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HomeMy WebLinkAboutMINUTES - 05201986 - RC.2 I� C 2- BOARD OF SUPERVISORS FROM: Resources ommittee tetra Costa DATE: May 13, 19 6 County SUBJECT: RIVERVIEW FIRE PROTECTION DISTRICT FIVE-YEAR FINANCING PLAN SPECIFIC REQUEST(S) OR ECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION- 1. Approve the Riverview Fire Protection District Five-Year Financing Plan as prep red by Robert M. Nyman, consultant. 2. Request the cities of Antioch and Pittsburg to endorse the plan. FINANCIAL IMPACT: The plan recommends adoption by the Board of Supervisors and the cities of Antioch and Pittsburg of a new fire protection facilities fee on new construction throughout the district. It is estimated that such fee would raise about $1,7510,800 over a five-year period. The fee would average about $235 per new dwelling unit. The report also recommends the commence- ment of a process to raise an amount of $416,000 annually from a new district-wide fire suppression benefit assessment. The assessment would amount to about $13 per residential dwelling unit per year. The revenue from such assessment would be used to finance the addition of eleven fire fighter positions. It is further recommended in the plan that the Board commence a process to sell ten acres of surplus fire district land. It is estimated that such sale will generate about $3 million which would be used to finance certain physical facilities. BACKGROUND: On May 12, 1986 Qur Committee met with consultant Robert M. Nyman and representatives from the County Administrator, County Counsel, Community Development and Riverview Fire Protection District to review the proposed five-year financing plan for the district. The plan sets forth recommended additions/improvements for the fire district over the next five-year period and a recommended plan for financing those improvements. Similar reports will be prepared for other County fire districts and will be reviewed by the Committee and referred to the Board as they become available. CONTINUED ON ATTACHMENT; YES SIGNATURE: RECOMMENDATION OF COUNTY ADMI AT RECOMMENDATION OF BOARD COMMITTEE APPROVE O R SIGNATURE[SSupervisor Tom Torlakson (Chairman) S.uperv' s r Nancy Fanden ACTION OF BOARD ON may 20 , 1955 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I 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: County Administrator ATTESTED May 20, 1986 City of Pittsburg PHIL BATCHELOR, CLERK OF THE BOARD OF City of Antioch SUPERVISORS AND COUNTY ADMINISTRATOR Riverview FPD Auditor-Controller ' BY ,DEPUTY M382/7-83 ( 951 W.EL DORADO DR. TELEPHONE: Robert M. Nyman P.O.Box 1700 (9161 696-4559 7. WOODLAND.CA 93693 April 15, 1986 County Administrator County �of Contra Costa Administration Building Martinez , CA Subject: Recommendations for Financing Fire District Five Year Plans -- RIVERVIEW Pursuant to a contract between the County and myself, presented in the attached, a �d summarized below, is the recommended plan for financing the imlprovements indicated for the Riverview Fire District. RECOMMENDED ACTION It is recommended that the County of Contra Costa implement the proposed financing plan by taking the following specific actions : 1 . Resources Committee of the Board of Supervisors , per the procedural process approved by the Board of Super- visors on October 29, 1985, authorizes the County Administrator, district Fire Chief and consultant to formally contact the following city governments to request specific city participation in the financing of the district' s Five Year Plan, as outlined below: a. City of Antioch requested to ( 1 ) provide, at no cost to the fire district, sites for the relocation of Station 81 and for the new Station 87; ( 2) provide for the use of the existing city fire facilities fee revenue for partial furnishing and equipping of the new Station 87;, and ( 3) provide for the use of the $50,000 amount from the "U.S . Steel" redevelopment pro- ject for construction of the replacement , Station 83 - b. City of Pittsburg requested to provide , at no. cost to the district, sites for the relocation of Stations 84 and 85. ; -two- f Riverview Five Y ar Plan Financing (con' t. ) 2. ResourcDs Committee recommends to the full Board of Supervi ors the adoption, by the County, of an un- incor o ated area Fire Protection Facilities developer or newonstruction) Fee, using the same fee schedule as recommended to be adopted by the cities of Antioch and Pit sburg, in order that there can be a uniform charge n new in throughout the fire district. The total amount to be realized from throughout the dis- trict would be $1 , 750,800, over a period of five years . (Estimated impact: approximate $235 fee per average new dwellini unit. ) ; 3. Resources Committee recommends to the full Board of Superviors the commencement of a process to raise an amount Nf 416, 000 annually ($2, 080, 000 over a. period of five years) from a new district-wide Fire Suppression Benefit Assessment, to finance the addition of 11' fire fighter positions , as authorized by Sections 50078 et seq. of the Government Code. (Estimated impact: approximate $13 cost per average existing residential unit per year. ) ; 4. Res,ourc s Committee recommends to the full Board of Supervisors the commencement of a process to dispose of ten ( 101 acres of surplus fire district land (Delta Fair) , he proceeds from which would be used to finance part of the physical facilities outlined in the plan. RECOMMENDED FINANCING PLAN The plan for acheving the financing of the requested amounts contained in the district ' s Five Year Plan is summarized below ( It is detailed n the attachment . ) : 1 . Plan Development. The consultant had numerous meetings with th district' s management personnel and with other local o °ficials (.primarily city managers , city planning officials , county representatives ) in the development of the plan delineated in the attached list of seven ( 7) items . A team consisting of the management chiefs and the consultant carefully reviewed each item to determine the mosi appropriate method for financing each. Important to the cevelopment of each item' s recommended financing was a r cognition of the following factors: a . the financing plan needed to be balanced and to em loy the broadest possible financing methods , a �. -three- Riverview Five Year Plan Financing (con' t. ) difficult task since the passage of Proposition 13; b. the plan had to acknowledge that much of the need for new and relocated stations results t from recent and anticipated growth, and it was necessary to look to the generators of growth for much of the financing of necessary improve- ments . At the same time, it was important to recognize that all residents of the district would benefit from the additions of personnel and equipment and should carry a significant share of the on-going costs of enabling the district to continue to meet its responsibilities ; C . the plan needed to specifically propose the financial participation of the city governments , as facilitators of growth and as beneficiaries of the economic savings which have resulted from the creation of the single fire department serving both cities . The impact of the city redevelopment projects upon the fire district's revenue base also needed to be addressed, in some manner, by the financing plan; and d . that the resulting plan needed to be constructed in a manner which enabled a. vigorous campaign of endorsement by various governmental entities and the public in general. The plan needed to be able to be perceived by all as the primary tool for reconciling the fire service problems resulting from past and anticipated growth. It also needed to be the mechanism for implementing the Fire Protection portion of the County' s General Plan. 2. Methods of Financing Selected. As indicated above , it was necessary to explore and select financing altern- atives that provided a balanced and sharing approach, within the very limited alternatives available since the passage of Proposition 13. Four me hods of financing have been selected . These are bri fly listed below, along with the amounts to be realized from each: -four- Riverview Five Year Plan Financing (con' t. ) Method cif Total Amount Financing Financing Over 5 Years Covers a. City govern- ment participation $ 256 , 000 providing of sites t for one new and several relocations of existing stations. Existing Antiochfire de- portion of furn. velopme t fee 20, 000 and equip. for Station 87N Exi ting Antioch "U.S . Steel" redevel pment proj . portion of total funds collected for project cost , fire prIjects 50, 000 Station 83R bpro e from eds o sale . of sure us land (Delta various aspects Fair - 10 acres ) now of several owned bye district 3, 049, 200 projects c . Fire Protection various aspects Facilities (developer/ of several new construction) Fee 1 , 750,800 projects sub-total $5, 126 , 000 non-recur- ring costs of stations/ apparatus d. Fire Suppression cost of adding Benefit Assessment 11 fire fighter $2, 080, 000 recurring positions annual cost total for 5 years from $416 , 000#an- j.3 nual asses- sment gramd total $7, 206-, 0-00 , nor-recurring and recurring *the assessment would continue indefinitely (starting in 1986-87) after 5 year period - five - Riverview Five Year Plan Financing (con' t. ) The bas"s for recommending the four financing methods is disc ed below: a. City Government Participation. The management team which dgveloped the specific proposals believed it was ,- important for each city government to be involved, in some way, in the financing of the plan. This was not just desirable because of the size of the total amount of funds needed and the lack of alternatives . It was desirable because the fire district is a critical :part of each city' s municipal service resources, even though the district is not governed by either city, directly. It was ;lso believed the cities have benefitted financially in the ast, because of the creation of the district with its separate , but now inadequate, financial base. Finally the team was aware of the loss of additional propert taxes because of the method used by the cities and thecounty in financing redevelopment projects . This method, "tax increment financing, " generally provides that other units of local government using property tax financing, including the fire district, do not share , for many years , in the additional property taxes gen- erated ly a new redevelopment project , because the in- creased revenue is pledged to finance certain costs of the red velopment project . The district estimates that it has been impacted by the redeveloment projects of it ' s two cities to the extent of over 9620, 000, in the case of Antioch, and over $1 , 160, 400 , in the case of Pittsburg, since the city project were first commenced. In orde5 to partially address the district ' s non-sharing in the increased taxes generated by redevelopment projects , it is recommended that the cities agree to provide the district with its normal ( full) share of the property taxes from any new plans or projects , for which financing has notlalread,y been established. This recommendation,, although admittedly pragmatic , simply recognizes the reality that the cities have no practical way to alter the project financing, once established. Also, the district needs the assistance and support of the cities in achi ving its. Five Year Plan, and it would be counter- productive to alienate them over criticism of their decisions of the past. ( -six- Riverview Five Year Plan Financing (con' t. ) With the above discussion points in mind listed below are items of city participation in the accomplishment of Riverview Fire District' s Five Year Plan which appear realistic to propose: S s Cit of Antioch - city would be requested to: 1 ) provide , at no cost to the district, sites for the re- location of Station 81 and for the new Station 87. The estimated costs of the sites is $ 72, 000 and $40, 000, al- though the district would not care as to the actual costs of securing the sites and has developed the cost figures merely for planning and report purposes ; 2) allocate all funds that have been collected under the existing city-enacted new construction fee component ($50 per unit) for fire facilities ( estimated at $20, 000) for use in financing a portion of the required furnishings and equipment for the new Station 87; and 3) allocate the $50 , 000 amount to be financed from the "U .S . Steel" redevelopment project (under an action of the city) for use in total project costs of the relocation of Station 83 City of Pittsburg - provide , at no cost to the district, sites for the re- location of Stations 84 and 85. The estimated costs of the sites is $72, 000 each, although the amount is merely for planning and report purposes , and the district does not care about the actual amount for which the city can achieve the aquistions . Bot cities - 1 ) enact the new Fire Protection j -seven- f Riverview Five Year Plan Financing (con' t. ) Facilities (developer/new con- struction) Fee and rate structure proposed to be uniform throughout the district ; and 2) endorse the new district-wide •� Fire Suppression Benefit Assessment, as proposed in this report (would be enacted by the Board of Super- visors , as the governing body of the fire district) . b. Sale of Surplus Land. The district currently owns approxiTately 12 acres of land acquired some time. ago for, among other things , the location of a station to replace existing, Station 83. The 12 acres are located on Delta Fair Blvd . , in Antioch. In the course of development of these financing recom- mendations , it was concluded that achievement of the dis- trict' s Five Year Plan would not be possible without sig- nificant physical facilities financing beyond that which could reasonably be expected from either city contributions or developer/new construction fees . As a result, there was no alternative to recommending that only enough of the 12 acres be retained to site the replacement Station 83 ( ap- proximately 2 acres ) , with the remaining 10 acres to be declared surplus and processed = for sale in such a manner as to maximize the value to be received by the district. Without imprudently discussing the details of the method for arriving at the estimated value of the 10 acres , we are using a figure of $3 , 049, 200 , as a minimum estimate of the amount that could be realized for use in financing physical facilities in the plan. C . Fire Protection Facilities (developer/new construction) Fee . An amount of $1 , 750, 800 is proposed to be realized through the enactment of fee schedules , uniform throughout the district , by the two city councils and the Board of Supervisors ( covering the unincorporated area)which would be applied to new construction projects at the time' of issuance) of building permits . The new construction (de- veloper ) fee is based on a widely-used concept that new construction creates an impact upon the fire facilities , and the fee is intended to be a cost of mitigating that impact. The new construction fee, as proposed in this set of financing recommendations , is particularly appropriate . since developers are only asked to finance 34% of the t -eight- Riverview Five Year Plan Financing (con' t. ) total $-5, 126 , 000 cost of proposed new physical facilities . The sale of the surplus land and the reqquested city par- ticipation would cover the remainder (66%) of the cost of improving fire fighting facilities to meet past, current and anticipated growth within the district. It should be noted that elsewhere in the state, where city governments typically finance and operate fire de- partments , use of the new construction/developer fee for fire fighting facilities is common. Implementation of the fee would be by ordinances adopted by the city and county governing bodies. As indicated above, a standard fee schedule should cover the entire district, regardless of jurisdiction, in order to elim- inate any competitive advantage of one agency over the others , The $1 , 750,800 proposed to be realized from this fee , over the five year period of the fire improvement plan, when divided by the estimated number of typical resi- dential units anticipated to be constructed during the five year, period ( 7 ,44.9) , results in an estimated fee of $235per average dwelling unit. For non-residential construction, a. fee of approximately 15 cents ( 0. 15) per square foot would be needed. The number of units estimated to be constructed , and the resulting fee schedules, should be reviewed annually, with neces- sary adjustments made to ensure the realization of the $1 , 750, 800 within the five year period. An amendment of the county' s General Plan to permit the use of the new construction (Fire Facilities ) fee to mitigate ,;fire service impacts from new construction will be needed. The Board of Supervisors has already initiated the process needed to change its General Plan. Similar actions may need to be taken by the two city councils . d. Fire Suppression Benefit Assessment . The State Legislature has enacted Government Code sections pro- viding for the adoption of these assessments for fire suppression services provided by cities , counties and special districts. The legal authority commences with Section 5,0078 of that code . -nine- { Riverview Five Year Plan Financing (con' t. ) The process for using the assessments consists of the drafting of an ordinance following a model issued by the State Fi e Marshal. The ordinance contains a uniform schedule of rates based upon the type or use of property .,.and the risk classification of the improvements on the property]i The assessments must relate to the benefits to be received by the property so assessed. The assessments apply to most parcels within the district, however agri- cultural lands are treated differently from others , under the legal basis for the assessments . A written report is filed containing a description of each lot or parcel subject to the assessment, the amount of the assessment for each parcel for the fiscal year, and the basis and schedule of the assessments . The Clerk receiving the filing causes a copy of the notice of filing of the report and the time, date and place of a hearing on the proposed assessments to be mailed to each parcel owner, at least two weeks prior to a scheduled hearing. Upon the completion of the hearing of objections or protests ; the Board of Supervisors may adopt the asses- sments , if it finds the valid protests to be less than 5% of the total amount of expected revenue . If the amount of valid protests is more than 5%, the assessment must be submitted to the district voters for approval by a majority of those voting on the proposition. (The assessment must be abandoned if the protest is 50% or more . ) The adopted assessments are collected along with the annual property tax amounts for each parcel. The legislation authorizing the assessments has a Jan- uary 1 , 1988 "sunset" provision. Legislation to extend that date is now under consideration in the State Senate . As indicated in the earlier listing of methods of finan- cing recommended, a total of $2,080, 000 ($416, 000 per year) , to cover the hiring of 11 additional fire fighter positions , is proposed to be realized from a Fire Sup- pression ; Benefit Assessment during the five year period starting �,with 1986-87. I { -ten- Riverview Five Year Plan Financing (con' t. ) Based on an estimated 31 , 500 existing dwelling units in the Rive',rview Fire District, the ave ra e annual amount of the assessment would be approximately 13 per residential unit. There would be comparable rates adjusted for ., potential fire hazard for other types of property. The assessment would need to continue indefinetly to finance the 11 fire fighters after the end of the five year period. 3. Other Alliternatives . In earlier reports on the subject of fire service financing in Contra Costa County fire districts , lists of potential methods of funding have been included. A number) of these , in reality, only related to some method of borrowing, such as using a lease-purchase method for gaining the funds to construct a new fire station, etc . The problem with such methods is that they don' t raise any new revenue for paying the annual costs ( interest and redemption) of borrowing. The methods recommended in this report all raise new revenue , which is precisely what is needed, if the improvements listed in the district' s Five Year Plan are to be realized . One alternative that is available is a "special tax" submitted to the voters of the district for approval by a two-thirds vote of those voting on the measure (Govern- ment Code Sec . 50075 et seq. ) . This , of course , could be used to finance facilities and services under the Mello-Roos Community Facilities Act (Government Code Sec . 53313 ( b) ) . However, there is no advantage to the use of a "special tax" alternative , if the methods recom- mended in this report receive adequate support from the community. I This report was made possible by the assistance of the district ' s management chiefs and other personnel , managers of the cities of Antioch and Pittsburg and employees of the County of Contra Costa . I wish to extend my personal thanks for their assistance and pro- fess' al work. Ro ert M. Nyman Consult t