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    6.    
INTERNAL OPERATIONS COMMITTEE
Meeting Date: 05/09/2022  
Subject:    PROPOSED CHANGES TO THE COMPOSITION AND BYLAWS OF THE CONTRA COSTA FIRE PROTECTION DISTRICT ADVISORY COMMISSION
Submitted For: Monica Nino, County Administrator
Department: County Administrator  
Referral No.: IOC 22/5  
Referral Name: Advisory Body Recruitment
Presenter: Julie DiMaggio Enea Contact: Julie DiMaggio Enea (925) 655-2056

Information
Referral History:
In 1995, the Board of Supervisors adopted Resolution No. 95/475 (attached for reference) delegating a broad range of its board of directors functions and responsibilities to advisory fire commissions of the, then, six dependent fire protection districts within the county. Through consolidation and dissolution, only two of the six county fire districts remain: Contra Costa and Crockett-Carquinez.

In 2014, the Board of Supervisors began convening monthly as the Contra Costa County Fire Protection District board of directors fulfilling, in effect, many of the functions and responsibilities that, in 1995, had been delegated to the Advisory Fire Commission (AFC) for that district. On March 9, 2022, the Contra Costa County Local Area Formation Commission (LAFCo) unanimously approved the annexation of East Contra Costa Fire Protection District (ECCFPD) to the CCCFPD and the dissolution of ECCFPD.
Referral Update:
Seat Designation
In accordance with Fire Protection Laws of 1961 and 1987 (specifically Health & Saf. Code, § 13844), the current composition of the CCCFPD Advisory Fire Commission (AFC) is seven seats. The seven seats comprise five district and two At Large seats. The Board of Supervisors also appointed three Alternates, which are selected in the same manner as the At Large appointees but may be called to serve in the absence of any of the seven primary appointees. The Act specifies that the size of an advisory fire commission may be either five or seven members.

The annexation transition plan approved by LAFCo requires the County to modify the CCCFPD AFC membership to provide one member from the area formerly within the ECCFPD until the existing three-station deficit in the former ECCFPD service area is addressed and eliminated. The current District III appointee resides in Antioch and does not satisfy this requirement. This appointee's term of office does not expire until June 2025. Another potential option is to designate one of the two At Large seats to represent the former ECCFPD coverage area. On June 30, 2022, the terms of the At Large #2 (held by Richard Chapman of Pleasant Hill) and Alternate #3 (held by Clayton Laderer of Walnut Creek) seats will expire. IOC staff conducted a recruitment to fill those vacancies and so far received five applications. Interviews are scheduled for the June 13 IOC meeting, pending Committee and Board of Supervisors action on AFC seat modifications.

Staff requests Committee direction on modifying seat designations to satisfy the new requirement contained in the annexation transition plan.

Delegation of Duties
It is recommended that the delegation of board of directors duties also be updated to reflect the Board of Supervisors current, higher level of District oversight than in 1995. It is recommended that the following delegation of duties be removed from the CCCFPD AFC since the Board of Supervisors now acts directly on these matters:
  • To review and advise on annual operations and capital budgets
  • To review district expenditures
  • To review and advise on long-range capital improvement plans
  • To advise the Fire Chief on district service matters
  • To review performance of the Fire District against objectives;
  • To meet jointly with the Board of Supervisors
  • To communicate with the other fire district advisory commissions on services and functional integration
  • To assist in the Fire Chief's selection process as required

Update of the CCCFPD Advisory Fire Commission role and responsibilities will provide clarity and proper focus of the Commission's time and energy towards duties that will complement rather than duplicate the functions of the Board of Directors. Staff asks the Committee to consider approving the following revised delegation of duties to the AFC as reconstituted pursuant to the annexation agreement:

"The functions of the fire commissioners are to review the goals and objectives of the District; provide liaison with the community, and provide advice and information on fire protection matters to the Board of Supervisors. This Board hereby delegates to the CCCFPD Advisory Fire Commission the following functions and responsibilities:
a. Pursuant to district ordinance, to serve as the Appeals Board on weed abatement matters;
b. To review and make recommendations on Fire District goals and objectives;
c. To provide advice and information to the Board of Directors on fire protection matters as needed;
d. To serve as liaison between the Board of Directors and the community served by the district;
e. To perform such other duties and responsibilities as may be assigned and as directed by the Board of Directors."

Bylaws Update
At the Committee's direction, staff will prepare a board resolution to effect any AFC bylaws changes necessitated by the Committee's actions today. Attached are the current AFC Bylaws for reference.
Recommendation(s)/Next Step(s):
CONSIDER options and staff recommendations for modification to the composition of, and delegation of duties to, the Contra Costa County Fire Protection District Advisory Fire Commission.
Fiscal Impact (if any):
No fiscal impact.
Attachments
Archived Resolution 95/475
Current CCCFPD AFC Bylaws
CCCFPD AFC Roster May 2022

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