By Bryan Scott

The residents of Brentwood and Oakley, as well as of the communities of Bethel Island, Byron, Discovery Bay, Knightsen, and Morgan Territory, are being underserved by the East Contra Costa Fire Protection District (ECCFPD).

This is a fact that’s been well documented in Grand Jury reports, by a government task force, by the county’s Local Agency Formation Commission (LAFCO), by industry consultants, by the media, and by ECCFPD itself.

The cause is equally well known.  Fire districts in California are funded with property taxes, at an allocation rate set following the passage of Proposition 13 in 1978.  This rate has not changed, even though the East County area has experienced a 1,500% increase in population.

According to a LAFCO report, funding for fire and emergency medical services provided by ECCFPD is $94 per-person, while these same services are funded at a rate of $370 and $449 per-person in central parts of the county.

How does our district compare with other areas of Northern California that have experienced rapid growth?  Remember, property taxes are levied at the same rate everywhere in California.

Lathrop is a valley town along Interstate-5, west of Manteca and to the east of Brentwood.  It is between Stockton and Tracy, in San Joaquin County.

Because of its location it has experienced significant growth, and continues to grow.  From 2000 through 2016, according to the US Census Bureau, it grew by 97%.   Lathrop’s 2016 population was 22,073, and the city expects to be at 35,000 by 2020.

Lathrop is part of a 100 square-mile, mostly rural, area served by the Lathrop-Manteca Fire District (LMFD).  Recently LMFD said the district served over 30,000 total area residents.  The district has four fire stations, 33 career fire fighters, and 25 reserve/volunteers.

The size, population make-up, growth patterns, and staffing, all combined, make LMFD look like a smaller version of the ECCFPD,  perhaps similar to what ECCFPD’s predecessor, the East Diablo Fire District, might have looked like, maybe 15 years ago, when it served just Brentwood and rural parts of Contra Costa County.

The fire and emergency medical services that LMFD provides are funded at a rate of $316 per resident (2016), compared to the $94 per-resident for ECCFPD.  Let that sink in a moment.

The LMFD average response time for the city of Lathrop during 2016 was 4:23 minutes or 5:29 minutes, depending on which of two fire stations responded to the call.  For ECCFPD, during the same 2016 calendar year, average response time to the Brentwood West area was 7:26 minutes, and to the Brentwood East area 7:24 minutes.

One could say that Lathrop’s total average response time (4:56 minutes) was about two and one-half minutes less than Brentwood’s total average response time (7:25 minutes).  This is according to figures published on the websites of both fire districts.

A lot can happen in two and one-half minutes, 150 seconds.  Try holding your breath for that long.  Wait.  Don’t do that, you’ll die.

East County has one State Senator and one Assembly Member.  As far back as 2016, September 14, 2016, to be exact, ECCFPD sent letters to both of these elected leaders, pleading for help with this funding crisis.

The East County public safety emergency, caused by this funding crisis, is on-going, Senator Glazer and Assembly Member Frazier.  It is past time to address this situation.

Bryan Scott is Co-Chair of East County Voters for Equal Protection, a non-partisan citizen’s action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is https://www.facebook.com/EastCountyVoters/.  

By ECCFPD Fire Chief Brian Helmick

I would first like to wish everyone a Happy New Year and hope your holiday season was enjoyable while allowing you a chance to reset before the busy year ahead.

In April of 2017, I was named the Interim Fire Chief for the East Contra Costa Fire Protection District and was appointed by the Board of Directors as the permanent Fire Chief in October. As I worked on getting up to speed with all the functions of the Fire Chief position, I found that the year was really about working to stabilize our service level and establishing a solid foundation upon which to build future service improvements.

When I started in April of 2017, it was apparent that there were many systems and processes that needed to be improved. Initially, my primary objectives were addressing the District’s retention challenges and assuring that the District operated as efficiently as possible with the revenues available. This required transitioning the District to a three-station operation model (although the current District Mater plan calls for 9 stations to adequately serve the District).

The District has a long road ahead in its effort to improve service to our customers. I believe the District’s staff has made good strides and begun to build a solid foundation for future growth. I am a firm believer in working as a team. What we have done over the past nine (9) months within the District internally is give our line-personnel additional responsibility and a voice in the future of the District. Specifically, we created several line staff committees where decisions can quickly move up the chain of command to accomplish tasks much faster. Some of the District’s internal committees include: operations committee, technology committee, public relations / information (PIO) committee to name a few. These committees not only improve communications but ultimately improve the level of service the District provides to the communities the District serves.

Here is a summary of some of our 2017 accomplishments:

• Internal Audit Discovers Additional Funding: as the new Fire Chief, one of the first priorities was to understand the District’s financial processes and assure the District was operating as efficiently as possible with the revenue that is provided to the District. After many countless hours, meetings, and seeking professional assistance, $6.2 million in one-time funding was identified from the past three budget cycles. These monies will be used on one-time expenses in the near future, including facility improvements and equipment replacements. As of this notice, the District has not utilized any of the $6.2 million one-time funds and we will not do so until all external District audits are complete. In addition to identifying these onetime funds, the District has established a balanced budget that is sustainable for at least the next ten (10) years.

• Improved Capital Replacement Funding: We have established a facility and equipment based capital reserve funding program and are in the process of replacing worn equipment and refurbishing our long-neglected facilities. In the near future I will begin to share how antiquated the District’s infrastructure (stations, equipment, engines) is and what challenges the District will have as we work to increase services.
• Restructured the Organization: We have successfully transitioned to a three-station operation model and increased administrative staffing. This has provided a strong financial base to build future improvements on and assures adequate personnel to guide the District on its path to improved service levels. The addition of administrative staff will assure we complete budgeting and auditing functions in a timely manner, move forward on developing a service improvement plan, and stabilize our current service level.
• Improved Communications: in 2017, as a District, we began to take control of our own messages and sharing our story with the citizens we serve. We invested heavily in re-launching our own website (www.eccfpd.specialdistrict.org) where citizens can now live stream board meetings and obtain relevant and up to date information on the District. In addition, we have launched several new and updated social media pages on behalf of the District. The Social Media channels now available for citizens to get relevant and up to date information about the District are:

o Facebook https://www.facebook.com/EastContraCostaFireProtectionDistrict

o Instagram https://www.instagram.com/east_contra_costa_fire/

o YouTube https://www.youtube.com/channel/UCUo1LReabUPEcz5BL0Awn5g

o Twitter https://twitter.com/eccfpd

o Nextdoor

• Partnered with California Fire Foundation to supply aid to victims: ECCFPD, in cooperation with International Association of Fire Fighters Local 1230 and the California Fire Foundation, can now provide emergency financial assistance to fire and natural disaster victims. The goal is to provide immediate short-term support in the aftermath of a fire or other natural disaster which displaces victims.
• Public Outreach: Our firefighters have begun visiting schools, preschools and attended many community events as well as hosted a series of our own events such as fire station open houses, Santa visits, and health and safety fairs. This was aimed at becoming more visible to the public. 2017 was just the start; in 2018 we have a calendar full of events we will be participating in.
• Station 53 Name Change: To better reflect a District identity, we changed the identifying number of Station 93 to Station 53 to ensure all stations in Battalion 5 were in the same numeric sequence. Upon additional station growth, those stations will also be in the 50 series.
• Strike Teams Established: For the first time in more than a decade, our District was able to assist other fire districts on major fire calls. In a period of two months, our District sent an engine in October to the Napa/Sonoma County Fires. In December, we sent an engine to Southern California to the Creek Fire in Los Angeles County and the Thomas Fire in Ventura/ Santa Barbara counties. The crews worked to save the Wildlife Way Station north-east of Los Angeles and protected several hundred exotic animals.
• New Turnouts: You may have noticed a new look to our firefighters as they recently switched to black turnouts (Protective uniform clothing). Our old turnouts are at the point of not meeting safety requirements. As of this release, all personnel’s turnouts are being replaced as part of the new capital replacement funding program. Traditionally, we have worn tan turnouts, but the black ones were something our line personnel wanted, plus the color change was a cost neutral decision.
• Firefighter Retention: Late in 2017, our fire board approved a new union contract which includes a pay raise that more fairly compensates our firefighters for the lifesaving work they perform. Although we are still the lowest paid, among other surrounding fire districts across the Bay Area, the gap has significantly closed which should help with our retention issues. The new contract also includes a 50%-50% sharing of future health care costs for active and retired fire fighters. This will significantly reduce the cost of our healthcare liability.
• Critical Incident Management: Firefighting is a demanding profession and it can take a toll on our firefighters. In 2017 the District worked to improve the Districts Critical Incident Management and Peer Support team and brought on a Voluntary Fire Chaplain and mental health professionals to provide support to our members•
• Planning for the Future: The District is well on its way to developing a strategic implementation plan for improving the level of fires service within the District. We have retained a legislative consultant to establish a relationship with the state legislature, are in the process of retaining a strategic planning consultant, and will be developing a long-term funding and implementation plan to increase fire district services in the future.

These are just some of the highlights and achievements the District accomplished in 2017 and we look forward to improving the District in 2018. In 2018, we have many initiatives on our plate which include potentially moving to a five-member elected fire

board, developing a strategic plan to increase service levels, and improving the District’s infrastructure so we can build upon it when / if additional revenue becomes available.

As a District, we are always seeking public comments and participation. I encourage and recommend that all ECCFPD’s citizens and business owners become engaged with and learn about ECCFPD’s current service level restrictions and organizational challenges. This can be accomplished by becoming familiar with ECCFPD’s: website, Master Plan, social media channels and attending District meetings.

I look forward to a productive 2018 and continuing to push this District forward towards a higher level of service.

ABOUT THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT: The East Contra Costa Fire Protection District is a rural-funded fire district that protects approximately 249 square miles and over 114,000 residents. The District provides firefighting personnel and emergency medical services (basic life support) to the residents and businesses of the Cities of Brentwood and Oakley, the Township of Discovery Bay, and the communities of Bethel Island, Knightsen, Byron, Marsh Creek, and Morgan Territory.

As of July 1, 2017, ECCFPD has three (3) fire stations staffed by three (3) firefighters, for total district staffing of nine (9) firefighters per day. The district responds to over 6,900 calls a year that depend on approximately 9,000 fire engine responses. ECCFPD’s Master Plan calls for nine (9) stations to adequately provide coverage to the District’s citizens and businesses.

You can visit us on the Districts website, www.eccfpd.org or through our social media pages on Facebook (East Contra Costa Fire Protection District), Instagram (@east_contra_costa_fire) , Twitter ( @ECCFPD ), Nextdoor and our YouTube channel (East Contra Costa Fire Protection District) for more information on the Fire District.

By Bryan Scott

Are the children of Brentwood and Oakley worth one-fifth what the children of Orinda and Moraga are worth?

Are the retirees of Brentwood’s Summerset and Trilogy developments worth one-fourth as much as the retirees in Danville and San Ramon?

The East Contra Costa Fire Protection District (ECCFPD) receives $94 in funding per-resident to protect lives and property in East Contra Costa County, while the two fire districts protecting the just mentioned central county areas are funded at $370 and $449, per-resident.

Let that sink in for a moment: $94 versus $370 and $449 per-resident.

The San Ramon Valley Fire Protection District receives $370 of per-resident funding to protect the lives and property of residents in its community, and the Moraga-Orinda Fire Protection District receives $449 per resident to do the same thing.

This is according to Page 32 of the EMS/Fire Services Municipal Services Review of August 3, 2016, prepared for the Contra Costa County Local Agency Formation Commission (LAFCO).

Is this unequal funding of an essential government service fair?  Is it legal?

After all, residents of East Contra Costa pay the same property tax rate as those residents of Central Contra Costa, and all fire districts are primarily funded with property taxes.  Should not the benefits of the California tax laws apply equally to all citizens?

The Fourteenth Amendment to the U. S. Constitution includes this sentence:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

By providing the ECCFPD with such a low level of funding, are we in East County suffering from reduced “privileges or immunities?”   Of course, we are.

The U.S. Supreme Court has ruled that:

“When a state distributes benefits unequally, the distinctions it makes are subject to scrutiny under the Equal Protection Clause, and generally a law will survive that scrutiny if the distinctions rationally further a legitimate state purpose.”   Zobel v. Williams, 457 U.S. 55 (1982)

The California Supreme Court has stated that funding of another government benefit, education, based on geography violates the Equal Protection Clause of the Fourteenth Amendment.

“We are called upon to determine whether the California public school financing system, with its substantial dependence on local property taxes and resultant wide disparities in school revenue, violates the equal protection clause of the Fourteenth Amendment. We have determined that this funding scheme invidiously discriminates against the poor because it makes the quality of a child’s education a function of the wealth of his parents and neighbors. Recognizing as we must that the right to an education in our public schools is a fundamental interest which cannot be conditioned on wealth, we can discern no compelling state purpose necessitating the present method of financing. We have concluded, therefore, that such a system cannot withstand constitutional challenge and must fall before the equal protection clause,” the California Supreme Court said. Serrano v. Priest, 487 P.2d 1241 (Cal. 1971)

The California Health & Safety Code, Section 13801, reads in part:

“The Legislature finds and declares that the local provision of fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, and other services relating to the protection of lives and property is critical to the public peace, health, and safety of the state. “

Not only is this difference of funding unfair, it is illegal.  Action needs to be taken to resolve this “public safety emergency,” to use Assembly Member Jim Frazier’s description of the situation.

Lives and property are unfairly at risk, unlawfully at risk.

Brentwood resident Bryan Scott is Co-Chair of East County Voters for Equal Protection, a non-partisan citizen’s action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.  

By Bryan Scott

Residents of Eastern Contra Costa County are being poorly served by local politics.  It is as clear as the nose on your face, to use a hackneyed cliché, and was illustrated earlier this month at the East Contra Costa Fire Protection District (ECCFPD) Board meeting.

During the month of September ECCFPD had no resources to respond to emergency calls for a total of 16 hours and 33 minutes, it was revealed at the Board of Directors meeting on September 2.

According to the Operational Update, delivered to the Board by Interim Battalion Chief Ross Macumber, six calls came in during this period, and all were calls for medical assistance.

“Sixteen hours and 33 minutes without coverage, that’s a new record for the district,” said Director Joe Young.

Joel Bryant, ECCFPD Board President and Brentwood Vice Mayor, also commented on the situation.

“It’s a bad situation that we’re in,” he said, referring to September’s lengthy time period when 114,000 residents were without ECCFPD fire and emergency medical services coverage.

Six 9-1-1 calls came in during the period when ECCFPD was unresponsive, and all were for medical assistance.  Responses to the calls came from Contra Costa County Fire Protection District (ConFire) and the California Department of Forestry and Fire Protection (CalFire).

The Operational Update does not indicate the locations where these first responders came from, or how long it took to arrive on scene at these medical emergencies.  What impact this delayed response time had on each of the medical outcomes was also not included in the report.

Fire and emergency medical services in East County are funded at just $94 per person, while residents in central parts of the county have the same services funded at rates of $370 and $449 per person, according to a June 2016, LAFCO report. Funds are distributed to government entities based on state law.

The fire district’s low funding rate has caused ECCFPD to cut staff and close fire stations at a time when East County is experiencing significant residential and commercial growth.

A government Task Force and the CCC Grand Jury have both reported extensively on the funding crisis, while Assembly Member Jim Frazier has called the situation a “public safety emergency.”

One solution to the problem is the reallocation of currently collected property taxes.  A recent memorandum prepared by ECCFPD legal counsel outlined the history of other such state-directed funding changes, and found no legal barriers.

But would the Directors of ECCFPD the support such a solution?

All nine members of the Board are appointed by other government agencies that would lose funds, should a reallocation effort be implemented.  Two Board members, President Joel Bryant and newly-appointed Director Susan Morgan, serve on the legislative bodies of other government agencies which receive property tax funds.

President Bryant is the Vice Mayor of the agency that appointed him to the fire board, the City of Brentwood.  And Director Morgan, appointed to the fire board by Oakley, is President of the Ironhouse Sanitary District Board of Directors.

Any funds reallocated to the fire district would come from these, and other, government agencies.  Is there a conflict of interest here?

For six hours and 36 minutes on the Labor Day Holiday, Monday, September 4, when four emergency calls came in, the ECCFPD service area of 249 square-miles was without ECCFPD coverage.

And yet at the October ECCFPD Board meeting, over two and one-half hours in duration, no discussion of ways to improve funding took place.

Just how interested in improving district funding is this Board?

Brentwood resident Bryan Scott is Co-Chair of East County Voters for Equal Protection, a non-partisan citizens action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.