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HomeMy WebLinkAboutMINUTES - 12081998 - D5 Contra TO: BOARD OF SUPERVISORS -' Costa County FROM: PHIL BATCHELOR County Administrator DATE: December 8, 1998 SUBJECT: COMPLETION OF PROCEEDINGS FOR THE COUNTY FIRE DISTRICTS BOUNDARY REORGANIZATION (GOV. CODE §57075 (a) (2) (A) & 57082) Specific Request(s) or Recommendations) & Background &Justification RECOMMENDAILONS: 1. DETERMINE that no petition sufficient to require an election on the subject boundary reorganizations was filed by December 3, 1998. 2. ORDER the reorganization of the County Fire Districts effective January 1, 1999. 3. ADOPT a Resolution Completing Proceedings for the County Fire Districts Boundary Reorganization (LAFC 98-46). 4. DIRECT the Clerk of the Board of Supervisors to make appropriate filings with the Local Agency Formation Commission Executive Officer. REASONS FOR RECOMMENDATION/BACKGROUND: On August 11, 1998, the Board of Supervisors adopted Resolution No. 98/418, requesting the Local Agency Formation Commission to approve the following actions: 1. Formation of the dependent Oakley Fire Protection District (OFPD) and establishment of the Sphere of Influence (SOI) boundary for said District; 2. Detachment of the territory currently known as the Oakley Reserve Division from the Contra Costa County Fire Protection District (CCCFPD) and concurrent annexation of said territory to the OFPD; 3. Detachment of a portion of the Hotchkiss Tract area from CCCFPD and concurrent annexation of said territory to the Bethel Island Fire Protection District. On October 14, 1998, the LocalAgency Formation Commission approved the reorganization and authorized the Board of Supervisors to order the reorganization without an election, ab ent a valid protest petition. Continued on Attachment:—X— YES Signature: reverser Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of Board on: DM 8• 99 Approved as Recommended-X—9therr— Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN —X- Unanimous{Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: Terry McGraw: (925)335-1055 Attested: DECEMBER 8, 1998 cc: County Administrator Phil Batchelor,Clerk of Auditor-Controller the Board of Supervisors County Counsel a d County Administrator LAFCO By: DEPUTY On November 3, 1998, the Board of Supervisors held a noticed pudic hearing to complete the fire district reorganization process. The Board received>protests that any person desired to file, heard all testimony that any person desired to present and received any documents that any person desired to submit. The Board closed the hearing and deferredfinal action on the matter until December 8, 1998 pending the outcome of the 30-day period in which a petition containing the signatures of 25% of the registered voters within the affected territory may be filed to farce an election on the reorganization. The time period for filing a petition expires on December 3, 1998. As of 5 p.m., december 2, 1998, no petition had been filed. OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building Martinez, California DATE: December 3 , 1998 TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR County Administrator SUBJECT: FIRE DISTRICT REORGANIZATION DECEMBER 8, 1998 AGENDA ITEM This is an informational cover memorandum regarding the attached December 8, 1998 Board Order. The Beard Order was written on the assumption that any petition signatures submitted by the December 3, 1998 deadline would not equal 25 percent of the registered voters of the proposed fire district . If we do receive a number of signatures that appear to meet the 25 percent requirement, it may be necessary to defer action on this matter until December 15, 1998 to allow time for the Elections Division of the County Clerk-Recorder to verify the validity of the signatures. We will notify you regarding the petition issue as soon as petition signatures are counted and evaluated. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 8, 1998 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NO'S SUBJECT: County Fire Districts ) Boundary Reorganization ) RESOLUTION NO. 98f624 (LAFC Res. 98-46) ) (Gov. Code §§ 57075(a)(3), 57081(a),57082) Acting as conducting authority under the Cortese-Knox Act (Gov. C. Secs. 56000 et seq.), the Board of Supervisors of Contra Costa County RESOLVES that: 1. This Resolution is adopted pursuant to the Cortese-Knox Act, Government Code Sections 56000 et seq. 2. The reorganization ("boundary change") ordered by this Resolution consists of formation of the Oakley Fire Protection District (OFPD) and establishment of the sphere of influence boundary for said District, detatchment of the territory currently known as the Oakley Reserve Division from the Contra Costa County Fire Protection District (CCCFPD) and concurrent annexation of said territory to OFPD, detachment of a portion of the Hotchkiss Tract area from CCCFPD and concurrent annexation of said territory to the Bethel Island Fire Protection District (BIFPD). 3. The exterior boundaries of the above-noted boundary change are as specified in Exhibit A hereto. 4. The affected territory for this boundary change has been determined to be legally inhabited. 5. This boundary change is subject to the following conditions, as imposed by the Local Agency Formation Commission: a) The proposed reorganization shall become effective January 1, 1999 ........I..................................................................................................................... .......................................................................................... b) In accordance with Article XIIIB of the California constitution, the appropriations limit for the Oakley Fire Protection District shall be established at $1,267,300 and adjusted annually for changes in the cost of living. c) The name of the proposed new fire protection district will be the Oakley Fire Protection District. d) Fire protection services in the proposed new Oakley Fire Protection District will 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. e) All equipment and other personal property, all real property, and all records, funding, rights, liabilities and assets, whether tangible or intangible, of the former Oakley Fire Protection District shall be transferred to and become the property, rights and obligations of the proposed new Oakley Fire Protection District. The Board of Supervisors, as the Governing Board of the Districts, shall take whatever measures are necessary to effect these actions. f) The chief officers of the Oakley Reserve Division of the Contra Costa County Fire Protection District shall be placed in non-merit system positions in the Oakley Fire Protection District as follows: Reserve Division Position Title Oakley Fire Protection District Title Volunteer Chief/Reserve Coordinator Chief Volunteer Asst. Chief/Training Coordinator Asst. Chief Volunteer Asst. Chief/Training Coordinator Asst. Chief All other employees of the Oakley Reserve Division will be placed in non- merit system positions in the Oakley Fire Protection District comparable to their present positions. g) All employees of the Oakley Reserve Division of the Contra Costa County Fire Protection District, as employees of the Oakley Fire Protection District, shall be paid at the level and on the basis they are paid at the time of this Reorganization. h) All employees of the Oakley Reserve Division of the Contra Costa County Fire Protection District, as employees of the Oakley Fire Protection Resolution No. 98/624 2 District will be eligible only for benefits being received at the time of this Reorganization unless otherwise authorized by the Board of Supervisors. i) This application recognizes that no employees of the Bethel Island Fire Protection District are affected by the reorganization. j) With this change of organization to delete territory from the Contra Costa County Fire Protection District, it (the Contra Costa County Fire Protection 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. 6. The affected territory will be taxed for any bonded indebtedness established for the new District, including the territory annexed thereto. Any bonded indebtedness existing for the territory annexed to the new District shall continue to be the obligation of the annexed territory. The regular county assessment roll will be used for the collection of taxes and assessments in the new District, including the territory annexed thereto. 7. This proposal will separate the dissimilar fire district operations, i.e., the fully staffed, fully paid Contra Costa County Fire Protection District and the paid on-call Oakley Reserve Division. The existence of a "volunteer" operation within a fully paid fire district has caused dissension among District staff, fire fighters union employees and the Oakley reserve staff. Because of the District's operating financial shortfall and the need for new fire stations in its pre-consolidation territory, staffing the Oakley station with full time firefighters has not been feasible. The efforts to displace the paid-on-call employees of the Oakley Reserve Division has caused a significant amount of morale problems among the ranks of the paid-on-call firefighters. The re-establishment of the Oakley Fire District will return a feeling of local control and fire service identify to the communities of Oakley and Knightsen which could help ensue passage of any revenue measures that may become necessary in the future to meet the fire service needs of the Oakley District. 8. This boundary change is categorically exempt (Class 20) under the California Environmental Quality Act ("CEQA"). 9. This Board hereby finds that insufficient protests were filed to require termination of proceedings or election and, therefore, hereby ORDERS the County Fire Districts Boundary Reorganization, effective January 1, 1999, subject to the terms and conditions specified herein. 3 Resolution No. 98/624 10. The Clerk of this Board shall transmit a certified copy of this Resolution, along with a remittance to cover any applicable fees as proved by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency Formation Commission, with a request that the Executive Officer complete the boundary change by filing a Certificate of Completion and Statement of Boundary Change. ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Deputy cc: Annamaria Perrella, LAFCO Executive Officer Phil Batchelor, County Administrator Attn: Terry McGraw Chief, Oakley Fire Protection District Chief, Bethel Island Fire Protection District Chief, Contra Costa County Fire Protection District Victor J. 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It. f y Y Y kwt +a �w". •wr s X 1 7 },;yt w � w.7. $Y Y !X Y tt•�Y � �.t t,y„ ��� r, /; 3 Y «�» as irl�� ♦ !: .f; FY �• , . y .rt.-r,.y,..w. � • �� � to '1 r..C•.w,.. ti t O r J rt "'Atligy"! ,.t ' t, rr j r r' tt ^'RY� Y •.•w.e'i+a tM•�r,*,rp � Ir lY 1 k..t ji � ` t .•+��r .tt"�--, ..W,., ! th - - ,•a"i / `+�� � � � S�+'^"� yam' a «:,«., �� Y ! if r ` ( r 'l.r 'x _ a { I' , t'JAL r ",c ..,.,.., f.: f2 ([jF1r fi»,tt i 1 a � r r..••� i i Y J +e l ' r w' f J#�i« / _ f. ♦ } t 1 lits, „rw,� �y, }/ ,� t/ r ♦' ' � 1 f �r� �It !�r t Y .��M A r .,x....•"� ,rw rt ATTACHMENT A-1 Local Agency Formation Commission Contra Costa County, California Approved Description By: Tim Aiello RE-CREATING OAKLEY FIRE PROTECTION DISTRICT AND CONCURRENT DETACHMENT FROM CONTRA COSTA FIRE PROTECTION DISTRICT All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, state of California. All of Contra Costa Fire Protection District (CCFPD) lying northerly of the northern boundary line of East Diablo Fire Protection District(EDFPD) and northeasterly of the southwesterly right-of-way line of the Union Pacific Railroad as it runs through Sections 27, 34, and 3 5 in Township 2 North, Range 2 East, Mount Diablo Base and Meridian, and lying easterly of the following described line: Beginning on the southwesterly right-of-way line of the Union Pacific Railroad at its intersection with the west line of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian; thence from said point of beginning northerly along the west line of Sections 27, 22, and 15, Township 2 North,Range 3 East, Mount Diablo Base and Meridian, to its terminus at the northerly boundary line of Contra Costa County. EXCEPTING therefrom a portion of Section 15 and a portion of the north half of Section 22, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as .follows: With the corner common to Sections 14, 15, 22, and 23 as a point of reference; thence North 89058'13"West 652.41 feet to the point of beginning;thence North 89°58'13" West 75 feet; thence North 00"01'47"East 500 feet;thence North 894630"East 397.41 feet; thence North 00'01'47" East to a point in the San Joaquin River on the northerly boundary line of Contra Costa County; thence southwesterly along said County boundary to its intersection with the west line of said Section 15; thence southerly along said west line and the west line of said Section 22 to its intersection with the north line of a 100- foot right-of-way of the Atchison Topeka and Santa Fe.Railway Company; thence along the north line of the said 100-foot right-of-way South 79°44'20" East 1,915.21 feet; thence continuing along the north line of the said 100-foot right-of-way along a curve to the right having a radius of 5,779.65 feet, an arc distance of 1,257.56 feet;thence continuing along the north line of the said 100-foot right-of-way South 67°16'20"East 1,785.08 feet to the paint of intersection of the north line of the said 100-foot right-of-way and the north right-of-way line of Victory Highway (60 feet); thence along the north right-of-way line of said Victory Highway(60 feet) South 89°38`35"East 279.74 feet to the east line of Section 22; thence along the east line of Section 22 North 00"01'47" East 2,084.89 feet; thence South 89"46'30" West 660 feet;thence North 00°51'12" East 541.09 feet to the point of beginning. ATTACHMENT A-2 Local Agency Formation Commission Contra Costa County, California Approved Description By: Tim Aiello ANNEXATION TO THE BETHEL ISLAM`} FIRE PROTECTION DISTRICT AND CONCURRENT DETACHMENT FROM THE CONTRA COSTA FIRE PROTECTION DISTRICT All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. All that area within the boundary of the Contra Costa Fire Protection District in Sections 21 and 22 of Township 2 North, Range 3 East, Mount Diablo Base and Meridian, lying northerly of the south lines of said Sections and easterly of the west line of Section 21, said west line being on the centerline of Jersey Island Road. CONTRA COSTA COUNTY L( :L AGENCY FORMATION COMMISSION 651 Pine Stieet,Eighth Floor • Martinez,CA 94553=1229 (925):646-4090 • FAX(925)646=2240 La .frc MEMBERS ALTERNATE MEMBERS Joseph Canciamilla Dwight Meadows Donna Gerber EXECUTIVE OFFICERCounty Supervisor Specla.Districts County Supervisor ANNAMARIA PERI2ELLA Millie Greenberg Michael Menesini David Kurrent Danville Town Council Martinez City Council Public Member David Jameson Martin McNair George H.Schmidt Special Districts Public Member Special District Gayle B.'Uilkema Don Tatzin . ; µ County Supervisor Lafayette City Council CONTRA COSTA Co RecondeA'.a 066i.ce. STEPHEN L. WEIR, County RecoAden DOC - 99-0019704-00 ' Monday, JAN 25, 1999 12:22.55 FRE $0.00; ; Ttt Pd $0.00 NbA-0000410079 .E4c/R9/1-17 CERTIFICATE OF COMPLETION Pursuant to Government Code Sections 57200 and 57201, this Certificate of Completion is issued by the Executive officer of the Local Agency Formation Commission of the County of Contra Costa, State of California. 1 . The short-form designation, as determined by LAFCO, is : "County Fire Districts Boundary Reorganization' (LAFC 98-46) " 2 . The name of each district or city involved in this change of organization or reorganization and the kind or type of change of organization or reorganization ordered for each city or district are: City/District Type of Organizational Change Oakley Fire Protection District Formation Contra Costa Fire Protection District Detachment Oakley Fire Protection District Annexation Bethel Island Fire Protection District Annexation 3 . The above-listed special districts are located within the County of Contra Costa. 4 . The boundaries of the above-cited change of organization or reorganization are described and depicted in the attached exhibits marked Exhibits A and B and by reference incorporated herein. 5 . The territory involved in this change of organization or reorganization is inhabited. Certificate of Completion (LAFC 98-46) 2 6 . This reorganization has been approved subject to the terms and conditions set forth in attached Board of Supervisors Resolution Nos . 981475 , 98/523 and 98/624 including: a) that the proposed reorganization shall become effective January 1, 1999 and b) in accordance with Article .XIII-B of the California Constitution, the appropriations limit for the Oakley Fire Protection District shall be established at $1,267, 340 and adjusted annually for changes in the cost of living. 7 . This reorganization was ordered by the Contra Costa County Board of Supervisors after Conducting Authority proceedings called for and held on December 8, 1998, after which Resolution No. 98-624 was adopted and is attached hereto as Exhibit C. I hereby certify that I have examined the above-cited resolution, including 'any terms and conditions, and the map and legal description, and have found these documents to be in compliance with the attached LAFCO Resolution No. LAFC 98-46 adopted on October 14, 1998 . Annamaria Perrella, Executive Officer Date Local Agency Formation Commission, County of Contra Costa Enclosures ccs State Board of Equalization Assessor; Tim Aiello Auditor; Paul Abelson Elections; Russ Fernandez Community Devl; Sue Warden Phil Batchelor; County Administrator Ann Cervelli, Clerk of the Board of Supervisors Chief Keith Richter; CCCFPD Chief Dave Wahl; BIFPD Paul Cutino; Oakley Reserve Division Lou Paulsen; Firefighters Local 1230 Aaron Meadows; OMAC Thayne Thomas ; OIC Statement of Boundary Change :.. State Board of Equalization Tax Area Services Section 450 N Street, MIC: 59 P. O. Box 942879 Sacramento, California 94279-0059 B.0.E File No: Count Contra Costa County 07 Acrea +/ Fee $ Resolution/Ord 98-624 Cond Authority County Board of Supervisors LAFCo. Res. 98-46 Short County Fire District Boundary Reorganization ( LAF 98-46 ) Effective Date: 1125199 Type of 01 Annex to Dist 06 Consol. of TRA's 10 Formatn-Redevlp 02 Annex to City 07 Detach from Dist 11 Name Change (Choose one 04 City Incorp 08 Dissol.of District x 12 Reorganization 05 Consol. of Dist. 09 Formain-District 13 School District BOE Cod Cit /District Type of Change City/Distrct(s Oakley Fire Protection District Formation Affected by Contra Costa Fire Protection District Detachment Bethel Island Fire Protection District Annexation Oakley Fire Protection District Annexation Affected x Inhabited Developed Number of is legally: Uninhabited Undevelo e The affected will be taxed for existing bonded indebtedness or contractual obligations as territory: set forth by the terms and conditions as stated in the resolution. will not be taxed for existing bonded indebtednessor contractual Enclosed are x Fees x Map(s) and Supporting Documents following items x Legal Description Assessor parcel number(s) of required at the x Resolution of Conducting County Auditor's Letter of TRA of filing: x Certificate of Completion (consolidated counties) City_Boundary_ Map of limitinj addresses (2 j I Vicinity Maps (2 copies) Changes Only: Alphabetical list of all streets within the affected area to include beginning Estimated Board of Equalization will acknowledge receipt of filing to Name: Annnamaria Perrella chk #: Title: Executive Officer Agency: Centra Costa LAFCO Street: 651 Pine St, 8th f1r amt: City and Zip Martinez CA 94553 Telephone: 925/646-4090 ltr #: (Signature of agency officer) Date PT-400-TA (10-95) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA' Adopted this Order on December 8, 1998 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMTTLA and ROGERS NOES: N ABSENT: NONE ABSTAIN: WNE SUBJECT: County Fire Districts ) Boundary Reorganization ) RESOLUTION NO. 98/624 ) (LAFC Res. 98-46) ) (Gov. Code §§ 57075(a)(3), 57081(x),57082) Acting as conducting authority under the Cortese-Knox Act (Gov. C. Secs. 56000 et seq.), the Board of Supervisors of Contra Costa County RESOLVES that: 1. This Resolution is adopted pursuant to the Cortese-Knox Act, Government Code Sections 56000 et seq. 2. The reorganization ("boundary change") ordered by this Resolution consists of formation of the Oakley Fire Protection District (OFPD)'and establishment of the sphere of influence boundary for said District, detatchment of the territory currently known as the Oakley Reserve Division from the Contra Costa County Fire Protection District (CCCFPD) and concurrent annexation of said territory to OFPD, detachment of a portion of the Hotchkiss Tract area from CCCFPD and concurrent annexation of said territory to the Bethel Island Fire Protection District (BIFPD). 3. The exterior boundaries of the above-noted boundary change are as specified in Exhibit A hereto. 4. The affected territory for this boundary change has been determined to be legally inhabited. 5. This boundary change is subject to the following conditions, as imposed by the Local Agency Formation Commission: a) The proposed reorganization shall become effective January 1, 1999 1 b) In accordance with Article XIIIB of the California constitution, the appropriations limit for the Oakley Fire Protection District;'shall be established at $1,267,300 and adjusted annually for changes in the cost of living. c) The name of the proposed new fire protection district will be the Oakley Fire Protection District. d) Fire protection services in the proposed new Oakley Fire Protection District will 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. e) All equipment and other personal property, all real property, and all records, funding, rights, liabilities and assets, whether tangible or intangible, of the former Oakley Fire Protection District shall be transferred to and become the property, rights and obligations of the proposed new Oakley Fire Protection District. The Board of Supervisors, as the Governing Board of the Districts, shall take whatever measures are necessary to effect these actions. f) The chief officers of the Oakley Reserve Division of the Contra Costa County Fire Protection District shall be placed in non-merit system positions in the Oakley Fire Protection District as follows: Reserve Division Position Title Oakley Fire Protection District Title Volunteer Chief/Reserve Coordinator Chief' Volunteer Asst. Chief/Training Coordinator Asst. Chief Volunteer Asst. Chief/Training Coordinator Asst. Chief All other employees of the Oakley Reserve Division will be placed in non- merit system positions in the Oakley Fire Protection District comparable to their present positions. g) All employees of the Oakley Reserve Division of the Contra Costa County Fire Protection District, as employees of the Oakley Fire Protection District, shall be paid at the level and on the basis they are paid at the time of this Reorganization. h) All employees of the Oakley Reserve Division of the Contra Costa County Fire Protection District, as employees of the Oakley Fire Protection Resolution No. 98/624 2 District will be eligible only for benefits being received at the time of this Reorganization unless otherwise authorized by the Board of Supervisors. i) This application recognizes that no employees of the Bethel Island Fire Protection District are affected by the reorganization. j) With this change of organization to delete territory from the Contra Costa County Fire Protection District, it (the Contra Costa County Fire Protection District) as it now exists shall remain in existence for the purposes and continued application of the Fire Protection District Laws of 1981 and 1987. 6. The affected territory will be taxed for any bonded indebtedness established for the new District, including the territory annexed thereto. Any bonded indebtedness existing for the territory annexed to the new District shall continue to be the obligation of the annexed territory. The regular county assessment roll will be used for the collection of taxes and assessments in the new District, including the territory annexed thereto. 7. This proposal will separate the dissimilar fire district operations, i.e., the fully staffed, fully paid Contra Costa County Fire Protection District and the paid on-call Oakley Reserve Division. The existence of a "volunteer„ operation within a fully paid fire district has caused dissension among District staff, fire fighters union employees and the Oakley reserve staff. Because of the District's operating financial shortfall and the need for new fire stations in its pre-consolidation territory, staffing the Oakley station with full time firefighters has not been feasible. The efforts to displace the paid-on-call employees of the Oakley Reserve Division has caused a significant amount of morale problems among the ranks of the paid-on-call firefighters. The re-establishment of the Oakley Fire District will return a feeling of local control and fire service identify to the communities of Oakley and Knightsen which could help ensue passage of any revenue measures that may become necessary in the future to meet the fire service needs of the Oakley District. 8. This boundary change is categorically exempt (Class 20) under the California Environmental Quality Act ("CEQA"). 9. This Board hereby finds that insufficient protests were filed to require termination of proceedings or election and, therefore, hereby ORDERS the County Fire Districts Boundary Reorganization, effective January 1, 1999, subject to the terms and conditions specified herein. 3 Resolution No. 98/624 10. The Clerk of this Board shall transmit a certified copy of this Resolution, along with a remittance to cover any applicable fees as proved by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency Formation Commission, with a request that the Executive Officer complete the boundary change by filing a Certificate of Completion and Statement of Boundary Change. ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy cc: Annamaria Perrella, LAFCO Executive Officer Phil Batchelor, County Administrator Attn: Terry McGraw Chief, Oakley Fire Protection District Chief, Bethel Island Fire Protection district Chief, Contra Costa County Fire Protection District Victor J. Westman, County Counsel Anne Cervelli, Clerk of the Board c:wordlfi1esMbc3.doc(1218198) 4 Resolution No. 98/624 r ! ,� ;r,+�""�`e'�[.,1•: t '✓ f}t �ti .,t jjj Jj t •.j t •r e J r w ,.,., -, ..yµ�. 4 ••y� f r: 1 }�ti,y i a• ���: 1. � ,f# e ' � :� ,+ �'Rt'•� i t f �J t J j � 4,1„ � '�t ' 'a~•r•p � j 1 '`"'! , ''t 4«} q. .{ t ".' :. �i?.C4t �. r t '► J t � , , �•> 'y i sal. -.-•...,,. J J r ,` t •, t •�' ! t r� # f r, >r i 1 •J�" j �[ f r�i}} +. -•-...� >w y t.,»..... "M � ! `I y� t! i "�~"'4... ��""1+d Avr t.. i �w Ai� � 'r9;'�+{. fJ �r��♦ 1 "i�°"�`•"^.•�daati't•s'�4i 4 t•::t 3'. . _ _ '"`6,..• t r�. 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In f p��; S r i ' � r �'• ' �'�' t , •/ ''.•'/.� , aft )� �i• � r �. # ».w. / JJY' ATTACHMENT A-1 Local Agency Formation Commission Contra Costa County, California Approved Description By: Tim Aiello RE-CREATING OAKLEY FIRE PROTECTION DISTRICT AND CONCURRENT DETACHMENT FROM CON'T'RA COSTA FIRE PROTECTION DISTRICT All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. All of Contra Costa Fire Protection District (CCFPD) lying northerly of the northern boundary line of East Diablo Fire Protection District(EDFPD) and northeasterly of the southwesterly right-of-way line of the Union Pacific Railroad as it runs through Sections 27, 34, and 35 in Township 2 North, Range 2 East, Mount Diablo Ease and.Meridian, and lying easterly of the following described line: Beginning on the southwesterly right-of-way line of the Union Pacific Railroad at its intersection with the west line of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian; thence from said point of beginning northerly along the west line of Sections 27, 22, and 15, Township 2 North,Range 3 East, Mount Diablo Base and Meridian, to its terminus at the northerly boundary line of Contra Costa County. EXCEPTING therefrom a portion of Section 15 and a portion of the north half of Section 22, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described;as follows: With the corner common to Sections 14, 15, 22, and 23 as a point of reference; thence North 89"58'13"Nest 552.41 feet to the point of beginning;thence North 89°58'13" West 75 feet; thence North 00"01'47"East 504 feet;thence North 89°46'30"East 397.41 feet; thence North O0'01 47" East to a point in the San Joaquin River on the northerly boundary line of Contra Costa County; thence southwesterly along said County boundary to its intersection with the west line of said Section 15; thence southerly along said west line and the west line of said Section 22 to its intersection with the north line of a 100- foot right-cif-way of the Atchison Topeka and Santa Fe Railway Company; thence along the north line of the said 200-foot right-of-way South 79°44'20" East 1,915,21 feet; thence continuing along the north line of the said 100-foot right-of-way along a curve to the right having a radius of 5,779.65 feet, an arc distance of 1,257.56 feet;thence continuing along the north line of the said 100-foot right-of=-way South 67"1620"East 1,785.08 feet to the point of intersection of the north line of the said', I00-foot right-of-way and the north right-of-way line of Victory Highway (60 feet); thence along the north right-of-way line of said Victory Highway(60 feet)South 89"38'35"East 279.74 feet to the east line of Section 22; thence Wong the east line of Section 22 North 00"01'47" East 2,084.89 feet; thence South 89"46'34" West 660 feet; thence Forth 00°51'12" East 541.09 feet to the point of beginning. ATTACHMENT A-2 Local Agency Formation Commission Contra Costa County, California Approved Description By: Tim Aiello ANNEXATION TO THE BETHEL. ISLAND FIRE PROTECTION DISTRICT AND CONCURRENT DETACHMENT FROM THE CONTRA COSTA FIRE PROTECTION DISTRICT All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. All that area within the boundary of the Contra Costa Fire Protection District in Sections 21 and 22 of Township 2 North,Range 3 East, Mount Diablo Base and Meridian, lying northerly of the south lines of said Sections and easterly of the west line of Section 21, said west line being on the centerline of Jersey Island Road. RESOLUTION NO.--98-46 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF CONTRA COSTA MAKING DETERMINATIONS AND APPROVING THE COUNTY FIRE DISTRICTS BOUNDARY REORGANIZATION RESOLVED, by the Local Agency Formation Commission of the County of Contra Costa, State of California, that WHEREAS, on August 11, 1998, the Contra Costa County Board of Supervisors filed a resolution of application with the Executive Officer of this Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code, requesting the following changes of organization: formation of the Oakley Fire Protection District (OFPD) and establishment of the sphere of influence(SOI)boundary for said District; detachment of the territory currently known as the Oakley Reserve Division from the Contra Costa County Fire Protection District (CCCFPD) and concurrent annexation of said territory to OFPD; detachment of a portion of the Hotchkiss Tract area from CCCFPD and concurrent annexation of said territory to the Bethel Island Fire Protection District (BIFPD); and WHEREAS, it has been determined that no sphere of influence amendments are required for CCCFPD or BIFPD; and WHEREAS, the Executive Officer reviewed the proposal and prepared a report, including her recommendation thereon, the proposal and report having been presented to and considered by this Commission; and WHEREAS, this Commission called for and held a public hearing on the proposed reorganization on October 14, 1998. At the hearing, the Commission heard and received all oral and written protests, objections and evidence which were made, presented or filed, and all persons present were given an opportunity to hear and be heard with respect to this proposal and the report of the Executive Officer; and WHEREAS, this Commission made a finding that the proposed reorganization,is Categorically Exempt (Class 20) from the provisions of the California Environmental Quality Act. NOW, THEREFORE, the Local Agency Formation Commission of the County of Contra Costa DOES HEREBY RESOLVE, DETERMINE, ORDER AND FIND as follows: 1. The proposal is approved, consisting of the changes of organization listed above. 2. The SOI boundary for the OFPD is established 3. The boundaries of the proposal are approved as submitted and are as described in Exhibits A attached hereto and by this reference incorporated herein. Resolution No. 98-46 2 4. The territory detached from CCCFPD and annexed to OFPD includes+i- N A acres; territory detached from CCCFPD (Hotchkiss Tract Area) and annexed to BIF'D includes +/- 680 acres. The affected area is found to be inhabited and is assigned the following short-term designation : "County Fire Protection Districts Boundary Reorganization (LAFC 98-46)". 5. The proposed reorganization is subject to the terms and conditions set forth in attached Board of Supervisors Resolution Nos. 98/475 and 98/523 including a) that the proposed reorganization shall become effective January 1, 1999 and b) in accordance with Article XIII-B of the California Constitution, the appropriations limit for the Oakley Fire Protection District shall be established at $1.267,300 and adjusted annually for changes in the cost of living. 6. The Contra Costa County Board of Supervisors is designated as the Conducting Authority and is authorized to order the reorganization without an election, except as provided in subdivision (b) of Government Code Section 57081. 7. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. PASSED AND ADOPTED this 14th day of October 1998, by the following vote: AYES: Commissioners Canciamilla, Greenberg, Jameson, Meadows, Tatzin Uilkema and McNair NOES: Commissioners None I hereby certify that this is a correct copy of a resolution passed and adopted by this Commission on the date aforesaid. Date: la Annamaria Perrella, Executive Officer t✓.101 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA ADOPTED this order on c i n —h p r 15 1 a a 8 by the following vote: AYES: SUPERVISORS UILKEMA, CERSER, DeSAULNIER, CANCIAMILLA and ROCERS NOES: NONE ABSENT: NON E ABSTAIN: NONE RESOLUTION NO.9814 7 5 SUBJECT: Amended Application to the Contra Costa County Local } Agency Formation Commission to Detach the Territory ) of the Former Oakley Fire Protection District(currently the } Oakley Reserve Division of the Contra Costa County ) Fire Protection District)from the Contra Costa County ) Fire Protection District,Form the Dependent Oakley Fire } Protection District consisting of the Territory of the Former } Oakley Fire Protection District,Detach the portion of the } Hotchkiss Tract area that was formerly(prior to the 1994 ) consolidation)part of the Bethel Island Fire Protection } District from the Contra Costa County Fire Protection ) District,Annex the detached portion of the Hotchkiss Tract ) area to the Bethel Island Fire Protection District,Amend the) Spheres of influence of the Contra Costa County Fire ) Protection D€strict and the Bethel Island Fire Protection } District and Establish the Sphere of Influence of the Oakley ) Fire Protection District } (�;-Stv. Gobi;6S 566,52, 55421 } On August 11, 1998 the Board of Supervisors of the County of Contra Costa,acting as the governing board of the Bethel Island and Contra Costa County Fire Protection Districts, adopted Resolution No. 98/418 regarding the subject proposed boundary reorganization. The purpose of this resolution is to specify the terms and conditions of the proposed charge of organization. 1. The terms and conditions proposed for the change of organization are as follows: a. The name of the proposed new fire protection district will be the Oakley Fire Protection District. b. Fire protection services in the proposed new Oakley Fire Protection District will 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. C. All equipment and other personal property,all real property.and ail records,funding, rights.liabilities and assets,whether tangible or intangible,of the former Oakley Fire Protection District shall be transferred to and become the property, rights and obligations of the proposed new Oakley Fire Protection District, The Board of Supervisors, as the Governing Board of the Districts, shall take whatever measures _. am rse�ry to effect these actions. d. The chief officers of the Oakley Reserve Division of the Contra Costa County hire Protection District shall be placed in non-merit system positions in the Oakley Fire Protection District as follows: Reserve Division Position Title Oakley Fire Protectign District Title Volunteer Chief/Reserve Coordinator Chief Volunteer Asst. Chief/Training Coordinator Asst. Chief Volunteer Asst. Chief/Training Coordinator Asst. Chief All other employees of the Oakley Reserve Division will be placed in non-merit system positions in the Oakley Fire Protection District comparable to their present positions. e. Aft employees of the Oakley Reserve Division of the Contra Costa County Fire Protection District,as employees of the Oakley Fire Protection District, shall be paid at the level and on the basis they are paid at the time of this Reorganization. f. All employees of the Oakley Reserve Division of the Contra Costa County Fire Protection District, as employees of the Oakley 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. g. This application recognizes that no employees of the Bethel island Fire Protection District are affected by the reorganization. h. With this change of organization to delete territory from the Contra Costa County Fire Protection District,it(the Contra Costa County Fire Protection District)as it now exists shall remain in existence for the purposes and continued application of the Fire Protection District taws of 1961 and 1987. 2. The reason for this proposal is to separate the dissimilar fire district operations, i.e., the fully staffed, fully paid Contra Costa County Fire Protection District and the paid on-call Oakley Reserve Division. The existence of a "voiunteer" operation within a fully paid fire district has caused dissension among District staff,ire fighters union employees and they Oakley reserve staff. Because of the District's operating financial shortfall and the need for new fire stations in its pre-consolidation territory, staffing the Oakley station with full time firefighters has not been feasible. The efforts to displace the paid-on-c211 employees of the Oakley Reserve Division has caused a significant amount of morale problems among the ranks of the paid-on-call firefighters. The re-establishment of the Oakley Fire District will return a feeling of local control and fire service identify to the communities of Oakley and Knightsen which could help ensue passage of any revenue measures that may become necessary in the future to meet the fire service needs of the Oakley District. 3. The proposal is not consistent with present spheres of influence of the Contra Costa County Fire Protection District or the Bethel Island Fire Protection District but would be consistent with the amended spheres of influence proposed herein for the Contra Costa County and the Bethel island Fire Protection Districts. 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: September 1,5. 1998 Phil Batchelor.Clerk of the Board of Superylsors and County Administrator Deputy cc: County Administrator Auditor-Controller County Counsel LAFCO RESOLUTION NO.98t 4 7 5 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA ADOPTED this order on October-1 2998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.981523 SUBJECT: Amended Application to the Contra Costa County Local ) Agency Formation Commission to Detach the Territory ) of the Former Oakley Fire Protection District(currently the } Oakley Reserve Division of the Contra Costa County ) Fire Protection District)from the Contra Costa County } Fire Protection District, Form the Dependent Oakley Fire ) Protection District consisting of the Territory of the Former } Oakley Fire Protection District, Detach the portion of the } Hotchkiss Tract area that was formerly(prior to the 1994 ) consolidation)part of the Bethel Island Fire Protection } District from the Contra Costa County Fire Protection } District,Annex the detached portion of the Hotchkiss Tract } area to the Bethel Island Fire Protection District,Amend the) Spheres of Influence of the Contra Costa County Fire } Protection District and the Bethel Island Fire Protection ) District and Establish the Sphere of Influence of the Oakley } Fire Protection District } (Gov. Code &&56652. 56428) } On August 11, 1998 the Board of Supervisors of the County of Contra Costa,acting as the,governing board of the Bethel Island and Contra Costa County Fire Protection Districts, adopted Resolution No.981418 regarding the subject proposed boundary reorganization. Resolution No. 981418 was amended by Resolution No. 981475 on September 15, 1998. The purpose of this resolution is to specify the effective date of the reorganization and to establish an appropriations limit (Proposition 4)for the formation of the Oakley Fire Protection District. 1. The effective date of the reorganization will be January 1, 1999. 2. In accordance with Article XIII-B of the California State Constitution and Section 56842.5 of the Government Code, the appropriations limit for the Oakley Fire Protection District shall be established at$1,267,300 and adjusted annually for changes in the cost of living. 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: October 13, 1998 Phil Batchelor, Clerk of the Board of upervisors and mnty Administrator By Deputy cc: County Administrator Auditor-Controller County Counsel LAFCO RES©t_U'TION sRl 523