End in sight for East Bay fire district? West County agency could lose independence

HERCULES — Despite some calls to let voters decide the fate of the Rodeo-Hercules Fire District’s independence, the agency’s board is beginning the process of being absorbed by the Contra Costa County Fire Protection District.

Rodeo-Hercules Fire District board members are expected to vote on an annexation resolution July 31 after a majority of members agreed last week to direct staff to begin to draft the policy. The Contra Costa County Board of Supervisors, which provides oversight of ConFire, would vote on a similar resolution around the same time.

Following both votes, an application seeking to change ConFire’s boundaries would be submitted to the Contra Costa Local Agency Formation Commission. Leaders of both fire districts would then begin preparing for the shift, ConFire Chief Lewis Broschard said during the special July 10 meeting.

“Once the application is submitted, we don’t waste any time and we get to work on the nuts and bolts that we’ll need to actually make the transition happen,” Broschard said.

Lou Ann Texeira, executive director of the Contra Costa LAFCO, said a three-month minimum review process takes place before the commission would hold a public hearing and vote on the application.

An election could be held if written protest statements are submitted by at least 25 percent of registered voters or at least 25 percent of landowners owning at least 25 percent of assessed property within RHFD’s jurisdiction, she said.

Elections related to annexations do happen but are not typical, Texeira said.

Some residents living in the RHFD’s boundaries have called for an election that would allow residents to make the decision on annexation rather than the board. Among those making that call is Maureen Brennan, a member of a committee with oversight of Measure O, a parcel tax approved by RHFD voters in 2016 to support the district’s two fire stations.

The tax is expected to bring in about $2.6 million in fiscal year 2024-25, contributing to about $10.2 million of revenue. Meanwhile, the district estimates it’ll spend $10.5 million that same fiscal year. Expenses are also expected to outpace revenue in future years, district officials have said.

A staunch opponent of annexation, Brennan has routinely argued during two recent town halls and the most recent special meeting that the district has adequate funding to remain independent. Rather than opt for annexation, Brennan and other commentators have said board members should focus on seeking additional funding sources, asserting the district hasn’t received its fair share of taxes paid by the Phillips 66 San Francisco Refinery, located in Rodeo.

RHFD Director Charles Davidson, the only member to side against asking staff to return with an annexation resolution, appeared to agree. After calling the Contra Costa Auditor-Controller Office and reviewing documents, Davidson said it’s still unclear to him where refinery tax dollars are going.

“If we have all this extra money here from the refinery, and we’re not receiving it, I see that as a serious problem that has basically undermined the district for a couple decades,” Davidson said.

Director Robyn Mikel pushed back on Davidson, asserting the district already receives ConFire services subsidies by those currently living in ConFire’s district and any further delays could lead to “catastrophe.”

“We don’t have time,” Mikel said. “Are we waiting for a catastrophe because that’s what going to happen.”

Concerned about both timing and ensuring the district is getting its fair share of revenue, Director Marie Bowman said district officials should use LAFCo’s three month review period to reach out to the county and explore the issue.

Regardless of whether RHFD is annexed into ConFire or not, Bowman said those potentially missing tax dollars should be spent in the district, especially given the oversight services the district provides to Phillips 66.

“It would be very good on many levels for us to us to get our fair share of the tax appropriation allocation for our community, and to go back and ask and remind them that we are here, we do provide these services and we’d like our fair share,” Bowman said.

Board Chair Delano Doss appointed himself and Davidson to an ad-hoc committee that would review the annexation process and appointed Davidson and Bowman to another ad-hoc committee charged with review the refinery tax revenue matter.