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HomeMy WebLinkAboutMINUTES - 11281989 - FC.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 28, 1989 by the following vote: AYES: NOES: - See Vote Below - ABSENT: ABSTAIN: ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Special District Augmentation Fund Allocation Formula The Board received the attached report dated November 28, 1989 from the Finance Committee (Supervisors Nancy Fanden and Robert Schroder) relative to a policy of allocating Special District Augmentation Fund monies. Supervisor Tom Powers expressed concern with the "return to source" type formula, stating that he believed funding should be based upon need as opposed to how much a community had contributed to the Fund. Supervisor Schroder agreed that funds should be allocated on the basis of demonstrated need. He noted, however, that the Committee felt that a district or community that was helping itself should be given some consideration, both in recognition of those efforts and to encourage other districts and areas to participate in funding efforts. Supervisor Powers advised that he agreed that communities that support and participate in financing plans should be given preference. He stated, however, that he believed that the allocation of more funds to districts who historically have formulas that contribute more money to the fund is not encouraging the development of additional resources. Supervisor Tom Torlakson expressed his concern with the "return to source" formula, noting that while residents in some of the less affluent parts of the County are paying an annual assessment for fire district financing, there are still other areas with a greater ability to pay that have not yet applied such assessments. Supervisor Sunne McPeak advised that she could support the report as presented because it strikes a balance between need and equity. Supervisor Powers moved to amend the first paragraph to state "adopt a policy of allocating funds on need and equity for building and staffing new fire stations with priority considerations for districts that support and participate in financing plans. " He noted that such a change would give the Board the ability to address special considerations on a case-by-case basis. Supervisor Torlakson seconded the motion, stating that he believed the amended language emphasized the Board's policy to allocate funds on a need basis and to consider equity in that process. The Chair called for a vote on the amended language and the vote was as follows: AYES: Supervisors Powers, Torlakson NOES: Supervisors Fanden, Schroder, McPeak The motion failed to carry. 1 The Chair then called for a vote on the Finance Committee report as presented, with Recommendation #1 modified to include unincorporated areas that support and participate in financing plans. The vote was as follows: AYES: Supervisors Fanden, Schroder, McPeak NOES: Supervisors Powers, Torlakson Therefore, IT IS BY THE BOARD ORDERED that the recommendations in the attached Finance Committee report (with revised language in Recommendation #1 to include the words "unincorporated areas" ) are APPROVED. cc: County Administrator County Counsel County and Independent Fire Districts United Professional Firefighters Local 1230 Cities of Clayton, Concord, Lafayette, Pleasant Hill, Walnut Creek and Martinez County Taxpayers ' Association Auditor-Controller I hereby certify that this is a true and correct copy of an action taken tend entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: '2&uZ 'y X e t.,1 & I'P 9 PHIL BATCHELOR,Clerk of the Board of and County Administrator �r ��rt✓cvafot�� . y 2 TO: BOARD OF SUPERVISORS - Contra . FROM: Finance Committee: Supervisor Nancy Fanden COStaCou Supervisor Robert Schroder my DATE: November 28, 1989 F C. 1 SUBJECT: Fire District Special District Augmentation Fund Allocation Formula (Return to Source) Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATIONS Approve the attached February 22, 1989 report of the County Administrator recommending the following actions: 1. Adopt a policy of allocating supplemental funds for building and staffing new fire stations with priority consideration for districts that contribute more to the Fund than they receive through the normal allocation process and/or whose cities support and participate in the financing plans. 2. Request the County Auditor-Controller and the County Administrator, in conjunction with the fire districts, to consider the development of a new comprehensive financial report which would identify, as part of annual budget review, all aspects of fire district financial information as outlined in the attached report from the County Fire Chiefs ' Association. 3 . 'Direct the County Administrator to work with fire districts to identify and pursue additional revenue sources with the objective of reducing SDAF receipts to an amount equal to the amounts contributed to the Fund. Progress toward achieving this objective would be reported to the Board on an annual basis. 4. With the exceptions recommended above, continue the current method of allocating Special District Augmentation Funds (SDAF) on the basis of demonstrated need. Adopt a policy that redevelopment agencies contribute additional financial resources to fire districts. This policy includes existing redevelopment agencies providing the minimum 20 pass through and up to full pass through, and additional financial assistance for building new stations in redevelopment areas. The County Administrator and Community Development Department are directed to review the current level of financial support provided by the redevelopment agencies and report to the Board on ways and means of implementing this policy. CONTINUED ON ATTACFII4ENT: X YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) : Acti of Board on: Approved as Recommended Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) ENTERED ON THE MINUTES OF THE Ayes: Noes: B OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested: cc: Gregg Manning, City of Clayton Ph Batchelor, Clerk of Diane Longshore, City of Concord the Bo of Supervisors Richard F. Holmes, City of Lafayette and Count inistrator See Also P.4 By: DEPUTY Fire District Special District Augmentation Fund Allocation Formula (Return to Source) Page 2 FINANCIAL IMPACT Fire District funding levels will be maintained. New additional revenue may be developed to supplement the Special District Augmentation Fund (SDAF) . REASONS FOR RECONIlENDATION/BACKGROUND: For approximately the last two years, as a result of proposals by the Contra Costa County Fire Chiefs Association and the Contra Costa County Fire Protection District Five-Year Expansion Plan Task Force, the County has had under consideration the issue of establishing a "return-to-source" policy for the allocation of Special District Augmentation Funds to fire districts. Under a return-to-source policy, allocations from the SDAF would be made on the basis of contributions to the Fund rather than on the needs of the fire districts. The County Administrator' s Office analyzed the impact of a return-to-source policy and found that several fire districts would be severely impacted as a result of reduced SDAF allocations. In an attempt to find some alternate allocation methods that would be agreeable to all interested parties and not adversely impact some districts, the County Administrator' s Office requested the County Fire Chiefs Association and the Capital Improvement Committee of the Association to review the findings of the County Administrator and assist in developing alternate allocation procedures. The County Administrator' s Office met with the Association and the Capital Improvement Committee on several occasions. The meetings with the County Fire Chiefs ' Association resulted in the recommendations referenced in and attached to, the February 22, 1989 report of the County Administrator. In summary the Association recommended that the current allocation process be continued and that the Board adopt a policy of allocating supplemental funds for the construction and staffing of new fire stations. The report also requested that the Auditor-Controller and County Administrator consider developing a new financial report for fire districts, and that the County Administrator be directed to work with fire districts to identify new revenue sources to ease the burden on the SDAF. The recommendations of the Fire Chiefs ' Association and the County Administrator were presented to the Board of Supervisors on February 28, 1989 . Because of the serious financial implications of SDAF allocation procedures the Board of Supervisors referred the County Administrator ' s report to the Finance Committee for further review. In March of 1989, Contra Costa County Fire District staff and the County Administrator ' s Office met with the Contra Costa County Fire Protection District Five-Year Expansion Plan Task Force to review the County Administrator' s report. The Consolidated Expansion Plan Task Force, which was established at the request of the Board of Supervisors, is comprised of representatives of the six cities served by Consolidated Fire, the County Taxpayers ' Association, the United Professional Firefighters Local 1230, and the Consolidated Board of Fire Commissioners. The meeting was attended by representatives of Clayton, Pleasant Hill, Walnut Creek, the County Taxpayers ' Association and the United Professional Firefighters Local 1230. In varying degrees, the Task Force representatives at the meeting expressed support for the recommendations in the report. However, the majority of the representatives present also expressed the view that the allocation policy must contain a definite time schedule for districts to reduce or eliminate their reliance on the SDAF. We believe that recommendation No. 3 addresses this concern of the Task Force. The representatives also stated a strong interest in attending the Finance Committee meeting to be involved in discussions regarding the allocation procedures. on June 12, 1989, the Finance Committee held a scheduled meeting to consider the return-to-source issue. Supervisor Tom Torlakson filled in for Supervisor Nancy Fanden who was absent because of a scheduling conflict. The meeting was attended by representatives of the cities of Brentwood, Clayton and Walnut Creek, a representative of the Contra Costa County Fire Protection District, a representative of the Firefighters Union and various fire district personnel. Fire District Special District Augmentation Fund Allocation Formula (Return to Source) Page 3 The County Administrator' s Office presented a brief overview of the return-to-source issue. A discussion ensued regarding the pros and cons of the return-to-source concept and the needs of the fire districts. It was generally agreed that there was not enough property tax revenues to meet all the needs of the fire districts. Some of the city representatives expressed the view that redevelopment agencies should contribute to the fire districts. Supervisor Schroder stated the importance of not letting fire district services deteriorate. Supervisor Torlakson discussed the need for another revenue source such as a County-wide baseline assessment that could be used to augment property taxes and SDAF. He also suggested the possibility of establishing special tax areas for new construction. It was further proposed that the baseline assessment and/or the revenue from the special tax areas be used to reduce SDAF allocations to districts. Although the districts should be encouraged to consider these potential financial resources, a County-wide benefit assessment may not be acceptable to the residents of those districts that have implemented benefit assessments and/or development fee programs. Additionally, since the Board declined to implement the benefit assessment in the central County area because of the concerns of the cities regarding return-to-source, it would seem unlikely that there would be support for a broader based benefit assessment program. In view of the above discussion, it is our recommendation that the Board not implement a County-wide assessment, but that the special tax area concept be considered by the County Administrator' s Office and the various fire districts in pursuing additional resources as discussed in Recommendation 3 above. The County has received letters from the cities of Hercules, Antioch and Pittsburg opposing the return-to-source concept from the standpoint that the cities have contributed to the fire districts serving their areas by direct financial support and/or support and implementation of benefit assessments and development fees. The cities also point out that these financing mechanisms were implemented with the understanding that the SDAF support would continue to maintain the existing service levels. The Rodeo-Hercules Fire Protection District also sent a letter of opposition to the return-to-source idea. On November 13, 1989 the Finance Committee met to consider the status of return-to-source issue and to develop recommendations to the Board of Supervisors. The County Administrator' s Office provided an update on the status of the return-to-source issues. The Administrator' s Office and the fire-chiefs discussed the efforts most of the fire district have made to obtain additional funding. Further discussion took place regarding the substantial revenue losses to redevelopment agencies experienced by fire districts. Accordingly, the Finance Committee developed the recommendation to adopt a redevelopment policy designed to obtain additional financial support for fire districts from redevelopment agencies. The Board referral of the return-to-source issue included a request for County Counsel to report to the Finance Committee on the legal aspects of the return-to-source proposal. Attached is a memorandum from County Counsel in response to that request. SUMMARY The recommendations of the County Fire Chiefs ' Association and the County Administrator' s Office are designed to maintain funding levels for the fire districts that rely on the Augmentation Fund. The recommendations also recognize the needs of the Consolidated Fire District and the concerns of the cities served by the District. Fire District Special District Augmentation Fund Allocation Formula (Return to Source) Page 4 It was recognized that a return-to-source policy that would satisfy the ,,wishes of the Consolidated Task Force, would severely impact several county and independent fire districts. However, in recognition of the need to demonstrate support by the County for the expansion needs of Consolidated, it was recommended that the practice of allocating supplemental funds for station construction and staffing be continued in the hopes that the Task Force cities would agree to help support the Five-Year Expansion. Plan by providing financial resources and/or supporting the Board in establishing a benefit assessment for fire station staffing. cc: County Taxpayers ' Association United Professional Firefighters Local 1230 County and Independent Fire Protection Districts County Counsel Kerry Harms-Taylor Contra Costa County Fire Protection District Commission Terri Williamson, City of Pleasant Hill Ed Skoog, City of Walnut Creek Gary Hernandez, City of Martinez W2• 4y TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator DATE: February 22, 1989 SUBJECT: Fire District Special District Augmentation Fund Allocation Formula (Return to Source) Specific Request(s) or Recommendations(s) & Background S Justification RECOMMENDATIONS: 1. Adopt a policy of allocating supplemental funds for building and staffing new fire stations with priority consideration for districts that contribute more to the Fund than they receive through the normal allocation process and/or whose cities support and participate in the financing plans. 2. Request the County Auditor-Controller and the County Administrator, in conjunction with the fire districts, to consider the development of a new comprehensive financial report which would identify, as part of annual budget review, all aspects of fire district financial information as outlined in the attached report from-the County Fire Chiefs' Association. 3. Direct the County Administrator to work with fire districts to identify and pursue additional revenues sources with the objective of reducing SDAF receipts to an amount equal to the amounts contributed to the Fund. Progress toward achieving this objective would be reported to the Board on an annual basis. 4. With the exceptions recommended above, continue the current method of allocating Special District Augmentation Funds (SDAF) on the basis of demonstrated need. FINANCIAL IMPACT: To the extent that new revenue sources are identified and obtained by the districts, the recommendations of this report would result in additional supplemental allocations to districts in need of expansion. CONTINUED ON ATTACHMENT: X YES Signature: Z ��c— Recommendation of County Administrator Recommendation of Board Committee Approve Other Sinnature(s): Action of Board'on: Approved as Recommended Other X REFERRED proposed Fire District Special District Augmentation Fund Allocation "Return to Source" formula to the Finance Committee for further review, and REQUESTED County Counsel to report to the Finance Committee on the legal aspects . Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent III ) AMID ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Z_ Attested: February 28 , 1989 cc: CAO Phil Batchelor, Clerk of Auditor-Controller the Board of Supervisors County Counsel and County Administrator County and Independent Fire Districts Contra Costa County Fire Protection By: 9_L DEPUTY District Commission Contra Costa County Taxpayers Assn. NAR REASONS FOR RECOIII'MATION/BACKGROUND: In July 1987, the Contra Costa County Fire Chiefs' Association and, approximately one year later, the Contra Costa County Fire Protection District Five-Year Expansion Plan Task Force adopted positions recommending that the Board of Supervisors initiate a new Special District Augmentation Fund (SDAF) allocation process that would result in the fire districts' share of the Fund being allocated proportionately to the districts without regard to need. The "Return to Source" proposals of the two groups are virtually the same, with the exception that the Chiefs' Association proposal would provide an allocation to the San Ramon Valley Fire Protection District. The Consolidated Task Force proposal restricts allocations to those districts that are currently eligible for and are receiving SDAF allocations. As a result of these proposals, your Board requested the County Administrator to analyze the two proposals and determine the impact on the districts of implementing either proposal. The projected impact of a return to source policy will vary depending on the assumptions made about variable factors such as: the fiscal year in which the proposal would apply, whether the proposal applies to both operations and capital expenditures, the amount of funds available for distribution, and whether the San Ramon Valley Fire Protection District is included in the allocation process. The presentation in this report regarding the impact of a return to source policy is based on the Consolidated Task Force proposal which excludes San Ramon Valley from the allocation process. San Ramon Valley is not included in the return to source illustration because it has become financially independent over the last several years and has not required augmentation funds for maintenance of basic service levels. In fact, the District has been able to expand to meet the needs of the community without allocations from the Special District Augmentation Fund. The analysis of the proposal revealed that almost half of the County and independent fire districts would experience significant revenue reductions under the proposal. In order to illustrate the magnitude of the adverse impact of a return to source policy a scenario was developed by the County Administrator using the actual budget and Augmentation Fund figures for fiscal year 1988-1989 with the assumption that the formula would apply to the total amount of the fire districts' share of the Augmentation Fund, less certain administrative costs and a reserve for contingencies. The application of a return to source formula as outlined above would result in certain districts receiving substantially more than they actually received under the current allocation method as shown on the attached Schedule A on page 4. However, six county and independent fire districts would have experienced the following reduced funding for operations and capital: Reduction as a District Funding Reduction percent of budget Bethel Island $133,753 38% East Diablo 37,091 5% Kensington 208,838 17% Riverview 486,004 6% Rodeo-Hercules 149,058 11% West County 142,891 7% In view of the severe adverse impact of the proposal on some districts, the County Administrator's Office developed the following three alternative proposals designed to maintain basic allocation levels but provide for a partial allocation on a return to source basis. 1. Automatic Base and Growth Allocation - This proposal would only apply to the operations portion of the fire districts' share of SDAF. The proposal would guarantee each fire district a base year allocation equal to the prior year's operations allocation plus a share of the SDAF growth based on a return to source concept. An application of this alternative is shown on the attached Schedule B on page 5. The example used to illustrate this alternative is based on actual 1988-1989 allocations to date and. a redistribution of the growth revenue on a return to source concept. If all available operating funds for 1988-1989 were allocated pursuant to this proposal, the return to source amounts would be substantially higher. However, under either scenario a formula allocation method would have allocated more funds to some districts than they actually needed and in other cases less would be allocated than needed to maintain services. 2 2. Automatic Base and Possible Growth Allocation - This proposal would be very similar to No. 1 above except that the allocation of SDAF growth would not be automatic but would be subject to the review and approval of the County Administrator and the Board of Supervisors. 3. Need Plus Restricted Supplemental Allocations - This is basically the current allocation method but would provide supplemental allocations to those districts that contribute more to the Fund than they receive through the usual allocation process. The County Administrator's Office requested the Chiefs' Association to review the findings of the return to source analysis . and to consider other alternatives to the return to source proposals with the objective of identifying a proposal that would minimize adverse effects on the districts but provide an allocation process that would be acceptable to the districts and the County Administrator's Office for recommendation to the Board of Supervisors. The Chiefs' Association referred the issues to its Capital Outlay Committee for review and recommendation. The Committee met in conjunction with the County Administrator's Office on several occasions over the past few months. The Committee considered a number of alternate proposals in addition to the ones proposed by the County Administrator, but was unable to arrive at a consensus recommendation to the Chiefs' Association. The Association subsequently discussed the issues at length at three separate meetings which resulted in the adoption of the attached Findings and Recommendations from the Association. The Association's recommendation to maintain the present allocation method, subject to certain conditions, supersedes the early recommendation that the Board establish a return to source policy. The Association changed its position on the return to source proposal because of the severe impact on approximately half of its member districts and the lack of a consensus to make substantive changes in the allocation process. Although the Association was unable to agree on a distribution formula, it did recognize the problems of districts such as Consolidated Fire that are net contributors to SDAF and are unable to finance their five-year plans. t The Consolidated Five-Year Expansion Plan Task Force comprised of representatives of the six cities served by the District, the United Professional Firefighters Local 1230, the County Taxpayers Association, and the Consolidated Board of Fire Commissioners took the position that Consolidated Fire should receive its proportionate share of the fire district's portion of the Augmentation Fund as a precondition to establishing a benefit assessment or other means of financing the Five-Year Plan. In view of the concerns of Consolidated Fire and the position of its Task Force, the Chiefs' Association adopted a two-fold recommendation to deal with the issue. The Association recommended that the Board formalize and continue the allocation of supplemental funds for new stations and personnel to net contributor districts such as Consolidated Fire. Additionally, the Association recommended that efforts be made to provide more supplemental funding for districts such as Consolidated by requiring districts to seek other financial resources, thus reducing the demands on the Augmentation Fund. Although there is not unanimous agreement about an approach, the recommendations before the Board address the most pressing issues of funding based on need and giving special consideration to additional needs of net contributor districts. The recommendations of this report were discussed with representatives of the United Professional Firefighters Local 1230 and the County Taxpayers Association because of the County-wide application of the report. The President of Local 1230, Mike Price, was not able to comment on the report without discussing its contents with the union membership. Donald Christen, Executive Vice President of the Taxpayers Association stated that the recommendations of the report seemed reasonable in view of the severe consequences of implementing a return to source policy. 3 SCHEDULE A Consolidated Task Force "Return to Source" Proposal Fiscal Year 1988-1989 Return To Increase Contribution Receipts from SDAF Source (RTS) (Reduction) District To SDAF Operations Capital Total Allocation(A) Based on RTS Bethel Island $ 88,014 $ 213,725 $ 6,448 $ 220,173 $ 86,420 $( 133,753) Byron 150,058 -0- 2,110 2,110 147,184 145,074 Contra Costa County 13,065,868 7,457,967 1,641,240 9,099.207 12,824,595 3,725,388 Crockett- Carquinez 89,774 76,193 6,668 82,861 88,220 5,359 East Diablo 400,851 306,232 124,250 430,482 393,391 ( 37,091) Kensington 354,389 556,769 -0- 556,769 347,931 ( 208,838) Moraga 1,271,244 976,529 52,250 1,028,779 1,247,689 218,910 Oakley 249,637 52,199 52,170 104,369 245,082 140,713 Orinda 1,662,125 1,064,983 58,150 1,123,133 1,631,403 508,270 Pinole 104,897 56,135 -0- 56,135 103,073 46,938 Riverview 4,003,328 3,690,515 724,899 4,415,414 3,929,410 ( 486,004) Rodeo-Hercules 382,657 524,670 -0- 524,670 375,612 ( 149,058) Tassajara 89,274 42,074 6,645 48,719 87,545 38,826 West County 1,016,326 1,108,697 31,850 1,140,547 997,656 ( 142,891) Total $22,928,442 $16,126,688 $2,706,680 $18,833,368 $22,505,211 $3,671,843 (A) Based on allocating 80% of the total 1988-1989 SDAF less amount allocated for administrative support and a 1% reserve. The net amount of $22,505,211 is allocated proportionally on the basis of contributions to SDAF. 4 SCHEDULE B AUTOMATIC BASE YEAR ALLOCATIONS AND RETURN TO SOURCE OF SDAF GROWTH REVENUE (Reduction) Base SDAF RTS 1988-1989 Allocation Increase Operations Allocation 87-88 Base & Based District 1987-88(A) 1988-1989 88-89 RTS Actual(B) on RTS Bethel Island $ 255,133 $ 5,326 $ 260,459 $ 241,808 $ 18,651 Byron 0 9,071 9,071 0 9,071 Contra Costa County 8,020,196 790,347 8,810,543 9,058,725 (248,182) Crockett-Carquinez 52,051 5,437 57,488 90,235 ( 32,747) East Diablo 256,201 24,244 280,445 362,399 ( 81,954) Kensington 662,941 21,442 684,383 556,769 127,614 Moraga 990,178 76,892 1,067,070 1,145,029 ( 77,959) Oakley 69,161 15,104 84,265 69,049 15,216 Orinda 1,206,652 100,539 1,307,191 1,281,226 25,965 Pinole 83,808 6,351 90,159 56,135 34,024 Riverview 3,936,292 242,159 4,178,451 4,238,142 ( 59,691) Rodeo-Hercules 632,843 23,148 655,991 524,670 131,321 Tassajara 25,915 5,395 31,310 42,074 ( 10,764) West County 1,356,724 61,483 1,418,207 1,268,772 149,435 Total $17,548,095 $1,386,938 $18,935,033 $18,935,033 0 (A) Includes 1986-1987 year end funds allocated in July, 1987, in the amount of $1.6 m. (B) Includes 1987-1988 year end funds allocated in July, 1988, in the amount of $2.8 m. 5 CONTRA COSTA COUNTY FIRE CHIEFS ASSOCIATION February 9 , 1989 Mr. Terry McGraw Office of the County Administrator Contra Costa County 651 Pine St. Martinez , CA 94553 Re: Recommendations on Special District Augmentation Funding Dear Terry; As you know the Office of the County Administrator requested the County Fire Chiefs Association to review and comment on several proposals to modify the existing Special District Augmentation Fund (SDAF) distribution system. These proposals were referred to the our Capital Improvements/Finance Committee for study. Several open meetings were held on the subject many of which were very well attended by our membership. After a great deal of study and discussion on these issues our committee developed a brief report on S.D.A.F. which was presented to the membership at our regular meeting on February 8 , 1989 . The committee findings and recommendations were approved by our members at that time. The attached summary report represents the Contra Costa County Fire Chiefs Association' s current position on distribution of S.D.A.F. Our prior resolution, #87-01 ; Return of Special District Augmentation Funds to Source Districts is amended by approval of this report. I believe these recommendations are in the best interests of our member fire districts and we are pleased to have had the oppor- tunity to provide our input. We ask that be advised of any future county meetings that are held on S.D.A.F. so that we may continue to provide our views on these issues. Thank you for the valuable assistance you provided to our group. I know many hours of hard work went into the preparation of the financial information you provided to our committee. Without your help we would have had a more difficult time coming to consensus on this complex and important subject. Sincerely; John Cooper + +� �� .J:,0 President cc: Kerry Harms-Taylor CONTRA COSTA COUNTY FIRE CHIEFS ASSOCIATION CONTRA COSTA COUNTY FIRE SERVICE SUMMARY REPORT ON SPECIAL DISTRICT AUGMENTATION FUND FEBRUARY 9 , 1989 FINDINGS 1. There is no consensus amongst the Fire Chiefs to significantly change the present SDAF allocation method. 2. Each of the SDAF allocation methods studied , including the present method, has some negative impact on County Fire Districts and their ability to provide fire protection services. RECOMMENDATIONS 1. Except as noted in items 2, 3 , and 4 below, maintain the present method of allocating SDAF monies to fire districts in the 1989/90 fiscal year. 2. Allocate additional SDAF to provide funding, based on need, for staffing, land acquisition and construction of fire stations to help fire districts meet five year plan goals and objectives. Priority should be given to SDAF net contributor districts (those who contribute more than they receive) and/or fire districts whose cities participate financially in five year plans. Maintain existing financing plans to insure that cities within the fire districts contribute to these projects. 3 . Develop a standardized year end accounting report for each fire district which will provide specific information on: a. Actual contributions to SDAF b. Actual SDAF received, exclusive of any year end allocation made for fund balancing purposes. c. Funds from all other sources. d. Total expenditures including operations, capital improvements and debt service. e. Net excess amounts of SDAF received and/or contributed, if any. f. Revenue losses from redevelopment agencies, rebate of taxes and/or other sources. 4. Request the Office of the County Administrator to conduct a formal review of the finances of each fire district. The purpose is to insure that additional supplemental revenue sources are developed as needed. The goal would be that no fire district would receive more from the SDAF than they contribute to the S.D.A.F. and that all fire district' s become self sustaining. An annual report should be issued to the Board of Supervisors on each fire districts ' progress toward this goal. SDAF ISSUES DISCUSSED . Present method of allocating SDAF will not meet all county ' fire service needs: . at present limited funds are being allocated to build and staff new fire stations in high growth areas. . some capital outlay requests are unable to be funded . Current SDAF distribution method returns only 80% of SDAF to the fire service whereas fire districts contribute 90. 8% of the total SDAF. Some chiefs felt that 90.8 % of the SDAF should be returned to fire districts. The county disagrees as reductions in essential services provided by other special districts would result. . Several fire districts contribute more to SDAF than they receive. Conversely, some districts contribute less to SDAF than they receive. As a result some fire districts feel funds collected from their area are being used to provide fire protection to other fire districts. • All of the alternative SDAF distribution methods studied have some negative impact on fire districts. • The cities in Consolidated Fire District want that districts' proportional 80% SDAF contribution returned to the source fire district before imposing additional taxes or benefit assess- ment fees. . Redevelopment areas significantly reduce revenue to the the Riverview and Consolidated Fire Districts. . The County policy of using year end balances as starting funds for the following fiscal years budget provides no incentive for management to control operating costs. • The County practice of appropriating unspent funds into fire district budgets at end of fiscal year creates confusion as to each fire districts true financial needs and condition. . The County exercises very limited control on wages, benefits, and staffing of the independent fire districts which receive more from the SDAF than they contribute. • Most fire districts have not developed adequate supplemental sources of revenue to meet district needs should SDAF funding be reduced. COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ CAUFORNIA Date: June 8, 1989 To: Finance Committee I,7 V From: Victor J. Westman, County Counsel Re: Fire District's Special District Augmentation Fund Allocation Formula ( "return to source" ) proposal Earlier this year the Board .of Supervisors referred to the Finance Committee a proposal for the implementation of a "return to source" formula for the future distribution of Special District Augmentation Funds in subsequent fiscal years to fire districts. At that time, the Board also asked the County Counsel's Office to report its comments on the legal aspects of this proposal to the Finance Committee. Our comments follow: 1. Subsequent Fiscal Years . Pursuant to Revenue and Taxation Code 5 98.6, the Board of Supervisors is required on or before June 1 of each fiscal year to notice a hearing on the proposed distribution of funds available in the Special District Augmentation Fund for allocation to eligible districts. (Govt C. S 16271. ) This public hearing is held "for the purpose of determining the distribution of the funds" . (subs . (c) , S 98. 6. ) Because of the required annual hearing (and related) requirements, the Board of Supervisors cannot now make any legally binding commitment as to the manner it will distribute Augmentation Fund proceeds in subsequent fiscal years except for the next immediately commencing fiscal year. In other words,. a prior Board of Supervisor's decision cannot prescribe the manner in which a subsequent Board exercises its annual fiscal year allocation of the subject fund. Of course, the Board may adopt tentative guidelines or procedures which it may or may not chose to follow in subsequent fiscal years. 2. Purpose. In the relevant state statute (R.&T.C. S 98 .6) it .is provided that the Special District Augmentation Fund is created in each county "to augment the revenues of special districts" . This statute makes no other expression of its intent but the California Attorney General' s Office has opined that in its view "it is evident that the legislature intended for the fund to provide flexibility and a measure of local control in the property tax allocation process" . (70 Ops. Cal. Atty. Gen. 87 . ) Finance Committee -2- June 8, 1989 3. Discretion. On or before June 1 of each fiscal year the Board of Supervisors has broad discretion (pursuant to the provisions of Revenue and Taxation Codes § 98 .6 ) to determine the manner in which available funds in the Special District Augmentation Fund will be allocated. The only apparent limitations on such allocation are: (a) The funds must be used "to augment the revenues of [eligible] special districts" . (subs. (b) , S 98.6 . ) (b) When determining the amount of the fund to be distributed to each special district, the Board of Supervisors cannot consider any revenue received by a district pursuant to an authorized special tax election. (subs. (e) , S 98.6. ) (c) Available augmentation funds cannot be allocated to a district where it is intended they will be transferred to the County except as reimbursement for County services rendered to the district. (subs• (g) , R.&T.C. S 98.6 . ) (d) The Board of Supervisors may not annually apportion in excess of 1% of the amount available in the fund to reimburse it for its expenditures of administering the special district augmentation fund and in no event may such annual reimbursement exceed its actual demonstrated cost for such administration. (subs. (j) , R.&T.C. S 98.6. ) If we may be of any further assistance, please advise. VJW:df cc: Phil Batchelor, County Administrator Attn: Kerry Harms-Taylor, Assistant df4\sp-diet