HomeMy WebLinkAboutDRFA Retiree 3%@50CITY CLERK 540-10
AGENDA STATEMENT
JOINT DUBLIN & SAN RAMON CITY COUNCIL MEETING DATE: JUly 24, 2001
SUBJECT:
Dublin
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
Consideration of Amendment to the Dougherty Regional Fire
Authority (DRFA) Joint Exercise of Powers Agreement (JEPA) to
Allow for Amendment to the DRFA contract with the Public
Employees Retirement System (PERS) to Provide Enhanced
Retirement Benefits (PERS 3% at 50) to Former Dougherty
Regional Fire Authority Employees; to reconstitute the Board of
Directors of DRFA; and consideration of termination of DRFA
contract with PERS.
Report Prepared by Richard C. Ambrose, City Manager of City of
JEPA (DRFA) Agreement
Second Amendment to JEPA (DRFA)
Letters of April 19 and April 27, 2001 from Alameda County
Firefighters/IAFF Local No. 55
June 7, 2001 letter from Mayor Houston to Mayor Hudson
Determine if there is interest in Amending the JEPA to
authorize an amendment of the PERS contract to allow for
increased retirement benefits for former DRFA employees;
Determine if there is an interest in amending the JEPA to
change the composition of the Board of Directors; and
Determine if there is an interest in terminating the DRFA'
contract with PERS
In January 2001, the Public Employees Retirement System (PERS)
prepared a "Contract Amendment Cost Analysis" with a valuation
basis as of June 30, 1999. The analysis provided information
regarding the potential cost to DRFA if it were to amend its contract
with PERS to provide the 3% at 50 benefits to all current members
of the piano The analysis showed that, if DRFA were to amend its
PERS contract to provide the 3% at 50 benefits; the change, which
would result, is a decrease in plan assets of $1,304,706, which
represents the cost of such an amendment as of June 30, 1999. Based
on the June 30, 1999 PERS valuation, the plan assets equal
$6,645,475 (given no amendment). Since the most recent valuation
is out of date the cost could vary.
COPIES TO: Brian McKenna, President Alameda County Firefighters
William J. McCammon, Fire Chief, ACFD
Rick Probert, Fire Chief, San Ramon Valley Fire Authority
DESCRIPTION:
Background
DRFA was formed in 1988 between the Cities of Dublin and San Ramon to provide fire services. (See
Attachment 1.) In early 1997, the City of San Ramon decided to provide fire services by annexation to
the San Ramon Valley Fire Protection District. Accordingly, the parties began the process of winding up
the affairs of DRFA. Although the original intent was to terminate DRFA entirely, the decision was made
to continue it in existence in order to wind up the affairs of DRFA. Accordingly, it was given only very
limited powers.
The "Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority" (JEPA) was amended in
1997 by the Second Amendment to name the City Managers of the Cities of Dublin and San'Ramon as the
Board of Directors and to require concurrence of both members for action. (JEPA 3.1) The Second
Amendment prohibited DRFA from having employees as of July 1, 1997 (JEPA 3.3) and limited the
Board's powers to those specified in SectiOn 4 of the Second Amendment and no others. The Board's
authority is limited to: winding up the affairs of the Authority; performing any contractual obligations of
DRFA existing on June 30, 1997; making contracts for medical'benefits for retired employees; processing
and acting on workers' compensation claims; suing and being sued; and retaining legal counsel or other
consultants to assist in carrying out the above powers. (See Attachment 2) The current DFRA Board of
Directors was not given authority to amend DRFA's contract with PERS to change the level of retirement
benefits. Such authority would be necessary in order for the Board of Directors to consider amending the
retirement benefits that the former DRFA employees will receive from PERS due to their years of service
with DRFA.
The existing Board's powers can be enlarged only by amendment of the JEPA, which would have to be
approved by a majority of the Councils of the two Cities. If this takes place the two City Managers would
convene as the DRFA Board to consider the request to amend the retirement benefits for former DRFA
employees. Alternatively, a majority of the Councils of the two Cities could elect to change the
composition of the DRFA Board, so as to enable the Councilmembers to act on the request for enhanced
PERS benefits.
On April 27, 2001, the Dublin City Council received the attached letter from the Alameda County
Firefighters/IAFF Local #55 (Local 55) requesting that DRFA change its retirement,contracts from 2% at
50 to 3% at 50. Alameda County recently modified its retirement contract from 2% at 50 to 3% at 50. All
County employees receive 3% at 50 for their years of service with Alameda County Fire. The Fire Union
is requesting DRFA modify its contract with PERS so that former DRFA employees receive 3% at 50 for
those past years of service with DRFA and DSRSD.
The DRFA Board of Directors, which consists of the City Managers of Dublin and San Ramon, met twice
regarding the PERS 3% at 50 retirement issue. The Board first discussed this matter on February 7, 2001,
at the request of Alameda County Fire Chief William McCammon. The request came to the DRFA Board
during the Alameda County Fire Department and San Ramon Valley Fire Protection District's respective
meet and confer process in which both agencies were negotiating the additional retirement benefit. At
that time, the DRFA Board directed Staff to get a legal opinion regarding DRFA's authority to amend the
PERS contract, to determine the Board's legal obligation to meet and confer regarding this matter under
the Meyers-Milias-Brown Act (MMBA), and several other legal issues. On April 18, 2001 the DRFA
Board met again regarding this matter and after lengthy discussion approved a motion to forward the
request to the City Councils of both cities for consideration provided that the person making the
request identify the public purpose and public benefit of the PERS contract amendment. The DRFA
Board never received such a request.
On June 5, 2001, the Dublin City Council reviewed a.letter dated April 19, 2001, from Alameda County
Firefighters/IAFF Local No. 55 requesting retirement enhancement benefits (PERS 3% at 50) to former
Dougherty Regional Fire Authority employees. During this meeting the Dublin City Council voted
unanimously to direct Staff to write a letter to San Ramon asking them if they are interested in meeting to
reconstitute/change the JEPA as the DRFA Board and look at the issue of 3% ~ 50, closing out the PERS
contract, and distributing the excess assets (funds) to both Cities.
The City of San Ramon indicated an interest in discussing the DRFA issue, resulting in the Joint City
Council Meeting this evening.
San Ramon has not received a letter similar to the April 19, 2001 letter from Local 55 to the Dublin City
Council.
What Does the Enhanced Retirement Benefit Request Represent Financially?
In January 2001, at the request of the Fire Union, PERS provided DRFA and Local 55 with a "Contract
Amendment Cost Analysis" with a valuation basis as of June 30, 1999. The Analysis provided
information regarding the potential cost to DRFA if it were to amend its contract with PERS to provide
the 3% at 50 benefits to all current members of the plan. The Analysis indicated that DRFA's plan had
assets in excess of the total present value of retirement benefits for its current members, and was therefore
"super-funded" as of June 30, 1999. The Analysis showed that the difference between the total value of
retirement benefits for current members and the actuarial value of DRFA's plan assets was $6,645,475,
representing the amount, as of June 30, 1999, of DRFA's excess plan assets. These assets are the monies
that the Cities of Dublin and San Ramon overpaid into the plan during DRFA's active period and market
earnings.
As of 6/30/99 Change Due To Post-Amendment
Requested Amendment Assets
Accrued Liability $ 16,945,195 $ 2,420,839 $ 19,366,034
Assets 23,590,670 1,116,133 24,706,803
Unfimded Liability (6,645,475) 1,304,706 (5,340,769)
The analysis above shows that, if DRFA were to amend its PERS contract to provide the 3% at ,50
benefits; the change which would result is a decrease in plan assets of $1,304,706, which represents the
cost of such an amendment as of June 30, 1999. If there were such an amendment, the excess plan assets
would be reduced by that amount, to $5,340,769 (based on 6/30/99 valuation). Since DRFA's plan was
superfunded as of 6/30/99, DRFA's contribution level would continue to be zero; however, there would
be a cost to the plan due to a decrease in assets. Thus, if DRFA wishes to terminate its contract with PERS
someday, the refund of its excess assets would be significantly less if DRFA were to provide the enhanced
retirement benefits than if it decided not to provide those benefits. In light of downturn in the stock
market since June 1999, it is likely that the excess assets left over would be significantly less than
$5,340,769. It is important to note that, in the unlikely event ora shortage of funds in future years, DRFA
would be required to pay the deficit, not inactive employees.
Who is Affected By the Request for Enhanced Retirement Benefits?
DRFA's June 30, 1999 PERS valuation included 50 inactive DRFA safety members. These are the
former employees of DRFA that chose not to retire. Of those 50 members many came to DRFA from the
Dublin San Ramon Services District (DSRSD) or another PERS agencies. Those employees brought to
DRFA their service credit from DSRSD or another agency. After they left DRFA on July 1, 1997 those
50 former DRFA employees began new employment; thirty-one (31) went to the Alameda County Fire
Department and six (6) went to the San Ramon Valley Fire Protection District (SRVFPD), and the
remainder went to other agencies, retired, or left the PERS system entirely.
Because they began employment with a new agency these inactive DRFA employees began receiving
benefits and PERS service credit under their respective new employers; similarly those DSRSD
employees that came to DRFA began receiving service credit under DRFA not DSRSD. When DRFA
ceased operations on June 30, 1997 it became an inactive employer.
The DRFA Board has no obligation or authority to meet and confer with former .or retired employees
under the Meyers-Milias-Brown Act (Government Code Section 6505). Former DSRSD employees are
inactive members of that agency and there is no obligation to meet and confer over wage and benefit
matters. In the same way, miscellaneous employees that move from one PERS agency to another can not
go back to negotiate wage and benefit enhancements. When an employee separates from one agency
contributions to PERS are terminated by that agency; it is the new employer that begins to make
contributions to PERS and the employee receives the new agency's contracted PERS benefits and service
credits.
Local 55's letter of April 27, 2001, (See Attachment 3) implies that inactive DRFA employees will pay
13.7% of their salary to receive the enhanced retirement benefit for service with DRFA and DSRSD. This
is not correct. What is correct is that the MOU with Alameda County Fire Department provides for the
3% at 50 PERS retirement benefit, but also requires active Alameda County employees contribute 13.7%
of their salary towards the enhanced benefit for service with Alameda County. (By law, such employees
contribute 9% of compensation for PERS benefits; it thus appears that Alameda County employees are
paying an additional 4.7% to PERS to help fund the increased benefits.) Former DRFA employees will
never make a contribution to DRFA (to Alameda County or to any other current employer) for this
enhanced retirement benefit, if DRFA provides this benefit.
Does a Public Purpose Exist to Grant the Enhanced Retirement Benefit Request?
Article XVI, Section 6, of the Califomia Constitution provides in relevant part: "The Legislature shall
have no power.., to make any gift or authorize the making of any gift, of any public money or thing of
value to any individual, municipal or other corporation whatever..." This is called the gift of public funds
doctrine, which requires expenditures of pubic agencies to be for a public purpose.
It is difficult to identify a "public purpose" that would justify this expenditure for DRFA. DRFA does not
currently employ any of the individuals that would benefit from the increased retirement benefits nor can
it because it is precluded from employing anyone. Even though some of the firefighters who would
benefit from this increase currently provide services to the City of Dublin, DRFA does not receive the
benefit of those services. Enhancing retirement benefits for former employees who currently work for
SRVFPD may also constitute an unlawful gift of public funds because there is not "public purpose" being
served by DRFA in making this expenditure. Moreover, since DRFA is not trying to attract or retain any
current of future firefighter employees, the normal purpose of providing an enhanced pension benefits
does not apply.
Under the Government Code, amendments to PERS contracts may not provide for retirement benefits for
some but not all local firefighters, and may not provide different retirement benefits for any subgroup of
members. Thus, DRFA must treat all former firefighters the same with regard to retirement benefits.
DRFA cannot provide different benefits for former employees now employed by Alameda County, by
SRVFPD, or other public agencies. This will result in all former DRFA employees who have not retired,
regardless of who their public employer is, receiving increased retirement benefits for their years of
service with DRFA (or its predecessor, the Dublin San Ramon Services District) at the expense of
DRFA~s two members, Dublin and San Ramon.
On April 19 and April 27, 2001, the Dublin City Council received the attached letters from the Alameda
County Firefighters/IAFF Local #55. To date, the San Ramon City Council has received no
correspondence regarding this matter. A separate issue, unrelated to the request for enhanced retirement
benefits, is whether the two City Councils wish to direct the existing Board to begin the process of
terminating the contract with PERS and redistributing the excess assets (funds) back to the two Cities
which made the overpayments. As discussed above, the amount of excess funds would be significantly
less if the retirement enhancement amendment occurs prior to terminating the PERS contract. It was
because of the obligation to provide retiree medical benefits that the PERS contract was not terminated in
1997 when DRFA ceased providing fire services to the cities. Staff has determined that it is now possible
to provide retiree medical benefits through PERS following termination of the PERS contract. There is,
thus, no reason not to terminate the PERS contract. The excess assets will be returned to PERS and then
distributed, to the. tWo cities in accordance with the provisions of the JEPA. The termination process is
estimated to take 3-4 years.
Should the City Councils desire to begin the contract termination process, Staff would recommend PERS
conduct an up-to-date valuation analysis. The cost of this analysis would be paid by DRFA and split
between the Cities of Dublin and San Ramon. The existing Board currently has the authority to terminate
the contract with PERS; giving the existing Board this direction would not require an amendment to the
JEPA.
Recommendation
Staff recommends that the City Councils review the staff report and deny the request to provide enhanced
retirement benefits to former DRFA employees; or
Determine if there is an interest to amend the JEPA (DRFA) to further consider Local 55's benefit
enhancement request and, if so, consider changing the composition of the Board of Directors from the two
City Managers to some or all of the two City Councils. If this alternative is selected, Staff of each City
can return with the DRFA JEPA amendment for each respective City Council to adopt.
Finally, staff recommends that the two City Councils provide direction to the DRFA Board of Directors
with respect to whether to initiate the termination of DRFA's contract with PERS.
JOINT EXERCISE OF POWERS AGREEMENT
DOUG~F~RTY REG'iON~AL FIRE AUTHORIT~
THIS.AGREEMENT is entered into on the effective date
hereinafter set forth by and between the member agencies
signatory hereto (hereinafter "Member Agencies").
W I T N E S S E T H:
WHEREAS, Title 1, Division 7, Chapter 5 of the
Government Code of the State of California authorizes said
Member Agencies to.enter into agreement for the joint exercise
of any power, common to them; and
WHEREAS, said Member Agencies possess the power to
provide for fire protection and suppression services within
their respective jurisdictions; and
WHEREAS, the jurisdictional areas of the Member
Agencies are contiguous to each other, are developed to
substantially the same level of density, and are susceptible to
being provided with fire protection services and facilities
under common administration and management and with the same
equipment, resources and personnel; and
WHEREAS, the separate management and administration of
each jurisdictional area by each of the respective agencies and
using separate equipment, resources and personnel will result in
duplication of effort, inefficiencies in administration and
excessive costs, all of which, in the judgment of the agencies,
ATTACHMENT
can be eliminated, al~ to the substantial advantage and benefit
of the citizens and taspayers of both agencies, if the
administration and management of the fire protection facilities
and services employing common equipment, resources and personnel
were to be consolidated in a single public agency; and such is
the purpose of this Agreement;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
PREMISES, THE MUTUAL ADVANTAGES TO BE DERIVED THEREFROM AND IN
CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS
AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE I
'DEFINITIONS
Unless the context otherwise requires, the words and
terms defined in this 'Article shall, for the purpose hereof,
have the meaning herein s~ecified.
Section 1.1. A¢__~t. "Act" means Article 1 and Article 2
(commencing with Sect&-on 6500) of Chapter 5, Division 7, 'Title 1
of the Government Code of California.
Section 1.2. Agreement. "Agreement" means this joint
exercise .of powers agreement.
Section 1.3. Area. "Area~ and -jurisdictional area" mean
that...area within the 'corporate limits of the City of Dublin
and the City of San Ramon as they now exist or may hereafter
exist and not .within the jurisdictional area of any other fire
protection district.
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Section 1.4. Authority. ,Authority" means the Dougherty
Regional Fire Authority created pursuant to this Agreement.
Section 1.5. Board of Directors. "Board of Directors"
means the governing board~of the Dougherty Regional Fire
Authority referred to in Section 1.4.
Section 1.6. Bond Law. "Bond Law" means Article 2 of
Chapter 5, Division 7, Title 1 of the California Government
Code, as now or hereafter amended, or any other law hereafter
legally available for use by the AuthOrity in the authorization
and issuance of bonds to finance needed public facilities.
Section 1-7. Bylaws. "Bylaws" refers to the operational
and organizational directives of the joint powers of the
Dougherty' Regional Fire Authority-
Section 1.8. Chief Executive Officer. "Chief Executive
Officer" means the chair of the Management Committee.
Section 1.9. Controller/Treasurer- .Controller/Treasurer"
means the Financiai Director and Finance Manager of the
Authority having the responsibility and accountability of the
Authority's funds.
Section 1.10. Fire Chief. "Fire Chief" means the employee
of the AuthOrity directly responsible to the Management
Committee and primarily responsible for the managerial oversight
u£ the operations of the Authority.
SectiOn 1.11' Fiscal Year. "Fiscal Year" means the period
from July 1st to and including the following June 30th.
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Section 1.11. Fiscal Year. "Fiscal.Year" means the period
from July 1st to and including the following June 30th.
Section 1.12. Joint Facilities. "Joint Facilities" means
all existing fire protection facilities, equipment, resources'
and property to be Owned, managed and operated by the Authority
pursuant to Section 5.3 hereof, and, if and when acquired or
constructed, any. improvements and additions thereto.
Section 1.13. Legislative Bodies. "Legislative Bodies"
means the city councils or elected representatives of the Member
Agencies of the Authority.
Section 1.14. Management Committee. "Management
Committee" means the City Manager of each of the Member Agencies
of the Authority.
Section 1.15. Member Agencies or Agency. "Member
Agencies" means both public agencies signatory to this
Agreement. "Member Agency" means any'such party.
Section 1.16. Quorum. "Quorum" means a majority of the
Board of Directors, but in no case less than two (2) persons
from each Member Agency, necessary tO conduct business.
Section 1.17. Secretary. "Secretary" means the Secretary
of the Dougherty Regional Fire Authority. ARTICLE II
GENERAL PROVISIONS
Section 2.1. Purpose. This Agreement is made pursuant to
tb~ Act providing for the joint exercise of powers common to the
Agencies. The purpose of this Agreement is to provide for the
joint exercise of powers to own, manage, operate and maintain
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the Joint Facilities as they now exist and to implement the
financing, acquiring, and constructing of additions and
improvements thereto and additional facilities and property and
thereafter to manage, operate and maintain the Joint Facilities,
as so added to and improved, all to the end that the Area is
provided with more efficient and economical fire protection
service, and, if necessary, to issue and repay revenue bonds of
the Authority pursuant to the Bond Law. Each of the Agencies is
authorized to exercise all such powers (except the power to
issue and repay revenue bonds of the Authority) pursuant to its
organic law and the Authority is authorized to issue and provide
for the repayment of 'revenue bonds pursuant to the provisions of
the Bond Law.
Section 2.2. Creation of Authority. Pursuant to the Act,
there is hereby created a public entity to be known as the
"Dougherty Regional Fire Authority", herein called the
"Authority". The Authority is a public entity separate and
apart from .the City of Dublin and the City of San Ramon and
shall administer this Agreement. The Authority may be commonly
referred to as the "Dougherty Regional Fire Department".
Section 2.3. Effective Date of'Agreement. This Agreement
shall become effective when signed and executed by both Member
Agencies.
Section 2.4.~ Operational Date of Agreement. This
~Agreement shall become operational on July 1, 1988, or the
effective date'of the Authority's contract with the Public
Employees Retirement System, whichever occurs later.
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Section 2.5 Schedulin~ of Transition. After the effective
date of this Agreement and prior to the operational date, the
Board of Directors shall adgpt a schedule of performance
outlining the transition of services, personnel, equipment, and
capital facilities to the Authority. The Management Committee
created by this Agreement shall be responsible~ for the
implementation of said schedule of performance sufficient to
meet the operational date.
Section-2.6. Term. This Agreement shall be effective on
the date hereof and shall continue in effect until such time as
all bonds (if any) and the interest thereon issued by the
Authority under the Bond.Law or the Act shall have been paid in
full or provision for such payment shall have been made and
thereafter until such time as the Authority and the Agency.es
shall have paid all sums due and owing pursuant.to this
Agreement or pursuant to any contract executed pursuant to this
Agreement, and thereafter until terminated pursuant to
Article VIII.
Section 2.7. Governin~ Board. The Authority shall be
administered by a Board of Directors consisting of six (6)
members. Three (3) members shall be Council members of the City
of Dublin and shall be appointed by the City Council of the City
of Dublin, and three (3) members shall be Council members of the
City of San Ramon and shall be appointed by the City Council of
the City of San Ramon. Each City Council shall appoint an
alternate Board member from the City Council who may act in the
abSence of a member appointed by that City Council. The Board
of Directors shall be called the "Board of Directors of the
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Dougherty Regional Fire Authority". All.voting power of the
Authority shall reside with the Board of Directors.
(a) Ail Board members shall serve at the pleasure of
the Agency that appointed such member.
(b) All vacancies on the Board-shall be filled by the
appointing entity within thirty (30) days of the
vacancy. Each Director shall cease to be a member
of the Board of Directors when such member ceases
to hold office as a councilmember of the
appointing entity.
(c) Members shall receive compensati°n and
reimbursement for reasonable and necessary
expenses incurred in performance of their duties,
as provided in the Bylaws.
Section 2.8. Meetings of the Board of Directors., All
meetings of the Board of Directors shall be public meetings
anless a specific clgsed session is held in accordance with the
Government Code.
(a) Regular Meetings. The Board of Directors shall
provide for regular meetings at a date, time, and
place fixed by resolution of the Board of
Directors which shall be at least quarterly.
(b) Special Meetings. Special meetings of the Board
of Directors may be called in accordance with the
provisions of Section 54956 of the California
Government Code, for the purPose of taking
immediate action for emergency measures, as
necessary.
(c) Call, Notice, and Conduct of Meetings. Ail
meetings of the Board of Directors, including
without limitati°n, regular, adjourned regular,
and special meetings, shall be called, noticed,
held, and conducted in accordance with the
provisions of Sections 54950, et seq., of the
California Government Code.'
Section 2.9. Required Votes; Approvals. The affirmative
votes of at least two members of each Agency shall be required
to take any action by the Board of Directors and less than a
quorum may adjourn from time to time.
Section 2.10. Voting. Each member of the Board of
Directors shall have one vote.
Section 2.11. Minutes. The Secretary Shall cause to be
kept minutes of the meetings of the Board of Directors and
shall, as soon as pOssible after each meeting, cause a copy of
the minutes to be forwarded to each member of the Board of
Directors and to each Member Agency.
Section 2.12. Bylaws. The Board of Directors may adopt,
from time to time, such bylaws, rules, and regulations for the
conduct of its meetings and affairs as are necessarY for the
purposes hereof.
ARTICLE III
ORGANIZATIONAL STRUCTURE
OFFICERS AND EMPLOIq~ES
Section 3.1. Chairperson 'and Vice-Chairperson. The Board
of Directors shall elect a Chairperson and Vice-Chairperson from
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among its members. The Chairperson and Vice-Chairperson.shall
rotate from each Member Agency annually such that the
Chairperson and Vice-Chairperson shall not be appointed from the
same Member Agency. In the event of the disqualification or
permanent inability to serve as the Chairperson during the year,
another member from the same Agency shall be appointed
Chairperson to fulfill the one-year term.
(a) The Chairperson shall sign all contracts on behalf
of the Authority and shall perform suCh other
duties as may be imposed by the Board of
Directors.
(b) The Vice-Chairperson shall act, sign contracts,
and perform all of the Chairperson's duties in the
temporary absence of the Chairperson.
Section 3.2. Secretary. The Chief Executive Officer shall
be the Secretary to the Board and shall countersign all
contracts signed by the Chairperson or Vice-Chairperson on
behalf of the Authority, perform such other duties as may be
imposed by the Board of Directors and cause a copy of this
Agreement to be filed with the Secretary of State and the-State
of California pursuant to Section 6503.5 of the Act.
Section 3.3. Controller/TreaSurer.
The Controller/Treasurer of the Authority shall be designated in
the Bylaws. The Controller/Treasurer shall be the depository
and shall have custody of all of the accounts, funds and money
of the Authority from whatever source. The Controller/Treasurer
shall have the duties and obligations set forth in Sections 6505
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and 6505.5 of. the Joint Exercise of Powers Act of the California
Government Code, and shall assure that there shall be strict
.accountability of all funds and reporting of all receipts and
disbursements of the Authority..
SectiOn 3.4. OffiCers in Charge of Property. Pursuant to
Section 6505.6 of the California Government Code (Joint Exercise
'of Powers Act), the Controller/Treasurer shall have charge of,
handle, and have access to all accounts, funds, and money of the
Authority and all records of the authority relating thereto; and
the Secretary shall have charge of, handle, and have access to
all other records of the Authority; and the Management Committee
shall have charge of, handle, and have access to all physical
properties of' the AUthority.
Section 3.5. Bonding Persons Having Access to Property.
From time to time, the Board of Directors may designate persons,
in addition to the Secretary, Controller/Treasurer, and
Management Committee, having charge of, handling, or having
access to any property of the Authority. The Board of Directors
shall also designate the respective amounts of the official'
bonds of the Secretary, Controller/Treasurer, and of the
Management Committee members and such other persons pursuant to
Sectiun 6505.1 of the California Government Code (Joint Exercise
of Powers Act).
Section 3.6. Management. The regular management of the
Authority shall be vested jointly in the Management Committee.
The Board of Directors shall annually appoint a Chairperson of
the Management Committee who shall be designated as the Chief.
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Executive Officer of the Authority and a ViCe-Chairperson of the
Management Committee who shall act in the absence of the Chief
Executive Officer. The Chief Executive Officer shall be rotated
annually· such that the Chief Executive Officer is from the same
Agency as the Chairperson of the Board. The Management
committee shall have the power:
(a) To provide for the planning, design, and
construction of any additions or improvements to
the Joint Facilities·operated by the Authority;
(b) Except as otherwise provided in clause (h) of this
Section, to execute any contracts for capital
costs, costs of special services, equipment,
materials, supplies, maintenance, or repair that
involve an expenditure by the Authority within the
limits and in accordance with procedures to be
established by the Authority in the manner
provided for local agencies pursuant to Article 7,
commencing with Section-54201 of .Chapter 5 of
Part 1 of Division 2 of Title 5 of the California
Government Code;
(c) To appoint and employ all personnel of the
Authority required for maintenance and operation
of the Joint Facilities, including a Fire Chief,
and all other employees authorized by the
Authority's budget or by the Board of Directors;
(d) To retain any consultants, including labor
relations consultants or certified public
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(i)
accountants, as authorized in the Authority's
budget;
(e) Subject to approval of the Board of Directors, to
appoint and employ all personnel of the Authority
or consultants required to be employed or retained
in connection'with the design of any additions or
improvements of the Joint Facilities or
construction of new Joint Facilities;
(f) To expend funds of the Authority and enter into
contracts, whenever required in the combined
judgment of. the Management Committee, or for the
immediate preservation of the public peace,
health, or safety;
(g) To sell any personal property of the Authority as
may be provided in the Bylaws;
(h) To approve demands for payments by the Authority
of Fiv~.Thousand Dollars ($5,000.00), or less,
which are authorized in the budget;
To prepare .and submit to the Board of'Directors in
time for revision and adoption by it prior to
March'l Of each year, the annual preliminary
budget for the next succeeding Fiscal Year
referred to in Section 6.1;
(j) Generally, to supervise the acquisition,
construction, management, maintenance, and
operation of the Joint Facilities and personnel of
the Authority; '
(k) To perfOrm such other duties' as directed by the
Board of Directors and report to the Board of
Directors at such times and on such matters as the
Board of Directors may direct.
Section 3.7. Legal Advisor. The Board of Directors shall
have the power to appoint the legal advisor of the Authority who
shall perform such duties as may be prescribed by the Board of
Directors?
Section 3.8. Other Services. The Board of Directors shall
have the pOwer to appoint and employ such other consultants and
independent contractors as may be necessary for the purposes of
this Agreement.
Section 3.9. Administrative Support. The Member Agencies
hereby each agree to provide to the Authority certain
administrative support functions as shall be provided in the
Bylaws. These functions shall be divided among the Member
Agencies so that each Member Agency provides an equal amount of
support services in 'proportion to the other Member Agency and
any inequalities in the cost of support services provided shall
result in an adjustment to the annual "operating costs" as
provided in Section 6.3. Administrative support functions shall
include, but not be limited to, financial (including payroll,
purchasing and risk management) and personnel (including labor
relations).
Section 3.10. Non-Liability of Agencies. None of the
officers, agents, or employees directly employed by the
Authority shall be deemed,.bY reason of their employment by the
-13-
Authority, to be employed by either Agency or, by. reason of
their employment by the Authority, to be subject to any of the.
requirements of either Agency.
All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all pension, relief,
disability, workers' compensation, and other benefits which
apply to the a~tivities of the officers, agents, or employees of
Member Agencies when performing their respective functions shall
apply to them to the same degree and extent while engaged in the
performance of any of the functions and other duties under this
Agreement.
ARTICLE IV
POWERS OF THE AUTHORITX
Section 4.1. General Powers. The Authority shall exercise
in the manner herein provided the powers common to each of the
Member Agencies, as provided by the laws of the State of
California, and all incidental, implied, expressed, or necessary
powers for the accomplishment of the pUrposes of this Agreement,
subject to the restrictions set forth in Section 4.4. As
provided in the California Government Code (commencing with
Section 6500), the Authority shall be a public entity separate
from the Member Agencies. The Authority shall have the power to
finance, acquire., construct, manage· maintain, and operate Joint
Facilities. The Authority shall have all of th~ POwets provided
in Article 2 of the Joint Exercise of Powers Act, unless
specifically prohibited by this document.
-14-
Section 4.2. Specific Powers. The Authority is hereby
authorized, in its own name, to do all acts necessary for the
exercise of the foregoing powers, including but not limited to,
any of the following:
(a) To make and enter into contracts;
(b) To employ agents or employees;
(c) To acquire' construct, manage, maintain, or
operate any buildings, works or improvements;
(d) To acquire, hold, or dispose of property;
(e) To sue and be sued in its own name;
(f) To incur debts, liabilities or obligations,
subject to the provisions of this Agreement,
provided that no debt, liability or obligation
shall constitute a debt, liability or obligation
upon any Member Agency;
(g) To apply for, accept, receive, and disburse
grants, loans~ and other aids from any agency for
the United States of America or of the State of
California;
(h) To invest'any money in the treasury pursuant to
Government Code Section 6505.5 that is not
required for the immediate necessities.of the
Authority, as the Authority determines is
advisable, in the same manner and upon the same
conditions as local agencies, pursuant to Section
53601 of the California Government Code;
-15-
(i) To carry out and enforce all the provisions of
this Agreement.
Section 4.3. Bonds. The Authority shall have all of the
powers provided in Article'2 of the Act (commencing with
Section 5640), including the power to issue revenue bonds under
the Bond Law.
Section 4.4. Restrictions on Exercise of Powers. The
power of the Authority shall be exercised in the manner provided
in the California Government Code and in the Bond Law, and,
except.for those powers set forth in the Bond Law, shall be
subject (in accordance with Section 6509 of the Joint Exercise
of Powers Act) to the re~trictions upon the manner of exercising
such powers that are imposed upon general law cities in the
State of California in the exercise of similar powers.
Section 4.5. Obligations of Authority. The debts,
liabilities, and obligations of the Authority shall not be the
debts, liabilities, and obligations of any Member Agency.
ARTICLE V
METHODS OF PROCEDURE
Section 5.1. Assumption of Responsibilities by the
Authority. As soon as practical after the effective'date of
this Agreement, the respective Member Agencies shall appoint
members of the Board of Directors and alternates, and the City
Managers of the Member Agencies shall give notice (in the manner
required by Section 2.8) of the organizational meeting of the
Board of Directors. At said meeting, the Board of Directors
shall provide for its regular meetings as required by Section
-16-
2.8, elect a Chairperson and Vice-Chairperson, and appoint the
Chief Executive Officer, all of whom shall serve until the first
regular meeting following the end of the succeeding Fiscal Year.
Section 5.2. Delegation of Powers; Transfer of Records,
Accounts, Funds, and Property. Each Member Agency hereby
delegates to the Authority the power and duty to maintain,
operate, and manage any fire protection facilities, equipment,
resources, and property of each of the respective Member
Agencies within their territorial jurisdiction, including
without limitation all fire stations, land, buildings, fire
fighting equipment and emergency response equipment, and to
employ the necessary personnel to do any and all other things
necessary or desirable to provide continued efficient and
economical fire protection services to the Member Agencies.' The ~
proper officers and employees of each of the Member Agencies
shall'transfer to the Secretary, Controller/Treasurer, and
Management Committee of .the Authority, all records, accounts,
funds, and property of each of the Member Agencies which relate
to the providing of fire protection services and which are
necessary or desirable to allow the Authority to function.
The records, accounts, funds, and property described
herein shall be further identified and defined in an inventory
to be developed by the Management Committee during the period
b~t-~een the effective date and the operational date of this
Agreement. This inventory shall be approved by the Board of
Directors'prior to the transfer of. any such records, accounts,
funds, and property. Each Member Agency agrees to execute or
-17-
.authorize the execution of all legal documents necessary to
accomplish such said transfer.
Section 5.3. Joint Fire Protection Maintenance and
Operation Fund. The Board of Directors shall create a joint
fire protection maintenance and operation fund (herein called
the "operating fund"). Upon the organization of the Board of
Directors, the Authority shall assume resPonSibility for the
maintenance and operation of the operating fund and shall pay
the administrative expenses of the Authority 'and all maintenance
and operation.costs of the Joint Facilities from said fund.
Each of the Member Agencies shall pay into said fund its
proportionate share of th~ maintenance and operation costs of
the Joint Facilities, computed on the bases set forth in
Section 6.3 of this Agreement.
Section 5.4. Capital Acquisition and Replacement Fund.
The Board of Directors shall create a capital acquisition and
replacement fund ("capital fund") for the purpose of creating a
fund for replacement and acquisition of capital equipment and
property. Each Agency shall transfer its share of the capital
replacement and acquisition fund received from the Dublin-San
Ramon Services District into the capital fund and shall annually
pay into said'fund its proportionate share of capital
replacement costs, as provided in Section 6.3. Any fire
connection fees imposed for capital improvements shall be
deposited in the capital fund (and shall be accounted for on the
basis of origination by Member Agency) and shall be used for
capital acqUisiti°ns.
-18-
ARTICLE VI
BUDGET/COSTS
MAINTENANCE AND OPERATION/OTHER COSTS.
Section 6.1. Annual Budget. The Board of Directors shall
adopt a preliminary budget for maintenance and operation costs,
capital costs, costs of special services, and bond interest and
redemption expenses (if any) annually priOr to March 1 of each
year and shall adopt a final budget prior to June 30 of each
year. The budget for Fiscal Year 1988-89 shall be approved by
each Agency and provided to the Board at its. organizational
meeting.
Section 6.2. Records and Accounts. The~Authority shall
cause to be kept accurate and correct books of account, showing
in detail the capital-costs, costs of special services and
maintenance, and operation costs of the Joint Facilities, and
all financial transactions ofthe Member Agencies relating to
the Joint Facilities, which books of account shall correctly
show any receipts and also any costs, expenses, or charges paid
or to be paid by each of the Member Agencies. Said books and
records shall be open to inspection at all times during normal
business hours by any representative of a Member Agency, or by
any accountant or other person authorized by a Member .Agency to
inspect said boOks or records. The Controller/Treasurer shall,
in accordance with Sections 6505 and 6505.6 of ~e California
Government Code (Joint Exercise of Powers Act), cause the books
of account and other financial records of the Authority to be
audited annually by an independent public acc°untant or
certified public accountant.
-19-
Section 6.3.
(a)
(b)
Allocation of Costs and Expenses: Generally.
Annual Estimate. After adoption of the
preliminary budget and prior to April 1 of each
year, the Authority shall furnish to each of the
Member Agencies .an estimate of the total annual
maintenance and operation costs, capital costs,
costs of special services, and bond interest and
redemption expenses (if any).
Operating Costs. The proportion of annual
maintenance and operation costs (referred to as
"operating costs") to be borne by each Agency
shall be based on the assessed valuation of all
property within the jurisdictional area of each
Member Agency as follows: The assessed valuation
of all property within the Jurisdictional area of
each Member Agency, as shown on the latest
assessment rolls used for distribution of taxes
("assessment rolls"), shall be added togeth'er and
the percentage thereof that the total assessed
value for each Member Agency bears to the whole
will be the percentage of operating costs of the
Authority to be' borne by that Member Agency. The
percentage to be used for the succeeding Fiscal
Year shall be determined by the Management
Committee each year prior to April 1, based on the
assessment rolls for that Fiscal Year. In the
event that the Management Committee is unable to
-20-
(c)
(d)
agzee on the percentage for any year, the Board
shall determine' the percentage. As used herein,
"assessed valuation" shall, in the case of
property within a redevelopment area,~mean the
assessed valuation plus any increments in value.
The percentage for Fiscal Year 1988-89 shall be
determined by the Board at its first meeting~and
shall be based on the assessment rolls for Fiscal
Year 1987-88.
Capital Acquisition Costs, Costs of Special
Services, Bond Expenses. Costs of acquiring new
equipment o~ constructing new facilities, costs of
special services and bond interest and redemption
expenses (if any) shall be borne by each Member
Agency as may be agreed by the Legislative Bodies
of the two Member Agencies. At the time new
equipment is purchase (with the exclusion of
replacement equipment) or new facilities are
constructed or real'property is purchased, the
Legislative Bodies shall determine the method of
disposing of such assets upon termination.
Capital Replacement Costs. The prOporti°n of
capital replacement costs to be borne by each
Member Agency annually shall be based on the
percentage for each year as determined pursuant to
Section 6.3(b).
-21-
(e) Mello-Roos SPecial Tax. Either Agehcy or the
Authority may use the proceeds of a special tax
imposed pursuant~to Government Code Section 53311,
et seq., ("Mello-Roos Community Facilities Act of
1982") to pay for construction of a new fire
station or to pay operating costs of a new fire
station.
Section 6.4. Payment of Costs. Beginning on the
operational date of this Agreement, and monthly in advance
thereafter for each Fiscal Year, each Member Agency agrees to
pay the Authority its allocated share of the total estimated
annual costs and expenses', as set forth in Section 6.3,
subsections (a) to (d). The AUthority shall submit to each of
the Member Agencies .a final detailed statement of the final
costs and expenses for the Fiscal year, allocated in the same
manner as estimated expenses were allocated, within three (3)
months after the close of each Fiscal Year,. whereupon final
adjustments of debits and credits shall be made by the
Authority. If the amount of any allocated share of any
estimated item of expense due from a Member Agency was less than
the final allocation of such item to such Member Agency, such
Member Agency shall forthwith pay the difference to .the
Authority. If the amount of any allocated share of any
estimated items of expense from a Member Agency was in excess of
the final allocation of such item to such Member Agency, the
Authority shall credit such excess t° the appropriate account of
such Member Agency.
-22-
Section 6.5. Sources of Funds. Each Member Agency shall
provide the funds reqDired to be paid by it to the Authority
under this Agreement from any source of funds legally available
to such Member Agency for such purpose.
Section 6.6. Additional Charges to Members. Member
Agencies shall be held financially responsible for direct
additional costs encumbered by the Authority in the
implementation of special programs, projects, and services in
addition to normal fire prevention and suppression activities
requested by the respective Member Agency's City Council, or
city administrative staff for that specific Member Agency.
ARTICLE VII
OWNERSHIP; ENFORCEMENT
Section 7.1 Ownership of Joint Facilities. Prior to the
operational date, each ~ember Agency shall convey to the
Authority the real and personal property described in Exhibit A
"hereto which real and. personal property will thereafter b~
owned, managed and operated by the Authority.
Section 7.2. Enforcement by 'Authority~ The Authority is
hereby authorized to take any or all legal or equitable actions,
including but not limited to injunction and specific
perfor.mance, necessary or permitted by law, to enforce this
Agreement.
ARTICLE VIII
TERMINATION
Section 8.1. Termination- This Agreement shall continue
until terminated by a Member Agency of the Authority in the .
-23-
manner hereinafter provided. Upon termination, any obligation
of the Authority which continues following termination shall be
borne by the Member Agencies based on the percentage determined
pursuant to paragraph 8.3.
Section 8.2. Effective Dates of Termination- Such
termination shall not under any circumstances become effective
until June 30, next'succeeding a minimum of twelve (12) months
following the giving of written notice of termination by City
Council resolution to the other~ Member Agency's City Manager.
Section 8.3. Disposition of Assets. Except as provided in
Section 6.3(c), upon the termination of this Agreement, any
assets acquired by the Authority during the period of its
existence and still on hand and all cash reserves ("assets and
cash'reserves") shall be distributed to the Member Agencies in
the following manner: The total amount of maintenance and
operating costs paid by each Member Agency into the operating
· fund during the entire existence of the Authority shall be added
together and the percentage which each Agency's total bears to
the whole shall be determined. The assets and cash reserves
shall be divided between the Agencies based on the above
percentage, based on appraised value of the assets at the time
of termination, provided that the real property conveyed to the
Autherity by each Agency, as described in Exhibit A, shall be
excluded from such distribution and appraisal and shall be
convayed to each such Agency upon termination. In the event the
.agencies cannot agree on the distribution of assets and cash
reserves, an arbitrator shall be selected by the Board to
-24-
determine the distributiOn of assets and cash reserves. If the
Board cannot agree on the selection of an arbitrator, each
Agency shall select an arbitrator, and the two arbitrators shall
select a third, who together shall decide the manner of
distribution of assets and cash reserves, on the basis of this
Agreement. The arbitrator(s) may retain the services of an
appraiser to assist them and the decision of the.arbitrator(s)
shall be final. The costs of arbitration (including appraisers'
fees) shall be borne by the Agencies equally.
ARTICLE IX
MISCELLANEOUS
Section 9.1. Section Headings. All section headings in
this Agreement are for convenience of reference only and are not
to be construed as modifying or governing language in the
section referred, to or to define or limit the scope of. any
provision of this Agreement.
Section 9.2. Consent. Whenever in this Agreement any
consent or approval is required, the same shall not be
unreasonably withheld.
Section 9.3. Law Governing. This Agreement is made.under
the Constitution and laws of the State of California and is to
be so .construed.
Section 9.4. Amendments.
(a) This Agreement ma~ be amended at any time, except
as limited by contract with bond holderS, if any.'
(b) All amendments to the Agreement must be in
writing, and must be approved by the City Councils
-25-
of the Member Agencies prior to becoming
effective.
Section 9.5. severability. In the event any provision of
this Agreement is'determined to be illegal or invalid for any
reason, all other provisions and articles of this Agreement
shall remain in full'force and effect unless and until otherwise
determined. The illegality of any provision of this Agreement
shall in no way affect the legality and enforceability of any
other provisions of this Agreement.
Section 9.6. Successors. This Agreement shall be binding
upon and shall inure to the benefit of the successors of the
respective Member Agencies. No Member Agency may assign any
right or obligation hereunder without written consent of the
other Member Agencies.
Section 9.7. Notice. Notice of. any Member Agency to any
other Member Agency shall be given in the manner and to the
addresses established in the attached Bylaws for this purpose.
EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officers
thereupon duly authorized and their official seals'to be hereto
affixed on the dates as shown herein.
Dated:
ATTEST:
City Clerk, Ci6~ o~Dublin
-26-
City Attorney, City of Dublin
ATTEST:
~i~y Clerk, City~f San ~ On
~ayoz, City of San Ramon
APPROVED AS TO FORM: '
~l-ty~Attorney, Cit+y o~
San I~Jnon .
-:27-
RESOLUTION NO. 79 - 97
A RESOLUTION OF TIlE CITY COUNCIL
OF TNF. CITY OF DIJB!,IN
AMENDING JOINT EXERCISE OF POWERS AGKEEMENT
· DOUGn'F.~TY REGIONAL FIRE AUTHORITY
WI-IEKEAS, by Kcsolution No. 15-88, the City Council approved the ":Joint Exercise of?owers
Agreement/Dougherty Regional Fire Authority", which was subsequently executed by the Mayor,, and
WI-IEREAS, the ,'Joint Exercise of Powers Agreemeat~ougherty RegiOnal Fke Authority:. can be
amended, as provided.in Section 9.4 of said Agreement upon approval of the-City Councils of the Cities of
Dubliu and San Ramon; and
WI:rg.'KEAS, the City Councit~ of the Cities of Dublin and San l~_~mon approved the 'First
Amendment to $oint Exercise of Powers Agreement/Dougherty Regional Fire Authority", effeative
December 15, 1988; and
WNEKEAS, the City Manager has .presented to the Council and has recommended approval of the
"Second Amendment t° ,~oint Exerc/se of Powers Agreemeat/Dou~erty P. egional Fire Authority", a copy
· of which is attached hereto as Exhibit A; and
NOW,' ~OKE,.the Dublin City Council does hereby approve the "Second Ame~4m~mt to
Do~ Regional Fire Authority Joint F, xerc'me ofP0wers A~reement~, md authorizes the lvhyor to
execute s~id Amendment.
PA~S~D, APPROVED.AND ADOPTED tb~ 17th day of~Iune, 1997.
AYES: ' Counciimembers Barnes, Burton, HOWard, Lockhart and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
K2 /G/6-17- 9 7/rea odrf a. d oa
ATTACHMENT 2
SECOND AHEND~NT TO DOUC~H~RTY ~GIONAL ~IR~.
AUTHORITy JOINT EXERCISE OF POWERS AGREEMENT
This is the Second Amendment to the Joint Exercise of
Powers Agreement (which, together with the Fi=stAmendmentthereto
is referred' Go .as "JEPA") entered int° between'the cities Of' S&n
Ramon and Dublin tO create the Dougherty Regional.Fire Authority
(hereinafter referred to as ,'Authority") The. CLty of San Ramon has
elected to exercise its right under Paragraph 8.1 of the JEPA .to
terminate the JEPA and the Authority effective June 30, 1997.
Paragraph 8.1 of the JEPA provides that: "upon termina-
tion, any obligation of the Authority which, continues following
termination sh~ll be b6rne by the Member Agencies based on the
percentage determined pursuant to Paragraph'8.3'' However, in the
course of planning for termination of the. Authority, 'the Board of
Directors has determined that the obligation of the Authority to
provide medical'benefits to its retired employees can be best met
by continuing the. 'Authority in existence for li~ited-purposes
beyond June 30,~ 1997. This will allow the Authority to maintain
the contractual relationship with the Public Employees Retirement
System through which these medical benefits are currently provided.
The purpose of this' amendment is to allow for continua-
tion of the Authority beyond June 30, 1997, for the limited
purposes of winding up. the affairs of the Authority as set forth
herein. '~
IT IS AGREED as follows:
1
F. XXIBIT
· J
:,~,,~1.,.,~: Te~:.. This..~cond :A~Ddm~n~ ~ha.ll become effective
when approve~byl both ~e City of :Dublin a~ the City of San R~on
and shall~,,-remain ~'in e~-~e=t until te~nate~ pursuant to Article
2 Continuation .o~,.:Authorit~. Nei~er
Au~o=~y shal~ 'te~na~ o~
notice o~-ee~nat~o~- give. bY ~ City~.. of San ~on on June 27,
1.996,:,~.~bu= sha,lt ~continue .in ~ff~ot:::,for =he limited p~oses set
3. Administration .of Au~orit~.
3 i Governinq Boar~. Co~enc!ng July 1, 1997, the
Au~or~ty'sha,ll be a~in.~stered, by a ~oard of Directors consisting
. . ~ ~ ~':, ~ '. . . :, ~= .~:
o~.' ~e ..City Ma~a~er~' of..~]~e.~.citi~s of San Ramon' ~d D~lin. The
'Board. shall meet as .needed' but at,least once, each year and shall
=e=eive ~no .~=ompensa~ion ~r.om .the Au~ori~ wi~ ~e excepeion of
reimb~s~en=.,..~for reasonable and, ,necess~y exRenses .incurred in
pe~.fo~anoe .o~ ::~he~' duties. ~y. a0~i0,n by the ~Boa=d centres the
conourremce~ .of .bo~ m~s. A ~or~ consists of both me,ers.
Ail .meetings of the BOard shall be ~conducted in accordanpe wi~ the
Ralph'M. Brown Act,
..... · 3.2 officer~,.
' e
abolish ~ ef'~e=ti~e July 1, i997..
The Management committee is
.The offices of Se~r~y and
con~rolier/Treasurer shall.be' filled as designated'by the Bylaws.
~.3 ~. ~E~fecti~e July .%::~ 19.9~, the
Authority shall have no ~mployees.
4.. P~wers. cf.,the .Authority. The Board of Directors
2
'shall have the following.specific powers and ~o.othe~s,, beginning
July 1, 1997:
4.1 To wind up. the .affairs of the Authority;
4.2 To perform any contractual obligations of the
Authority existing'on June 30,1997;
4.3 To make and administer contracts which provide
medical benefits to retired employees of the Authority;
4.4 To process and act upon worker compensation
claims filed with the Authority or to contract for the processing
of such claims;
4.5
·4.6
To sue and be sued in its own name; .and
To retain legal counsel or oth~rconsultants to
assist in carrying out t~e powers authorized unde~ this paragraph.
5. DisDosition of Personal Property. Owned by Authority.
Personal property assets, however and whenever acquired,. held by
the Authority .on June 30, 1997, Shall be distributed .as follows:
All veh±cles,' to01~, equipment and supplies considered by the San
Ramon Valley Fire ~rotection District as necessary to Serve its
newly acquired service area shall be distributed t° the City of San
.~amon for transfer to the San Ramon Valley Fire Protection
District. Likewlse, all vehicles, too.ls, equipment and supplies
'conSidered by the Alameda County Fire Protection District as
necessary to serve its newly acquired service area shall be
distributed to the City of Dublin for use by'the Alameda County
Fire Protection District.
All.vehicles, taols, equipment and supplies unclaimed by
3
the San Ramon Valley Fire Protection District or the city of Dublin
on behalf of the Alameda County Fire Protection District without
resolution o'f the' conflicting claims by June 30, 1997 shall be
offered for' sale to the below-listed agencies in the following
order:
~. a. Alameda.County Fire Protection District/San Ramon
Valley.Fire Protection District.
b. cities of San Ramon and Dublin.-
Any other governmental agency.
All remaining items' not 'distributed or purchased as
provided above shall be sold at public auction with sales proceeds
distributed in accordance with the JEPA provisions relating to
distribution o~ cash.
This paragraph shall not affect distribution of Authority
real .'property and improvements, all of which continu~ to be
governed by applicable provisions of the JEPA .and by Paragraph 6
6. DisDosition of Real Property .Owned by AuthoritY.
Section 8.3 .of' the JEPA provides that on termination of the
Authority, title to any real property conveyed to the Authority by
either city be transferred back to that city. Additional real
property hasbeen acquired subsequent to creation of the Authority.
It is intended that such real property be treated the same as the
original real property referenced in Section 8.3 of theJEPA with
the result that title to all real property and improvements thereon
shall be transferred by the Authority on or before June 30, 1997,
Not-
any.
to the city in which such real property is located.
7. A~loc~tion of Operatin~ Costs for FY 1996-97~
withstanding. Section 6.3(b) of the JEPA, the cOSt of
performance pay bonuses give~ during FY 1996-97 and any costs
associated with the Board's action on April 21, 1997 approving
..amendment of its contract with the Public Employees Retirement
System to provide additional service credit options pursuant to
Government Code ~S20903 and 20903.5 for the Battalion Chief/Fire
Marshal (Fire Prevention Division) and the Battalion Chief
(Operations Division) positions shall be paid by the City of San
Ra~On.
8. ~attai±on chief Incremental Cost. · The city of San
.Ra~on shall reimburse the city of Dublin for the "incremental cost"
'incurred and pa~d by .the City of Dublin in ~ts contract with .the
county of Alameda for provision of f~re service (the "Dublin Fire
Contract'') for payment'.of compensation to Battalion Chief T.J.
Welch as follows: During the first five years of the Dublin Fire
Contract, 'San Ramon shall reimburse Dublin in the amount of 50% of
'the "incremental cost;" during the second five years of the Dublin
Fire Contract, San Ramon shall reimbur, se Dublin in the amount of
100% of the '.'incremental cost;~' and during the following five years
of the Dublin Fire Contract, Dublin shall be responsible for 100%
Of the "incremental cost." As used herein, the incremental cost"
shall mean 27% of T.J. Welch's total compensation .as a Battalion
Chief with the Alameda County Fire District until such time that
the Alameda County Fire District forms a third battalion or T.J.
5
Welch moves into another position other than the position he will
hold on July 1, 1997. San Ramon shall reimburse Dublin within 30
days of submission by Dublin of. an invoice for such costs.
9. Conflicts Between JEPA and Second Amendment~ In the
'event o~ any' conflict, express or implied, between this Second
Amendment and the JEPA, the ~rovisions of this Second Amendm'ent
shall prevail..
IN WITNESS WHEREOF, the parties have executedthis Second
Amendment On the dates indicated below.
CITY OF SAN RAMON'
Dated': By:
APPROVED AS TO FORM:
PATRICIA BOOM, Mayor
ATTEST:
· BOB SAX~, City Attorney
JUDY MACFARLANE, City Clerk
CITY OF DUBLIN
-Dated:
By:
GUY HOUSTON, Mayor
· APPROVED AS TO FORM:
ELIZABETH H. SILVER
city Attorney
ATTEST:
KAY KECK, city Clerk
ramon19.d~c/m:l
6
ALAMEDA COUNT .FIREFIGHTERS
414 - 13th Street, sUite' 300 Oakland, CA 94612 ·
INTERNATIONALASS'OCIATION OF FIRE FIGHTERS
April 27, 2001
Honorable CoUncil Members
City of Dublin
100 Civic Plaza
Dublin, CA 94680
LOCAL 55
RE: DRFA PERS (Safety) 3% ~ 50 Benefit
Dear Council Members:
The purpose of this correspondence is to follow-up my letter dated 04/19/01 referencing the
PERS 3% ~ 50 benefit for our deferred DRFA members. I hereby request that the City of
Dublin City Council place on their agenda and address, as soon as practicable, the
aforementioned topic.
It is of paramount importance that this issue is resolved as expeditiously as possible. Our former
DRFA members deserve retirement benefits that are consistent with their sister & brother
firefighters throughout our organization. Likewise, they will begin contributing 13.7% of their
salary in June to receive this benefit but would be unable to do so without action by the City
Councils of Dublin & San Ramon.
Your prompt attention in this matter would be greatly appreciated. If I can provide any further
information ancVor assistance please feel free to contact.me at (510) 914-6028
Sincerely,
Brian M McKenna, President
Alameda County Firefighters / IAFF Local #55
I:\BMCKENNAkFolIow-up Houston 3% (~ 50.doc
ATTACHMENT 3
ALAMED.A COUNTY FIREFIGHTERS
· 414'-13th Stree:tl Suite 30'0 ."oakland, CA'94612
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
L O C A'L 55
O]TY OF DUSL¢N
April 19, 2001
Honorable City Council Members
City of Dublin
100 Civic Plaza
Dublin, CA 94680
Dear Council Members
The Alameda County Fire Department (ACFD) has been working with the Dougherty Regional
Fire Au~ority (DFRA) Board of Directors to provide a change in the retirement benefits for
.those individuals who worked for DRFA and became memberS of the ACFD or the San Ramon
Valley Fire Protection District (SRVPD). The ACFD and the SRVPD have adopted the 3% 650
retirement benefit.
The firefighters, who have. a long history of serVing the Cities of Dublin and San Ramon, are
requesting that their retirement benefits be consistent with the retirement benefits of the
organizations into which they were consolidated when DRFA was dissolved. The Alameda
County Firefighters Local #55 believes that it is important for all of our members to have similar
benefits, and as such has requested the City of Dublin's assistance in securing this change in
benefits.
Timing of the establishment of the benefit 'is essential, so 'we would appreciate your earliest
attention to this matter. If I can provide any further information and/or assistance please feel free
'to contact me at (510) 914-6028
C:\temp\97WlcKennaHouston.doc
100 Civic Plaza, Dublin, California 94568
Website: http://www, ci,dubtin,ca, us
June 7, 2001
Honorable Mayor David E. Hudson
City of San Ramon
2222 Camino Ramon
San Ramon, California 94583
Re:
Request from Alameda County Firefighters/ IAFF Local No. 55 'to provide
retirement enhancement benefits (PERS 3% at 50) to former Dougherty Regional
Fire Authority Employees
Dear Mayor Hudson:
On June 5, 2001, the Dublin City Council received a request from the Alameda County
Firefighters/IAFF Local No. 55 to provide retirement enhancement benefits (3% at 50) to
former Dougherty Regional Fire Authority (DRFA) employees. The City's Agenda
Statement is enclosed for you review and covers this subject in greater detail. Also, Mr.
McKenna, President of IAFF Local No. 55 submitted a letter to the City Council on June
5 and I have included his letter herein.
The current DFRA Board of Directors, which Consists of the two city managers, was not
given authority to amend DRFA's contract with PERS to change the level of retirement
benefits. Such authority would be necessary in order for the Board of Directors to
consider amending the retirement benefits that the former DRFA employees will receive
from PERS due to their years of service with DRFA.
The existing Board's powers can be enlarged only by amendment of the DRFA Joint
Exercise of Powers Agreement (JEPA), which would have to be approved by a majority
of the Councils of the two cities. Such an amendment could provide the current Board
with the authority to amend the contract between DRFA and PERS if the Board
considered it prudent to do so, or could require an amendment of the PERS contract to
provide the enhanced retirement benefits that have been requested. The amendment to
the JEPA could also reconstitute the Board of Directors to include Councilmembers'from
each City or the full City Councils.
During the June 5, 2001, City Council Meeting the Dublin City Council approved a
motion to forward this letter to inquire about the City of San Ramon's interest in
discussing an amendment to the DRFA - JEPA.
Area Code (925) - .City Manager 833-6650 - City Council 833-6650 · Personnel 833-6605 ·
Finance 833-6640 · Public Works/Engineering 833-6630 · Parks & Community Services
Planning/Code Enforcement 833-6610 · Building Inspection 833-6620 · Fire PreveATTACHMENT
4
Printed on Recycled Paper
Honorable Mayor David E. Hudson
City of San Ramon
Page 2
In addition, and regardless of your interest, if any, in pursuing enhanced retirement
benefits for former DRFA employees, the.Dublin City Council is interested in having the
two Cities discuss terminating the DRFA contract with PERS to obtain any excess assets
that were overpaid by our respective Cities and dispersing those monies Proportionally
back to our agencies. The enclosed staff report goes in to more detail about the potential
amount of the excess assets and the.procedure for obtaining those assets.
The Dublin City Council is very interested in discussing this matter with your agency.
On behalf of our City Council, I am requesting that your agency place this item on its
next available Council Agenda for consideration and respond to us in writing with your
decision as to whether you would be interested in holding a joint City Council meeting to
discuss this matter.
Sincerely,
Gu~. Houston
Mayor
Enclosures:
Dublin City Council Report dated June 5, 2001 w/attachments
Letter from Brian McKenna, Local No. 55
CC:
Dublin City Council
Herb Moniz, City Manager, City of San Ramon
Richard C. Ambrose, City Manager
Libby Silver, City Attorney
William J. McCammon, Fire Chief, ACFD
Brian McKenna, President Alameda County Firefighters