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 CITY COUNCIL AGENDA ITEM NO. 20



Meeting Date: February 12, 2008

Subject/Title: Adopt a Resolution consenting to the creation of a new district governing board for the East Contra Costa Fire Protection District based on proportional representations of unincorporated portions of the County of Contra Costa, the City of Brentwood and the City of Oakley populations; requesting that the existing district governing board adopt the necessary resolutions to effectuate the governing board changes to provide for proportional population representations, method of appointment, director qualifications vacancies and elections of officers

Prepared by: Donna Landeros, City Manager


RECOMMENDATION
Adopt a Resolution consenting to the creation of an Appointed Board to govern the East Contra Costa Fire Protection District as provided by State Health and Safety Code 13800 Et. Seq.

PREVIOUS ACTION
On July 24, 2007, the City Council unanimously agreed to pursue the Appointed Board, provided that the change in governance is irrevocable and that the representation on the governing board is based on population.

BACKGROUND
The City of Brentwood has been actively participating in discussions regarding fire services since development in the City began to accelerate in the mid 1990’s.

In 2002 the County consolidated the East Diablo District, which served Brentwood, with Bethel Island and Oakley Fire Protection Districts. At the time of the consolidation Brentwood was a full-time career district; Bethel Island had 3 full time fire fighters and 15+ paid-on-call firefighters; and Oakley was paid-on-call.

After the merger, the Board of Supervisors, acting as the governing board of the Fire District, engaged the services of City Gate to create a Master Plan for the District. The contract was authorized in August 2004 and the report was accepted, but not adopted by the Board of Supervisors, in June, 2007.

City Gate concluded that a special tax or assessment would be necessary to provide the desired service level of 3 fire fighters (1 being a paramedic) at each station throughout the District. City Gate also concluded that a ballot measure would not be successful without a locally controlled governing board.

On September 11, 2007, the Board of Supervisors directed Supervisors Glover and Piepho, and County staff, to pursue the Appointed Board, with the cities of Brentwood and Oakley.

Since September the discussions have focused on the size of the board and representation. The recommendation of Mayor Taylor and Vice Mayor Brockman, who have represented the City in the fire discussions, is that the Board be comprised 9 members 4 from Brentwood, 3 from Oakley; and 2 from the unincorporated area. The law requires that the Board Members must reside in the District.

The recommended resolution also contains a provision that in the event that Oakley and the County do not adopt similar enabling resolutions within 60 days, the City of Brentwood’s resolution is automatically repealed with no further action of the Council.


FISCAL IMPACT
The change in governance does not change the funding structure of the District. The District will continue to receive 9% of the 1% property tax levy on all property within the District. The City will not assume any financial or legal obligations of the District.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONSENTING TO THE CREATION OF A NEW DISTRICT GOVERNING BOARD FOR THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT BASED ON PROPORTIONAL REPRESENTATION OF UNINCORPORATED PORTIONS OF THE COUNTY OF CONTRA COSTA, THE CITY OF BRENTWOOD AND THE CITY OF OAKLEY POPULATIONS; REQUESTING THAT THE EXISTING DISTRICT GOVERNING BOARD ADOPT THE NECESSARY RESOLUTIONS TO EFFECTUATE THE GOVERNING BOARD CHANGES TO PROVIDE FOR PROPORTIONAL POPULATION REPRESENTATION, METHOD OF APPOINTMENT, DIRECTOR QUALIFICATIONS VACANCIES AND ELECTION OF OFFICERS

WHEREAS, on June 4, 2002, the Contra Costa County (“County”) Board of Supervisors by Resolution No. 2002/358 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” (the “District”) and to dissolve the Oakley, Bethel Island, and East Diablo Fire Protection Districts, effective September 12, 2002; and

WHEREAS, on August 14, 2002, by Resolution 02-24, LAFCO approved the County application to consolidate the Oakley, Bethel Island, and East Diablo Fire Protection Districts into the District; and

WHEREAS, 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) (“FPDL”); and

WHEREAS, the District consists of unincorporated Contra Costa County territory and the territory of the City of Brentwood (“Brentwood”) and the City of Oakley (“Oakley”); and

WHEREAS, in a fire protection district that contains unincorporated county territory and the territory of one or more cities, the FPDL authorizes two types of appointed boards of directors; and

WHEREAS, 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 County Board of Supervisors is currently the appointed District Board of Directors; and

WHEREAS, 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 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; and

WHEREAS, the District, County, Brentwood and Oakley desire to change the District board governing structure and how District board members are appointed so as to provide proportional population representation for the County, Brentwood and Oakley pursuant to State Health and Safety Code § 13800 et seq; and

WHEREAS, representatives of the City Councils of Brentwood and Oakley and the County Board of Supervisors have met and reached agreement on the structure and composition of the District Board of Directors from a board comprised of the County Board of Supervisors to a board comprised of directors appointed by Brentwood, Oakley, and the County; and

WHEREAS, Brentwood, Oakley and the County affirm that the District will not be funded by the general funds of the County, Brentwood or Oakley; and

WHEREAS, it is the intent of the three agencies that the new District governing board will be effective within sixty (60) days of the District governing board adopting the implementing resolution; and

WHEREAS, it is the intent of the three agencies to complete the transition, from the County providing District administrative support to the new District governing board providing District administrative support, within 6 (six) months of the first meeting of the new District governing board; and

WHEREAS, it is the intent of the three agencies to consider the option of a separately elected board of directors in the future; and

WHEREAS, the change in the District’s governing structure will not change the legal status of the District as an independent public agency, organized, existing, and exercising essential government functions pursuant to the FPDL. 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 BE IT RESOLVED that the City Council of the City of Brentwood:

1. Consents to the creation of a new District governing board as set forth in the attached Exhibit “A” which is incorporated herein by this reference.

2. Requests that the District adopt the necessary resolutions to effectuate the changes set forth in Exhibit “A.”

3. Determines that in the event that Oakley, the County or District does not, within sixty (60) days of the adoption of this Resolution, adopt resolutions amending the structure of the District governing board in the manner described herein, this Resolution will be automatically repealed with no further action of this Council.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a meeting held on the ___ day of ______________ 2008 by the following vote:



EXHIBIT “A”
EAST CONTRA COSTA FIRE PROTECTION DISTRICT GOVERNING BOARD

(The following is based on Health and Safety Code Sections 13800 et. seq. Fire Protection District Law of 1987 and unless otherwise stated all citations are to the Health and Safety Code)

1. Total Number of District board members: 9 (§ 13842)

2. Director Composition:
City of Brentwood: 4
City of Oakley: 3
Contra Costa County: 2

3. Method of Appointment.
District board members will be appointed by the City Council of Brentwood, the City Council of Oakley, and the Board of Supervisors of the County.

4. Method of Determining Populations of Member Cities and Unincorporated Areas of the County.
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 will consider the numbers and if necessary reconstitute Director composition to account for proportional population changes.

5. Director Qualifications.
Each director shall be a resident of the District (§ 13841)

6. Term of Office (§ 13843; Election Code § 10507).
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.

7. Vacancies.
A vacancy on the District board shall be filled by the appointing authority within 90 days of the vacancy. (§ 13852; Election Code § 1779)

8. Election of Officers (§ 13853).
Within 60 days after their initial appointment, the new District board will meet and elect its officers. The officers of the District board shall be a president, 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.


 
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