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CITY COUNCIL AGENDA ITEM NO. 16
 
Meeting Date:  August 12, 2008
 
Subject/Title:    Adopt a Resolution directing staff to prepare a complete LAFCO application for detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District.
 
Prepared by:     Paul Eldredge, Assistant Public Works Director/Assistant City Engineer
 
Submitted by:   Donna Landeros, City Manager
                       
RECOMMENDATION
Adopt a Resolution directing staff to prepare a complete Local Agency Formation Commission application for detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District.
 
PREVIOUS ACTIONS
On July 24, 2007, City Council Resolution No. 2007-167, authorized the City Manager to approve an agreement for fire services analysis with Citygate Associates.
 
On February 12, 2008, City Council Resolution No. 2008-31, consented to the creation of a new district governing board for the East Contra Costa Fire Protection District (“Appointed Board”).  The Appointed Board would have provided a governing board with representation for the Cities of Brentwood and Oakley, and the unincorporated area based on population.  The Resolution also included a 60 day expiration in the event the County and City of Oakley did not also adopt the necessary resolutions to effectuate the changes.
 
On April 8, 2008, City Council Resolution No. 2008-84, extended the time limit for the East Contra Costa Fire Protection District to adopt their resolution amending the structure of its governing board.  The deadline for the extension was May 27, 2008.
 
On May 13, 2008, Oakley City Council rescinded resolutions related to the creation of a new district governing board for the East Contra Costa Fire Protection District.
 
On May 27, 2008, City Council accepted an Informational Report on the procedure for detaching the City of Brentwood from East Contra Costa Fire Protection District and annexing into Contra Costa Fire Protection District; and provided staff with direction to further research and investigate the process.
 
BACKGROUND
The County consolidated the fire districts of East Diablo, Oakley/Knightsen and Bethel Island and created the East Contra Costa Fire Protection District (“ECCFPD”) in 2002.  At that time the City raised concerns about the impact of the consolidation on the fire service levels in Brentwood.  This concern continues to be a high priority for the Council and residents of Brentwood.
 
The County initiated a master plan process in 2005.  The Master Plan was accepted, but not adopted, by the Board in June of 2007.  The City advocated at that time that the Board of Supervisors adopt the Master Plan and begin implementation.  Even though the County did not adopt the Master Plan, they did agree to move forward with one of the recommendations in the report which was to provide local governance.
 
In late 2007 the County, Oakley and Brentwood agreed to pursue local governance of ECCFPD.  When the City of Oakley rescinded their local governance resolution, the option no longer became viable.  In lieu of local governance, staff researched and briefly outlined the process required for detachment from the ECCFPD and annexation into Contra Costa Fire Protection District (“ConFire”):
 
A summary of the steps is outlined below:
 
1.City Council resolution: approving application to LAFCO
2.LAFCO application: submitted by City, including CEQA review, fiscal and operational analysis
3.LAFCO Board Informational Report: Notifying ConFire and ECCFPD of the reorganization proposal.  If ConFire, as the district receiving the territory, objects, based on fiscal or service related concerns, ConFire may pass a resolution requesting termination of the LAFCO process.  LAFCO may ultimately approve the reorganization dependent upon a City initiated court ruling overturning the ConFire termination resolution.
 
If no termination resolution from Con Fire
4.            LAFCO Public Hearing:  At the reorganization public hearing, if even one protest is submitted by an affected party, (i.e. City, either Fire District and landowners or voters within City limits) LAFCO must hold a Protest Hearing.  If no protests are submitted, the reorganization may be approved by LAFCO.
 
If protest submitted by affected party (City, either Fire District and landowners or voters within City limits)
5.            LAFCO Protest Hearing:
a)      If less than 25% of the registered voters or landowners in the City protest LAFCO may approve reorganization without any further process.
b)      If 25% - 49% of the registered voters or landowners within the City protest, LAFCO would require an election.
c)      If greater than 50% of the registered voters or landowners in the City protest the reorganization LAFCO terminates the process.
 
In May 2008, staff presented an informational report to Council summarizing the steps necessary for reorganizing fire service and Council directed staff to further investigate the LAFCO application.  The intent of this staff report is to memorialize Council’s previous discussions on fire district reorganization and authorize staff to prepare any associated documents and studies as may be necessary to support a complete LAFCO reorganization application.  California Government Code (beginning §56650) requires LAFCO applications to contain substantial information regarding a reorganization proposal, including its plan for services and an analysis of its potential effects.  The support documents include, but may not be limited to:
 
CEQA review
Operational Analysis, including level and type of service and necessary equipment
Fiscal Reports and Analysis, including costs of services and revenue projections
Fiscal and operational impacts of reorganization to both Fire Districts
Legal Descriptions
 
It is anticipated staff will consult with experts in this field, including the resources of Citygate Associates, who have previously provided professional fire study services to the City.  Agreements and contracts for services will be brought before the Council as required by the City’s Purchasing Policy.  Upon complete preparation of the LAFCO application and supporting studies, staff will present the final documents to Council for review and approval of a LAFCO application for fire district reorganization.
 
Fiscal Impact
Full costs of preparing the LAFCO application and supporting studies are unknown at this time.  An amount had been previously budgeted for consultant services related to this exercise of which approximately $40,000 is still available and has been carried forward to the current fiscal year.  As mentioned, it is uncertain at this time what the total cost will be and will be further evaluated.  Agreements and contracts for services, if necessary, will be brought before the Council as required by the City’s Purchasing Policy.  Funding will be through the General Fund.
 
Attachments:
Resolution

RESOLUTION NO.
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD directing staff to prepare a complete Local Agency Formation Commission application for detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District.
 
WHEREAS, on July 24, 2007, City Council Resolution No. 2007-167 authorized the City Manager to approve an agreement for fire services analysis with Citygate Associates; and
 
WHEREAS, on February 12, 2008, City Council Resolution 2008-31 consented to the creation of a new district governing board for the East Contra Costa Fire Protection District (“Appointed Board”). The Appointed Board would have provided a governing board with representation for the Cities of Brentwood and Oakley, and the unincorporated area based on population. The Resolution also included a 60 day expiration in the event the County and City of Oakley did not also adopt the necessary resolutions to effectuate the changes; and
 
WHEREAS, on April 8, 2008, City Council Resolution 2008-84 extended the time limit for the East Contra Costa Fire Protection District to adopt their resolution amending the structure of its governing board. The deadline for the extension was May 27, 2008; and
 
WHEREAS, on May 13, 2008, Oakley City Council rescinded resolutions related to the creation of a new district governing board for the East Contra Costa Fire Protection District; and
 
WHEREAS, on May 27, 2008, City Council accepted an Informational Report on the procedure for detaching the City of Brentwood from East Contra Costa Fire Protection District and annexing into Contra Costa Fire Protection District; and provided staff with direction to further research and investigate the process; and
 
WHEREAS, organizational changes to special districts, including fire districts, are governed by State law and the Local Agency Formation Commission; and
 
WHEREAS, the City Council has directed staff to prepare a LAFCO application proposing the reorganization of East Contra Costa Fire Protection District and Contra Costa Fire Protection District; and
 
WHEREAS, California Code requires special district reorganization applications to include a plan for services, a fiscal analysis and a review of possible environmental effects.
 
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District that:
 
1.      The City of Brentwood intends to apply for detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District.
2.      Staff is authorized to prepare all necessary documents as required to file a Local Agency Formation Commission reorganization application.
 
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of August 2008 by the following vote:
 
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