Joint City Council/Fire District Board Meeting

SPECIAL JOINT MEETING OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AND THE CRESCENT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS AGENDA WASHINGTON FIRE STATION 255 WASHINGTON BLVD. CRESCENT CITY, CA 95531 THURSDAY JUNE 30, 2022 5:30 P.M. ZOOM PHONE NUMBER: (253) 215-8782 ZOOM WEBINAR ID: 821 6959 8348 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 The public may access and participate in the public meeting using one or more of the following methods: 1) Attend the meeting in person, public comment at the podium will be allowed. 2) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom; 3) Watch the meeting via livestream on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 4) Public comments may be made in advance by submitting written comment via publiccomment@crescentcity.org or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and District Board and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.  City of Crescent City/Crescent Fire Protection Special Meeting Agenda June 30, 2022 OPEN SESSION Crescent Fire Protection District Board of Directors Call to order Roll call City Council Call to order Roll call Pledge of Allegiance PUBLIC COMMENT PERIOD Any member of the audience is invited to address the City Council and District Board on any matter that is within the jurisdiction of the City of Crescent City and the Fire District. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council nor the Board is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Council and Board. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor or Chairman please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council. REPORTS/PRESENTATIONS – None CONSENT CALENDAR 1. Council/Board Meeting Minutes • Board Action: Approve the May 17, 2022 meeting minutes of the City Council and Fire Protection District Board. • Council Action: Approve the May 17, 2022 meeting minutes of the City Council and Fire Protection District Board. NEW BUSINESS 2. Volunteer Firefighter Stipends • Recommendation: Hear staff report • Technical questions from the Board / Council • Receive public comment • Further Board / Council discussion • Board Action: Approve and adopt Resolution No. 2022-04, A RESOLUTION OF THE CRESCENT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS ESTABLISHING STIPENDS FOR CRESCENT CITY FIRE & RESCUE VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 • Council Action: Approve and adopt Resolution No. 2022-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ESTABLISHING STIPENDS FOR CRESCENT CITY FIRE AND RESCUE VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 2  City of Crescent City/Crescent Fire Protection Special Meeting Agenda June 30, 2022 ADJOURNMENT Crescent Fire Protection District Board of Directors: Adjourn to the regular meeting of the Crescent Fire Protection District Board of Directors scheduled for July 11, 2022 at 5:00 p.m. at the Washington Fire Station, 255 Washington Blvd., Crescent City, CA 95531 City Council: Adjourn to the regular meeting of the City Council of the City of Crescent City scheduled for July 5, 2022 at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531. POSTED: June 29, 2022 /s/ Robin Altman Vanessa Duncan City Clerk/Administrative Analyst Clerk of the Board City of Crescent City Crescent Fire Protection District Notice Regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk's office at (707)464-7483 ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102- 35.104 ADA Title II] For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, during regular business hours, 8:00 a.m. 5:00 p.m., or on-line at www.crescentcity.org 3  SPECIAL JOINT MEETING OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AND THE CRESCENT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS MINUTES WASHINGTON FIRE STATION 255 WASHINGTON BLVD. CRESCENT CITY, CA 95531 TUESDAY MAY 17, 2022 5:30 P.M. OPEN SESSION Crescent Fire Protection District Board of Directors Call to order Chairman Nelson called the meeting to order for the Board at 5:30 p.m. Roll call Directors present: Director James Erler, Director Joe Gregorio, Vice Chair David Short, and Chairman Jim Nelson Director absent: Director Rick Kelley City Council Call to order Mayor Greenough called the meeting to order for the Council at 5:30 p.m. Roll call Council Members present: Council Member Ray Altman, Council Member Beau Smith and Mayor Jason Greenough Council Members absent: Council Member Blake Inscore and Mayor Pro Tem Isaiah Wright Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Patch, Administrative Assistant Vanessa Duncan, Human Resources Manager Sunny Valero, Finance Director Linda Leaver, City Attorney Martha Rice, Fire Chief Bill Gillespie, and Police Chief Richard Griffin Pledge of Allegiance led by Mayor Greenough  City of Crescent City/Crescent Fire Protection Special Meeting Minutes May 17, 2022 PUBLIC COMMENT PERIOD There were no public comments. REPORTS/PRESENTATIONS - None NEW BUSINESS 1. Amended Emergency and Fire Services Agreement with the Crescent Fire Protection District • Recommendation: Hear staff report • Technical questions from the Board/Council • Receive public comment • Further Board/Council discussion City Manager Wier spoke about the City and District coming together to make sure the needs of the fire department were met. Regarding the agreement that is before the Council and Board tonight, it is a culmination of 2x2 meetings between Director Gregorio, Director Kelley, Council Member Inscore, and Council Member Smith. The meetings ensured that the agreement would be equitable for both the District and the City for the needs of the fire department. Once COLAs (Cost of Living Allowances) are approved by the Crescent City Management Employees Association, the District will receive a report. For utilities, since the City and the District directly benefit from the shared utilization of the two fire stations (I Street and Washington) the cost allocation is as follows: City station: City share, 60%; District, 40%. For Washington Station, the City’s share will be 40% and the District’s will be 60%. The City covers more for the I Street, City station, due to the utility use being higher because the IT system is stored there. City Council: • Recommendation: Approve an Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 There were no public comments. On a motion by Council Member Smith, seconded by Council Member Altman, and carried on a 3-0 vote with Council Member Inscore and Mayor Pro Tem Wright being absent, the City Council of the City of Crescent City approved an Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022. Crescent Fire Protection District Board: • Recommendation: Approve an Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 On a motion by Vice-Chair Short, seconded by Board Member Gregorio and carried on a 4-0 polled vote with Boar Member Kelley being absent, the Crescent Fire Protection District Board of 2  City of Crescent City/Crescent Fire Protection Special Meeting Minutes May 17, 2022 Directors approved an Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 2. Fire Chief Employment Agreement • Recommendation: Hear staff report • Technical questions from the Council/Board • Receive public comment • Further Council/Board discussion City Manager Wier went over the agreement and the interview process, stating it was important to find the right candidate especially after what Chief Wakefield and Chief Gillespie have done for the Department. He explained that the second round of interviews included himself, Fire Chief Gillespie, Council Member Inscore, and Director Erler. City Manager Wier stated his trust of Police Chief Griffin and that he feels the same way about Kevin Carey. He gave some background on the new fire chief stating he has worked as a paramedic/firefighter, 20 years in Torrance, and moved his family here and has a desire to be the Chief. City Manager Wier spoke of his support of him being the next fire chief. Chief Gillespie, in firefighting for 35 years, will have his last day on June 16th. He stated that the staff of Crescent City Fire & Rescue and Crescent Fire Protection District is what makes the Department successful. He further stated that Mr. Carey will be able to join the culture of the Department and has lived in the community for eight years. Crescent Fire Protection District: • Recommendation: Give recommendation to the City Council to appoint Kevin Carey to the position of Fire Chief • Approve budget amendment in the amount of $12,894 There was consensus of the Crescent Fire Protection District Board of Directors to recommend to the City Council to appoint Kevin Carey to the position of Fire Chief. On a motion by Director Kelley, seconded by Director Gregorio, and carried on a 4-0 polled vote, with Director Kelley being absent, the Crescent Fire Protection District Board of Directors approved the budget amendment in the amount of $12,894 City Council: • Recommendation: Adopt Resolution No. 2022-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING KEVIN CAREY AS THE FIRE CHIEF AND APPROVING AN EMPLOYMENT AGREEMENT • Adopt Resolution No. 2022-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET Mr. Carey addressed the Council and Board stating he was grateful for the opportunity to serve the community in this capacity and that his family is his greatest support. Mayor Greenough gave his appreciation for Mr. Carey applying for this position. Council Member Smith stated he has known the Carey family for years and is glad they came to the community. Council Member Altman stated he was proud of all of the heroes in the room. There were no public comments. 3  City of Crescent City/Crescent Fire Protection Special Meeting Minutes May 17, 2022 On a motion by Council Member Altman, seconded by Council Member Smith and carried on a 4-0 polled vote with Council Member Inscore and Mayor Pro Tem Wright being absent, the City Council of the City of Crescent City adopted Resolution No. 2022-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING KEVIN CAREY AS THE FIRE CHIEF AND APPROVING AN EMPLOYMENT AGREEMENT and adopted Resolution No. 2022-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET Director Gregorio expressed his appreciation for Chief Carey being a part of the Department. 3. Oath of Office for Fire Chief Carey City Clerk/Administrative Analyst Patch administered the Oath of Office to Fire Chief Carey. ADJOURNMENT Crescent Fire Protection District Board of Directors: There being no further business to come before the Crescent Fire Protection District Board of Directors, Chairman Nelson adjourned the meeting at 6:05 p.m. to the regular meeting of the Crescent Fire Protection District Board of Directors scheduled for June 13, 2022 at 5:00 p.m. at the Washington Fire Station, 255 Washington Blvd., Crescent City, CA 95531 City Council: There being no further business to come before the City Council, Mayor Greenough adjourned the meeting at 6:05 p.m. to the regular meeting of the City Council of the City of Crescent City scheduled for June 6, 2022 at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531. ATTEST: _____________________ _____________________ Robin Patch Vanessa Duncan City Clerk/Administrative Analyst Clerk of the Board City of Crescent City Crescent Fire Protection District 4  SPECIAL JOINT MEETING AGENDA REPORT TO: MAYOR GREENOUGH AND MEMBERS OF THE COUNCIL CHAIRMAN NELSON AND MEMBERS OF THE BOARD FROM: ERIC WIER, CITY MANAGER KEVIN CAREY, FIRE CHIEF DATE: JUNE 30, 2022 SUBJECT: VOLUNTEER FIREFIGHTER STIPENDS RECOMMENDATION • Hear Staff Report • Technical questions from the Board/Council • Receive public comment • Further Board/Council discussion • BOARD ACTION: Approve and adopt Resolution No. 2022-04, A RESOLUTION OF THE CRESCENT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS ESTABLISHING STIPENDS FOR CRESCENT FIRE & RESCUE VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 • COUNCIL ACTION: Approve and adopt Resolution No. 2022-49, A RESOLUTION OF THE CITY OF CRESCENT CITY ESTABLISHING STIPENDS FOR CRESCENT CITY FIRE AND RESCUE VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 BACKGROUND The City of Crescent City and the Crescent Fire Protection District have a long history of working together under various collaborative agreements. In 2015, both agencies came together through an operational merger of their respective volunteer firefighter associations and entered into a joint exercise of powers agreement, the Emergency and Fire Response Services Agreement (the “Agreement”). This partnership provides cost effective and seamless services to the greater Crescent City area. The Agreement provides for the sharing of costs between the two agencies for a variety of services,  VOLUNTEER FIREFIGHTER STIPENDS JUNE 30, 2022 including personnel and equipment shared costs. The Agreement was last amended during a joint public meeting held on May 17, 2022. Pursuant to the Fire Services Agreement, the City shares the cost of volunteer stipend payments with the Crescent Fire Protection District based upon the percentage of calls in each jurisdiction. Periodically, the City and the District review stipend amounts and suggest adjustments when deemed operationally beneficial. The City, along with the rest of the nation, has been experiencing rising rates of inflation and soaring gasoline prices. When volunteer firefighters respond to calls for service, they are utilizing their own vehicles and fuel. When volunteers are covering a 12-hour shift, they have committed to being available and ready to respond to any and all calls for service during that 12-hour period. These volunteer services are of immeasurable value to the community served. Therefore, staff supports the request for increased stipends. ITEM ANALYSIS The Fair Labor Standards Act (29 USC § 203, et seq.) limits the amount that “volunteers” can be paid for their service. Specifically, “[v]olunteers may be paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing their status as volunteers.” 29 CFR 553.106(a). If an individual were to lose his or her status as “volunteer”, then the employing agency would be required to pay minimum wages, overtime and penalties. The stipends must be analyzed under the “nominal fee” category. The Department of Labor has issued guidance by way of opinion letters defining what constitutes a nominal fee in the context of volunteer firefighters. Generally, payments to volunteers cannot be paid by the hour and should not exceed 20 percent of the total compensation that the employer would pay to a full-time firefighter performing the same services. Upon receipt of the request for stipend increases, City Attorney Martha Rice and District General Counsel Ryan Plotz jointly reviewed and analyzed the proposed stipends for compliance with the laws and regulations governing said stipends and have issued a joint memorandum on the subject detailing the analysis that was done. The analysis calculated total compensation for a paid firefighter by averaging the wages paid to firefighters at Humboldt Bay Fire and Arcata Fire District plus the benefits afforded the City’s only safety unit – the Crescent City Police Officers Association. The proposed stipends were then compared to 20% of the calculated total compensation for comparable paid firefighters. Additionally, each volunteer firefighter will have a cap on the total amount of stipends that they may earn in any given month. This is another safeguard to ensure that volunteers do not cross the 20% threshold. The memorandum concludes that the stipends as set forth in the resolution meet the parameters established by Department of Labor guidance regarding the 20 percent rule for “nominal” fees. 2  VOLUNTEER FIREFIGHTER STIPENDS JUNE 30, 2022 Effective July 1, 2022, the stipends will be as follows (new): 12 Hour Shifts New Current Battalion Chiefs - Duty $175 $100 Captains - Duty $100 $50 Sleeper Program $75 $50 Response Stipends New Current Medical - Non-EMT $10 $5 Medical - EMT $15 $10 Fire - Non-Officer $20 $10 Fire - Officer $25 $15 Training $10 $10 ARFF Shift $50 $50 Monthly Stipend Cap New Current Firefighters $1,485.25 n/a Engineers $1,666.63 n/a Captains $1,871.98 n/a Battalion Chiefs $2,230.92 n/a FISCAL ANALYSIS The increase in volunteer stipends is estimated to increase the total amount of volunteer stipends paid out by approximately $68,000 per year, depending upon call volume, type of call, and the number of responding volunteers. However, due to the recent changes in dispatch protocol, total calls for service have decreased from over 2000 to 1600 calls for service annually. Thus, the FY22/23 budgets for both the City and the District, which were based on the previous, higher call volume, is projected to be sufficient. Staff will be monitoring this and will report back if any projected adjustments are needed during the mid-year budget evaluation. The volunteer stipend amount each agency is responsible for is call-based and the precise amount is dependent upon call volume, call location, and number and rank of volunteers that respond. Historically, the City has been responsible for approximately 30% and the District responsible for approximately 70% of the total stipend costs. ATTACHMENTS 1. Board Resolution No. 2022-04 2. Council Resolution No. 2022-49 3  RESOLUTION NO. 2022-04 A RESOLUTION OF THE CRESCENT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS ESTABLISHING STIPENDS FOR CRESCENT CITY FIRE & RESCUE VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 WHEREAS, the Crescent City Fire Department and the Crescent Fire Protection District are both served by the same volunteer firefighters’ organization, known as Crescent City Fire and Rescue; and WHEREAS, both the City and District fire departments are dependent upon the volunteerism of the men and women of our community in order to provide life-saving and fire-suppression services; and WHEREAS, Crescent City Fire & Rescue Battalion Chiefs have continued to provide weekly duty officer coverage opposite of the Fire Chief’s schedule, at great demand of their personal time; and WHEREAS, Crescent Fire & Rescue has instituted a Sleeper Program, wherein volunteers will spend a 12-hour shift at the station ready to respond to calls for service; and WHEREAS, our community as well as the nation has been greatly impacted by rising rates of inflation and soaring gasoline prices; and WHEREAS, the Crescent Fire Protection District Board of Directors has determined that an increase to volunteer stipends is warranted. NOW, THEREFORE, BE IT RESOLVED by the Crescent Fire Protection District Board of Directors, that: 1. The foregoing recitals are true and correct. 2. Effective July 1, 2022, the stipends for volunteer firefighters are as follows:  12 Hour Shifts Battalion Chiefs - Duty $175 Captains - Duty $100 Sleeper Program $75 Response Stipends Medical - Non-EMT $10 Medical - EMT $15 Fire - Non-Officer $20 Fire - Officer $25 Training $10 ARFF Shift $50 3. Effective July 1, 2022, each volunteer will have a maximum monthly cap on stipends, inclusive of both duty stipends and response stipends. Upon reaching that amount, no more stipends may be accrued by that volunteer for that month. For ease of administration, the monthly caps will be measured by calendar months. The monthly stipend caps are as follows: Monthly Stipend Cap Firefighters $1,485.25 Engineers $1,666.63 Captains $1,871.98 Battalion Chiefs $2,230.92 4. Effective July 1, 2022, if a volunteer that resides outside of Del Norte County travels to Del Norte County to provide Duty Shift Coverage as requested by the Fire Chief, then he or she will be eligible for mileage and per diem reimbursement at then- current IRS rates (in addition to the stipend). Reimbursements do not count toward the monthly stipend cap. PASSED AND ADOPTED and made effective the same day by the Crescent Fire Protection Board of Directors this 30th day of June 2022, by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ Jim Nelson, Chair ATTEST: ___________________________ Vanessa Duncan, Clerk of the Board  RESOLUTION NO. 2022-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ESTABLISHING STIPENDS FOR CRESCENT CITY FIRE AND RESCUE VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 WHEREAS, the Crescent City Fire Department and the Crescent Fire Protection District are both served by the same volunteer firefighters’ organization, known as Crescent City Fire and Rescue; and WHEREAS, both the City and District fire departments are dependent upon the volunteerism of the men and women of our community in order to provide life-saving and fire-suppression services; and WHEREAS, Crescent City Fire and Rescue Battalion Chiefs have continued to provide weekly duty officer coverage opposite of the Fire Chief’s schedule, at great demand of their personal time; and WHEREAS, Crescent Fire & Rescue has instituted a Sleeper Program, wherein volunteers will spend a 12-hour shift at the station ready to respond to calls for service; and WHEREAS, our community as well as the nation has been greatly impacted by rising rates of inflation and soaring gasoline prices; and WHEREAS, the City Council has determined that an increase to volunteer stipends is warranted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City, State of California, that: 1. The foregoing recitals are true and correct. 2. Effective July 1, 2022, the stipends for volunteer firefighters are as follows: 12 Hour Shifts Battalion Chiefs - Duty $175 Captains - Duty $100 Sleeper Program $75 Response Stipends Medical - Non-EMT $10 Medical - EMT $15 Fire - Non-Officer $20 Fire - Officer $25 Training $10 ARFF Shift $50 CITY OF CRESCENT CITY RESOLUTION NO. 2022-49 Page 1  3. Effective July 1, 2022, each volunteer will have a maximum monthly cap on stipends, inclusive of both duty stipends and response stipends. Upon reaching that amount, no more stipends may be accrued by that volunteer for that month. For ease of administration, the monthly caps will be measured by calendar months. The monthly stipend caps are as follows: Monthly Stipend Cap Firefighters $1,485.25 Engineers $1,666.63 Captains $1,871.98 Battalion Chiefs $2,230.92 4. Effective July 1, 2022, if a volunteer that resides outside of Del Norte County travels to Del Norte County to provide Duty Shift Coverage as requested by the Fire Chief, then he or she will be eligible for mileage and per diem reimbursement at then-current IRS rates (in addition to the stipend). Reimbursements do not count toward the monthly stipend cap. PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City, State of California this 30th day of June 2022, by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ Jason Greenough, Mayor ATTEST: ___________________________ Robin Altman, City Clerk CITY OF CRESCENT CITY RESOLUTION NO. 2022-49 Page 2