BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1217


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          Date of Hearing:  May 13, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 1217  
          (Daly) - As Introduced February 27, 2015


          SUBJECT:  Orange County Fire Authority.


          SUMMARY:  Restructures the governing board of the Orange County  
          Fire Authority.  Specifically, this bill:  


          1)Requires, notwithstanding any other law and notwithstanding  
            the provisions of the joint powers agreement governing the  
            Orange County Fire Authority (OCFA), on and after January 1,  
            2018, the Board of Directors (Board) of the OCFA to be  
            composed of 13 members, as follows:



             a)   Three members of the Board of Supervisors (BOS) of the  
               County of Orange (County), selected by the BOS, to serve a  
               term of two years;



             b)   One member from each of the five supervisorial districts  
               of the County, elected by the OCFA City Selection Committee  
               (as described by this bill) on a population weighted voting  
               basis; and,









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             c)   One member from each of the five supervisorial districts  
               of the County, elected by the OCFA City Selection Committee  
               on a "one city, one vote" basis.



          2)Requires a city that is within more than one supervisorial  
            district to 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.



          3)Provides that OCFA Board members elected by the OCFA City  
            Selection Committee shall be a mayor or a city council member  
            of a city within the County, and shall serve for a term of two  
            years.  An OCFA Board member elected in this manner whose term  
            on the city council or as mayor ends shall also cease to serve  
            as a member of the OCFA Board.



          4)Requires the OCFA City Selection Committee to consist of  
            either the mayor or a member 
          of the city council of each city that contracts with the OCFA  
            for fire protection services.



          5)Requires any member of the OCFA Board serving as of the  
            effective date of this bill to continue to serve until January  
            1, 2018, or until the expiration of his or her term, whichever  
            is sooner.











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          6)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 Constitution  
            because of the challenges faced as a result of the current  
            governance structure of the OCFA.




          EXISTING LAW:  


          1)Authorizes two or more public agencies, by agreement, to form  
            a joint powers authority (JPA) to exercise any power common to  
            the contracting parties, as specified. 


          2)Authorizes the joint powers agreement to set forth the manner  
            by which the JPA will be governed. 


          3)Authorizes the BOS 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.


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Bill Summary.  This bill restructures the composition of the  
            OCFA Board by reducing the current, 25-member Board to 13  
            members, most of whom would be selected by an  
            as-yet-to-be-created OCFA City Selection Committee.  The  
            existing OCFA Board - comprised of two members from the County  
            BOS and one member from each of the cities that are a party to  
            the JPA that created the OCFA - would be eliminated.  Instead,  








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            the OCFA Board would be comprised of the following:



             a)   Three members of the County BOS, selected by the BOS;



             b)   One member from each of the five supervisorial districts  
               of the County, elected by the OCFA City Selection Committee  
               on a population weighted voting basis; and,



             c)   One member from each of the five supervisorial districts  
               of the County, elected by the OCFA City Selection Committee  
               on a "one city, one vote" basis.



            This bill is sponsored by the author.


          


          2)Author's Statement.  According to the author, "The Orange  
            County Fire Authority was created through a Joint Powers  
            Agreement enacted in 1995.  Since then, the OCFA has enlarged  
            its membership, with a current board of directors consisting  
            of 25 members, representing the 23 municipal agency (city)  
            partners plus the County of Orange.  This is the largest JPA  
            board of directors providing fire services in the State of  
            California.



            "After 20 years, it is appropriate for the current OCFA  
            governing board structure be reviewed and updated.  In fact,  








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            last year the OCFA board performed a self-survey as part of a  
            larger review of the agency.  That survey found a general  
            consensus of the board that its current size "increases  
            bureaucracy, redundancy from work already done in committees,  
            and makes decision making more difficult."  Furthermore, there  
            is a more than a 30% turnover every two years on the board,  
            leading to an average of only two-four years of experience per  
            board member.  This outdated structure makes consensus and  
            governing difficult for a dynamic agency serving over 1.7  
            million residents."




          3)Background.  The OCFA is a regional fire service agency that  
            serves 23 cities in Orange County and all unincorporated  
            areas.  The OCFA protects over 1,680,000 residents from its 71  
            fire stations located throughout the County.  OCFA Reserve  
            Firefighters work 10 stations throughout the County.



            The OCFA was formed in 1995 to provide regional fire  
            protection and related services to the County of Orange and 18  
            member cities.  Subsequent to formation, five additional  
            cities have become members of the OCFA.  The original JPA  
            agreement was amended in 1999 and renewed in 2010.  The term  
            of the JPA runs through 2030, though member cities currently  
            have the option to withdraw in 2020.



            The OCFA Board has twenty-five members and sets policy  
            according to its adopted Rules of Procedure.  Twenty-three of  
            the members represent partner cities, and two members  
            represent the County's unincorporated area.  The OCFA Board  
            meets bimonthly, usually on the fourth Thursday of the month.   
            The Board established an Executive Committee and a Budget and  
            Finance Committee, both of which meet monthly.  The Board also  








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            has a Claims Settlement Committee.  The Chair of the Board  
            makes appointments to the Committees on an annual or as-needed  
            basis.





            The OCFA provides fire services for the following cities:  
            Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, Laguna  
            Hills, Laguna Woods, Laguna Niguel, Laguna Woods, Lake Forest,  
            La Palma, Los Alamitos, Mission Viejo, Placentia, Rancho Santa  
            Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal  
            Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba  
            Linda.





          4)Joint Exercise of Powers Act.  JPAs have existed in California  
            for nearly 100 years, and were originally created to allow  
            multiple local governments in a region to pool resources to  
            meet common needs.  The Act authorizes federal, state and  
            local agencies to create and use a joint powers agreement,  
            which is a legal document that allows the contracting parties  
            to exercise powers that are common to all of the contracting  
            parties.  



            A joint powers agreement can be administered by one of the  
            contracting agencies, or it can be carried out by a new,  
            separate public entity called a joint powers authority (JPA).   
            Joint powers agreements are an attractive tool for local  
            governments because they facilitate more efficient service  
            provision through collaboration, and they allow local entities  
            to issue bonds without voter ratification.  Public officials  
            have created about 700 JPAs statewide.








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            The OCFA is not a special district, but was formed as a JPA  
            and is, therefore, governed by California's JPA laws.  Its  
            agreement allows OCFA's member agencies to change the OCFA  
            Board by a two-thirds vote.





          5)Policy Considerations.  The Committee may wish to consider the  
            following:



             a)   Changes to OCFA's Board.  Supporters of this bill  
               contend that reducing the size of the Board will make it  
               more efficient.  They also contend that it will stabilize  
               the composition of the Board by creating more certainty  
               among Board members.  Currently, there are 25 members and  
               24 alternates, which means any combination of those 49  
               people could be present for any Board meeting.  Supporters  
               note that this is especially critical when issues are  
               debated over several meetings. 
               Opponents, however, raise a number of concerns with this  
               bill.  First, they point out that the bill eliminates  
               direct representation among all member cities in  
               contravention of the JPA that created the OCFA.  According  
               to the OCFA website, a JPA model was selected as the  
               governance structure for the OCFA specifically because  
               there was a need for "more direct oversight by all  
               participating agencies."  Prior to the formation of the  
               JPA, fire services for the County were provided by the  
               Orange County Fire Department under the oversight of the  
               County BOS.  The website notes, "Its initial service area  








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               included the unincorporated portions of the County and nine  
               cities.  However, over time with the incorporation of five  
               new cities and four other cities joining the Department,  
               the percentage of the total service population that resided  
               in the Department's member cities grew from 48% in 1980 to  
               83% in 1995."  OCFA's member agencies joined the JPA with  
               the agreement that each contracting city has a seat on the  
               Board, and the County has two.  The Committee may wish to  
               consider whether it is appropriate for the Legislature to  
               dictate the terms of an already-existing JPA.





               This bill also creates a disadvantage for some cities  
               currently represented on the Board, while favoring others.   
               Five cities will have virtually guaranteed seats (Buena  
               Park, Irvine, Placentia, Santa Ana, and Westminster).  The  
               other 18 cities would have to jockey for the remaining five  
               seats.  The 10 OCFA cities in south Orange County would  
               only have two seats, losing a combined eight seats.   
               Thirteen OCFA cities in the central and north parts of the  
               County would have eight seats, losing a combined five  
               seats.  The Committee may wish to consider whether it  
               wishes to pick winners and losers on the re-configured  
               Board.


          


             b)   Survey Recommendations.  The Author's office has cited a  
               survey conducted by the OCFA as justification for changing  
               the Board's composition.  However, while the survey  
               contained a number of recommendations for improving  
               management generally at OCFA and specifically for expanding  
               training for Board members, it contained no recommendations  
               to alter the structure of the Board.








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             c)   OCTA as a Model.  Supporters also cite the successful  
               operation of the Orange County Transportation Authority  
               (OCTA), which has 17 directors on its Board and features  
               population-based weighted voting as well as representation  
               by the County's City Selection Committee.  However, the  
               OCTA is not a JPA.  It is a special district, which garners  
               its authority directly from the Legislature.  As such, it  
               is appropriate for the Legislature to exercise this  
               authority over OCTA's governance structure.



          6)Prior legislation.  AB 1104 (Maddox) of 2001 took several  
            forms, the last of which provided that, when the proceeds of  
            taxes levied by a county pursuant to the Shade Tree Law of  
            1909 are allocated to an agency formed pursuant to JPA law for  
            the purpose of providing fire protection services, those  
            proceeds may not be appropriated by that agency in a manner  
            that provides a financial advantage to any city that  
            participates in the agency over the other participating  
            cities.  AB 1104 was generally panned in local press articles  
            as an effort by the author to gain favor with OCFA's  
            firefighters' union, which favored a smaller Board for the  
            ease of lobbying it would have provided.  AB 1104 was referred  
            to the Assembly Local Government Committee, but was never  
            heard.




          7)Arguments in Support.  The City of Santa Ana, in support,  
            writes, "Assembly Bill 1217 proposes a smaller, streamlined  
            board of 13 members.  Modeled after the Orange County  
            Transportation Authority, this structure will ensure that the  
            City of Santa Ana has a stronger voice on policy matters  
            considered by the OCFA Board of Directors.  A smaller board  








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            also facilitates consensus and governing for a crucially  
            important agency serving over 1.7 million residents.



            "In 2012, the Santa Ana City Council joined the Orange County  
            Fire Authority.  This decision has saved Santa Ana millions of  
            dollars annually while maintaining all ten of our city's fire  
            stations.  The Orange County Fire Authority has provided great  
            service to the city - in fact, one out of residents served by  
            OCFA lives in Santa Ana."



          8)Arguments in Opposition.  The Orange County Fire Authority, in  
            opposition, states, "We oppose any legislation that preempts  
            local authority and this bill seeks to impose a State solution  
            to a perceived problem that the proponents have grossly  
            exaggerated?The Orange County Professional Firefighters  
            Association has stated in public meetings that the genesis of  
            this bill is to address long since resolved issues with  
            oversight and governance.  (We) have worked collaboratively  
            over the past year to put in place new management and  
            processes to ensure a more engaged Board.  In contrast, this  
            bill would remove many Directors who have been active in  
            transforming the OCFA.



            "Sacramento should not dictate the form, size, and structure  
            of local governance especially when it impacts the delivery of  
            fire and emergency medical service?One should ask if this bill  
            does become law what is to prevent other efforts to remake  
            local legislative bodies?"



          REGISTERED SUPPORT / OPPOSITION:









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          Support


          City of Santa Ana




          Opposition


          Association of California Cities - Orange County


          Cities of Aliso Viejo, Buena Park, Cypress, Dana Point, La  
          Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest,  
          Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita,  
          San Clemente, San Juan Capistrano, Seal Beach, Stanton, Tustin,  
          Villa Park, Westminster, and Yorba Linda


          Orange County Fire Authority




          Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958

















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