HomeMy WebLinkAboutRESOLUTIONS - 01272003 - 99-293 M i
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 8, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER,and CANCIAMILLA
NOES: NONE
ABSENT: SOPERVISOR DESAULNIER
ABSTAIN: NONE
SUBJECT: Ratification of Modified )
Moraga-Orinda l=ire ) Resolution No. 99/293
Protection District Ordinance )
No. 99-1. }
The Board of Supervisors of Contra Costa County Resolves:
The Moraga-Orinda Fire Protection District has requested that the Board of
Supervisors consider and take action concerning the application of Its Ordinance No.
99-1 within the unincorporated portions of Contra Costa County contained within that
district. After consideration of the proposed Ordinance No. 99-1 and county staff
reports and comments provided thereon, this Board hereby takes action, finds,
modifies, clarifies, and ratifies Ordinance No. 99-1 as follows:
1. Ratification - Section 2. Legislative Findings and Declaration.
Ordinance No. 99-1 as hereinafter modified and/or clarified Is hereby ratified.
In taking this action, the Board has not reviewed and passed upon the "Legislative
Findings and Declaration" of its Section 2 which have been presented by the district or
other documentation nor has it reviewed and passed upon the scope of the district's
Health and Safety Code regulatory authority.
2. ,§103.3.2.5 Review of Certain Plans (Mod>fieW. This section Is modified to clarify
that it does not mandate the performance or non-performance of any act by the county
and its planning agency, officers and employees but county staffs are hereby directed
to cooperate to the greatest reasonable extent (subject to applicable county and state
rules and regulations) with the district concerning the subjects of this section and
Ordinance No. 99-1.
3. §901.4.5.6 Street Names and Addressing (Modified). Same as §103.3.2.5 above
except that the County fully retains its authority pursuant to law to determine
unincorporated area street names and addresses.
Resolution No. 99/293
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4. §§902.2.2.1. 902.2.2.3. 902.2.2.6 & 902.5 Access (Modified). These sections are
modified to clarify that nothing in them shall prevent the county from legislating or taking
administrative action in this area of regulation to the extent otherwise allowed by law.
These modifications are made to retain the county's ability to require uniform
unincorporated area regulations such as public road Improvements, widths and access.
expected limited to the reservation of County discretion Involving the provision of water
of domestic use.
5. §§903.2. 903.3 & 903.3.1 Water suooly. Same as paragraph 4 above except limited
to the reservation of County discretion involving the provision of water of domestic use.
6. §05204.5.2. 7701.7.2. 7902.2.2.1 &7904.2.5.4.2 (Mo_._difilM. These sections are
modified to clarify that where any applicable Contra Costa County health and safety
regulations and these fire code regulations conflict, the most restrictive provisions will
prevail to the extent permitted by law.
7. §8001.1.1.1, Coordinated Enforcement(Modified). This section is modified to clarify
that the district has no legal authority to prescribe the governmental discretion and
actions of the county and its officers and employees but, as stated above, county staffs
are directed to cooperate to the greatest reasonable extent(subject to applicable
county and state rules and regulations)with the district concerning this section and
Ordinance No. 99-1.
Board Clerk Duties. The Clerk of this Board (pursuant to Health and Safety
Code §13869.7) shall within 15 days of the adoption of this resolution provide a certified
copy of it to the Moraga-Orinda Fire Protection District. The district shall make any
required filings of copies of any district provided adopted findings and Ordinance No.
19-1 expressly marked and identified to which each finding refers (together with a copy
of this resolution)with the California State Department of Housing and Community
Development and the California Building Standards Commission..
Orig. Dept: County Counsel
cc: County Administrator
Building Inspection +hereby certify that this isetruorne«m�ctc n►ot
an action talo red"enteon tho minutoa of the
Community Development 80"at SUMVISOM on the dV
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Moraga-Orinda Fire Protection District A ,moi : rc �.o Clerk 61 the Dowd
Health Services Department a eu ""°County'"dam
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By
Resolution No. 99/ZL
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