HomeMy WebLinkAboutCC AG PKT 2015-04-13 #I AGENDA STAFF REPORT
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DATE: April 13, 2015
TO: Honorable Mayor and City Council
FROM: Jill R. Ingram, City Manager
SUBJECT: LEGISLATIVE ADVOCACY: OPPOSITION TO SB 355
AND AB 1217
SUMMARY OF REQUEST:
That the City Council oppose SB 355 dealing with the Rivers and Mountains
Conservancy Board and AB 1217 dealing with the Orange County Fire Authority
Board; authorize the City's representative to the OCFA Board of Directors to
communicate opposition to AB 1217 to that Board; and authorize the Mayor to
communicate the positions on both bills as appropriate.
BACKGROUND:
Historically, the City Council has advocated for local control with the specific goal
of preserving and protecting the City's powers, duties and prerogatives to enact
legislation and policy direction concerning local affairs, and oppose legislation
that would preempt local authority. Both SB 355 and AB 1217 undermine local
control by attempting to commandeer the authority of the City.
ANALYSIS:
AB 355 (Lars) would reduce Orange County's voting representation on the San
Gabriel River and Lower Los Angeles Rivers and Mountains Conservancy (RMC)
Board. In fact, SB 355 would cut Orange County's voting representation on the
RMC Board in half. This reduction would result in the drastic
underrepresentation of Orange County cities, and would limit the future of
regional collaboration on environmental and water quality issues. Ensuring
broad representation on the RMC is an effective strategy to developing the
programs and procuring the funds, through Proposition 1 or other vehicles, to
achieve regional environmental objectives.
The current RMC Board is an equitable representation of the Conservancy's
population and coverage area. To reduce Orange County's voting share would
threaten the ideal of fair representation and limit the voice of a regional partner.
Maintaining this equity is important, especially as the RMC begins to disburse
state funds. Staff recommends that the City Council oppose AB 355 in order for
Orange County to maintain proportional representation on the RMC Board.
Agenda Item
SB 1217 (Daly) would revise the make-up of the Orange County Fire Authority
(OCFA). The City of Seal Beach is currently a member of the Orange County
Fire Authority, a Joint Powers Authority (JPA) established for the purpose of
providing regional fire suppression service to various cities and unincorporated
county territories in Orange County. The OCFA Board of Directors is comprised
of one director for each of the 23 member cities and two members of the Orange
County Board Supervisors, for a total board membership of 25. Each member
city selects its own representative.
AB 1217 would alter the composition of the OCFA Board of Directors by reducing
the number of members to 13, 10 representing cities and 3 members of the
Orange County Board of Supervisors. Presently, each city selects a member of
their City Council to serve on the OCFA Board. OCFA is organized under a
locally adopted JPA and SB 1217 would likely impair that agreement by imposing
a state legislative change on the local JPA. The most likely result of a lower
number of OCFA Board members would be less representation for smaller cities.
While the argument of supporters is that the new structure is the same as that in
place for the Orange County Transportation Authority (OCTA), the provision of
fire, rescue, and emergency services to local communities is substantially
different than the provision of transportation planning and transit services.
Additionally, cities do not contract with OCTA and they do not provide funding
directly from city General Fund budgets to OCTA. General funding for OCTA
comes from Measure M (sales tax) funds, federal funds, and service fees (i.e.
bus/Metrolink fares). OCTA, while it manages the transportation systems for the
entire county and administers various grant funds that are provided to cities, the
decisions at the OCTA board level do not have a direct contractually fiscal impact
on their participating cities.
The budgetary and/or service level decisions made by the OCFA Board need to
have input by all cities that they serve and thus, staff is recommending that the
City Council oppose AB 1217. The FY 2014-15 JPA contract service charge
payment to OCFA was $4.6 million, and the estimate for FY 2015-16 is
$4.8 million. Per the JPA agreement, as a contract city, the City of Seal Beach
could contractually consider withdrawing as a member city in 2018 to be effective
by 2020.
SUMMARY:
SB 355 and SB 1217 stand to impose structures that would infringe on local
control and diminish the voice of smaller agencies such as Seal Beach.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
Page 2
LEGAL ANALYSIS:
The City Attorney has reviewed this staff report and approved it as to form,
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
RECOMMENDATION:
That the City Council oppose SB 355 dealing with the Rivers and Mountains
Conservancy Board and AB 1271 dealing with the Orange County Fire Authority
Board; authorize the City's representative to the OCFA Board of Directors to
communicate opposition to AB 1217 to that Board; and authorize the Mayor to
communicate the positions on both bills as appropriate.
SUBMITTED BY-
kkS,-X,
9 iII Ingram
'y Manager
Attachments:
A. State Bill No. 355
B. Assembly Bill No. 1217
Page 3
SENATE BILL No. 355
Introduced by Senator Lara
(Principal coauthor:Assembly Member Rendon)
February 24, 2015
An act to amend Section 32605 of the Public Resources Code,relating
to the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 355, as introduced, Lara. San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy.
Existing law establishes the San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, which is responsible for the
preservation and protection of specified lands within the San Gabriel
and Lower Los Angeles Rivers and Mountains area,as defined.Existing
law prescribes the duties of the conservancy, and requires that it be
comprised of 13 voting members and 7 nonvoting members,as specified.
Existing law requires that the voting members include, among other
members, 2 members of the Orange County Division of the League of
California Cities,both of whom shall be a mayor or city council member
of a city bordering the San Gabriel River or tributary thereof.
This bill would instead require that only one member of the Orange
County Division of the League of California Cities be a voting member,
and would require that a resident of a city bordering the Lower Los
Angeles River, appointed by the Senator Committee on Rules, be a
voting member. The bill would also increase the number of nonvoting
members to 9, and would require that one Member of the Senate,
appointed by the Senate Committee on Rules, and one Member of the
Assembly, appointed by the Speaker of the Assembly, serve as those
nonvoting members.The bill would require that those legislators serving
99
SB 355 —2—
as nonvoting members represent a district that is at least partially
contained within the territory of the conservancy and participate in
activities of the conservancy only to the extent that participation is
compatible with his or her duties as a legislator.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows;
1 SECTION 1. Section 32605 of the Public Resources Code is
2 amended to read:
3 32605. The board shall consist of 13 voting members and-seven
4 nine nonvoting members, as follows:
5 (a) The 13 voting members of the board shall consist of all of
6 the following:
7 (1) One member of the Board of Supervisors of the County of
8 Los Angeles, or his or her designee, who represents the area or a
9 portion thereof contained within the territory of the conservancy,
10 appointed by the Governor.
11 (2) Two members of the board of directors of the San Gabriel
12 Valley Council of Governments, one of whom shall be a mayor
13 or city council member of a city bordering along the San Gabriel
14 River, and one of whom shall be a mayor or city council member
15 of a city bordering the San Gabriel Mountains area. One member
16 shall be appointed by a majority of the membership of that board
17 of directors, and one member shall be appointed by the Senate
18 Committee on Rules from a list of two or more potential members
19 submitted by the board of directors. If the San Gabriel Valley
20 Council of Governments fails to provide to the Senate Committee
21 on Rules a list of two or more potential members,at least 30 days
22 prior to the date a current member's term of office expires, the
23 Senate Committee on Rules may appoint a mayor or city council
24 member of a city bordering along the San Gabriel River or the San
25 Gabriel Mountains,or a member of the public who resides within
26 the territory of the conservancy.
27 (3) Two members of the board of directors of the Gateway Cities
28 Council of Governments, one of whom shall be the mayor of the
29 City of Long Beach or a city council member of the City of Long
30 Beach appointed by the mayor,and one ofwhom shall be appointed
31 by the Speaker of the Assembly from a list of two or more potential
99
-3— SB 355
1 members submitted by the executive committee of the board of
2 directors of the Gateway Cities Council of Governments. The
3 executive committee shall submit lists of potential members to the
4 Speaker of the Assembly until an acceptable member is appointed.
5 (4) Two___.,.,.L___ One memberof the Orange County Division
6 of the League of California Cities, both of whom who shall be a
7 mayor or city council member of a city bordering along the San
8 Gabriel River or a tributary thereof.Otte member shall be appoi
9
10 The member shall be appointed by the
11 Governor from a list of two or more potential members submitted
12 by the city selection committee.
13 (5) One member shall be a representative of a member of the
14 San Gabriel Valley Water Association appointed by a majority of
15 the membership of the board of directors of the San Gabriel Valley
16 Water Association.
17 (6) One member shall be a representative of the Central Basin
18 Water Association appointed by a majority of the membership of
19 the board of directors of the Central Basin Water Association.
20 (7) One member shall be a resident of Los Angeles County
21 appointed by the Governor from a list of potential members
22 submitted by local,state,and national environmental organizations
23 that operate within the County of Los Angeles and within the
24 territory of the conservancy and that have participated in planning
25 for river restoration or open space,or both,or river preservation.
26 (8) One member, who is a resident of a city bordering the Lower
27 Los Angeles River, appointed by the Senate Committee on Rules.
28 (8)
29 (9) The Secretary of the Natural Resources Agency, or his or
30 her designee.
31 (9)
32 (10) The Secretary for Environmental Protection, or his or her
33 designee.
34 fl,9)
35 (11) The Director of Finance, or his or her designee.
36 (b)—The se-ven(1) Seven of the ex officio, nonvoting members
37 shall consist of the following officers or an employee of each
38 agency designated annually by that officer to represent the office
39 or agency:
40 e)
99
SB 355 —4........._
1 (A) The District Engineer of the United States Army Corps of
2 Engineers.
3 (--2)
4 (B) The Regional Forester for the Pacific Southwest Region of
5 the United States Forest Service.
6 (3)
7 (C) The Director of the Los Angeles County Department of
8 Public Works.
9 (4)
10 (D) The Director of the Orange County Public Facility and
11 Resource Department.
12 (3)
13 (E) A member of the San Gabriel River Watermaster,appointed
14 by a majority of the members of the San Gabriel River
15 Watermaster.
16 (6)
17 (F) The Director of Parks and Recreation.
18 e
19 (G) The Executive Officer of the Wildlife Conservation Board.
20 (2) Two of the nonvoting member shall be the following;
21 (A) One Member of the Senate, appointed by the Senate
22 Committee on Rules, whose Senate district is at least partially
23 contained within the territory of the conservancy.
24 (B) One Member of the Assembly, appointed by the Speaker of
25 the Assembly, whose Assembly district is at least partially
26 contained within the territory of the conservancy.
27 (C) A member appointed pursuant to this paragraph shall meet
28 with the conservancy and participate in its activities to the extent
29 that participation is compatible with his or her duties as a Member
30 of the Legislator
O
99
AB 1217 Assembly Bill -INTRODUCED Page I of 2
BILL NUMBER: AB 1217 INTRODUCED
BILL TEXT
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 introduced, 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, 2018, 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 select 10 of those board members from cities that
contract with the authority for fire protection services, as
specified. The bill would additionally require 3 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.
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:
SECTION 1. Section 6538 is added to the Government Code, to read:
6538. (a) Notwithstanding any other law and notwithstanding the
provisions of the joint powers agreement governing the Orange County
Fire Authority, on and after January 1, 2018, the Board of Directors
of the Orange County Fire Authority shall be composed of 13 members,
as follows:
(1) (A) (i) One member from each of the five supervisorial
districts of the County of Orange, elected by the Orange County Fire
Authority City Selection Committee on a population weighted voting
basis.
(ii) One member from each of the five supervisorial districts of
the County of Orange, elected by the Orange County Fire Authority
City Selection Committee on a "one city, one vote" basis.
(B) A city that is within more than one supervisorial district
shall 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
http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab-1201-1250/ab-.-1217 bill-.20150227-,intro... 4/6/2015
AB 1217 Assembly Bill - INTRODUCED Page 2 of 2
purposes.
(C) Members elected pursuant to this paragraph shall be a mayor or
a city council member of a city within the County of Orange, and
shall serve for a term of two years. A member elected pursuant to
this paragraph whose term on the city council or as mayor ends shall
also cease to serve as a member of the board.
(D) The Orange County Fire Authority City Selection Committee
shall consist of either the mayor or a member of the city council of
each city that contracts with the Orange County Fire Authority for
fire protection services.
(2) Three members of the board of supervisors of the County of
Orange, selected by the board of supervisors, to serve a term of two
years.
(b) Any member of the board serving as of the effective date of
this section shall continue to serve until January 1, 2015® or until
the expiration of his or her term, whichever is sooner.
SEC. 2. The Legislature 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 TV of the California Constitution
because of the challenges faced as a result of the current governance
structure of the Orange County Fire Authority.
http://www.leginfo.ca.gov/pub/15-16ibill/asm/ab-1201-1250/ab-.1217-...bill.-20150227-intro... 4/6/2015