HomeMy WebLinkAboutMINUTES - 03261991 - 2.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 26 , 1991 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Byron Fire Protection District Issues
The Board received the attached report dated March 15,
1991 from the County Administrator' s Office recommending the
annexation of the territory of the Byron Fire Protection District
to the East Diablo Fire Protection District. The report further
recommended denial of a request for direct election of Byron Fire
District .Commissioners.
Phil Batchelor, County Administrator, advised that both
the Byron Fire Commission and the East Diablo Fire Commission have
reviewed the matter and are in concurrence with the proposed
reorganization. He stated that there is no provision for direct
election of Fire Commissioners but if the Board were interested in
pursuing the matter his office would conduct a study and report
back at a later date.
Supervisor Tom Torlakson enquired as to what provisions
there are in the fire district law that address the issue of direct
election of commissioners.
Victor J. Westman, County Counsel, advised that there is
no provision in fire district law to change the governing .body of a
fire district in conjunction with the reorganization proceeding.
He noted that the Board of Supervisors does have the discretion to
call an election whereby the voters of the district would have the
opportunity to determine whether the district should be autonomous
and have an elected Board of Commissioners. Mr. Westman stated
that because of Special District Augmentation Fund issues and the
potential financial consequences to the district, he would
recommend that a comprehensive study by conducted prior to any
further action on this issue.
Peter Racz, 5615 Sunfish Court, Byron 94514,
representing the Discovery Bay Property Owners Association and the
Committee for Direct Election of Byron Fire District Commissioners,
urged the Board to call an election and give the residents of the
district the opportunity to vote on the issue.
Wallace Partridge, President of the Byron Firemen' s
Association, expressed concern relative to an increase in
administration resulting from the proposed reorganization. He
referred to a previous proposal to appoint an Acting Chief upon the
retirement of Chief Papadakos, and requested that action on the
currently proposed reorganization be deferred pending a study of
the alternatives upon the retirement of Chief Papadakos.
Mr. Batchelor referred to a consolidation program
adopted by the Board in recent years aimed at avoiding duplication,
eliminating administration costs and increasing productivity. He
noted that going forward at this time with the proposed
reorganization would allow the consolidation process to move ahead
more smoothly with input from Chief Papadakos.
1
Supervisor Torlakson referred to the rapid growth in the
Byron and Discovery Bay area and the many challenges facing the
fire service in the area. He recommended that the reorganization
proposal move ahead at this time as requested by the Byron Fire
Commission and endorsed by the East Diablo Fire Commission. Mr.
Torlakson stated that there did not appear to be evidence at this
time of a strong desire by the community for an autonomous
district, and therefore he agreed with staff ' s recommendation to
deny the request of the Committee for Direct Election of Byron Fire
District Commissioners at this time. He recommended that any
further expression of interest by members of the community be
referred to the Internal Operations Committee for review.
Board members being in agreement, IT IS ORDERED that the
following actions are APPROVED:
1) APPROVED proposed annexation of the Byron Fire
Protection District to the East Diablo Fire Protection
District;
2) REFERRED the proposed reorganization to the County
Administrator and County Counsel for preparation of
application to LAFCO;
3 ) DENIED the request of the Committee for Direct Election
of Byron Fire District Commissioners; and
4) REQUESTED the Internal Operations Committee to review
any further requests from the community relative to the
direct election of fire commissioners.
cc: Byron FPD
East Diablo FPD
Committee for Direct Election '
County Counsel
LAFCO
County Administrator. I hereby certify that this is a true and correct copy of
an action taken end entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: �y 'd''� a?(. /4 9/
PHIL BATCHELOR,Clerk of the Board
of Supervisors andCountyAdministrator
By - ( � .Deputy
2
-` -TO: BOARD OF SUPERVISORS
FROM: PHIL BATCHELOR :�•; Contra
County Administrator
Costa
La
o s
DATE: March 15, 1991 County
�o Jy `�J
rT^ c ung,
SUBJECT: PROPOSED ANNEXATION OF BYRON FIRE PROTECTION DISTRICT TO EAST DIABLO FIRE
PROTECTION DISTRICT AND REQUEST OF COMMITTEE FOR -DIRECT ELECTION OF BYRON
FIRE DISTRICT COMMISSIONERS
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATIONS:
1. approve the proposed reorganization consisting of the annexation of the territory
of the Byron Fire Protection District to the East Diablo Fire Protection District
and the concurrent dissolution of the Byron Fire Protection District.-
2. Refer the proposed reorganization to the County Administrator and County Counsel
for the preparation of an implementation plan to, include a resolution of
application to the Local Agency Formation Commission to accomplish the
reorganization.
3. Deny the request of the Committee for Direct Election of Byron Fire District
Commissioners.
REASONS FOR RECOMMENDATION/BACKGROUND:
In view of the planned retirement of Byron Fire Chief Nick Papadakos, effective
December 31, 1991, the Byron Board of Fire Commissioners requested the County
Administrator's Office to provide information regarding possible consolidation of the
Byron Fire District. The County Administrator's Office provided the District with
information. including pros and cons regarding reorganization and recommended that the
Byron Fire District's territory be annexed to the East Diablo Fire District.
The Byron Fire Commission has requested that the Byron District's territory be annexed
to the East Diablo District. The proposal to annex Byron Fire to East Diablo Fire has
been endorsed by the Board of Fire Commissioners of the East Diablo Fire Protection
District. Copies of letters from the two commissions are attached.
The retirement of Byron Fire Chief Nick Papadakos provides an opportunity to annex the
District to another District. The logical candidate for annexation is the East Diablo
Fire District. East Diablo is the best choice because it is staffed with full time
chief officers and is in the process of evolving from a traditional volunteer district
to one operated with a combination of full time and volunteer staff in response to the
growth in East County. East Diablo is also a good choice because of its geographic
relationship to Byron Fire and its ties to Byron Fire in the form of advice and
assistance provided to Byron Fire by the East Diablo Chief in recent years.
CONTINUED ON ATTACHMENT: X YES Signature: �„Pivct.
X Recommendation of County Administrator
Recommendation of Board Committee
X Approve Other
Signature(s):
Act of Board on: Approved as Recommended Other
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: Noes: OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested:
cc: See following page Phi atchelor, Clerk of
the Boar f Supervisors
and County A istrator
By: DE
,. Byron Fire District
March 15, 1991
Page 2
Reorganizing the District rather than replacing Chief Papadakos is recommended for
economic and operational reasons. After Chief Papadakos retires, the elimination of
the Chief position will save approximately $21,000 per year in salary and benefits.
Although there would be cost- savings in not filling the Chief position, there would be
an even larger savings in the form of cost avoidance. If Byron Fire were not
consolidated, the Commission would likely want to hire a full time experienced fire
chief. The salary and benefit costs of a person that would meet the needs of the
District would probably be $87,000 per year.
The consolidation of the two districts would result in improved utilization of
district personnel, equipment, training programs, facilities and other resources of
the two districts. Also, the consolidation should engender a recognition among the
fire personnel that they are part of a multi-community organization rather than a
one-station operation.
Although there are many advantages to consolidation, it should be noted that there can
be a negative aspect to consolidation. To a certain extent, there is a loss of
identity that results from any consolidation. This occurs because of a change in the
name or names of the districts that are affected by the organizational change. There
is also a dilution of the influence of the communities and/or cities of the affected
territory because there is usually a reduction in the number of commissioners that
existed in'-the territory prior to the consolidation.
Determining area representation and .numbers of commissioners can be difficult. The
number of commissioners on the consolidated district would depend on the desires of
the Board of Supervisors and the two commissions. Although most fire commissions have
five commissioners, the Riverview Fire District has seven. The task of determining
the makeup of a commission upon consolidation is sometimes easier if there are
vacancies on either commission or if some commissioners are willing to resign.
Currently, there is one vacancy on the East Diablo Commission and two commission seats
up for reappointment on the Byron Fire Commission.
On March 12, 1991, your Board received the attached letter from an east county
citizens group entitled the Committee for Direct Election of Byron Fire District
Commissioners. The letter requests the Board to hold an election to determine if the
residents of the Byron Fire District want to change from an appointed to. an. elected
board of directors.
We have recommended denying the request of the . Committee for the Direct Election of
Byron Fire Commissioners because it would result in Byron Fire becoming an independent
district. Your Board has denied similar requests from other fire districts on the
basis .that such action would be contrary to the best interests of the citizens of
Contra Costa County. The fire districts do not exist and operate in a vacuum. All
fire districts, large or small, fully-paid or volunteer, must rely on support from
adjoining fire agencies in the form of assistance in dealing with major incidents and
station backup on routine incidents. Your. Board has taken the position that the
cooperation necessary for mutual assistance is best maintained by the districts
remaining under the control of the Board of Supervisors.
In addition to the policy issue discussed above regarding independent fire districts,
it should be noted that a procedure for the election of fire commissioners as provided
in Health and Safety Code Section 13848(b) discussed in the letter from the Committee
for Direct Election of Byron Fire District Commissioners does not apply to the Byron
Fire District. The Health and Safety Code cited in the letter is part of the Fire
Protection District Law of 1987. Section 13803 of the Fire Protection District Law of
1987 states that the number and method of selection of a district's board of directors
(when it is a board of supervisors) shall continue to be governed by Chapter 4 of the
1961 Fire Protection Law as it read just before it was repealed. Chapter 4 of the
1961 Act does not provide a means for the Board of Supervisors to be required to hold
an election on the question of changing from an appointive to an elective board of
directors.
cc: Byron Fire Protection District
Board of Commissioners
Chief Nick Papadakos, Byron Fire
Protection District
East Diablo Fire Protection
District Board of Commissioners
Chief Paul Hein, East Diablo Fire
Protection District
. Committee for Direct Election of Byron
Fire District Commissioners
Attn: Peter Racz, Secretary for the Committee
County Counsel
Local Agency Formation Commission
Attachments
BYRON FIRE PROTECTION DISTRICT
P.O. BOX 40 • BYRON, CALIFORNIA 94514
Contra Costa County
RECEIVED
FEB 28 1991
DATE: FEBRUARY 26, 1991 Office of
County Administrator
TO: BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
FROM: BOARD OF COMMISSIONERS
BYRON FIRE PROTECTION DISTRICT
-------------------------------------------------------------
The Board of Commissioners hereby recommends to the
Board of Supervisors . the governing body of the Byron Fire
Protection District , the following:
1 . Consolidation of Byron and East Diablo Fire
Protection Districts be initiated in accordance with the
County Administrator Office recommendations to Commission
Chairman R. L . Gilmore with the proviso that;
A. The consolidation action include active involvement
of Administrative Staff and Commissions of both the Byron and
East Diablo Fire Protection Districts .
This recommendation is a result of a special meeting of
the Commission with motions made and unanimously carried .
Rick L . Gilmore . Commission Chairman
BYRON FIRE PROTECTION DISTRICT
C . C .
attached distribution list
page 2
distribution list
Tom Torlakson
Personnel Department
County Counsel
County Administration
East Diablo Fire District
Nick Papadakos, Chief Byron Fire District
Discovery Bay Property Owners Association
Discovery Bay Chamber of Commerce
Byron Advisory Council
Byron Bethany Irrigation District
Byron School District
Byron Sanitary District
Reclamation District #800
Sanitation District No . 191 M-8 Advisory
Brentwood News
Delta Diablo Sanitation District
Byron Firemens Association
Discovery Bay Firemens Association.
EAST DIABLO Fire Protection District
745 First Street
Brentwood, CA 94513
Paul Hein (415) 634-3400
Fire Chief FAX: (415) 634-1423
r DECEIVED
MEMORANDUM TO: Board of Supervisors
Contra Costa County MAR 1 5 1991
FROM: Board of Commissioners
East Diablo Fire Protection District CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
DATE: March 14, 1991
SUBJECT: Consolidation Request
The Board of Commissioners for the East Diablo Fire Protection
District voted to support the consolidation request made by the
Byron Fire District Commission.
This vote was taken at the regular meeting on March 12, 1991.
Roy Gursky, Chairman
East Diablo Fire Commission
�;c: Cf?v
February 11 , 1991
From; Committee for Direct Flection of Byron Fire District
Commissioners
To; Clerk, Board of Supervisors, Contra Costa County
Dear Clerk,
Our committee desires to place the issue of the direct election
of- the Commissioners for the Byron Fire District on the ballot.
Pursuant to Health & Safety Code 13848(b) , the issue can be placed
on the ballot by either a resolution of the Board of Supervisors
or a petition. We request that the Board- oaf : Supervisors consider
adopting an appropriate resolution. .
Our committe desires to move forward on this issue and requests
that this matter be placed on the agenda for the next meeting.
We would be happy to offer one or more of our members 1~6 testify
regarding our concerns. Please provide us as much advance
notice as possible.
In the event we have not heard from you by March 15, 1991, we
will commence with the petition procedure.
Sincerely, d �,lq�
i� J 250/ t✓SY�
tary-for�C}Rt_j Committee
4_41er Aacz
5615 Sunfish Court
Byron, Ca. 94514