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HomeMy WebLinkAboutMINUTES - 08061985 - 2.6 97:THE BOAR® OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 6 , 1985 , by the following vote: AYES: Supervisor Powers , Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT: None ABSTAIN:None SUBJECT: Re: Proposed Reorganization of the ) West County Fire Protection ) District ) Resolution No . 85/463 ----------------------------------� 1 . On or about January 14 , 1985 , the Clerk of this Board received from the United Professional Fire Fighters union a peti- tion to reorganize the West County Fire Protection District by changing the governing board of the District . The petition was submitted by 50 or more petitioners pursuant to Chapter 11 of Part 2 . 7 of Division 12 ( Sections 13975-13989) of the Health & Safety Code of the State of California , as amended by Chapter 80 of the Statutes of 1984 , effective January 1 , 1985 . 2 . Prior to the aforenoted amendment by Chapter 80 of the Statutes of 1984 , Section 13982 of the Health & Safety Code pro- vided that the Board of Supervisors as the elected representatives of the citizens of the District would exercise their discretion to approve or disapprove such a proposed reorganization . 3 . After the aforenoted amendment by Chapter 80 of the Statutes of 1984 , effective January 1 , 1985 ' Health & Safety Code- Section 13982 provided that a reorganization proposed by only 50 petitioners would occur without Board of Supervisors approval and without voter approval unless written protests against the reorga- nization were filed w4thin a short time by at least 25% of the . registered voters or landowners in the entire district . Because it would be extremely difficult for opponents of a proposed reorganization to obtain written protests from 25% or more of the registered voters or landowners in the entire district within the short time contemplated by the Code , and because Board of Supervisors discretion over reorganizations was eliminated , the change by Chapter 80 of the Statutes of 1984 made a reorganization virtually automatic upon a petition filed by only 50 people . 4 . The aforesaid change by the amendment of Chapter 80 of the Statutes of 1984 was inadvertent and not intended by the California Legislature . Elimination of the Board of Supervisor ' s discretion , with virtually no right of the citizens to vote on such a proposal , occurred in such a manner that the Legislature was unaware of the effect of the change when it adopted Chapter 80 of the Statutes of 1984 . 5 . When the Legislature became aware of the aforenoted change , it forthwith began the process of changing the law back to its former state , so that the Board of Supervisor as the elected representatives of the people would be able to exercise discretion on such reorganizations , as always had been intended by the Legislature . AB527 was the bill proposed to change the law back to its former state , and the author of AB527 was the same as the author of the bill that inadvertently made the aforenoted change Resolution 85/463 I.� when adopted as Chapter 80 of the Statutes of 1984 . Over the objection of the United Professional Firefighters , AB527 quickly passed both the Assembly and Senate on unanimous votes and was signed by the Governor on May 7, 1985 , being enrolled as Chapter 34 of the Statutes of 1985 . 6 . Chapter 34 of the Statutes of 1985 , corrected the prior inadvertent change in the law and returned the law to its previous state as of May 7, 1985 , because AB527 was enacted as an urgency measure so as to be effective immediately upon signature of the Governor . As stated in Section 4 of Chapter 34 of the Statutes of 1985 , the facts constituting the urgent necessity for the imme- diate effective date are: "Chapter 80 of the Statutes of 1984 inadvertentl,y__amended the Fire Protection District Law of 1961 to permit an inappropriate number of signatures on a peti- tion to cause a reorganization of large spe- cial districts . In order to remedy this situation at the earliest possible time , it is necessary for this act to take effect immedi ate 1 y." (Emphasis added . ) 7 . On July 16 and 23 , 1985 , and pursuant to Health & Saf ety Code §13978 , the Clerk of this Board published the aforenoted petition for reorganization , along with a notice of hearing thereon, setting said hearing for July 30 , 1985 . 8. This Board , having heard all interested persons in public hearing on July 30 , 1985 having received any protests , hereby finds and determines as follows : a . The reorganization proposed by the petition is not in the best interests of the West County Fire Pro- tection District , the residents of said District or any agencies that might be affected by the proposed reorganization . b . The aforenoted change adopted by Chapter 80 of the Statutes of 1984 has been without force or effect and is not applicable to this proposed reor- ganization because: 1 ) The Legislature never intended to adopt the aforenoted change of Chapter 80 of the Statutes of 1984, 2) The aforenoted change of Chapter 80 of the Statutes of 1984 violates the California and U.S. Constitutions , 3) The Legislature intended Chapter 34 of the Statutes of 1985 to be remedial legislation , clarifying that the procedure for reorganization of a fire district had not been intended to be changed by Chapter 80 of the Statutes of 1984 to remove Board of Supervisors discretion and allow a small number of people to force a reor- ganization. -2- Resolution 85/463 c . Within the short time contemplated by the Health & Safety Code (as amended by Chapter 80 of the Statutes of 1984) , twenty- five percent of the registered voters or landowners in the District would not reasonably be able to file sufficient written protests to allow an election on the proposed reorganization. d . The petition fails to comply with the requirement of Health & Safety Code §13977 , in that it fails to adequately set forth the boundaries of the District . NOW, THEREFORE , this Board HEREBY DENIES the petition and declares that the West County Fire Protection District shall not be reorga- nized as proposed by the petition filed by the United Professional Firefighters . I hereby certify,that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the data shown. ATTESTED- �. PHIL BATCHELbill,Clerk of the Board Of Supervisors and County Adminlstrator By -._._ ►Deputy CC: West County Fire Protection District City of Richmond City of San Pablo County Counsel County Administrator United Professional Firefighters Local 1230 -3 - Resolution 85/463 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 6 , 1985 by the following-vote: AYES: Supervisor Powers , Schroder, McPeak, Torlakson and Fand I en NOES: None ABSENT: None ABSTAIN: None SUBJECT: Re: Proposed Reorganization of the Contra Costa County Fire Resolution No. 85/464 . Protection District -------------------- 1 . --------- ------- On or about January 14 , 1985 , the Clerk of this Board received from the United Professional Fire Fighters union a peti- tion to reorganize the Contra Costa County Fire Protection District by changing the governing board of the District . The petition was submitted by 50 or more petitioners pursuant to Chapter 11 of Part 2. 7 of Division 12 (Sections 13975-13989) of the Health & Safety Code of the State of California , as amended by Chapter 80 of the Statutes of 1984, effective January 1 , 1985 . 2 . Prior to the aforenoted amendment by Chapter 80 of the Statutes of 1984 , Section 13982 of the Health & Safety Code pro- vided that the Board of Supervisors as the elected representatives of the citizens of the District would exercise their discretion to approve or disapprove such a proposed reorganization. 3 . After the aforenoted amendment by Chapter 80 of the Statutes of 1984 , effective January 1 , 1985 , Health & Safety Code Section 13982 provided that a reorganization proposed by only 50 petitioners would occur with*out Board of Supervisors approval and without voter approval unless written protests against the reorga- nization were filed within a short time by at least 25% of the registered voters or landowners in the entire district . Because it would be extremely difficult for opponents of a proposed reorganization to obtain written protests from 25% or more of the registered voters or landowners in the entire district within the short time contemplated by the Code , and because Board of Supervisors discretion over reorganizations was eliminated , the change by Chapter 80 of the Statutes of 1984 made a reorganization virtually automatic upon a petition filed by only 50 people . 4 . The aforesaid change by the amendment of Chapter 80 of the Statutes of 1984 was inadvertent and not intended by the California Legislature . Elimination of the Board of Supervisor ' s discretion, with virtually no right of the citizens to vote on such a proposal , occurred in such a manner that the Legislature was unaware of the effect of the change when it adopted Chapter 80 of the Statutes of 1984 . 5 . When the Legislature became aware of the aforenoted change , it forthwith began the process of changing the law back to its former state , so that the Board of Supervisor as the elected representatives of the people would be able to exercise discretion on such reorganizations , as always had been intended by the Legislature . AB527 was the bill proposed to change the law back to its former state , and the author of AB527 was the same as the author of the bill that inadvertently made the aforenoted change Resolution 85/464 when adopted as Chapter 80 of the Statutes of 1984 . Over the objection of the United Professional Firefighters , AB527 quickly passed both the .Assembly and Senate on unanimous votes and was signed by, the Governor on May 7 , 1985 , being enrolled as Chapter 34 of the Statutes of 1985 . 6 . Chapter 34 of the Statutes of 1985 , corrected the prior inadvertent change in the law and returned the law to its previous state as of May 7, 1985 , because AB527 was enacted as an urgency measure so as to be effective innmediately upon signature of the Governor . As stated in Section 4 of Chapter 34 of the Statutes of 1985 , the facts constituting the urgent necessity for the in-me- diate effective date are: "Chapter 80 of the Statutes of 1984 inadvertently__amended the Fire Protection District Law of 1961 to permit an inappropriate number of signatures on a peti- tion to cause a reorganization of large spe- cial districts . In order to remedy this situation at the earliest possible time , it is necessary for this act to take effect inmedi ate 1 y." (Emphasis added . ) 7 . On July 16 and 23 , 1985, and pursuant to Health & Safety Code §13978, the Clerk of this Board published the aforenoted petition for reorganization , along with a notice of hearing thereon, setting said hearing for July 30 , 1985 . 8. This Board , having heard all interested persons in public hearing on July 30 , 1985 having received any protests , hereby finds and determines as follows : a . The reorganization proposed by ,the petition is not in the best interests of the Contra Costa County Fire Protection District , the residents of said District or any agencies that might be affected by the pro- posed reorganization. b . The aforenoted change adopted by Chapter 80 of the Statutes of 1984 has been without force or effect and is not applicable to this proposed reor- ganization because : 1 ) The Legislature never intended to adopt the aforenoted change of Chapter 80 of the Statutes of 1984 , 2) The aforenoted change of Chapter 80 of the Statutes of 1984 violates the California and U.S. Constitutions , 3) The Legislature intended Chapter 34 of the Statutes of 1985 to be remedial legislation, clarifying that the procedure for reorganization of a fire district had not been intended to be changed by Chapter 80 of the Statutes of 1984 to remove Board of Supervisors discretion and allow a small number of people to force a reor- ganization. -2- Resolution 85/464 c Wi th i n the shor t t ime conte.mpl aced by the Heal th & Safety Code (as amended by Chapter 80 of the Statutes of 1984) , twenty- five percent of the registered voters or landowners in the District would not reasonably be able to file sufficient written protests to allow an election on the proposed reorganization. d . The petition fails to comply with the requirement of Health & Safety Code §13977 , in that it fails to adequately set forth the boundaries of the District . NOW, THEREFORE, this Board HEREBY DENIES the petition and declares that the Contra Costa County Fire Protection District shall not be reorganized as proposed by the petition filed by the United Professional Firefighters . I hereby certify that this Is a tmeandeorrecteopy of an action taken and entered on the minutes of the Board of Supe ors on the date shown. a �2� ATTESTED: a:± Supe 191 PHIL BATCHE OR, Clark of the Board of Supervisors and County Administrator By 04. 44J Deputy CC: city of Lafayette 'City of Pleasant Hill City of .Martinez City of Concord City of Clayton City of Walnut Creek City of ,Orinda Contra Costa County Fire Protecti.on District United Professional Firefighters Local 1230 County Counsel County Administrator -3- Resolution 851464 THE ROAR® OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 6,_ 1985 , by the following vote: AYES: Supervisor Powers , Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT:None ABSTAIN: None SUBJECT: Re: Proposed Reorganization of the ) Resolution No . 85/465 Riverview Fire Protection District ) ) ---------------------------------------) 1 . On or about January 14 , .1985 , the Clerk of this Board received from the United Professional Fire Fighters union a peti- tion to reorganize the Riverview Fire Protection District by changing the governing board of the District . The petition was submitted by 50 or more petitioners pursuant to Chapter 11 of Part 2 . 7 of Division 12 ( Sections 13975-13989) of the Health & Safety Code of the State of California , as amended by Chapter 80 of the Statutes of 1984, effec. t. ive January 1 , 1985 . 2 . Prior to the aforeno"te_d amendment by Chapter 80 of the Statutes of 1984 , Section 13982 of the Health & Safety Code pro- vided that the Board of Supervisors as the elected representatives of the citizens of the District would exercise their discretion to approve or disapprove such a proposed reorganization . 3 . After the aforenoted amendment by Chapter 80 of the Statutes of 1984 , effective January 1 , 1985 , Health & Safety Code Section 13982 provided that a reorganization proposed by only 50 petitioners would occur without Board of Supervisors approval . and. without voter approval unless written protests against the reorga- nization were filed within a short time by at least 25% of the registered voters or landowners in the entire district . Because it would be extremely difficult for opponents of a proposed reorganization to obtain written protests from 25% or more of the registered voters or landowners in the entire district within the short time contemplated by the Code , and because Board of . Supervisors discretion over reorganizations was eliminated , the change by Chapter 80 of the Statutes of 1984 made a reorganization virtually automatic upon a petition filed by only 50 people. 4 . The aforesaid change by the amendment of Chapter 80 of the Statutes of 1984 was inadvertent and not intended by the California Legislature . Elimination of the Board of Supervisor ' s discretion , with virtually no right of the citizens to vote on such a proposal , occurred in such a manner that the Legislature was unaware of the effect of the change when it adopted Chapter 80 of the Statutes of 1984 . 5 . When the Legislature became aware of the aforenoted change , it forthwith began the process of changing the law. back to its former state , so that the Board of Supervisor as the elected representatives of the people would be able to exercise discretion on such reorganizations , as always had been intended by the Legislature . AB527 was the bill proposed to change the law back to its former state , and the author of AB527 was the same as the author of the bill that inadvertently made the aforenoted change Resolution 85/465 a when adopted as Chapter 80 of the Statutes of 1984 . Over the objection of the United Professional Firefighters , AB527 quickly passed both the Assembly and Senate on unanimous votes and was signed by the Governor on May 7, 1985 , being enrolled as Chapter 34 of the Statutes of 1985 . 6 . Chapter 34 of the Statutes of 1985 , corrected the prior inadvertent change in the law and returned the law to its previous state as of May 7 , 1985 , because AB527 was enacted as an urgency measure so as to be effective immediately upon signature of the Governor . As stated in Section 4 of Chapter 34 of the Statutes of 1985 , the facts constituting the urgent necessity for the imme- diate effective date are: "Chapter 80 of the Statutes of 1984 inadv_ertently__amended the Fire Protection District Law of 1961 to permit an inappropriate number of signatures on a peti- tion to cause a reorganization of large spe- cial districts . In order to remedy this situation at the earliest possible time , it is necessary for this act to take effect immediately." (Emphasis added . ) 7 . On July 16 and 23 , 1985 , and pursuant to Health & Safety Code §13978, the Clerk of this Board published the aforenoted petition for reorganization , along with a notice of hearing thereon , . setting said hearing for July 30 , 1985 . 8 . This Board , having heard all interested persons in public hearing on July 30 , 1985 and having received any protests , hereby finds and determines as follows : a . The reorganization proposed by the petition is not in the best interests of the Riverview Fire Pro- tection District , the residents of said District or any agencies that might be affected by the proposed reorganization. b . The aforenoted change adopted by Chapter 80 of the Statutes of 1984 has been without force or effect and is not applicable to this proposed reor- ganization because: 1 ) The Legislature never intended to adopt the aforenoted change of Chapter 80 of the Statutes of 1984 , 2) The aforenoted change of Chapter 80 of the Statutes of 1984 violates the California and U.S. Constitutions , 3) The Legislature intended Chapter 34 of the Statutes of 1985 to be remedial legislation , clarifying that the procedure for reorganization of a fire district had not been intended to be changed by Chapter 80 of the Statutes of 1984 to remove Board of Supervisors discretion and allow a small number of people to force a reor- ganization . -2- Resolution 85/465 c . Within the short time contemplated by the Health & Safety Code (as amended by Chapter 80 of the Statutes of 1984) , twenty- five percent of the registered voters or landowners in the District would not reasonably be able to file sufficient written protests to allow an election on the proposed reorganization . d . The petition fails to comply with the requirement of Heal th & Saf ety Code §13977 , i n that it f ails to adequately set forth the boundaries of the District . NOW, THEREFORE , this Board HEREBY DENIES the petition and declares that the Riverview Fire Protection District shall not be reorga- nized as proposed by the petition filed by the United Professional Firefighters . I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supe cors on the date shown. ATTESTED: PHIL BATHE R,Clerk of€he noisd Of Superrl£ors and County AZlnistrator A By .,Do Puty CC : County Counsel County Administrator Riverview Fire Protection District City of Pittsburg City of Antioch United Professional Firefighters Local 1230 -3 - Resolution 85/465