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Home My WebLink AboutMINUTES - 04191994 - 1.193 TO BrJARD OF SUPERVISORS Allen Little, Fire Chief FROM: Riverview Fire Protection District C=trd X- April 19, 1994 Cwa DATE. Adoption of Urgency and Non-Urgency Ordinances CO " SUBJECT:Amending Subsection C. of Section 88. 105 of Listed Ordinances Outlining the Weed Abatement Contract Procedures SPECIFIC REQUEST(S) OR RECOMMENDATION S) a BACKGROUND AAD JUSTIFICATION Recommendations: 1 . Adopt the attached proposed Ordinances of Contra Costa County and of the Bethel Island, Crockett-Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview, and West County Fire Protection Districts of Contra Costa County, amending Subsection C. of Section 88. 105 (on contracting for weed abatement) of the listed Ordinances of the County of Contra Costa, and of the Bethel Island, Crockett-Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts of Contra Costa County as an urgency ordinance in accordance with Section II , URGENCY DECLARATION, of the attached. 2 . Adopt the attached proposed Ordinances of Contra Costa County and of the Bethel Island, Crockett-Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview, and West County Fire Protection Districts of Contra Costa County, amending Subsection C. of Section 88. 105 (on contracting for weed abatement) of the listed Ordinances of the County of Contra Costa, and of the Bethel Island, Crockett-Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts of Contra Costa County as a non-urgency ordinance in accordance with Section III , SEVERABILITY, of the attached, waive reading, and set April 26, 1994 as the date of adoption. 3 . ORDER that the Clerk of the Board is DIRECTED to publish the aforesaid documents for the time and in such manner as required by law. BACKGROUND / REASONS: The proposed ordinances amend Subsection C. of Section 88. 105 of existing County Ordinances relative to the procedures for obtaining contracts for exterior fire hazard control (weed abatement) . Current ordinances limit the Fire Districts to obtaining contracts for weed abatement by only one method. The proposed ordinances provide an additional method for obtaining contracts in accordance with the provisions of Section 20812 of the Public Contract Code. CONTINUED ON ATTACHMENT: _ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREISI: ACTION OF BOARD ON April 19 , 1994 APPROVED AS RECOMMENDED OTHER X IT IS BY THE BOARD ORDERED that the above Ordinance is ADOPTED as an urgency ordinance; and is INTRODUCED as a ;non-urg nc" ordinance to be adopted on April 26 , 1994 . VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT I ) 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. Contact: A/C Michael Argo 930-5500 ATTESTED April 19 , 1994 CC: County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF Contra Costa County Fire District SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel BY J A, ,DEPUTY M382 continued - These ordinances are being presented for adoption as urgency ordinances because time has now become a serious problem. Weed abatement contracts for exterior fire hazard control in all of the Fire Districts terminated on December 31, 1993 . The Fire District prepared new contracts which were let out for bid by the Board of Supervisors on February 8, 1994. Only one bid was received. District staff compared this bid to the rates paid in previous contracts which indicated that the bid prices were excessive . These prices would cause• an undue financial burden on the citizens of Contra Costa County. For this reason, the Fire District has recommended that the bid be rejected. There is not sufficient time to re-bid the weed abatement contracts and put them in place before conditions would become critical . Due to prevalent weather conditions, dry grass and weeds and piles of combustible rubbish present an extreme threat of fire to the residents of Contra Costa County. It is essential that the Fire District have the ability to abate these hazards: in accordance with current County Ordinances when the owner fails to do so in order to reduce the potential for a catastrophic wildland fire from occurring. These ordinances are being presented for adoption simultaneously as a non-urgency ordinance in the event a court holds them to be a non-urgency ordinance. FIRE PROTECTION DISTRICT WEED ABATEMENT CONTRACT PROCEDURES SUBJECT: ORDINANCES OF THE COUNTY OF CONTRA COSTA (94-�' ) , AND OF THE BETHEL ISLAND- ( 94 92.) , CROCKETT-CARQUI NE Z ( 94-13) , CONTRA COSTA COUNTY ( 94-,?iK) , EAST DIABLO ( 94-, 55) , MORAGA ( 94-_�6) , OAKLEY (94-;-�7) , ORINDA ( 94-3K) , PINOLE ( 94-9f) , RIVERVIEW ( 94- 3vo AND WEST COUNTY ( 94-� / ) , FIRE PROTECTION DISTRICTS OF CONTRA COSTA COUNTY, AMENDING SUBSECTION C. OF SECTION 88. 105 (ON CONTRACTING FOR WEED ABATEMENT) OF ORDINANCES OF THE COUNTY OF CONTRA COSTA (89-64) , AND OF THE BETHEL ISLAND (89-65) , CROCKETT-CARQUINEZ (89-67) , CONTRA COSTA COUNTY (89-68 & 92-37 ) , EAST DIABLO (89-69) , MORAGA (89-70) , OAKLEY ( 89-71) , ORINDA (89-72) , PINOLE (89-73) ,, RIVERVIEW ( 89-74) AND WEST COUNTY (89-76) , FIRE PROTECTION DISTRICTS OF CONTRA COSTA COUNTY. The Board of Supervisors of Contra Costa County for the County, and as the Board of Directors of the Bethel Island, Crockett- Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview and West County Fire Protection Districts, ordains as follows : SECTION I . Subsection c . of Section 88 . 105 of Ordinance numbers 89-64, 89-65, 89-67, 89-69, 89-70, 89-71, 89-72, 89-73, 89-74, 89-76 and 92-37 is amended to read as follows : C. 1. If the owner fails to comply with the order, the chief of this jurisdiction may have the weeds and rubbish abated, either by employees of this jurisdiction or by contract for weed and rubbish abatement service. If a contract is awarded, at least three bids shall be solicited and the contract shall be awarded to the lowest responsible bidder. A contract may include work on more than one parcel . 2 . In addition, a contract for weed and rubbish abatement services may be awarded as provided for fire protection districts in California Public Contract Code section 20812 . 3 . Concerning any contract previously awarded as provided above in this subsection and which has been fully extended as provided in that contract, it may thereafter be extended on its same terms and conditions for a further period (not to exceed one year) by agreement of the Board of Supervisors and the involved contractor. SECTION II . URGENCY DECLARATION. This ordinance is for the immediate preservation of the public peace, health and safety within the meaning of Government Code section 25123 and Elections Code section 3751, because at this time of the year it is necessary that annual weed and rubbish abatement activities be initiated and completed as soon as it may be reasonably done to mitigate, correct and eliminate involved fire hazards in a manner that will not result in excessive or exorbitant financial charges for the district and involved property owners. This ordinance allows the immediate initiation of such activities in the manner determined to be economical for the district by the Board. SECTION III . SEVERABILITY. This Board declares that, if the urgency nature of this ordinance is invalidated, it intends SECTION I to remain valid and effective and that it would have passed SECTION I even without the urgency provisions . Therefore, the Board directs that this ordinance be treated and published, effective and operative, as both an urgency and a non-urgency ordinance as provided in SECTION IV. SECTION IV. EFFECTIVE AND OPERATIVE DATES. As an urgency ordinance, this ordinance becomes .effective and operative immediately on introduction and passage. If a court holds it to be a non-urgency ordinance, it becomes effective 30 days after passage (on second reading) , and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the a newspaper published in this County. - continued - PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: