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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2E 24 2P 2( X 21 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22P 24 2! 2( 2P, 21 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- • - 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. 5 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. 7 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. 8 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: 9 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. 10 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. 11 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. 12 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: 13 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. 14 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. 15 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 10 00 ce) d' O M d' d' CD I, M 7-4 C+0 It It C7 x 14 x I x x x x x x 0 0• O O O O O 0) O (M G) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M C7 M M C'7 M M M M ch 07 M \ \ \ \ \ \ \ \ \ \ \ \ \ \ co co cO CD cD to to cD to cD O co O cD U U U U U U U U c c 0 c cza o U '� cz ...4 -v ac .4-1 a a cz cocu") cc -0, pa cz U)c U A 3 1 3 5 a—, n u) �n H� �• w 1•- Z W i F- OC Q a W p W OC LL 1� =Z U W L.7 Z Q CC O L) .0 0- :3 •C a OJ Y- H a 1]C �O a N M .t 611 .O r V- N N N N 114 APPENDIX C --------------- ---------------- — — — — — — — — — — — .O ti CO M CO M O• 'O O pCpp. N -- 7-7 - ti 11 1 11 P : r V1 .- O• 0CQQ yy11 O N 1 O. 11 CO 11 - OIL I 1` 1 4/ 1 1 w 1 O NO --! 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L > . 1 1 J u J N> )0- M O. N LA a O• �- C. H a 1]C �O a N M .t 611 .O r V- N N N N 114 APPENDIX C N Q LLC V1 •O N LNA VM1 M M NO In 1 r r r N a — — — — — 6 6 — — — — — — — — — — — .O ti CO M CO M O• 'O O pCpp. N -- 7-7 - ti 11 1 11 P Cl) i w ? 1!1 ", CNO P CoO P N /1 - OIL I 1` IA 1 •O II \ K w Iti7 •co i d 4) O 1 00 In 4:0 %0 �T M NO O (, � r V- 11 CO 11 M \ 1 L > �t 1 1 • 4) v 1 .t .: NO If% O Q 1� R- M N1` N CO N �1 O II "t c 1 p IY 1 . . E N a J C d to O 1 1 1 r •O N W r- •O / (N.II 1 N 11 L- CLL- M 90>- O c L> IO - O r C C 1 r O O 1 N r 00 CO :` �Q O �t QO 1 M O O• •O CO Q7 V1 N N> Y- Z r 1 •� • 1 (� N .! O VP` f` M In O• r w w w 1 10 x 1 . N O M L •O C N d �! O- N �O i r N 11 r N 11 a w O 1 1 c �- NO 1 tiO CO O In 't — N1 W- �t N M O M — 1 r 11 v 1 1 E w 1 . . . . . r r. ' O M N . N O 1 . 11 / M 11 aL 1 0) C r 7 O r r 11 1 Q U 1 1 11 1 11 1 1 1 r -f O 2 •O M In M M M ti � Q 1 In It 11 1 1 1 Q! 1 r `o P g—pQ. �t M M -t O on 0 P O• %0 �t IA 't 1 41it w .%. 1 . . • . . .- �t N N O_ �t A A . . P 1 . 11 L O 11 i > ►- i NO ,000 •O V% 't N V1 �t 0o 1 N It 1 LY 1 r N N 'O Ll M �! •O 1 IA 11 1 1 W 1 LA 11 — — — ---------------- 1 1 8 11 1 1 M 'tIA O Z�pQ V1 N %0 V\ �O 1 N11 1 co 11 1 dt r r w O• N 9— N �O N CO N M %t %0 '40 %t 00 4V0 d O 1 L. N C M pQ.. M O• LO O r N 1 r' II CD 00 W v N •O N �O P 1 11 p Cr ti 1 . 11; 1 O• II II 1 1 r r 1 C CL 1 P N N 00 N S 1 O• CO ti 11 1 O O 1 CO V- N M 0. N O 1 M II O O• \ r •.- 1 x 1 IA ti 1 S � a CO N O O. r N M O (` ,0 1 V\ II co 61 O 1 1 C •� •O 1 .t M 00 -.t M O M O N M O• 00 1 NO 11 1 L v 1 . . • . • . r r r 00 N r . C 1 11 1 N C 1 r 3 0 1 11 1 11 1 < V 1 r I N (� r- N .O O V1 O a %O M W- 1 n 1 �C 11 1 IA II 1 1 / IV-+ 1 O 00 M LA NO O• C C Lr "It CO It O 1 O 11 1 3 L9 1 1 C w .- 1 . . . • • O .t a CO �t 00 N `O . 1 11 i MV� 11 1 4) O v 1 1 > h- 1 Co N M �t M O O� ;t V1 N "O f` %T N00 f• 1 4) 1 1 Cr 1 . . . . . . r r N �t �t N . CO 1 ► II 1 f` II ------------------- :------------------r O O 1 S N O O• N co 1 CO 11 1 d 1 w 3 r N N O• M IA NO O 00 NO O• O .O 1 1 u C K 1 • •• .. 1 0 0 O 1 M V1 � O O• V1 N r` 1 .O 11 1 L > �t 1 OP rn 00 •O NW— N 00 of • 0) v ; N IA N IA �- M V\ P 1 II I•- 1 poe 1 V1 •O 1 'O 11 < 1 1 1 r 11 1 1 r C C r .� N M N O S co 1 11 1 ti II L m N 't q- q- 1 M 11 4! O• 1 •� •-- 1 N 1 N V\ O N c 0 V1 1 r II Y CO r w w �. 1 1 t0 x 1 . • • O M N O• r 00 CO Cp • N N 1 . 11 1 O 11 11 w C 1 w 0 1 1 C %0 / N a %t N S O 00 M CO M CO N a N 14' I N V1 II 1 L v 1 N O r S 11 10.. L- LL. LL. 1 0) C 1 r 1 N 11 3 / 3 O 1 r 111-j <u 1 - 1 11 'p C 1 1 O• O• In •O OQ O� O M `O P O NO 0%a L LA 11 i 11 O IA O a (� 00 �C04 co p0 1 C w q- 1 r v O v I d a LO V1 V-O M 00 (• NO O �! M 1 It i 11 J r > 1-- 1 V1 V1 .t %T W M 1` -t 1 CIC 1 �- r' M_ M I` 1 O 11 L — — 1 II O • — — -- — 1 r — — — — — — — — — — 1 11 L 1 1 O • O N N Q 'O �r M O. 1 M 11 •- 11 LL W- O� M •O N O 1 0-41 w 1 1,4 1 N %t . . . r d w O 1 O. 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N O O m N O cc ~ Af .Oi 10 M M M = O O O O eO�f pf �.S O cn ~ N N M M M SO n.. O O� ' 0 of a at Oct N = M M O N M of O O N � H a CK N M M SM O 4 O O O N N OOi .. 1 Nq ^ N M8 00 N O pM O O O 4 . O .�. .Or M M O O M O f � O O N O� n O N M N r► 4 O S O N O H p N N M M O O w1 N 'Co. 4 ^ N w M N r► O O N ^ O �: pO O .r �O qr N M M M. O O wf O wf O 1 A N Owl ^ N M M M O on ~O 3� e a, ]L. ob low ^ m ^ A ..r M APPENDIX E b U a w a� d o 4a 0 V4) to to v0�clo cob a 0 oA ^off m Vb 0 �4A�� 44 (A M 0 rsw m� o H 5 ate �4� vU w.� 1 . a► . a � b 0 0 40 mo40 a'6 b u 0 cnC� CZ cz u eN a to O ae O w O C O O V o .� `Zcz o ++ w O 'd O u .� ow .� EO OOQOU .� tr."" ia„ 1 i. 4 U) r3 O o �0�3 ° ai �O c°�� �O v �o 0 cin � C1 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.