HomeMy WebLinkAbout06 - Proposal for Combined Helicopter Law Enforcement Operations•
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CITY OF NEWPORT
COCOUNCIL AGENDA
ITEM NO r,
POLICE DEPARTMENT
F:Y 'HE CITY Ct- ..-
SEP 91::?;
August 28, 1996 Ln n - r, n, _C?
TO: Honorable Mayor, Members of the City Council and City Manager
FROM: Bob McDonell, CHIEF OF POLICE C - 301
SUBJECT: Proposal for Combined Helicopter Law Enforcement Operations
Recommendation:
As unanimously approved by the Public Safety Committee, it is recommended
the City Council:
Approve the reorganization of the AirBorne Law Enforcement (ABLE)
Services combining the helicopter units of both the Newport Beach
Police Department and the Costa Mesa Police Department.
2. Authorize the City Manager to sign a revised ABLE Memorandum of
Understanding which is consistent with this report and to initiate Option
One of the proposed ABLE reorganization.
3. Transfer $39,447 from the ABLE Helicopter Trust Fund Account to the
Police Department for the 1996 -1997 Fiscal Year Budget.
Analysis:
Effective September 1, 1996, the Huntington Beach Police Department and the
Orange County Sheriff's Department are withdrawing from ABLE and will no
longer be a part of this program. Although the ABLE program was effective from
an operational standpoint, it did not meet its additional goal of reducing costs
and providing reasonable offsetting revenue. The reimbursements were based
upon calls for service but did not account for the overhead costs of keeping the
helicopters aloft between calls. An attempt was made to restructure the
program and assess the costs in a more realistic manner, but an agreement in
how to reorganize the program could not be reached amongst the four
participating agencies. As a result, the remaining cities of Newport Beach and
Costa Mesa will reorganize the ABLE program to continue operations.
The proposed restructuring of ABLE will consist of the cities of Newport Beach
and Costa Mesa combining their helicopter units into one joint unit, providing
service to both cities. The purpose is to maximize helicopter coverage while
reducing the costs of operation. This single unit will provide 18 hours of
coverage with 10 hours of flight time every day, seven days a week. The
Proposal to Combtf Helicopter Operations •
Page 2
revised unit will reduce the number of personnel from a total of 10 between the S
two separate units to seven in the new unit. At the same time, the number of
helicopters will be reduced from four to three, the two hangar operations will be
combined into one, and the number of mechanics will be reduced by one part-
time position. These changes will result in significant savings in personnel,
maintenance and operational costs. A portion of these savings will be
dedicated to establishing a capitalization fund to plan for the future purchase of
replacement helicopters.
Attached is a proposal to combine the Newport Beach Police helicopter
operations with the Costa Mesa Police Department under a modified ABLE
Memorandum of Understanding. This proposal recommends providing one
Sergeant and two Officers and our existing helicopters and equipment to ABLE,
along with four Officers and two helicopters from the Costa Mesa Police
Department to conduct air operations for both the City of Newport Beach and
the City of Costa Mesa.
This proposal was presented to both City Managers and Police Chiefs on July
23, 1996. In the report, two options were proposed. The first option would
replace two of the oldest helicopters with one new McDonnell Douglas 500E
helicopter and begin funding for future helicopter replacement, which neither
City has done before. This option can be accomplished within current budget
allocations and will result in significant maintenance cost savings due to the
replacement of two of the oldest aircraft. The second option analyzes
postponing the onset of the capitalization program and maintaining three
existing older helicopters that all have extensive hours of use. Although this
option would have some immediate savings, it would result in increased
maintenance costs and not address the necessity of replacement helicopters.
It is recommended the City Council authorize the City Manager to enter into an
agreement with Costa Mesa incorporating Option One. This option reflects the
share of ABLE costs for the City of Newport Beach to be $870,597 for Fiscal
Year 1996 -1997. This amount includes all costs of operation including
personnel, operational and capitalization costs for the program. Authorized
funding for helicopter operations in the Police Department's budget for this
Fiscal Year is $892,780. As noted in the attached table, even with full
capitalization and the lease purchase of a new helicopter, this option will
reduce the costs of helicopter operations by $22,183. This option proposes
returning the third police officer position from the existing Helicopter Unit to the
Patrol Division. To maintain this position for the final nine months of this fiscal
year would increase the Police Department budget by $39,447. This increase
should be offset by transferring $39,447 from the ABLE Helicopter Trust Fund
Account to the Police Department 1996/1997 budget.
Option One is the recommended option by both City Managers and Chiefs of
Police, as well as staffs of both Police Departments. This option is supported
because it will initiate, for the first time, capital funding for replacement •
helicopters. It will authorize the sale of the two highest hour ships and the lease
Proposal to CombAelicopter Operations 4
Page 3
. purchase of a replacement ship, without postponing these inevitable, yet
necessary costs, while at the same time, saving considerable money in
maintenance costs.
The proposal recommends the Sergeant position to be provided by the Newport
Beach Police Department receive an additional 10% flight pay incentive. The
increase is justified because of the additional duties and responsibilities the
Sergeant will be required to assume, including becoming a Certified Flight
Instructor for the Unit, supervising the additional personnel and coordinating the
unit between two agencies and other potential contract agencies. It is also
appropriate, given the incentive pay received by all other personnel in the unit.
Currently, the Costa Mesa Sergeant assigned to the Helicopter Unit receives
12 -1/2% flight incentive pay, as do all of the Costa Mesa pilot officers assigned
to the unit. The Newport Beach pilot officers receive either 15% Master Officer
pay or flight pay of 10 %.
Further discussions have taken place between the Santa Ana Police
Department, the Costa Mesa Police Department and the Newport Beach Police
Department.. The Santa Ana Police Department has agreed to continue to
contract for helicopter services from this new ABLE program as they did under
the previous ABLE format. They have a minimum of $200,000 available for air
support for this fiscal year and desire to enter into an agreement to become an
eventual partner. The City of Newport Beach would be in a position to receive
• one -half of these funds through our involvement with ABLE. This would result in
an additional $100,000 in revenue to the City of Newport Beach in this fiscal
year and result in a total net savings to this City of $60,553.
Additional potential revenues will be pursued under the new ABLE format as
well. The Regional Narcotic Suppression Unit, the Orange County Fire
Authority, and the Irvine Police Department have all indicated an interest in
contracting for some degree of helicopter services. Efforts will continue to
establish contractual arrangements with other agencies to make the most
effective use of our helicopters and help to offset the costs of operation.
Conclusion:
It is recommended the City of Newport Beach formally combine helicopter
operations with the City of Costa Mesa under a reorganized ABLE
Memorandum of Understanding. It is further recommended the City Council
approve the reorganization under the Option One proposal. The proposal will
reduce the overall costs of operation, provide for the lease purchase of one
replacement helicopter, while initiating the necessary capitalization for
replacement aircraft.
It is also recommended the Police Department retain the third officer position
made available through the ABLE reorganization and reassign it to the Patrol
. Division. The end result would be an increase of $39,447 to this year's budget,
to be offset by existing money in the ABLE Helicopter Trust Fund Account. As
Proposal to Combi *elicopter Operations
Page 4
an aside, it is important to note in the 1995/1996 Fiscal Year, the Police
Department realized total budgetary savings (according to current estimates of
the Assistant Finance Director at the time this report was written), of
approximately $371,742, the majority of which involved salary and benefits. It is
anticipated the Police Department will again have salary savings in this fiscal
year, which may also be used to offset this increase. At the same time, it is
anticipated the City of Newport Beach's share of ABLE revenue will exceed
$100,000 in this fiscal year, providing an additional source of funding to the
City.
Respectfully Submitted,
Paul Henisey, Captain
Patrol/Traffic Division Commander
;;4
Bob McDonell,
CHIEF OF POLICE
Attachments
1. Table of Newport Beach ABLE Costs
2. Proposal for Combined Law Enforcement Helicopter Operations
3. Resolution Approving Reorganizaton Plan for ABLE
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&port Beach Helicopter Cots
Equipment Costs
Current
Option 1
Option 2
Budget
Budget
. Budget
Personnel Costs
Total
Total
Total
Sergeant
114,000
124,000
124,000
Pilot Officer
94,500
94,500
94,500
Pilot Officer
94,500
94,500
94,500
Pilot Officer
94,500
0
0
Overtime est.
11,150
11,150
11,150
Personnel Subtotal
1 408,650
324,150
324,150
Equipment Costs
Helicopter Assoc Dues
210
Flight Physicals
600
Training
2,500
CFI Recertification
1,600
Uniforms
2,000
Fuel
69,660
Oil
2,310
Insurance
82,525
Hangar Expense
28,200
Scheduled Maintenance
269,565
Unscheduled Maintenance
24,960
Equipment Subtotal
484,130
308,835
357,585
Capital Costs
0
237,612
0
Unit Total
$892,780
$870,597
$681,735
Reassignment of 1 Officer
Position to Patrol'
$61,630
$61,630
1996/7 Fiscal Year
Gain or Loss
($39,447)1
$149,415
`Reflects 9 months of salary for an officer position returned to Patrol Division
S
46ta Mesa Police Departright
Newport Beach Police Department
July 23, 1996
To: Bob McDonell, Chief of Police, Newport Beach Police
Dave Snowden, Chief of Police, Costa Mesa Police
From: Captain Dave Brooks
Captain Paul Henisey
Subject: Proposal For Combined Law Enforcement Helicopter Operations
RECOMMENDATION:
It is proposed the cities of Newport Beach and Costa Mesa combine law enforcement
helicopter operations into a single unit and provide service to both cities through a
Memorandum of Understanding (MOU) effective September 1, 1996. This MOU will
continue the existing ABLE program with some modifications following the departure
of the Orange County. Sheriff's Office and the Huntington Beach Police Department on
August 31, 1996.
ABLE STRUCTURE:
Governance:
The cities of Costa Mesa and Newport Beach will be the Primary Agencies of the ABLE .
MOU. ABLE will be administered by a Governing Board consisting of the chief law
enforcement officers of the Primary Agencies, and a staff -level representative
appointed by the governing body of each.
Funding:
ABLE will be funded by direct costs levied against each Primary Agency. Operational
and capital costs of operation will be apportioned equally between the agencies.
Personnel costs will be the responsibility of each Primary Agency. Any
reimbursements received by ABLE for providing public safety helicopter operations
will be apportioned equally between the Primary Agencies.
Operational Issues:
The costs to operate ABLE include salaries, benefits, hangaring, insurance,
maintenance, per -hour flight costs, administrative costs, and capital costs for aircraft.
These are broken down in some detail below, but there are operational assumptions
that need to be explicitly discussed.
Salaries and benefits for all flight personnel will continue to be the responsibility
of each Primary Agency. ABLE will initially consist of one Sergeant and two Pilot
Officers from the City of Newport Beach and four Pilot Officers from the City of Costa
Mesa. The Sergeant will have overall responsibility for the unit and functional
supervision of all six Pilot Officers. The Sergeant will report to the Governing Board.
6
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ABLE MOU RecomAdation
Page 2
The cost analyses are based on the Board's recommendation that flight
personnel work a 9 -hour shift. This shift is currently in use by the Costa Mesa
Helicopter Unit and would require a change in the hours of operation for the Newport
Beach Helicopter Unit. The seven personnel working nine hour shifts will provide for
two 9 -hour shifts, seven days a week, 52 weeks a year.
` Existing helicopters and equipment will become part of the ABLE program and
jointly shared by both agencies.
* Fueling of the helicopters will be completed at Costa Mesa's helipad under
Costa Mesa's current fuel purchase agreement.
Costa Mesa has a long -term lease at its current hangar site. The hangar site is
shared with the Orange County Sheriff's Helicopter Unit. Costa Mesa is currently
responsible for 51 % of the cost and Orange County Sheriff is responsible for
remaining 49 %. Newport Beach would contribute a maximum of 25.5% of the total
cost of hangar facilities under the existing agreement. If OCSO withdraws from Martin
Aviation, the ABLE MOU would be subject to renegotiation regarding the share of
hangar costs.
Mechanics are provided through an existing arrangement with Martin Aviation.
It is agreed Martin Aviation will hire Russ Eastman, currently under contract with the
Newport Beach Helicopter Unit, to provide mechanic services.
The current.ABLE MOU should be retained and reflect the changes
recommended in this report. ABLE is an existing authorized government agency with
an accepted operations manual recognized by the FAA. It will be necessary to make
revisions to both the MOU and the Operations Manual to incorporate these changes.
No existing ABLE participant fully capitalizes aircraft replacement costs in
current budgets. This program will not have that luxury. While it is anticipated that
existing aircraft will be included with ABLE, a capital fund must be established and
adequately funded to provide for aircraft replacement.
COSTS:
The costs for the proposed ABLE program
Personnel, Operations, and Capitalization.
upon the establishment of ABLE.
Personnel:
are included as part of three categories:
All costs are anticipated expenses based
The personnel costs outlined below are budgeted total compensation for Fiscal Year
1996/1997.
Costa Mesa
(4) Pilot Officers
Overtime Costs
Total
Total
Newport Beach
$342,240 Sergeant
(2) Pilot Officers
$11,150
$353,390 Total
Personnel Costs
$677
$124,000
$189,000
$11,150
$324,150
,540
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ABLE MOU RecomOndation
Page 3
Operational:
Helicopter Maintenance:
New 500E
N244CM
NB500E
Unscheduled Maintenance
3000 hours @ $22.40/hour
Subtotal
Mechanics *:
Martin Aviation Contract
2 Full -time, 1 Part -time
Hangar Expense *:
Lease
Utilities
Taxes
Janitorial
Hangar Keeper Insurance
Subtotal
i
0
70,200
100,600
67.200
$238,000
$160,125
50,500
2,910
1,380
1,590
2.165
$58,545
*The costs of mechanics and the hangar expense are those amounts ABLE would be
responsible for after OCSO pays their share of the costs.
Insurance:
Includes a reduction in the maximum liability amount from $100 million to $50
million.
Estimated annual cost: $75,000
Fuel:
75,000 Gallons
$63,000
Miscellaneous Expenses:
This category includes uniforms, training and conferences, dues and
memberships, office supplies and equipment, telephones, small tools, etc.
Estimated annual cost:
Total Operational Costs
$23,000
$617,670
Capitalization (Refer to Capital Cost Section for a complete analysis):
Replacement costs for a three ship
operation: $475,223
TOTAL PROGRAM COSTS:
Total Personnel, Operational and
Capital Costs: $1,770,433
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ABLE MOU Recomradation
Page 4
Cost Per Hour of Operation:
Primary Agency Share:
Personnel
Operations
Capitalization
Total Agency Costs
Capital Cost Analysis:
0
$590
Costa Mesa Newport Beach
$353,390 $324,150
$308,835 $308,835
$237,612 $237,612
$899,837 $870,597
Currently, neither city capitalizes replacement costs for existing helicopters. ABLE will
require planning for future replacement of helicopters. Both the City of Newport Beach
and the City of Costa Mesa each own two helicopters. This total of four helicopters
exceeds the equipment needs of the proposed operation. It is anticipated ABLE will fly
about 3000 hours a year. Based upon this flight time it is recommended ABLE retain
three helicopters. It is just as cost - effective to fly three helicopters 1000 hours each per
year than to fly two helicopters 1500 hours each per year. This is because the
maintenance and equipment replacement costs which are a significant portion of the
overall costs are based upon hours of flight time. At the same time, cost effective
helicopter life can be extended from seven years to ten years with the reduced number
of flight hours. Comparing the total cost outlay including all capital and maintenance
costs, a helicopter flown at 1500 hours per year for seven years will cost a total of
about $1,456,000 versus a helicopter flown at 1000 hours per year for 10 years
costing a total of $1,461,000. With two helicopters, the unit would replace each
helicopter every seven years. With three helicopters, the unit would replace each
helicopter every ten years. The end result is ABLE will have to purchase a new
helicopter every three and a half years regardless whether we keep two helicopters or
three helicopters. The only savings would be a one -time gain of about $300,000 on
the sale of one of our existing helicopters and a slight savings in insurance costs.
However, there are many reasons to maintain three helicopters rather than two. First,
the City of Santa Ana has expressed a sincere interest to be a part of this program.
They currently have money allocated to purchase helicopter time and are interested in
participating, perhaps even as a partner in the future. If this occurs, the number of
shifts flown per week would likely increase and require the third helicopter. Second,
maintenance schedules, especially for the two older ships, will require down -time.
Unscheduled maintenance will increase the amount of down -time. With only two
ships, there would be times when only one was flight- ready, but all flight operations
would have to be canceled if it also required repairs. Third, both Departments desire
to have the ability to fly surveillances, conduct fire suppression or provide this ability
on a contract basis to other agencies such as RNSP or the Orange County Fire
Authority. In addition, it is recommended training time be increased for the pilots
above what is currently conducted. As it stands now, two helicopters provide minimum
coverage for the basic schedule. Any additional flight time required for these other
duties would conflict and detract from routine patrol time or significantly limit the
revenue potential. Fourth, as indicated above, the long -term costs between a two ship
operation and a three ship operation is virtually the same over the years. Based upon
this information, it is recommended ABLE maintain three helicopters.
G
ABLE MOU Recomendation
Page 5
Option One: There are many options to consider, although two deserve primary
focus. As stated above, maintaining three helicopters makes the most sense. In
Option One, it is necessary to determine an appropriate replacement schedule for the
existing helicopters. Costa Mesa has two McDonnell Douglas 500E helicopters, one
with 8,000 hours and the second one with 11,000 hours. Newport Beach has one
500E helicopter with almost 6,000 hours and a 500D helicopter with 10,000 hours.
Based upon scheduled maintenance costs, the most cost - effective helicopter
replacement time is prior to 10,500 hours. At this time, the engine and rotor are
scheduled for a complete overhaul. It is also, generally the time when avionics and
other equipment begin to show wear and tear from the constant vibration and result in
increased downtime and expenses for unscheduled maintenance and repair.
Therefore, it is recommended ABLE sell Newport Beach's 500D and Costa Mesa's
highest hour 500E and replace both with a new 500E helicopter. Purchasing a new
helicopter will provide savings included in this analysis of about $97,500 this year in
maintenance costs and about $60,000 next year. Then, it is recommended the
remaining two 500E's be replaced, one at four years and one at seven years. This will
result in the continuing replacement of a helicopter every three and a half years with a
service life of 10 years and 10,000 hours of flight time for each helicopter.
To accomplish the financing, the complete purchase price of a new 500E will be about
$1.1 million less approximately $500,000 for the resale of the two existing helicopters.
Financing the lease /purchase of the remaining $600,000 will be $84,433 per year for
10 years. It will be necessary to establish a four year capital replacement fund for the
next helicopter which will cost $196,998 a year. The third helicopter to be replaced at
the seven year mark will require $113,690 per year. Finally it will be necessary to
begin a capitalization for the eventual replacement of the new helicopter in ten years.
This will require $80,102 per year. Except for the lease /purchase of the new
helicopter, the capitalization funds should be set aside in an interest earning reserve
account. The following table reflects the estimated capitalization costs over the next
twelve years for ABLE:
is
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All of these costs have been adjusted for a 4% inflation rate and include interest of 7 % •
for the reserve account and a 7% rate for the lease /purchase. It is important to note the
actual capitalization costs decrease over the years as the replacement reserve
account is built up to full funding and a regular replacement cycle is initiated. This is
iD
Lease/
Replace 2nd
Replace 3rd
Replace New
Total per
Purchase
Ship -4 Yrs
Ship -7 Yrs
Ship -10 Yrs
Year
Year 1
84,433
196,998
113,690
80,102
$475,223
Year2
84,433
196,998
113,690
80,102
$475,223
Year 3
84,433
196,998
113,690
80,102
$475,223
Year
84,433
196,998
113,690
80,102
$475,223
Year
84,433
93,707
113,690
80,102
$371,932
Year
84,433
93,707
113,690
80,102
$371,932
Year
84,433
93,707
113,690
80,102
$371,932
Year 8
84,433
93,707
105,409
80,102
$363,651
Year 9
84,433
93,707
105,409
80,102
$363,651
Year 10
84,433
93,707
105,409
80,102
$363,651
Year 11
93,707
105,409
118,570
$317,686
Year 12
93,707
105,409
118,570
$317,686
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All of these costs have been adjusted for a 4% inflation rate and include interest of 7 % •
for the reserve account and a 7% rate for the lease /purchase. It is important to note the
actual capitalization costs decrease over the years as the replacement reserve
account is built up to full funding and a regular replacement cycle is initiated. This is
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ABLE MOU RecomAdation
Page 6
because the lease /purchase of the new helicopter must be paid at the same time its
replacement cost must be capitalized and the replacement payments set aside for the
2nd and 3rd helicopter must be accelerated. At the end of ten years the replacement
.program will be self- sustaining.
Option Two: Option two also retains a complement of three helicopters. This option
proposes to postpone the purchase of a new helicopter for one year and sell just one
existing helicopter with the proceeds placed in the capitalization reserve account. At
the same time, it is recommended to postpone the initiation of capitalization funding of
replacement helicopters for one year. This option provides the opportunity to establish
the program and work out any issues or problems before making any major
expenditures. It will also provide the ability to explore and develop service contracts
and/or partnerships with surrounding communities. It is recommended ABLE sell
Newport Beach's 500D and use the proceeds of approximately $228,000 to initially
fund the Capitalization Reserve Account. This proposal will result in an increase of
maintenance costs adding about $97,500 for Costa Mesa's 500E that would be
retained. The breakdown of the three major cost components in Option 2 is as follows:
Personnel
Operational
Capitalization
Total Costs
$677,540
$715,170
$0
$1,392,710
• This option saves ABLE $377,723 over the first year as compared to Option 1. In year
two, ABLE could then begin the capitalization for replacement helicopter using the
same formula as detailed in Option 1 and lease /purchase a new helicopter while
selling the second helicopter. A complete detail of costs for this option is included in
Appendix 2 attached to this report.
Conclusion:
It is recommended the cities of Costa Mesa and Newport Beach combine flight
operations under a Memorandum of Understanding modifying the existing ABLE
format. Both cities will realize cost savings while fully funding and capitalizing an
effective, efficient law enforcement helicopter unit under Option 1 or taking the
opportunity to establish the program in the first year under Option 2. This entity will
also be able to provide the opportunity and ability to provide public service flight
operations and use the potential reimbursement to help offset costs. Further
discussion and analysis will be required to determine to what extent contracting of
services or expansion of the partnership is feasible.
Respectfully Submitted,
Dave Brooks, Captain
Costa Mesa Police Department
Attachment
Paul Henisey, Captain
Newport Beach Police Department
•
Personnel:
Appendix 1 •
ABLE Costs - Option 1
Costa Mesa
Sergeant
(6) Pilot Officers
Overtime
Total
Total Personnel Costs
Operational:
Helicopter Maintenance:
New 500E
N244CM
NB500E
Unscheduled Maintenance
3000 hours @ $22.40 1hour
Subtotal
Mechanics:
Martin Aviation Contract
2 Full -time, 1 Part-time
Hangar Expense:
Lease
Utilities
Taxes
Janitorial
Hangar Keeper Insurance
Subtotal
Insurance
Estimated annual cost:
Fuel
75,000 Gallons
Miscellaneous Expenses:
Estimated annual cost:
Total Operational Costs
$342,240
$11,150
$353,390
0
70,200
100,600
67,200
50,500
2,910
1,380
1,590
2,165
Capitalization Costs:
Replacement costs for a three ship operation:
TOTAL PROGRAM COSTS:
Cost Per Hour of Operation
Newport Beach
$124,000
$189,000
$11,150
$324,150
$677,540
$238,000
$160,125
$58,545
$75,000
$63,000
$23,000
$617,670
$475,223
$1,770,433
$590
Founding Agency Share:
Costa Mesa
Newport Beach
Personnel
$353,390
$324,150
Operations
$308,835
$308,835
Capitalization
$237.612
$2237.612
Total Agency Costs
$899,837
$870,597
•
•
s
• Appendix 2 •
ABLE Costs - Option 2
Personnel:
Sergeant
(6) Pilot Officers
Overtime
Total
Total Personnel Costs
Operational:
Helicopter Maintenance:
N 1 44C
N244CM
NB500E
Unscheduled Maintenance
3000 hours @ $22.40 1hour
Subtotal
Mechanics:
Martin Aviation Contract
2 Full -time, 1 Part-time
Hangar Expense:
Lease
Utilities
Taxes
Janitorial
Hangar Keeper Insurance
Subtotal
Insurance
Estimated annual cost:
Fuel
75,000 Gallons
Miscellaneous Expenses:
Estimated annual cost:
Total Operational Costs
Costa Mesa
$342,240
$11,150
$353,390
97,500
70,200
100,600
67,200
50,500
2,910
1,380
1,590
2,165
Capitalization Costs:
Replacement costs for a three ship operation:
TOTAL PROGRAM COSTS:
Cost Per Hour of Operation
Founding Agency Share:
Personnel
Operations
Capitalization
Total Agency Costs
Newport Beach
$124,000
$189,000
$11,150
$324,150
$677,540
$335,500
$160,125
$58,545
$75,000
$63,000
$23,000
$715,170
$0
$1,392,710
$464
Costa Mesa Newport Beach
$353,390 $324,150
$357,585 $357,585
I4
$710,975 $681,735
\1)
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*Agenda Item 6
RESOLUTION NO. 96 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING THE
TRANSITION AND REORGANIZATION PLAN FOR
AIRBORNE LAW ENFORCEMENT SERVICES.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the public agencies of the City of Costa Mesa, City of Huntington
Beach, City of Newport Beach and County of Orange ( "Member Agencies ") desire to
cooperate with each other to exercise some or all of their powers to establish a transition
and reorganization plan ( "Plan ") for the regional AirBorne Law Enforcement Service
Agency ( "ABLE ") consistent with the Memorandum of Understanding ( "MOU ") entered
into by the Member Agencies and such Plan is attached as Exhibit A and incorporated
herein; and
WHEREAS, the Member Agencies have and possess the power and authorization
to finance, acquire, and maintain a public law enforcement helicopter service and facilities
for the benefit of the lands and inhabitants within their respective boundaries and such
services by ABLE have benefited their respective lands and inhabitants; and
WHEREAS, the County of Orange and City of Huntington Beach have exercised
their rights as a Member Agency to tender a notice of intent to voluntarily withdraw from
the MOU and ABLE and propose to join together with the Cities of Costa Mesa, and
Newport Beach to establish, operate, and maintain a cooperative Plan for helicopter
service for the benefit of their respective lands and inhabitants during the transition and
0 reorganization of ABLE; and
n
WHEREAS, it is in the public interest to provide an orderly and efficient Plan by •
which ABLE can be reorganized to accommodate the withdrawal of the County of Orange
and City of Huntington Beach to avoid the disruption of helicopter service for the benefit of
the Member Agencies lands and inhabitants and public agencies who have subscribed
with ABLE for helicopter services; and
WHEREAS, the Member Agencies have the authority to establish a Plan for the
transition and reorganization of ABLE pursuant to California Government Code Sections
6500 et seq.;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach, pursuant to the aforesaid authority, does hereby adopt and approve the
Transition and Reorganization Plan attached hereto as Exhibit A and incorporated herein.
BE IT FURTHER RESOLVED that the Chief of Police is hereby authorized to take •
the necessary steps consistent with the Transition and Reorganization Plan to effectuate
the reorganization of ABLE.
PASSED AND ADOPTED this _ day of August 1996.
ATTEST:
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APPROVED AS TO FORM:
•
• EXHIBIT A
PLAN OF TRANSITION AND REORGANIZATION
OF THE
AIRBORNE LAW ENFORCEMENT SERVICES AGENCY
1. The AirBome Law Enforcement Services Agency ("ABLE") Board on June
27, 1996, found that there is a need for a plan of transition and reorganization because
the member agencies on September 1, 1996, to remain in ABLE are the City of Costa
Mesa and the City of Newport Beach.
2. The provisions of the Memorandum of Understanding, dated August 3,
1993 ( "MOU ") and Addendum No. 1 to Agreement, dated August 1, 1994, and Addendum
No. 2, dated August 1, 1994 ("Addendums ") shall remain in full force and effect during the
transition period from July 1, 1996, and ending at midnight on August 31, 1996.
3. The ABLE Board has found that member agencies of the County of Orange
and City of Huntington Beach shall be deemed to have voluntarily withdrawn from ABLE
effective at midnight on August 31, 1996. The ABLE member agencies, as of September
1, 1996, shall be the City of Costa Mesa and City of Newport Beach.
4. On September 1, 1996, the provisions of Paragraph 2.01 of the MOU and
Addendums are amended to read as follows:
"2.01 By this Agreement, Costa Mesa and Newport Beach agree to
cooperate with each other in the provisions of helicopter services in the.
manner and under the terms of this Agreement. The cooperative use of the
Member Agencies' helicopter services shall be known as the AirBorne Law
Enforcement Services ( "ABLE "). The Member Agencies may agree on a
different call name for ABLE.
5. On September 1, 1996, the provisions of Paragraph 3.02 of the MOU and
Addendums are amended to read as follows:
"3.02 The ABLE shall be managed by a Board consisting of the Chiefs of Police of
Costa Mesa and Newport Beach and one appointee for each Member Agency for
a total of four (4) Board Members. The Chiefs of Police of Costa Mesa and
Newport Beach shall each appoint one Board member and their alternate. Each
Board Member, or in the absence of a Board member, the alternate shall have
one vote on all matters before the Board. The members of the Board may be
supplemented or amended from time to time."
6. On September 1, 1996, the provisions of Subparagraph (B) of Paragraph
6.02 of the MOU and Addendums are amended to read as follows:
"(B) In the case of voluntary withdrawal, written notice shall be given one .
hundred twenty days (120) prior to the end of a fiscal year, except that such
notice may be shortened by unanimous approval of the Board."
7. To the extent that credits for service exist for the subscriber agencies to
ABEL as of July 1, 1996, ABLE and its four (4) member agencies shall provide service at
no additional charge to those subscriber agencies with subscriber agreements for fiscal
year 1995 -96 for a transition period from July 1, 1996, and ending at midnight on August
31, 1996. During the transition period, the subscriber agreements shall be deemed to be
in effect for all purposes as consideration for the services by ABLE during such period.
All credits for service under Paragraph 4.01 of any subscriber agreements for fiscal year
1995 -96 shall be deemed satisfied at the end of the period ending at midnight on August
31, 1996. Upon approval of this plan by the ABLE Board, ABLE shall notify all
subscribers of this plan and service for credits during the transition period.
8. After September 1, 1996, ABLE shall retain all rights to the Lojack License
Agreement and Old Republic Insurance Company policy.
9. After September 1, 1996, ABLE will cooperate with the withdrawal of the
County of Orange and City of Huntington Beach to study further fueling and maintenance
arrangements toward cost savings in these areas of operations.
10. After September 1, 1996, ABLE will provide service outside of its member •
agency flight area on a subscription basis or by mutual aid, as the circumstances warrant
it and approved by the ABLE Board.
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