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HomeMy WebLinkAboutMINUTES - 10311989 - T.1 7. 1 TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon ,,� }t Director of Community Development Costraa DATE: Octoberi18, 1989 Chu nty SUBJECT: Fire Protection Facilities Fee for the Bethel Island Fire Protection District I SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION I RECOMMENDATIONS 1. Determine that the Bethel Island Fire Protection District facilities are "overextended" in the context of Section 818. 4 212 of the County Ordinance Code. I 2. Designate the entire Bethel Island Protection District as an overextended 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. However, within a few. months of adoption of the Bethel Island Specific Plan, this five year capital plan shall be reviewed and updated to be made consistent with that plan. 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. CONTINUED ON ATTACHMENT: X YES SIGN A RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM AT O BO COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON / APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 432r ) 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 PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Bethel Island Fire Protection District AND COUNTY ADMINISTRATOR Building Inspection Department BY- �, DEPUTY JWC:cg cjc4/bifreptc.bo i t 6. Set thfe fire facility fees for the Bethel Island Faire 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 ithe proposed fire protection fee ordinance for the Bethe0 sland Fire Protection District. FISCAL IMPACT t The fire facilities fee is to provide a mechanism to collect funds for needed .;capital expenditures of the fire districts; lthe 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 Bethel Island 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 October 31, 1989 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 Bethel Island Fire Protection District is overextended based on the Notice of Findings Reports attached. i o Proposed Fire Facility Fees Single-.;-Family Residential $488 for each dwelling unit Multiple-Family Residential $305 for each dwelling unit Mobile Home $298 for .each dwelling unit All other new construction . 30 (thirty 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 i-s 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 optimisticassumptions 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. The County is in the process of preparing a Bethel Island Specific Plan. The County' s decision ori the amount of growth under this plan cannot be fully resolved at this time, but they might have serious impact on fire fee. Within a few months of adoption of that plan, this Five Year Capital Plan should be reviewed and updated to be consistent with that plan. 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. JWC:cg cjc4/bifreptc.bo J Attachment A September 20, 1989 I To: Contra Costa County Board of Supervisors From: Joseph J . Whitener, Chief Bethel Island Fire District Subject: Five Year Capital Facilities Plan and Notice of Findings Report Re: Proposed Fire Protection Facilities Fees for BETHEL ISLAND FIRE DISTRICT RECOMMENDED ACTION: 1.. Approve the Fire Year Capital Facilities Plan for the district as contained in this report; 2 . re: Proposed Fire Facility Fee: a. hold the public meeting on this report required by County Ord. Code Sec. 818-1002 ; b. if after the public meeting the Board concurs with the findings of the fire district, adopt an ordinance (per Ord. Code Sec. 818-1006 ) which: ( 1 ) determines that the fire facilities of the district are over-extended; (2 ) designates the entire fire district as the over-extended service area; ( 3 ) designates the Fire Protection Facilities (new construction or development) 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 Bethel Island Fire District (per Ord. Code Sec. 818-6. 210) . FINDINGS REPORT Pursuant toyprovisions 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 'Bethel Island 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. OVERVIEW The Bethel Island Fire District serves an area of approximately 7 square miles, with a population estimated at 2 ,800. The district's resources are over-extended, and the resulting problems will become more serious with planned residential and commercial growth. In order to address the over-extended condition, the district has developed a Five Year Capital Facilities Plan which delineates the physical facilities needed to provide acceptable services to the future residents of the district. Development of this plan has been delayed for several years, anticipating the adoption and implementation of a specific plan covering the area of the district. As full implementation of the specific plan may be further delayed for an extended period of time, it appears .important that the district file this plan at this time, covering planned new development which is already known. Once a specific plan is ready for implementation, the district will file a revised facilities plan covering the additional impact upon district facilities expected to result from the specific plan. No conflict between this facility plan and a larger facilities plan required to implement the ultimate specific plan is anticipated. The total cost of this facilities plan is $516 , 175 . (See attachment. ) It consists of the acquisition of one pumping engine and approximately one acre of land adjacent to the existing fire station , and its improvement, in order to provide for training and outside maintenance of district vehicles. Improvements would also be made to the existing facilities, consisting of the enlargement of the office area, the addition of rest room and storage spaces and minor structural improvements. The cost of the additional facilities would be financed over a five year period. The resulting financing recommendations for the district's Five Year Capital Facilities Plan recognize that the required new facilities are . needed to address the impact upon the district of anticipated new development, and the cost of mitigating this impact should, logically, fall upon that new development through the imposition of new construction (Fire Protection Facilities) fees. _ 2 i , FINDINGS Section 818-41.212 of the County Ordinance Code 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 Board of Supervisors, those facilities are "over- extended. " The determination of that condition is based on acceptance bey the Board of Supervisors of the findings report on aP- the subject submitted by the fire district. A determination that the Bethel Island Fire District is over-extended would result in the payment of a "Fire Protection Facilities Fee, " as a condition of jreceiving a building permit, by the builders of all new construction within the district. The findings report submitted by the district to support its conclusion that it over-extended must discuss pertinent data relative to its fire facility problems. That discussion is provided below. LEGAL DESCRIPTION AND MAP OF PROPOSED SERVICE AREA ----- The attached map of the entire fire district is submitted as the proposed service area to be covered under the over-extended determination. The legal description of the district (and service area) 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. The entire district is proposed as the service area because most or all of the facilities of 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. FIRE PROTECTION FACILITIES ----- The district currently operates one station which is physically located on the island. The district staff consists of three full-time personnel and up to thirty volunteers. Major district apparatus consists of the following : Item Quantity 750 gpm pumping engine 2 1 , 250 gpm pumping engine 1 250 gpm wild lands unit 2 2 ,000 gallon tender 1 3 , 500 gallon tender ( reserve) 1 light rescue truck 1 3 - i The following statistics indicate the volume of district resvonses to calls for emergency services during recent calendar years: ACTIVITY 1986 1987 1988 Fires 35 22 50 Rescue/medical 235 223 210 All others 75 101 89 Mutual aid 10 19 21 i Total 355 365 370 Other Factors: As indicated in the overview, the current population served by the district is estimated to be approximately 2 ,800. This figure will grow continually, as newly constructed residential units are completed and occupied. Additional residents create more need for the emergency services provided by the district. Existing geographical conditions, to the extent they, in combination with the increasing population, cause additional traffic congestion, 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 anticipated. Wooden 'frame construction predominates throughout the district. New residential development will obviously result in many additional frame buildings to be protected by district resources. MITIGATION OF THE OVER-EXTENDED CONDITION Planned new development will over-extend the resources of the district. It is estimated that during the next five years approximately 1 ,693,000 square feet of new construction will be commenced (see attachment) . The bulk of this will consist of 1 ,050 single-family units. Five Year Capital Facilities Plan In at-der for the district to address the impact of the planned new construction, it will be necessary to acquire and develop additional facilities. In summary ( see attachment for details ) , the district will need to acquire a 1 , 250 gallon-per-minute pumping engine. It will also need to acquire and develop approximately one acre of land adjacent to the existing fire station for training and outside 4 - i vehicle maintenance. At the current time the district does not . have a paved area sufficient in size to provide for either training or vehicle maintenance. The improvements to the additional land needed to make it useable for training and outside vehicle maintenance consist of underground utilities (water and electric) , paving, landscaping, fencing and the relocation *of a diesel fuel tank. Engineering and contingency c6sts are included to arrive at the total project cost. The existing; building facilities need to be improved through enlargement of the office, the addition of rest room and storage areas and minor improvements to the structure. COST OF ADDITIONAL FIRE PROTECTION FACILITIES/PROPOSED FINANCING Presented below is a listing of the individual project amounts (and grand total ) which make up the Five Year Capital Facilities Plan, to be financed over the next five years (see attachment for details) : Item Amount 1 , 250 gpm pumping engine $210,000 Approx . one acre of land 40 ,000 Site improvements 226, 175 Improvements to existing facilities 40,000 Grand total $516 , 175 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 adopt the following fee schedule to be applied to new construction at the time of the issuance of building permits: Single-family residential $488.00 per unit Multi-family residential $305.00 per unit Mobile home $298 . 00 per unit All other new construction $ . 30 ( thirty cents ) per square foot 5 - .tt ! D c e •`� tc ri fs . ' V The above schedule (see attachment for details) was calculated on the assumption that there will be approximately 1 ,693 ,000 square feet of new construction within the district during the next five years. The (proposed fees for non-single-family residential construction have 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 ensure that the district realizes the revenue necessary to finance the new facilities within the five year period following implementation of the fee requirement. , General Plan Relationship The acquiGition of the new facilities is necessary to mitigate the results of anticipated new . construction within the district. Requiring that the cost of the new facilities be financed from fees collected from builders of new construction within the over- extended service area ( the entire district) is consistent with the provisions of ,' the county's General Plan. 9/20/89 RMN 6 _ 9/2U/89 BETHEL ISLAND FIRE DISTRICT - FIRE FACILITIES FEES (FFF) i Estimated Projects: Cost acquire new 1 ,250 gpm engine $210,000 acquire approximately one acre of land adjacent to existing station for training and apparatus maintenance $40,000 Site improvements: engineering fees $25 ,000 paving (51 ,500 sq. ft. @ $3.00) $154,500 landscaping (5,000 sq. ft. 0 $1 .00) $5,000 underground (water & elect. ) $10,000 fencing (600 ft. @ $15 .00) $9 ,000 relocate diesel fuel tank $10,000 project contingency (5%) $12 , 675 ------------ sub-total $226 , 175 Improvements to existing facilities: enlarge office $12 , 500 add restroom and storage $17 , 500 structural improvements $10,000 ------------ sub-total $40,000 Grand total $516 , 175 ORDINANCE NO. 89-78 (Establishing Bethel Island Fire Protection District Area Development Fees) The Board of Supervisors of the County of Contra Costa ordains as follows: SECTION I . ' AUTHORITY. This Ordinance is enacted pursuant to Division 81.8 of the County Ordinance Code (Ord. 86-49 ) . SECTION II. NOTICE AND HEARING. This Ordinance is adopted pursuant to the procedure set forth in Government Code Sections 54986, 54992 and 65962, and all required notices have been given and publichearings held. SECTION III. SERVICE AREA. The service area affected by this Ordinance shall be the entire service area and territory of the Bethel Island Fire Protection District. I SECTION IV.' EXISTENCE OF OVEREXTENSION. Based upon the findings submitted by the Fire Chief of the Bethel Island Fire Protection District (which have been reviewed and considered by this Board) , evidence presented at the public hearing, and information known to this Board, it is hereby determined that the fire protection facilities within the service area for the Bethel Island Fire Protection 'District are not adequate to serve the fire protection needs of said service area and that, as such, said fire facilities are overextended. SECTION V. FEES. On and after the effective date of this Ordinance the following fees shall be collected pursuant to th-is Ordinance and County Ordinance Code Sections 818-6 .202 and 818- 6 .210 (Ord. 86-49 ) : A. Fire Protection Facilities Fee. Each person who applies for a building permit within the service area affected by this Ordinance (hereinafter "Applicant" ) shall, at the time of such application and prior to issuance, pay a fire protection facilities fee in accordance with the following schedule: Single Family Residential $488 per dwelling unit Multi-Family Residential $305 . 00 per dwelling unit Mobile Home Residential $298 . 00 per dwelling unit All Other New Construction $ .30 per sq. ft. B. Administration Fee. In addition to the foregoing, each Applicant, at the time of application for and prior to the issuance of a building permit, shall pay an administration fee, which is determined to be the estimated average cost of processing the permit, and which shall be computed as follows: For All Residential Construction $20.00 per dwelling unit For Non-Residential Construction A sum equal to 1% of the fire protection facilities fees. SECTION VI . PLAN AND ACCOUNT. On October 3, 1989 a proposed five year construction and financing plan for fire facilities improvements adopted by the District was approved by the County. A separate account entitled"Bethel Island Fire Protection District Area Development Fees" is hereby established (Trust Fund No. 8502 and its funds appropriated therefor. All fire -1- ORDINANCE NO. 89-78 protection facilities fees collected pursuant to this Ordinance shall be placed in said account for expenditure and the incurring of obligations to implement the said five year plan. SECTION VII!. SEVERABILITY. If any fee or provision of this Ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity orienforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this Ordinance irrespective of the validity of any other part. SECTION VIIi. DELAY. If for any reason, this Ordinance's fees are not collected as provided in Section V, they shall also be due and paid at the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs last. SECTION IX., EFFECTIVE DATE. This Ordinance shall become effective 6,0 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Brentwood News, a newspaper of general circulation published in this County. PASSED and ADOPTED on October. 31, 1989 by the following vote: AYES: Supervisors Torlakson, McPeak, Fanden NOES: None ABSENT: Powers, Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By / Deputy Chairperson, Board of Supervisors VJW:df df4:\vjw\ord\bi-fees -2- ORDINANCE NO. 89-78