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Home My WebLink About2019-009 - Approving the Fourth Amendment to the Orange County Fire Authorityjmf 1/30/19 RESOLUTION NO. 2019-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE FOURTH AMENDMENT TO THE ORANGE COUNTY FIRE AUTHORITY AMENDED JOINT POWERS AUTHORITY AGREEMENT AND AUTHORIZING EXECUTION THEREOF 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services to the County of Orange and its member cities; and WHEREAS, the original Joint Powers Authority Agreement was superseded by an "Amended Joint Powers Authority Agreement" ("Amended JPA Agreement") entered into by the member cities on September 23, 1999; and WHEREAS, the Amended JPA Agreement has been further amended three times, in 2010, 2013, and 2015; and WHEREAS, a final court judgment subsequently invalidated the Second Amendment, so the Second Amendment became, and remains, inoperative; and WHEREAS, the City of Santa Ana became a member of the OCFA in 2012, is a party to the Amended JPA Agreement and all prior amendments thereto, and is represented on the OCFA Board of Directors by a Director selected by the City Council; and WHEREAS, the OCFA Board has approved the attached "Fourth Amendment to Amended Joint Powers Authority Agreement" to formalize OCFA's commitment to its "snowball" accelerated pension liability paydown plan, and has 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 "Fourth Amendment to Amended Joint Powers Authority Agreement" as proposed by the OCFA and attached herein, and 2. Authorize the City Manager and Clerk of the Council to execute the "Fourth Amendment to Amended Joint Powers Authority Agreement". Resolution No. 2019-009 Page 1 of 6 ADOPTED this 5th day of February, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: QZ& $v- JohbIM. Funk Assistant City Attorney AYES: Councilmembers Iglesias Penaloza Pulido Sarmiento, Solorio, Villeoas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Reyna (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- 009 to be the original resolution adopted by the City Council of the City of Santa Ana on February 5, 2019. Date: `�°`� (icy ��ie Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution No. 2019-009 Page 2 of 6 FOURT, H AMENDMENT TO AMENDED JOINT POWERS AUT14ORITY AGREEMENT This Fourth Amendment ('Fourth Amendment") to the Amended Joint Powers Authority Agreement Is rnarie and entered Into by and between the following public entities (oollectively referred to as "nrernbeW): A[iso Viejo, Buena hark, Cypress, [lana Point, Irvine, La, Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, .Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan a,pistrrino, Santa Ana® Serif Beach, Stanton, Tustin, Villa Park, Westminster, .and Yoft Linda (collectively referred to as "Cities" and individually as " lty"') and the County of Orange (referred to as the OCounty"), each of whom Is a member of the Joint Pers Authority, Orange County Fire Authority ("the Authodlye). This Fourth Amendment nequires the approval of two thirds of the members to go into effect, and it shall be effective when approved by as sixteenth member. WHEREAS, the Authority presently provides fire protection, prevention and supprosslon services and related and incidental services (collectively, "Fire Services") to Cities as well as to the unincorporated area of the Caurity,and State Responstblllty Areas WHEREAS, the County and several of the Cities entered into a ,faint Powers Authority Agreement to form the Authority -as of February 3, 1995, pursuant to the provisions of Article 1, Chapter 5, Envision 7, TItte I (commencing with Section 6500) of the Grivemment Cale of the State of California, ("Joint Powers Statutes"); and WHEREAS,, pursuant to the Joint Powers Statutes the members are authorised to jointly provide for the methods of the provision of Fire Services, Incduding the method of financing the provision of Fire Servlces; and WHEREAS, on September 23, 1999, the members entered Into an amended Joint Powers Authority Agreement (41999 Amended Agreemenf) which superseded all prior agreements between the members and Is Incorporated herein by reference„ and Attachment Resolution No. 2019-009 Page 3 of 6 WHEREAS, pursuant ler the 1999 Aanerxted Agreement the members provided for the provision of Fire Serums and the joint financing of Fire Services, and WHEREAS, on July 1, 2011; tate renumbers entered into the First Amendment to the Amended ,taint Powers Agreement ffirst Arnendral which amended several provisions of the 1959 Amended Agreement, and WHEREAS, on April 20, 2012, the City of Santa .Ana Joined the Aethority and 'WHEREAS, AS, oat november 19, 2013, the required number of member aguenci Amendmel which amended several previsilons of (be 1999 Amended Agreement. Y G.I&:. 1M. YY 'N Y Second Amendment became. and remains, Inoperative; and the laird Amendment to the Amended Jolnt Flowers Agreement rThird Amendrrtentj to eliminate allemative, Surd Directors, aA JY'. c ig =MM - Amendment -anti Third Amendment, is referred to herein as tate "Amended Joint Powers Agreement And its Operative Amandmente'", Joint Pol Agreement And Its Operative Amendments to formalize the OFA"s XOM1117. M, xAnditionsset forth herein. Resolution No. 2019-009 Page 4 of 6 AGREEMENT f, Adidle Wcit°theAmended J'oIntPowarsA thortly err ont ndIts parat;ve Amendments is amended to add Section 7, to read as foflow x T. Pay_ments to Reduce Unfunded t-lenalor2 Liability. 1n Its budget annually consistent with, or greater than, the budgetary payments called for in the "snowball" accelerated pension liability paydown plan approver! November 19, 2015, November 17, 2016, and March 23, 2017. D. Payments will be greater than those appropriated In [be 01 budget annually when triggered by a Not Genoral Fund Slarplus (per the Financial Stability Budget Policy), Payments from the "Net General Fund Surplus"' :are, hereby deeaned as derived frown revenues received by overfunded structural ilrre fund cities .as determined by the equity ,cal Watlon required under Article IV, Section 4 — Equity. C. Appropriations and payments required by subsection A .and ld maybe reduced to the extent the Board determInes, by vote approved try tura-thirds of the . . TUM I »a 1] For purposes of this section, "9scal hardship* shell rotor to a substantial reduction in OCFA anticipated revenue andfor a significant Increase In anticipated expenses that are beyr and the reasonable control of the 2. This Fcwrth Amendment ,amends the 1999 Amended Agreement And Its ]SIGNATURES ON FOLLOWING PAGES] III I rnii! 111! pill;r 11!1� I I 1!! 11 �11111111 I I I I 111ill III i I I i 1 11 yIFIF. Resolution No. 2019-009 Page 5 of 6 ATTEST. Norma Mitre Acting CIS of the Council NOTICE TO CITY TO BE GIVEN TO. City Manager City of Se Ia Ana 20 Clvic Center Plaza Santa Ana„ CA 92701 Phone: (714} 647.6200 Fax: (714) 647-6864 APPROVED AS TO FORW SONIA R.' AVALHO CITY ATTORNEY hn K Funk - letant Cfty Attomey Dated: J- 3 a,— 1 Resolution No. 2019-009 Page 6 of 6 CITY OF SANTA ANA By: STEVEN A. MEND07-A Ading City Manager