California Legislature—2015–16 Regular Session

Assembly BillNo. 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.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 6538 is added to the Government Code,
2to read:

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6538.  

(a) Notwithstanding any other law and notwithstanding
4the provisions of the joint powers agreement governing the Orange
5County Fire Authority, on and after January 1, 2018, the Board of
6Directors of the Orange County Fire Authority shall be composed
7of 13 members, as follows:

8(1) (A) (i) One member from each of the five supervisorial
9districts of the County of Orange, elected by the Orange County
10Fire Authority City Selection Committee on a population weighted
11voting basis.

12(ii) One member from each of the five supervisorial districts of
13the County of Orange, elected by the Orange County Fire Authority
14City Selection Committee on a “one city, one vote” basis.

15(B) A city that is within more than one supervisorial district
16shall be considered part of the district where the highest percentage
17of the city’s population resides. Under this circumstance, the entire
18city’s population shall be used for population-weighted voting
19purposes.

20(C) Members elected pursuant to this paragraph shall be a mayor
21or a city council member of a city within the County of Orange,
22and shall serve for a term of two years. A member elected pursuant
23to this paragraph whose term on the city council or as mayor ends
24shall also cease to serve as a member of the board.

25(D) The Orange County Fire Authority City Selection
26Committee shall consist of either the mayor or a member of the
27city council of each city that contracts with the Orange County
28Fire Authority for fire protection services.

29(2) Three members of the board of supervisors of the County
30of Orange, selected by the board of supervisors, to serve a term of
31two years.

32(b) Any member of the board serving as of the effective date of
33this section shall continue to serve until January 1, 2018, or until
34the expiration of his or her term, whichever is sooner.

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SEC. 2.  

The Legislature finds and declares that a special law
36is necessary and that a general law cannot be made applicable
37within the meaning of Section 16 of Article IV of the California
P3    1Constitution because of the challenges faced as a result of the
2current governance structure of the Orange County Fire Authority.



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