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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 21, 2014 <br />TITLE: <br />RESOLUTION MAKING FINDINGS <br />RELATED TO APPROVAL OF THE <br />SECOND AMENDMENT TO ORANGE <br />COUNTY FIRE AUTHORITY (OCFA) <br />JOINT POWERS AUTHORITY <br />AGREEMENT - <br />(STRATEGIC PLAN NO. 6, 1 B) <br />ITY M GER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />_ 006 _ t: <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1s' Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution on the recommendation to make findings related to the approval of the <br />Second Amendment to the Orange County Fire Authority (OCFA) Joint Powers Authority <br />Agreement. <br />In March 2012, in response to concerns raised by the City of Irvine, the OCFA Board of Directors <br />took action to form an Ad Hoc Committee for the purpose of studying equity. For OCFA, the <br />equity issue refers to the extent to which the revenue received from a member agency bears a <br />reasonable relationship to the cost of services that a member receives. <br />Following 18 months of deliberations, an amendment to the Joint Powers Authority was prepared <br />and approved by 20 of OCFA's 24 member agencies. Three member cities rejected the <br />Amendment, and one member agency (County of Orange) did not consider approval of the <br />Amendment. To become effective, the Amendment was only required to be approved by 2/3 <br />(16) of OCFA's individual member agencies, which was achieved on November 18, 2013. <br />The City Council approved the Second Amendment to the Amended Orange County Fire <br />Authority Joint Powers Agreement on November 18, 2013 and was executed on February 10, <br />2014. <br />The OCFA Board of Directors authorized their General Counsel to commence a validation action <br />in the Orange County Superior Court to obtain a judicial declaration of the validity of the "Second <br />Amendment to the Amended JPA" once the amendment had been approved by 2/3 of OCFA's <br />member agencies. Per that authorization, the OCFA and the City of Irvine jointly filed a Petition <br />seeking validation of the Second Amendment on December 19, 2013. <br />On January 28, 2014, the Orange County Board of Supervisors voted 4 -to -1, with Supervisor <br />Spitzer opposed, to file a formal response in opposition to the validation action. After hearing the <br />55GG -1 <br />