95-0201_CC_Minutes_Special Meeting039
FEBRUARY 1, 1995
SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Special Meeting of the City Council of the City of San Juan Capistrano, California was called to
order by Mayor Nash at 2:00 p.m. in the City Council Chamber to consider the City's participation
in formation of the Orange County Fire Authority.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Wyatt Hart, Mayor pro tem
Collett Campbell, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhatter, City Attorney;
Cheryl Johnson, City Clerk.
ORAL COMMUNICATIONS
' (limited to action items on Agenda)
None
COUNCILMANIC ITEMS
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Written Communications:
(1) Report dated February 1, 1995, from the City Manager, advising that on August 2,
1994, the City Council had approved the City's participation in a Joint Exercise of
Powers Agreement to form the Orange County Fire Authority, On December 6,
1994, the County Board of Supervisors had approved the County s participation in the
Agreement with several modifications. Cities had been asked to reaffirm their
commitment to participate in the Fire Authority by approving the revised conditions
prior to the first meeting of the Authority, scheduled for February 3, 1995.
(2) Letter dated January 23, 1995, from Bill Gower, President, Apartment Association
of Orange County, 12822 Garden Grove Boulevard, Suite D, Garden Grove,
. California 92643, requesting a continuance of the item to allow a thorough review
of issues raised by the Association.
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(3) Letter dated January 28, 1995, from David R. Wilson, Orange County Fire
Department Chief Officers Association, P. O. Box 2454, Orange, California 92669,
supporting formation of the Fire Authority.
(4) Letter dated January 30, 1995, from Bill Gower, President, Apartment Association
of Orange County, 12822 Garden Grove Boulevard, Suite D, Garden Grove,
California 92643, advising that the organization was now taking a neutral position
on the proposed agreement, but that two concerns remained dealing with the ability
to levy fees and accountability.
(5) Memorandum dated February 1, 1995, from the City Manager, forwarding a response
to issues raised by the Apartment Association, which had been prepared by the
Special Legal Counsel to the City Managers' Negotiating Team.
Council Discussion:
Council Member Jones inquired about the County's representation on the Board of Directors
in relation to the size of unincorporated areas served. Assistant Chief Chip Prather, Orange
County Fire Department advised that approximately 15% of the area served by the Fire
Department is unincorporated County area, and that the City of Irvine would most closely
approach that percentage. Council Member Jones noted his difficulty in accepting the revised
Agreement with an even number of members sitting on the Board of Directors and 2 members
of the Board being representatives from the Orange County Board of Supervisors. The City
Manager advised that the original Agreement had included 18 cities and 1 County
representative; that the cities had been opposed to the County revision requiring 2 County
representatives; but, felt it was in their best interests to go forward at this time. Council
Member Swerdlin inquired about the impact of the County bankruptcy proceedings. The City
Manager advised there would be impacts if the Joint Powers Authority were not formed. The
City Attorney advised that there may be more impacts if the County or any member city is
unable to provide necessary funding.
Uproving Joint Powers Agreement and appointment Representatives:
It was moved by Council Member Jones, seconded by Council Member Campbell that the
following Resolution be adopted, and that the City Council's concerns be noted regarding the
increase of County representation on the governing Board and the potential for problems
resulting from an even number of members on the governing Board:
RESOLUTION NO. 95-2-1-1. ORANGE COUNTY FIRE AUTHORITY -
APPROVING JOINT POWERS AGREEMENT AND APPOINTING
REPRESENTATIVES - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE JOINT POWERS AGREEMENT CREATING THE ORANGE
COUNTY FIRE AUTHORITY AND DESIGNATING AND APPOINTING
A REPRESENTATIVE AND AN ALTERNATE TO THE BOARD OF
DIRECTORS
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The motion carried by the following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin
and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
Appointment- of Rel2resentative/Alternate:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried to appoint Council Member Wyatt Hart as the City representative and
Council Member David Swerdlin as alternate, to the Orange County Fire Authority Board of
Directors.
CLOSED SESSION - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 2:15 p.m. to the
next regular meeting date of Tuesday, February 7, 1995, at 7:00 p.m. in the City Council Chambers.
ATTEST:
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CAROLYN N SH, MAYOR
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Respectfully submitted,
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