HomeMy WebLinkAboutCC RES 94-083RESOLUTION NO. 94-83
A RESOLUTION OF THE CITY OF TUSTIN APPROVING A JOINT EXERCISE
OF POWERS AGREEMENT TO FORM THE ORANGE COUNTY FIRE AUTHORITY
AND AGREE TO PARTICIPATE IN ACTIVITIES THAT SUPPORT AUTHORITY
FORMATION
Whereas, the City of Tustin has continued to support
efforts to achieve direct participation by city elected
officials in governing fire services that are now provided by
Orange County to the City of Tustin and other Orange County
cities; and
Whereas, it is now the intent of the participating cities
and the county that a fire authority be formed pursuant to
Article 1, Chapter 5, Title 1 of the Government Code of the
State of California to assume all of the services that are now
performed by the Orange County Fire Department; and
Whereas, a primary purpose in forming the authority is to
provide a means for cities, which comprise approximately 85%
of the population served by the fire department, and the
county to formally share governance and financial
responsibility for the fire service program; and
Whereas, one year ago the cities reached a preliminary
written understanding with the county on matters related to
the transfer of tax funds and the transition of service
responsibilities to form an independent fire protection
district and those provisions of the original understanding
that are applicable to a fire authority have been included in
the attached document titled Joint Exercise of Powers
Aqreement Creatinq The Oranqe County Fire Authority; and
Whereas, formation of the fire authority in combination
with changes that have been made in state tax policy during
the past year will permit the cities and the county to
substantially achieve their original objectives which are:
(1) city participation in governing municipal fire services
that are provided by the county predominantly within cities,
(2) equity in the distribution of the cost of fire service;
and (3) assurance that existing taxes that are now dedicated
to the fire service will continue to be available for the fire
service and not diverted to other county purposes; and
Whereas, the authority is formed upon adoption by the
cities and the county of a resolution approving the joint
exercise of powers agreement.
Now, Therefore, the City Council of the City of Tustin,
does by this resolution hereby:
Approve and adopt Attachment A; Joint Exercise of
Powers Aqreement Creating The Oranqe County Fire
Authority, and
Request that Orange County Board of Supervisors
approve the agreement at their earliest opportunity
following its consideration by the cities, and
Request the City of Irvine continue to serve as the
lead agency in proceedings to form the authority,
and
Authorize the Orange County City Manager's
Association, through its Negotiating Committee, to
assume primary responsibility for administrative
activities required to form the authority and
transfer service responsibilities from the county to
the authority.
Agree to pay a proportionate share of the expenses
associated with formation of the authority, subject
to separate action and approval of the specific
proportionate share amount(s) by this City Council
from time to time.
Passed and adopted at a regular meeting of the City
Council on July 5, 1994.
THOMAS R. S~RELLI, Mayor
ry Wynn
erk of the
City of Tustin
JOINT
CRF &'I3NG
ORANGE COUNTY FIRE AUTHORITY
This Agreement is made this day of 1994 by and between
the following public entities (collectively called the "member~"),
CYPRESS, DANA POINT, IRVINE, LAGUNA HILLS, LAGUNA NIGUEL, LAKE
FOREST, LA PALMA, LOS ALAMITOS, MISSION VIEJO, PLACENTIA, SAN JUAN
CAPISTRANO, SEAL BEACH, STANTON, TUSTIN, VILLA PARK AND YORBA LINDA
(the "Cities") and =he COUNTY OF ORANGE (the "County").
A. County operates the Orange County Fire Department, which
presently provides fire protection and suppression services to
Cities as well as a smaller unincorDorated area.
Cities and County agree that the level and quality of
services is excellent and do not seek to change day-to-day control
which remains with =he Director of Fire Service.
c. County agrees that Cities require additional policy input
~nto and greater control over the costs of such services and use of
structural fire fund taxes levied therefor.
D. Cities and County have studied and discussed policy input
and cost control for over three years and have determined that
creaticn of a joint power entity to administer =ire service
opera,ions and delivery serves their needs for policy input and
cost control.
E. Each member is a public agency as defined by Government
Code ~ 6500 et seq. and is authorized and empowered to contract for
the Joint exercise of powers common to each member.
F. The members wish to jointly exercise their powers to
provide for mutual protection, prevention and suppression services
and related and incidental services, including but not limited to,
creation, development ownership and operation of programs,
facilities, and funds therefor through the establishment of the
"Orange County Fire Authority" or "Authority."
NOW THEREFORE, in consideration of the mutual promises set
cut, the parties agree a~ follows:
AGREEMENT
I. POWERS AND PI. IRPOSKS
!. Authority Crea~gd. The Authority is formed by this
Agreement pursuan~ to the provisions of Article !, Chapter 5,
Division 7, Title 1 (commencing with Section 6500) of the
Government Code of the State of California. The Authority shall be
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a public entiny separate from the parties hereto and its debts
shall not be debts of its m~mbers.
2. PurDose o5 the Aqreem~n~:_¢o_mm_ on Power to be Exercised.
The purpose of this Agreement is to Jointly exercise the foregoing
common powers in the manner set forth here. Each member
individually has the statutory ability to provide fire suppression,
prevention and related services including
emergency medical and transport services,
facilities and personnel for such ~ervices.
but not limited to
as well as providing
3. ~ective Da:e of Formation. The Authority
formed as of its first meeting on September 1, 1994.
shall be
Pursuant to and to the extent required by Government Code
Section 6509, the Authority shall be restricted in the exercises of
its powers in ~hQ same manner as is a general law city.
4. Powers. The Authority shall have the power to do any of
the following in its own name:
(a) To exercise the common powers of its members in
providing fire suppression, protection and related
services.
(b) To make and enter into contracts, notwithstanding,
the JPA may not enter into development agreements.
(c) To negotiate con=facts with represented and
unrepresented employees.
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(d) To employ such other persons as it deems necessary.
(e) To acquire, hold and dispose of proper~y.
(f) To invest surplus funds.
(g) To incur debts, liabilities, or obligations.
provided that all bonded indebtedness, certificates
of participation or other long-term debt financing
requires the prior consen~ of the members as set
out in Article IV hereof.
(h) To sue and be sued in its own name.
(i) To apply for grants, loans, or other assi~tance
from persons, firms, corporations, or governmental
entities.
(j) To use any and all financing mechanisms available
to the JPA subject to the provisions of Article IV
hereof.
(k) To prepare and support legislation related to the
purposes of the Agreement.
(1) To install, construct, operate, maintain, repair
and manage new or existing facilities as well as to
close or discontinue the use of existing
facilities.
To levy fees and collect payments therefor,
provided that paramedic or ambulance user fees
shall be approved by the member cities affected.
(n) To provide related services as authorized by law.
(o) To levy and collect developer fees and exactions.
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(p)
To contract for the services cf attorneys and
consultants.
Il. ORGANIZATION
1. ~embers~ip. The members of the Authority shall be the
original parties hereto and such other cities as may join the
Authority after execution of this Agreement. NeW members may join
on the terms and condition~ ~et out in Article viii hereof.
2. D~i~ation o~ DiFec~ors. Before the effective date of
Authority formation, each member by resolution of its governing
body shall designate and appoint it~ representative and an
alternate to act as its director on the Authority Board. Each
representative shall be a current elected member of the governing
body. Each director and alternate shall hold office from the first
meeting of the Board after appointment by the mmmber's governing
body for a term of four (4) years or as determined under 4(a) of
Article II, or until the selection of a successor by the appointing
body. Each director and alternate shall serve at the pleasure of
his or her appointing body and may be removed at any time, with or
without cause, at the sole discretion of that appointing body. Any
vacancy shall be filled in the same manner as the original
appointment of a director and alternate. No director or alternate
will receive compensation from the Authority for his or her
services, with approval of the Board, a director or alternate may
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be reimbursmd for reasonable expemmmm incurred in th~ conduct of
the business of the Authority.
3. Principal Off~ce. As provided by law, the principal
office of the Authority shall be the Fire Department's Watmr Street
headquar~er~ or as otherwise designated by the Authority.
(a) Firs: meeting: The firs~ and organizational meeting
of the Authority shall be held at its principal office on Thursday,
September 1, 1994. At that meeting, the directors may determine
whether to adopt a rotation symtem of two (2) and four (4) year
terms to provide for incrsased continuity on the Board and shall
classify themselves into any groups selected.
(b) The Board shall meet at the principal office of the
Authority or a% such other place as may be designated by the board.
The time and place of the regular meetings of the board shall be
determined by resolution adopted by the Board, and a copy of such
resolution shall be furnimhed to each party hereto. All Board
meetings, including regular, adjourned and special meetings, shall
be caused, noticed and held in accord with the Brown Act as it may
be amended from time to time.
5. Quorum; V~in~. A majority of the directors shall
constitute a quorum for the purpose of the transaction of business
relating to the Authority. Each director shall be entitled to one
vote. Unless otherwise provided herein, a vote of the majority of
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~hose present and q3ualified to vote shall be sufficient for the
adoption of any motion, resolution or order and to take any other
action deemed appropriate to carry forward the objectives of the
Authority.
6. ~. At its first meeting the Board shall elect
from among its members a chair and vice-cahair and thereafter at the
first meeting in each succeeding fiscal year the Board shall elect
or re-elect a chair and vice-chair. In the event that the chair or
vice-chair ceases to be a director, the resulting vacancy shall be
filled in the same manner at the next regular meeting of the board
held after such vacancy occurs. In the absence or inability of the
chair to act, the vice-chair shall act as chair. The chair, or in
his or her absence the vice-chair, shall preside at and conduct all
meetings of the Board.
7. Mi~u~es. The Board shall provide for =he appointment of
a secretary to the Authority. The secretary of the Authority shall
cause to be kept minutes of regular, adjourned regular, and special
meetings of the board, and shall cause a cody of the minutes to be
forwarded to each director.
8. Rules. The Board may adopt from time to time such
bylaws, rules and regulations for the conduct of its affairs as it
may deem necessary.
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9. Fiscal Yea~. The Authority's fiscal year shall be July
1 of each year ko and including the following June 30.
10. AsseD9 of Men, ers. The assent or approval of a member in
any matter requiring the approval of the governing body of the
member shall be evidenced by a copy of the resolution of the
governing body filed with the Authority.
11. Com~$ttees.
The Board may establish standing or ad hoc committees or
subcommittees composed of Board members, staff and/or the public to
make r~commendations on specific matters.
12. Additional Offigers and Employees; Contract Services.
(a) As required by state law, Authority shall appoint
the County Auditor or a certified puDlic accounzant cr nreasurer to
perform the duties set out in Government Code Sec=ion 6505.5, and
shall appoint an auditor as required by that Section ~505 and
Section 6506. Pursuant to Government Code Section 6505.i, the
secretary and the controller and treasurer shall have charge of the
property of the Authority. The secretary shall file an honesty
bond in the su~ of Ten Thousand Dollars ($10,000), and the
controller and treasurer in the sum of Five Hundred Thousand
Dollars ($500,000) which fee sha].l be paid by the Authority. These
bonds zay be waived for independen= contractors with equivalent
insurance.
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(b) The Board shall appoint general counsel and special
counsel to the Authority to serve as necessary.
(¢) The Board may con~rac~ with a member to provide
necessary administrative services to the Authority as appropriate.
;uny such city member may be a charter or general law city. Any
administrative duties also may rotate from year to year.
III. TRANSFER OF FIRE OPERATIONS
!. Transfer of Co,pry &s~e~s &nd Li%~ilities. Upon the
effective date of Authority foz~mation, County shall transfer to
Authority the assets and liabilities of the Orange County Fire
Department, exclusive of the Weed Abatement, Emergency Management
Division and Hazardous Materials Program Office, as set out below:
(a) PersOnae!. On the effective date of Authority
formation, all employees of the Orange County Fire Department will
become employees of the Authority on exactly the same terms and
conditions as they presently are employed, and at its
organizational meeting, the Board shall adopt and ratify existing
Memorandums of Understanding, employment agreements and personnel
rules.
(b) Assets. All Fire Department assets, including and
not limited to real property such Fire Headquarters on Water Street
in Orange (but excepting the four deactivated fire ssa=ions) and
personal property and equipment and apparatus, whether or no~
located at fire stations, Head.quarters, on equipment or otherwise
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! .................. VI .........
shall be transferred to the Authority on its effective date of
formation.
(c) Reserves. Ail reserves in the Fire Departmen~ budget
existing as of the date of execution of this Agreement are ~o be
transferred unincumbered to the new Authority.
(d) Contracts. Existing contracts with Structural
Fire FUnd and cash contract cities will be transferred to the
Authority as of July 1, 1994, with service to be provided
thereafter by Authority.
(e) Records. Any and all business records and files,
whether computer records, hard copy, microfilm or fiche, historical
data; rosters; personnel records, organizational charts, job
descriptions, deeds, easements, equipment logs, warranties, manuals
and so forth, necessary or helpful to provide services.
2. Authority As~u%~tion of Liabi!itv. In consideration
for such transfer, Authority shall aszume responsibility for any
and all tort and workers compensation incidents that cccur on or
after the effective date of Authority formation. The County shall
re~ain responsibility and liability for any and all incidents tha~
occur prior to that date and shall retain all risk management
reserves tha~ have been set aside for prior incidents.
Not~itkstanding, the Authority may continue ~o be a part of
County's self-insured risk management system and shall be
responsible for its contributions thereto.
3. County Provision of ~nfo-~-mat~on. Prior to the effective
date of the transfer, County shall provide ~o Cities or their
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representative up-to-date lists of all as=ets including but not
linited to real property, equipment, reserves and so forth) and all
known liabilities (including but not limited to tort and workers
compensation cases and claims) and any and all developer agreements
and deposits.
IV. FUNDING OF FIIZE OPERA ONS
1. General B~d~. within sixty (60) days after the first
meeting of the Board, a general budget for the first fiscal year
shall be adopted by the vote of a majority of all of the directors.
The initial budget and each succeeding budget shall include, but
not be limited to, the following: (a) the general administrative
ewpenses of the Authority to be incurred during the period covered
by the budget; and (b) the allocation of costs among the members of
the amounts necessary to cover the general budget expenditures and
fund reserves. Thereafter, a~ or prior to the last meeting of the
Board for each fiscal year, a general budget shall be adopted for
the ensuing fiscal year or years by a vote of at least a majority
of all of the directors. A written monthly budget performance
report shall be presented to the Board at its second meeting of the
following month.
2. Ex~end~%ures. for the Approved Budqet. Ail expenditures
within the designations and limitations of the approved general
budget shall be made on the authorization of the board for general
budge= expenditures without further action. No expenditures in
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excess of those budgeted shall be made ~ithout the approval of a
majority of all of the directors.
3. ContributioBs for Budgeted Amounts.
(a) Structural Fire Fund cities. County receives
Structural Fire Fund (SFF) from the unincorDora~ed area and all
cities except S~anton, Tustin, Placentia and Seal Beach. On behalf
of such cities, and the unincorporated area, County shall pay all
SFF to Authority to meet budget expenses and fund reserves.
(b) cash con~¢t citieS. As pa~t of the budget
process, Authority shall determine amounts owing from Stanton,
Tustin, Placentia, Seal Beach, and cities otherwise receiving SFF
and any future members. Such amounts are due and payable within
sixty (60) days of receipt of a billing therefor. For the first
three (3) fiscal years of Authority's existing, Authority shall
limit annual cost of service increases to cash contract cities to
the annual change in the cost of fire opera=ions as those were
calculated in 5he ~iscal year prior to the effective date of
formation of the Authority.
(c) Failure to make payments due constitutes grounds for
termination of service and expulsion from =he Authority. In the
even= of non-payment, the Authority shall give sixty (60) days
written notice of such termination and expulsion.
4. Equity. The County and each member City shall be member
agencies in equal standing in the Authority. it is understood that
%he cost of service shall not be adjusted by reason of equity for
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any member aqency for a period of three (3) fiscal years from the
effective date of Authority formation. Equity issues shall be
resolved only by a vote of at least a majority of all of the
directors. Any adjustments in future cost to any member aqency
shall be based on considerations and factors that are equitable to
all members.
5. Special As~s~eDts.
(a) During the Authority's first 3 fiscal years, any
imposition of new, special taxes, fees or assessments shall apply
to all members and must be approved by a majority of all directors.
(b) After that 3 year period, special taxes, fees or
assessments shall be approved by a majority of all directors.
6. Approval of Bonded Indebtedness. Prior ~o any Authority
resolution authorizing the issuance of any bonded indebtedness,
each member shall approve any bonded indebtedness to be incurred by
the Authority. Any withdrawing member shall remain responslble for
bonded indebtedness which it has approved. As used herein, "bonded
indebtedness" does not include short-term tax anticipation notes
with a one-year (or shorter) term which requires a majority vote of
all directors.
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V. ACCOUNTING AND AUDITS
1. AccouRtSng Procedures. Full books and accounts shall be
maintained for the Authority mn accordance with prac~ice~
established by, or consistent with, those utilized by the
controller of the State of california for like public entities. In
particular, the Authority's controller and treasurer shall comply
strictly with requirements of the statute governing joint powers
agencies, krticl~ i, Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (commencing with Section
6500). Any transition in accounting systems will occur no sooner
than July 1, 1995.
2. Audit. The records and accounts of the Authority shall
be audited annually by an independent certified public accountant
and copies of the audit reports shall be filed with the county
Auditor, the State controller and each member within six (6) months
of the end of the fiscal year under examination.
Vl. PROPE TY RIGHTS
1. Projec: Faoilities and ~ropert¥. On and after the
effective date of the Authority, all real and personal property,
including but not Limited to, facilities constructed, installed,
acquired or leased by the Authority, apparatus and equipment,
personnel and other rccords and any and all reserve funds shall be
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held in the name of the Authority for the benefit of the members of
--he Authorl-.y in accordance with the terms of this Agreement.
2. Dispositio~ of Assets Upon Termination. The Authority
may vote to terminate this Agreement, or termination will occur if
only one member is left in the Authority. If terlnination occurs,
all surplus money and property of the Authority shall be conveyed
or distributed to each member in proportion to the funds provided
to the Authority by the member, whether SFF or cash contract
amounus. Each member shall execute any instruments of conveyance
necessary to effectuate such distribution or transfer. In any such
distribution, the amount of SFF derived from each incorporated or
unincorporated city areas shall be considered as received from that
member in the same manner as cash contract payments have
contributed ~o surplus assets.
3. Liabilities. Except as otherwise provided here, the
debts, liabilities and cbiiga=ions of the Authority shall be the
~ebts, liabilities or obligations of the Authority alone and not of
~he parties of this Agreement.
VII. WITHDRAWAL .AND ADDITION OF N~EW 5{EMBERS
!. City Member Withdrawal. No City member may withdraw its
participation in the Authority for three (3) years from
September I, 1994, or three (2) years from the date on which it
initially becomes a member. After that three (2) year period any
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withdrawing City member mu~t give notice by /anuary 15, of any year
of its intent to withdraw as cf July 1 of that year. However,
withdrawal shall not reduce a City member's duty to pay for bonded
indebtedness of the Authority attributable to ~hat City incurred
prior to withdrawal.
2. Addition of NeW MemberS. A city presently providing
own fire services may join the Authority upon con~ent of a majority
of all directors of the Authority and agreement to terms and
conditions determined by the Board. A new City member may be
required to transfer to the Authority its fire facilities and
assets or to reimburse the Authority for a proportionate share of
facilities which the new City will utilize. The new member also
will be responsible for a proportion of the debts, obligations, and
liabilities of the Authority from these facilities, to the extent
agreed upon by the Authority and the new member au the time of
membership. The Authority Board may determine to waive all or part
of such con=ribuuion requirements in return for a offsetting
transfer of the new member's fire facilities and assets to
Authority.
3. Withdrawal of County.
(a) County may non withdraw from The Authority for three
(3) years from September 1, 1994, and thereafter may withdraw from
Authorzty only upon notice to Authority by January i of any year tc
allow Clties to give notice of withdrawal under Government Code
Section 25643 by March l, both effecuive July ' of than year. in
the tax transfer resulting from such withdrawal, uhis agreement
also shall serve as the Cottnty and Cities' agreement to transfer
100% of SFF to cities from which it is derived in exchange for
ongoing Authority fire service to any remaining County
unincorporated area, on the specific ~erms and conditions
determined by the parties.
member at such time
Authority's botundaries
Subsection (a) hereof.
In any event, County shall cease to be an Authority
as no County area remains within the
and the tax transfer provisions of
IX. NOTICE OF AQREEMENT
_. Initial Notice. Within thirty (lo) days of the effective
date of this Agreement the Authority shall cause a notice of the
Agreement to be prepared in the manner set forth in Sec=ion 6503.5
of the Government Code and filed with the Office of the Secretary
of State.
2. Additional Notices. Within thirty (30) days of the
effective date of any amendments to this Agreement, the Authority
shall prepare and file with the office of the Secretary of State
the notice required by said Sec=ion 6503.5.
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3. Notice to Members. Notice to members shall be deemed
given when mailed to them, first class, postage prepaid, or faxed
to the address/or fax no. set out by their signatures.
4. Amendment. This Agreement may not be amended or modified
except by a written agreement signed by all of the members.
5. Hgad~nqs. The headings in this Agreement are for
convenience only and are not to be construed as modifying or
explaining the language in the section referred to.
6. Severabilit¥. Should any part, term, or provision of
this Agreement be determined by a court to be illegal or
unenforceable, the remaining portions or provisions of this
Agreement shall nevertheless be carried into effect.
7. No Con:inuing Waiver. No waiver of any term of condition
of this Agreement shall be considered a continuing waiver thereof.
IN WITNESS THEREOF, the parties hereto have caused this
Agreement to be executed and attested by their duty authorized
officers as of the date first above written.
[SIGNATURE BLOCK FOR MEMBERS]
To include address, phone and fax numbers.
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 94-83
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 5th day of July, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Saltarelli, Potts, Doyle, Thomas, Worley
None
None
None
y E. Wynn, City Clerk