March 4, 2013 Agenda Page 1 of 2

EAST CONTRA COSTA FIRE PROTECTION DISTRICT Board of Directors Regular Meeting

Monday March 4, 2013 – 6:30 P.M.

Meeting Location: 3231 Main Street, Oakley

BOARD OF DIRECTORS

Kevin Bouillon Greg Cooper

Ronald Johansen

Kevin Romick-President Joel R. Bryant- Vice President

Robert Kenny

Cheryl Morgan Steven Smith

Joe Young

AGENDA ______________________________________________________________

Preceded by a Special Closed Session Meeting at 6:00 P.M., 3231 Main Street, Oakley

6:00 P.M. – Call to Order and Adjourn to Closed Session on the following matters:

1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency designated representative: Board President and Vice President Employee Organizations: International Association of Fire Fighters, Local 1230, East County Fire Fighters Association (Reserves), Unrepresented Management.

2. CONFERENCE WITH LEGAL COUNSEL– Existing Litigation pursuant to Government Code Section 54956.9 (a), City of Brent, et al v. Robert Campbell, Contra Costa Sup. Ct. No. MSN 11-1029

3. CONFERENCE WITH LEGAL COUNSEL– Existing litigation pursuant to

Government Code Section 54956.9 (a), CCC Deputy Sheriffs v. CCCERA, Contra Costa County Superior Court Case No. MSN 12-1870.

4. Public Employee Performance Evaluation; Title: Fire Chief pursuant to Government Code 54957.1(a)(5).

RECONVENE TO OPEN SESSION – 3231 Main Street, Oakley Report from closed session (if any) CALL TO ORDER

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PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS At this time the public may address the District Board on subject matters pertaining to District business listed on the Consent Calendar, Closed Session, Future Agenda Items, or items not listed on the agenda. Remarks may be limited to 3-minutes subject to the discretion of the Board President and with the concurrence of the Board of Directors. Please complete and submit a “Public Comment Speaker Card” with the District Clerk. CONSENT CALENDAR Consent Calendar items are considered routine in nature and will be enacted by the Board in one motion. If discussion or public comment is required, any Board Member may request the item be removed from the Consent Calendar and considered separately. C.1 Approve minutes from February 4, 2013 Regular Board of Directors Meeting. C.2 Consider Adoption of Board of Directors Policy Number 1-5 Half-Staff Flag Policy PUBLIC HEARINGS Members of the public wishing to address the Board on a listed item shall complete and submit a “Public Comment Speaker Card” with the District Clerk. DISCUSSION ITEMS D.1 Discussion of Policy on Disposition of Surplus District Real Property D.2 Establish Date for District Workshop and Approve Workshop Agenda D.3 Receive Operational Update INFORMATIONAL STAFF REPORTS

DIRECTORS’ COMMENTS INFORMATIONAL REPORTS AND REQUESTS FOR FUTURE AGENDA ITEMS FROM BOARD MEMBERS This portion of the agenda shall provide an opportunity for Board Members to report on activities, committee or event attendance pertaining to District business or to request a future item to be placed on the agenda. ADJOURN TO THE NEXT REGULAR BOARD MEETING SCHEDULED: April 1, 2013

POSTING STATEMENT A copy of this agenda was posted March 1, 2013 at the East Contra Costa Fire Protection District Administrative Office, 134 Oak Street, Brentwood, CA 94513. Pursuant to CA Government Code §54957.5, disclosable public records and writings related to an agenda item distributed to all or a majority of the Board of Directors less than 72 hours prior to this meeting is available for public inspection at the East Contra Costa Fire Protection District Administrative Office, 134 Oak Street, Brentwood, CA 94513. NOTICE In compliance with the Americans with Disabilities Act, any individuals requesting special accommodation to attend and/or participate in District Board meetings may contact the District Administrative Office at (925) 634-3400. Notification 48 hours prior to the meeting will enable the District to make reasonable accommodations.

February 4, 2013 Minutes Page 1 of 3

EAST CONTRA COSTA FIRE PROTECTION DISTRICT

Meeting Minutes Board of Directors Regular Meeting

Monday February 4, 2013 – 6:30 P.M.

Meeting Location: 3231 Main Street, Oakley

BOARD OF DIRECTORS Kevin Bouillon Greg Cooper

Ronald Johansen

Kevin Romick-President Joel R. Bryant- Vice President

Robert Kenny

Cheryl Morgan Steven Smith

Joe Young

______________________________________________________________ Proceeded by a Special Closed Session Meeting at 6:00 P.M., - (6:11 P.M.) 6:00 P.M. – Call to Order and Adjourn to Closed Session on the following matters:

1. Public Employee Performance Evaluation; Title: Fire Chief

pursuant to Government Code 54957.1(a)(5).

RECONVENE TO OPEN SESSION – - (6:35 P.M.) Report from closed: no action was taken. CALL TO ORDER- (6:37P.M.) PLEDGE OF ALLEGIANCE- (6:37 P.M.) ROLL CALL- (6:38 P.M.) Directors Present: Bryant, Cooper, Johnansen, Morgan, Romick,

Smith, Young Directors Absent: Bouillon, Kenny PUBLIC COMMENTS- (6:39P.M.) There was no Public Speaker.

February 4, 2013 Agenda Page 2 of 3

CONSENT CALENDAR- (6:39 P.M.) C.1 Approve minutes from January 7, 2013 Regular Board of Directors Meeting. C.2 Approve minutes from January 24, 2013 Special Board of Directors Meeting.

Motion by: Director Young to approve Consent Calendar Item C.1 & C.2 Second by: Director Bryant

Abstained: Vote: Motion carried 7:0:2 PUBLIC HEARINGS NONE DISCUSSION ITEMS (6:39 P.M.) D.1 Consider Formation of Board Subcommittees

There was one Public Speaker-Vince Wells (6:55 P.M.) D.2 Receive SAFER Grant and Hiring Update (7:00 P.M.) D.3 Discussion of Policy on Disposition of Surplus District Real Property

There was one Public Speaker-Dan Baio (7:08 P.M.) D.4 Receive Operational Update

There was one Public Speaker-James Mathers INFORMATIONAL STAFF REPORTS NONE

DIRECTORS’ COMMENTS - (7:20 P.M.)

Director Bryant thanked the firefighters/ENG 52 for a medical response at a Sunday Service.

February 4, 2013 Agenda Page 3 of 3

INFORMATIONAL REPORTS AND REQUESTS FOR FUTURE AGENDA ITEMS FROM BOARD MEMBERS - (7:21 P.M.) Director Cooper- Request a review of the District’s 2012 parcel tax (Measure S) at future meeting. ADJOURN TO THE NEXT REGULAR BOARD MEETING SCHEDULED: March 4, 2013 - (7:21 P.M.)

Motion by: Director Romick to adjourn to the next Board meeting, March 4, 2013

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BOARD OF DIRECTORS AGENDA ITEM NO. C-2

Meeting Date: March 4, 2013 Subject/Title: Consider Adoption of Board of Directors Policy Number 1-5 Half-Staff Flag

Policy Submitted by: Hugh Henderson, Fire Chief RECOMMENDATION FOR ACTION Consider adoption of Board of Directors Policy number 1-5 Half-Staff Flag Policy. PREVIOUS ACTION On January 7, 2013, Vice President Bryant requested a future agenda item related to the creation of a Board policy to address when the flags at District facilities may be placed at half-staff. There was a consensus of the Directors to have staff bring back a policy that would address lowering the flags at District facilities to half-staff. SUBJECT BACKGROUND Flags are traditionally lowered to half-staff as a mark of respect and to honor the death of public officials, national tragedies, and remembrances of events that have affected the nation. Specific instructions are included in the United States Flag Code (Flag Code) for lowering the flag and timeframes that it should be flown at half-staff. Currently, the District follows the guidelines set forth by the Flag Code when the flag is flown at half-staff. The authority to lower the flag to half-staff is contained in the Flag Code, which states, in part:

“By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff.”

A February 7, 2011, Congressional Research Service Report regarding flying the flag at half-staff notes that the provisions of the Flag Code on flying the flag at half-staff are like all of the Code’s provisions, a guide only. There are no known federal restrictions or court decisions that limit lowering of the flag to half-staff. At the January 7, 2013, Board meeting, among other things that was discussed including flying the flag at half-staff in the event of the death of a current and retired District employees and local public safety officer.

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Based on your direction, staff obtained sample policies from other fire districts and cities that allow the flag to be flown at half–staff under local authority. Based on those policies, staff drafted the attached Half-Staff Flag Policy. If the Board has no additional changes or comments concerning the attached draft Policy 1.5 (Half-Staff Flag Policy), staff would recommend adopting this Resolution. Resolution: Attachments:

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EAST CONTRA COSTA FIRE PROTECTION DISTRICT BOARD OF DIRECTORS RESOLUTION NO. 2013-

A RESOLUTION OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT BOARD OF DIRECTORS ADOPTING BOARD OF DIRECTORS POLICY NUMBER 1.5 HALF-STAFF FLAG POLICY WHEREAS, flags are traditionally lowered to half-staff as a mark of respect and to honor the death of public officials, national tragedies, and remembrances of events that have affected the nation; and WHEREAS, specific instructions are included in the United States Flag Code (Flag Code) for lowering the flag and the time frames it should be flown at half-staff; and

WHEREAS, the Flag Code serves as a guide and states that no disrespect be shown the flag; and WHEREAS, the lowering of the flags at District facilities would be in a manner consistent with the Flag Code.

NOW, THEREFORE BE IT RESOLVED that the East Contra Costa Fire Protection District does hereby:

1. Adopts Board of Directors policy number 1-5 Half-Staff Flag Policy

PASSED, APPROVED AND ADOPTED by the Board of Directors of the East Contra Costa Fire Protection District at a regular meeting held on the 4th day of March 2013 by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

_____________________________ Kevin Romick President, Board of Directors

ATTEST: ____________________________ Hugh Henderson District Clerk

BOARD OF DIRECTORS POLICY Subject: Administration Title: Half-Staff Flag Policy

Policy No: 1-5 Date:

Resolution No: Page 1 of 2

EAST CONTRA COSTA FIRE PROTECTION DISTRICT

1-5.1 PURPOSE OF HALF-STAFF FLAG POLICY It shall be the policy of the East Contra Costa Fire Protection District to raise, lower and display the Flag of the United States and the Flag of the State of California, which are located at District facilities in accordance with proper flag etiquette and respect for the flag. 1-5.2 HALF-STAFF PROTOCOL FOR FLAGS AT DISTRICT FACILITIES

National or State Declarations: In response to a national or state declaration, flags at District facilities shall be flown at half-staff. The flag is flown at half-staff upon the death of the following: President, former President, Vice President, former Vice President, Chief Justice or retired Chief Justice of the U.S., Speaker of the House of Representatives, Associate Justice of the Supreme Court, a member of the Cabinet, President pro tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, Majority Leader of the House of Representatives, Minority Leader of the House of Representatives, Member of Congress, a State Governor. The City will comply with instructions from the Federal or State government regarding how long the flags should remain lowered. Citation: Federal Flag Code. Title 4, Section 7 (m)

Peace Officers Memorial Day – May 15: Flags at District facilities shall be flown at half-staff unless that day also falls on Armed Forces Day (third Saturday in May). Citation: Flag Code, Title 4, Section 7 (m)

Memorial Day - Last Monday in May: Flags at District facilities shall be flown at half-staff until noon on this day, and then raised to full staff for the remainder of the day at facilities operating on the holiday. Citation: Flag Code, Title 4, Section 7 (m)

Patriot Day – September 11: Flags at District facilities shall be flown at half-staff from sunrise to sunset. Citation: Public Law 107-89, Section 144(b) (2)

Pearl Harbor Remembrance Day – December 7: Flags at District facilities shall be flown at half-staff from sunrise to sunset. Presidential Proclamation.

Local Authority: Flags shall be lowered to half-staff in the following situations:

1. Upon the death of a Firefighter working within Contra Costa County killed in the line of duty. Flags will be flown at half-staff from the date of death until internment.

2. Upon the death of a Police Officer working within Contra Costa County killed in the line of duty. Flags will be flown at half-staff from the date of death until internment.

BOARD OF DIRECTORS POLICY Subject: Administration Title: Half-Staff Flag Policy

Policy No: 1-5 Date:

Resolution No: Page 2 of 2

EAST CONTRA COSTA FIRE PROTECTION DISTRICT

3. Upon the District’s receipt of notice of the death of a current or retired District employee, flags will be flown at half-staff until the burial of the deceased, but not for more than three days. When the funeral occurs more than three days from the date of death, the flags will then again be flown at half-staff on the burial day.

1-5. PROCEDURE Administration staff shall maintain subscriptions to half-staff notification sites. Administration staff shall notify the District facilities in advance of occasions authorized by the Flag Code and this Policy that require the flags be flown at half-staff. In the event of an unscheduled occasion requiring the flags to be lowered to half-staff, administration staff shall immediately notify on duty personnel at District facilities of the event and the duration of which the flags should remain lowered. Staff shall raise the flags to its peak for a moment prior to lowering them to half-staff in accordance with flag etiquette. As no other flag should be flown above the United States Flag, it shall be lowered last and raised first. The Fire Chief or designee shall also notify the Directors of the Board when flags are lowered to half-staff and the reasons for the lowering.

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BOARD OF DIRECTORS AGENDA ITEM NO. D-1

Meeting Date: March 4, 2013 Subject/Title: Discussion of Policy on Disposition of Surplus District Real Property Submitted by: Hugh Henderson, Fire Chief RECOMMENDATION FOR ACTION Discussion of policy on disposition of surplus District real property and provide direction to staff. PREVIOUS ACTION None SUBJECT BACKGROUND At the February 4, 2013 Board of Directors meeting, the board had its first discussion regarding this subject. The board requested staff to provide further information in the following areas:

• Provide estimates of values of the property • Obtain estimates of the least potential of the property • Evaluate the use of a closed station as the District office

In July 2010 the District closed the downtown Discovery Bay station (58) and the Byron fire station (57) as part of budget constraints and cost savings measures. The District continues to maintain both fire stations. Station 57 is located at 3024 First Street in Byron. The fire station was built in 1959 and the parcel is approximately 1 acre. There are two buildings on the property; the main station and a metal building with three garage bays. Using two local realtors comparable properties have sold in the area between $125,000 and $200,000. Station 58 is located at 1535 Discovery Bay Blvd. in Discovery Bay. The fire station was built in 1980 and the parcel is approximately 1 acre. There is just one main building on the property. Using to local realtors comparable properties have sold in the area between $200,000 and $300,000. Currently commercial property within the fire district is leasing on average between $1.00 and $1.50 a square foot. There was discussion at the last board meeting by both public comment and the Directors to research the feasibility of moving the district office (which is currently leased on a monthly basis and located at 134 Oak St. in Brentwood) to one of the closed fire stations. Staff used a local general contractor to evaluate the needs/requirements to move the district office to station 58 in Discovery Bay. The contractor found four major areas that would need improvement within the fire station:

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1. Converting the three existing bedrooms and living rooms into office space and address the needs of each workstation including HVAC, telephone, Internet, lighting, flooring, and window covering.

2. Converting the existing kitchen into a copy/file room and addressing the needs for lighting, Internet, and telephone.

3. Converting existing front entrance door into a reception/administrative assistant office and addressing the needs of HVAC, telephone, lighting, and ADA requirements.

4. Upgrading current bathrooms to meet ADA requirements.

Rough estimates for the above improvements to the fire station (not including engineering plans, permits and fire protection systems) is $75,000. The above estimate does not include the City of Brentwood IT staff moving the district IT equipment from Brentwood to Discovery Bay or the move of the district’s phone system to the new location. There would also be moving costs and the necessary changes in stationery. District staff has started work with the County Administrators office to make necessary changes in title of all the districts properties that are still in the name of Contra Costa County. It’s estimated that the change in titles will take 8 to10 weeks to process. The District does not currently have a policy on the use or disposition of its surplus real property. If the Board wishes to consider the disposition of surplus real property, staff requests that you provide direction on a draft policy for further discussion at the April 1, 2013 Board meeting.

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BOARD OF DIRECTORS AGENDA ITEM NO. D-2

Meeting Date: March 4, 2013 Subject/Title: Establish Date for District Workshop and Approve Workshop Agenda Submitted by: Hugh Henderson, Fire Chief RECOMMENDATION FOR ACTION Establish Date for District Workshop and Approve Workshop Agenda PREVIOUS ACTION SUBJECT BACKGROUND At the February 4, 2013 Board of Directors meeting, there was discussion for the need to have a workshop/workshops to go through the history of the district and pass board actions since the change in governance in February 2010. Staff recommends having a Saturday workshop in March to cover the following areas;

• History of the District • Organizational structure • Current service model and District infrastructure • District finances-revenue and expenses • Revenue enhancement options • Review of Districts parcel tax in June 2012 (Measure S) • Discussion of District goals and objectives for the upcoming year • Next steps

Staff proposes having a workshop on either March 16th or 23rd, 2013 starting at 9:30 a.m. in the classroom at Station 93, 530 O’Hara Avenue, Oakley. Attachment: Draft agenda

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BOARD OF DIRECTORS AGENDA ITEM NO. D-3

Meeting Date: March 4, 2013 Subject/Title: Receive Operational Update for February 2013 Submitted by: Hugh Henderson, Fire Chief RECOMMENDATION FOR ACTION Receive operational update for February 2013 PREVIOUS ACTION At the June 25, 2012 Board of Directors meeting, the board approved by Resolution 2012–10 the Preliminary Operating Budget for fiscal year 2012/2013. The preliminary operating budget reduced staffing levels from 48 personnel to 27 personnel and closed three fire stations. On August 29, 2012, the Board approved by resolution to accept the 2011/12 SAFER Grant. The grant period started November 18, 2012 and will end November 17, 2014. On November 18, 2012 at 8 AM the District reopened Fire Station 94 in Knightsen as part of the SAFER Grant. The crew of three consists of a Fire Captain, Engineer, and Firefighter. This changes our service model from three stations to four stations. SUBJECT BACKGROUND The staff report is to give you a summary of the activities throughout the District for the month of February. Calls for service: In reviewing the calls for service for the month of February there were a total of 487 calls with an average response time of 7:18 minutes. Comparing this to the month of January, the District ran 572 calls with an average response time of 7:10 minutes. In the calendar year of 2012 the District ran 6303 calls for service with an average response time of 6:54. Looking at the response times by stations:

• Station 52-John Muir Parkway Brentwood, had 141 calls in the month of February with an average response time of 6:48 minutes. In January there were a total of 159 calls with an average response time of 6:50 minutes. In the calendar year of 2012 the station ran 1748 calls for service with an average response time of 6:10.

• Station 54-Downtown Brentwood (closed 7-1-2012), had 121 calls in the month of February with an average response time of 7:36 minutes. In January there were a total of 115 calls with an average response time of 7:38 minutes. In the calendar year of 2012 the station ran 1345 calls for service with an average response time of 6:35.

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• Station 59-1685 Bixler Rd Discovery Bay, had 58 calls in the month of February with an average response time of 7:32 minutes. In January there were a total of 55 calls with an average response time of 7:50 minutes. In the calendar year of 2012 the station ran 786 calls for service with an average response time of 8.44.

• Station 93 530 O’Hare Ave Oakley, had 141 calls in the month of February with an average response time of 6:26 minutes. In January there were a total of 175 calls with an average response time of 6:03 minutes. In the calendar year of 2012 the station ran 1801 calls for service with an average response time of 6:17.

• Station 94-15 A St Knightsen, had 8 calls in the month of February with an average response time of 6:10 minutes. In January there were a total of 16 calls with an average response time of 6:14 minutes. In the calendar year of 2012 the station ran 149 calls for service with an average response time of 9:12

• Station 95- 3045 Ranch Ln Bethel Island (closed 7-1-2012), had 21 calls in the month of February with an average response time of 12:09 minutes. In the month of January there were 36 calls with an average response time of 11:33 minutes. In the calendar year of 2012 the station ran 338 calls for service with an average response time of 9:34.

• Cal-Fire Station 16-Marsh Creek Morgan Territory had 16 calls in the month of February with an average response time of 13:39 minutes. In January there were a total of 11 calls with an average response time of 9:00 minutes. In the calendar year of 2012 the station ran 161 calls for service with an average response time of 9.00.

Auto aid: In the month of February the district received auto aid from Contra Costa County Fire 33 times with them sending 54 units. The District sent auto aid to Contra Costa County Fire 14 times providing them with 18 units. During the month of January, Contra Costa County Fire came into the District 28 times with 41 units and we responded into Contra Costa County Fire 9 times with 9 units. In 2012 the District received auto aid from Contra Costa County Fire 389 times with them sending 518 units. The District sent auto aid to Contra Costa County Fire a total of 167 times and 194 units.