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HomeMy WebLinkAbout2021-09-21 Packet - Special Joint UVFD MtgPage 1 of 1 City Council & Ukiah Valley Fire District Special Meeting AGENDA City Council and Ukiah Valley Fire District Joint Meeting Register for Ukiah City Council & Fire District Special Meeting at: https://attendee.gotowebinar.com/register/6653488325137117963 After registering, you will receive a confirmation email containing information about joining the webinar. Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. September 21, 2021 - 6:30 PM 1. ROLL CALL AND PLEDGE OF ALLEGIANCE 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 3. NEW BUSINESS 3.a. Consideration and Adoption of City and District Resolutions Agreeing to the Allocation of Property Taxes and Ukiah Valley Fire Protection District Parcel Taxes upon the Annexation of the City of Ukiah by the Ukiah Valley Fire Protection District Recommended Action: Adopt Resolutions agreeing to the allocation of property taxes and Ukiah Valley Fire Protection District parcel taxes upon the annexation of the City of Ukiah by the Ukiah Valley Fire Protection District Attachments: None 4. ADJOURNMENT Please be advised that the City/District needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City/District complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council / Fire District after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Kristine Lawler, CMC/City Clerk Dated: 9/20/21 Page 1 of 44 Page 1 of 1 Agenda Item No: 3.a. MEETING DATE/TIME: 9/21/2021 ITEM NO: 2021-1072 AGENDA SUMMARY REPORT SUBJECT: Consideration and Adoption of City and District Resolutions Agreeing to the Allocation of Property Taxes and Ukiah Valley Fire Protection District Parcel Taxes upon the Annexation of the City of Ukiah by the Ukiah Valley Fire Protection District DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: ATTACHMENTS: 1. City Tax share agreement resolutionFInalALT(1) with EXs 2. District Tax share agreement resolutionFinalALT(1) with EXs Summary: Background: Discussion: Recommended Action: Adopt Resolutions agreeing to the allocation of property taxes and Ukiah Valley Fire Protection District parcel taxes upon the annexation of the City of Ukiah by the Ukiah Valley Fire Protection District BUDGET AMENDMENT REQUIRED: CURRENT BUDGET AMOUNT: PROPOSED BUDGET AMOUNT: FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Page 2 of 44 1 RESOLUTION NO. 2021- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AGREEING TO THE ALLOCATION OF PROPERTY TAXES AND UKIAH VALLEY FIRE DISTRICT PARCEL TAXES UPON THE ANNEXATION OF THE CITY OF UKIAH BY THE UKIAH VALLEY FIRE DISTRICT. WHEREAS: 1. On May 14, 2021, the City Council of the City of Ukiah (“City”) adopted Resolution No. 2021-21 In Support of the Ukiah Valley Fire Protection District’s Application to Initiate Proceedings for the Annexation of the City of Ukiah and to Initiate Proceedings to Amend the Fire District’s Sphere of Influence to Include the City of Ukiah, a true and correct copy of which is attached hereto as Exhibit A; and 2. On May 18, 2021, the Board of Directors of the Ukiah Valley Fire District (“District”) adopted Resolution No. 2021-04 to Initiate Proceedings for the Annexation of the City of Ukiah and to Initiate Proceedings to Amend the District's Sphere of Influence (“SOI”) to Include the City of Ukiah, a true and correct copy of which is attached hereto as Exhibit B; and 3. On May 19, 2021, the District filed an application (“the Application”) with the Mendocino County Local Agency Formation Commission (“LAFCo”) to amend its SOI to include the City and to annex the City into the District; and 4. Under Revenue and Taxation Code (“R&TC”) Section 99, upon filing the Application, the Executive Officer of LAFCo is required to give notice of the filing to the Mendocino County assessor and auditor specifying each local agency whose service area or responsibility will be altered by the jurisdictional change; and 5. On July 1 , 2021, the Executive Officer gave the required notice to the assessor and auditor; and 6. On or about August 27, 2021, the Executive Officer supplemented the required notice with the list of Assessor’s Parcels Numbers (APNs), as required by the LAFCo application form; and 7. On September 17, 2021, the Assessor completed its preliminary report including the identification of the assessed valuations and the tax rate areas in the City; and 8. Upon receipt of that report, the Auditor commenced the estimated analysis of property tax revenue generated within the City that is the subject of the annexation during the current fiscal year and the allocation factors with respect to the estimated property tax revenue that is subject to a negotiated exchanged between the City and the District; However that report is not yet completed in advance of the meeting at which this resolution has been presented for adoption; and 9. For the reasons set forth in City Council Resolution No. 2021-21 (Exhibit A) and District Resolution No. 2021-04 (Exhibit B), and based on the following findings, the City Council and the District Board of Directors at a joint meeting determined and agreed that they did not need the information from the assessor and auditor to agree that the annexation of the City by the District should not change the allocation of property taxes in the City, finding that: A. Because of the joint provision of fire services within the City and the District under the JPA there will not be a significant change in service responsibility between the City and the District as result of the annexation. Page 3 of 44 2 B . The JPA establishes how the cost of the combined fire service will be apportioned between the City and the District so an exchange of property tax revenue is not required. C. The additional revenue from extending the District’s special taxes to assessor parcels in the City is the revenue the City and the District have determined is necessary to meet the immediate funding needs of the Ukiah Valley Fire Authority. NOW, THEREFORE, BE IT RESOLVED that: 1. Upon finalizing the annexation of the City into the District, the apportionment of property taxes in the City shall not change and no portion of those taxes shall be exchanged with the District. Based on that agreement, the District will not receive a share of the property taxes from tax rate areas within the City, including tax increments, in all future fiscal years. 2. The City Council acknowledges and agrees that pursuant to Government Code Section 57330 upon the annexation of the City by the District, the special taxes as approved in District Measures J and B, as explained in the attached Exhibit B, Recital Nos. 5 and 6, will apply to all parcels in the City of Ukiah. The Mendocino County assessor and auditor are authorized to assess and collect those special taxes on behalf of the District in compliance with District Ordinance 97-1 and charge the fees therefor as agreed between the District and the County pursuant to Government Code Section 29304. The net revenue produced by those special taxes shall be retained by the District for its use in performing under the Joint Powers Agreement between the City and the District, as it now reads or as it may be hereafter amended. PASSED AND ADOPTED by the City Council of the City of Ukiah this 21st day of September 2021 by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ________________________ Juan V. Orozco, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk Page 4 of 44 EXHIBIT A Page 5 of 44 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. 1 Page 6 of 44 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. 2 Page 7 of 44 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 I Juan Orozco, Mayor ATTEST: A.A-Z Kristine Lawler, City Clerk 3 Page 8 of 44 FIRE DISTRICT AND CITY LIMITS ATTACHMENT 1 20__. T. r 0At S11. I _---------- r r UKIAH v`5 r tf v Jam'"' L 01 VT' IY cFr r 4 c U" N--fi' N 1/ G rr T l QFire District Boundary Ukiah City Limits n This map is a guide. Every reasonable effort has been made to ensure the accuracy0 6'000 2'000 Public works of the map and data provided. Parcel lines are not intended to represent surveyed data. 1 1 Feet ocumen ain b—blic WorksTiores, anie arae a er ap arer wap-ME—a Date baved U/ //ZU2U M 1/bb AMPage 9 of 44 ATTACHMENT 2 Page 10 of 44 Page 11 of 44 Page 12 of 44 Page 13 of 44 Page 14 of 44 Page 15 of 44 Page 16 of 44 EXHIBIT B Page 17 of 44 Page 18 of 44 Page 19 of 44 Page 20 of 44 Page 21 of 44 Page 22 of 44 Page 23 of 44 1 RESOLUTION NO. 2021- RESOLUTION OF THE BOARD OF DIRECTORS OF THE UKIAH VALLEY FIRE DISTRICT AGREEING TO THE ALLOCATION OF PROPERTY TAXES AND UKIAH VALLEY FIRE DISTRICT PARCEL TAXES UPON THE ANNEXATION OF THE CITY OF UKIAH BY THE UKIAH VALLEY FIRE DISTRICT. WHEREAS: 1. On May 14, 2021, the City Council of the City of Ukiah (“City”) adopted Resolution No. 2021-21 In Support of the Ukiah Valley Fire District’s Application to Initiate Proceedings for the Annexation of the City of Ukiah and to Initiate Proceedings to Amend the Fire District’s Sphere of Influence to Include the City, a true and correct copy of which is attached hereto as Exhibit A; and 2. On May 18, 2021, the Board of Directors of the Ukiah Valley Fire District (“District”) adopted Resolution No. 2021-04 to Initiate Proceedings for the Annexation of the City of Ukiah and to Initiate Proceedings to Amend the Fire Protection District's Sphere of Influence (“SOI”) to Include the City of Ukiah, a true and correct copy of which is attached hereto as Exhibit B; and 3. On May 19, 2021, the District filed an application (“the Application”) with the Mendocino County Local Agency Formation Commission (“LAFCo”) to amend its SOI to include the City and to annex the City into the District for fire services; and 4. Under Revenue and Taxation Code (“R&TC”) Section 99, upon filing the Application, the Executive Officer of LAFCo is required to give notice of the filing to the Mendocino County assessor and auditor specifying each local agency whose service area or responsibility will be altered by the jurisdictional change; and 5. On July 1, 2021, the Executive Officer gave the required notice to the assessor and auditor; and 6. On or about August 27, 2021, the Executive Officer supplemented the required notice with the list of Assessor’s Parcels Numbers (APNs), as required by the LAFCo application form; and 7. On September 17, 2021, the Assessor completed its preliminary report including the identification of the assessed valuations and the tax rate areas in the City; and 8. Upon receipt of that report, the Auditor commenced the estimated analysis of property tax revenue generated within the City that is the subject of the annexation during the current fiscal year and the allocation factors with respect to the estimated property tax revenue that is subject to a negotiated exchanged between the City and the District; However that report is not yet completed in advance of the meeting at which this resolution has been presented for adoption; and 9. For the reasons set forth in City Council Resolution No. 2021-21 (Exhibit A) and District Resolution No. 2021-04 (Exhibit B), and based on the following findings, the City Council and the District Board of Directors at a joint meeting determined and agreed that they did not need the auditor’s report in order to agree that the annexation of the City by the District should not change the allocation of property taxes in the City, finding that: A. Because of the joint provision of fire services within the City and the District under the JPA there will not be a significant change in service responsibility between the City and the District as result of the annexation. Page 24 of 44 2 B . The JPA establishes how the cost of the combined fire service will be apportioned between the City and the District so an exchange of property tax revenue is not required. C. The additional revenue from extending the District’s special taxes to assessor parcels in the City is the revenue the City and the District have determined is necessary to meet the immediate funding needs of the Ukiah Valley Fire Authority. 10. As explained in the attached Exhibit B, Recital Nos. 5 and 6, the District’s special taxes will apply to all parcels in the City of Ukiah, and the Mendocino County assessor and auditor are authorized and directed to assess and collect those special taxes on behalf of the District in compliance with District Ordinance 97-1. NOW, THEREFORE, BE IT RESOLVED that: 1. Upon finalizing the annexation of the City into the District, the property taxes in the City the apportionment of property taxes in the City shall not change. Based on that agreement, the District understands and agrees that it will not receive a share of the ad valorem property taxes from tax rate areas within the City, including tax increments, in all future tax years. 2. The District relies on the City Council’s acknowledgment and agreement in Resolution No. 2021- 45 that pursuant to Government Code Section 57330 upon the annexation of the City by the District, the special taxes as approved in District Measures J and B, will apply to all parcels with Assessor’s Parcel Numbers (“APNs”) in the City of Ukiah. Pursuant to the existing agreement between the District and Mendocino County entered pursuant to Government Code Section 29304, the Mendocino County assessor and tax collector are authorized and directed to assess and collect these special taxes on behalf of the District on all APNs in the City and to charge the agreed upon fees for these services. The net revenue produced by these special taxes shall be retained by the District for its use in performing under the Joint Powers Agreement between the City and the District, as it now reads or as it may be hereafter amended. PASSED AND ADOPTED by the Board of Directors of the Ukiah Valley Fire Protection District this 21st day of September, 2021 by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ________________________ David B. Haas, President ATTEST: ______________________________ Stephanie Abba, Clerk of the Board Page 25 of 44 EXHIBIT A Page 26 of 44 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. 1 Page 27 of 44 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. 2 Page 28 of 44 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 I Juan Orozco, Mayor ATTEST: A.A-Z Kristine Lawler, City Clerk 3 Page 29 of 44 FIRE DISTRICT AND CITY LIMITS ATTACHMENT 1 20__. T. r 0At S11. I _---------- r r UKIAH v`5 r tf v Jam'"' L 01 VT' IY cFr r 4 c U" N--fi' N 1/ G rr T l QFire District Boundary Ukiah City Limits n This map is a guide. Every reasonable effort has been made to ensure the accuracy0 6'000 2'000 Public works of the map and data provided. Parcel lines are not intended to represent surveyed data. 1 1 Feet ocumen ain b—blic WorksTiores, anie arae a er ap arer wap-ME—a Date baved U/ //ZU2U M 1/bb AMPage 30 of 44 ATTACHMENT 2 Page 31 of 44 Page 32 of 44 Page 33 of 44 Page 34 of 44 Page 35 of 44 Page 36 of 44 Page 37 of 44 EXHIBIT B Page 38 of 44 NOTE: The referenced attachments are too large to attach, but are on file with the clerk. Page 39 of 44 Page 40 of 44 Page 41 of 44 Page 42 of 44 Page 43 of 44 Page 44 of 44