Laserfiche WebLink
In addition to approving the above terms in the form of the Second Amendment, the OCFA Board <br />of Directors approved two additional actions at its September 26, 2013 meeting: <br />Direct staff to pursue the delivery of in -kind services for agencies impacted by the five- <br />year phase -in. <br />2. Authorize staff and General Counsel to commence a validation in the Orange County <br />Superior Court to obtain a judicial declaration of the validity of the Second Amendment. <br />These actions will be pursued following approval of the Second Amendment by OCFA's <br />individual member agencies, which is required by two- thirds of the members in order to become <br />effective (16 of OCFA's 24 member agencies). <br />Validation Action <br />The concept to pursue a validation action resulted from a recommendation made by the OCFA's <br />City Managers. The court validation process would determine the validity of using unrestricted <br />revenue sources in the OCFA's budget for issuance of equity payments back to member <br />agencies; and if the JPA amendment is determined to be valid, future challenges to the legality of <br />the amendment would be precluded. <br />OCFA's General Counsel has advised that the appropriate time for submittal of this request to the <br />court is after the Second Amendment to the Amended JPA becomes an enforceable contract, <br />which is upon approval by 2/3 of OCFA's individual member agencies. In addition, OCFA's <br />General Counsel indicated that member agencies may authorize their City Attorney to join in <br />supporting the OCFA's validation action, if desired. <br />Summary <br />There are numerous benefits to be achieved with this proposed equity solution: <br />• Keeps all OCFA members together <br />• Provides long -term organizational stability <br />• Addresses the equity concerns presented by the City of Irvine <br />• Achieves financial feasibility within OCFA's financial framework <br />• Protects Structural Fire Fund and Cash Contract members not eligible under the formula <br />from financial impacts <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />25E -3 <br />