Amended in Senate June 9, 2015

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 amended, 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,begin delete 2018,end deletebegin insert 2017,end insert 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 selectbegin delete 10end deletebegin insert 11end insert of those board members from cities that contract with the authority for fire protection services, as specified. The bill would additionally requirebegin delete 3end deletebegin insert 2end insert 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 ofbegin delete Orange.end deletebegin insert Orange, as specified.end insert

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:

P2    1

SECTION 1.  

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

3

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,begin delete 2018,end deletebegin insert 2017,end insert the
6Board of Directors of the Orange County Fire Authority shall be
7composed of 13 members, as follows:

begin delete

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.

end delete
begin insert

29(1) Four members from cash contract cities selected as follows:

end insert
begin insert

30(A) One member appointed by the legislative body of the cash
31contract city with the largest population.

end insert
begin insert

32(B) One member selected by the Orange County Fire Authority
33City Selection Committee on a one-city-one-vote basis determined
34by votes cast by cash contract cities only.

end insert
begin insert

P3    1(C) Two members selected by the Orange County Fire Authority
2City Selection Committee on a population weighted election basis
3by votes cast by cash contract cities only.

end insert
begin insert

4(2) Seven members from structural fire fund cities selected as
5follows:

end insert
begin insert

6(A) One member appointed by the legislative body of the
7structural fire fund city with the largest population.

end insert
begin insert

8(B) Two members elected by the Orange County Fire Authority
9City Selection Committee from votes cast by representatives from
10the following cities:

end insert
begin insert

11(i) The City of Cypress.

end insert
begin insert

12(ii) The City of La Palma.

end insert
begin insert

13(iii) The City of Los Alamitos.

end insert
begin insert

14(iv) The City of Villa Park.

end insert
begin insert

15(v) The City of Yorba Linda.

end insert
begin insert

16(C) Two members elected by the Orange County Fire Authority
17City Selection Committee from votes cast by representatives from
18the following cities:

end insert
begin insert

19(i) The City of Aliso Viejo.

end insert
begin insert

20(ii) The City of Dana Point.

end insert
begin insert

21(iii) The City of Laguna Hills.

end insert
begin insert

22(iv) The City of Laguna Niguel.

end insert
begin insert

23(v) The City of San Juan Capistrano.

end insert
begin insert

24(D) Two members elected by the Orange County Fire Authority
25City Selection Committee from votes cast by representatives from
26the following cities:

end insert
begin insert

27(i) The City of Laguna Woods.

end insert
begin insert

28(ii) The City of Lake Forest.

end insert
begin insert

29(iii) The City of Mission Viejo.

end insert
begin insert

30(iv) The City of Rancho Santa Margarita.

end insert
begin delete

29 31(2) Three

end delete

32begin insert(3)end insertbegin insertend insertbegin insertTwoend insert members of the board of supervisors of the County of
33Orange, selected by the board of supervisors, to serve a term of
34two years.begin insert The board of supervisors shall also select an alternate
35member.end insert

begin insert

36(b) (1) A city shall not have more than one member on the board
37at any time, and shall not have a member on the board for more
38than two consecutive terms.

end insert
begin insert

39(2) The members selected pursuant to subparagraphs (B) and
40(C) of paragraph (1) of, and subparagraphs (B), (C), and (D) of
P4    1paragraph (2) of, subdivision (a) shall be selected by the Orange
2County Fire Authority City Selection Committee, which shall be
3comprised of one representative from each city that contracts with
4the Orange County Fire Authority for fire services. A representative
5shall be appointed by the legislative body of the city the
6representative serves.

end insert
begin delete

32 7(b)

end delete

8begin insert(c)end insertbegin insertend insertbegin insert(1)end insert Any member of the board serving as of the effective
9date of this section shall continue to serve until January 1,begin delete 2018,end delete
10begin insert 2017,end insert or until the expiration of his or her term, whichever is sooner.

begin insert

11(2) Commencing January 1, 2017, and thereafter, the members
12of the board shall each serve a term of two years.

end insert
begin insert

13(3) The board shall select a chair and a vice chair from within
14the membership of the board.

end insert
begin insert

15(d) For purposes of this section, the following terms have the
16following meanings:

end insert
begin insert

17(1) “Cash contract city” means a city that contracts for fire
18services with the Orange County Fire Authority and utilizes funds
19from that city’s general fund to pay for those services.

end insert
begin insert

20(2) “Structural fire fund city” means a city that contracts for
21fire services with the Orange County Fire Authority and utilizes
22funds from that city’s structural fire fund to pay for those services.

end insert
23

SEC. 2.  

The Legislature finds and declares that a special law
24is necessary and that a general law cannot be made applicable
25within the meaning of Section 16 of Article IV of the California
26Constitution because of the challenges faced as a result of the
27current governance structure of the Orange County Fire Authority.



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