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HomeMy WebLinkAboutRESOLUTIONS - 05101994 - 94-275 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. S. 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 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 are contained 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 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 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 Exhibit 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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the DCG: f b Board of Supervisors on the date shown. ATTESTED: 0, /�9-q Orig. Dept : PHIL BATCHEL01 Clerk of the Board c c: County Administrator of supervisors and County Adminisuato► LAFCOBy County Counsel All Fire Protection Districts Involved c: 94-275.doc 4 RESOLUTION NO. 94/275