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HomeMy WebLinkAbout65A - DISCUSS AB 1217 OCFAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: DISCUSSION AND DIRECTION ON ASSEMBLY BILL 1217 (DALY) REGARDING ORANGE COUNTY FIRE AUTHORITY GOVERNING STRUCTURE CITY MAN "ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on lot Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Discuss and provide direction to staff on Assembly Bill 1217, which would require the Board of Directors of the Orange County Fire Authority, a joint powers agency, to consist of thirteen members, each serving a two -year term. DISCUSSION Assembly Bill 1217, introduced by Assemblyman Tom Daly (D- Anaheim), would modify the composition of the Orange County Fire Authority (OCFA) in a manner that is similar to the Orange County Transportation Authority. The bill would require the Board of Directors of OCFA to decrease the number of directors to thirteen; three of which would be County Board of Supervisors, and ten city members, two from each supervisorial district. The bill would go into effect January 1, 2018. The current composition of the OCFA Board of Directors is determined by the joint powers agreement that created the authority, as amended. The OCFA Board of Directors has twenty -five members; two of which are County Board Supervisors, and twenty -three member agencies. Each member agency also appoints an alternate to act in each director's absence. Each director and alternate serves at the pleasure of his or her governing board. Under the language of the proposed bill, the City of Santa Ana would not lose its representation on the Board as there are currently only two member agencies in Supervisorial District 1. Also, the City is likely to retain a seat due to its population. Supporters of the bill state the intent is to stabilize the makeup of the OCFA Board of Directors. Currently there are twenty -five members and twenty -four alternates, which means any mix of 65A -1 Discussion and Direction on Assembly Bill 1217 April 7, 2015 Page 2 forty -nine people could be present for any board meeting. This is argued to be more critical when issues are debated over several meetings. Opponents believe that reducing the size of the OCFA Board of Directors by eliminating the representation of all member cities will impair the terms of the joint powers authority that created OCFA and unreasonably disadvantages some cities currently represented on the board. Of particular concern is that five cities would be virtually guaranteed seats (Buena Park, Irvine, Placentia, Santa Ana, and Westminster), while other cities would have to jockey for the remaining five seats. The bill does not account for the fact that the number of cities in each district is not equal. The bill also fails to specify how the three supervisors are to be selected; by the Board of Supervisors or via the OCFA City Selection Committee created by the bill. The committee itself is not comprised of any supervisors. FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit 1: Assembly Bill No. 1217 65A -2 CALIFORNIA LEGISLATURE - 2015 -16 REGULAR SESSION ASSEMBLY BILL No. 1217 Introduced by Assembly Member Daly February 27, 2015 An act to add Section 6538 to the Government Code, relating to joint powers. LEGISLATIVE COUNSEL'S DIGEST AB 1217, as introduced, Daly. Orange County Fire Authority. Existing law authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. Existing law authorizes the board of supervisors of any county to contract with any local agency within the county or with the state for services relating to the prevention and suppression of fires. This bill would, as of January 1, 2018, require the Board of Directors of the Orange County Fire Authority, a joint powers agency, to consist of 13 members, each serving a term of 2 years. The bill would create the Orange County Fire Authority City Selection Committee to select 10 of those board members from cities that contract with the authority for fire protection services, as specified. The bill would additionally require 3 of the members of the Board of Directors of the Orange County Fire Authority to be members of the board of supervisors of the County of Orange. This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Fire Authority. Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no. m Exhibit 1 65A -3 AB 1217 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 MM The people of the State of California do enact as follows: SECTION 1. Section 6538 is added to the Government Code, to read: 6538. (a) Notwithstanding any other law and notwithstanding the provisions of the joint powers agreement governing the Orange County Fire Authority, on and after January 1, 2018, the Board of Directors of the Orange County Fire Authority shall be composed of 13 members, as follows: (1) (A) (i) One member from each of the five supervisorial districts of the County of Orange, elected by the Orange County Fire Authority City Selection Committee on a population weighted voting basis. (ii) One member from each of the five supervisorial districts of the County of Orange, elected by the Orange County Fire Authority City Selection Committee on a "one city, one vote" basis. (B) A city that is within more than one supervisorial district shall be considered part of the district where the highest percentage of the city's population resides. Under this circumstance, the entire city's population shall be used for population - weighted voting purposes. (C) Members elected pursuant to this paragraph shall be a mayor or a city council member of a city within the County of Orange, and shall serve for a term of two years. A member elected pursuant to this paragraph whose term on the city council or as mayor ends shall also cease to serve as a member of the board. (D) The Orange County Fire Authority City Selection Committee shall consist of either the mayor or a member of the city council of each city that contracts with the Orange County Fire Authority for fire protection services. (2) Three members of the board of supervisors of the County of Orange, selected by the board of supervisors, to serve a term of two years. (b) Any member of the board serving as of the effective date of this section shall continue to serve until January 1, 2018, or until the expiration of his or her term, whichever is sooner. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California 65A -4 99 -3— AB 1217 Constitution because of the challenges faced as a result of the current governance structure of the Orange County Fire Authority. p 65A -5 99 65A -6