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Home My WebLink AboutMINUTES - 09101991 - H.3 H. 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIFORNIA DATE: September 10, 1991 MATTER OF RECORD --------------------------------------------------------------------- SUBJECT: East Diablo/Byron Fire Protection Districts Boundary Reorganization (LAFC 91-18) . The Chair convened the hearing as noticed for this time on the proposed boundary reorganization for the East Diablo and Byron Fire Protection Districts. Terry McGraw, County Administrator' s Office, reviewed the proposed resolution and the proceedings to date. The Chair declared the hearing open and the following persons appeared: Joseph Barron, 840 Willow Lake Road, Byron, who advised he was representing a majority of the voters in the Byron Fire Protection District, spoke on the desire of some of the voters for an election for fire commissioners and on the issue of consolidation. Wallace Partridge, P. O. Box 117, Byron, representing both the Byron Fireman' s Association, Volunteers, and the Byron Advisory Council, advised that both groups of people in Byron are totally against the reorganization and wished to maintain their own Byron Fire Protection District. Mr. Partridge also advised that he wished to apprise the Board of another problem in Byron, that being a pile of loose dirt with a toxic substance in it, that has been laying out in the open for eight months, that nobody has been able to remove, and that yesterday when the wind was 35 miles per hour, the entire area was dusted with this contaminated dirt. He requested that it be removed. Peter Racz, 5615 Sunfish Court, Byron, spoke in opposition to the reorganization. He advised that he had collected petitions to put the issue of consolidation on the ballot. He urged the Board' s cooperation, and urged the Board to cancel the proposed reorganization. There being no further speakers, the public hearing was closed. The Board discussed the various issues, including the election of commissioners, and the efficiency of government and upgrading services in the area. County Counsel responded to questions from the Board with respect to provisions of the fire district law. The Board thereupon adopted Resolution 91/605 providing that if no petition sufficient to require an election is received within 30 days from September 10, 1991, the Board orders the Reorganization without election, subject to certain conditions approved by LAFCO. I '•�71 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on September 10, 1991 , by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT: None ABSTAIN: None SUBJECT: Resolution Completing) Proceedings for the ) East Diablo/Byron ) RESOLUTION NO. 91/605 Fire District ) (Gov. Code §§ 57078, Boundary Reorgani- ) 57081, 57082, 57083) zation } (LAFC91-18 ) ) Pursuant to the Cortese-Knox Act, Government Code sections 56000 et seq. , the Board of Supervisors of the County of Contra Costa resolves as follows : 1 . On or about June 18, 1991 , the Board of Supervisors of Contra Costa County, acting both as the governing board of the East Diablo and Byron Fire Protection Districts, adopted and filed a Resolution of Application with the Local Agency Formation Commission (LAFCO) for approval of the subject boundary reorganization, consisting of annexation of all territory of the Byron Fire Protection District to the East Diablo Fire Protection District and the concurrent dissolution of the Byron Fire Protection District . 2 . The reason for this . proposal is to allow the provision of better and more economic fire protection services to the area of both Fire Protection Districts . 3 . On August 14 , 1991 , after noticed public hearing, LAFCO approved the subject Reorganization. 4 . On September 10, 1991 , this Board held a noticed public hearing on the subject Reorganization, receiving any protests that any person desired to file, hearing all testimony that any person desired to present, and receiving any letters or other documents that any person desired to submit. This Board then closed said public hearing and found that no legal protests had been filed against the Reorganization. 5 . There will be no name change for the Reorganized district, which will continue to be known as the East Diablo Fire Protection District. The Byron Fire Protection District will cease to exist. 6 . If no petition sufficient to require an election is received within 30 days from September 10, 1991, this Board hereby orders the Reorganization without election, subject to the following conditions approved by LAFCO: a. All equipment and other personal property, all real property, and all records, funding, rights, liabilities and assets, whether tangible or intangible, shall be transferred from the Byron Fire Protection District and become the property, rights and obligations of the East Diablo Fire Protection District. The Board of Supervisors as the Governing Board of the Districts shall take whatever measures may be necessary to effect these transfers. b. The Chief of the Byron Fire Protection District will become an Assistant Chief of the East Diablo Fire Protection District, at his current salary level. ;,4 y C . The Assistant Chief of the Byron Fire Protection District will become a Battalion Chief of the East Diablo Fire Protection District at a reduced salary level equal to the salary level of the two current Byron Fire Battalion Chief , positions . d . The salary of the East Diablo Fire Protection Battalion Chief will be increased to the present salary of the Byron Fire District Battalion Chief . e. All volunteer fireman positions of the Byron Fire Protection District will be merged into comparable positions in the East Diablo Fire Protection District staffing structure. f . All other employees of the Byron Fire Protection District shall. become employees of the East Diablo Fire Protection District, at their current salary levels . 7 .. The description of the annexed and dissolved territory is all that territory within the current boundaries of the Byron Fire Protection District . 8 . , This Board finds and declares that, acting as the governing board of the Byron Fire Protection District, it has by unanimous resolution consented to the dissolution of the District. 9 . There is no bonded debt for either the Byron Fire Protection District or the East Diablo Fire Protection District . 10 . The regular county assessment roll will continue to be used to collect taxes in the affected territory. If no petition sufficient to require an election has been filed by October 11 , 1991 , the Clerk of this Board shall forthwith transmit a certified copy of this Resolution, along with a remittance to cover any applicable fees as provided by the Government Code, to the Executive Officer of the Local Agency Formation Commission. DCG/ h 1 hereby cer;:ty that this is a true and correct copy of 7 an action taken and entered on the minutes of the cc: County Administrator Board of Supervisors fn the date shown. LAFCO ATTESTED: County Counsel PHIL BATCHELOR,Clerk of the Board East Diablo FPD of Superviswe and County A"nlabatw Byron FPD J-93a:\byronfire.res —2— H. 3a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 10, 1991 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Toxic Dirt Pile in Byron The Board earlier this date, while considering the proposed East Diablo/Byron Fire Protection Districts Boundary Reorganization, was advised by Mr. Wallace Partridge, P. O. Box 117 , Byron, of a pile of loose dirt with a toxic substance in it, which he advised has been laying out in the open for eight months, and he further advised that yesterday when the wind was 35 miles per hour, the entire area was dusted with this contaminated dirt. He requested that the dirt be removed. Supervisor Torlakson explained that the Health Department has been alerted to this matter and is working on it, but that it is a complicated matter in that there is a question as to who is financially responsible for the cleanup. On motion of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that the Health Department is requested to take immediate steps to remove the problem this week, and report to the Board at the next meeting, September 17 , 1991, on how the problem was resolved. 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 theate shown. ATTESTED: D PHIL BATCHEL R,Cleric of the Board of Supervisors and County Administrator By - Deputy cc: Health Department County Administrator . County Counsel