HomeMy WebLinkAbout13 THIRD AMENDMENT TO ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AUTHORITY AGREEMENTAGENDA
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Summary
JULY 7, 2015
Agenda Item 13
Reviewed:
City Manager
Finance Director *NIA
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
JEFFREY C. PARKER, CITY MANAGER
THIRD AMENDMENT TO ORANGE COUNTY FIRE AUTHORITY
JOINT POWERS AUTHORITY AGREEMENT
This agenda item is submitted to request approval of the Orange County Fire Authority's
Third Amendment to the Amended Joint Powers Authority Agreement to eliminate
alternate directors.
Recommendation
That the City Council adopt Resolution No. 15-39 approving the Third Amendment to
the Amended Orange County Fire Authority JPA Agreement and authorize the Mayor to
execute the Amendment.
Background
The Orange County Fire Authority (OCFA) was formed in 1995 to provide regional fire
protection and related services to the County of Orange and 18 member cities.
Subsequent to formation, 6 additional cities have become members of the OCFA. The
original JPA agreement was amended on September 23, 1999, and renewed in 2010 by
the First Amendment, which provided for a term that runs through 2030. In 2013,
OCFA's members approved a Second Amendment to the Amended JPA which
amended several provisions to promote financing equity among the members.
Purpose of the Third Amendment
Since formation of the OCFA in 1995, the JPA Agreement has provided for each
member agency to have representation on the Board of Directors. This provision was
key to the formation of the OCFA, as discussed in an early feasibility study in 1991
regarding the formation of a regional Orange County Fire agency, which stated:
"Provide equal agency representation on a governing board, regardless of
participant size, to address cost, expenditure, equity, and service level issues."
Agenda Report
July 7, 2015
Page 2
In addition to providing for each member agency to appoint a representative to act as its
Director on the OCFA Board, the JPA Agreement also provides for each member
agency to appoint an alternate to act in each Director's absence.
In discussing AB1217 (Daly), which would reduce member agency representation on
the OCFA Board, a majority of the Board concluded that representation of every
member agency on the Board remains critically important; however, a majority of the
Board also concluded that the provision for alternate Directors could be eliminated.
OCFA's primary Directors have a long history of good attendance at Board meetings.
When a Director is occasionally unable to attend, they rarely request their alternate to
attend on their behalf since the alternate may be less informed on the complex or
sensitive topics for consideration.
As a result of this dialogue, the OCFA Board of Directors directed its General Counsel
to (1) draft a proposed amendment to the JPA Agreement which would eliminate
alternate directors, and (2) after OCFA Board approval of the form of the amendment,
submit the proposed amendment to the governing bodies of OCFA's member agencies
for actual approval. Per this direction, OCFA's General Counsel drafted the Third
Amendment, amending Article II, Sections 2 and 5 of the 1999 Amended JPA
Agreement. At a Special Meeting on July 1, 2015, the OCFA Board of Directors voted
17-3 to approve the form of the amendment and circulate to the member agencies for
approval. (Attachment).
In order to become effective, the Third Amendment must be approved by at least two-
thirds (e.g., 16 of 24) of the member agencies' governing bodies. Staff is requesting the
City Council to approve the Third Amendment.
Attachments
1. Resolution No. 15-39
2. Third Amendment to Amended Joint Powers Authority Agreement.
RESOLUTION NO. 15-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
15-39, CALIFORNIA, APPROVING THE THIRD
AMENDMENT TO THE ORANGE COUNTY FIRE
AUTHORITY AMENDED JOINT POWERS AUTHORITY
AGREEMENT, AND AUTHORIZING ITS EXECUTION
THE CITY COUNCIL OF THE CITY OF TUSTIN FINDS THAT:
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;
WHEREAS the original JPA agreement was amended by an "Amended Joint
Powers Authority Agreement" ("Amended JPA Agreement") on September 23, 1999,
and the Amended JPA Agreement was subsequently amended;
WHEREAS, the City of Tustin is a member of the OCFA and is represented on
the OCFA Board by a Director selected by the Tustin City Council.
WHEREAS, in addition to appointing a Director on the OCFA Board, the
Amended JPA Agreement provides for each member to appoint an alternate to act in
the Director's absence;
WHEREAS, the OCFA Board has requested that the City Council consider the
attached "Third Amendment to Amended Joint Powers Authority Agreement" to
eliminate alternate Board members;
WHEREAS, when a Director is occasionally unable to attend, they rarely request
their alternate to attend on their behalf since the alternate may be less informed on the
complex or sensitive topics for Board consideration;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin approves and authorizes the execution of the "Third Amendment to Amended
Joint Powers Authority Agreement" by the Mayor.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 7t" day of July, 2015.
CHARLES E. PUCKETT,
Mayor
Resolution No. 15-39
Page 1 of 2
ATTEST:
JEFFREY C. PARKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 15-39 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of
July 2015, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution No. 15-39
Page 2 of 2
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
1097988.3
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 11, Section 2 of the 1999 Amended Agreement shall be amended to read as
follows:
2. Designation 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.
Each Director . a., at@foa+@ 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
1097988.3
may be reimbursed for reasonable expenses incurred in the conduct of the
business of the Authority.
2. Article 11, Section 5 of the 1999 Amended Agreement shall be amended to read as
follows:
S. Quorum; 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. Effective 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.
1097988.3