BRENTWOOD — Military veterans in Brentwood are pushing back on a plan to construct a new downtown fire station, claiming that the site, which is next to a veterans memorial hall, has been “historically and legally” designated for veteran use only.

While the veterans support the need for a new station, they argue that Contra Costa County is overstepping by reallocating land purchased nearly a century ago through a special tax established in 1922 “for the purpose of building Memorial Halls in Contra Costa County for the use of American Legion Posts and ex-servicemen.”

Brentwood Veterans Memorial Building Secretary Donald Hester said the Contra Costa Board of Supervisors approved the special tax on March 20, 1922. In 1923, the county purchased the land parcel for the veterans memorial hall, which was completed in 1925.

Hester said that the property on which the memorial building and proposed Fire Station 94 are located was purchased to benefit veterans, providing them with a dedicated space to gather and serve their community. He said that any deviation from the property’s original intent is a misuse of taxpayer funds.

“This is to protect the taxpayers. If you’re a taxpayer and if the (county) is going to tax you to (build) a school, and say we need a fire department now, so we are going to take part of the property that was for the school and turn it into a fire station,” said Hester. “Taxpayers would be rightfully upset because now (the county) is misappropriating those funds.”

He noted that the property’s lot line was shifted to accommodate the size of the new fire station.

“They want to take more land every time they expand and change the building. They’ve taken more land from the veterans,” said Hester.

Daniel Duran, president of the Brentwood Veterans Memorial Building board and commander of American Legion Post 202, said the construction of Fire Station 94 will also reduce parking spaces on First Street and take away the option of closing streets for community events such as parades and farmers market held every Saturday. He said it also disrupts the alleyway and loading zones for local businesses.

“We have no problems with having a fire station, but at least explain to us why it needs to be in this location,” said Duran.

Aaron McAlister, deputy fire chief of the Contra Costa County Fire Protection District, said the new fire station with two bays will provide much needed fire and medical services for residents.

McAlister said they will also be a partner with and participate in downtown events, and make accommodations for any street closures. He said the fire service does not anticipate any impact from the loading zones in the alley, as the previous fire station had access to alleyways.

He noted the fire district operates fire stations in many downtown areas with high-density communities in the county.

“We’re used to dealing with tight spaces. Our drivers are used to dealing with those situations,” said McAlister.

The fire district has already spent about $1 million on the project.

“We have awarded a contract to a general contractor to build this fire station to bring services to downtown Brentwood,” said McAlister.

Brentwood Veterans Memorial Building board members hope the Brentwood Planning Commission will next month deny plans for Fire Station 94, which is estimated to cost $12 million. Once approved, construction could begin in early spring.

Contra Costa County Supervisor Diane Burgis’ legal counsel clarified that while the county is obligated to provide a building for veterans in Brentwood, state law does not give veterans a property right in the building that would prevent the county from adjusting the lot line on the property.

“The county used the tax proceeds to purchase the property at 757 First Street in 1923. When it purchased the property, the county became the property owner,” said the legal counsel in an email. “As long as the county provides a building for veterans to use, the county may take any action authorized by law with respect to the property, including adjusting the lot line, because the county is the property owner.”

The Press reported in 1937 that the county built a fire station on the portion of the parcel purchased where veteran volunteer firefighters had served. However, there is no record showing that the fire department subleased the property from the American Legion.

Hester said there is only an old newspaper article stating there is a sublease from the veterans to create the fire station.

Last year, Burgis announced that Fire Station 94 would replace the obsolete Fire Station 54, which was previously used by East Contra Costa Fire.

Burgis said the fire station is a vital project that will benefit Brentwood and county residents as it will have the “highest level of professional fire protection in our history.”

She explained that the requirements for larger garages, modern earthquake standards, and other necessities would require a larger footprint for Fire Station 94 than the existing fire station, which had been there for decades.

“As a result, a small portion of county-owned land next to the Brentwood Veterans Memorial Building is necessary for the construction of this life-saving resource,” said Burgis in a statement to this news organization. “The county owns the land and is legally authorized to transfer it through a lot line adjustment to the fire district for the new fire station.”

Burgis said the transfer of land to the Contra Costa County Fire Protection District will not interfere with the veterans and the continued use of the veterans memorial building, which is also owned by the county.

She said the county leased the veterans memorial building to its board of trustees for $1 annually.

“The county has earmarked approximately $350,000 in funding for improvements to the veterans memorial building,” said Burgis.