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Home My WebLink AboutCC Res 4218 1993-04-26 I I I RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ENDORSING PROCEEDINGS TO FORM THE ORANGE COUNTY FIRE PROTECTION DISTRICT AND AGREEING TO PARTICIPATE IN ACTIVITIES THAT SUPPORT DISTRICT FORMATION Whereas, e City of Seal Beach by the adoption of its Resolution No M, dated declared its intent to join with other Orange County cities d the C nty of Orange in the fonnation 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 perfonned by the Orange County Fire Department; and Whereas, a primary purpose in fonning 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 fonnally 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 Seal Beach, having reviewed the proposed terms and conditions as contained in Attachment I~ City / County Understanding On The Fonnation Of An Orange County Fire District, does by this resolution hereby' I. Support special state legislation for the purpose of creating the District effective no later than January 1, 1994; and 2. Approve Attachment A: the City / County Understandin~ On The Fonnation of An Orange County Fire District: and 3. Request the! Orange County Local Agency Fonnation Commission to initiate proceedings to form the Orange County Fire District pursuant tc 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 4. Request the Orange County LAFCO to include all of the territory within the boundaries of the City of the City of Seal Beach within the fire district and its Sphere oflnfluence; 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 fonnation of the District. and 6. 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 Seal Beach and all other sponsoring agencies, and Resolution Number 41~/~ 7. Agree to pay a proportionate share of the expenses associated with fonnation 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 meeting thereof held on the 1993 by the following vote: ~ the City Council of the _ day of each at a AYES: Councilmembe NOES: ABSENT: Councilmember ,/ I _ ~.uo....'/ JA "";' ~,-' ayor ~~~~'\\\, fo:i SEAl. 8~\11 _ ........ f:'~ '1 ;~ ...f.Q~'OIt4;.. ~ l~ ::Ft:; .0,+ "Q'.. 'So ~. ~ . . ~. ~*: ~'l."'~ ~ 0 : : <~ . ._z ~"'~o ti:~I2 \".,. ..~'" 0"0 ",'" ""'J1 "'f,Q....~I, 27. \:~."f.i Iti(f' (' ....... c."'~; "'" Ou Nl'f . ,~ \\",-",~ ATTEST: State of California) County of Orange ) SS City of Seal Beach) I, Joanne M. Yeo, City Clerk of Seal Beach, californ~/arebY certify that the foregoing I resolution is the original copy of Resolution Number Z on file in the office of the City Clerk, passed, approved and a4qpted by the City 0 cil of t e City of Seal Beach, at a regular meeting thereof, held on the .:?ft2...Jf day of , 1993. I Resolution Number ~/B A CITY / COUNTY UNDERSTANDljl;G ON TIlE FORMATION OF AN ORA:-;GE COC:-;TY FIRE DISTRICT \.larch 11. 1993 I The Orange County Cities and the Count)' of Orange that are Yo ithin 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 pcrtains to the following subject areas only: 1. Risk ManagementlLiability 7. Governing Board 2. Asset Transfer 8 Cash Contracl 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 MANAGEMENTILIABn.ITY (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. I 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 C~ies understand that the County, or the County through the Fire District, shall repay prior County General Fund co<.s for fire assets over a multi-year period of 514.5 million, and acknowledge that repay'ment 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 unincumbered to the new district. RRE STATION HEADQUARTERS I The Citie, unJeNand that since there will he a fleriod of time beforc a district can be formcd and become "fl,'r.ll",",11 the County Will continue 10 pursue options for the disposition of thc Hea~qudrt~r' rWfleny and the acquisition of replacement property. Any proceeds that might be obtained b) diSpOSition of the Headquarters property shall remain Yoith the Fire Depanment and shall bc transferrcd to Ihe 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 Propeny shall he 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 fonh in Revenue and Taxatio:l Code Section 95 et seq and Health and Safety Code Section 13896. After Resolution Number tft;l./ & official formation, the Fire District shall receIve all property taxes levied on its hehalf without i1n~ 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 nO! he responsible for replacing any funding loss. DEVELOPMENT AGREEMENTS Prior to District formation, the Counl')l and the Cities shall not approve any new developmc:nt agreements or modifications to existing development agreements to the extent that fire services and/or facilities .....iII be affected thereby without consultation with the Cities and Counl')ltransition I team prior to approval. . SPECIAL LEGISlATION The Cities and the County shan jointly seek and support the approval of special state legislation to fonn the District. GOVERNING BOARD The Board of Directors of the Orange Count) Fire Protection District shall r . even members The governing bodies of the County and the Cities "ithin 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 shan have a permanent representative as a member of the Board of Directors. The boardmember and alternate appointed by the County shall serve a four year term from the date of appointment to JanuaT)' 10 of the fourth fono.....ing year. The rcmainmg .Lx memhers and their alternates shall be selected and appointcd by the City Councils of the Cities "ithln the boundary of the Fire District. Both shall be Cil')l Councilmembers and shall serve at the pleasure of his or her governing body. I 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 continuil')l of representation. This method shall be set forth in the LAFCO terms and conditions, in any transition agreement, or as other-vise agreed to b)' 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. CASH CONTRACT CITIES The current four cash contract cities ( i.e. Placentia. Seal Beach, Stanton, and Tustin) .....i11 not initially join the Fire District. Instead these cities "ill agree to continue contracting with the District for a period of three years following district formation. It is understood that the cities and the Counl')l will limit annual cost of service increases or decreases to the cash contract Cities to an amount equal 10 the annual change in the cost of operations calculated with methods currently used by the Fire Department. EQUITY I The County and the Cities shan 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. [t is understood that the cost of service shall not be adjusted by reason of equil')l for any member agency or a cash contract City for a period of three years from the date of formation of the District. An~' changes in non-properl')ltax revenue sources i.e. fees and I I I R'es.olution Number H.:I.ltf charges, special assessments such as paramedic fee~ could be made during this three year" :riod. as long as all district territories and cash contract citic~ 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 la" 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 di,'isions 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 (H~PO) TRANsmON TEAM County and City staff shall work together on major transition issues. such as . headquarters location and continuing tenancy, aU major administrative, financial and service policy issues, and report back co thc 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 Tim Cas~y, City Mgr., Laguna Hills Chair. City Negotiating Team COUNTY: Dated: County of Orange, a political subdivision of the State of California ,1993 By Chairman of Its Board of Supervisors Resolution Number ~;(/~ Signed And Cc:rtifkd That A Copy Document Has Been Delivered To The ChalrmJn Of The Board APPROVED AS TO FORM: ( Terry C. Andrus, County Counsel ( ( CI1l': Dated: "prE 26 ,1993 A lTEST: APPROVED AS TO FORM: at This Phyllis A. Henderson Clerk of [he Board of Supervisors By Carol D. Brown. Deput) Dated: , 1993 Cit}, of Seal Beach . Califorma .- V . ..,...- -'f(: .:nAiA;+~~.J L -If".../,,(j_ - . MAYOR .~ / :." r1' "{. ...JJ ~.I.J. tJC--' / I l ~'C1erk ~ ern. t5~ /", Un / ( ( ( Cil) Attorney ",,"thy ~ .1993 I I I