HALF MOON BAY FIRE PROTECTION DISTRICT

1191 MAIN STREET

HALF MOON BAY, CA 94019

SPECIAL JOINT MEETING OF THE

HALF MOON BAY FIRE PROTECTION DISTRICT

AND

THE POINT MONTARA FIRE PROTECTION DISTRICT

BOARD OF DIRECTORS

MEETING MINUTES

January 30, 2007

The Board of Directors Special Joint Meeting of January 30, 2007, was called to order by President Burke at 7:30p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL

Half Moon Bay Fire Protection District

President Burke, Vice-President Silva, Secretary Lees and Director Donovan were present. Director Eufusia was absent.

Acting Chief Cole and Administrative Secretary Cochran represented staff. Attorney Jean Savaree was present as Legal Counsel.

Point Montara Fire Protection District

President MacKimmie and Vice-President McShane were present. Secretary-Treasurer Riddell was absent.

Attorney Hal Toppel was present as Legal Counsel.

ORAL COMMUNICATIONS

During the Oral Communications portion of the meeting Mr. Doug Mackintosh, Mr. David Heckman, Mr. Larry Kay addressed the board expressing concerns about the lack of Board minutes and therefore there is no concise written record of Board decisions/actions; concerns that the proposed CDF contract is unnecessary and the Board is disregarding the wishes of citizens who have signed petitions; concerns that the Board is destroying this District by contracting with CDF; and concerns that the resolutions refer to an Exhibit A but the speaker could not find Exhibit A in the Board information. The Board confirmed that Exhibit A is included in the information available to the public. A letter from Ms. Shirley Moorhouse, a concerned citizen, was read to the Board and submitted for District’s records by Mr. Eric Mackintosh.

REPORT BY FIREFIGHTER IAFF LOCAL 2400

Mr. Ed Hawkins of IAFF Local 2400 addressed the Board, advising them that the last information requested by IAFF Local 2400 was only received by Local 2400 on January 10. A Transitional MOU meeting was held yesterday (January 29) however there are still several issues outstanding and some issues have not yet been discussed. Mr. Hawkins also advised that the Firefighters have been requested to provide alternatives to the CDF contract. However no guidelines under which the Board would consider alternatives to contracting with CDF have been provided. Without some criteria, it is unlikely the Firefighters can provide valid alternatives. Under those circumstances, the Board’s vote tonight is premature.

A Board vote to contract with CDF will leave the Union with no alternative but to pursue the referendum process and this is not what the Union wanted.

Mr. Hawkins respectfully requested that the Board delay its decision until July 1, 2008 to allow Local 2400 to develop alternatives. Short of granting that request, Mr. Hawkins asked that the Board at least postpone a vote until the Board can give direction to their labor negotiator to create an exchange of ideas/proposals with labor in a good faith attempt to resolve differences. The Board did not act on these requests.

CONTINUING BUSINESS

06-08 Contracting with CDF - continued discussion of terms regarding contract for service with CDF and action to approve the contract for service with CDF

Mr. Doug Mackintosh addressed the Board and Mr. Larry Kay addressed the Board. Some of the items brought to the Board’s attention:

•The Board is voting on a contract that wasn’t yet defined at the last meeting (January 16, 2007). The public has not had a chance to review.

•The Board doesn’t yet know the cost of any Transitional MOU. How can the public make a decision on the impact of a contract with CDF?

•This contradicts Director Donovan’s statement that there would be no contract before Fire District consolidation with Pt. Montara, which he made at the meeting when the Board decided on the Letter of Intent.

•Pt. Montara is saying local control of the HMB District is not an issue when they have in the recent past been very vocal about maintaining local control.

•The Board has made no position statement or plan recording what staffing levels will be maintained in the future, nor what services will be maintained. Even though the Board has discussed these issues, no decisions have been defined for the record.

•There are no meeting minutes to record any decisions that have been made.

•Has M441 been evaluated to confirm that it is being staffed consistently and staying on the coast as promised?

•What will be the standard response time? Standard staffing?

•Has the Board made a commitment to stop press releases that are misleading or false?

•The proposal before the Board does not represent a complete contract.

After receiving public comment, CDF Chief Dan Turner responded to items listed in Dr. Eufusia’s memo to the Board dated January 25, 2007 (copy attached). The organizational chart is approved by the Board and is subject to change at the Board’s discretion. The Division Chief and Battalion Chiefs were designated for providing the level of service as requested in the RFP. The Division Chief is an administrative position, working Monday through Friday, while the Battalion Chiefs are assigned to shifts. The Training Fire Captain was determined as necessary at this time. One of the shift Battalion Chiefs will also be responsible for coordinating fire prevention functions for the District, so there is no Battalion Chief dedicated to Fire Prevention. The Fire Inspector position is in response to criteria defined in the RFP. The CDF proposal already includes 3 person staffing of Engine 41. Additional personnel are already designated as relief. Dir. Eufusia’s memo mentioned that the fiscal sheets (Schedule A) reflect salary increases for the Division Chief and two Administrative Staff positions. Chief Turner noted that the Schedule A information are “not to exceed” rates. The District will be billed for actual personnel expenses but amounts cannot exceed Schedule A. Regarding questions concerning the Cooperative Fire Program Fire Protection Reimbursement Agreement, this is a standard agreement.

CDF Asst. Dep. Director Ken Pimlott reviewed the Salary, Differential and Operating Expense Schedule FY 2007-2008. He noted that the Staff Benefit Rate Matrix FY 07/08 shows the estimated Administrative Charge for FY 07/08. The Preliminary Rate Letter is issued in January of each year. It contains estimates for Retirement and Health/Dental/Vision. Final calculations for Retirement and Health/Dental/Vision are completed in October of each year and are issued in a Final Rate Letter.

CDF Chief John Ferreira reviewed the proposed information for Board action. The following items were noted in the proposed Cooperative Fire Programs Fire Protection Reimbursement Agreement:

•on Page #2:

•All references to the Local Agency will be changed to Half Moon Bay District.

•Item #3: The maximum amount was corrected to $5,472,662 reflecting FY 06/07.

•for Exhibit C:

•Item #1 (Approval) on Page 9: Atty Savaree & Atty Toppel requested that language be included that this agreement will not be in force until both parties have signed, approved by the Dept. of General Services and have been incorporated by references and addendum to the Pt. Montara Fire Services Agreement. Although the contract is with Half Moon Bay, Half Moon Bay has a service agreement with Pt. Montara. This would ensure that the services provided to Pt. Montara are the same as those provided by CDF to Half Moon Bay. Chief Ken Pimlott noted that the State Dept. of General Services must approve all language in the standard agreement. Chief Pimlott noted that this would need to be reviewed by his legal department. A separate document might be required to address this particular item.

•Item #5 (Indemnification) on Page 10, the phrase “...arose from the sole negligence or...” will be changed to “...arose from the negligence or...”

•Item #12 (Compliance with the Health Insurance Portability and Accountability Act (HIPAA) on Page 11. Atty Savaree and Atty Toppel requested that “because” be inserted in the first sentence as noted: “The following does not apply to this Agreement because...” CDF Chief John Ferreira noted that this section is not checked because it does not apply to this agreement. However, after further discussion it was decided that Chief John Ferreira, Atty Savaree and Atty Toppel will develop documentation to clarify.

Exhibit D:

•Schedule A: Chief Ferreira reported that personnel cost estimates for FY 2007/08 through FY 2010/11 are included. These sheets were developed at the request of LAFCo. Schedule A for FY 2006/07 is included in the Cooperative Agreement before the Board. No changes were discussed.

Exhibit E:

on Page 11 (Battalion Chief, Fire Prevention Planning Bureau), the following changes were made:

•from “Assuring proposed construction conforms with the adopted...” to “Assuring proposed construction conforms with all applicable...”

•from “Subdivision review” to “Land Development Review”

•from “Represent the FPD at Planning Commissions meetings...” to “Represent the FPD at Public Agency meetings...”

on Page 11 (Inspector), the following changes were made:

•from “Review plans for compliance to HMBFD and other codes” to “Review plans for compliance with all applicable codes”

After discussion, Director Donovan made a motion to adopt the Resolution before the HMB Board: Resolution of the Half Moon Bay Fire Protection District Board Approving a Contract with the California Department of Forestry changing Exhibit A to Exhibit 1. Director Burke seconded and a roll call vote was taken with Directors Burke, Silva, Lees and Donovan voting yes. Director Eufusia was absent.

Point Montara Director McShane made a motion to adopt the Resolution before the PTM Board: Resolution of the PTMFPD Board Approving a Contract with the California Department of Forestry changing Exhibit A to Exhibit 1. Director MacKimmie seconded and a roll call vote was taken with Directors MacKimmie and McShane voting yes. Director Riddell was absent.

ADJOURNMENT

Director Donovan made a motion to adjourn at 9:40 p.m. Director Lees seconded and the meeting was adjourned.

Respectfully submitted,

Lane Lees

Secretary