HomeMy WebLinkAboutCC RES 93-44 !
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RESOLUTION NO. 93-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ENDORSING PROCEEDINGS TO
FORM THE ORANGE COUNTY FIRE PROTECTION DISTRICT
AND AGREEING TO PARTICIPATE IN ACTIVITIES THAT
SUPPORT DISTRICT FORMATION
Whereas, the City Council of the City of Tustin, by
the adoption of its Resolution No. 93-44 , dated
z/-/7-73 , declared its intent to join with other
Orange County cities and the County of Orange in the
formation of an independent fire district protection, the
Orange County Fire Protection District, hereafter the
"District", pursuant to the Fire Protection District Act
of 1987 (California Health & Safety Code 13800 et seq);
and
Whereas, it is the intent of the participating
cities and the County that the District will assume all
of the services now performed by the Orange County Fire
Department; and
Whereas, a primary purpose in forming the District
is to provide a means for cities, which comprise
approximately 85% of the population served by the County
Fire Department, and the County to formally share
governance and financial responsibility for the fire
service program; and
Whereas, a committee of City Managers representing
the prospective city members of the District and cash
contract cities has reached a preliminary written
understanding with County officials on matters related to
the formation of the District, the transfer of tax funds
and the transition of service responsibilities from the
County to the District.
Now, Therefore, the City Council of Tustin, having
reviewed the proposed terms and conditions as contained
in Attachment 1: City/County Understandinq For The
Formation Of An OranGe County Fire District, does by this
resolution hereby:
Support special state legislation for the
purpose of creating the District effective no
later than January 1, 1994; and
2 o
Approve Attachment A: the City/County
Understandinc On The Formation Of An OranqE
County Fire District; and
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Resolution No. 93-44
Page 2
Request the Orange County Local Agency
Formation Commission (LAFCO) to initiate
proceedings to form the Orange County Fire
District pursuant to the Cortese-Knox Local
Government Reorganization Act of 1985, Division
3, commencing with 56000 of the California
Government Code, Section 13800 of the
California Health & Safety Code et seq., and
the provisions of special state legislation
referenced above; and
Request the Orange County LAFCO to include all
of the territory within the boundaries of the
City of Tustin within the fire district and its
Sphere of Influence; and
Endorse and agree to the transfer of all
structural fire fund taxes that are now
deposited in the Orange County Structural
Fire Fund, and allocated and collected by the
County of Orange from the area within the
proposed District boundaries upon the
formation of the District; and
Authorize the City of Irvine to serve as the
lead agency in the filing of a Joint
City/County application to the Orange
County LAFCO, acting on behalf of Tustin, and
all other sponsoring agencies; and
Agree to pay a proportionate share of the
expenses associated with formation of the Fire
District, subject to separate action and
approval of the specific proportionate share
amount(s) by this City Council from time to
time.
F~YOR
f~RY E. WYNN, City Clerk
Attachment I and Attachment A
MEMORANDUM OF UNDERSTANDING
A CITY ,' COUNTY UNDERSTANDING ON THE
FORMATION OF AN ORANGE COUNTY FIRE DISTRICT
March i1, 1993
The Orange Count).' Cities and thc Count' of Orange that are within the boundaries of the Structural
Fire Fund. and cash contract cities that will receive fire services from the proposed Fire District,
understand the terms and conditions contained herein for thc formation of the Orange Count).' Fire
District. This understanding generally pertains to the following subject areas onlv:
1. Risk Managcment/Liabili~'
7. Governing Board
2. Asset Transfer 8.
Cash Contract Cities
3. Fire Station Headquarters
9. Equi~'
4. ProperS' Tax Transfer
10. Services to be Assumed
5. Development Agreements
11. District Formation
6. Special Legislation
12. Transition Team
RISK MANAGEIVtEIN'T/LIABILITY (TORT & WORKERS COIVtPENSATION CLAIMS)
The Fire District shall assume responsibilip:' for incidents that occur on or after the official date of
District formation. The Count' shall retain responsibilit).' and liability for incidents that occur prior
to the date of District formation. The Count').' shall retain all reserves that have been set aside for
prior incidents.
~S~TRANS~R
All assets, except the four deactivated stations, shall be transferred to the Fire District at no cost to
the District for the exchange. The Cities understand that the Count').', or the CounD' through the
Fire District, shall repay prior Count~' General Fund co':ts for fire assets over a multi-year period
of $14.5 million, and acknowledge that repayment began in fiscal year 1992-93. The Count).'
understands that neither cities' or cash contract cities' assets of an.,,' kind nor District reserves, or
assets from the sale of the fire station headquarters will be used for this repayment.
Notwithstanding, if SDAF is eliminated, the parties agree to negotiate the source of payment,
amount, and/or other options.
All existing reserves as of the date of district formation are to be transferred unincumbered to the
new district.
FIRE STATION HEADOUARTERS
The Cities understand that since there will be a period of time before a district can be formed and
become ,,pcrationa! thc County will continue to pursue options for thc disposition of thc
Headquarters. propcrv:' and the acquisition of replacement properr2:'. An.,,' proceeds that might bc
obtained bv disposition of the Headquarters propert)' shall remain with the Fire Department and
shall bc transferred to thc District. The Countx shall involve Cities in an.',' and all disposition matters
prior to district formation. Nothing related to the disposition of the Water Street Propers' shall be
forwarded to the Board of Supervisors without the Cities' concurrence.
PROPERTY TAX TRANS~R
After the official date of thc Fire District's formation, there shall be a properv:' tax transfer of all
SFF and the SDAF contributed by thc SFF to the SDAF, in accordance with the formula set forth
in Revenue and Taxation Code Section 95 ct seq. and Health and Safety Code Section 13896. After
official formation, the Fire District shall receive all propert).' ta.xes levied on its behalf without any
contribution to the SDAF. All parties understand that the properD' tax (including SFF and SDAF)
ma.,.' be subject to statutory elimination or reduction, and that the Counv:' general fund shall not be
responsible for replacing an,,' funding loss.
DEVELOPME~ AGREEMENTS
Prior to District formation, the County and the Cities shall not approve anv new development
agreements or modifications to existing development agreements to the extent that fire sen'ices
and/or facilities will be affected thereby without consultation with the Cities and County transition
team prior to approval.
SPECIAL LEGISLATION
The Cities and the County shall jointb' seek and support the approval of special state legislation to
form the District.
GOVERNING BOARD
The Board of Directors of the Orange Count-,, Fire Protection District shall h ,'e seven members.
The governing bodies of the Count2,-· and thc Cities within the boundary, of the Fire District shall
appoint members and alternates to the Board of Directors.
One member and an alternate shall be selectee and appointed by the Board of Supervisors and shall
be current members of the Board of Supen'isors. The County at all times shall have a permanent
representative as a member of the Board of Directors. The boardmember and alternate appointed
Ci0' Count.' Unaerstandtn8 Orange Co. tm. Ftre Dtsmcl
Page 2.
by the Couna.. shall sen'e a four ','ear term from the date of appointment to Januan.' 10 of thc fourth
following year.
The remaining six members and their alternates shall be selected and appointed by the Cia' Councils
of the Cities within the boundan' of the Fire District. Both shall be Ci~' Councilmembers and shall
serve at the pleasure of his or her governing body.
The cities shall determine a method for rotating appointments of the six Board of Director members
representing cities so that all member agencies have an opportuni~' to designate a member from
their jurisdiction and there is continuit3.' of representation. This method shall be set forth in the
LAFCO terms and conditions, in an.,,' transition agreement, or as othe~'ise agreed to by the member
cities.
Member cities without present representation on the Board and cash contract cities arc encouraged
to attend and participate in all open sessions of the Board, but have no vote.
The current four cash contract cities ( i.e. Placentia, Seal Beach, Stanton, and Tustin) will not
initially join the Fire District. Instead these cities will agree to continue contracting with the District
for a period of three years following district formation. It is understood that the cities and the
Count')' will limit annual cost of service increases or decreases to the cash contract Cities to an
amount equal to the annual change in the cost of operations calculated with methods currently used
bv the Fire Department.
EourrY
The Count' and the Cities shall be member agencies in equal standing in the new Fire District. An,,'
adjustments in future cost to an,,' member agent' shall be based on considerations and factors that
are equitable to all members. It is understood that the cost of service shall not be adjusted by
reason of equi~' for any member agencs.' or a cash contract Cit3' for a period of three years from th:
date of formation of the District. Any changes in non-propert?.' tax revenue sources i.e. fees and
charges, special assessments such as paramedic fees could be made during this three year ~ :riod, as
long as all district territories and cash contract cities participate.
Any future decision bv the District to restructure the member agencies' proportionate contribution
toward the cost of fire district operations (i.e. the overall equity question) shall, at a minimum,
require a majoria.' vote of member agencies unless a higher level of participation is required by law.
C~. I Count. Unde'ztandm$: Orange Count.' F, re D~stnct
}'age 3.
DISTRICT FORMATION
District formation shall bc as set forth under special legislation.
SERVICF_.S TO BE ASSUMED
Prior to Fire District formation, thc following sen'ices or dMsions shall bc assumed, downsized or
eliminated by the Count3.' in its discretion:
1. weed abatement
2. Emergent>.' Management DMsion (EMD)
3. Hazardous Materials Programs Office (HlvtPO)
TRANSITION TEAM
Count')' and Cip,.' staff shall work together on major transition issues, such as · headquarters location
and continuing tenanc>', all major administrative, financial and service poliO, issues, and report back
to the respective governing boards on progress before decisions on major issues are made.
Approved As To Substance For The
Negotiating Teams:
Karen Davis, Chair
Count' Negotiating Team
COUNT~':
Tim Case.,,', Cip,' Mgr., Laguna Hills
Chair. Cit.' Negotiating Team
Dated: , 1993
Count.' of Orange, a political
subdMsion of the State of
California
Chairman of Its Board of Supervisors
Ctt¥! Counn' Unaer~tand.tg' Orange Count~ Fire Dtsmct
Page 4
Signed And Certified That A Copy
Document Has Been Delivered
To Thc Chairman Of The Board
Phyllis A. Henderson
Clerk of thc Board of Supervisors
Of This
APPROVED AS TO FORM:
Tern' C. Andrus, Count'>.' Counsel
Dated:
Carol D. Brown, Deputs.'
, 1993
CITY:
Ci~' of ~ , California
Dated: '5/-/0' ,1993
.ATTEST:
APPROVED AS TO FORM:
MAYOR
( Ci~, A~
(
( Dated: ~,. "Z.~. , 1993
Cin' Clerk
Cttv ~ Co~nO. Understanding: Orange CounO' F~re D~tnct
Page 5
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 93-44
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 19th day of April, 1993, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pontious, Potts, Saltarelli, Thomas
None
None
Puckett
E. Wynn, City Clerk