HomeMy WebLinkAbout15 OPPOSING AB 911 02-20-01y-~y~_i~I'N ]..;~ _1~1- kJ]~'% ! No.15
"' 02-20-01
MEETING DATE: FEBRUARY 20, 2001
TO'
FROM'
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
RESOLUTION OPPOSING AB 911
RECOMMENDATION'
That the City Council adopt Resolution No. 01-17 opposing AB 911 (Maddox).
BACKGROUND:
Assemblymember Ken Maddox has announced his intention to introduce AB 911. This bill
is not. in print as yet but must be introduced by February 23, 2001 in order to be considered
in the current sessio'n of the Legislature. As described by Assemblymember Maddox, AB
911 would require a directly elected Board of Directors for the Orange County Fire Authority
(OCFA).
DISCUSSION'
Pursuant to the Joint Powers Agreement (JPA) which formed OC.FA, all members of the
JPA appoint a City Council member to serve on the OCFA Board of Directors. This affords
each City the opportunity to participate in the policy making for OCFA. One of the major
milestones following creation of OCFA was resolution of the longstanding dispute over how
to allocate costs among the members of OCFA. Last year, the City Council approved a 10-
year contract with OCFA. The contract provides for annual caps on the cost of the contract
and the City's participation in governance of OCFA.
Assemblymember Maddox has commented in newspaper articles that he feels OCFA needs
a directly elected Board of Directors in order to be more responsive and accountable. The
accountability issue is puzzling to all concerned since the OCFA Board of Directors consists
of elected City Council members and two members of the Orange County Board of
Supervisors.
From the City of Tustin's perspective, the issue of accountability and responsiveness can be
addressed by considering historical costs for fire services. From 1985 until 1995, when the
JPA was formed, Tustin's annual contract for fire services increased an average of 7.35
percent. During this time, the fire department was subject to the oversight of the Orange
County Board of Supervisors (five directly elected officials). Since formation of the Joint
Powers Authority, the City's annual contract for fire services has increased an average of
2.56 percent.
RESOLUTION NO. 01-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN OPPOSING ANY
EFFORTS TO ENACT LEGISLATION THAT WOULD INVOLUNTARILY
RESTRUCTURE THE COMPOSITION OF THE.ORANGE COUNTY FIRE AUTHORITY
(OCFA) REPRESENTATIVE GOVERNING BOARD
WHEREAS, the Orange County Fire Authority ("OCFA") was created as a Joint
Powers Authority (JPA) on March 1, 1995, with a governing board consisting of two
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members of the Orange County Board of Supervisors and one City Council member
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from each city receiving fire protection and emergency medical services from OCFA;
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and
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WHEREAS, prior to formation of OCFA, fire protection and emergency medical
services were provided to eighteen cities by the Orange County Fire Department; and
WHEREAS, the primary purpose in creating OCFA was to modify the
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governance structure so that participating cities had a direct role in determining the
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quality of service and cost of fire protection and emergency medical services in their
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communities for a period of five years. Each member of this newly formed JPA
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individually had the statutory ability to provide fire suppression, protection, medical
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services as well as providing facilities and personnel for such services; and
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WHEREAS, on September 23, 1999, the County of Orange and nineteen cities
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renewed their Joint Powers Agreement for an additional ten years and revised i't to
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assure a more equitable treatment of cost and revenue as it relates to. service received
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in each community, and'an additional two cities agreed to become members under the
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terms of the revised J PA; and
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WHEREAS, the past and future success of the organization as a first-class fire
protection and emergency medical services provider is directly related to the fact that
each jurisdiction receiving such services is represented on its governing board and is
directly accountable to the community served.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
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The City Council for the City of Tustin strongly endorses the right of each
municipality receiving and paying for fire protection and emergency medical
services to participate on the governing board of the agency they established to
furnish those services.
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The City Council directs the City Manager to undertake all necessary legislative
advocacy and prepare an appropriate legal challenge to discourage the State of
California from enacting legislation that would serve .to involuntarily restructure
the composition of its representative governing board
3. The City Council strongly encourages the Orange County State Legislative
delegation to oppose any efforts' to enact legislation that would involuntarily
restructure the composition of its representative governing board.
Mayor
ATTEST:
City Clerk