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HomeMy WebLinkAboutReso 1971-6047RESOLUTION N0. 6047 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO JOINT FIRE PROTECTION AGREEMENT BETVdEEN THE CITY OF CHULA VISTA AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Amendment to the Joint Fire Protection Agreement between TiiE CITY OF CHULA VISTA, a municipal corporation, and the BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT, dated the 27th day of. April 1971, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED tha the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Thomas D. Hamilton, Jr., May r George D. Lindberg, City Att ney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 27th day of April , 1971, by the following vote, to-wit: AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: Councilmen None _. i. ATTESTi ~~~,z~ i;+.9~'.' ~ L,~~~ ,J, ,,, 'f'~~ City Clerk v j j, _; / I ~~ Mayor of the City of Chula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I~ , City Clerk of the City of Chula Vista, California, DO iiEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk --`- - =-~='~-r'~r.viiiu::ivs Tv JvIiv'T FIRE PROTECTION AGREEMENT BETWEEN BQNITA-SUNNYSIDE FIRE PROTECTION DISTRICT AND THE CI'~Y OF CHUI,A VISTA THIS AMENDED AGREEMENT, made and entered into this 27th day of April , 1971, by and between the City of Chula Vista, a municipal corporation, hereinafter referred to as "City", and the Bonita-Sunnyside Fire Protection District, a fire protection district organized in accordance with the Fire Protection District Act of 1969, hereinafter referred to as "District"; W I T N E S S E T H WHEREAS, the City of Chula Vista and the Bonita-Sunnyside Fire Protection District have heretofore entered into that certain agreement dated September 8, 1969 as approved by Resolution No. 5344 and adopted by the City Council of the City of Chula Vista on August 26, 1959, and WIR.EAS, said agreement set forth the following wishes and desires of the parties thereto: WI-£EREAS, City and District, pursuant to the authorization of Section 6200 et seq. of the California Government Code zeiating to the Joint Exercise of Power by public agencies, have heretofore, in accordance with Resolution No. 3027, approved by the City Council of the City of Chula Vista on February 13, 1963, entered into a Joint Powers Agreement to furnish fire protection to all areas theretofore within th.e territory of the District, as well as presently annexed to the City, and to all areas which are presently within t?~.e District and which might thereafter be annexed to City, anc3 WHEREAS, City .did not then, and does not presently, have adequate equipment or facilities to conveniently service said areas which have been or will be annexed to the City, and WHEREAS, the continued annexation of territory by the City of Chula Vista within the areas served by the Bonita- Sua~nyside Fire Protection District and any subsequent removal of said territories from said district area would detrimentally affect both the financial and physical capa- bility of the Bonita-Sunnyside Fire Protection District to furnish fire protection to those territories located in the unincorporated areas of the District, and WHEREAS, the City of Chula Vista and the Bonita-Sunnyside Fire Protection District wish to reaffirm the terms and conditions of said Joint Fire Protection Agreement, approved by Resolution No. 3027, and make such amendments thereto as will provide greater stability for the financial operation of the District; preserve physical integrity and contiguity; allow complete access and capability to all parts of the District service area; insure recognition and protection of the rights and status of the District personnel, and establish termination provisions consistent with the mutual needs and requirements of District and City, based upon increasing urbanization of the District area and changing concepts of fire protection, in order to insure the highest level of fire protection service for the District area, and fs f'~>, ~ ~' ~ 7 F7.EF.EAS, subsequent to the execution of said. agreomer_t, certain residents of the area designated as the Bonita-Sunnyside Fire Protection :.,istrict have initiated an annexation proceeding known as the Sweetwater Valley annexation, which annexation is an inhabited annexation conducted pursuant to the Inhabited Annexation Act of 1939, and Lu?~EREyS, said annexation territory is coterminous with the Bonita-Sunnyside Fire Protection District, and WIi'EREAS, in approving said annexation, the Local Agency Formation Commission required as a condition of said approval that the City of Chula Vista enter into an agreement with the Bonita- Sunnyside Fire Protection District to insure the full rights and status of the employees of the Fire Protection District and to guarantee t.~:em equal status with employees of the Chula Vista Fire Department, and WKEREAS, i.t is further a condition of said annexation that the City of Chula Vista assume all rights, duties nrd obligations for the provision of fire protection service within the area to be annexed if and in the event that said annexation is ultimately consummated, and WEEREAS, the City now desires to amend that certain agreement entered into on September 8, 1969, as approved by Resolution No. 5344, adopted by the City Council of the City of Chula Vista on August 26, 1969. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: ' 1. That Section 8, "Termination", as contained in that certain agreement dated September 8, 1°. 69 be, and the same is hereby amended to read as follows: (a) It is the understanding and intent of the City and District that this Amended-Joint Powers Agreement shall extend for a period of ten (10) years, unless terminated as provided herein, based upon an annual renewal term commencing on July 1, 1969, and automatically renewable on each July 1 thereafter for the extended period of this Amended Agreement.. This Amended Agreement may be terminated by either party upon 180 days written notice to the other. (b) This Amended Agreement would terminate automatically upon the assumption of all fire protection duties by the - County of San Diego through the establishment of a Special Service District or County Service Area, designed to provide said fire protection, or such other County fire protection arrangement found to be mutually agreeable to the parties to this Amended Agreement. (c) This Amended Agreement may, at the option of either party, also be terminated at such time as it shall be determined by reference to and as determined by the rolls fo the Tax Assessor of San Diego County, showing that 50~ of the valuation of land and fixtures within the District's territory as it exists on July 1, 1969, has been annexed to the City of Chula Vista. Upon such occurrence,. City and District shall renegotiate the terms of this Amended Agreement, under the terms and conditions determined to be mutually advantageous to the parties hereto. - 2 - ~k_~ / _ ___ _ (dl 'I`ha~ this agreement and all agreements relating to the provision of fire service by the Bonita-Sunnyside Fire Protection District within that area designated as the Bonita-Sunnyside Fire Protection District, which area is coterminous with the proposed annexation known as the Sweetwater Valley Annexation, shall be terminated at such time as said annexation is completed and all of said territory is annexed to the City of Chula Vista. 2. That Section 10, "Conditions Subsequent to Termination", as contained in that certain agreement dated September 8, 1969 be, and the same is hereby amended to read as follows: If-and in the event that this agreement be terminated in accordance with the provisions of Section 8 (c) or Section 8 (b) as set forth hereinabove, it is mutually understood and agreed by and between the parties hereto that the City of Chula Vista shall undertake fire protection for the total area of that certain territory known as the Bonita-Sunnyside Fire Protection District and designated as the Sweetwater Valley Annexation. City agrees that in the event that a contract is executed with District as provided in Section 8 ($), City shall blanket into the fire service of the City of Chula Vista all employees of the Bonita-Sunnyside Fire Protection District who are employed by said District. It is understood and agreed that all of said employees shall be transferred into the service of the City of Chula Vista into a class comparable to that which they . are presently assisgned by the Fire Protection District with the exception of the Fire Chief and the Clerk Dispatcher, who shall be assigned to comparable levels of responsibility and pay since no equivalent classi- fications are available. It is understood and agreed that the Fire Chief shall be classified as a Fire Captain entering the Civil Service System of the City. of Chula Vista in such capacity at salary step E of said classi- fication, and that the Clerk Dispatcher shall be blanketed into the City's service as a Communication Operator I at her present salary of $600 per month to be assigned at step 'Y' of that salary range. All other employees shall be assigned to comparable classes at step A of the salary range, It is further understood and agreed that all service rendered for the Bonita-Sunnyside Fire Protection District shall be considered as prior service with the Fire Depart- ment of the City of Chula Vista and that all of said employees shall have full status as permanent employees in the Civil Service System of the City of Chula Vista, provided, further that the probationary rules and all Civil Service rules of the City of Chula Vista shall be applicable to said Fire Protection District employees for the purpose of determining permanent status and other benefits. It is mutually under- stood and agreed by and between the parties hereto that all District employees so transferred and blanketed in shall obtain the same benefits of every nature as granted to employees of the Chula Vista Fire Department, provided, further, however, that City does not recognize for bar- gaining purposes any association or unions to which said employees may presently belong, although nothing herein shall be construed as a limitation upon the rights. granted to said employees pursuant to the laws of the State of California regarding union membership. - 3 - ~--, 3. That Section 10 as contained in Resolution No. 3027 and renu.-nbered to Section 11 pursuant to that agreement dated September 8, 1969 be, and the same is hereby renumbered as Section 12 and that a new Section 11 be incorporated into said agreement to read as follows: City hereby agrees to assume all rights, duties and obli- gations of the Bonita-Sunnyside Fire Protection District if and in the event that that certain territory designated as the Sweetwater Valley Annexation shall be annexed to the City. Among those obligations, the City shall assume any deficit payment outstanding to be made to the State Employees Retirement System if said payments have not been liquidated from surpluses in the budget of District. It is understood and agreed that City shall assume all property, real and personal, owned by District as well as any outstanding obligations for said property. It is understood and agreed that District shall transfer to City any and all funds collected by the District for the operation of the District and shall conduct the business of the District during the period prior to a final determination as to the annexation in a sound and businesslike manner and shall conserve all assets of the District in the mutual interest of District and City. IN WITNESS WHEREOF, the parties hereto have caused this Amended Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT J ~/ Mayor ATTEST' ~~, zt.e~ ~ iLL-(~.0~~ // City C erk Attach Notary Acknowledgment here. Approved as to form by George D. Lindberg, City Attorney - 4 -