HomeMy WebLinkAboutMINUTES - 09101991 - 2.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 10, 1991, the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None.
ABSTAIN: None
SUBJECT: Request for Appeal Hearing
The Board received from Gloria J. Husick, attorney, 7080
Donlon Way, Suite 222, Dublin, 94568 , a letter dated August 28 ,
1991 , requesting on behalf of her client, Ronald W. Harrison, a
hearing before the Board of Supervisors to appeal the July 11,
1991 decision. of the Board of Commissioners, Moraga Fire
Protection District, on the application of weed abatement
procedures to Parcel Nos . 255-120-09 , 255-240-13, and 255-130-03 .
V.J. Westman, County Counsel, called attention to the fact
that when the Board of Supervisors as the Governing Body of fire
protection districts became involved with weed abatement
proceedings approximately 20 years ago, a decision was made at
that time to allow the fire chiefs of the various districts to
give the notices for abatement and included the provision for
.administrative appeals to be made directly to the boards of fire
commissions . In other words, the Board by ordinance(s ) has
delegated and, vested this weed abatement appellate authority for
particular parcels in the commissions with no ordinance(s )
provision for further appeal to the Board.
Further, County Counsel noted that the various boards of
fire commissions have heard numerous hearings on weed abatement
proposed for particular parcels and that appeals on the
commission' s decisions have not been specifically presented to
the Board of Supervisors as an appeal because this Board has not
by ordinance retained that appellate authority. Mr. Westman
advised it would first be necessary to amend the involved
ordinance( s ) to allow Board review of particular parcel
commission weed abatement decisions . He recommended this request
for hearing not be the occasion for such consideration and not be
scheduled for such.
Chairman. Powers advised that prior to considering the
request of Ms . 'Husick, he requested the Board to determine if it
wants to continue its current ordinance(s ) provisions vesting
authority for particular parcel weed abatement matters in the
fire chiefs and commissioners .
On motion of Supervisor Fanden, seconded by Supervisor
Schroder, and. unanimously approved by the Board, IT IS ORDERED
that the authority delegated to boards of fire commissioners is
REAFFIRMED and the Board will not consider amending the involved
ordinance(s ) . The Chair then announced that the Board will not
schedule a hearing on the request submitted on behalf of Ronald
W. Harrison.
IT IS FURTHER ORDERED that the contract for weed abatement
work previously authorized in the Moraga Fire Protection District
is approved and awarded to Howard Gardner (Howards Grading &
Excavating) and the Fire Chief and County Counsel are further
authorized to take whatever legal action( s ) is necessary for
completion of the subject weed abatement work.
cc: G. Husick
County Counsel 1 hereby certify that this is a true and correct copy of
Chief , Moraga FPD an action taken and entered on the minutes of the
County Administrator Board of Supervisors on the date shown.
ATTESTED: ' /y, � 9�,. ..
PHIL BATCHELOR,Clork of the Board
of Supervisors and County Administrator
By �i= Deputy