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Regular-General Government   # 51.
Board of Supervisors
County Administrator
Meeting Date:
12/06/2022
Brief Title
Reorganization Application for Elkhorn Fire Protection District
From:
Gerardo Pinedo, County Administrator
Staff Contact:
Mark Bryan, Interim Deputy County Administrator & Elisa Sabatini, Manager of Natural Resources
Supervisorial District Impact:
Countywide

Subject

Adopt a resolution directing staff to file an application with the Yolo Local Agency Formation Commission (LAFCo) to initiate a reorganization of the Elkhorn Fire Protection District (EFPD), dissolving EFPD and annexing EFPD’s territory into the Springlake Fire Protection District and County Service Area No. 9, approve funding guidelines and distribution formula for rural fire protection districts, and receive update on LAFCo Area 4 efforts. (No general fund impact) (Pinedo/Bryan/Sabatini)

Recommended Action

  1. Adopt a resolution directing staff to file an application with the Yolo Local Agency Formation Commission (LAFCo) to initiate a reorganization of the Elkhorn Fire Protection District (EFPD) dissolving EFPD and annexing EFPD’s territory into the Springlake Fire Protection District and County Service Area No. 9. (Att. A);
     
  2. Approve funding guidelines and funding distribution allocations for 12 rural fire protection districts (Att. B & C); and
     
  3. Receive an oral update on reorganization efforts in LAFCo Area 4 (East Davis, No Man's Land, and Springlake fire protection districts).

Strategic Plan Goal(s)

Safe Communities

Reason for Recommended Action/Background

Comprehensive Long-Term Sustainability for Fire Protection Districts
In 2018, Yolo County staff researched and prepared a report regarding the challenges facing the Yolo County Fire Protection Districts. These challenges are occurring nationwide and include a declining volunteer base coupled with increasing call volumes and the increasing cost of apparatus replacement. The report was presented in July 2019 to the Yolo County Fire Chiefs Association and to the Yolo County Board of Supervisors.  As a result, the Board directed staff to work with the fire districts to develop a long-term sustainability plan and formed a Yolo County Fire Protection Sustainability Board Ad Hoc Committee for this purpose, consisting of District 3 Supervisor Gary Sandy and District 5 Supervisor Angel Barajas. Representatives of the Yolo County Fire Chiefs Association are also members of the committee. 

The County, through this initial effort, produced a report, "Yolo County Fire Protection Districts: A Review of Challenges and Strategic Approaches" which was presented to the Board of Supervisors at the July 23, 2019 Board meeting (Item #59). The 2019 report described challenges facing the Yolo County rural fire protection districts. The primary challenges are:
  • Recruitment and retention of volunteers
  • Increased calls for services
  • Obtaining sufficient funding to maintain operations
It is important to note that the challenges facing Yolo County fire protection districts are not unique to Yolo County and mirror challenges in the delivery of fire protection services at both the state and national level.  It is also important to note that challenges affecting the County's rural fire protection districts affect all Supervisorial districts throughout the County and are of County-wide concern.  See map provided as Attachment D, and chart below. 
 
Fire Protection District Dist. 1 Dist. 2 Dist. 3 Dist. 4 Dist. 5
Capay Valley         X
Clarksburg X        
County Service Area 9 X        
Dunnigan         X
East Davis X   X X  
Elkhorn     X   X
Esparto         X
Knights Landing         X
Madison   X X   X
No Mans Land X     X  
Springlake   X X X X
West Plainfield   X X    
Willow Oak     X   X
Winters   X      
Yolo         X
Zamora         X

The overall goal of the ad hoc committee is to work collaboratively with the Yolo County Fire Chiefs Association to develop a suite of options and implementation strategies to share with the Fire Districts and the County Board of Supervisors for consideration regarding long term sustainability of fire protection services in Yolo County. 

LAFCo Municipal Services Review and Nexus to Long-Term Fire Protection Sustainability

The 2022 Yolo County Local Agency Formation Commission’s (LAFCo) Municipal Services Review (MSR) and Sphere of Influence (SOI) Update for the fire protection districts was unanimously adopted by LAFCo on July 28, 2022 and can be found here. On September 27, 2022, the Board received an update (Item # 25) on the results of the 2022 LAFCo MSR for the fifteen (15) Fire Protection Districts (FPDs) that serve the unincorporated area of Yolo County, including County staff’s regional governance recommendations. The Board took the following actions at that time: 
  1. Adopted the 2022 LAFCo MSR for the County's fire protection districts as the guiding document for long-term fire protection sustainability; 
  2. Directed staff to develop recommendations on how to allocate and distribute the $550,000 set aside funding for Fire Sustainability; 
  3. Adopted all LAFCo MSR recommendations and directed staff to proceed with an outreach and analysis process for the reorganization of LAFCo's Area 4 (CSA-9, East Davis, No Man's Land, and Springlake FPDs); 
  4. Directed staff to monitor, on a 12-18 month repeating basis, the implementation of the 2022 LAFCo recommendations by each fire protection district; and
  5. Directed staff to return to the Board before the end of the 2022 calendar year with a resolution initiating the reorganization of Elkhorn Fire Protection District. 
This Board item addresses items #2, #3, and #5, above. 

LAFCo Area 4 Reorganization
Elkhorn Fire Protection District
Per the Board's direction on September 27, 2022, County staff have been focusing on the reorganization of the Elkhorn Fire Protection District within Area 4. Staff have worked with various Fire Commissioners via conference call/online meetings (approximately 1x per week, during October and November 2022), as well as attended two meetings of the Elkhorn Fire Protection Commission in person. 

Through the course of these important discussions, staff have researched and analyzed various requests from the Elkhorn Commissioners and Chief, as well as assisted with the creation of maps and narratives exploring alternatives such as:
  • Trifurcating the Elkhorn Fire District in various configurations (portions assigned to Springlake and CSA-9 and a portion reserved for Elkhorn FPD to service)
  • Converting Elkhorn to a "contract only" fire protection district
  • Contracting with Springlake/CSA-9 for response to motor vehicle collisions on River Rd. and I-5
  • Dissolving Elkhorn Fire Protection District and forming a "volunteer fire company" (501.3.c non-profit)
Staff are confident that the Elkhorn Commissioners and Chief understand the process that will be undertaken by LAFCo should the Board adopt the resolution (Attachment A) initiating an application to LAFCo seeking reorganization of the Elkhorn Fire Protection District. Elkhorn FPD stakeholders understand that LAFCo staff will make recommendations to its LAFCo Commission regarding the potential reassignment of assets, jurisdictional changes, and assignment of revenues going forward. Stakeholders have been advised to where and how they can best participate in the process and what to expect over the 12-18 month LAFCo review and analysis period. 

Per the Board's explicit direction on September 27, 2022, staff have drafted a resolution for the Board's consideration that formally proposes a reorganization of the Elkhorn Fire Protection District, directs County staff to prepare and submit the required application and supporting materials to the Yolo LAFCo, and designates the County Administrator as the signatory to the application. The resolution is provided as Attachment A to this staff report. 

County Service Area 9 and East Davis, No Mans Land, and Springlake FPDs
As described at the September 27, 2022, Board meeting, staff proposed to focus on Elkhorn FPD between October and December, then expand focus to include the proposed reorganization of the remaining Area 4 districts to comport with the contract service area boundaries of the cities of Davis, West Sacramento, and Woodland. See Attachments E and F for the existing FPD boundaries and the LAFCo proposed reorganized boundaries. (Note: Attachment F depicts the LAFCo recommended modifications. Staff's recommendation to the Board may differ from as the outreach and analysis process for the remainder of Area 4 has just begun.)

County Service Area 9 (aka "CSA-9" and/or "Garcia Bend CSA") is governed by the Yolo County Board of Supervisors, as is the No Mans Land Fire Protection District.  Neither entity has an advisory body overseeing it. CSA-9 (pop. 8 residents) services approximately 2,500 acres and contracts with the City of West Sacramento for fire protection services.  No Mans Land FPD (pop. 82 residents) contracts for fire protection services with the City of Davis. Staff will coordinate with staff from the Department of Financial Services, the CSA Manager, Office of the County Counsel, the City of West Sacramento, and the City of Davis (fire protection service providers) over the coming months as discussions related to the larger reorganization of Area 4 unfold.  

East Davis FPD services approximately 29,100 acres and serves the unincorporated communities of El Macero, Willowbank, and Davis Creek (pop. ~2,100 residents). East Davis FPD is governed by a 5-member fire commission (via a delegation of authority from the Board of Supervisors). East Davis FPD has contracted with the City of Davis for fire protection services since 1966. County staff hosted a "kick off" meeting to provide an overview of the outreach and analysis process on November 28, 2022.  County staff will begin regularly meeting with the East Davis fire commissioners on December 15, 2022. 

Springlake FPD is approximately 33,000 acres in size and serves a mix of agricultural, residential, commercial, and industrial properties in the areas adjacent to Woodland and Davis (pop. ~4,500).  Springlake FPD is governed by a 5-member fire commission (via a delegation of authority from the Board of Supervisors).  The FPD is serviced by Woodland FD in the north, Davis FD in the south, and the UC Davis FD on the campus of UC Davis. County staff hosted a "kick off" meeting to provide an overview of the outreach and analysis process on November 28, 2022. County staff will begin regularly meeting with Springlake fire commissioners in December 2022. 

Contingency Funding for Long Term Fire Protection Sustainability 

The Board of Supervisors set aside $550,000 in contingency funding to be used during FY 2022-23 for efforts that further the long-term sustainability of rural fire protection districts (September 21, 2021, Item #30). This "set-aside" funding is in addition to previous funding allocated to the rural fire protection districts, including: 
  • FY 21-22: $200,000 in Cannabis Tax revenues via the Rural Community Investment Program 
  • FY 22-23: $300,000 in Cannabis Tax revenues for outside consultant to complete/update Proposition 218 benefit assessments for all fire protection districts
The previous funding that was allocated directly to FPDs in FY 21-22 was specifically for "immediate wildfire season needs" and excluded funding for permanent staffing, capital improvements, apparatus replacement, or deferred maintenance.  

County staff worked collaboratively with the Yolo County Fire Chief's Association subcommittee to develop the proposed guidelines for FY 22-23 fire sustainability funding. This staff level working group met three (3) times (October 21, November, 9, and November 10, 2022) for the express purpose of developing funding guidelines and a funding distribution formula for these "set aside" funds. The resulting draft guidelines and funding distribution formula were presented to the Fire Sustainably Ad Hoc Committee on November 16, 2022, and are provided as Attachments B and C to this staff report. A summary of the guidelines is provided below: 
  • Funds should only be available to direct service fire protection districts, however, an exception should be made for Winters FPD, a contract district that is primarily supported by volunteer firefighters (4 career staff, 50 volunteer staff).
  • Set aside $50,000 of the $550,000 for additional services from the Prop 218 consultant. This funding would be used to fund additional support for those FPD’s that choose to pursue a Prop 218 election, such as assistance with outreach, balloting, elections, and implementation. Further information is provided below. ($3,000 x 15 FPD’s = $45,000, plus $5,000 contingency)
  • Distribute the remaining $500,000 amongst the direct service FPD’s, with the addition of Winters FPD, as described below. 
The Fire Sustainability staff working group has expressed a preference for using a portion of the contingency funds to acquire additional support services with the implementation of Prop 218 elections. Staff recommends that the Board set aside $50,000 of the allocation for the purpose of funding additional services from SCI Consultants such as outreach materials and messaging, printing and distribution of ballots, running the formal election, and implementing approved new fees/assessments. The representatives from the Yolo County Fire Chiefs’ Association have expressed support for this specific proposal. Staff recommends that these funds be made available for all fire protection districts who choose to pursue an assessment through the Prop. 218 process.

Staff recommends that the Board allocate the remaining $500,000 among the 11 direct service fire protection districts, with the addition of Winters FPD, see bullet #1 above. The work group, over the course of three meetings, developed the funding distribution model (Attachment C). The funding model considers feedback received from the entirety of the Yolo County Fire Chief’s Association (YCFCA), which was provided during the November 8, 2022 YCFCA meeting.

The formula equally divides 60% of the funding among the eligible districts and allocates the remaining 40% of funding based on a 3-year average of calls for service received, creating a hybrid model that is part equal distribution and part volume based. This means that each eligible district would receive a flat amount of $25,000 (the equal division portion of the formula) totaling $300,000 of the remaining $500,000 (after $50,000 is set aside for additional Prop 218 services).  An additional $200,000 would be distributed based on average 3-year call volume (the volume based portion of the formula).  This formula results in an average funding distribution of $41,667 per district, with Dunnigan receiving the largest distribution of $60,165 and Zamora receiving the most modest distribution of $31,427.  Further detail is provided in Attachment C

Per the draft guidelines, authorized expenditures include: 
  • Capital improvement projects and deferred maintenance
  • Efforts that ensure or increase firefighter safety
  • Apparatus or equipment replacement
  • Supplemental operating costs due to inflation/increased fuel costs
  • Recruitment and/or training of reserve/volunteer staff
  • Staffing costs
  • One-time incentive programs for existing volunteer/staff to ensure adequate staff are on-call (per diem/on-call pay)
  • Implementation of mutual aid/joint operating agreements that ensure improved response time and/or staffing is available
  • PPE’s, turnouts, SCBA’s, and similar equipment / supplies
  • Critical equipment repairs and other similar items
  • Matching funds for local, state, or federal grants
Staff generally recommends that the funding be made available on a reimbursement basis, however, staff acknowledges that this may create a hardship for some of the FPDs. Therefore, staff recommends that funds be made available to the FPDs that have secured formal quotes/estimates or documentation that orders have been formally placed. The Department of Financial Services is comfortable with this recommendation. 

As described above, the Fire Sustainability Ad Hoc Committee reviewed the draft guidelines and funding distribution model on November 16, 2022, and recommends that the Board approve them. 

Summary of Staff Recommendation

Staff recommends that the Board: 
  1.  Adopt the resolution of application with the Yolo Local Agency Formation Commission to initiate a reorganization of the Elkhorn Fire Protection District (Att. A); and
  2. Approve funding guidelines and funding distribution allocations for 12 rural fire protection districts (Att. B & C). 

Collaborations (including Board advisory groups and external partner agencies)

Staff have collaborated externally with: the staff of the Yolo Local Agency Formation Commission; the Yolo County Fire Chief's Association; the commissions and chiefs of Elkhorn, East Davis, and Springlake FPDs; and the chiefs of Woodland and West Sacramento fire departments. Staff have collaborated internally with: the Office of Emergency Services; the County Administrators' Office; the Department of Community Services; Office of County Counsel; and the Department of Financial Services. 

Fiscal Impact

No Fiscal Impact

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    0
Amount budgeted for expenditure:
$    0
Additional expenditure authority needed:
$    0
On-going commitment (annual cost):
$   

Source of Funds for this Expenditure

General Fund
$0

Further explanation as needed:

The subject $550,000 allocation was part of the 2022/2023 adopted budget.

Attachments

Form Review

Inbox Reviewed By Date
Mark Bryan Mark Bryan 11/29/2022 10:16 AM
County Counsel Hope Welton 12/01/2022 09:59 AM
Kimberly Hood Kimberly Hood 12/01/2022 11:10 AM
Form Started By:
esabatini
Started On:
09/28/2022 03:17 PM
Final Approval Date:
12/01/2022