HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-624 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, CANCIAMM A and FaMPS
NOES: NONE
ABSENT: NONE
ABSTAIN: WNE
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
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
�•S
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. _ "
By
-Ar
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:wordlfi1es\BSbc3.doc(12/8/98)
4
Resolution No. 98/624
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ATTACHMENT X1
Local Agency Formation Commission
Contra Costa County, California
Approved Description
By: Tim Aiello
RE-CREATING OAKL.EY FIRS 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 35 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
8958'13"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 8946'30"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 tight-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
6701670"East 1,785.08 feet to the point 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 275.74 feet to tire 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"5I'12" East 541.09 feet to the point of beginning.
ATTACHMENT A-2
Focal 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 Centra 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.