HomeMy WebLinkAboutReso 175-01 DRFA JPA Amend RESOLUTION NO. 175 - 01
A RESOLUTION OF THE CITY COUNCIL
OF ~ CITY OF DUBLIN
AMENDING JOINT EXERCISE OF POWERS AGREEMENT/
DOUGHERTY REGIONAL FIRE AUTHORITY
WHEREAS, by Resolution No. 88-15, the City Council approved the "Joint Exercise of Powers
AgreememJDougherty Regional Fire Authority," which was subsequently executed by the Mayor;
WHEREAS, the "Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority" can he
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 City Councils of the Cities of Dublin and San Ramon approved the "First
Amendment to Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority," effective
December 15, 1988; and
WHEREAS, the City Coundls of the Cities of Dublin and San Ramon approved the "Second
Amendment to Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority," effective
June 17, 1997; and
WHEREAS, the City Manager has presented to the City Council and has recommended approval of
the "Third Amendment to Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority," a
copy of which is attached hereto as Exhib, it,&; and
WttEREAS, the Council is familiar with the contents of Exhibit A;
NOW, THEREFORE, Dublin City Council does hereby approve the "Third Amendment to
Dougherty Regional Fire Authority Joint Exercise of Powers Agreement" and authorizes the Mayor to
execute said Amendmem.
PASSED, APPROVED AND ADOPTED this 2~a day of October, 2001,
AYES: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: c-~
K2/O/10-2-01/reso.dl~d~ (Item 8. t)
Mayor
THIRD AMENDMENT TO DOUGHERTY REGIONAL FIRE
AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT is entered into between the City of Dublin and the City of San
Ramon, being the Member Agencies signatory to the Joint Exercise of Powers Agreement /
Dougherty Regional Fire Authority ("JEPA").
The JEPA was amended by the First Amendment, made in December 1.988, and the
Second Amendment, made in 1997.
IT IS HEREBY AGREED between the City of Dublin and the City of San Ramon that
the JEPA, as amended by the First Amendment and the Second Amendment, shall be further
amended as follows:
1. Section 1.16 of the JEPA is amended as follows:
"Quorum. 'Quorum' means of a majority of the Board of Directors, but in
no case less than three persons frOm each Member Agency necessary to
conduct business."
2. Section 2.7 of tee JEPA is amended as follows:
"Section 2.7 Governing Board. The Authority shall be administered by a
Board of Directors consisting often (10) members. Five (5) members
shall be councilmembers of the City of Dublin and five (5) members shall
be councilmembers of the City of San Ramon. The Board of Directors
shall be called the 'Board of Directors of the Dougherty Regional Fire
Authority..' All voting power of the Authority shall reside with the Board
. of Directors. Each director shall cease to be a member of the Board of
Directors when such member ceases to hold office as a councilmember.
Members shall receive reimbursement for reasonable and necessary
expenses incurred in performance with their duties, as provided in the By
Laws."
3. Section 2.8 of the JEPA is amended as follows:
"Regular Meetings. The Board of Directors shall meet at least annually at a date,
time and place fixed by resolution of the Board of Directors."
4. Section 2.9 of the JEPA shall be amended as follows:
Third Amendment to Dougherty Regional Fire
Authority Joint Exercise of Powers Agreement
Page 1 of 3
September 12, 2001
,EXHIBIT A
"Required Votes; approvals. The affh'rnative votes of at least three (3)
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."
5. Section 3.6 of the JEPA shall be amended as follows:
"Management. 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 by the Chief Executive Office 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 so that the Chief Executive Officer is from the same
Agency as the Chairperson of the Board. Unless otherwise required by
statute, the Management Committee shall have the power, on behalf of the
Board of Directors, to take the actions specified in Section 4 of the Second
Amendment. The Management Committee shall have the power to
employ consultants, if necessary, to assist it in taking the actions specified
in Section 4 of the Second Amendment."
6. Sections 3.1. (Goveming Board) and 3.2 (Officers) of the Second Amendment to
Joint Exercise of Powers Agreement / Dougherty Regional Fire Authority are hereby deleted.
7. The following language shall be added to Section 4 of the Second Amendment to
the J-EPA:
"4.7 To amend the Authority's agreement with the Public Employees
Retirement System to enhance the level of benefits provided.
4.8 To terminate the Auth0rity's agreement with the Public Employees
Retirement System."
This third amendment will be effective on the date signed by both agencies.
Third Amendment to Dougherty Regional Fire
Authority Joint Exercise of Powers Agreement
Page 2 of 3
September 12, 2001
IN WITNESS WHEREOF, the parties have executed this Third Amendment On the dates
indicated below.
CITY OF SAN RAMON
Dated: By:
Attest:
DAVID E. HUDSON, Mayor
Judy Macfarlane, City Clerk
Approved as to form:
Thomas Curry, City Attorney
Attest:
Approved as to. form:
Elizabeth H. Silver, City Attorney
CITY OF DUBLIN
"' (J~}UY HOUSTON, Mayor
Third Amendment to Dougherty Regional Fire
Authority Joint Exercise of Powers Agreement
Page 3 of 3
September 12, 2001