RE CIT
CRESCENT
CITY
CALIFORNIN THE & RESCUE
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
THURSDAY JUNE 30, 2022 5:30 P.M.
OPEN SESSION
Crescent Fire Protection District Board of Directors
Call to order Chairman Nelson called the meeting to order at 5:34 p.m. for the Board Roll call Directors present: Director Joe Gregorio, Director Jim Erler, Director Rick Kelley, Vice Chair David Short, and Chairman Jim Nelson
Staff present: Clerk of the Board Vanessa Duncan
City Council
Call to order Mayor Greenough called the meeting to order at 5:35 p.m. for the Council Roll call
Council Members present: Council Member Ray Altman, Council Member Blake Inscore, Council Member Beau Smith, Mayor Pro Tem Wright, and Mayor Jason Greenough
Staff present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Human Resources Manager Sunny Gonzales, Economic Development and Recreation Director Ashley Taylor, Fire Chief Kevin Carey, and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Greenough
City of Crescent City/Crescent Fire Protection
Special Meeting Minutes
PUBLIC COMMENT PERIOD June 30, 2022
There were no public comments for the Board.
There were no public comments for 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.
Crescent Fire Protection District Board of Directors approved the May 17, 2022 meeting minutes On a motion by Director Erler and seconded by Vice Chair Short and carried unanimously, the of the City Council and Fire Protection District Board. of the City of Crescent City approved the May 17, 2022 meeting minutes of the City Council and On a motion by Mayor Pro Tem Wright and seconded by Council Member Altman, the City Council Fire Protection District Board.
next action item as they are both volunteer firefighters and eligible to receive stipends, which Council Member Smith and Director Gregorio recused themselves (and left the room) from the creates a conflict of interest.
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 VOLUNTEER FIREFIGHTERS EFFECTIVE JULY 1, 2022 ESTABLISHING STIPENDS FOR CRESCENT CITY FIRE AND RESCUE City Manager Wier reported to the Council and Board that 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 and soaring gasoline prices. When volunteer firefighters respond to calls for service, they are beneficial. The City, along with the rest of the nation, has been experiencing rising rates of inflation utilizing their own vehicles and fuel. When volunteers are covering a 12-hour shift, they have 2 City of Crescent City/Crescent Fire Protection
Special Meeting Minutes
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.
City Attorney Rice went over the process to get to the stipend amounts being presented tonight and stated that the law limits the amount that "volunteers"| can be paid for their service.
Specifically, "[volunteers 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. Fire Chief Carey stated that this is important to him as the leader of the fire to calls and due to the change in the economy and everything being more costly, the stipend department, but for the community. He spoke of the many sacrifices firefighters make to respond would need to be raised. He detailed the types of coverages and the ranks along with their stipend amounts. For 12-hour shifts, Duty Battalion Chiefs: current stipend: $100, new: $175; Duty Captains: current: $50, new: $100; Sleeper Program: current: $50, new: $75. For response Non-Officer: current: $10, new $20; Fire - Officer: current: $15, new: $25; Training: current: $10, stipends: Medical- Non-EMT: current: $5, new $10; Medical - EMT: current: $10, new $15; Fire new: $10; ARFF Shift: current: $50, new $50. The monthly stipend caps are as follows:
firefighters: $1,485.25; engineers: $1,666.63; captains: $1,871.98; battalion chiefs: $2,230.92.
Mayor Greenough asked if the firefighters cap out, would they still be able to respond to calls? City Manager Wier stated that they can still respond to calls, they just wouldn't be able to receive the stipend.
Vice Chair Short asked when the last time we spoke about stipends; City Manager Wier stated it was back in 2018 and changes were made at that time. Vice Chair Short asked that a policy be created so stipends can be reviewed every two years; City Manager Wier stated that yes, that could be direction to staff. He further stated that a budget adjustment would not be necessary for this stipend at this time.
Director Erler asked how the cap was determined; City Attorney Rice stated that 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. And 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. Director Erler asked if it includes benefits; City Attorney Rice answered in the affirmative. Director Erler asked if the statewide average was used; City Attorney Rice stated that no, it was based on Humboldt Bay and Arcata Fire District.
Fire Chief Carey stated what was important is to retain the firefighters. City Manager Wier stated that in the resolution it states that if someone has to travel out of the area who come to Del Norte City of Crescent City/Crescent Fire Protection
Special Meeting Minutes
for duty time, they will be compensated for travel. Director Erler asked how someone out of the area could be a firefighter in Del Norte as there is training and meetings that they have to attend; Fire Chief Carey answered stated that in our policy it states that they have so many meetings they are required to attend in order to stay a volunteer firefighter. Council Member Inscore stated that he supports the stipend and agrees that the stipends need to be reviewed annually. Mayor Greenough agreed that it needs to be reviewed biannually.
The Council was in unanimous consensus to make it a policy that the stipends need to be reviewed biannually.
There were no public comments.
On a motion by Director Kelley, seconded by Vice Chair Short and carried unanimously on a 5-0 polled vote, the Crescent Fire Protection District Board of Directors approved and adopted 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.
On a motion by Mayor Pro Tem Wright, seconded by Council Member Inscore, and carried on a 4-0 polled vote with Council Member Smith being recused, the City Council of the City of Crescent City approved and adopted 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.
ADJOURNMENT
Crescent Fire Protection District Board of Directors:
At 6:05 p.m., Chair Nelson adjourned 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:
At 6:05 p.m., Mayor Greenough adjourned to the special meeting of the City Council of the City of Crescent City scheduled for June 30, 2022 at 6:15 p.m. at the Washington Fire Station, 255 Washington Blvd., Crescent City, CA 95531.
ATTEST:
Itinan
Robin Altman Vanessa Duncan
City Clerk/Administrative Analyst Clerk of the Board
City of Crescent City Crescent Fire Protection District 4