HomeMy WebLinkAboutMINUTES - 10272009 - D.2RECOMMENDATION(S):
Acting in its capacity as the Contra Costa County Board of Supervisors, ADOPT
attached Resolution No. 2009/940 consenting to a change in the governing
structure of the East Contra Costa Fire Protection District from an appointed board
of directors comprising the Contra Costa County Board of Supervisors to a board
composed of directors appointed by the cities of Brentwood and Oakley and the
County of Contra Costa.
FISCAL IMPACT:
The East Contra Costa Fire Protection District is an independent special district and
receives its share of ad-valorem property tax according to Proposition 13. A change
to the governing structure of the fire district would not affect the amount of
ad-valorem property tax the fire district receives.
BACKGROUND:
Contra Costa County Board of Supervisors currently serves as the Board of
Directors of the East Contra Costa Fire Protection District. On September 11, 2007,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On:
10/27/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:Speakers: Gil Guererro,Vice President, CCC Firefighters Local 1230; Robert Taylor, Mayor of
Brentwood.
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Rich Seithel (925)
335-1024
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 date shown.
ATTESTED: October 27, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 2
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 27, 2009
Contra
Costa
County
Subject:Governance of the East Contra Costa Fire Protection District
the Board of Supervisors received a status report from the County
BACKGROUND: (CONT'D)
Administrator and the Interim Fire Chief, East Contra Costa Fire Protection
District, regarding discussions with the Cities of Brentwood and Oakley and
directed District III and V Supervisors to continue discussions with the Cities
regarding establishing an independent appointed Board of Directors.
On February 12, 2008, the County Board of Supervisors, and the Cities of
Brentwood and Oakley adopted resolutions concerning the appointment of a new
Board of Directors. Unfortunately, the resolutions conflicted and further talks to
solve differences regarding a newly appointed East Contra Costa Fire Protection
District Board of Directors stalled. On May 13, 2008, the Oakley City Council
rescinded their Resolution and the City of Brentwood rescinded their Resolution
on May 27, 2008.
Subsequently, discussions have been revived and the parties would like to move
forward with a newly appointed East Contra Costa Fire Protection District Board
of Directors. The attached resolution provides for a nine-member Board of
Directors, with the Directors appointed by the Brentwood City Council, the Oakley
City Council, and the Contra Costa County Board of Supervisors.
Under this structure each of the three jurisdictions would appoint Directors
according to each jurisdiction's proportionate share of population living within the
boundaries of the East Contra Costa Fire Protection District. A nine-member
Board of Directors would be comprised of four Directors appointed by the
Brentwood City Council, three Directors appointed by the Oakley City Council,
and two Directors appointed by the Contra Costa County Board of Supervisors.
Each director must be a resident of the East Contra Costa Fire Protection
District, and appointed Directors would serve at the pleasure of their respective
appointing authorities. Because the number of Directors is based on
proportionate population, the new governing board would consider census
numbers after the 2010 United States Census and, if necessary, adjust each
jurisdiction's representation on the East Contra Costa Fire Protection District
Board of Directors.
Changing the governing structure of the East Contra Costa Fire Protection
District is a two-step process. First, the County and the two Cities must adopt
resolutions consenting to a change in the governing structure. The attached
resolution is the County's consent resolution. It is anticipated that the cities of
Brentwood and Oakley will be considering adopting their consent resolutions at
their October 27 meetings. If the County and both Cities adopt resolutions
consenting to the same change in the governing structure of the fire district, then
the Board of Supervisors, acting in its capacity as the Board of Directors, will take
subsequent action to give authority to the new Board composed of Directors
appointed by the Cities of Brentwood and Oakley and the County. The new
governing structure would take effect 90 days after the adoption of the resolution
implementing the change.
The attached consent resolution also urges the nine-member fire district Board of
Directors to consider adopting a resolution allowing voters to determine whether
the Board of Directors should be composed of members elected directly by the
public. In addition, the attached resolution urges the nine-member Board of
Directors to ensure, to the extent practicable, that the level of service in each
community located within the District will continue to be equivalent to the level
existing in that community at the time the District governing structure takes effect,
and to take steps to improve service levels throughout the District.
It is important to note that a change in the governing structure will not change the
legal status of the East Contra Costa Fire Protection District. The District is an
independent public agency under the Fire Protection District Law of 1987. A
change in the governing structure will neither affect any conditions of
employment of any fire district employee nor any of the District's assets, rights, or
liabilities.
Finally, the County currently provides substantial administrative support to the
East Contra Costa Fire Protection District This resolution provides for a
six-month transition period by affirming that all administrative services will be
provided at the fire district's sole expense and will no longer be provided by the
County, no later than six months after the first meeting of the nine-member fire
district governing board. The attached resolution also affirms that the fire district
will not be funded by the County General Fund.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Resolution No. 2009/940