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HomeMy WebLinkAbout2015-035 - Approving the Third Amendment to the Orange County Fire AuthorityRESOLUTION NO. 2015 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE THIRD AMENDMENT TO THE ORANGE COUNTY FIRE AUTHORITY AMENDED JOINT POWERS AUTHORITY AGREEMENT, AND AUTHORIZING ITS EXECUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: WHEREAS, the Orange County Fire Authority (OCFA) is a California Joint Powers Authority that was formed in 1995 to provide regional fire protection and related services to the County of Orange and its member cities; and WHEREAS, the original Joint Powers Authority Agreement was amended by an "Amended Joint Powers Authority Agreement" ( "Amended JPA Agreement ") on September 23, 1999, and the Amended JPA Agreement was further amended twice, in 2010 and 2013; and WHEREAS, the City of Santa Ana is a member of the OCFA and is represented on the OCFA Board of Directors by a Director selected by the City Council; and WHEREAS, in addition to appointing a Director on the OCFA Board, the Amended JPA Agreement provides for each member to appoint an alternate director to act in the Director's absence; and WHEREAS, after evaluating the continued need for alternate directors, the OCFA Board has approved the attached "Third Amendment to Amended Joint Powers Authority Agreement ", by which alternate directors would be eliminated, and requested that the governing bodies of OCFA's member agencies, including the City Council of the City of Santa Ana, consider and approve such amendment as attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Ana does hereby: 1. Approve the "Third Amendment to Amended Joint Powers Authority Agreement" as proposed by the OCFA, and 2. Authorize the City Manager and Clerk of the Council to execute the "Third Amendment to Amended Joint Powers Authority Agreement ". Resolution No. 2015 -035 Page 1 of 5 ADOPTED this 7" day of July, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: &rc /fy. J n M. Funk Assistant City Attorney AYES: Councilmembers: Amezcua, Benavides Martinez, Pulido, Sarmiento Tinalero (6) NOES: Councilmembers: ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Reyna (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -035 to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2015. Date: %< Resolution No. 2015 -035 Page 2 of 5 Clerk of the Council City of Santa Ana THIRD AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY PIRG AUTHORITY This Third Amendment ( "Third Amendment ") to 'the Amended Joint Powers Authority Agreement Is rnade and entered into by and between the following public entities (collectively referred to as "members "); Aliso Viejo, Buena Park, Cypress, Dana point, Irvine, La Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa ,Park, Westminster, and Yorba Linda (collectively referred to as "Cities" and Individually as "City ") and the County of Orange (referred to as the "County "), each of whom is a member of the Joint Powers Authority, Orange County Fire Authority ( "the Authority "). EQrA 5 WHEREAS, the Authority presently provides fire protection, prevention and suppression services and related and Incidental services (collectively, "Fire Services ") to Cities as well as to the unincorporated area of the County and State Responsibility Areas ( "SRA" ); and WHEREAS, the County and several of the Cities entered into a Joint Powers Authority Agreement to farm the Authority as of February 3, 1995 pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of California ( "Joint Powers Statutes "); and WHEREAS, pursuant to the Joint Powers Statutes the members are authorized to jointly provide forthe methods of the provision of Fire Services, including the method of financing tyro provision of Fire Services; and WHEREAS, on September 23, 1999,the members entered into an amended Joint Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior agreements between the members and Is Incorporated herein by referonco; and 10979883 Resolution No. 2015 -035 Page 3 of 5 WHEREAS, on July 1, 2010, the members entered into a First Amendment to the Amended Joint Powers Agreement ( "First Amendment ") which amender) several provisions of the 1999 Amended Agreement; and WHEREAS, on April 20, 2012, the City of Santa Ana joined the Authority and became a party to the 1999 Amended Agreement and the First Amendment; and WHEREAS, on November 18, 2013, the members entered into the Second Amendment to the Amended Joint Powers Agreement ( "Second Amendment") which amended several provisions of the 1999 Amended Agreement. Litigation has been filed by the County challenging the validity of the Second Amendment, and the litigation remains unresolved as of the date of this Third Amendment; WHEREAS, the parties wish to adopt this Third Amendment to eliminate alternative Board directors; NOW THEREFORE, the members agree to amend the 1999 Amended Agreement as follows: AGREEMENT 1. Article 11, Section 2 of the 1999 Amended Agreement shall be amended to read as follows: 2. D!eslgnation_ of Directors. Each member by resolution of Its governing body shall designate and appoint one representative to act as its Director on the Authority Board of Directors (the "Board "), except the County whose Board of Supervisors shall appoint two representatives to act as Its Directors. Each representative shall be a current elected member of the governing body. Each Director shall hold office until the selection of a successor by the appointing body. 0 019 k. wsl Each Director shall serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body. Any vacancy shall be filled in the same manner as the original appointment of a Director With approval of the Board, a Director 1097986.1 Resolution No. 2015 -035 Page 4 of 5 may be reimbursed for reasonable expenses incurred in the conduct of the buslness of the Authority, 2. Article it, Section S of the 1999 Amended Agreement shall be amended to read as follows: 5. uorum: Voting, A majority of the Directors shall constitute a quorum for the purpose of the transaction of business relating to the Authority. Each Director shall be entitled to one vote. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Authority. 3. E ective Date. This Third Amendrnent requires the approval of at least two thirds of the members to go Into effect, and it shall be effective on the date of approval by a sixteenth member. APPROVED AS TO CORM; Sonia R, Carvalho, City Attorney By, _ mw ..w- J M. Funk A sistant City Attorney 1097988.3 Resolution No, 2015 -035 Page 5 of 5