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
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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
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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.
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Exhibit 1
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AB 1217
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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
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Constitution because of the challenges faced as a result of the
current governance structure of the Orange County Fire Authority.
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