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Home My Public Portal About97-109 (07-15-97)CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. 97-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING, CALLING, AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION, TO BE CONSOLIDATED WITH THE SCHOOL DISTRICT ELECTION TO BE FIELD ON NOVEMBER 4, 1997, FOR ' THE PURPOSE OF SUBMITTING TO THE VOTERS AN ORDINANCE, PROPOSED BY INITIATIVE PETITION, AUTHORIZING THE TRANSFER OF FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND HAZARDOUS MATERIALS PROTECTION SERVICES FROM THE LYNWOOD FIRE DEPARTMENT TO THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, AUTHORIZING A CONTRACT TO PROVIDE RETIREMENT BENEFITS FOR FIRE FIGHTERS~ AND AUTHORIZING THE TRANSFER OF CERTAIN RETIREMENT BENEFITS FOR FIRE FIGHTERS RECITALS• A. On April 21, 1997, there was lodged with the City Clerk that certain initiative petition entitled "A Measure to Adopt an Ordinance Authorizing the Transfer of Fire Protection, Emergency Medical Services, and Hazardous Materials Protection Services from the Lynwood Fire Department to the Consolidated Fire Protection District of Los Angeles County, Authorizing a Contract to Provide Retirement Benefits for Fire Fighters, and Authorizing the Transfer of Certain Retirement Benefits for Fire Fighters." , B. In accordance with California Elections Code Section 9214, if an initiative petition is signed by not less than fifteen percent (15~) of the voters of the City, and contains a request that the ordinance be submitted iaunediately to a vote of the people at a special election, then the legislative body may immediately order a special election, to be held not less than 88 nor more than 103 days after the date of the order, at which the ordinance, without alteration, must be submitted to a vote of the voters of the City. C. Based upon the certification by the Registrar- Recorder/COUnty Clerk of the County of Los Angeles, which certification was completed on June 24, 1997, the determination was made that the initiative petition contained 2,770 valid signatures of qualified voters, a number sufficient to qualify the initiative measure for the ballot in accordance with California Elections Code Section 9214. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS: Section 1. As authorized by California Elections Code Sections 9214 and 9225, there is hereby called and ordered to be ' held in the City on Tuesday, November 4, 1997, a special municipal election for the purpose of submitting to a vote of the voters of the City the proposition specified below in Section 2 that relates to the proposed enactment of an ordinance submitted by initiative petition. Section 2. The proposition to be submitted to a vote of the voters of the City is substantially as follows: 97Q721 10512-OOOOI ryc 0593168 (q PROPOSITION A: Shall an Ordinance be adopted authorizing the transfer of fire protection, emergency medical services, and hazardous Yes materials protection services from the Lynwood Fire Department to the Consolidated Fire Protection District of Los Angeles County, authorizing a contact to provide retirement benefits for fire fighters, and authorizing the No transfer of certain retirement benefits for fire fiqhters? Section 3. The text of the proposed ordinance to be submitted to a vote of the voters of the City is attached as Exhibit A and is incorporated by this reference. section 4. In Sections 10402 and 10403 Los Angeles County Board and agree to the consoli~ with the School District 4, 1997. accordance with the provisions of of the California Elections Code, the of Supervisors is requested to consent 3ation of the special municipal election Election to be held on Tuesday, November Section 5. The Los Angeles County Election Department is authorized to canvass the returns of the special municipal election. The election will be held in all respects as if there were only one election, and only one form of ballot will be used. Section 6. The Los Angeles County Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of this consolidated election. Section 7. The City of Lynwood recogni2es that additional costs will be incurred by Los Angeles County by reason of this consolidation and agrees to reimburse Los Angeles County for those costs. Section 8. The polls for the election will be open at seven o'clock a.m. of the day of the election and will remain open continuously from that time until eight o'clock p.m. of the same day when the polls will be closed, except as provided in Elections Code Section 14401. Section 9. In all particulars not recited in this resolution, the election will be held and conducted as provided by law for holding City elections. Section 10. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized and directed to give further or additional notice of the election in the time, form, and manner required by law. Section 11. The City Council, the officers and staff of the City, and the City~s legal counsel are authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. Section 12. The City Clerk is directed to certify to the passage and adoption of this resolution. 470721 10512-00001 eyc 0593168 (~ Section 13. The City Clerk is directed to file a certified copy of this resolution with the Los Angeles County Board of Supervisors and with the Los Angeles County Election Department. PASSED, APPROVED AND ADOPTED t' day of July, 1997. ~ - ' au1 H. Richards, II, Mayor ATTEST: ~/S~~ ~. ~~~ Andrea L. Hooper, Ci y Clerk APPROVED AS TO FORM: M!-~U~ww. ~. ~~ City Attorney ~ ' 970721 ]0512-00001 eyo 0593168 (~ EXHIBIT A TEXT OF PROPOSED BALLOT PROPOSITION The People of the City of Lynwood do ordain as followa: CITY OF LYNWOOD FIRE PROTECTION AND EMERGENCY MEDICALSERVICESACT SECT[ON'1. f~tlg This Act shall be knOwn and may be cited as the City ol Lynwood Fire 1'rotection and Emergency Medical Services Act. SECTION 2. Findings and Deelaralions The people of the City of Lynwood hereby find and detlam all ot the following: (a) Flre fighting and emergenry mcdial services are two of the most vital services provided ta the citizens of any community. (b) It is criHeal that fue engines respond quickly and that there be a sufficient levcl of perspnncl so tha! the ciNzens of Lynwood are protected from the dangers of a major 6re. (c) It is important that emergency medical services responge time be as quick as possible and that the level of emergency medical services tesponse bc suffiaent to address any emersency threatening the citizens of the City of Lynwood. (d) [t is essential that msponse ro any hazardous materials emergency which threatens thepubGcbe immediateand effective. (e) The ritizens of Lynwood will be well served by the trans- fer of fitc fighting and &MS services from die Lynwood Fire De- partment to the Consolidated Fire Protection District of Los An- geles County (hereinafter referred to as "Los Angetes Counry F'ue Department"). (~ The transfer of fire fighting and EMS services to the Lns Angcles Counry Pire Department wi11 also result in savings of hundreds of tliousands of dollus which muld be used to hire more police oEficers. These savings will occur without any new tazes ot any increase in eunent taxes paid by Lynwood residenks. (g) The City should be permitted to pay fire flghters refire- ment beneFits currently financed by a city property tax to tlie Los Angeles County Fire Department, SECTION 3. ~pose and Intent The people of the City of Lynwood hereby declare their pur pnse and in~ent in ¢nacting the measurn to be as follows: (a) To pxuvide enhanced fire fighting and EMS scrvices to the citizens of the City of l.ynwood. (b) To provide equal orbetter fire response timc and greater levels of fire response. 970721 10512-00001 syc 0593168 (~ 1 Of 3 (c) To pmvide equal or better EMS services with gieatcr :esponse levels. (d) To provide unmediate and effective response to hazatd- ous materials emergencies. (e) To tnnsfer responsibility for providing E'ire ftghting and EMS services from the Lynwood Fire Department to the Los Mgeles County Fire Depaztment. 1 (E) To enhance the efficiency of Fue fighting and EMS ser- vices and lower the wst to the citiuns of the Ciry of Lynwood as a tesult of more eNicfent use of rnsoumxa. (p~ 'fo allow the City oE tynwood the opportunity to use thesavings reali~.ed tohiremora poAce offic~crs withou! anynew taxes or any increase in current taxes paid by Lynwood residents. (1J To pcrmit Fire figliter celicement benefits currendy fi- nanced by a aty pmperty tax to be paid 1o the I.os Angeles County Fire Department. SECTION 4. Chapter 12 of the Lynwood Municipal Code is amended by adding Section 12-1.~1 to read: 12-1.10 Fin Fighting, EMS Setvicee, and Hazazdous Materials A. Responsibility for pmviding fire protection, EMS ser- ~ , Yices, and pmterlion from ha2ardous auterials in thc City of Lyawood is hereby transEetred hom the L}mwood Fire Department to ttie Los Angeles County Fire Depart- ment subject to the pmvisions of tkiis sechioa B. The Lynwood Ciry Council shall rrke all necessary mps to earry out the provisions oE subsection A All actiuns taken by the Lynwood City Council slwll be in the man- ner authorized by Calitornia Government Code §55632 and provided for by Cal[fornla Go~etnment Code. §566483. C. The transfer of Fire fighting and HMS services from the Lynwood Fue Deparhaent to the i,pe Angeles Crnmty Fira Deputment aholl teke plaee on lhe effective date of aanexation sa determined by the Board of Supervisors in coordination with the l.os Angeles County F've De- partment and the City of Lynwood. D. At the wnelus~on of a twelve month period following the tran9fcr of fin fi¢htin¢ and FMS crrvicec fr~~m thP , Lyr.svood Fire Deparhnent to thc Los Angeles County Fire Department, the Lynwood Cily Council $Iwll un- derWke a review with rapect to the perfomunce of fire fighting and EMS services. In addition the review shall examine any cost savings to the City OF Lynwond whirh Fwve occurred. E. Any savings realized as a result of the transfer of fire fighter and EMS service Erom the Lynwood Fire Depart- mex~t to the Los Angeles County Fire Department shall be allocated for the hiring of additional police officers. 2 of 3 SECTION 5. Chapter ]8 of the Lynwood Municipal Code is amendcd by adding Section 1&1.4 to read: ib-lA Fire Fighter Retimment Syslem. The following 91+a11 apply tu fut fighter retlrement benefia: a. in the event that fireHghting and EMS services are trans- ferred from the Lynwood Fire Department to the Los Angeles County Fire Department, a wnCact is authorized betwcen the City and the Los Angeles County Fire Department, providing retiremcnt beneflts for fire Eighters. b. In the event that the City enters into a mntract with the i qsAngeles County Fire Deparlmatt, lire fighta netir~menl Ue,~- efits currently financed by an existing aty property tax shall be paid to the Los Angcles County Fire Depazement. SECTION 6. . v rabilitv If any pmvision of this Act or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconsritutionality shall not affect other pmvisions or applicarions of this initiarive which can be given effect with- out the invalid or unconstiturional provision or applicarion, and to this end the provisions of this initiaHve are severable. 3 of 3