HomeMy WebLinkAboutMINUTES - 07261988 - T.2 To- "l�+ BOARD OF SUPERVISORS
FROM:_ INTERNAL OPERATIONS COMMITTEE COt1tra
July 25, 1988
DATE: Com`^' "J
Proposed Development Fee for
SUBJECT: Byron Fire Protection District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AM JUSTIFICATION
RECOMMENDATIONS:
1. Following the public hearing July 26, 1988 on the proposed
ordinance establishing the fire protection facilities fee
for the Byron Fire Protection District, our Committee
recommends that the Board of Supervisors adopt the
ordinance and approve the five-year capital financing plan
for the Byron Fire Protection District.
2. Request Byron Fire Protection District Chief Nick Papadakos,
or one of his Assistant Chiefs, to attend all meetings of
the Discovery Bay Property Owners Association and Byron
Chamber of Commerce in an effort to insure adequate
communication between the fire district and these
organizations on items being considered by the fire district
which would , impact members of the Discovery Bay Property.
Owners Association or Byron Chamber of Commerce.
3 . Request Chief Papadakos and Chief Hein to prepare a mutual
aid response plan for how they will respond to fires which
may occur at the Byron school; present their report to the
Byron School District Board of Trustees and then forward the
report to our Committee on October 24, 1988, along with any
comments or reactions from the school district Board of
Trustees.
4. Request the Byron Fire Protection District Board of Fire
Commissioners to develop a list of community organizations
which may be interested in the activities of the Fire
Protection District and insure that each organization
receives the agenda for all meetings of the Board of Fire
Commissioners, along with a copy of all major reports made
to the Board of Fire Commissioners. In particular, the
newspapers which cover East County should be on this mailing
list, along with the Discovery Bay Property Owners
Association and the Byron Chamber of Commerce.
CONTINUED ON ATTACHMENT; YES /SIGNATURE:
_yy RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
X
_ APPROVE OTHER
SIGNATURE s : Sunne W. McPeak Tom Torlakson7
ACTION OF BOARD ON July 26, 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Listed on Page 3 ATTESTED /QBf
V el
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY �iIG�/�IE.QA.J ,DEPUTY
M382/7-83
Page 2
5:: Request the County Administrator to prepare a report on the
Byron Fire Protection District' s pumpe.r/tanker, including
the background .and history of "how it was acquired, what
problems there have been in.'keeping the tanker operational,
what its capacity, is, what modifications are,.being made to.
the tanker to. improve •:its pumping capabilities, and the name ..
of `those individuals who are certified' to drive the vehicle. .
Further., that. the County Administrator' s Office, circulate
the.`. report' to :the Byron' School District Board . of Trustees,
the . Discovery Bay Property Owners Association, the. Byron
Chamber. of Commerce, the - Byron Fire Protection District
Board .of-Fire- Commissioners,' and any interested citizens.
Finally, the, County Administrator should forward this report
to our Committee on October` 24, 1988, along with any
comments from -the 'above . organizations ,or. individuals.
BACKGROUND• r ;
On -June 21, i988,", the�.Board' of Supervisors "receiVed a report from
the County Administrator',` on the Byron Fire Protection District
5-year capital f-financing-,plan' and the. fire` protection facilities'
fee
ac lities-
fee Notice. of )Findings report. The County Administrator' s
recommendations were modified to allow time for further .meetings
between the District and other interested. parties before the
Board 'was asked to approve the 5=year capital. financing plan..
The Board. fixed July 12, 1988 as the date for approval of , the
plan as . well. as for hearing on the adoption of the development
fee ordinance.. on June 28, 1988, the Board rescheduled the
hearing. on ` the proposed ordinance for a fire protection
development fee f rom July, '12 to July 19 at ,11 A.M. On July 19 ,
1988, „ the. Board of Supervisors deferred! the hearing on the ..
proposed ordinance to July 2'6 at, -11 A.M. and. authorized our
Committee to meet with the involved ,partie' s prior to the hearing.
On July 25, 1988, our Committee 'met .with representatives from the
'County. Administrator' s .Office,. the Byron Fire Protection
District Board . of .,Fire Commissioners, the Discovery Bay Property
Owners Association,: the Superintendent .. of the .- Byron ' School
District,
he • ByronSchool -
District, and other interested individuals.
Staff' from the County , Administrator' s Office indicated they had
met with residents .from Discovery Bay on July 20, 1988 to discuss
the proposed development fee. Pierre Duqu''ette a member; of the
Board of Fire. I Commissioners, commented that the, proposed
development fee had been discussed a number of times by the Board
of Fire Commissioners and that the Board had voted 4:1' to support
the proposed fee Representatives from the Discovery Bay
. Property OwnersAssociation indicated that' r° theiAssociation was
• .not necessarily• opposed to the fee, which 'would., only be imposed
on new construction,.' but were . concerned that in ,their view they ,
had not, been adequately briefed on the details of the ; proposed
fee and did not . fully understand the -need for a fee as opposed to
other methods of financing the needs .of the`•Byron Fire. Protection '
District. :
Bob Nyman,. Consultant:. to the' County Administrator 'on fire
district matters, summarized the proposal which is covered in the
County Administrator's June 21, 1988 report to the Board and
noted that there are- no '
re no , readily. -identifiable alternative means of
funding the district' s additional' needs .'. This includes the .
Special District Augmentation Fund. which ` typically . receives
requests for funds in , excess of twice .the amount which can be
recommended. The Special , District :Augmentation Fund has
Page 3
typically not, had funds available for major capital items nor for
land acquisition, both of which' are 'included, in the budget for
the proposed use of the development fee proceeds.,,
Following discussion of the. capital needs;' of • the district, and
the adequacy of the existing pumper/tanker, our Committee
formulated the above' recommendations. We would also note that
much. of the ;current controversy appears to; be more the. result of,
a lack of communication, than, to any.. substantive difference of
opinion - on the issues. > We have, therefore, made several
recommendations which we. believe will improve communications
among. the Discovery Bay-, Property Owners 'Association, the Byron
Chamber of ;:Commerce,, the- Byron School District, . and 'the . Byron
Fire. Protection District. . We ' 'believe it is important that the.
fire. ` district . and its Board of Fire Commissioners assume the
responsibility of actively informing the residents of the
L.
district of the activities of the Board of Fire Commissioners,
particularly by sharing copies 'of written reports, and the agenda_
for meetings, .'with organizations which represen,t .. significant
numbers of district residents. -
cc County Administrator
County Counsel ;
Chief, Byron,.Fire Protection District
Chief, East Diablo Fire Protection, District
Board of Fire Commissioners,-. Byron Fire .
Protection -District
Superintendent, .Byron ,School District
President, Discovery Bay Property: Owners Association
President', Byron . Chamber of Commerce
Supervisor Tom Torlakson ;
!� r.j • .
TO: BOARD OF SUPERVISORS `Cltra
FROM: Harvey E. Bragdon' uW a
Director of Community Development,
County
DATE: July 11 , 1988
SUBJECT: Fire Protection Facilities Fee for the ,:Byron Fire Protection District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Determine that the Byron Fire Protection District facilities
are "overextended" in the context of Section 818. 4. 212 of the
County Ordinance Code.
2 . Designate the entire Byron Protection District as an over-
extended service area:
3 . Apply the already established administrative fee to cover the
average estimated cost of processing, a permit in accordance
with .Section 818-6. 210 of the ordinance code.
4 . Provide that the fire facility and. administrative fee shall be
reviewed annually to ensure they cover the costs of their
programs.
5. Determine that the projects outlined:: in the Notice of Findings
Report conform to the Fire Facilities Component of the
Community ,Facilities Element of the County General Plan.
u
6 . Set- the fire facility fees for the Byron Fire District as
stated in the Notice of Findings Report with the
administrative fee to, be added on to them to cover the County
costs for handling the processing.
7. Adopt the proposed fire protection fee ordinance for the By n
Fire Protection District:
. CONTINUED. ON ATTACHMENT: X YES SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATTOR OF 07
COMMITTEE
APPROVE OTHER
SIGNATURES)
ACTION OF BOARD ON July 26, 1988 APPROVED AS. RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY 'CERTIFY THAT THIS IS A'
x UNANIMOUS (ABSENT } TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc:. Community Development ATTESTED
County Administrator
PHrL BATCHEL09, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Byron Fire Protection District AND COUNTY ADMINISTRATOR
Building Inspection Department
BY DEPUTY
JWC/jb/jcl/byronfir.bos
FISCAL IMPACT
The fire facilities fee is to provide a mechanism to collect
funds for needed capital expenditures of the fire districts;
the fee will provide funds to allow growth to proceed with the
new development paying for its impact on the fire district
facilities. The fee will provide the fiscal resources for
capital facilities needed by the County and to the autonomous
fire districts, which are overextended, to serve our growing
County-
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1984 the Board of supervisors adopted a Fire Protection
Facilities Plan component of •the County General Plan: it
established a facility plan and presented options for plan
implementation. In June of 1986, that plan was amended to
specifically allow for the collection of fire facility fees.
Concurrent with that plan amendment consideration, the: Fire
Protection Development Fees Ordinance ( 86-49) was adopted by
the Board on June 6, 1986. It outlined the requirements for
fire districts to receive fees under the . ordinance and
specified the findings the County needed to make to authorize
collection of the fees. The ordinance placed the initial
burden of fee determination on the fire districts by requiring .
a Notice of Findings Report.
The Notice of Finding Report for the Byron Fire Protection is
Attachment A.
Several concepts need to be considered in review of these
proposals; each is discussed below:
o Public Hearing
The Fire Protection Development Fee Ordinance required
the. Board of Supervisors to consider the adoption of fees,
at public hearing. The Clerk of the Board has scheduled
this item for July 19, 1988 at 11:00 a.m.
o General Plan Conformity
Staff has reviewed the Notice of Findings Reports for
this district as it relates to ,the specifics of the Fire
Facilities Component of the Community Facilities Element .
of the County General Plan. The facilities identified in
the District' s Notice of Findings Report are generally
identified in the General Plan and are consistent with
the plan provisions.
o "Overextended" Fire Districts
According to the Ordinance Code, one of the findings the
district may make and the Board of Supervisors must
concur in, is that the fire protection service area ( it
can be the whole district) is "overextended. " Over-
extended means where the fire protection district
facilities are not adequate in terms of current needed
fire protection and station facilities, response time,
present and expected population growth and density,
geographical conditions, water supply, and implementation
of the fire protection plan part of the County General
Plan. The Notice . of Findings Reports on the affected
district (Attachment A) make clear the existing
deficiencies in terms of these criterion. It is further
recommended that the Board concur that the entire area
within the. Byron district is overextended based on the
Notice of Findings Reports attached.
o Proposed Fire Facility Fees
Single-Family Residential $365 for each dwelling unit
Multiple-Family Residential $230 for each dwelling unit
Mobile Home $220 for each dwelling unit
All other new construction . 23 (twenty-three cents)
per square foot
The fees are based on the Notice of Findings Report; the
anticipated costs of the capital facilities are outlined
in those reports. It is recommended that the Board
concur that these costs are at the correct order
magnitude and that the fees are reasonable based on the
information within the Notice of Findings Reports.
o Annual Review of Fee
The proposed fees are based on optimistic assumptions of
growth within the short term. It is possible that growth
will occur more slowly than anticipated in the proposed
fee schedule. Inflation in the meantime will have the
effect of underestimating the cost of the required
facilities. With these facts in mind, it is important
that the proposed fees be reviewed annually to determine
if the fee collections are keeping pace with the need for
new facilities and inflation. Annual review of these
fees is necessary to insure adequate funds are received
to keep pace with growth. If reasons develop for the
existing fees to be reduced, then action can be taken to
reduce fees at the time of the annual review. If for
some reason annual fee review does not occur, the
established fee will remain in effect until it is changed
or the facilities called for in the Notice of Findings
Reports are completed. The ` anticipated levels of
development were prepared by the Fire District and are
found in their Notice of Findings Report.
o Administrative Charge
Section 818-6. 120 of the Ordinance Code makes provision
for the establishment of an administrative charge to
cover the County' s cost of processing building permits
and collecting the Fire Facilities Fee.
Collection of the fee is by the Building Inspection
Department and it should be integrated . into their
computerized fee determination process. For residential
projects, a flat administrative fee of $20 is currently .
charged. For non-residential construction, a one percent
administrative fee is collected as an addition to the
cost of the fire facility fee. This fee should be
reviewed annually to reflect actual costs.
The monies collected for the administrative fee should go
to the General Fund to offset the costs of departments
which provide development services.
o Notification
The public hearing of this fee should be published based
on the draft hearing notice prepared by the County
Counsel' s Office (under separate cover) . The hearings on
this district' s fees should be heard on the same date and
time.
o Adoption of Fire Protection Fee Ordinances
A draft fire protection fee ordinance has been developed
by the County Counsel' s Office to implement the fire
facilities fees discussed in this report.
Attachments
JWC/jb/jcl/byronfir.bos
Attachment A
June
cul jagp
To: Contra Costa County
Board of Supervisors
Frcim: Nick Papadakos, i=hiet
Byron -Fire District
Sub.jRct : . Five Year Capital P1 an and
Not iie of Findings ReportAe:
Fire Protection Facilities Fee
f c•r BYRON FIRE DISTRICT
RECOMMENDED ACTION:
1 . Approve the Fire Year c=apital Flan for the district as
contained . in this report ;
2. r e: RVop cased Fire Facility Fee
a. held the public meeting on' this reps art required by
County Ord. Code Sec . 818-1002;
b. if` after the .public meeting the Beard concurs with
the findings of the fire district , adapt an
ordinance (per Ord .- Code Sec . 818-1006) which:
( I ) determines that the fire facilities of the
district are aver-extended;
AN designates the entire fire district as the
over-extended service area;
(31 designates the Fire Frotection. Facilities (new
construction or Bevel opment I . Fee, for each
type . of new construction within the
district , needed to mitigate the over-
extended condition; and
(4) . establishes the administration fee, ` as
recommended by the County.. Administrator ,
needed .to cover the County costs of processing
building permits within the Byron Fire
District (per Ord,. i::o Sec . 818
- . 1: -
FINDINGS REPORT
Pursuant to previsions of Chapter 818-2 (Community Facility Fees
for Fire Protection Facilities? of the County Ordinance Code, this
findings report is submitted to justify a determination that the
fire protection facilities of the Byron Fire District are over-
extended and that the imposition of a Fire ' Protection Facilities
Fee on all new construction is necessary to mitigate that over-
extended condition.
OVErRV I EW
The Byron Fire District serves an area of approximately 65; square
miles, with a population estimated in excess of 5, 500. The
district ' s resources are ever-extended, and the resulting
problems became More serious with increased residential ,
commercial and light industrial growth.
In, order to address the aver-extended condition, the ,district has
developed a Five Year Capital Plan which delineates the physical
facilities needed ' to provide acceptable services to the future
residents of the district .
Thy total cast . of the plan is $677, 50Q. It , consists ' of the
acquisition of additional land and significant alterations to Fire
Station No. '38 located at Discovery bay ($660,0u00) , and the
addition of land (only:> for future e!pansion of the building and
related facilities at Fire Station No. 97, in the community of
Byron ($17, 500) . The total cosVof the above items is to be
financed over a five year period.
The resulting financing recommendations for the district ' s Five
Year Capital Plan recognize that the 'required new' facilities are
needed to address' the impact upon the district of anticipated new
development , and the cast of mitigating this impact should,
logically, fall upon that new development through the imposition
of new construction (Fire Protection Facilities) fees.
FINDINGS
Section 84-4. 2k of the County _ Ordinance Cade provides that when
the fire protection facilities of a service area of a fire
district are determined not to be adequate by the , fire district
and the Beard of Supervisors, those facilities are "over-
extended. " The - determination of that condition is based on
acceptance by the Beard of Supervisors of the findings report on
on the subject submitted by the fire district . A determination
that the Byron Fire District is over" -extended would result' in the
payment of a "Fire Protection Facilities Fee, " as a condition of
receiving a building permit , by the builders of all new
construction within the district.
The findings report submitted by the district to support i,ts
conclusion , that it is +_ever=e:tended 'must discuss pertinent data
relative to its fire facility problems. That discussion is
provided below.
LEGAL DESCRIPTION AND MAF' OF P'ROP'OSED SERVICE AREA ----- The
attached map' of the entire fire district is submitted ' as the
proposed sefO"ce area to be covered under, the Aver-extended
determination. The legal description of the- district (and service
areal is as .shown on the County Assessor ' s map for the district .
This map is on file and available in the office of the County
Assessor he ent i rt district is proposed as the service area
be';ause most or all of the facilities _-f the district • may be
required to handle .major structural fires and other emergency
incidents. Apparatus is dispatched based on the requirements of
the incident and not necessarily on a geographical .basis. This is
further illustrated in the .following' discussion of fire protection
facilities.
FIFE PROTECT ION FAi_I L I T I ES ----- The district �_ur r ent l y operates
a station in each of the principal communities (Byron .and
Discovery Say) which house most of the district ' s residents.
All of the personnel cif the district are basically volunteers. The
chief and the assistant chiefs receive nominal monthly salaries.
The fire fighters are partially: compensated with amounts based
upon their responses to. emergency calls and training sessions.
Major district apparatus consists. of the following:
Item Station 97 Station ge
1 ,000 gpm pumping engine 1
500 gpm pumping engine 1
90 gpm wild lands unit 1
4, 000 gallon tender 1
The following statistics indicate the velums` of district
responses to calls for emergency services during recent calendar
years:
ACTIVITY 1985 Agee 1987
Fires .7('-) 8() ge
Rescue/med i c,a l 166. 182 209
All others 35 46 62
Mutual aid
Tot al 274 310 372
Other Factors: As indicated in the overview, the current
papulation served by the district is . estimated to be in - excess cif
5, 5�)(). This figure will grow continually,. as newly .- const'ructed
residential units are completed and occupied. Additional
residents create more needfor the emergency services provided by
the district .
Existing geographical conditions, tc- the extent they, in
combination , with the increasing populaticin, cause additional
traffic ccngestion, Could increase the running and total
response times for the district emergency apparatus.
Municipal -level water is to be provided to proposed new
developments. No. additional impact of new development upon the
district ' s water needs is therefore , anti cipated.
Wooden frame construction predominates throughout - the district .
New residential development will - obvi ousl y result in many.
additional frame buildings tc, be protected by district resources.
MITI GAT I ON OF THE OVER-EXTENDED 1_:OND l T I ON
c=urrent and planned new development is over-extending the
resources of the district . It is estimated that during the next
five years approximately 3, 000, 000 square feet of new construction
will be c cimmenc ed. The bulk: of this will consist cif 1 , 500
residential units, primarily single-family, - in the community of
Discovery Pay. Light-industrial constru,_tion .is anticipated tc,
account for approximately 50(), 000 square feet of the total . This
will be 'located near . the community of Byron.
Five Year Capital Plan.
In order for the district to address the impact of the planned new
ccinstruction, it, will be necessary to modify the existing :physical
facilities to enable them to accommodate the greater demand for
services.
In the case of Staticin 97 (.Byron) , it will be necessary to acquire
44, 000-) square feet- of currently vacant land adjacent to the
existing station' to provide additional land for construction, in
the future, cif facilities for additional apparatus storage and
repair, meeting room and district offices and outdoor training.
At Station '=B (Discovery Bay) , it will be necessary to ac quire
.1 G, O00 square feet of adjacent land for use in the . '
overall ,_.nstru._tii-,n/re-ocnstruotion of the station' to include:
housing for an additional engine; addition of sleeping quarters;
expansion of meal preparat i c in/eating area; expansion�n of shower
facilities; . addition of a classroom; conversion of space four
storage; off-street, parking for 15 vehicles; and side access and
rear pavement for ..engine maneuvering, minor maintenance, ' cleaning
of apparatus, hose testing and light training procedures.
4 -
COST OF ADDITIONAL F I FSE PPOTECT I ON FAC I L I T I ES/PPOPOSED FINANCING
Presented below is a listing of the individual project amounts
(and grand. total ) whiich 'mak:e up the Five Year Capital Plan, to be
financed over the next five years:
St at i on Item Amount
97 (Byron) Land .acquisition for
future construction 17, 500
98 (Discovery
Bay) Land
acquisition s 180000
Construction 480,000
Total Sta. 9E3 660, 000
Grand total $677, 500
Proposed Fire Protection Facilities (development) Fees
------------------------------- - -----------------------
In order to provide . for the above Projects to be financed from
fees paid by the new development .which will create the need for
the '' revised facilities, it will be necessary. for the Board of
Supervisors to adapt the following fee schedule to be app Lied to
new construction at the time of ..the issuance of building permits:
Single-family residential 6065.00 per unit
Multi-family residential $200. 00 per unit
Mobile home $220. 06 per unit
All other new construction A23 (twenty-three
cents) per
square fort
Theabove schedule was calculated on the, assumption that there
will be approximately 2, 000, 000 square feet of new construchon
within the district during the next five years. The proposed fees
for non-single-family residential construction hive been reduced
to reflect the smaller size of the typical occupancy of these
units, as compared to single-family units.
Because of the obvious problems_ connected with attempting to
estimate building construction over a future five year period, it
is important. that the numbers and types of all units of new
construction be reviewed annually, along with the fee schedule, to
5 -
ensure that the district realizes the revenue necessary to0inance
the new facilities within ' the five year period following
implementation of the fee requirement .
General, Flan Relationship
The revision of the two fire stations is necessary to mitigate the
results of anticipated new construction within the district . ,
Requiring that the cost of the facility changes be financed from
fees collected from builders of new construction within 'the over-
eltended service area ithe entire distAct ) . is consistent with the
previsions , of the county' s General . Flan.
6/9/90 PMN
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