The URL can be used to link to this page

Home My WebLink AboutORANGE COUNTY FIRE AUTHORITY (OCFA) JOINT POWERS AUTHORITY AGREEMENT (AMENDED)-3RD AMENDMENT - 2015N O 1� t vo A -2015 -131 THIRD AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY FIRE AUTHORITY This Third Amendment ( "Third Amendment ") to the Amended Joint Powers Authority Agreement is made and entered into by and between the following public entities (collectively referred to as "members "); Allso Viejo, Buena Park, Cypress, Dana Paint, 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 "), RECITALS 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 Johnt Powers Authority Agreement to form the Authority as of February 3, 1995 pursuant to the provisions of Articie 1, Chapter S, 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 for the methods of the provision of Fire Services, including the method of financing the provision of Fire Services; and WHEREAS, on September 23, 1999, the members entered into an amended Joint Powers Authority Agreement ( "1999 Amended Agreement') which superseder) all prior agreements between the members and is Incorporated herein by reference; and insmas,3 A- 2015 -131 THIRD AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY FIRE AUTHORITY This Third Amendment ( "Third Amendment ") to the Amended Joint Powers Authority Agreement is made 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 "). RECITALS 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 form 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 for the methods of the provision of Fire Services, including the method of financing the 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 reference; and 1 WHEREAS, on July 1, 2010, the members entered into a First Amendment to the Amended Joint Powers Agreement ( "First Amendment') which amended 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 II, Section 2 of the 1999 Amended Agreement shall be amended to read as follows: 2. Desianation 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. also appoins an a' Each Director and skomMe 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 17 may be reimbursed for reasonable expenses incurred in the conduct of the business of the Authority. 2. Article ll, Section 5 of the 1999 Amended Agreement shall be amended to read as follows: 5. Quorum; Votins. 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. fffective Date. This Third Amendment 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. 9 Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisor County of Orange, California NOTICE TO COUNTY OF ORANGE T GIVEN TO: County Executive Officer 10 Civic Center Plaza Santa Ana, CA 92701 APPROVED AS TO 0 Counsel COUNTY OF ORANGE, a political subdivision of the State of Califomi By: Chairman of its Bogd of Supervisors a (Signatures Continued on Page 51 EI The County of Orange considered the amendment on 07/21/15 and took a position of opposition. c _ � CITY OF A VIEJO Dated: I J �` c 7D By: J ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Aliso Viejo 12 Journey, Suite 100 Aliso Viejo, CA 92656 -5335 Phone: (949) 425 -2500 Fax: (949) 425 -3899 APPROVED AS TO FORM: By: City Attorney Dated: Mayor [Signatures Continued on Page 6] w CITY OF BUENA PARK Dated: ��7y /�y By: ATTEST: A� jf-p� I (A.2 It City Clerk 9N� �FdRNIP NOTICE TO CITY TO BE GIVEN TO: City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90620 Phone: (714) 562 -3500 Fax: (714) 562 -3599 APPROVED AS TO FORM: City Attorney Dated: Mayor [Signatures Continued on Page 7] I: Dated: `1 I ara- is- ATTEST: r APPROVED AS TO FORM: a CITY OF CYPRESS By:,....- Mayor dzl- Dated: ��._ Y l5 19 NOTICE TO CITY TO BE GIVEN TO: City Manager City of Cypress 5275 Orange Avenue Cypress, CA 90630 Phone: (714) 229 -6688 Fax: (714) 229 -6682 CITY OF DANA POINT Dated: By: ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Phone: (949) 248 -9890 Fax: (949) 248 -9920 APPROVED AS TO FORM: City Mayor , f [Signatures Continued on Page 9] 51 The City of Dana Point considered the amendment on 09/15/15 and took a position of opposition. Dated: ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Irvine One Civic Center Plaza Irvine, CA 92606 -5208 Phone: (949) 724 -6249 Fax: (949) 724 -6045 APPROVED AS TO FORM: CITY OF IRVINE f By: Mayor r Wnued on Page 10] IN The City of Irvine opted to not schedule the item for its consideration, since the amendment had already passed by the required number of votes, CITY OF LA PALMA ff Dated: July 7, 2015 By: Peter L. Kim Mayor ATTEST: Laurie A. Murray, CMC�- City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 Phone: (714) 690 -3333 Fax: (714) 523 -7351 AS TO FORM: City Attorney Dated: July 7, 2015 1097988.3 10 Dated: ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Hills 24035 El Toro Road Laguna Hills, CA 92653 Phone: (949) 707-2600 Fax: (949) 707 -2614 APPROVED AS TO FORM: City Attorney Dated: 1097989.3 11 CITY OF LAGUNA HILLS By: Ma or Dated: // _ ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, CA 92677 Phone: (949) 362 -4380 Fax: (949) 362 -4340 APPROVED AS TO FORM: m Datea: 0q1{.j f, CITY OF rn` Mayor [Signatures Continued on Page 93] 12 Dated: -2' 8' Cynthia S. Conners Mayor ATTEST: F 36, W Trippy NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Woods 24264 El Toro Road Laguna Woods, CA 92637 Phone: (949) 639-0500 Fax: (949) 639 -0591 APPROVED AS TO FORM: By: 96 --e)lb David B. Cosgrove City rA�ttorney Dated: G ' Y ` 16 1097988.3 13 Cl' Dated: 11. / Y • By ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Lake Forest 23161 Lake Center Drive, Suite 100 Lake Forest, CA 92630 Phone: (949) 461 -3400 Fax: (949) 461 -3511 APPROVED AS TO FORM: By: e C City Attorney Dated: $I /it/,,r- [Signatures Continued on Page 15] 14 Dated: ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 Phone: (562) 431 -3538 Fax: (562) 493 -1255 APPROVED AS TO FORM: 22 City Dated: CITY OF LOS ALAMITOS LIM Mayor [Signatures Continued on Page 96] 15 While scheduled for consideration at its 07/21/15 meeting, the City of Los Alamitos took no action on this amendment. Dated: V p`Z_vz a c ATTEST: Karen Ham an, City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Mission Viejo 25909 Pala, Suite 150 Mission Viejo, CA 92691 Phone: (949) 470 -3000 Fax: (949) 859 -1386 APPROVED AS TO FORM: xr`'�� William P. Curley, City Attorney CITY OF MISSION VIEJO By: Cathy Schlicht, Mayor Dated: /`s p4Ol5 [Signatures Continued on Page 17] 16 Dated: 0-7lC711 S 757 FYI. NOTICE TO CITY TO BE GIVEN TO: Acting City Administrator City of Placentia 401 E. Chapman Placentia, CA 92870 Phone: (714) 993 -8117 Fax:' (714) 961 -0283 APPROVED AS TO FORM: f i Andrew V. Arczynsk� City Attorney Dated: fii7 CITY OF PLACENTI By: had P. Wanke Mayor Dated: 6T t7 020 �S ATTEST: Amy z City C rk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688 Phone: (949) 635 -1800 Fax: (949) 635 -1840 TU :• -a : * l:u' Woodruff, Spradlin & Smart By: Greg Simopfafi City Attorney Dated: 8 i A0) E NTA MARGARITA 1 A irr [Signatures Continued on Page 19] IN Dated: 7' -) - 1-5'� ATTEST: NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 Phone: (949) 361 -8322 Fax: (949) 361 -8283 APPROVED AS TO FORM: By: � City Attorney Dated: 4 2� ►� 19 CITY OF SAN CLEMEN � By: Mayor G/TY THIRD AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY FIRE AUTHORITY NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Phone: (949) 443 -6315 Fax: (949) 493 -1053 APPROVED AS TO FORM: City Attorney Dated: oG /0 Z()/\ CITY OF—sAN JUAN Z)A� Mayor (Signatures Continued on Page 211 20 Dated: AUG 19215 ATTEST: eVn� Maria D. Huizar Clerk of the Counbfl NOTICE TO CITY TO BE GIVEN TO: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Phone: (714) 647 -5200 Fax: (714) 647 -6956 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:L 61ohn M. Funk Assistant City Attorney Dated: 7 -- Z — Is CITY OF SANTA ANA By'_ !�:L � David Cavazos City Manager [Signatures Continued on Page 221 21 Dated: * i a 0 l �-0 I S ATTEST: CITY OF SEAL BEACH By: 7 Mayor City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Seal Beach 211 8`h Street Seal Beach, CA 90740 Phone: (562) 431 -2527 Fax: (562) 431=496f APPROVED AS TO City Attorney Dated: U /- � 413°'[051" [Signatures Continued on Page 231 I�� Dated: d z &1 oss NOTICE TO CITY TO BE GIVEN TO: City Manager City of Stanton 7800 Katella Avenue Stanton, CA 90680 Phone: (714) 379 -9222 Fax: (714) 890 -1443 APPROVED AS TO FORM: City Attorney Dated: d;;-&/ 4r CITY OF STANTON Mayor [Signatures Continued on Page 24] 23 CITY OF TUST Dated: :7L'S" By: Charles E. Puckett Mayor ATTEST: C Parker NOTICE TO CITY TO BE GIVEN TO: City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Phone: (714) 544 -8890 Fax: (714) 832 -0825 APPROVED AS TO FORM: By' David E. Kendig City Attorney Dated:' /7 (Signatures Continued on Page 251 a] CITY OF VILLA PARK Dated: �0 5' Diana C. Fas enelli Mayor ATTEST: Jarad L. Hildenbran City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Villa Park 17855 Santiago Blvd. Villa Park, CA 92861 Phone: (714) 998 -1500 Fax: (714) 998 -1508 APPROVED AS TO FORM: By: t+ Todd 0. L ifin City Attorney Dated: `'j - ?'t ; l '5 [Signatures Continued on Page 26] 25 CITY OF WESTMINSTER Dated: ul2 t J� By: l� % City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Phone: (714) 898 -3311 Fax: (714) 373 -4684 APPROVED AS TO FORM: [Signatures Continued on Page 27] 26 Dated: 1 0 / 5 / (5 ATTEST: QAACL City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92885 -8714 Phone: (714) 961 -7100 Fax: (714) 993 -7530 APPROVED AS TO FORM: By: City Attorney Dated: 27 CITY OF YORBA LINDA By: Mayor