HomeMy WebLinkAboutNB 1 FIRE FIN'L EQUITY 05-20-91E NEW BUSINESS N0. 1
AG�U .� 5-20-91
Inter-CoM ,
DATE: MAY 16, 1991
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: WILLIAM A. HUSTON, CITY MANAGER
SUBJECT: FIRE FINANCIAL EQUITY STUDY
RECOMMENDATION:
That the City Council adopt Resolution 91-74 agreeing to work with the
County and Fire Department contract cities in studying the feasibility
of reorganizing the County Fire Department.
DISCUSSION:
As a result of ongoing complaints from some cities about the methodology
used in pricing contracts for County Fire Department services, the
County agreed to work with the cities in evaluating alternative funding
mechanisms. This effort has reached a point where the County and cities
have agreed, in principal, that the Fire Department should be
reorganized into a Fire District. There are two key reasons why a Fire
District would be to the cities' benefit:
1. It would continue a regional approach to fire services. From
a level of service standpoint, a regional fire system is
better than each City having its own fire department.
2. The cities would have control over policy decisions (level of
service, cost, etc.) regarding fire services. By reorganizing
the County Fire Department into a Fire District, a Board of
Directors made up of City Councilmembers from the member
cities would govern the Fire District. This would provide
member cities direct policy oversight. The County would also
be represented, but as one of fifteen members.
For a variety of reasons, the present approach to setting the contract
price for fire services does not work. Proposition 13, the Augmentation
Fund created by AB 8. and other factors have made it impractical to have
a uniform methodology for establishing the price for fire services. In
order for the system to work, there needs to be uniformity,
predictability, and equity. The cost of fire services is a major
General Fund expense, but the City has virtually no control over it.
Staffs of the contracting cities and the County feel the only way to
reconcile everyone's desire to continue to have a high quality fire
department with cost containment is to reorganize the County Fire
Department into a Fire District. By doing that, the cities are equal
partners and share the responsibility for resolving the financial and
service delivery issues that must be addressed.
Fire Financial Equity Study
May 16, 1991
Page 2
At this point, there is an agreement in principal. The attached
resolution provides that the City Council would agree with studying the
feasibility of creating a Fire District. Also attached is a report
(Fire Financial Equity Study -- Phase I) which reviews the information
collected to date and outlines what needs to be done in order to further
study the feasibility of creating a Fire District. The County and
cities have agreed to set June 1992 as the target date for establishing
the Fire District.
Tustin City staff feels that the approach set forth in the resolution
and the attached Phase I study are in the City's best interest.
Creating a City fire department would be very expensive and not as cost
effective, unless the financial issues cannot be resolved through a Fire
District. We have every reason to believe that reorganizing the County
Fire Department into a Fire District will provide the means to control
the future costs of fire services and provide the community with high
quality fire services.
WAH Z, � K"
fireeq.wah
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RESOLUTION NO. 91-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AGREEING TO WORK WITH THE
COUNTY OF ORANGE AND THE FIRE CONTRACT CITIES TO
STUDY ALTERNATIVE ORGANIZATIONAL STRUCTURES AND
FUNDING MECHANISMS FOR FIRE SERVICES
WHEREAS, as part of the implementation of the Orange County
Fire Department Master Plan, the Fire Department requested in
July 1990,,that the fourteen contract cities implement new fees
for fire prevention and paramedic services; and
WHEREAS, the contract cities expressed concerns about
adoption of any new fees due to (1) rising costs for fire
services, (2) the cities' inability to control those costs and
the level of services received, and (3) the financial inequities
inherent in the current fire service system; and
WHEREAS, the contract cities requested that a study be
conducted before adoption of any new fees would be considered;
and
WHEREAS, on August 22, 1990, the Board of Supervisors
directed the County Administrative Office (CAO) to work with the
Fire Department and the fourteen contract cities to study and
make recommendations on financial equity and cost allocation of
fire services; and
WHEREAS, an Equity Study Steering Committee, consisting of
County management and the City Managers of the fourteen contract
cities, was formed in October 1990; and
WHEREAS, the Equity Study Steering Committee recommended
that a new organization structure be developed which will (1)
continue the regional approach to delivery of fire services, and
(2) provide joint control over the policy decisions regarding
fire services,
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY RESOLVE as follows:
1. The City of Tustin agrees to work with the County
and the thirteen other contract cities to study
alternative organizational structures and funding
mechanisms for fire services, in order to achieve
the following goals:
a. retain the regional approach to fire
services for the unincorporated area, all
cities within the structural fire fund, and
those cities on cash contracts;
b. continue to plan and operationally
administer the regional fire system on a
basis of providing services from the closest
resources regardless of governmental
boundaries;
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Resolution 91-74
Page 2
C. provide equal representation, to the extent
permitted by law, on a new regional fire
services governing board for all
participating agencies regardless of size;
d. provide a mechanism for future additions or
deletions of agencies from the regional fire
services entity;
e. develop an equitable long range financial
plan for allocating costs and providing
necessary funds for operational and capital
requirements that maintain the level of fire
services;
f. provide *an approach for the County and
cities to continue using mechanisms to
negotiate with developers for development
fee programs, and/or development agreements,
that provide funding for fire stations and
capital equipment requirements; and,
g. continue "level of service" planning using
CAO/forecasting and analysis center
population database and formulas to insure a
uniform level of service based on response -
time standards
2. Authorize funding for legal services, to be
provided by the firm of Rutan and Tucker, in an
amount not to exceed $500, to review and
recommend alternative structures and funding
mechanisms for fire services.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council held on the 20th day of May, 1991.
Mary E. Wynn, City Clerk
Charles E. Puckett, Mayor
FIRE FINANCIAL EQUITY STUDY
PHASE I
ly"RAMOM
FIRE EQUITY STUDY STEERING CO
MAY, 1991
TABLE OF CONTENTS
SUBJECT. PAGE NO.
EXECUTIVE SUMMARY ..................................... 1
INTRODUCTION .......................................... 2
BACKGROUND OF FIRE SERVICES ........................... 4
FACTFINDING .......................................... 6
CONCLUSION OF PHASE I STUDY ........................... . 11
NEXT PHASE OF STUDY ................................... 12
RECOMMENDATIONS ....................................... 15
APPENDIX
. Study Plan A
. Contract City Term Agreements B
. .History of Structural Fire Fund Revenue, by City C
. Distribution History of SDAF D-
•
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Summary of Legal Requirements E
. Fire Protection District F
. Joint Powers Agency G
1
FIRE FINANCIAL EQUITY STvuY
Executive summary
Financial equity an4 the County's methodology of cost
allocation have been of concern to the Fire Services
Contract Cities for the past few years. On August 22,
1990, the Board of Supervisors directed the County
Administrative Office (CAO) to work in conjunction with
the Fire Department and the Contract Cities to address
these financial equity issues. This was in response to
concerns expressed by Contract Cities over the adoption
of Fire Prevention and Paramedic Fee programs.
The CAO formed a Steering Committee consisting of County
management and the City Managers of the fourteen Fire
Services Contract Cities to initiate the study. During
the course of the study, the Steering Committee proposed
that the focus shift from a review of financial equity
issues to the development of a new organizational
structure. The concept of regionalized fire service was
supported by the Cities as satisfaction was expressed
with Fire Department services. The pressing concern of
the Cities was control over rising costs for fire
services and their inability to control these costs or
the level of services received.
Over the past ten years, the character and composition
of the Fire Department service area has changed
dramatically. When the department was formed in 1980,
the unincorporated area comprised 51% of the population
served by the Fire Department. Today, with the
incorporation of Laguna Hills and Lake Forest, this
percentage drops to 16.6%. Moving toward a new
organizational approach would benefit all parties in the
system by retaining the regional approach to the
delivery of fire services within the County.
This report summarizes the actions of Phase I of the
Fire Equity Study. It recommends that the purpose of
the study be redefined to the development of anew
organizational structure which retains the regional
approach to the delivery of fire services and that a
committee be formed to be jointly chaired by the.County
Administrative Officer and a City Manager. It also
recommends, discontinuance of the action to implement the
Paramedic Fee Program. Other specific recommendations
relating to the definition of Phase II of this study are
included in this report.
INTRODUCTION
BACKGROUND
2
On August 22, 1990,.the Board of Supervisors directed the County
Administrative Office to work in conjunction with the Fire
Department and Contract Cities to develop new methodologies that
address financial equity issues of the Structural Fire fund Cities
and to take into account equity and fairness of Cash Contract
Cities. The County Administrative Office was directed to report
back to the Board no later than May 30, 1991.
Pursuant to this direction, the County Administrative Office
formed a Steering Committee for this study, consisting of the
following members:
City Representative
Cypress
Dana Point
Irvine
Laguna Niguel
La Palma
Los Alamitos
Mission Viejo
Placentia
San Juan Capistrano
Seal Beach
Stanton
Tustin
Villa Park
Yorba Linda -
Darrell Essex
William Talley
Paul Brady, Jr.
Tim Casey
Pamela Gibson
Robert Dunek
Fred Sorsabal
Bob D'Amato
Stephen Julian
Robert Archibold
Terry Matz
Bill Huston
Fred Maley
Arthur Simonian
Steve Lewis
Larry Holms
The first Steering Committee meeting was scheduled in October 1990
at which time the County solicited input from Cities as.to issues
that should be included in the scope of the study. It was also
determined that a working committee (study team), consisting of
County staff from the CAO, Fire Department, and County Counsel
would be formed to provide information to the Steering Committee
A study plan (see Appendix "A") was developed, based on input from
the Steering Committee.
The Steering Committee and Working Committee met from October 1990
through March 1991. The County and the Cities reached agreement
in March as to the recommended direction of regional fire services
in Orange County.
3
REPORT OVERVIEW
This report offers a recap of the material provided to the
Steering Committee and highlights the major issues reviewed over
the past few months. This report is organized into four (4)
sections:
1. Overview of regional fire.services in Orange County.
2. Brief summaries of the major "facts" and information
provided to the Steering Committee.
3. Conclusions reached by the Steering Committee on Phase
I of the Study.
4. Phase II of the Study.
Study recommendations are offered by the Steering Committee for
action by the Board of Supervisors and all affected City Councils.
4
BACKGROUND OF FIRE SERVICES
The Orange County Fire Department had its beginnings in 1980 when,
after nearly 50 years of serving the County, the California
Department of Forestry (CDF) terminated its contract to provide
local fire protection services. The newly formed Department
continued to protect the unincorporated area of the County and
assumed responsibility for contract services formerly provided by
CDF to nine Cities. Included in the regional system were the seven
Cities which, at that time, were already within the Structural Fire
Fund (Cypress, Irvine, La Palma, Los Alamitos, San Juan Capistrano,
Villa Park and Yorba Linda), the Cities of Placentia and Tustin
which continued to be served on a cash contract basis, and the
unincorporated area of the County.
When the Department -was formed in 1980, it served a population of
513,150; annual response calls were approximately 25;000. In 1990,
the population served by the Department increased 53.8% to a total
of 789,035 with a corresponding 72.4% increase in volume of calls.
Five additional Cities now contract with the County for fire
protection services: three as the result of South County
incorporation (Dana Point, Laguna Niguel, and Mission Viejo), two
as the result of City.cost-saving measures to take advantage of the
County's regional fire protection system (Seal Beach and Stanton).
A -listing of contracts and terms of the Agreements is referenced in
Appendix "B."
Over the past ten years, the character and composition of the Fire
Department -service area has changed dramatically. Where the
unincorporated area comprised 51% of the service population when
the Department was formed in 1980, it now comprises only 28.8%*of
the population. With the incorporation of Laguna Hills and Lake
Forest, this percentage drops to 16.6%. Any future incorporations,
such as those in the areas of Santa Margarita and North Tustin,
would decrease the service in the unincorporated area to
approximately 12% of total population served by the Fire
Department.
Services provided by the Fire Department include fire, emergency,
medical and rescue, and fire prevention services. The Department
has a number of automatic and mutual aid agreements with other
jurisdictions for use and assignment of resources for daily
operations and in the event of major emergencies. The State of
California contracts with the Department for wildland fire
protection services to State Responsibility Areas located within
the County. Aircraft rescue fire fighting services are provided by
contract to John Wayne Airport.
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Other services include the Hazardous Material Disclosure Program
which provides an inventory of hazardous materials for emergency
responders. Two programs are provided which serve County
government functions, the Emergency Management Division (EMD) and
the Hazardous Materials Program office (HMPO). EMD provides
planning and training services to support the County's role in an
emergency preparedness program. HMPO provides county -wide planning
and coordination of hazardous materials related issues.
The Fire Department currently operates forty-seven stations
throughout its regional service area. Ten new stations and three
replacement or permanent stations are currently proposed to meet
service demands anticipated through the year 2000. Additional
equipment or upgrade from volunteer to career status is projected
for another four stations. Facility and land purchase for a
permanent Fire Headquarters have not yet been included in growth
projections.
0
FACT FINDING
The Steering Committee identified key issues and requested
background information to assist in evaluating financial equity
issues and formulating alternatives to the current system.
Steering Committee members requested that facts in specific areas
be developed as part of the evaluation and review process.
Key issues and a brief summary of the finding s are addressed
below:
FIRE DEPARTMENT FUNDING
Structural Fire Fund-(SFF):
The Structural Fire Fund (SFF) was created prior to the passage
of Proposition 13, as a means of charging a separate property tax
rate for structural fire protection. In addition to the property
taxes produced in the Structural Fire Fund area, the County
General Fund also provided a Watershed Subsidy, which represented
22% of the Fire Department's budget. This subsidy was deleted
after the passage of Proposition 13.
Prior to the passage of Proposition 13 in 1978, the tax rate was
levied equally on all property in the SFF area. Proposition 13
caused a dramatic change in the way property tax was levied and
allocated. Rather than each property paying the sum of the
various tax rates of the governmental agencies serving the
property, now each property pays a total basic rate of 1% of its
assessed value plus the amount needed to cover voter -approved
debt. The Fire Department's share of the revenue generated by
the 1% levy is distributed using tax factors calculated in
accordance with Revenue -and Taxation Code Sections 95 through
100.
Each city in the SFF and the unincorporated area contributes a
different percentage of its property taxes into the SFF. The
amounts distributed to the SFF vary due to the different
jurisdictional configuration of taxing agencies within cities and
the unincorporated -area. SFF tax distributions by jurisdiction
are reflected in Appendix "C."
Special District Augmentation Fund (SDAF):
The Special District Augmentation Fund (SDAF) was created by the
State Legislature to solve the long-term financing problems of
local governments resulting from passage of Proposition 13.
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Thislegislation (AB8) was the permanent funding mechanism to
obtain fiscal solvency for local governments by shifting funding
from school districts to non -school districts. To accomplish this
permanent "bail out," the Legislature shifted property taxes from
school districts to non -school district local governments, and
assumed the funding of this portion of school district revenues
directly from the State's General fund.
Contributions were determined by computing a factor for each
special district based on the ratio of the amount of bail out
received in FY 1978-79.
The intent of the Special District Augmentation Fund is to give
the Board of Supervisors discretion in determining how to
allocate the funds to best meet the needs in each County. The
Orange County Board of Supervisors has retained this flexibility
each year by not committing itself to any allocation based on
formula. This is in recognition that priorities change each
year, and flexibility must be retained to allocate the
augmentation funds where the need is the greatest.
Historically, the SDAF has been used to balance the Fire
Department's budget and is a significant source of revenue in
funding operating and capital expenditures. Over the past
12 -year history of SDAF, the Fire Department has.received $17
million in excess of the contribution (see Appendix "D" for
funding detail). The 1989 Fire Master Plan projected that the
Fire Department's needs would be greater than their contribution
through the year 2000.
Fire Prevention and Paramedic Fees
On July 18, 1990, the Board of Supervisors adopted a Fee Schedule
for Fire Prevention, False Alarms and Miscellaneous Services in
an effort to provide reimbursement for specific fire services.
On August.22,. 1990, the Board of Supervisors adopted Resolution
No. 90-1129 approving a Fee Schedule for Paramedic Services.
Both fees are slated to become effective on July 1, 1991. Cities
have expressed a willingness to go forward with implementing the
Board -approved Fire Prevention Fees; however, have expressed
significant concern with adopting the proposed Paramedic Fees.
FIRE DEPARTMENT COST ALLOCATION PLAN
Four Cities within the regional fire system, Placentia, Seal
Beach, Stanton, and Tustin, pay cash for services, while services
to the ten remaining Cities and the unincorporated area are
funded through the Structural Fire Fund. The Cost Allocation
Plan (CAP) was established in 1981 as a method to allocate costs
to the Cash Contract Cities on a fair and equitable basis. The
secondary purpose of the CAP was to identify appropriate charges
to the Cities in the Structural Fire Fund should there be funding
deficits.
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The,CAP is based on the underlying premise that all Cities and
the unincorporated area of the County are members of a system
that provides a proportionate level of service to each entity.
The formula distributes costs to the Contract Cities and the
unincorporated area by equally weighing the following four
factors:
Population
. Assessed Valuation (improvements only)
. Alarms
. Area in square miles
The reality of growth and need for service has made cost and
revenue equity throughout the system very difficult to achieve
and maintain. The Fire Department's service area has experienced
growth in geographic size, population, and number of Cities
served. In addition, the personnel, equipment and supplies
necessary to support a dynamic organization have increased both
in numbers and in costs. Growth, largely in South County, has
contributed to cost increases to Cash Contract Cities without
corresponding increases to level of service. There are a number
of shortcomings in the CAP approach to allocation of costs that
limit its continued applicability as a cost allocation
methodology.
COUNTY -WIDE COST ALLOCATION PLAN (CWCAP)
The County -wide Cost Allocation Plan (CWCAP) is used to identify
and allocate the costs of various County -support Departments to
benefiting County Departments. The plan is prepared by the
Auditor -Controller under the guidelines of the State and Federal
governments and is audited annually by the State Controller's
Office.
CWCAP costs are billed to all funds outside the County General
Fund as directed by the Board of Supervisors. Each support
Department's costs are allocated using an allocation base that
most equitably allocates its costs. To prevent any double
counting of costs, CWCAP costs allocated to Departments are net
of any direct billings made during that fiscal year. The Fire
Department's FY 1990-91 CWCAP charge was $735,000; charges for
County services provided directly to the Fire Department were
approximately 3.6 million.
ORGANIZATIONAL ALTERNATIVES
The Working Committee identified various organizational options,
each of which offers benefits to certain participants of the
current system. These five alternatives were:
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Alternative 1. One or more Cities withdrawing from the
Structural Fire Fund to provide their own fire
services.
Alternative 2. One or more Cash Contract Cities joining the
Structural Fire Fund.
Alternative 3. One or more Structural Fire Fund Cities become
Cash Contract Cities.
Alternative 4. One or more Cities form a new fire protection
district(s) to provide their own fire service.
Alternative 5. Dissolve the current system with formation of one
or more new fire protection district(s).
A summary of these alternatives and the requirements for each are
displayed in a matrix referenced as Appendix "E."
As the study progressed, the Steering Committee determined there
was a need to focus on specific organizational options identified
as follows:
Option 1. Leave Structural Fire Fund as is.
A. Mixed -Cash Financing and Tax Financing
( Current) .
B. Convert Cities to Cash Financing.
C. Convert Cities to Tax Financing.
Option 2. Form a New.Fire Protection District:
A. Governed by Board.
B. Governed by Participants.
C. Governed by Cities.
Option 3. A Joint Powers*Agreement.
The Steering Committee agreed that Option 2B, form a New Fire
Protection District, is the preferred option. Option 3, form a
Joint Powers Agreement, is the secondary option (not supported by
all Cities). Reviewing and evaluating the range of these two
options will require additional research.
LEGAL REQUIREMENTS OF OPTIONS
The legal requirements relating to the formation of alternate
organizational structures was developed by County Counsel.
The organization and powers of Fire Protection Districts are
created by a vote of the citizens and possess the powers
allocated by law to such a district. The governing body can be
an independently elected board, a mix of City and County
officials, or the Board of Supervisors.
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The organization and powers of Joint Powers Agreement (JPA) are
created by formal agreement of public entities and filed with the
Secretary of the State, thereby creating a separate legal power.
The governing body is designated by members of the.J.P.A.
Appendix "E" describes a Fire Protection District, including
formation procedures, composition of the Board of Directors,
powers and financing. Appendix "F" describes a Joint Powers
Agency, including the same descriptions.
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CONCLUSION OF PHASE I -STUDY
During the course of the study, the Steering Committee proposed
that the focus shift from a review of financial equity to the
development of a new organizational structure. The concept of
regionalized service was supported by the Cities and satisfaction
was expressed with Fire Department Services. The more pressing
concern of the Cities was control over rising costs for fire
services and their inability to'control these costs or the level
of services received.
In reviewing alternative organizational structures, there appear
to be more advantages than disadvantages for the County and the
Cities to move forward to a new organizational approach. The
County of Orange has changed significantly since the current fire
delivery service was put into place, 10 years ago. Since that
time, the unincorporated area of the County has dwindled
significantly, due mainly to South County City incorporations.
The most recent incorporations of Lake Forest and Laguna Hills
will leave the County unincorporated population at approximately
156,000.
The Contract Cities feel they do not have control over funding or
service levels for the provision of regional fire services which
impact their city population. The'Steering Committee feels that
the needs of all interested parties can best be met by the Cities
and County working together on this regional issue.
There are potential disadvantages for the County, such as: .the
County's loss of discretion over the total allocation of SDAF and
the potential loss of County -wide overhead paid by the Fire
Department. Also to be considered, is the complexity of the
issues of transition to a new system of fire service delivery;
nevertheless,, working jointly with the Cities will offer the
following advantages, which appear to outweigh potential
disadvantages:
Continues a regional approach to delivery of fire
services.
- Allows the County and the Cities to review the
basic funding mechanisms necessary to provide
fire services and to evaluate the best organizational
option from a fiscal perspective.
- Provides joint control (Cities and County) over the policy
decisions regarding fire services.
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NEXT PHASE OF STUDY
The Fire Service Contract Cities, the Fire Department and .the
County Administrative Office have determined, over the past
several months, that with the County's shrinking unincorporated
area, it is time to consider transition to an.alternate
organizational structure which shares decision-making for regional
fire services. During the next phase of the study, Cities and
County will jointly study alternative organizational structures
and funding mechanisms to achieve the following goals:
1. Retain the regional approach to fire services for the
unincorporated area and all Cities within the Structural Fire
Fund or those Cities which purchase services on a contract
basis.
2. Continue to plan and operationally administer the regional
fire system on a basis of providing services from the closest
resources regardless of government entities' boundaries.
3. Provide equal representation on new Regional Fire Services
Governing Board for all participating agencies regardless of
size within the limitation of statutes.
4. Provide a mechanism for future additions or deletions of
agencies from the Regional Fire Services entity.
5. Develop an equitable long range financial plan for allocating
costs and providing necessary funds, (i.e., property taxes,
special district organization, fee programs, contracts, etc.)
for operational and capital requirements which maintain the
level of service for Fire Services.
6. Provide an approach -for County and Cities to continue using
mechanisms to negotiate with developers for Development Fee
Programs and/or Development Agreements, which provide funding
for Fire Stations and capital equipment requirements.
7. Continue "Level of Service" planning using CAO/Forecasting &
Analysis Center population database and formulas. This
provides for a population/geographical basis for planning a
uniform level of service.based on response -time standards.
These goals will set the stage for "Phase II" of the Board of
Supervisors directed Fire Financial Equity Study. The scope of
Phase II of the study will focus on organizational alternatives
for future regional fire services in the County of Orange.
The issues envisioned for the second phase of the study would
include, but are not limited to, the following:
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1. Fire service organizational alternatives.
- Evaluate options, with advantages and disadvantages.
- New Fire Protection District (First Option).
- Joint Powers Agreement (Second Option).
2. Placement of functions provided for County government, which
are not' directly related to fire protection.
Emergency Management Division.
- Hazardous Materials Program Office.
Hazardous Materials Disclosure office.
- Weed Abatement Program.
3. Fire protection services which the Fire Department provides
under contract(s).
- California Department of Forestry.
- John Wayne Airport Crash/Fire/Rescue.
- Four Cash Contract Cities.
- Joint Powers Authority and Mutual Aid.
County Island Fire Protection.
4. County services for which the new organization may wish to
contract.
5. Fire Department support services.
County support, including Auditor -Controller, General
Services Agency, County Counsel, Health Care Agency, Risk
Management, Personnel.
6. Fire Department financing issues.
- Budget.
Accumulative Capital Outlay Fund.
-- Special District Augmentation Funds.
Redevelopment Pass Through Agreements.
7. Personnel and Asset issues relating to transition.
- Staff issues, including retention, training, benefit
coverage, seniority, recruitment, and employee unions.
- Transfer of fixed assets, property, and controlled
equipment.
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The specific tasks to be undertaken by Phase II of the study will
be identified, jointly, by the County and the Cities. A study
plan will be developed, the Steering Committee will continue to
meet, and the Working Committee will be expanded to include staff
from the Cities. The time -frame of the study will include
quarterly progress reports to the Board of Supervisors and City
Councils. The goal of this study will be to put the new structure
in place by June 30, 1992.
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RECOMMENDATIONS
1. Redefine the purpose of the Fire Equity Study to study
organization alternatives and funding strategies for the
future.
2. Direct that the study be co-chaired by the County
Administrative officer -and by a City Manager, designated by
the Fire Services Contract Cities.
3. Establish in the study a transition plan which, as a goal,
will put the,new structure in place by June 30, 1992.
4. Direct the Fire Department to contain.or reduce costs within
the existing level of service; assure SDAF funding to the Fire
Department equal to the Structural Fire fund contribution
during the study and transition period.
5. Extend existing fire services City contracts on a year -by -year
basis during the study and transition period and retain any
new city incorporations within the Structural Fire Fund.
6. Direct the Fire Department to -proceed with action to implement
Fire Prevention Fees in the unincorporated area and Fire
Services Contract Cities effective July 1, 1991.
7. Rescind Resolution No. 90-1129, which implements Paramedic
- Fees.
APPENDIX
APPENDIX A
F1 SERVICES FINANCIAL EQUITI UDY
STUDY'WORKPLAN
I. PURPOSE OF STUDY
To evaluate the financial equity issues of regional
fire services provided by the County of Orange; to
develop methodologies that address financial equity
issues of structural fire fund cities, cash
contract cities, and the unincorporated area of the
County.
II. FACT FINDING
1. Review the historical basis for the existing
fire fund financing and service delivery.
2. Compare Fire Department Revenue (such as property
tax distribution, fees, cash contracts) to the
costs of fire service (such as type, geographic
area, unit cost).
3. Determine the legal, financial and political
implications of: distribution of funding,
city(ies) withdrawing from the Structural Fire
Fund, forming a new Special District.
4. Review Special District Augmentation Funding legal
basis, contributions, and distribution of funding.
5. Develop a comprehensive listing of services
provided by the Fire Department.
6. Review the formula by which Cash Contract
Cities are charged for fire services.
7. Review -the impact of redevelopment pass-through
agreements.
8. Identify new/planned fire stations and estimated
shortfall until revenue supports fire services
provided.
III. ANALYSIS/EVALUATION
A. Determine and review the Policy Issues relating to
the above findings.
B. Develop alternatives for financing services
provided to the Fire contract cities and the
unincorporated area.
C. Determine options for City representation in.
future decision making on Fire Services issues.
2
D. Prepare various scenarios for funding of the
Regional Fire Service Program.
E. Prepare an analysis of the cost, funding and
services provided through the regional approach to
service provision, including fees for service.
F. Prepare an analysis of County -Wide Cost Allocation
Plan (CWCAP) charges and overhead in relationship
to financing of Regional services.
IV. METHODOLOGY
A. Survey other comparable Fire Service jurisdictions
to assess organizational structure, types of
service provided and financing methodologies.
B. Survey Fire Service providers, County -wide,
including Cities that are not involved in the
Regional System.
C. Solicit City suggestions/comments for increasing
financial equity.
D. Review the 1989 Fire Master Plan Study.
V. STUDY TEAM AND STEERING COMMITTEE STRUCTURE
A. County Study Team Members:
Karen Davis, CAO - Team Leader
Susan Steinfeld, CAO
Ken MacLeod, Fire Dept.
Joan Steiner, Fire Dept.
Kevin Brame, Fire Dept.
Steve Lewis, Auditor -Controller
Vic Bellerue, County Counsel
B. Steering Committee Members:
Ernie Schneider, CAO
Murry Cable, CAO
Ron Rubino, CAO
Steve Lewis, Auditor -Controller
Larry Holms, Fire Department
Vic Bellerue, County Counsel
Darrell Essex, City of Cypress
William Talley, City of Dana Point
Paul Brady, Jr., City of Irvine
Tim Casey, City of Laguna Niguel
Pamela Gibson, City of La Palma
Robert C. Dunek, City of Los Alamitos
Fred Sorsabal, City of Mission Viejo
Bob D'Amato, City of Placentia
Stephen B. Julian, City of San Juan Capistrano
Bob*Archibold, City of Seal Beach
Terry Matz, City of Stanton
Bill Huston, City of Tustin
Fred Maley, City of Villa Park
Arthur C. Simonian, City of Yorba Linda
3
C. uistribution shall include Bill Hodge, Orange
County League of Cities.
D. City Working Committee Members:
If needed, Cities will appoint later in
the process.
VI. SCHEDULE
A. Board of Supervisors directed study 08-22-90
B. Information Gathering 10-1-90 to
1-31-91
C. Meet With Cities As Needed from
10-90'to 5-91
D. Develop Draft Scope of Work 12-18-90
E. Distribute Scope of Work 12-19-90
F. Develop Report Outline 01-22-91 to
01-29-91
G. Distribute Report Outline to
KD:ekr/000536
5-1-91
Steering Committee
1-30-91
H.
Meet with Steering Committee
to present Progress Report
02-06-91
I.
Develop Draft Report
04-08-91
J.
Meet with Steering Committee
to present Draft Report
04-17-91
K.
Incorporate'Steering Committee
04-18-91 to
Input into Report
04-30-91
L.
Meet with Steering Committee on
Final Report
05-1-91
M.
Make Final Modifications to the
Report
05-08-91
N.
City Council Approve Study/Concept
Prior to
5-31-91
O.
Brief Board Offices on Report
05-20-91 to
05-30-91
P.
File Final Report with Board
06-03-91
Q.
Board Action
06-11-91
KD:ekr/000536
5-1-91
APPENDIX B
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APPENDIX F
FIRE PROTECTION DISTRICT
(The Fire Protection District Act -of 1987)
(Health and Safety Code Section 13800 et seq.)
FORMATION PROCEDURES
Resolution of proposal by governing bodies required
(i.e. boundary, financing, board of directors, any
"divisions" or "service zones", etc.).
LAFCO process with approval either wholly, partially
or conditionally required.
Election called by BOS.
Majority approval of electorate required.
Election costs borne by BOS if unsuccessful.
COMPOSITION OF BOARD OF DIRECTORS
No more than 11 members are permitted.
e - If elected, directors may be "at large" or possibly
"elected by divisions" established by population,
community of interest, topography, geography,
cohesiveness, contiguity, integrity and compactness
of territory.
IF I) Unincorporated area only, the Board may be:
The BOS itself or may be elected or appointed by
BOS.
A Fire Commission can be delegated powers.
IF 2) Unincorporated area and Cities, the Board may be:
The BPS itself'or may be elected or.appointed,
provided each entity has at least one member and any
appointments are to be made according to the share
of population.
IF 3) One City, the Board may be:
The Council itself or may be elected or appointed
by Council.
A Fire Commission can be -delegated powers.
IF 4) Two or more Cities, the Board may be:
- Elected or appointed, provided each city has at
least one member. Appointments are to be made
according to the share of population.
POWERS
There must be an odd number of members.
It is a separate legal entity with the usual
governmental powers such as the power to acquire'
property, hire staff, sue and be sued, enact taxes
and special assessments, etc.
It may enact ordinances, rules and regulations.
It may enact a fire prevention code by reference.
and more stringent building regulations if ratified
by the city and/or county, except, it can mandate'
.residential sprinklers
It can contract to provide services outride its
territory if payment in advance is made.
Service zones may be created with different
services, levels of services, additional -revenues
and/or methods of financing the zones.
Negotiated or mandated property tax allocation,
transfer of assets (Rev. & Tax. Code Sec. 95 et
seq.) ..
Fees for services with limit re facilities
and equipment.
Temporary borrowing.
Special taxes, assessmdnts and bonds in
accordance with the following:
1) Special Taxes
(Govt. Code Sec. 50075 et seq. )
2) Mello -Roos Community Facilities Act of 1982
(Govt. Code Sec. 53311 et seq.)
3) Police and Fire Protection Special Taxes
(Govt. Code Sec. 5 3 9 7 8 )
4) Fire Suppression Assessments
(Govt. Code Sec. 50078 et seq.)
5) Improvement Acts Assessments
(Health & Saf. Code Secs. 5000 et seq.,
8500 et seq.; Sts. & Hwys. Code Sec.
10000 et seq.)
6) General Obligation Bonds
(Health & Saf. Code Secs. 13925, 13928)
Limit on property purchase indebtedness.
Development fees for facilities, etc. questionable.
APPENDIX G
JOINT POWERS AGENCY
(Government Code Section 6500 et seq.)
FORMATION PROCEDURE
By formal agreement of two or. more public
entities.
Filing with Secretary of State required.
COMPOSITION OF GOVERNING BOARD
POWERS
Must be designated by the member public entities.
It may be one or more parties, a commission or
board.
The Agency is a separate legal entity.
The Agency can.exercise any powers common to the
member public entities.
The Agency itself may exercise usual governmental
powers (except taxation and possibly assessments)
such as the making of contracts, employment of
staff, acquisition of property, incurring of debts
and may sue and be sued.
Powers are subject to'restrictions upon the
manner of exercise of one of the member entities.
The separate entity or any member public entity
may be given responsibility for the administration
of the . Agreement .
The Agency Board may delegate its functions to an
advisory body or administrative entity for program
development and/or implementation and policy
formation.
A treasurer shall be designated and must be
bonded.
An auditor or controller shall be designated, who
-- shall be a member public entity employee if the
treasurer is an outside C.P.A.
Budgets- must be approved by the Agency Board.
FINANCING
Is made by member public entities with funds,
personnel, equipment, property and/or services.
Investment of surplus funds may be made.
The Agency may issue revenue bonds for facilities'
✓ in accordance with Government Code Section
6540 et seq.
The Agency may assume debts of member entities.