HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY (OCFA)s � A-2019-025
MAY 01 2019
0%. GPAO`f) FOURTH AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT
Daoq ORANGE COUNTY FIRE AUTHORITY
This Fourth Amendment ("Fourth 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"), This Fourth Amendment
requires the approval of two thirds of the members to go into effect, and it shall be effective
when approved by a sixteenth member.
Q
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Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior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
1328404.2 1
WHEREAS, pursuant to the 1999 Amended Agreement the members provided for
the provision of Fire Services and the joint financing of Fire Services; and
WHEREAS, on July 1, 2010, the members entered into the 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 required number of member agencies
approved the Second Amendment to the Amended Joint Powers Agreement ("Second
Amendment") which amended several provisions of the 1999 Amended Agreement.
However, a final courtjudgment subsequently invalidated the Second Amendment, so the
Second Amendment became, and remains, inoperative; and
WHEREAS, on July 14, 2015, the required number of member agencies approved
the Third Amendment to the Amended Joint Powers Agreement ("Third Amendment") to
eliminate alternative Board Directors;
WHEREAS, the Amended Joint Powers Agreement, as amended by the First
Amendment and Third Amendment, is referred to herein as the "Amended Joint Powers
Agreement And Its Operative Amendments";
WHEREAS, the members wish to adopt this Fourth Amendment to the Amended
Joint Powers Agreement And Its Operative Amendments to formalize the OCFA's
commitment to its "snowball" accelerated pension liability paydown plan on the terms and
conditions set forth herein.
NOW THEREFORE, the members agree to amend the Amended Joint Powers
Agreement And Its Operative Amendments as follows:
1328404.2 2
AGREEMENT
1. Article IV of the Amended Joint Powers Authority Agreement And Its Operative
Amendments is amended to add Section 7, to read as follows:
7. Payments to educe Unfunded Pension Liability.
A. Except as provided in subsection C, the OCFA Board shall appropriate funds
in its budget annually consistent with, or greater than, the budgetary payments
called for in the "snowball" accelerated pension liability paydown plan approved
by the OCFA Board of Directors on September 26, 2013, and amended on
November 19, 2015, November 17, 2016, and March 23, 2017.
B. Payments will be greater than those appropriated in the OCFA's budget
annually when triggered by a Net General Fund Surplus (per the Financial
Stability Budget Policy), Payments from the "Net General Fund Surplus" are
hereby deemed as derived from revenues received by overfunded structural
fire fund cities as determined by the equity calculation required under Article
IV, Section 4 — Equity,
C. Appropriations and payments required by subsection A and B may be reduced
to the extent the Board determines, by vote approved by two-thirds of the
Board, is necessary to address a fiscal hardship.
1) For purposes of this section, "fiscal hardship" shall refer to a substantial
reduction in OCFA anticipated revenue and/or a significant increase in
anticipated expenses that are beyond the reasonable control of the
OCFA Board.
2, This Fourth Amendment amends the 1999 Amended Agreement And Its
Operative Amendments, and except as specifically amended herein, the 1999
Amended Agreement And its Operative Amendments shall remain in full force
and effect.
[SIGNATURES ON FOLLOWING PAGES]
1328404.2 3
Dated:
a
,, u, as ��,•,
Norma Mitre.
Acting Clerk of the Council
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)647-6954
APPROVED AS TO FORM:
SONIA R. CARVALHO
CITY ATTORNEY
By: I.
Cohn M. Funk
Assistant City Attorney
Dated: 13 0 �- i
CITY OF SANTA ANA
M-
Steven Mendoza
Acting City Manager
[Signatures Continued on Page 22]
21
Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
Clerk of the Board of Supervisors
County of Orange, California
NOTICE TO COUNTY OF ORANGE TO BE
GIVEN TO:
County Executive Officer
10 Civic Center Plaza
Santa Ana, CA 92701
APPROVED AS TO FORM:
0
County Counsel
Dated:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Chairman of its Board of Supervisors
[Signatures Continued on Page 5]
13
CITY OF ALISO VIEJO
Dated: By:
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 61
CITY OF BUENA PARK
Dated: By:
ATTEST:
City Clerk
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]
7p
CITY OF CYPRESS
Dated: By:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Phone: (714)229-6688
Fax: (714)229-0154
APPROVED AS TO FORM:
City Attorney
Dated:
Mayor
[Signatures Continued on Page 8]
7
Dated:
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:
0
City Attorney
Dated:
CITY OF DANA POINT
In
Mayor
[Signatures Continued on Page 9]
9
CITY OF IRVINE
Dated: By:
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 Attorney
Dated:
Mayor
[Signatures Continues' on Page 10]
PO
Dated:
ATTEST:
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
APPROVED AS TO FORM:
M
City Attorney
Dated:
CITY OF LA PALMA
Mayor
[Signatures Continued on Page 11]
10
Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Laguna Hills
25201 Paseo de Alicia #150
Laguna Hills, CA 92653
Phone: (949) 707-2600
Fax: (949) 707-2614
APPROVED AS TO FORM:
m
City Attorney
Dated:
CITY OF LAGUNA HILLS
0
Mayor
[Signatures Continued on Page 121
11
CITY OF LAGUNA NIGUEL
Dated: By:
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
City Attorney
Dated:
Mayor
[Signatures Continued on Page 13]
12
Dated:
ATTEST:
City Clerk
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:
City Attorney
Dated:
CITY OF LAGUNA WOODS
0
Mayor
[Signatures Continued on Page 14]
13
Dated:
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:
City Attorney
Dated:
CITY OF LAKE FOREST
By:
Mayor
[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:
In
City Attorney
Dated:
CITY OF LOS ALAMITOS
Mayor
`Signatures Continued on Page 16]
15
CITY OF MISSION VIEJO
Dated: By:
ATTEST:
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:
m
City Attorney
Dated:
Mayor
(Signatures Continued on Page 171
16
Dated:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Placentia
401 E. Chapman
Placentia, CA 92870
Phone: (714)993-8117
Fax: (714)961-0283
APPROVED AS TO FORM:
City Attorney
Dated:
CITY OF PLACENTIA
an
Mayor
[Signatures Continued on Page 181
17
Dated:
ATTEST:
City Clerk
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
APPROVED AS TO FORM:
0
City Attorney
Dated:
CITY OF RANCHO SANTA MARGARITA
m
Mayor
[Signatures Continued on Page 19]
Dated:
ATTEST:
City Clerk
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:
0
City Attorney
Dated:
CITY OF SAN CLEMENTE
Mayor
[Signatures Continued on Page 20]
19
Dated:
ATTEST:
City Clerk
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:
m
City Attorney
Dated:
CITY OF SAN JUAN CAPISTRANO
Mayor
[Signatures Continued on Page 21]
20
Dated:
ATTEST:
City Clerk
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:
m
City Attorney
Dated:
CITY OF SANTA ANA
Mayor
[Signatures Continued on Page 22]
21
CITY OF SEAL BEACH
Dated: By:
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Phone: (562) 431-2527
Fax: (562) 431-4067
APPROVED AS TO FORM:
City Attorney
Dated:
Mayor
[Signatures Continued on Page 231
22
Dated:
ATTEST:
City Clerk
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:
A
City Attorney
Dated:
CITY OF STANTON
Mayor
[Signatures Continued on Page 24]
23
CITY OF TUSTIN
Dated: By:
ATTEST:
City Clerk
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:
City Attorney
Dated:
Mayor
[Signatures Continued on Page 25]
24
CITY OF VILLA PARK
Dated: By:
ATTEST:
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:
City Attorney
Dated:
Mayor
[Signatures Continued on Page 26]
25
CITY OF WESTMINSTER
Dated: By:
ATTEST:
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:
M
City Attorney
Dated:
Mayor
[Signatures Continued on Page 27]
26
Dated:
ATTEST:
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:
CITY OF YORBA LINDA
L0
Mayor
27