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Resolution - 94871 • RESOLUTION NO. 9487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, DECEMBER 9, 1997, FOR THE SUBMISSION OF A PROPOSED ORDINANCE WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of West Covina, California, signed by more than 15 % of the number of registered voters of the city to submit a proposed ordinance relating to a directive to the City Council to change fire protection services to the County of Los Angeles; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF WEST COVINA DOES RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of West Covina, California, in Tuesday, December 9, 1997, a Special Municipal Election for the purpose of submitting the following proposed ordinance: Shall the ordinance directing the City Yes Council to eliminate the West Covina Fire Department and to transfer City fire and emergency medical services to Los Angeles County be adopted? No SECTION 2. That The text of the ordinance submitted to the voters is attached as EXHIBIT A. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls shall be open at 7:00 am and shall remain open continuously from that time until 8:00 pm when the polls shall be closed, except as provided in § 14401 of the Elections Code. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED ON SEPTEMBER 2, 1997. Attest: City Clerk Janet Berry Mayor:k- .min Wong, Resolution No. 9487 I, JANET BERRY, City Clerk of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 2nd day of September, 1997, by the following vote of the Council: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None ABSENT: None Approved as to Form: Eels a1'a11.Pti lY qa wnJ City ttotney Elizab th Martyn 0 U City Clerk Janet Berry EXHIBIT "A" CITY OF WEST COVINA FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ACT SECTION I. Title This Act shall be known and may be cited as the City of West Covina Fire Protection and Emergency Medical Services Act, SECTION 2. Fin iags and Declarations The people of the City of West Covina hereby fed and declare all of the following: (a) Fire fighting and emergency medical services are two of the most vital services that can be provided to the citizens of any community. (b) It is critical that fire engines respond quickly and that there be a sufficient level of personnel so that the citizens of West Covina are protected from the dangers of a major fire. (c) It is important that emergency medical services response time be as quick as possible and that the level of emergency medical services response be sufficient to address any emergency threatening the citizens of the City of West Covina. (d) It is essential that response to any hazardous materials emergency which threatens the public be immediate and effective. (e) The citizens of West Covina will be well served by the transfer of fire fighting and EMS services from the West Covina Fire Department to the Consolidated Fire Protection District of Los Angeles County (hereinafter referred to as "Los Angeles County Fire Department"). (f) The transfer of fire fighting and EMS services to the Los Angeles County Fire Department could result in savings of hundreds of thousands of dollars which could be used to hire more police officers. These savings will occur without any new taxes or any increase in current taxes paid by West Covina residents. SECTION 3. Paroon-and Intent The people of the City of West Covina hereby declare their purpose and intent in enacting the measure to be as follows: (a) To provide enhanced fire fighting and EMS services to the citizens of the City of West Covina. 0 (b) To provide equal or better fire response time and greater levels of fire response. (c) To provide equal or better EMS services with greater response levels. (d) To provide immediate and effective response to hazardous materials emergencies. (e) To transfer responsibility for providing fire fighting and EMS services from the West Covina Fire Department to the Los Angeles County Fire Department. (t) To enhance the efficiency of fire fighting and EMS services and lower the cost to the citizens of the City of West Covina as a result of more efficient use of resources. (g) To allow the City of West Covina the opportunity to use the savings realized to hue more police officers without any new taxes or any increase in current taxes paid by West Covina residents. SECTION 4. Sec. 10-21 of the West Covina Municipal Code is amended to read: t�-1.•�11tln\•.i�•,�••�.ICIr.11f.•..,,��I•.fllVl\{•1.1R4�l �ll�.1.�1111.1.��.11L �s l•l��l�.l.. .1 111 ✓ • , Sec.10.21. Fire fighting, EMS services, and hazardous materials. (a) Responsibility for providing fire protection, EMS services, and protection from hazardous materials in the City of West Covina is hereby transferred from the West Covina Fire Department to the Los Angeles County Fire Department subject to the provisions of this section. (b) The West Covina City Council shalt take all necessary steps to carry out the provisions of subsection A. Ali actions taken by the West Covina City Council shall be in the manner authorized by California Government Code §55632 and provided for by California Government Code §56848.3. -2- (c) Within thirty (30) days of the effective date of this Act, the West Covina City Council shall request the Los Angeles County Fire Department to prepare a study and proposal for providing fire protection, hazardous materials, and emergency medical services to the City of West Covina. The Is study shall include the level of services to be provided by the Los Angeles County Fire Department as well as the cost of providing such services. (d) The transfer of fire fighting and EMS services from the West Covina Fire Department to the Los Angeles County Fire Department shall take place on the effective date of annexation as determined by the Board of Supervisors in coordination with the Los Angeles County Fire Department and the City of West Covina. (e) In the event that fire fighting and EMS services are transferred from the West Covina Fire Department to the Los Angeles County Fire Department, any contract entered into between the City and the Los Angeles County Fire Department may include all necessary or appropriate provisions relating to salary and hinge benefits, medical benefits, and retirement benefits for fire fighters. (f) At the conclusion of a twelvemonth period following the transfer of fire fighting and EMS services from the West Covina Fire Department to the Los Angeles County Fire Department, the West Covina City Council shall undertake a review with respect to the performance of fire fighting and EMS services. In addition, the review shall examine any cost savings to the City of West Covina which have occurred. (g) Any savings realized as a result of the transfer of fire fighting and EMS services from the West Covina Fire Department to the Los Angeles County Fire Department which occur shall be allocated yearly for the hiring of additional police officers. SECTION 5. Severability If any provision of this Act or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this initiative which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this initiative are severable. .WViM\W4VIVG 0 -3- 2/6/97