Loading...
Resolution Number 93-4-20-2291 RESOLUTION NO. 93-4-20-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, 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 San Juan Capistrano by the adoption of its Resolution No. 93-4-20-.4, dated April 20, 1993, declared its intent to join with other Orange County cities and the County of Orange in the formation of an independent fire protection district, 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 the City of San Juan Capistrano, reviewed the proposed terms and conditions as contained in Attachment A: ,unty Understanding For The Formation Of An Orange Countv Fire District, does 1. Support special state legislation for the purpose of creating the District effective no later than January 1, 1994; and, 2. Approve Attachment A: the Formation Of An Orange Count} 3. Request the Orange County Local Agency Formation Commission 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, -I- 292an of ATTEST: Request the Orange County LAFCO to include all of the territory within the boundaries of the City of San Juan Capistrano within the fire district and its Sphere of Influence; and, 5. 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 the City of San Juan Capistrano, 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. PASSED, APPROVED, AND ADOPTED this 20th day ril . 1993. -2- ES, MAYOR E'ID STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-4-20-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of April , 1993, by the following vote: AYES: Council Members Nash, llausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) rl�i1�/tel CHERYL JOHNSO CLERK -3- 294`V. A CITY / COUNTY UNDERSTANDING ON THE FORMATION OF AN ORANGE COUNTY FIRE DISTRICT March 11, 1993 The Orange County Cities and the County 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 the formation of the Orange County Fire District. This understanding generally pertains to the following subject areas only: 1. Risk Management/Liability 7. Governing Board 2. Asset Transfer 8. Cash Contract Cities 3. Fire Station Headquarters 9. Equity 4. Property Tax Transfer 10. Services to be Assumed 5. Development Agreements 11. District Formation 6. Special Legislation 12. Transition Team RISK MANAGEMENTA IABQ..I'I'Y (TORT & WORKERS COMPENSATION CLAIMS) The Fire District shall assume responsibility for incidents that occur on or after the official date of District formation. The County shall retain responsibility and liability for incidents that occur prior to the date of District formation. The County shall retain all reserves that have been set aside for prior incidents. ASSET TRANSFER 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 County, or the County through the Fire District, shall repay prior County General Fund cots for fire assets over a multi-year period of $14.5 million, and acknowledge that repayment began in fiscal year 1992-93. The County understands that neither cities' or cash contract cities' assets of any 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 unencumbered to the new district. 662Chrrewt R $95 FIRE STATION HEADOUARTERS ' The Cities understand that since there will be a period of time before a district can be formed and become operational the County will continue to pursue options for the disposition of the Headquart,�r< property and the acquisition of replacement property. Any proceeds that might be obtained by disposition of the Headquarters property shall remain with the Fire Department and shall be transferred to the District. The County shall involve Cities in any and all disposition matters prior to district formation. Nothing related to the disposition of the Water Street Property shall be forwarded to the Board of Supervisors without the Cities' concurrence. PROPERTY TAX TRANSFER After the official date of the Fire District's formation, there shall be a property tax transfer of all SFF and the SDAF contributed by the SFF to the SDAF, in accordance with the formula set forth in Revenue and Taxation Code Section 95 et seq. and Health and Safety Code Section 13896. After official formation, the Fire District shall receive all property taxes levied on its behalf without any contribution to the SDAF. All parties understand that the property tax (including SFF and SDAF) may be subject to statutory elimination or reduction, and that the County general fund shall not be responsible for replacing any funding loss. DEVELOPMENT AGREEMENTS Prior to District formation, the County and the Cities shall not approve any new development agreements or modifications to existing development agreements to the extent that fire services 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 jointly seek and support the approval of special state legislation to form the District. GOVERNING BOARD The Board of Directors of the Orange County Fire Protection District shall h :e seven members. The governing bodies of the County and the 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 selected and appointed by the Board of Supervisors and shall be current members of the Board of Supervisors. The County at all times shall have a permanent representative as a member of the Board of Directors. The boardmember and alternate appointed ICity / County Understanding: Omnge County Fira District Page 2. 296 by the County shall serve a four year term from the date of appointment to January 10 of the fourth following year. The remaining sir members and their alternates shall be selected and appointed by the City Councils of the Cities within the boundary of the Fire District. Both shall be City 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 opportunity to designate a member from their jurisdiction and there is continuity of representation. This method shall be set forth in the LAFCO terms and conditions, in any transition agreement, or as otherwise agreed to by the member cities. Member cities without present representation on the Board and cash contract cities are 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 County will limit annual cost of service increases or decreases to the cash contract Cities to an v amount equal to the annual change in the cost of operations calculated with methods currently used by the Fire Department. EQUITY The County and the Cities shall be member agencies in equal standing in the new Fire District. Any adjustments in future cost to any member agency 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 equity for any member agency or a cash contract City for a period of three years from the date of formation of the District. Any changes in non -property 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 by 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 majority vote of member agencies unless a higher level of participation is required by law. City / County Unde—ran&ng: Orange Caw , Fire Dirnice Page 3. J 297 DISTRICT FORMATION District formation shall be as set forth under special legislation. SERVICES TO BE ASSUMED Prior to Fire District formation, the following services or divisions shall be assumed, downsized or eliminated by the County in its discretion: 1. weed abatement 2. Emergency Management Division (EMD) 3. Hazardous Materials Programs Office (HMPO) TRANSITION TEAM County and City staff shall work together on major transition issues, such as : headquarters location and continuing tenancy, all major administrative, financial and service policy 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 County Negotiating Team COUNTY: Dated: 1993 Ciry i County Undemanding: Omnge County Fin Duinct Tim Casey, City Mgr., Laguna Hills Chair, City Negotiating Team County of Orange, a political subdivision of the State of California U9 Chairman of Its Board of Supervisors Page 4. Signed And Certified That A Copy Document Has Been Delivered To The Chairman Of The Board APPROVED AS TO FORM: ( Terry C. Andrus, County Counsel ( CITY: Dated: ATTEST: 993 APPROVED AS TO FORM: Phyllis A. Henderson Clerk of the Board of Supervisors By Carol D. Brown, Deputy Dated: , 1993 City of MAYOR City Clerk City Attorney Dated: 1993 California This City / County Uamtanding. Orange County Fire Dumcr Page 5.