Oakland Municipal Code Ch. 2.48 Wildfire Prevention Commission

In compliance with the Wildfire Prevention Financing Act of 2024 and pursuant to Section 601 of the Charter of the City of Oakland, there is hereby created the Wildfire Prevention Commission. The duties and functions of this Commission shall continue as long as the taxes imposed by the Wildfire Prevention Financing Act of 2024 are collected.

(Ord. No. 13846, § 1, 6-3-2025)

It shall be the duty and function of the Wildfire Prevention Commission to:

A. Advise on the implementation of a comprehensive Vegetation Management Plan (VMP).

B. Review the annual operational use of the special tax proceeds in reducing wildfire risk;

C. Make advisory recommendations to the City Council regarding the use of funds including policy recommendations to further wildfire prevention efforts;

D. Study best practices from other jurisdictions, participate in regional wildfire prevention forums, and support outreach and public education efforts in the Wildfire Prevention Zone and Citywide; and

E. Receive informational reports from City staff on annual expenditures and on measures taken under the Vegetation Management Plan.

(Ord. No. 13846, § 2, 6-3-2025)

A. The Commission shall be composed of seven (7) members who shall be appointed by the Mayor and confirmed by the Council. Councilmembers from Districts 1, 4, 6, and 7 (all districts included in the Wildfire Prevention Zone) and the At-Large Councilmember shall each recommend a representative to the Mayor for appointment. To the extent practical, Commission appointments shall reflect the geographical diversity of the City with the goal of at least half of the members residing or owning property in the Wildfire Prevention Zone.

B. At least one (1) Commissioner shall be a current or former firefighter or other person educated in wildfire prevention. To the extent practical, all Commissioners shall have qualifications relevant to the work of the Board such as, but not limited to, the following:

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Associates Degree in Fire Science Technology;

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Landscape Architect Certification;

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Firefighter 1 Certification, Office of the State Fire Marshal;

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Arborist Certification, International Society of Arborists;

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Professional Forester Registration, California State Board of Forestry and Fire Protection;

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Fire Inspector 1 Certification or proof of completion of entire 1 series, Office of the State Fire Marshal;

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Completion of Office of the State Fire Marshal S-190 Course (Introduction to Wildland Fire Behavior & S-290: Intermediate Wildland Fire Behavior);

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Five (5) or more years of experience serving as a firefighter.

C. Four (4) members shall constitute a quorum.

D. Each Commissioner shall serve as a volunteer without pay.

E. The members shall be appointed to overlapping terms of three (3) years beginning on June 1 of each year and ending on May 31 three (3) years later, or until a successor is appointed and confirmed pursuant to Section 601 of the City Charter. An appointment to fill a vacancy shall be for an unexpired term only. To assure that terms overlap, appointments shall be as follows: two (2) initial members will serve a three-year initial term, two (2) initial members will serve a two-year term, and one (1) initial member will serve a one-year initial term.

F. In the event an appointment to fill a vacancy has not occurred by the expiration of a member's term, that member may remain in a holdover capacity for up to one (1) year only following the expiration of their term or until a replacement is appointed, whichever is earlier.

G. No member of the Wildfire Prevention Commission shall serve more than (2) consecutive terms. If a member serves a year or less of either a staggered term or in which they assumed a term, they can serve a third consecutive term if their first term was a year or less. Members can serve a maximum of seven (7) years.

(Ord. No. 13846, § 3, 6-3-2025)

A. A vacancy on the Wildfire Prevention Commission will exist whenever a member dies, resigns, or is removed, or whenever an appointee fails to be confirmed by the Council within sixty (60) days of appointment. Vacancies shall be filled for any unexpired term provided, however, that if the Mayor does not submit for confirmation a candidate to fill the vacancy within ninety (90) days of the date the vacancy first occurred, the Council may fill the vacancy. If the Mayor does submit for confirmation a candidate to fill a vacancy within the ninety-day time frame and the Council does not confirm the candidate, the ninety-day period shall commence anew. For purposes of this section, a seat filled by a holdover appointment will be considered vacant as of the expiration of the holdover's prior term of office.

B. Pursuant to the Charter Section 601, a member may be removed for cause, after a hearing, by the affirmative vote of at least six (6) Council members. Excessive absences shall be a cause for removal and will be defined in the adopted bylaws of the Wildfire Prevention Commission.

(Ord. No. 13846, § 4, 6-3-2025)

A. Officers and Elections. At the first regular meeting, and subsequently at the first regular meeting of each year, members of the Wildfire Prevention Commission shall elect a Chairperson and a Vice Chairperson.

B. Meetings and Voting. The Wildfire Prevention Commission shall meet at an established regular interval, day of the week, time in Oakland City Hall. Such meetings shall be designated regular meetings. Other meetings scheduled for a time or place other than the regular day, time and location shall be designated special meetings. Written notice of special meetings shall be provided to the Wildfire Prevention Commission members and all meetings of the Commission shall comport with the Ralph M. Brown Act and the City's "Sunshine Ordinance" (Chapter 2.20 of the Oakland Municipal Code).

The Wildfire Prevention Commission shall, in consultation with the City Administrator, establish bylaws, rules and procedures for the conduct of its business by a majority vote of the members present. Voting shall be required for the adoption of any motion or resolution. Any action of the Wildfire Prevention Commission shall be approved by a majority of members present provided a quorum exists.

C. Staff. Staff assistance may be provided to the Wildfire Prevention Commission as determined by the City Administrator pursuant to their authority under the Charter to administer all affairs of the City under the City Administrator's jurisdiction.

D. Subcommittees. The Commission may, in its discretion, create standing and/or ad hoc subcommittees to focus on and advise the Commission on designated issues, programs, or tasks, consistent with the Commission's duties and functions as proscribed herein.

(Ord. No. 13846, § 5, 6-3-2025)