2018-39 RESOLUTION NO. 2018-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, OPPOSING ANNEXATION
OF GRAND TERRACE PROPERTIES INTO THE FP-5 ZONE BY
THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS
ACTING AS THE SAN BERNARDINO FIRE DISTRICT BOARD
WHEREAS, on June 12, 2018 the San Bernardino County Board of Supervisors,
convening as the San Bernardino County Fire:District Board, voted to initiate proceedings to
expand Fire and Paramedic Service Zone 5 (FP-5 Zone).
WHEREAS, the expansion of the FP-5 Zone includes annexation of real property sited
within the City.of Grand Terrace.
WHEREAS, each parcel within the FP-5 Zone is subjected to an existing annual parcel
tax of $157.26 imposed in addition to property taxes currently imposed and allocated for fire
protection via ad valorum property tax for Fire and Paramedic Services.
WHEREAS, California Health and Safety Code Section 13950 and 13954 allow a Fire
District to impose a parcel tax to support fire protection services after the District,Board notices
parcel owners of*a public hearing'to receive feedback before implementation of a parcel tax fee.
WHEREAS, the Fire District's staff conducted community meeting from August 7, 2018
thru September 10, 2018 to inform the parcel owners about annexation into the FP-5 Zone, public
notices of the applicable parcel tax and the scheduled public hearing date was mailed to parcel
owners on September 14, 2018, after conclusion of the community meetings.
WHEREAS, the District Board decided to incorporate the LAFCO process to determine a
successful protest wherein if (a) at least 25% of all parcel owners who own at least 25% of the
assessed value of land within the affected territory oppose the annexation into FP-5, the
expansion shall be referred to a vote of the people, or (b) a protest by a majority (greater than
50% of all parcel owners who own at least 50% of the assessed value of land)within the affected
area would result in.immediate termination of the annexation proceedings.
WHEREAS, the City Council of Grand Terrace does not have authority over the Fire
Protection District, however the Fire District does provide fire protection services to parcel owners
within the incorporated boundaries of the City of Grand Terrace, including the City of Grand
Terrace.
WHEREAS, adoption of a parcel tax requires a vote of approval by the people pursuant
to Proposition 218 and Proposition 26.
WHEREAS, parcel owners within an incorporated city being annexed usually get to vote
as a single pool to determine whether a majority of those owners' protest. In this case, the Fire
District Board has usurped that democratic process by annexing several areas throughout the
County into FP-5, of which Grand Terrace is only one, thereby allowing the votes of parcel.owners
in various parts of the County's Fire District's, including outside of Grand Terrace,to be comingled
with the vote of Grand Terrace parcel owners for the purpose of determining whether a majority
protest vote has been made.
Reso No. 2018-39 Page 1 of 2 September 25, 2018
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and,
accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The City Council of the City of Grand Terrace vehemently opposes any
annexation-process which commingles protest votes from parcel owners of incorporated cities
with those of parcel owners in unincorporated areas of the County. The Fire District should
recognize the sovereign nature of parcel owners within incorporated cities and calculate a
successful protest vote of parcel owners within Grand Terrace
SECTION 3. The City Council of the City of Grand Terrace, as parcel owner within the
affected area, herein protests the expansion of the FP-5 Zone as proposed.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace,
California, at a regular meeting held on the 25th day of September 2018.
r M oor
D cy
ATTEST:
ebra L. Thomas
City C)erk
APPROVED AS TO FORM:
Richard L. Adams, II
City Attorney
Reso No. 2018-39 Page 2 of 2 September 25, 2018
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF'GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2018-39
was duly passed, approved and .adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, at the regular meeting of said City Council
held on the 25th day of September 2018, and that the same was passed and adopted by
the following vote:
AYES: Council Members Henderson, Hussey, Wilson; Mayor Pro Tern
Robles; Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 26th day of September 2018, at Grand Terrace, California.
Debra L. Thomas
City Clerk
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