Loading...
HomeMy WebLinkAboutItem 5.1 AmendDRFA By-laws (2) ... . .. . " CITY CLERK File # Dl33~[Q]-[?2][Q] ~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 11, 1996 SUBJECT: Correspondence from the City of San Ramon Requesting an Amendment to the Dougherty Regional Fire Authority (DRF A) By- Laws Allowing a Modification to the Termination Provisions (Report Prepared by: Lou Ann Riera. Texeira, Assistant to the City Manager) EXHIBITS ATTACHED: 1. Letter Dated May 31, 1996, from Curt Kinney, Mayor of the City of San Ramon 2. Resolution Amending Joint Exercise of Powers Agreement RECOMMENDATION: 0Y Consider the City of San Ramon's request to amend the DRF A Joint Exercise of Powers Agreement. Consider adopting the attached resolution amending the Agreement to allow for notice of termination to be given at any time prior to September 30, 1996. Such an amendment would continue to require a minimum of 12 months written notice of termination. FINANCIAL STATEMENT: No fmancial impact. DESCRIPTION: The cities of Dublin and San Ramon are parties to a joint powers agreement for the provision of fire prevention and suppression services which forms the Dougherty Regional Fire Authority (DRF A). The Authority currently serves all of the City of Dublin and the southern half of San Ramon. The northern half of San Ramon is curtently served by a separate fire district: San Ramon Valley Fire Protection District (SRVFPD). In February of 1996, the City of San Ramon received a written proposal from the San Ramon Valley Fire Protection District to provide fire protection services to the southern part of San Ramon. Following receipt of this proposal, the City of San Ramon formed a Public Safety Committee. The Committee is charged with reviewing the proposal received from SR VFPD and with identifying other alternatives to the provision of fire protection services. The San Ramon Public Safety Committee has met regularly over the past several months. To date, the Committee has narrowed the service options to four, one of which is the proposal from SRVFPD. The Committee has indicated a need for additional time to explore the remaining options before presenting a recommendation to the San Ramon City Council. As indicated in the attached letter from Mayor Kinney, ------------------------------------------------------------------- COPIES TO: . ITEM NO. $.L HJcc:-forms/firej pa.doc: the City of San Ramon is requesting an amendment to the current joint powers agreement, to provide for additional time to consider fire service options. ~. .. ... Pursuant to Article VIII, Section 8.2 of the Joint Exercise of Powers Agreement, termination of the agreement "shall not under any circwnstances become effective until June 30, next succeedinw . minimum of twelve (12) months following the giving of written notice of termination by City Co~' resolution to the other member agency's City Manager." In response to the City of San Ramon's request, the Dublin City Council may wish to consider amending the joint exercise of powers agreement to allow for notice of tennination to be given at any time prior to September 30, 1996. All other provisions of the agreement shall remain in tact, including the minimum 12-month notice requirement. This additional time will also provide the City of Dublin an opportunity to explore its own fire services options. If the City Council wishes to grant this extension, then it is recommended that the Council adopt the attached resolution amending the Joint Exercise of Powers Agreement. .;.... ." . ....'.. I . _ . . . . . H.... C- r...... r- ' \ ..' !... C..c I /r-O ,. - ; \! C' ,_iUN .. 7996 CITY i....:. i 'u' ,";, 'N . !...I DLI CITY OF SAN RAMON May 31, 1996 2212 (~Vd"O RAMO' r.o BOX Sl48 SA" RA'IO'. (Ai.lfOR"'A Q4SS3 :SIO, 27;.2200 F.AX. iSIO. 866-1430 ~lr. Guy Houston, ~la\'or City of Dublin Post Office Box 2340 Dublin, California 94568 Dear Mayor Houston: ~\S you are av.'are, the City Council of the City of San Ramon has been presented a proposal for fire services by the San Ramon Valley Fire Protection District. . In this regard, a Public Safety Advisory Committee has been appointed by the Council with the specific charge of considering the desirability and feasibility of a single fire service provider for the City of San Ramon. The District's proposal was presented to the Committee for consideration as one of the alternatives available to the City. At the City Council meeting of Tuesday, May 28, 1996, the Committee advised the Council that they had narrowed the options under consideration down to four, one of which is the proposal from San Ramon Valley Fire Protection District. The Committee has indicated it is in need of additional time to explore the remaining options before it is able to bring forward a recommendation to the Council. After hearing the Committee's preliminary report the Council voted unanimously to seek additional time for consideration of the remaining options. I <:.m, therefore, requesting that the City of Dublin either consider amending the Dougherty Regional Fire Authority Joint Powers Agreement by-laws to allow a shortened notification period for termination of the JP A or to waive the one year notice requirement. The Committee believes that a recommendation can be made to the Council, so that action could be taken by October I, 1996. If you are in need of additional information on this request, please feel free to call me. Thank you again for your anticipated cooperation in this matter. . Sincerely, ~.' :"~'_'I'/~ ',iJ{.?-I"~ ,1 '. .. , ," '\' " - Lurl Kinney,,) '\layor City of San Ramon cc: Dougherty Regional Fire Authority ~-:: "counClJ\o.u.bl1n -'::7'- :Ol.',...;IL: 27E..2330 C:"!"'! M~N....GER.. 275-2))0 :'i'- ;::"fRK. 27'5.2350 ADM'NISTRATIVE SERVICES: 2?,-n23 PUBLIC SERVICES: 275.22GO TRANSPORTATION: 275.22)0 POllCL 27S.2nO p^k~S & COMMUNliY SERVICES; 275~2290 COMMUNITY CENTtR: 27,.2)00 ~rNlOR CENTER.: Z75-2316 ENGINEERING: 27,.nSO PLANNINC: 275.1:210 aUILOING INSPECTION: 27,.2220 RWEVELOPMENT: 27S.n80 ... ..... .......... vV' "I \J .l.....,. L... ~ 11\.-I\.-nv,IlIIVl..,I\IUnvl\0101LV, rH^ J~U, ::llU j::ll qq1)j RESOLUTION NO. ~ 96 A RESOLUTION OF THE CITY OF DUBLIN *"'''' "''''......**'''''' "''''* A RESOLUTION AMENDING JOINT EXERCISE OF POWERS AGREEMENT! DOUGHERTY REGIONAL FIRE AUTHORITY vVHEREAS, by Resolution No. 88-15, t.he City Council approved the "Joint Exercise of Powers AgreementIDougheny Regional Fire AuthOrity," which was subsequently executed by the Mayor; WHEREAS, the I'Joint Exercise of Powers Agreement/Doughtrt)' Regional Fire Authority" can be amended, as proVided in Section 9.4 of said Agreement upon, approval of the City Councils of the Cities of Dublin and San Ramon; and WHEREAS, the CiLY COW1Cils of lhe Cilles of Dublin and San Ramon approved the "First Amendment to Joint Exercise of Powerf: Agre.e.me.nt/Dougherty Regional Fire Authority," effective December 15, 1988; WHEREAS, the City Manager has presented to the Counal and has rec.ommended approval of the. "Second Amendment to Joint Exercise of Powers AgreementIDoughert)' Regional Fire Authority," a copy of which is attached hereto as Exhibit A:, and vVHEREAS, the Council is familiar with the contents of Exhibit A:. p, u~/U( ."" e e. e. . . JUN-06-96 THU 15:22 MEYERSINAVtl~jHACK&~jLV, r H.>\ NU. 01 U j:J 1 4401 r. U;J/ U r . . NOVv. THEREFORE, Dublin City Council does hereby approvc the "Second Amendment to Joint Exercise of PO'\'vers AgreememlDougheny Regional Fire Authority" and authorizes the Mayor to execute said .Amendment. PASSED, APPROVED.AND ADOPTED this _th day of ,1996. AYES: NOES: ABSENT: Mayor .- J:\ WPD\I\1NRS\V\I I4\RESOL\2NDAMDJT.66 ArrEST; City Clerk .- vun"uu-ou Inu 1;).'::::') ntTtK~INHVt,KJ~H~~&~JLV. I'HX NU. blU obI 44tH SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT/ DOUGHERTY REGIONAL FIRE AUTHORITY THIS AGREEMENT is entered into between the City of Dublin and the City of San Ramon, being !he Member Agencies signatory to the Joint Exercise of Powers AgreemenVlJougherty Regional Fire Authority ("Agreement"). THIS SECOND AMENDMENT to the Agreement i~ entered into as of the date of approval by the City of Dublin or the City of San Ramon, whichever occurs later. IT IS HEREBY AGREED between the City of Dublin lUld the City ofSM. fuunon that the: Agrec:m~nt shall be amended as follows: I. Delete Section 8.2 Effective nates of Termination. 2. Add new Section 8.2. to read as follows: IISection 8.2 Effective Dates of Termination. Such terminatioo shall not under any circwnstances become effective tUltil June 30, neh1 succeeding a minimum of twelve (12) months following the giving of written notice of . termination by City Conncil resolution to the other Mt;mber Agency's City Manager. NotwiThstanding the foreKotng sentence, such Termination shall become effecrtve on lhe first day of the: calendar month which begins fivelve (12) months/ollowing the giving of written notice aftermination hy City Cnunr.il rp...':Olutio1'Z to the othe.r Me.mber Agencyls City Manager if such 110t1Ct2 a/terminatiDn i~ rntHlr\led no latt2r than September 30, 1996. /I EXCDPT AS EXPRTISSL Y AMENDED herein and in the First Amendment to Joint Exercise of Powers Agreement, the Agreemenl shall remain in full force and effect. p, 06/07 -" . . .-" JUN-06-96 THU 15:24 MEYERS,NAVE,RIBACK&SILV. FAX NO. 510 351 4481 P. U (/u ( . IN VtJ1Th"ESS WHERHOF, the Parties hereto have caused this First Amendment to Agreement to be executed and attested hy their proper officers thereupon duly authorized and their officlal seals to be hereto affixed on the dates as shown herein. Dated: Mayor, City of Dublin ATTEST: City Clerk, City of Dublin APPROVED AS TO FORM: City Attorney, City of Dublin . Dated: Mayor, City of San Ramon ATTEST: City Clerk, City of San Ramon APPROVED AS TO FORM: City Attorney, City of San Ramon J:\Wf'D\MNKSW\114\ACiR.EEUNDAMDJT.66 .