds from the half-cent sales tax enacted by Measure S to fund public safety
services, including police and fire services; and
10. HSC § 13911 empowered the District to levy the special taxes enacted as Measures J and B
pursuant to Government Code § 50075 et seq.; and
11. Under Gov Code §57330 any territory in the City annexed to the District will become subject to
the special taxes previously enacted within the District as Measures J and B; and
12. Annexation of the City by the District will provide necessary additional revenue to the District
to enable it to fund its share of the costs of providing Fire Services through the Ukiah Valley
Fire Authority to its residents and businesses and to enable the District and the City to staff
the Ukiah Valley Fire Authority, make needed capital improvements to the District's fire
stations and facilities, and acquire much needed equipment to effectively provide Fire
Services and to better cope with the increasing risk of emergency; and
13. The District and the City have determined that the District is to serve as lead agency for
purposes of complying with the California Environmental Quality Act ("CEQA"); and
14. The City is not currently within the District's Sphere of Influence ("SOI" ) and therefore, to
effect the Fire Services Annexation, the District's SOI must be amended to include the City
(the "Fire District Sphere Amendment'); and
15. The City desires for the District to initiate the Fire Services Annexation and the Fire Services
Sphere Amendment.
NOW, THEREFORE, the Council of the City of Ukiah does hereby resolve and order as follows:
1. That the current circumstances, including the precarious financial situation of the Ukiah Valley
Fire Authority and the drought affecting water supply outside of the city limits during a time of
increased threat of fire, makes the Fire District Annexation and Fire District Sphere
Amendment a matter of paramount importance to the health and safety of the residents of the
Ukiah Valley.
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2. That, after review of the Fire District's Justification of Proposal to Annex the City of Ukiah (the
"Fire Services Annexation Proposal") the City supports the Fire District's submittal of the Fire
District Annexation Proposal to Mendocino LAFCo,.
3. That, after review of the Fire District's Justification of Proposal to Amend the Fire District's
Sphere of Influence (the "Fire District Sphere Amendment Proposal"), the City supports the
Fire District's submittal of the Fire District Sphere Amendment Proposal to Mendocino LAFCo.
4. The City understands that the Fire Services Annexation Proposal and the Fire District Sphere
Amendment Proposal are made, and requests that proceedings be taken, pursuant to the
Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, commencing with
section 56000 of the California Government Code.
5. A map of the territory proposed to be affected by the Fire District Annexation and the Fire
District Amendment is set forth in Attachment 1, attached hereto and incorporated herein, and
is inhabited, adjacent, and contiguous to the District's boundaries.
6. The City understands that, once approved, the Fire District Annexation Proposal will be
consistent with the District's amended Sphere of Influence.
7. The City requests that approval of the Fire Services Annexation be consistent with the terms
and conditions as set forth in the 2020 Amended JPA, attached hereto as Attachment 2.
8. The City consents to the levying of taxes, including Measures J and B, and to the allocation of
those taxes to the District for those taxes' respective purposes and as will be determined by
the County Auditor pursuant to Revenue and Taxation Code Section 99(b)(2).
9. The City Manager and City staff and agents are hereby directed and authorized to take any
and all actions necessary to support the Fire District in effecting the Fire Services Annexation
and the Fire District Sphere Amendment, and are hereby directed to provide the City Council
with an update on the status of those efforts during the first regular City Council meeting of
every month.
PASSED AND ADOPTED by the Council of the City of Ukiah this 19th day of May 2021 by the
following roll call vote.
AYES: Councilmembers Crane, Rodin, Duenas, Brown, and Mayor Orozco
NOES: None
ABSENT: None
ABSTAIN: None
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Juan Orozco, Mayor
ATTEST:
A. A-Z
Kristine Lawler, City Clerk
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FIRE DISTRICT AND CITY LIMITS ATTACHMENT 1
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