Amended in Senate June 23, 2016

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 billbegin delete would, as of January 1, 2017, requireend deletebegin insert would prohibit the composition ofend insert the Board of Directors of the Orange County Firebegin delete 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 11 of those board members from cities that contract with the authority for fire protection services, as specified. The bill would additionally require 2 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, as specified.end deletebegin insert Authority from including alternate members.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    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature to reevaluate the
2structure of the Board of Directors of the Orange County Fire
3Authority within a reasonable period from the effective date of this
4act end insert
begin insertto consider the effectiveness of the size and structure of the
5board.end insert

6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6538 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
7read:end insert

begin insert
8

begin insert6538.end insert  

Notwithstanding any other law, the composition of the
9Board of Directors of the Orange County Fire Authority shall not
10include alternate members.

end insert
11begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
12is necessary and that a general law cannot be made applicable
13within the meaning of Section 16 of Article IV of the California
14Constitution because of the challenges faced as a result of the
15current governance structure of the Orange County Fire Authority.

end insert
begin delete
16

SECTION 1.  

Section 6538 is added to the Government Code,
17to read:

18

6538.  

(a) Notwithstanding any other law and notwithstanding
19the provisions of the joint powers agreement governing the Orange
20County Fire Authority, on and after January 1, 2017, the Board of
21Directors of the Orange County Fire Authority shall be composed
22of 13 members, as follows:

23(1) Four members from cash contract cities selected as follows:

24(A) One member appointed by the legislative body of the cash
25contract city with the largest population.

26(B) One member selected by the Orange County Fire Authority
27City Selection Committee on a one-city-one-vote basis determined
28by votes cast by cash contract cities only.

29(C) Two members selected by the Orange County Fire Authority
30City Selection Committee on a population weighted election basis
31by votes cast by cash contract cities only.

32(2) Seven members from structural fire fund cities selected as
33follows:

P3    1(A) One member appointed by the legislative body of the
2structural fire fund city with the largest population.

3(B) Two members elected by the Orange County Fire Authority
4City Selection Committee from votes cast by representatives from
5the following cities:

6(i) The City of Cypress.

7(ii) The City of La Palma.

8(iii) The City of Los Alamitos.

9(iv) The City of Villa Park.

10(v) The City of Yorba Linda.

11(C) Two members elected by the Orange County Fire Authority
12City Selection Committee from votes cast by representatives from
13the following cities:

14(i) The City of Aliso Viejo.

15(ii) The City of Dana Point.

16(iii) The City of Laguna Hills.

17(iv) The City of Laguna Niguel.

18(v) The City of San Juan Capistrano.

19(D) Two members elected by the Orange County Fire Authority
20City Selection Committee from votes cast by representatives from
21the following cities:

22(i) The City of Laguna Woods.

23(ii) The City of Lake Forest.

24(iii) The City of Mission Viejo.

25(iv) The City of Rancho Santa Margarita.

26(3) Two members of the board of supervisors of the County of
27Orange, selected by the board of supervisors, to serve a term of
28 two years. The board of supervisors shall also select an alternate
29member.

30(b) (1) A city shall not have more than one member on the
31board at any time, and shall not have a member on the board for
32more than two consecutive terms.

33(2) The members selected pursuant to subparagraphs (B) and
34(C) of paragraph (1) of, and subparagraphs (B), (C), and (D) of
35paragraph (2) of, subdivision (a) shall be selected by the Orange
36County Fire Authority City Selection Committee, which shall be
37comprised of one representative from each city that contracts with
38the Orange County Fire Authority for fire services. A representative
39shall be appointed by the legislative body of the city the
40representative serves.

P4    1(c) (1) Any member of the board serving as of the effective
2date of this section shall continue to serve until January 1, 2017,
3or until the expiration of his or her term, whichever is sooner.

4(2) Commencing January 1, 2017, and thereafter, the members
5of the board shall each serve a term of two years.

6(3) The board shall select a chair and a vice chair from within
7the membership of the board.

8(d) For purposes of this section, the following terms have the
9following meanings:

10(1) “Cash contract city” means a city that contracts for fire
11services with the Orange County Fire Authority and utilizes funds
12from that city’s general fund to pay for those services.

13(2) “Structural fire fund city” means a city that contracts for
14fire services with the Orange County Fire Authority and utilizes
15funds from that city’s structural fire fund to pay for those services.

16

SEC. 2.  

The Legislature finds and declares that a special law
17is necessary and that a general law cannot be made applicable
18within the meaning of Section 16 of Article IV of the California
19Constitution because of the challenges faced as a result of the
20current governance structure of the Orange County Fire Authority.

end delete


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