HomeMy WebLinkAboutMINUTES - 01251994 - 2.A o2 ,1
TO: BOARD OF SUPERVISORS ,..-Contra
Costa
FROM: PHIL BATCHELOR
County Administrator
County
eo
DATE: January 18 , 1994
SUBJECT: ADOPTION OF RESOLUTION OF APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION ON FIRE DISTRICT CONSOLIDATION
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDATION:
Adopt Resolution of Application to the Local Agency Formation Commission
(LAFCO) to.. consolidate the Oakley, Orinda, Pinole, Riverview and West County
Fire Protection Districts with the Contra Costa County Fire Protection
District.
REASONS FOR RECOMMENDATION/BACKGROUND:
On December 14 , 1993 the Board of Supervisors approved the recommendation of
the County Administrator to consolidate the merit system fire districts
(Orinda, Riverview and West County) and the Pinole Fire Protection District
with the Contra Costa County Fire Protection District.
The Board also directed that the Oakley Fire Protection District be annexed
as a Reserve Division of the Contra Costa County Fire Protection District.
Fire protection services will continue to be provided by the traditional
paid-on-call personnel .
The 'inclusion of the Oakley Fire District required revisions to the LAFCO
application submitted with the report of the County Administrator on
December 14 , 1993 .
Attached for your approval is the revised LAFCO application which we believe
reflects the actions of the Board on December 14, 1993 and incorporates the
changes to the LAFCO application directed by the Board.
Continued on Attachment:— YES Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s) :
Action of Board on: January 25, 1994 Approved as Recommended–L—Other X
The Board continued this matter from January 18, 1994. See Addendum, attached,
for Board action of January 25, 1994, item 2.A
Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent AND ENTERED ON THE MINUTES OF THE
Ayes : 11, Y I Noes : TY &T BOARD OF SUPERVISORS ON DATE SHOWN.
Contact: T. McGraw (646-4855) Attested: Ja""�z 9.5, 1994 -
cc: County Administrator Phil Batchelor, Clerk of
Auditor-controller the Board of Supervisors
County Counsel and o my Administrator
LAFCO
County and Indep. Fire Dists . BY: DEPUTY
United Professional
Firefighters Local 1230
Dale Robbins , Teamsters Local 315
P. 0. Box 3010, Martinez, CA 94553
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ADDENDUM TO 2.A,
BOARD OF SUPERVISORS AGENDA
January 25, 1994
The County Administrator commented on the proposed
adjustments to the LAFCO application.
Joyce Hawkins, Orinda City Council, expressed concerns with
including Oakley in the proposed consolidation and expressed
support for the wording in the original consolidation
application.
Supervisor Smith advised that the Board directed some
suggestions for creation of a special zone, an urban wildland
interface zone, around and including all of Orinda, a little bit
of West County and some segments of CCC Fire and Moraga FPD as a
special zone with designated funding.
John Elliff, resident at 1150 Woodglen Drive, Oakley, and
Battalion Chief with the California Department of Forestry, spoke
in favor of including Oakley into the consolidated fire district.
Robert Chapman, Chairman, Contra Costa County Board of Fire
Commissioners, presented a letter opposing the inclusion of the
Oakley FPD into the consolidated fire district.
Supervisors further discussed the proposed changes and what
should and should not be included in the resolution of
application to LAFCO.
Supervisor Torlakson moved the recommendations of the County
Administrator, as amended; that in addition to Supervisor
Smith' s recommendation for the urban wildland interface zone,
that the application to LAFCO also include Oakley and the Cyprus
Lakes portion (Hotchkiss Tract) of the Bethel Island FPD, with
the attached map showing the parts of Hotchkiss Tract going into
the new district.
Supervisor Smith suggested that the concerns raised by .Local
1230 regarding language referencing displacement rights be
addressed, and the possibility of not only committing to the
creation of an urban wildland interface zone, but also committing
that property taxes which are. currently paid in the Orinda Zone
would be spent within such interface zone.
Supervisor Bishop advised that she will not be supporting
the motion and expressed concerns with respect to the diverting
of funds from one district to another, and that she was opposed
to including Oakley in the consolidation.
Supervisor McPeak commented that the inclusion of Oakley
without having worked out all of their personnel issues is
problematic and will be difficult in the future. Supervisor
McPeak moved a substitute motion to exclude Oakley from the
consolidation and to incorporate into the petition to LAFCO the
original language prepared by staff. Supervisor Bishop seconded
the motion, and the motion failed by the following vote:
AYES : Supervisors Bishop and McPeak
NOES : Supervisor Smith, Torlakson and Powers .
Supervisor Powers added one item to the original motion to
refer to the Internal Operations Committee concurrently the issue
of developing a countywide (in the new consolidated district)
advisory committee within the consolidated district to replace
all of the commissions that now exist in the districts, and ask
the Internal Operations Committee at the same time to look at
some principles about a vision of the future for fire protection
and that be developed in a cooperative manner.
Supervisor Smith recommended a minor change to the motion
just to make it clear that any change that occurs in the way that
fire services are delivered in Oakley will be a policy decision
made at this Board level, suggesting wording to include: "it is
the intention of the Board of Supervisors to continue the paid-
on-call delivery system unless facts in the future will lead to a
decision that the system is no longer effective, in which case
the policy decision will be made at the Board of Supervisors
level . "
Supervisors Powers and Torlakson agreed with the statement
of intention.
The vote on the restated motion was as follows :
AYES : Supervisors Smith, Torlakson and Powers
NOES : Supervisors Bishop and McPeak
The Board thereupon adopted Resolution No. 94/90 applying to
the Local Agency Formation Commission relating to fire district
reorganization.
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IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
ADOPTED this order on January 25, 1994 by the following vote:
AYES: Supervisors Smith, Torlakson and Powers
NOES: Supervisors Bishop and McPeak
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 94/90
SUBJECT: Application to the Contra )
Costa County Local Agency )
Formation Commission to Amend )
the SOI of and Annex Territory )
to the Contra Costa County Fire )
Protection District; Dissolve )
the Oakley, Orinda, Pinole, )
Riverview and West County Fire )
Protection Districts and to )
Detach Territory from the )
Bethel Island Fire Protection )
District )
(Gov. Code §5 56652, 56428) )
The Board of Supervisors of the County of Contra Costa, acting as the
governing board of the Bethel Island, Contra Costa County, Oakley, Orinda,
Pinole, Riverview and West County Fire Protection Districts, hereby requests
that the Local Agency Formation Commission of Contra Costa County
concurrently 1) amend the sphere of influence of the Contra Costa County Fire
Protection District, 2) approve .the annexation of all territory of the
Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts
and a portion of the territory of the Bethel Island Fire Protection District
to the Contra Costa County Fire Protection District, 3) dissolve the Oakley,
Orinda, Pinole, Riverview and West County Fire Protection Districts, and 4)
detach a portion of the territory of the Bethel Island Fire Protection.
District:
1 . This proposal is- made pursuant to the Cortese-Knox Act, Government Code
section 56000 et seq.
2 . The nature of this proposal is a reorganization consisting of 1) the
annexation of the entire territory of the Oakley, Orinda, Pinole,
Riverview and West County Fire Protection Districts and a portion of the
territory of the Bethel Island Fire Protection District to the Contra
Costa County Fire Protection district, along with a concurrent amendment
of the sphere of influence of the Contra Costa County Fire Protection
District to accommodate the annexation, 2) the concurrent dissolution
of the Oakley, Orinda, Pinole, Riverview and West County Fire Protection
Districts, and 3) the concurrent detachment of a portion of the
territory of the Bethel Island Fire Protection District. It is
contemplated that the provision of all fire protection services will be
assumed throughout the annexed territory by the Contra Costa County Fire
Protection District and that the Oakley, Orinda, Pinole, Riverview and
West County Fire Protection Districts will dissolve and cease
operations.
3. The boundaries of the territory to be annexed, and of the sphere of
influence amendment, are set forth in Attachment A. (map(s) of area)
The boundaries of the territory to be detached are set forth in
Attachment B.
4 . The terms and conditions proposed for the change of organization are as
follows:
1
a. All equipment and other personal property, all real property and
all records, funding, rights, liabilities and assets, whether
tangible or intangible, of the Oakley, Orinda, Pinole, Riverview
and West County Fire Protection Districts shall be combined with
the property, rights and obligations of the Contra Costa County
Fire Protection District. However, any equipment acquired by a
fire district through donation shall continue to be assigned to the
area for which the equipment was intended at the time of donation.
The Board of Supervisors, as the Governing Board of the Districts,
shall take whatever measures are necessary to effect these actions .
b. Any benefit assessments or development fees associated with any
existing fire district shall be restricted for use in the area of
the consolidated district that corresponds to the territory of the
former fire district in which the revenue source was implemented.
c. The Chief of the Riverview Fire Protection District will become the
acting Chief of the Contra Costa County Fire Protection District.
d. All other employees of the Orinda, Riverview and West County Fire
Protection Districts will become employees of the Contra Costa
County Fire Protection District in the positions they hold at the
time of annexation.
e. All employees of the Contra Costa County, Orinda, Riverview and
West County Fire Protection Districts are employed in identical
Merit Systems administered by Contra Costa County. The rules for
those Merit Systems are contained in the Personnel Management
Regulations which will remain in effect for all employees unchanged
for the merged fire service.
The terms and conditions of employment of the represented employees
of the Contra Costa County, Orinda, Riverview and West County Fire
Protection Districts are governed in part by a memorandum of
understanding between the respective fire protection districts and
United Professional Firefighters, I .A.F.F. , Local 1230, which has
expired but the terms of which are continued' by operation of law.
Those terms and conditions of employment shall continue to remain
in effect as provided in said memorandum of understanding unless
and until they are changed by agreement of the parties, or by
lawful action by the respective fire protection districts
individually so long as they exist, or by the Contra Costa County
Fire Protection District.
f. The Oakley Fire Protection District will become a reserve division
of the Contra Costa County Fire Protection District, known as the
Oakley Reserve Division. Fire protection services will continue to
be provided by traditional paid-on-call personnel. It is the
intention of the Board of Supervisors to continue the paid-on-call
system unless future circumstances suggest that the system is no
longer effective, in which case, the policy decision to alter or
augment the system will be made by the Board of Supervisors.
g. The chief officers of the Oakley Fire Protection District shall be
placed in non-merit system positions in the Oakley Reserve Division
of the Contra Costa County Fire Protection District as follows :
Current Title Reserve Division Position Title
Chief Volunteer Chief/Reserve Coordinator
Asst. Chief Volunteer Asst. Chief/Training Coordinator
Asst. Chief Volunteer Asst. Chief/Training Coordinator
h. All other employees of the Oakley Fire Protection District will be
placed in non-merit system positions in the Oakley Reserve Division
of the Contra Costa County Fire Protection District comparable to
their present positions.
2
' r
i . All employees of the Oakley Fire Protection District, as employees
of the Oakley Reserve Division of the Contra Costa County Fire
Protection District, shall be paid at the leveland on the basis
they are paid at the time of this Reorganization.
j . All employees of the Oakley Fire Protection District, as employees
of the Oakley Reserve Division of the Contra Costa County Fire
Protection District will be eligible only for benefits being
received at the time of this Reorganization unless otherwise
authorized by the Board of Supervisors .
k. This application takes into account the fact that the Pinole Fire
Protection District has no employees and that no employees of the
Bethel Island Fire Protection District are affected by the
detachment.
1. With this change of organization to add territory to the Contra
Costa County Fire Protection District, it (the Contra Costa County
District) as it now exists shall remain in existence for the
purposes and continued application of the Fire Protection District
Laws of 1961 and 1987 .
M. The Board of Supervisors shall direct the Contra Costa County Fire
Protection District Fire Chief to investigate the creation of an
Urban/Wildlands interface zone to include certain areas of the
current Contra Costa County, Moraga, Orinda and West County Fire
Protection Districts . Property taxes paid in the Orinda area would
be restricted for expenditure within any such zone.
5 . The reason for this proposal is to allow the provision of better and
more economic fire protection services. Upon reorganization of the
existing fire districts, the Contra Costa County Fire Protection
District will use its best efforts to maintain the following minimum
standards of existing service levels:
a. While allowing for station relocation within a former district,
average and maximum response times, as measured from existing fire
stations to the area served by those stations, will be maintained.
It is the intention of the Board of Supervisors that the current
number of fire stations in the existing districts will not be
reduced.
b. The existing Incident Command System (I .C.S. ) , utilizing engine
company personnel, chief officers and staff as commonly utilized in
the fire service in California will be continued.
C. Support services, as measured by inspection and abatement service
levels, development plan review service levels and disaster
preparedness coordination effort will be maintained.
d. Emergency medical training, wildlands fire training, hazardous
materials training and other specialized training based on local
area needs will be provided as necessary within each of the former
districts.
e. Capital equipment and improvements, as measured by existing number
of stations, and the response capabilities of existing engines and
ambulances will be maintained. Efforts to improve the water supply
systems, (hydrants, mains, etc. ) will be continued.
Efforts to maintain the standards will be . equitably applied
throughout the reorganized district and among the . former merit
system districts. Should funding levels decline from those in
existence at the time of reorganization, reduction in standards
will be equitably applied throughout the reorganized district and
among the former districts.
6. The proposal is not consistent with the present sphere of influence of
the Contra Costa County. Fire Protection District or the present spheres
of influence of the Bethel Island, Oakley, Orinda, Pinole, Riverview and
3
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West County Fire Protection Districts but would be consistent with the
amended sphere of influence. proposed herein for the Contra Costa County
Fire Protection District.
7 . The persons to be informed as to any notice of proceedings and to
receive copies of any reports of the Executive Officer are:
Phil Batchelor, County Administrator
Attn: Terry McGraw
651 Pine Street, 10th Floor
Martinez, CA 94553
Chief Allen Little
Riverview Fire Protection District
1500 West 4th Street
Antioch, CA 94509
8. It is hereby requested that, pursuant to the Cortese-Knox Act,:
proceedings be taken for the aforenoted annexation, the aforenoted
concurrent sphere of influence amendment, and the aforenoted concurrent
dissolution.
I hereby certify that the foregoing 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: January 25, 1994
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By
puty
cc: County Administrator .
Auditor-Controller
County Counsel
LAFCO
4
RESOLUTION NO. 94/90
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OFFICE OF COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
Martinez, California
DATE: January 25, 1994
TO: BOARD OF SUPERVISORS
FROM: PHIL BATCHELOR
County Administrator
SUBJECT: ADDITIONAL ISSUES CONCERNING LAFCO FIRE DISTRICT CONSOLIDATION
APPLICATION
Background
On January 18, 1994 the Board of Supervisors continued consideration on the
report of the County Administrator recommending adoption of a Resolution of
Application to LAFCO for the consolidation of the Oakley, Orinda, Pinole,
Riverview and West County Fire Protection Districts with the .Contra Costa
County Fire Protection District.
The Board continued consideration on the consolidation proposal for one week
because time did not permit full discussion of potential adjustments to the
proposed LAFCO application as follows :
Issues
Urban/Wildlands Interface Zone
Supervisor Jeff Smith proposed the addition of wording to require
investigating the concept of designating certain areas of Contra Costa
County, Moraga, Orinda and West County Fire Districts as an Urban/Wildlands
zone in recognition of the close interface between developed residential land
and undeveloped wooded areas . Presented below is proposed wording to deal
with this issue:
The Board of Supervisors shall direct the Contra Costa County Fire
Protection District Fire Chief to investigate the creation of one or
more Urban/Wildlands interface zones in certain areas of the current
Contra Costa County, Moraga, Orinda and West County Fire Protection
Districts .
1
If approved by the Board, the above language could be added to the
Resolution as paragraph n.
Oakley Reserve Division of Contra Costa County Fire Protection District
Supervisor Tom Torlakson raised questions about sections of the Resolution
that designated the Oakley Fire Protection District a reserve division of the
consolidated district dependent on its own financial resources for operations
and expansion.
Supervisor Torlakson expressed concern that certain sections of the
Resolution are not within the intent of the motion he made on December 14 ,
1993 nor do they reflect the actions of the Board on that date. He further
stated that although the intent of the Oakley consolidation is to maintain
the volunteer nature of the organization, restrictions limiting improvements
in service levels to the financial ability to fund said improvements should
not be included in the LAFCO application.
Alternate language to accommodate Supervisor Torlakson's concerns could be
adopted as follows :
Section 4 . f.
Current Language - The Oakley Fire Protection District will become a
reserve division of the Contra Costa County Fire Protection District,
known as the Oakley Reserve Division. Fire protection services will
continue to be provided by traditional paid-on-call personnel . Any
change in this arrangement will only be considered if permitted by
future revenues generated within the territory of the current Oakley
Fire Protection District.
Proposed Change - Delete the last sentence.
Section 4 . j .
Current Language - All employees of the Oakley Fire Protection District,
as employees of the Oakley Reserve Division of the Contra Costa County
Fire Protection District will be eligible only for benefits being
received at the time of this Reorganization.
Proposed Change - Add the phrase "unless otherwise authorized by the
Board of Supervisors . "
Section 4 .k.
Current Language - Expenditures for capital in the Oakley Reserve
Division shall be restricted to revenues generated within the territory
of the former Oakley Fire Protection District.
Proposed Change - Delete
Section 4 .m.
2
Current Language - With this change of organization to add territory to
the Contra Costa County Fire Protection District, it (the Contra Costa
County District) as it now exists shall remain in existence for the
purposes and continued application of the Fire Protection District Laws
of 1961 and 1987, but shall have no obligation to increase or augment
existing service levels in the former Oakley Fire Protection District.
Proposed Change - Delete the phrase "but shall have no obligation to
increase or augment existing service levels in the former Oakley Fire
Protection District. "
Cypress Lakes Development Proposal in Hotchkiss Tract
Supervisor Torkalson also suggested that the Resolution should include
language to detach a portion of the Hotchkiss Tract area from the Bethel
Island Fire District and annex it to Oakley and, thus, to Contra Costa County
Fire.
The determination of the appropriate fire district to serve a new development
area is typically made by LAFCO in connection with other development related
annexation/detachment issues .
The Cypress Lakes development is currently under review by LAFCO which
recently approved annexation of the Cypress Lakes area to water, sanitary and
street lighting services, but deferred action on the issue of fire service
pending the outcome of the Board' s deliberations on consolidation.
LAFCO has traditionally dealt, with the issue of developments straddling two
or more common service providers by requiring annexation/detachment actions
so that a single appropriate service provider would serve. the area.
Local 1230 Adjustment Request
The attached letter from United Professional Firefighters Local 1230
expresses concern about the last part of Section 4 .e. that provides for
merging seniority and layoff lists without the opportunity to meet and
confer. While Local 1230 may ultimately agree to a simple merging of
seniority lists, they believe that this subject falls under the Meyers-
Milias-Brown Act and should be discussed at the bargaining table. We have no
objection to Local 1230' s request.
Accordingly it is suggested that the following language be deleted from
Section 4 .e. of the Resolution:
"provided that with merger into a single Fire Protection District under
a single Fire Chief appointing authority, employee seniority of the
employees of the Contra Costa County, Orinda, Riverview and West County
Fire Protection Districts will be merged into a single seniority list
for each job classification and employee lay-off displacement rights
will include the entire merged district, exempting the Oakley Fire
Protection District. "
3
cc: County Administrator
Auditor-Controller
County Counsel
LAFCO
County and Independent Fire Districts
United Professional Firefighters Local 1230
Dale Robbins, Teamsters Local 315
(P. O. Box 3010, Martinez, CA 94553)
4
- ,
r
00
Of Contra Costa County1.A. F.F. LOCAL 1230
� 1
112 BLUE RIDGE DRIVE TELEPHONE ��
MARTINEZ,CALIFORNIA 94553 .' 415/9s$-i230
January l 8, 1994 ;
SENT VIA IFAS -
Mr.Phil Batchelor.County Administrator � -
Contra Costa.County
651 Fine Street, I Ith Floor
Martinez,California 94553
Re: Leal 1230 position on meet-and-confer to merge seniority lists
Dear Mr.Batchelor,
Recognizing the Board's need to move on with its agenda items this morning,L sod 1230 did
not speak to the Supervisors regarding the LAFCO application for fire district consolidation which
you presented to them.There is one issue in particular,however,that we would ask you and the
Board to address prior to next Tuesday's meeting.
On page 2.[tem ale..there is language that acknowledges the requirement w meet in an effort to
mutually agree to any changes in the existing memorandum of understanding.We appreciate the
County's respect for that requirement under the Meyers-Milias-Brown Act.We are disturbed,
however,that the final clause of Item 4e.seems to separate out the issue of merging seniority lists
and layoff lists from other subjects which arc matters within the scope of representation.
Our members may,in fact,ultimately agree to a simple merging of seniority lists that is based
on date of hire and which ignores the member's status within his or her respective district.
However,there may be other methods of establishing a merged seniority or layoff list which
provide greater protection to members'current status within the Merit System.We would like to
protect the right to meet-and-confer on these alternatives.
The merging of seniority lists has further potential economic impact as promotionid tests are
administered to members who formerly worked for four different fire distracts and seniority paints
are awarded to competitors. We would like to protect the right to meet-and-confer on the impact of
merged seniority lists on this area as well.
We spoke publicly to the Board on these concerns on December T, 1993.The modification to
die language in question in the latest Board Order only serves to exempt Oakley employees from
the merged list.We ask that you include the establishment of merged seniority and layoff lists with
other matters within the scope of representation and that we have the opportunity to meet-and-
confer on all of those matters.
Respectfully,
Henry teen,bice-President
cc: Board of Supervisors
AfTrliated with American Federation of tabor and Congress of Industrial+csmizatons.Inte,nationai Association of Fne Fighters
Califurnia 5ute Federation of Labo.K*Federated Fire Fighters of Cf)ntra Costa County Ctsntral Labor Council z c L
r
LG.-,'.
����• �_
C�
..,j �/'
A
r ,
. A 8.1�KG Rov�v
vA-
OFFICE OF COUNTY ADMINISTRATOR .
CONTRA COSTA COUNTY
Administration Building
Martinez, CL.lifornia
DATE: January 25, 1994
TO: BOARD OF SUPERVISORS
FROM: PHIL BATCHELOR
County Administrator
SUBJECT: ADDITIONAL ISSUES CONCERNING LAFCO FIRE DISTRICT CONSOLIDATION
APPLICATION
Background
On January 18 , 1994 the Board of Supervisors continued consideration on the
report of the County Administrator recommending adoption of a Resolution of
Application to LAFCO for the consolidation of the Oakley, Orinda, Pinole,
Riverview and West County Fire Protection Districts with the Contra Costa
County Fire Protection District.
The Board continued consideration on the consolidation proposal for one week
because time did not permit full discussion of potential adjustments to the
proposed LAFCO application as follows :
Issues
Urban/Wildlands Interface Zone
Supervisor Jeff Smith proposed the addition of. wording to require
investigating the concept of designating certain areas of Contra Costa
County, Moraga, Orinda and West County Fire Districts as an Urban/Wildlands
zone in recognition of the close interface between developed residential land
and undeveloped wooded areas . Presented below is proposed wording to deal
with this issue:
The Board of Supervisors shall direct the Contra Costa County Fire
Protection District Fire Chief to investigate the creation of one or
more Urban/Wildlands interface zones in certain areas of the current
Contra Costa County, Moraga, Orinda and West County Fire Protection
Districts .
1
If approved by the Board, the .:above, language .,could be added to the
Resolution as paragraph n.
Oakley Reserve Division of Contra Costa County Fire Protection District
Supervisor Tom Torlakson raised questions about sections of the Resolution
that designated the Oakley Fire Protection District a reserve division of the
consolidated district dependent on its own financial resources for operations
and expansion.
Supervisor Torlakson expressed concern that certain sections of the
Resolution are not within the intent of the motion he made on December 14,
1993 nor do they reflect the actions of the Board on that date. He further
stated that although the intent of the Oakley consolidation is to maintain
the volunteer nature of the organization, restrictions limiting improvements
in service levels to the financial ability to fund said improvements should
not be included in the LAFCO application.
Alternate language to accommodate Supervisor Torlakson's concerns could be
adopted as follows :
Section 4 . f .
Current Language - The Oakley Fire Protection District will become a
reserve division of the Contra Costa County Fire Protection District,
known as the Oakley Reserve Division. Fire protection services will
continue to be provided by traditional paid-on-call personnel. Any
change in this arrangement will only be considered if permitted by
future revenues generated within the territory of the current Oakley
Fire Protection District.
Proposed Change - Delete the last sentence.
Section 4 . j .
Current Language - All employees of the Oakley Fire Protection District,
as employees of the Oakley Reserve Division of the Contra Costa County
Fire Protection District will be eligible only for benefits being
received at the time of this Reorganization.
Proposed Change - Add the phrase "unless otherwise authorized by the
Board of Supervisors. "
Section 4 .k.
Current Language - Expenditures for capital in the Oakley Reserve
Division shall be restricted to revenues generated within the territory
of the former Oakley Fire Protection District.
Proposed Change - Delete
Section 4 .m.
2
Current Language - With this change of organization -to add .territory to
the Contra Costa County Fire Protection District, it . (the .Contra Costa
County 'District) as it now exists shall remain in existence for the
purposes and continued application of the .-Fire Protection District Laws
cf 1961 and 1987, but shall have no obligation to increase or augment
existing service levels in the former Oakley Fire Protection District.
Proposed Change - Delete the phrase "but shall have no obligation to
increase or augment existing service levels in the former Oakley Fire
Protection District. "
Cypress Lakes Development Proposal in Hotchkiss Tract
Supervisor Torkalson also suggested that the Resolution should include
language to detach a portion of the Hotchkiss Tract area from the Bethel
Island Fire District and annex it to Oakley and, thus, to Contra Costa County
Fire.
The determination of the appropriate fire district to serve a new development
area is typically made by LAFCO in connection with other development related
annexation/detachment issues .
The Cypress Lakes development is currently under review by LAFCO which
recently approved annexation of the Cypress Lakes area to water, sanitary and
street lighting services , but deferred action on the issue of fire service
pending the outcome of the Board' s deliberations on consolidation.
LAFCO has traditionally dealt with the issue of developments straddling two
or more common service providers by requiring annexation/detachment actions
so that a single appropriate service provider would serve the area.
Local 1230 Adjustment Request
The attached letter from United Professional Firefighters Local 1230
expresses concern about the last part of Section 4 .e. that provides for
merging seniority and layoff lists without the opportunity to meet and
confer. While Local 1230 may ultimately agree to a simple merging of
seniority lists, they believe that this subject falls under the Meyers-
Milias-Brown Act and should be discussed at the bargaining table. We have no
objection to Local 1230' s request.
Accordingly it is suggested that the following language be deleted from
Section 4 .e. of the Resolution:
"provided that with merger into a single Fire Protection District under
a single Fire Chief appointing authority, employee seniority of the
employees of the Contra Costa County, Orinda, Riverview and West County
Fire Protection Districts will be merged into a single seniority list
for each job classification and employee lay-off displacement rights
will include the entire merged district, exempting the Oakley Fire
Protection District. "
3
cc: County Administrator
.Auditor-Controller
County Counsel
LAFCO
County and Iniependent Fire Districts
United Profes6ional Firefighters Local 1230
Dale Robbins, Teamsters Local 315
(P. O. Box 3010, Martinez, CA 94553)
4
t
ILI ' 44.&
Of Contra , osfacovnty I.A. F.F. LOCAL I 30
112 BLUE RIDGE DRIVE TELEPHONE
MARTINEZ,CALIFORNIA 94553 415/932-1230
january 18, 1994
SENT YTA FAX
Mr.Phil Batchelor.County Administrator
Comm Costa County
651 Pine Street, 11th IROOr
Martinez,California 94553
Re: Local 1230 position on meet-and-confer to merge seniority lists
Dear Mr. Batchelor,
Recogni2ing the Board's need to move on with its agenda items this morning,Local 1230 did
not speak to the Supervisors regarding the LAFCO application for fire district consolidation which
you presented to them There is one issue in particular,however,that we would ask you and the
Board to address prior to next Tuesday's meeting.
On page 2.Item 4c.,there is language that acknowledges the requirement to mm in an effan to
mutually agree to any changes in the existing memorandum of understanding.We appreciate the
County's respect for that requirement under the Meycrs-Milias-Brown Act.We are disturbed.
however,that the final clause of Item 4e.seems to separate out the issue of merging seniority lists
and layoff lists from other subjects which are matters within the scope of representation.
Our members may,in fact,ultimately agree to a simple merging of seniority lists that is based
on date of hire and which ignores the member's status within his or her respective district.
However,there may be other methods of establishing a merged seniority or layoff list which
provide greater protection to members'current status within the Merit System.We would like to
protect the right to meet-and-confer on those alternatives.
The merging of seniority lists has further potential economic impact as Vmmotional tests are
administered to members who formerly worked for four different f=districts and seniority points
are awarded to competitors.We would like to protect the right to meet-and-confer on the impact of
merged seniority lists on this area as well.
We spoke publicly to the Board on these concerns on December 7, 1993.The modTication to
the language in question in the latest Board Order only serves to exempt Oakley employees from
the merged list.We ask that you include the establishment of merged seniority and layoff lists with
.other matters within the scope of representation and that we have the opportunity to meet-and-
confer on all of those matters.
Re ectfull�)
1A,-9t �
Henry V6ren,Vice-President
cc.- Board of Supervisors
Affiliated with American Ftdcrgdon of Labor and Congress of Indoetrial Orpnizatit-ms:a lattrustional Amcisfion of Fire Fighters
CsUfoinin State Federation of taboo-Yedenatled FiTc Fighters of California-Cpntsa Costa County Centcat Labor Council c G L
L�RwG
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
° e o
FIRE CHIEF BOARD OF FIRE COMMISSIONERS
Allen Little Edward B. Haynes
2010 Geary Road Darrell W. Harguth
Pleasant Hill, California 94523-4694 January 24, 1994 Robert H. Chapman
TELEPHONE (510) 930-5500
FAX (510) 930-5592
The Honorable Tom Powers, Chair
Contra Costa County Board of Supervisors
Administration Building
651 Pine Street
Martinez, CA 94553
Dear Supervisor Powers :
At their meeting of January 20, 1994, the Commission of the
Contra Costa Fire District voted unanimously to oppose inclusion
of the Oakley Fire District in the consolidation of Fire
Districts .
Our Commission' s concerns about the inclusion of Oakley were
greatly elevated by Supervisor Torlakson' s remarks on January 18,
1994 concerning the future of that District in the larger
organization. It is our position that the inclusion of Oakley
raises the potential for diversion of funding and reduction of
service levels to unacceptable levels . In addition, the unique
operational and personnel arrangements of that small District
will require a disproportionate allocation of time and effort
from the. already reduced management staff .
We have not previously commented on the accommodations necessary
to merge the major Districts which already share many common
elements, but the inclusion of the Oakley District does not meet
this criteria. We are opposed to its inclusion . in the LAFCO
application for Fire District consolidation and urge that it be
deleted.
erely,
Robert H. Chapman, Chair
Board of Fire Commissioners
RHC:pj
cc : Peter A. Laurence, Mayor of Clayton
Mark DeSaulnier, Mayor of Concord
Anne Grodin, Mayor of Lafayette
Michael Menesini, Mayor of Martinez
Terri Williamson, Mayor of Pleasant Hill
Ron Beagley, Mayor of Walnut Creek
Phil Batchelor, County Administrator
Serving the communities of Clayton,Concord,Lafayette,Martinez,Pleasant Hill,
Walnut Creek,and some unincorporated County areas