HomeMy WebLinkAboutMINUTES - 03011994 - IO.5 "TO: BOARD OF SUPERVISORS I.O.-5 s---.L Contra
FROM:. INTERNAL OPERATIONS COMMITTEE „ Costa
Q s
x; County
DATE: February 14, 1994 r
qr
SUBJECT: REQUIREMENTS REGARDING THE STRUCTURE OF ALL FIRE COMMISSIONS
AND METHOD TO .RECRUIT FOR COMMISSIONERS ON THE MORAGA FIRE
PROTECTION BOARD OF FIRE COMMISSIONERS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. RATIFY the decision of the Internal. Operations Committee to
meet with the fire commissioners from the West County, Pinole,
Orinda, Contra Costa County; Riverview and Oakley Fire
Protection Districts ' -Boards. of Fire Commissioners on February
28, 1994 to discuss:
✓ What is going to happen to the six fire commissions if
the LAFCO application to consolidate these six fire
protection districts is approved?
✓ What type of Fire Commission should be formed to advise
the Board; of. Supervisors on the affairs of the newly
consolidated fire district and how should it be selected?
✓ What,' if anything, should be done between now and the
time the LAFCO application is approved about vacancies on
existing Fire Commissions?
2 . EXEMPT the Moraga Fire Protection District' s Board of Fire
Commissioners from the freeze on making appointments or
reappointments to boards of fire commissioners .
3 . SUPERSEDE, effective March 1, 1994, the past practice of the
Board of Supervisors to solicit nominations from the Town
Council of theTown of Moraga for four of the five. members of
the Board of Fire Commissioners of the Moraga Fire Protection
District and instead implement the following procedure. .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNT DMI I TR OR OMMENDATION OF BOARD COMMITTEE
APPROVE' OT R
SIGNATURE(S):
ACTION OF BOARD ON1994
APPROVED AS RECOMMENDED OTHER
All persons desiring to speak were heard. At the conclusion of the Board's discussion on this
matter,the-Board DECLARED its intent to approve the composition of the Board of Fire
Commissioners pending review by the Board of Commissioners of the Moraga Fire Protection
District and the Moraga City Council. In addition, the Board REQUESTED the County
Administrator to arrange for an afternoon workshop sometime in March at the former Work
Furlough Center in North Richmond, if at all possible.
VOTE OF SUPERVISORS
J HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE.DATE SHOWN. /
ATTESTED 'P/
Contact, PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page .3 SUPERVISORS AND COUNTY ADMINISTRATOR
BY /s ' DEPUTY
• e
I.O.-5
-2-
4 . ADOPT the following procedure for recruiting, screening, and
interviewing applicants to the Board of Fire Commissioners and
for making appointments to the Board of Fire Commissioners of
the Moraga Fire Protection District:
A. The County Administrator's Office will be responsible for
advertising for any vacancies on the Board of Fire
Commissioners of the Moraga Fire Protection District and
should coordinate those efforts with the Town Manager.
B. All applications for a seat on the Board of Fire
Commissioners are to be filed with the Clerk of the Board
of Supervisors .
C. At such times as the Internal Operations Committee is
considering applications for the Board of Fire
Commissioners, the Committee will be augmented with not
more than two members of the Town Council of the Town of
Moraga, selected by the Town Council .
D. The Internal Operations Committee, augmented as noted
above, will be responsible for screening all applications
for the Board of Fire Commissioners and for interviewing
any of the applicants it wishes to interview.
E. The Internal Operations Committee, augmented as noted
above, will make recommendations to the Board of
Supervisors for all appointments and reappointments to
the Board of Fire Commissioners .
BACKGROUND:
On January 4, 1994, the Board of Supervisors referred to our
Committee a series of questions which had been asked of the County
Counsel regarding the requirements for boards of fire
commissioners. These questions were raised specifically regarding
the Moraga Fire Protection District' s Board of Fire Commissioners
but also apply more generally to the other boards of fire
commissioners . The Board of Supervisors has had in place for the
past year a freeze on making any appointments to boards of fire
commissioners because of the possibility of a proposed
consolidation involving some of the fire protection districts .
On February 14, 1994, our Committee met with the County Counsel Vic
Westman; Moraga Town Councilwoman Sue Noe; Chief Allen Little; Russ
Greenlaw from Firefighters Local 1230; Bill Gross, Orinda Fire
District Commissioner; Contra Costa County Fire District
Commissioner Robert Chapman; and staff from the County
Administrator' s Office. We reviewed the attached memo from the
County Counsel ' s Office.
We believe that the Moraga Board of Fire Commissioners should be
exempted from the freeze on making appointments or reappointments
to boards of fire commissioners in view of the fact that the Moraga
Fire Protection District has been excluded from the consolidation
application to LAFCO. However, we believe that the County should
have more control over the recruitment, screening, and interviewing
of applicants for the Moraga Board of Fire Commissioners than has
been the case at times in the past when the informal policy was
that the Town Council made nominations to four of the five seats
and their nominations were rather routinely approved by the Board
of Supervisors without any other input or interviewing by the
County.
We are, therefore, recommending that the County assume more control
of the advertisement and recruitment process, with input and
cooperation from the Town Manager's Office. The Internal
Operations Committee would like to be authorized to conduct
whatever screening and interviewing is determined to be appropriate
in order to select the best qualified candidates for the Moraga
I.O.-5
-3-
Board of Fire Commissioners. In order to maintain input from the
Town Council, we would like to augment the Internal Operations
Committee with two members of the Town Council whenever we are
screening or interviewing applicants for the Moraga Board of Fire
Commissioners.
Because questions have been raised about filling vacancies on the
boards of fire commissioners of the six fire protection districts
which are covered by the fire district consolidation application
which is now before LAFCO, we have asked for the opportunity to
meet with all of the commissioners from those six districts . We
are asking that the Board of Supervisors ratify our decision to
hold this meeting. We may have additional recommendations to make
to the Board of Supervisors following that meeting.
cc: County Administrator
Chief Allen Little
County Counsel
Scott Tandy, Chief Assistant Administrator
Town of Moraga (Via CAO)
CONTRA COSTA COUNTY-..�,
COUNTY COUNSEL'S OFFIC RECEIVED
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA JAN 2 4 Ig94
Date: January 24 , 1994 OFFICE OF
COUNTY ADMINISTRATOR
To: Internal Operations Committee
Phil Batchelor, County Administrator
vAttn: Claude L. Van Marter, Assistant County Administrator
From: Victor J. Westman, County Counseln`
By: Diana J. Silver, Deputy County lnsel
Re: Filling Vacancies on the Board of Fire Commissioners of the
Moraga Fire Protection District
In response to the questions raised regarding the need for
appointments to the Board of Fire Commissioners of the Moraga- Fire
Protection District we offer the following:
QUESTION 1 : Is a Board of Fire Commissioners required for a Fire
Protection District for which the Board of Supervisors is the
governing body?
RESPONSE: No, the decision to appoint a fire commission is
discretionary with the Board of Supervisors . (see Health and Saf .
Code § 13844 ) However, the voters of the Moraga Fire Protection
District approved a fire flow special tax for Moraga Fire Protection
District in June, 1980 (see generally, C.C.C. Ord. Code Chap. 64-8 ) .
We note that in November 1992, the voters approved an increase in
that tax. Pursuant to the fire flow special tax ordinance, the
Moraga Fire Protection District' s board of fire commissioners
recommends the tax rate to be set for each fiscal year which is then
set by the Board of Supervisors (CCC Ord. Code § 64-8 . 402 ) . The fire
commission notices (CCC Ord. Code § 64-8 . 402 ) , receives (CCC Ord.
Code § 64-8 . 406 ) , hears appeals and ultimately, determines what, if
any, component of the tax bill shall be reduced or increased and the
amount of any change (CCC Ord. Code § 64-8 . 406 ) . As the ordinance
contemplates that the fire commission will be involved in the
administration of the tax, the ordinance would have to be
appropriately amended to delete the fire commission' s role if the
Board were to decide to eliminate a fire commission for the Moraga
Fire Protection District. It should be noted that the fire
commission was designated in the ordinance to perform various
administrative tasks so that the board of directors (the Board of
Supervisors ) would be relieved of those duties .
QUESTION 2 : May a Board of Fire Commissioners cover a
geographical area which includes more than one fire protection
district where the Board of Supervisors is the governing body of all
of the districts which are included in that geographical area?
Internal Operations Committee -2- January 24 , 1994
RESPONSE: Each member of the Fire Commission appointed by the
County Board of Supervisors . (see Health and Saf . Code § 13844 ) must
be a resident of the fire protection district for which he/she is
appointed (Health and Saf . Code §13841 ) . Therefore, it does not
appear possible for the same Board of Fire Commissioners to cover a
geographical area which includes more than one fire protection
district due to current state statutory residency requirements .
QUESTION 3: Is the number of members who can serve on a Board of
Fire Commissioners fixed by law or may it be increased or decreased
by the Board of Supervisors serving in its ' capacity as the governing
body of the Fire Protection District(s ) ?
RESPONSE: The Board of Supervisors as the governing body, may
appoint either five or seven commissioners (Health and Saf . Code §
13844 ) . The Board of Supervisors must determine whether the
commissioners will serve at its pleasure or for staggered terms of
four years subject to removal for cause. (Health and Saf . Code §
13844 ) . Pursuant to Resolution No. 4879, the Board appoints five
fire commissioners for staggered four year terms . The Board has
discretion to increase the number of fire 'commissioners from five to .
seven at any time as there are no statutory restrictions on the
method for increasing or decreasing members of the fire commission,
except that the fire commission may only be composed of either five
or seven commissioners . (See Health and Saf . Code § 13844 ) .
QUESTION 4 : Is the Board of Supervisors required to select
members for the Moraga Fire Protection District's Board of Fire
Commissioners from among names nominated by the Town Council of the
Town of Moraga or may the Board of Supervisors appoint anyone it
wishes to the Board of Fire Commissioners? .
RESPONSE: Although there are no state statutory requirements, we
understand it has been the Board of Supervisors ' past practice to
solicit Town Council ' s recommendations as to possible appointees . The
Board may appoint commissioners who are district residents and, in
addition, may be council members of cities which are located in the
district (Health & Saf . Code § 13844 ) . In 1975, the Town of Moraga
passed a resolution requesting to be allowed to nominate for Board of
Supervisors ' consideration four of the five commissioners as
positions became vacant . The records reviewed appear to indicate
that request was not formally adopted as Board policy and Resolutions
67/5 and 69/181 which affect Contra Costa County Fire Protection
District and allow cities included in that District to nominate
commissioners under specified circumstances, was not expressly
expanded to make the Moraga Fire Protection District subject to a
similar formalized policy. As a matter of past practice, we
understand that the Town Council' s nominee recommendations have
generally been accepted. (see attached Board Order 12-27-75 ) .
DJS:ct
ct4a:\fire.bd
I 1
IN THE BOARD OF- SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Report on )
Referrals to the Government ) December 29, 1975
Operations Committee .. )
The Board heretofore having made certain referrals to its
Government Operations Committee (Supervisors A. M. Dias and J. E.
Moriarty) ; and
Said committee having reported and recommended 'as 'follows
with respect to aforesaid referrals :
Referral '
Date Item Recommendation
1-14-75 Proposedamendment to the modified tree preservation -' ''
6-10-75 Ordinance Code to= provide ordinance. being prepared for
for tree preservation and Board consideration. Remove
replacement . as Committee referral .
2-24-75 Amendment of County Carry over item as a 1976
11-18-75 Ordinance Code sections Committee referral .
governing; fortunetelling.
10-7-75 Letter from City of Carry over item as a 1076
Richmond with respect to Committee referral .
annexation of unincorporated
area of North Richmond , and
requesting assurance that
two pending projects in said
area will be completed by
the County .
10-7-75 Memorandum from County Carry over item as a 1.076 .
Counsel and draft Committee referral.
ordinance allowing
transfer of cardroom
licenses . -
12-2-75 Review and recorLmen- Existing policy determined to
dation with respect to be appropriate. Remove as
policy for appointment Committee- referral .
of Fire Protection
District Commissioners .
The Board having considered said committee report and
determined• the recommendations to be appropriate :
T''H1ERE F ORE, IT I'S BY THE BOARD ORDERED that the afore-
said recommends;ions of its Government Operations Committee are
APPROVED.
PASSED by the Board on December 29 , 1975 .
I HEREBY CERTIFY that the foregoing is a true and correct
copy of an order entered on the minutes of said Board of Supervisors
on the date aforesaid-.: .
Witness my hand and the Seal
of the Board of Supervisors affixed
this 29th day of December, 1975 •
J. R. OLSSON, CLERK
By.& �4cao , Deputy Clerk
Bonnie Boaz
cc : Board Committee
Town of Moraga
E1 Sobrante Fire
Protection District ;
Mayor G. Fernandez,
Public Works d
Flood Control
Director of Planning
County Counsel
County Administrator
In the Board of Supervisors
of
Contra Costa County, State of California
December. 2 _ , 19 2d
'In the Matter of
Reviewing Policy Related to
Appointment of Fire Protection
District Commissioners.
The Board having been apprised of a resolution adopted by
the Town Council of Moraga requesting that it be permitted to :
nominate, for appointment by this Board, four of the five Commis-
sioners for the Moraga Fire Protection District as 'positions
become vacant; and
The Board having noted that it might be desirable .to review
its policy on the appointment of Commissioners in county fire
districts encompassing cities, in view of the incorporation of
the Town of Moraga and the merger of San Pablo Fire Protection
District with the E1 Sobrante Fire Protection District on
June 30, 1975; and
NOW, THEREFORE, IT IS BY THE BOARD ORDERED that this matter
is REFERRED to its Government Operations Committee (Supervisors
A. M. Dias and J. E. Moriarty) for review and recommendation.
Passed by the Board on December 2, 1975.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: Town of Moraga Witness my hand and the Seal of the Board of
El Sobrante Fire Supervisors .
Protection District affixed this ?nd day of December 19 75
Board Committee J. R. OLSSON, Clerk
County Administrator
County Counsel By Deputy Clerk
Maxine M. Neu eld .
u oe ana .n.
CONTRA COSTA COUNTY
CLERK'S OFFICE
Inter - Office Memo
Date: November 28, 1975'
To: Supervisor J. E. Moriarty
From: G. Russell, Chief Clerk, Board of Supervisors
Subject:
Attached is a letter to the Board from the Manager of
the Town of Moraga transmitting a resolution adopted -by *the
Town Council requesting that it be permitted to nominatfour
of the five Moraga Fire Protection District Commissioners to be
appointed by the Board of Supervisors as terms of the individual
Commissioners expire. Also attached for your information is a
current list of the members of the Board of Commissioners mhich
shows the expiration dates of member' s terms.
The Board policy pertaining to appointment of County
Fire Protection District Commissioners is set forth in Reso-
lutions Nos. 67/5 and 69/181 (copy of each also being transmitted
with this memo).
It appears that the Board' s present policy may require
certain revisions as it relates to the San* Pablo Fire Protection
District, which was merged earlier this year with the El Sobrante
Fire Protection. District. If so, it would seem appropriate at
this time to also include the Moraga Fire District if the current
policy as it pertains to city nominees is to be extended to the
Town of Moraga.
You may wish to discuss this matter with the County
Counsel and the County Administrator, both of whom are being
furnished copies of the referenced material.
GR:mn
Attachments
cc : Board Members
County Counsel
County Administrator
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
in the Matter of Appointment )
of Fire Protection District ) RESOLUTION NUMBER 69/181
Commissioners. )
WHEREAS Supervisor A. M. Dias on this date reported in behalf of the :
Board Public Services Committee (Supervisors A. M. Dias and E. A. Linscheid)
In compliance with a January 28, 1969 Order of the board of Supervisors related
to city recommendations on the conmissioners of fire protection districts' under
the control of the Board of Supervisors; and
WHEREAS Supervisor Dias pointed out that a change in the policy set
forth in Resolution Number 67/5, adopted by the Board of' Supervisors on
January 3, 1967, was necessary Inasmuch as two additional cities (City of
Martinez and City of Lafayette) have been included in the .Contra Costa County
Fire Protection District; and
. WHEREAS Supervisor Dias further pointed out that Resolution Number
67/5 contained a paragraph which reads as follows:
DE- IT BY THE BOARD FURTHER RESOLVED that the
aforesaid procedure shall be appropriately amended
to provide for city council nominations when and
- if any county fire protection district encompasses
two, three or more than four cities"; and
WHEREAS Supervisor Dias recommended that Resolution Number 67/5 be
amended to provide that when a fire district under thg jurisdiction of the
board of Supervisors includes the territory of wore than four cities the
following procedure be .followed:
1 . The c i ty council of each of the four cities with
the greatest assessed valuation be permitted to
nominate one commissioner for consideration for
appointment by the Board of Supervisors.
2. Each other city included within the district be
permitted to have an ex-officio representative
attend fire district coaralssion meetings as an
observer and without the power to vote. .
3. When a new city is created and is entitled to
nominate a commissioner under the provisions of
1 above, the nomination be submitted Im edlately
prior to the expiration .of the term of office of
the commissioner who is to be replaced (the
commissioner from the city with the lowest
assessed valuation taking into account the valu-
ation of the new city which becomes a part of the
fire district).
4. Pending the time that a new.'city may nominate a
commissioner, It be entitled to.have an ex-officio
representative attend district' commission meetings
serving in a capacity similar to 2 above; and
RESOLUTION NUMBER 69/181
` , • � it
WHEREAS Supervisor J. E. Moriarty recommended that each fire district
comprised of unincorporated area only shall , after consolidation with a fire
protection district including (prior to such consolidation) the territory of
four or more cities, be permitted to have an ex-officio representative on- the
commission of said consolidated district, said ex-officio representative to be
appointed by the Board of Supervisors ; and
WHEREAS the Board carefully considered the recommendations of
Supervisors Dias and Moriarty;
NOW, THEREFORE, 1T IS BY THE BOARD RESOLVCD that the reconrxindations .
of Supervisor Dias on behalf of the Public Services Committee .and the recom-
mendation of Supervisor Moriarty are hereby approved.
PASSED and ADOPTED this lith day of Narch, 1969 by the following •
vote:
AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll ,
E. A. Llnscheld, J. E. Moriarty.
ND Ss None.
AUSENT: gone.
• r
.1 HEREBY CERTIFY that the foregoing is a true and correct copy of a
resolution entered on the minutes of said Board of Supervisors on the date
aforesaid.
Witness -my hand and the Seal
of the Board of Supervisors affixed
this 11th day of March, 1969.
W. T. PAASCM, CLERK
ccs Mr. E. C. Marriner, City-Manager of t
Lafayette By o
Mr. C. Monson, City Manager of Deputy Clerk
Martinez
Contra Costa County Fire Protection
District
County Administrator
RESOLUTION NUMBER 69/181
N THE BOARD OF SUPERVISORS
OF
C0�'1'RA COSTA COUITIPY, STATE OF CALIFORNIA
In the Matter of Appointment )
of County Fire Protection )
District Cormissionsra, ; RESOLUTIONNO. 67/5 .
V41HEREAS it its the responsibility o.f' the Board of
Supervisors to appoint the fire commissioners of each county fire'
protection district; and
AREAS three of the county fire protection districts
encompass ci•tias. within their boundaries; and.
WHEREAS the. Contra Costa County Fire., Frotection District
has four c tie3 located within its boundaries namely the Cities ;
of Claytari, Concord,' Pleasant Hill, and Ttalnut Creek; and.
-,j=,-REAS the Brentwood Count* Fire Proiection.'District has
one city lo.tatsd v'ithin ita boundaries; namsly.the City of
Brentwood; and
WHEREAS the San Pablo County Fire Protection District has
one city locat3d within its boundaries, namely. th® City 'of
San Pw'o1o; anti
MREAS the Board of Supervisors,, ths' Contra Costa County
Mayors Conference;-. and the City Councils of the' Cities in
Contra Costa County* are in agreement that the City Councils of
those Cities. which have their territory within county fire protection..
districts should nominate some of the. fire, commissioners .for
- appointment consideration by the Board of Supervisors;
NOW., THEREFORE, BE IT BY THE BOARD RESOLVED that in the case
of the Contra. Costa County Fire Protection District". each of the
City Councils of the Cities of Clayton, Concord, Pleasant Hill, and :
Walnut Creek—shall be requested to nominate one`'fi.re commissioner
for appointment consideration by the; Board of Supervisors with .the
fifth comr6issioner to be appointed by the Board of Supervisors
without a city council recommendation;' and
3E - IT .BY THE BOARD FURT11ER. RESOLVED. that in the case of
the Brentwood County Fire Protection District., ,the. City Council of
the City of Brentwood shall be requested to nominate one fire
con1nissioner for appointment consideration by the Board of
Supervisorsand to nominate additional. fire commissioners for
appointsent consideration by the Board of Supervisors pursuant to
the fol?o=.ging property valuation schedule:
1„ Ona additional nomination (for a total' of two
nomina4ions) when the City of Brentwood valuation
exceeds 30 per cent of the total valuation of the
Brentwood 'County. Fire Protection District; and
20 Ore additional nomination (far a total of three
n6minations ) when the City of Brentwood valuation
dxoeeds 50 per cent of tha total valuation of the
Brentwood ,County Fire Protection District; and
3- One additional nomination (for a maximum of four
nomination3 ) when the City of Brentwood valuatio,i
. -exceads 76 per cent of the total valuation of the
Bent"d6od County Fire Protection District; and
RESOLUTION NUP43ER 67/5
BE IT BY THE BOARD FURTHER RESOLVED that the nomination
procedure prescribed for the City Council of the City of Brentwood
shall also apply to the City Council of the City of San Pablo; and
BE IT BY THE BOARD FURTHER RESOLVED that a minimum of one
fire eowriissioner shall be appointed by the Board' of Supervisors
without a city council recommendation as Dong as there is any
unincorporated territory within a county firo protedtion district.
encompassing cities; and
BE IT BY THE BOARD FURTHER RESOLVED (that the aforesaid.
procedure shall be appropriately amended to provide for city council
nominations when and if any county fire protection district :
encompasses two, three or core than four cities,:
PASSED AND ADOPTED this 3rd day of Januarys 19679 by the
following trots of the Board:
AYES: Supervisors James P. Kenny, Alfred M. Dias' s,
Jamas E. Moriarty, Thomas John Collo.
Edmund A, Linscheid,
NOES: None,
ABSEIvTT: None*
I HEREBY CERTIFY that the foregoing is' atrue and correct
copy of a resolution entered on the minutes of said Board of
Supervisors- on the date aforesaid,
Witness my hand and the Seal
of the Board of Supervisors affixed
this 3rd day of January,- 1967, -
W.
anuarys• 19670We T FAQ S:CHlCLERK
cc: District AttorneyCounty A&ministrator
Cities 13
Fire Districts F-tricia AQ , Osgoi
CoYivg'3 Caste County Mayors ;;' epalty Cleric
Confarence
l
RESOLUTION NUMBER 6705