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HomeMy WebLinkAboutMINUTES - 06141994 - 2.5 6 o s....t_ Contra .,.�..•. . -•..oma TO: BOARD OF SUPERVISORS ` Costa County FROM: PHIL BATCHELOR cr ° County Administrator DATE: June 14, 1994 SUBJECT: . COUNTY FIRE DISTRICT REORGANIZATION STATUS REPORT Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATIONS: 1 . Acknowledge that valid Voter Confirmation Petition signatures equal to 25% have been received to require an election in the area of the Orinda Fire Protection District. 0 2 . Adopt a Further Resolution Completing Proceedings For the County Fire Districts Boundary Reorganization (LAFC 94-20) ; Resolution Calling and Notice of Election In the Orinda Fire Protection District On the Question of the Dissolution of the Orinda Fire Protection District and Annexation of the Territory Thereof to the Contra Costa County Fire Protection District on Tuesday, November 8, 1994 . 3 . Amend May 3, 1994 action of the Board of Supervisors on the reorganization of certain fire commissions to delete the Orinda Fire Protection District Advisory Commission from operation of the May 3, 1994 Board Order. REASONS FOR RECOMMENDATION/BACKGROUND: Voter Confirmation Petition On May 10, 1994 the Board of Supervisors took action to complete the reorganization of certain County fire districts . The approved reorganization Continued on Attachment: X YES Signature:- Recommendation ignature:Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) : Action of Board on: Qk"_' jq1 12 9 Approved as Recommended— -other Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN --�- Unanimous (Absent 2 ) AND ENTERED ON THE MINUTES OF THE Ayes : Noes : ) BOARD OF SUPERVISORS DATE SHOWN. ( Contact: T. McGraw (646-4855) Attested: �"" � 1 cc : County Administrator Philatchelor, Clerk of Auditor-Controller the Joard of Supervisors County Counsel and County 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 County Fire District Reorganization Status Report Page 2 June 14, 1994 consists of annexing the Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts and a portion of the Bethel Island Fire Protection District to the Contra Costa County Fire Protection District. The reorganization also involved the concurrent dissolution or detachment of affected districts or territory. The adopted reorganization was subject to potential voter confirmation if, within 30 days of the approval by the Board of the reorganization, petition signatures equal to 25 percent of the registered voters of any of the reorganized districts were received. A Voter Confirmation Petition effort sponsored and financed on the basis of 3-2 vote of the Orinda City Council has resulted in a sufficient number of signatures to require an election in the Orinda Fire Protection District. As of the petition cut-off date of June 9, 1994, the Clerk of the Board received 4 ,458 petition signatures . The number of valid signatures required to force an election is 2, 834 ( 11,335 registered voters x 25%) . The County Elections Department verified 2,986 as valid signatures of registered voters of the Orinda Fire District. No petition signatures were submitted from any of the other affected district involved in the reorganization. Resolutions Completing Proceedings and Calling Election As a result of the requirement to hold an election in the Orinda Fire Protection District on the issue of the dissolution of the Orinda Fire Protection District, it is necessary to adopt a Further Resolution Completing Proceedings for the County Fire Districts Boundary Reorganization (LAFC 94- 20) ; Resolution Calling and Notice of Election In the Orinda Fire Protection District On the Question of the Dissolution of the Orinda Fire Protection District and Annexation of the Territory Thereof to the Contra Costa County Fire Protection District to delete the Orinda Fire Protection District from the reorganization. This Further Resolution, when transmitted to the Local Agency Formation Commission (LAFCO) , will enable the LAFCO Executive Officer to file necessary documents with the State to complete the reorganization without waiting for the results of the Orinda election. As to the Orinda Fire Protection District, the annexation/dissolution of that District shall be subject to confirmation by a majority of the registered voters of the District voting in a special election to be held on November 8, 1994 . Fire Commission Reorganization On May 3, 1994, the Board of Supervisors abolished the advisory fire commissions of Contra Costa County, Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts . The Board also created a new seven- member advisory fire commission including guaranteed representation for an industry member for the reorganized Contra Costa County Fire Protection District. Both of these actions will be effective upon the completion of the fire district reorganization. The Orinda advisory fire commission remains unaffected pending the outcome of the confirmation election. 2. 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 14, 1994, by the following vote : AYES: Supervisors Smith, DeSaulnier and Bishop NOES: None ABSENT: Supervisors Powers and Torlakson ABSTAIN: None SUBJECT: Further Resolution ) Res . 94/ 320 Completing Proceedings For the ) County Fire Districts Boundary ) (Gov. C. Secs . 57081 (b) (1) (B) , Reorganization (LAFC 94-20) ; ) 57100, 57103 (a) , 57125, 57130-2, Resolution Calling and Notice of ) 57133 (f) , 57134, 57137, 57140 (a) , Election In the Orinda Fire ) 57142 (a) , 57144-9, 57150 (e) , Protection District On the Question ) 57200-4, 57550) of the Dissolution of the Orinda ) Fire Protection District and ) Annexation of the Territory Thereof ) to the Contra Costa County Fire ) Protection District ) Pursuant to the Cortese-Knox Act, Government Code sections 56000 et seq. , the Board of Supervisors of the County of Contra Costa resolves as follows : 1 . On or about January 25, 1994, the Board of Supervisors of Contra Costa County, acting as the governing board of all fire districts involved in this reorganization, adopted and filed a Resolution of Application with the Local Agency Formation Commission (LAFCO) for approval of the subject boundary reorganization, consisting of: a) Annexation to the Contra Costa County Fire Protection District of all territory presently within the Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts and a portion of the territory of the Bethel Island Fire Protection District; b) dissolution of the Oakley, Orinda, Pinole, Riverview, and West County Fire Protection Districts; and c) detachment of a portion of the territory of the Bethel Island Fire Protection District . 2 . The reason for this proposal is to allow the provision of better and more economic fire protection services to the area of all affected Fire Protection Districts . 3 . On April 13, 1994, after noticed public hearing, LAFCO approved the subject Reorganization, designating the matter as the County Fire Districts Boundary Reorganization (LAFC 94-20) . 4 . On May 10, 1994, this Board held a noticed public hearing on the subject Reorganization, receiving any protests that any person desired to file, hearing all testimony that any person desired to present, and receiving any letters or other documents that any person desired to submit . This Board then closed said public hearing and found that no legal protests had been filed against the Reorganization. 5. On May 10, 1994, this Board adopted Resolution 94/275, completing proceedings and ordering the County Fire Districts Boundary Reorganization subject to the filing within 30 days thereof of any petition sufficient to cause an election in any of the reorganized Districts . Said Resolution 94/275, -attached as Exhibit A hereto, is incorporated as if set forth in full herein. 1 RESOLUTION NO. 94/320 6. This Board hereby determines that a petition sufficient to cause an election has been received within 30 days from May 10, 1994, for the Orinda Fire Protection District . 7 . Accordingly, this Board hereby affirms Resolution 94/275 to complete the Reorganization without election, except for the dissolution of the Orinda Fire Protection District and annexation of the territory thereof to the Contra Costa County Fire Protection District . The Clerk of this Board shall forthwith transmit a certified copy of this Resolution, along with a remittance to cover any applicable fees as provided by the Government Code, to the Executive Officer of the Local Agency Formation Commission so that the Executive Officer can file a Certificate of Completion and Statement of Boundary Change to complete and make effective said Reorganization exclusive of the dissolution of the Orinda Fire Protection District and annexation of the territory thereof to the Contra Costa County Fire Protection District . As to the Orinda Fire Protection District, this Board hereby orders that the dissolution of said District and annexation of the territory of said District to the Contra Costa County Fire Protection District, as part of said Reorganization under the terms and conditions of Resolution 94/275 (attached hereto) , shall be subject to confirmation by a simple majority of the resident voters of the Orinda Fire Protection District voting in a special election to be held in conjunction with the General Election scheduled for Tuesday, November 8, 1994 . The territory of the Orinda Fire Protection District is as shown on Exhibit B hereto. 8 . A special election is hereby called for the voters residing in the territory of the Orinda Fire Protection District for Tuesday, November 8, 1994, on the following question: "'Shall Resolution 94/275, adopted on May 10, 1994 by the Board of Supervisors of Contra Costa County, ordering a reorganization affecting the Contra Costa County Fire Protection District, Oakley Fire Protection District, Pinole Fire Protection District, Riverview Fire Protection District, Bethel Island Fire Protection and Orinda Fire Protection, be confirmed as to the dissolution of the Orinda Fire Protection District and annexation of the territory of the Orinda Fire Protection District to the Contra Costa County Fire Protection District, subject to the terms and conditions specified in Resolution 94/275?" 9. The precincts and polling places for said special election in the territory of the Orinda Fire Protection District shall be the same as those for the General Election held the same day. Insofar as applicable, the general election and local election provisions of the Elections Code shall apply as to the qualification of voters, the manner of voting, the form of the ballot, the duties of precinct and election officers, the canvassing of returns and other particulars . 10 . The Clerk of the Board of Supervisors shall give notice of the election by publication, posting, and mailing of this Resolution, in accordance with Government Code Sections 57025 (a) , (b) , 57130 and 57131 . 11 . The Clerk of the Board of Supervisors shall immediately transmit, by certified mail, a copy of this Resolution to the Executive Officer of the Contra Costa Local Agency Formation Commission to notify said Officer of the aforenoted election and request that said Officer prepare and submit to the Commission an impartial analyis of the matter to be voted upon, as required by Government Code Section 57144 . 2 RESOLUTION NO. 94/320 Upon approval by the Commission, the Executive Officer is requested to forward said analysis to the County Clerk (Elections Department) no later than the last day for submission of rebuttal arguments, in accordance with Government Code Sections 57144 and 57147. 12 . The County Clerk (Elections Department) shall timely take all actions specified in Government Code Sections 57145 through 57149, including (but not limited to) setting the date for and publishing notice of the submission of arguments for or against the question to be voted upon. 13 . Upon completion of the election and canvass of the results thereof, this Board will take such further action as is contemplated by applicable law. cc: Elections Department ihereby certifythat this isatrue and correctcopyof LAFC O Executive Officer an action takennd entered tt d do t sominutes of the Board Of$UPS Tnna`1 Ll 1QQ/ ATTEPHI atld�n4►of tAdrttinlstrator c: 94-275-2 .doc � �.,0�►ut1► 3 RESOLUTION NO. 94/320 • DATE: /Y- REgUMT TO SPEAK FORM, (THREE (3) MINUTE LIMIT 0i Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: -0 a�,1 ("Jv�- PG PHONE: 22-o'52,;/U ADDRESS: 0,2-0 CITY: "Ay2 T/N F-2 I am speaking formyself OR organization: ����' T� Check one: (NAME OF ORGANI/.VTION) X I wish to speak on Agenda Item # -2-5, My comments will be: general X for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: Y REQUEST To SPEAK FORM (THREE (3) MINUTE LIMIT) 2 Complete this form and place it in the box near the speakers' rostrum before address' a%ard.NAME: LS PHONE: ADDRESS: O CITY: Or Lwd d I am speaking formyself OR organization: Check one: (NAME OF ORGANIZATION) I wish to speak on Agenda Item # 1-� ataoUt6� My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 10, 1994, by the following vote : AYES : Supervisors Powers, Smith, Bishop, Torlakson and De Saulnier NOES : None ABSENT: none ABSTAIN: None SUBJECT: Resolution Completing ) Proceedings for the ) RESOLUTION NO. 94/275 County Fire Districts ) (Gov. Code §§ 57078, Boundary Reorganization ) 57081, 57082, 57083) (LAFC94-20) ) Pursuant to the Cortese-Knox Act, Government Code sections 56000 et seq. , the Board of Supervisors of the County of Contra Costa resolves as follows : 1 . On or about January 25, 1994, the Board of Supervisors of Contra Costa County, acting as the governing board of all fire districts involved in this reorganization, adopted and filed a Resolution of Application with the Local Agency Formation Commission (LAFCO) for approval of the subject boundary reorganization, consisting of: a) Annexation to the Contra Costa County Fire Protection District of all territory presently within the Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts and a portion of the territory of the Bethel Island Fire Protection District; b) dissolution of the Oakley, Orinda, Pinole, Riverview, and .West County Fire Protection Districts; and c) detachment of a portion of the territory of the Bethel Island Fire Protection District . 2 . The reason for this proposal is to allow the provision of better and more economic fire protection services to the area of all affected Fire Protection Districts . 3 . On April 13, 1994, after noticed public hearing, LAFCO approved the subject Reorganization. 4 . On May 10, 1994, this Board held a noticed public hearing on the subject Reorganization, receiving any protests that any person desired to file, hearing all testimony that any person desired to present, and receiving any letters or other documents that any person desired to submit . This Board then closed said public hearing and found that no legal protests had been filed against the Reorganization. 5. There will be no name change for the Reorganized district, which will continue to be known as the Contra Costa County Fire Protection District . The Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts will cease to exist . 6. If no petition sufficient to require an election is received within 30 days from May 10, 1994, this Board hereby orders the Reorganization without election, subject to the following conditions approved by LAFCO: 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 1 RESOLUTION NO. 94/275 Exhibit A to Res. 94/320 =...til 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 continued and 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 ate contafned 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 Cost 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 2 RESOLUTION NO. 94/275 Exhibit A to Res. 94/320 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 . 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 level and 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 any 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 . The Orinda City Council will be an Advisory Committee in the creation of the aforementioned Urban/Wildlands interface zone . n. The Contra Costa County Fire Protection District will maintain the following minimum standards of existing service levels : 1) 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. The current number of fire stations in the existing districts will not be reduced. 2) 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. 3) Support services, as measured by inspection and abatement service levels, development plan review service levels and disaster preparedness coordination effort will be maintained. 4) 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. 3 RESOLUTION NO. 94/275 Exhibit A to Res. 94/320 5) 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 . 7 . The territory to be detached from the Bethel Island Fire Protection District and annexed to the Contra Costa County Fire Protection District is as shown in %xhibit A hereto. As to the remaining parts of the Reorganization, the annexed and dissolved territories are all of the Oakley, Orinda, Pinole, Riverview and West County Fire Protection districts . 8 . There is no bonded debt for any of the involved Fire Protection Districts. , 9. The regular county assessment roll will continue to be used to collect taxes in the affected territory. 10. Nothing in this Resolution is intended to, nor shall it in any way, modify or reduce the discretion, privileges and immunities provided the fire districts involved with this reorganization by the provisions of Division 3. 6 (commencing at Section 810) of the California government code for any actions or lack thereof, and nothing herein shall impose any addiional mandatory duties on such districts . If no petition sufficient to require an election has been filed by June 10, 1994, the Clerk of this Board shall forthwith transmit a certified copy of this Resolution, along with a remittance to cover any applicable fees as provided. by the Government Code, to the Executive Officer of the Local Agency Formation Commission. If a petition sufficient to require an election has been filed by June 10, 1994, this Board will take further action in accordance with governing law. 1 hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the DCG. f j b Board of gupervtsors on the date shown./ Orig. Dept: A H SATCHEL Gerk of the Board isom cc: County Administrator dsuvenand�oun>suata LAFCO sy D Depuq County Counsel All Fire Protection Districts Involved c: 94-275.doc 4 RESOLUTION NO. 94/275 Exhibit A to Res. 94/320 COUNTY FIRE PROTECTION DISTRICTS BOUNDARY REORGANIZATION (DETACHMENT FROM BETHEL ISLAND FIRE PROTECTION DISTRICT AND CONCURRENT ANNEXATION TO CONTRA COSTA FIRE PROTECTION DISTRICT) EXHIBIT A to Resolution 94/275 All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. Beginning at the intersection of the westerly line of Parcel "D" as shown on the Record of Survey recorded in Book 34 of Licensed Survey Maps at Page 12, on April 27 , 1965, with the southerly boundary of the Bethel Island Fire Protection District (BIFPD) ; thence from said point of beginning leaving the southerly line of said BIFPD, the following courses: North 21007'00" West, 150 feet more or less to the most westerly corner of said Parcel "D" (34 LSM 12); thence North 05046 '44" East, 259. 31 feet; thence North 21014 '00" East, 322.90 feet; thence North 140. 08' 00" West, 442. 30 feet; thence North 20008'08" West, 149. 97 feet; thence South 81044 ' 37" West , 1445.62 feet; thence North 05052145" East, 283.40 feet; thence North 05056 '49" East, 900.89 feet and North 06002'26" East 581 .43 feet to the southerly right of way line of Sandmound Boulevard; thence along said southerly line North 74020137" West to its intersection with the easterly right of way line of Bethel Island Road; thence northerly along said easterly line to its intersection with the southeasterly prolongation of the northerly line of Parcel "A" as shown on the minor subdivision recorded in Book 4 of Parcel Maps at Page 49, on August 12, 1968 thence along said prolongation and the northerly line of said Parcel "A" North 74024'00" West to the most northerly corner of said Parcel "A" and the easterly line of Reclamation District No. 799 Drainage Canal ; thence North 33010'00" West, 171 feet; thence North 51033'00" West, 1031 feet; thence North 50029'00" West, 527.5 feet; thence North 07022100" West , 265. 7 feet; thence South 83026'00" West, 90.0 feet more or less to the northeast corner of Lot 28 as shown in (Map Book 27-21 ) ; thence South 00038'00" West, 155.41 feet; thence North 89022'00" West, 1398. 11 feet; thence North 87041 '00" West, 76. 14 feet; thence South 88008100" West, 158.93 feet; thence North 03045'00" West, 122.6 feet; thence North 88008'00" West, 38.6 feet; thence South 03°45'00" East, 117.8 feet; thence South 89032 '00" West , 326.2 feet; thence South 00015'00" West 159.2 feet to the northeast corner of Lot B as shown on (56 LSM 31 ) ; thence South 619.5 feet ; thence South 89045 '00" West, 589. 5 feet more or less to the center line of Jersey Island Road and the west line of Section 21 , Township 2 North, Range 3 East , Mount Diablo Base and Meridian, said point also being on the western boundary of the Bethel Island Fire Protection District; thence along said district boundary southerly and easterly to the point of beginning. Containing 680 acres more or less. 5th page to Exhibit A to Res, 94/320 Exhibit B .••�. / r'P •' `yi• ,\.l a.�-_\ t \ • I', `♦ c:>~• .. O - A C A JR*.A D CONTRA COSTA - � 1• -�•= `_ :t±fir \ � .. .,`_• ♦.SUPY.'N�T. N0-IA� u<,�rt cc 'syr .. �.• •... BID,A Ir ^�� .i •c,+`.. �` nom\ •��'^�, r ' / y c!rt �.•Tr�t \„ _ y ��T.•nlchr.M' � �•1 (((�nr777 ..+. \i - l` f�•�♦ /�f♦1•,1• � -r- / : '0 i j=✓ •cry � - r �• �' •,i� :.,,, EXHIBIT B TO RESOLUTION 94/320