HomeMy WebLinkAboutMINUTES - 02122008 - D.3 �
TO: BOARD OF SUPERVISORS .:•=--� ---� Contra
., 1V
FROM: John Cullen, County Administrator o`: - - ;� Costa
DATE: February 12, 2008 County
SUBJECT: ADOPT Resolution 2008/89 consenting to a governance structure change in the East
Contra Costa Fire Protection District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acting in its capacity as the Contra Costa County Board of Supervisors, ADOPT attached Resolution
2008/89 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 comprised 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:
The 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, the Board of Supervisors received a
status report from the County 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. 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 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 comprisefour dir ctors
CONTINUED ON ATTACHMENT: X YES SIGNATURE: Z,- /,-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR MMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON / l/ APPROVED AS RECOMMENDED OT R
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
1� THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
}L UNANIMOUS(ABSENT �j/yL.Q� )
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Rich Seithel(5-1024)
cc: East Contra Costa Fire Protection District ATTESTEDt4z,
aC�
County Administration J N OF THE BOARD OFSUPERVISORS
County Counsel-Tom Geiger
City of Brentwood—City Manager City of Oakley—City Manager BY:
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 fire 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 fire 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
February 12 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 of the fire district, would adopt a resolution that formally changes the governing structure of
the fire district to a nine-member Board of Directors comprised of directors appointed by the cities of
Brentwood and Oakley and the County. The new governing structure would take effect 60 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 fire district is an independent public agency under the
Fire Protection District Law of 1987. A change in the governing structure will neither effect any
conditions of employment of any fire district employee nor any of the fire 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.
RESOLUTION NO. 2008/89
A RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS
consenting to a change in the governing structure of the East Contra Costa Fire Protection
District from an appointed board of directors comprised of the Contra Costa County Board of
Supervisors to a board comprised of directors appointed by the cities of Brentwood and Oakley
and the County of Contra Costa.
Recitals
A. On June 4, 2002,pursuant to Resolution No. 2002/358, the Contra Costa County Board
of Supervisors approved an application to the Local Area Formation Commission of
Contra Costa County("LAFCO") to consolidate the Oakley, Bethel Island, and East
Diablo Fire Protection Districts into a single fire protection district called the"East
Contra Costa Fire Protection District"and to dissolve the Oakley, Bethel Island, and East
Diablo Fire Protection Districts, effective September 12, 2002.
B. On August 14, 2002, pursuant to Resolution No. 02-24, LAFCO approved Contra Costa
County's application to consolidate the Oakley, Bethel Island, and East Diablo Fire
Protection Districts into the East Contra Costa Fire Protection District(the"District").
C. The District is an independent public agency organized, existing, and exercising essential
government functions pursuant to the Fire Protection District Law of 1987 (Health and
Safety Code sections 13800 through 13970).
D. The District consists of unincorporated Contra Costa County territory and the territory of
the cities of Brentwood and Oakley.
E. In a fire protection district that contains unincorporated county territory and the territory
of one or more cities, the Fire Protection District Law of 1987 authorizes two types of
appointed boards of directors.
F. One type of appointed board of directors can be comprised of only a county board of
supervisors. (Health and Saf. Code, § 13837(b).) Pursuant to LAFCO Resolution No.
02-24, the Contra Costa County Board of Supervisors is currently the appointed District
Board of Directors.
G. Alternatively, an appointed board of directors can be comprised of directors appointed by
a county board of supervisors and directors appointed by each city council located within
district boundaries. (Health and Saf. Code, § 13837(a).) Under this structure, each
entity's governing board appoints directors according to each entity's proportionate share
of population. This type of appointed board requires each entity to appoint at least one
RESOLUTION NO. 2008/89
1
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director to the board. The governing board of each entity can appoint its own members as
directors, as long as each appointed director lives within the boundaries of the fire
protection district.
H. A change in the District board governing structure to a board consisting of directors
appointed by the City Councils of Brentwood and Oakley and the Contra Costa County
Board of Supervisors will not occur unless both city councils and the board of supervisors
consent to the change.
I. The County currently provides substantial administrative support to the District. The
County Board of Supervisors affirms that no later than six months following the first
meeting of the new District governing board, all administrative services will be provided
at the sole cost and expense of the District and will no longer be provided by the County.
The County Board of Supervisors further affirms that the District will not be funded by
the general fund of the County.
J. The change in the District's governing structure that the County Board of Supervisors
consents to will not change the legal status of the East Contra Costa Fire Protection
District as an independent public agency organized, existing, and exercising essential
government functions pursuant to the Fire Protection District Law of 1987. This change
in the District's governing structure will have no effect on any conditions of employment
of any District employee and will have no effect on any of the District's assets, rights or
liabilities.
NOW, THEREFORE, the Contra Costa County Board of Supervisors resolves as follows:
1. The Board of Supervisors consents to the following changes in the structure and
composition of the District Board of Directors:
a. The Board of Directors of the East Contra Costa Fire Protection District will be
comprised of nine directors.
b. The members of the Board of Directors of the East Contra Costa Fire Protection
District will henceforth be appointed by the City Council of the City of
Brentwood,the City Council of the City of Oakley, and the Board of Supervisors
of the County of Contra Costa.
C. The Brentwood City Council will appoint four directors. The Oakley City
Council will appoint three directors. The Contra Costa County Board of
Supervisors will appoint two directors.
d. The Brentwood City Council, the Oakley City Council, and the Contra Costa
RESOLUTION NO. 2008/89
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County Board of Supervisors may appoint its own members as directors,provided
the members are otherwise eligible to serve on the District Board of Directors.
e. Each director must be a resident of the District.
f. The term of office of each director will be four years or until his or her successor
qualifies and takes office. Appointed directors will serve at the pleasure of their
respective appointing authority and may be removed with or without cause upon a
majority vote of the members of the appointing authority or if the director is no
longer eligible to serve on the District Board of Directors.
g. Within 60 days of their initial appointment, the new District Board of Directors
will meet and elect its officers at its first meeting. The officers of the District
board will be a president, a vice president and a secretary or clerk. The secretary
or clerk may be a member of the District board, or the District board may employ
a clerk to perform the duties of the secretary. The District board may create
additional officers and elect directors to those positions, provided that no District
director may hold more than one office.
h. Any subsequent vacancy on the District Board of Directors will be filled by the
appointing authority within 90 days of the vacancy.
i. Because the number of directors is based on the number of people residing in each
participating jurisdiction, the 2010 United States Census and each Census
thereafter will be the basis for future population determinations. Within 180 days
of the issuance of Census numbers, the District Board of Directors will consider
the numbers and if necessary reconstitute director composition to account for
proportional population changes.
j. The change in the District's governing structure is to become effective 60 days
after the date of adoption of the resolution implementing the change. After that
date, the Board of Supervisors will no longer be the District Board of Directors.
2. The Board of Supervisors urges the appointed District Board of Directors to consider
adopting a resolution,pursuant to Health and Safety Code section 13848, that would
allow voters to determine whether the Board of Directors should be comprised of
members elected directly by the public.
3. The Board of Supervisors urges the appointed District Board of Directors to ensure, to the
extent practicable,that the level of service in each community located within the District
RESOLUTION NO. 2008/89
3
will continue to be equivalent to the level existing in that community at the time the
District governing structure is changed, and to take steps to improve service levels
throughout the District.
PASSED AND ADOPTED on by the following vote:
AYES: J�L
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN CULLEN
Clerk of theB d of Supervisors Boy d Chair
and Count inistrator
By: [SEAL]
eputy
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RESOLUTION NO. 2008/89
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