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HomeMy WebLinkAbout55GG - RESO - 2ND AMEND OCFAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: RESOLUTION MAKING FINDINGS RELATED TO APPROVAL OF THE SECOND AMENDMENT TO ORANGE COUNTY FIRE AUTHORITY (OCFA) JOINT POWERS AUTHORITY AGREEMENT - (STRATEGIC PLAN NO. 6, 1 B) ITY M GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _ 006 _ t: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution on the recommendation to make findings related to the approval of the Second Amendment to the Orange County Fire Authority (OCFA) Joint Powers Authority Agreement. In March 2012, in response to concerns raised by the City of Irvine, the OCFA Board of Directors took action to form an Ad Hoc Committee for the purpose of studying equity. For OCFA, the equity issue refers to the extent to which the revenue received from a member agency bears a reasonable relationship to the cost of services that a member receives. Following 18 months of deliberations, an amendment to the Joint Powers Authority was prepared and approved by 20 of OCFA's 24 member agencies. Three member cities rejected the Amendment, and one member agency (County of Orange) did not consider approval of the Amendment. To become effective, the Amendment was only required to be approved by 2/3 (16) of OCFA's individual member agencies, which was achieved on November 18, 2013. The City Council approved the Second Amendment to the Amended Orange County Fire Authority Joint Powers Agreement on November 18, 2013 and was executed on February 10, 2014. The OCFA Board of Directors authorized their General Counsel to commence a validation action in the Orange County Superior Court to obtain a judicial declaration of the validity of the "Second Amendment to the Amended JPA" once the amendment had been approved by 2/3 of OCFA's member agencies. Per that authorization, the OCFA and the City of Irvine jointly filed a Petition seeking validation of the Second Amendment on December 19, 2013. On January 28, 2014, the Orange County Board of Supervisors voted 4 -to -1, with Supervisor Spitzer opposed, to file a formal response in opposition to the validation action. After hearing the 55GG -1 Resolution Making Findings related to OCFA Second Amendment to JPA Agreement October 21, 2014 Page 2 matter, the trial court ruled on August 4, 2014 that the Second Amendment is invalid. Subsequent to this ruling, both the Irvine City Council and the OCFA Board of Directors approved filing an appeal in the validation action. OCFA's Special Litigation Counsel for this matter has drafted the attached Resolution for consideration and approval by OCFA's member agencies. The City Attorney's Office has reviewed the resolution. The Resolution requests each city to make findings related to approval of the Second Amendment. If approved by OCFA's member agencies, Special Counsel will submit the approved Resolutions to the Court of Appeal. The proposed Resolution includes multiple recitals (WHEREAS clauses) explaining why cities voted to approve the Second Amendment last year. By adopting the resolution, the cities would resolve that the recitals are true and correct, and that they are adopted as findings representing the City Council's intent in approving the Second Amendment. When cities approved the Second Amendment last year, they were not required or requested to adopt any resolutions explaining why they were doing so; however now that the trial court has invalidated the Second Amendment, the adoption of a resolution explaining why the cities approved the Second Amendment could be helpful to OCFA's appeal. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #5, Provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana. FISCAL IMPACT There is no fiscal impact by this action. 55GG -2 LAR 10/21/14 ° RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL MAKING FINDINGS RELATED TO THE CITY'S PRIOR APPROVAL OF THE SECOND AMENDMENT TO THE AMENDED ORANGE COUNTY FIRE AUTHORITY'S JOINT POWERS AUTHORITY AGREEMENT WHEREAS, the Orange County Fire Authority ( "OCFA ") was formed in 1995 to provide regional fire protection and related services in the County of Orange and eighteen (18) member cities; and WHEREAS, five additional cities, including the City of Santa Ana, have become members of the OCFA, since its original formation; and WHEREAS, the original Joint Powers Authority ( "JPA ") Agreement was amended on September 23, 1999, and thereafter renewed in 2010 by the First Amendment to the Amended JPA Agreement; and WHEREAS, under the Amended JPA Agreement, OCFA member agencies pay for fire services under one of the following two pay structures: (1) the Structural Fire Fund, or (2) cash contracts; and WHEREAS, if a member is a Structural Fire Fund jurisdiction, the County of Orange collects property taxes in the member agency's jurisdiction, a portion of which is paid to OFCA for fire services; and WHEREAS, if a member agency is a Cash Contract City, the member agency makes service payments directly to OCFA from the member agency's general fund pursuant to the terms of a contract entered into by the OCFA and the member agency; and WHEREAS, the OCFA and certain member agencies were concerned that these payment structures created inequity among the member agencies; and WHEREAS, in light of this perceived inequity, some member agencies expressed concern that they may need to withdraw from membership in OCFA in 2020, as allowed by the amended JPA Agreement; and Resolution No. 2014 -XXX Page 1 of 3 55GG -3 WHEREAS, to assure long -term stability of the OCFA and allow OCFA to continue to provide cost effective fire protection services for the various member agencies, the OCFA proposed a new Enhanced Hybrid Model payment structure; and WHEREAS, on November 18, 2013, the Santa Ana City Council approved the Second Amendment to the Amended OCFA JPA Agreement to allow for the Enhanced Hybrid Model payment structure (Attached as Exhibit "A" and incorporated herein by reference); and WHEREAS, the City of Santa Ana is committed to participating in regional efforts to provide cost - effective and adequate fire protection services; and WHEREAS, the City of Santa Ana now wishes to affirm its intent in approving the Second Amendment to the Amended OCFA JPA Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The recitals above and true and correct and are incorporated into this Resolution by reference as findings representing the Santa Ana City Council's intent in approving the Second Amendment to the Amended OCFA JPA Agreement on November 18, 2013. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of October, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Senior Assistant City Attorney Resolution No. 2014 -XXX Page 2 of 2 Miguel A. Pulido Mayor 55GG -4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55GG -5 Resolution No. 2014 -XXX Page 3 of 3 55GG -6 SECOND AMENDMENT TO AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT This Second Amendment ( "Second 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 Second Amendment requires the approval of two thirds of the members to go into effect, and it shall be effective when executed by a sixteenth member; provided that if a sixteenth member has not executed this Second Amendment by June 30, 2014, then it shall be void and shall not go into effect. 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 955601.1 1 55GG -7 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 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, the members wish to amend the 1999 Amended Agreement and the First Amendment as set forth below to modify their joint financing of the Fire Services to promote financing equity among the members, to preserve the existing membership, to better assure future revenues that will continue to support the provision of high quality of Fire Services throughout the Authority's service area, and retain all other unamended terns of the 1999 Amended Agreement and First Amendment. NOW THEREFORE, the members agree to amend the 1999 Amended Agreement and First Amendment as follows: 955601.1 2 55GG -8 AGREEMENT 1. Article IV, Section 3, Subdivision A shall be amended to read as follows: A. Structural Fire Fund: Cash Contract Cities. County receives Structural Fire Fund property taxes ( "SFF ") from the unincorporated area and from properties located within the following member Cities: Irvine, Dana Point, Laguna Hills, Laguna Woods, Laguna Niguel, La Palma, Mission Viejo, San Juan Capistrano, Villa Park, Yorba Linda, Cypress, Los Alamitos, Lake Forest, Rancho Santa Margarita, and Aliso Viejo. These cities and the County together make up the "SFF Jurisdictions." On behalf of the cities from which the County receives SFF, and the unincorporated area, County shall pay, all SFF it receives to the Authority to meet budget expenses and fund reserves in accordance with the County's normal tax apportionment procedures pursuant to the California Revenue and Taxation Code and the County's tax apportionment schedules. The member Cities which the County does not receive SFF are Santa Ana, Stanton, Tustin, Buena Park, Placentia, Westminster, Seal Beach, and San Clemente (collectively, "Cash Contract Cities "). 2. Article IV, Section 4 shall be deleted in its entirety and replaced with the following new Section 4: 4. Equity. The following calculations and actions shall be performed by the Authority each fiscal year: A. Over - Funded Structural Fire Fund (SFF) Jurisdictions. (1) The total estimated property tax revenue levied and allocated to the Authority, prior to accounting for delinquencies, and including secured, unsecured, nonoperating utility (SBE), and homeowner's exemptions shall be determined ( "Total SFF Revenue Figure "). For the FY 2012/13 this amount was stated as $179,768,901.52 in the Auditor - Controller Report titled 955601.1 3 55GG -9 955601.1 'AT68AD -73 Orange County Auditor Controller Accumulation of Combined Prior Year Levy and Current Year ATI" as the "Total SFF Revenue Figure." (2) The total Assessed Value, net of successor agency former project area Incremental value, for all SFF jurisdictions shall be determined (the "Total AV Figure "). For the FY 2012/13 this amount was stated as $155,506,390,761 in the Auditor- Controller report titled 'AT04VC -74 Orange County Auditor Controller District Values Used to Set Tax Rates" and was identified as the "Total L &I (Land and Improvements), Total Secured and Unsecured Value for the Orange County Fire Authority Total Jurisdiction." (3) The Total AV Figure shall be multiplied by 1% (the basic levy tax rate) to determine the total value of the 1% basic levy for all SFF Jurisdictions for the fiscal year (the "SFF Basic Levy Figure "). For reference, in FY 2012113, this calculated figure was $1,555,063,907.61. (4) The Total SFF Revenue Figure shall be divided by the SFF Basic Levy Figure for the same fiscal year and expressed as a percentage. The resulting percentage shall be referred to as the "Average SFF Rate" for the fiscal year. For reference, in FY 2012/13 the Average SFF Rate was 11.56 %. The 2012 /13 calculation is as follows: $ 179 ,768,901.521$1,555,063,907.61 = 0.115602 (5) A "Jurisdictional SFF Rate" shall be determined for each SFF Jurisdiction as follows: a. The total property tax revenue allocated from all tax rate areas In the SFF Jurisdiction to the Authority, prior to accounting for delinquencies, and including secured, unsecured, utility (SBE), and homeowner's exemptions, but excluding revenue on successor 4 55GG -10 955601.1 agency incremental value in tax rate areas assigned to former redevelopment agencies, shall be determined ( "Jurisdictional SFF Revenue Figure "). By way of example, for FY 2012/13 this determination would be made by (1) taking, for each tax rate area in the SFF Jurisdiction, the total assessed value of the tax rate area as reported in the Auditor Controller TRA Summary Detail Reports for the secured, unsecured, SBE, and homeowner's exemptions, (2) multiplying the total assessed value by 1 %, and (3) multiplying the product by the Authority's share of the general levy tax rate in the tax rate area as stated in the "Auditor Controller Report AT68AH71 Section 99 Factor Report by TRA," which would yield property tax revenue allocated from that tax rate area to the Authority. This calculation would be made for all tax rate areas within the SFF Jurisdiction, and the results would be added together to yield the Jurisdictional SFF Revenue Figure. b. The total Assessed Value, net of successor agency former project area incremental value (AV), for the SFF Jurisdiction shall be determined (the "Jurisdictional AV Figure"). c. The Jurisdictional AV Figure shall be multiplied by 1 % to determine the total value of the 1% basic levy of the SFF Jurisdiction for the fiscal year (the "Jurisdictional Basic Levy Figure "). d. The Jurisdictional SFF Revenue Figure shall be divided by the Jurisdictional Basic Levy Figure for the 61 55GG -11 955601.1 same fiscal year and expressed as a percentage. The resulting percentage shall be referred to as the "Jurisdictional SFF Rate" for the fiscal year. (6) For those SFF Jurisdictions whose Jurisdictional SFF Rate is greater than the Average SFF Rate ( "the Over - Funded SFF Jurisdictions "), a Jurisdictional Equity Adjustment Payment ( "JEAP ") shall be calculated using the data sources cited above and the following formula: (Jurisdictional SFF Rate x Jurisdictional AV Figure x 0.01) — (Average SFF Rate x Jurisdictional AV Figure x 0.01) (7) The JEAPs calculated in subdivision (6) shall be paid by the Authority in two equal payments in December and April each fiscal year, provided that the Authority has received its distribution of property tax revenues in or before such months. (8) The JEAP payments in subdivision (6) shall be made according to the following phase -in schedule: Fiscal Year Irvine Other Jurisdictions FY 2013/14 100% 0% FY 2014/15 100% (a) 25% FY 2015/16 100% (b) 50% FY 2016/17 100% 75% FY 2017/18 and thereafter 100% 100% a. The timing of payment for FY 2014/15 will be dependent on the Authority's Adopted Budget. If the General Fund is balanced in the Adopted Budget (Operating Revenues are equal to, or greater than, operating expenses), then 100% of the calculated JEAP will be paid to the City of Irvine as identified by the above schedule. (For purposes of this Agreement "Operating Revenues" includes Unrestricted General Fund Revenues and SFF revenues. If the General Fund is not 0 55GG -12 balanced, as defined above, then 25% of the calculated JEAP will be paid to the City of Irvine in FY 2014115, and the remaining 75% will be paid to the City of Irvine no later than FY 2016/17. This delayed payment, if any, will be paid in addition to calculated JEAPs due and payable in the subsequent fiscal year(s) and shall not include interest. b. The timing of payment for FY 2015/16 will be dependent on the Authority's Adopted Budget. If the General Fund is balanced in the Adopted Budget (operating revenues are equal to, or greater than, operating expenses), then 100% of the calculated JEAP will be paid to the City of Irvine as Identified by the above schedule. If the General Fund is not balanced, as defined above, then 50% of the calculated JEAP will be paid to the City of Irvine in FY 2015/16, and the remaining 50% will be paid to the City no later than FY 2017118. This delayed payment, if any, will be paid in addition to calculated JEAPs due and payable in the subsequent fiscal year(s) and shall not include any interest. (9) Neither Cash Contract Cities nor SFF jurisdictions that are not determined to be Over- Funded SFF Jurisdictions by these calculations shall receive any JEAP, nor will they be required to make additional payments to the Authority due to these calculations. Annual service charges for Cash Contract Cities shall not be increased as a result of the JEAPs paid pursuant to this Section 4. B. Additional Equity Adjustment for SFF Revenue from the City of Irvine. The following calculations and actions shall be performed by the Authority each fiscal year: (1) Beginning with Fiscal Year 2013114, the City of Irvine shall receive an additional JEAP equal to the amount, If any, that the 455601.! 7 55GG -13 955601.t Jurisdictional SFF Revenue Figure for the City of Irvine, net of the JEAP payment calculated in Section 4.A(6), exceeds that year's corresponding annual Not -To- Exceed amount ( "NTE ") as set forth in Section 4.13(2) below. (2) The NTE for Fiscal Year 2013/14 shall be the amount of base SFF revenue that the Authority received from properties located within the City of Irvine jurisdiction in the Fiscal Year 2012/13, which was $59,635,863, plus 3.5 %. The NTE shall increase each fiscal year by 3.5 %. The NTE for each fiscal year from 2013114 to 2029/30 for the City of Irvine is therefore as follows: FY 2013114 SFF Revenue NTE: FY 2014/15 SFF Revenue NTE: FY 2015/16 SFF Revenue NTE: FY 2016/17 SFF Revenue NTE: FY 2017118 SFF Revenue NTE: FY 2018119 SFF Revenue NTE: FY 2019120 SFF Revenue NTE: FY 2020/21 SFF Revenue NTE: FY 2021122 SFF Revenue NTE: FY 2022/23 SFF Revenue NTE: FY 2023124 SFF Revenue NTE: FY 2024/25 SFF Revenue NTE: FY 2025/26 SFF Revenue NTE: FY 2026127 SFF Revenue NTE: FY 2027/28 SFF Revenue NTE: FY 2028/29 SFF Revenue NTE: FY 2029/30 SFF Revenue NTE: $59,635,863 X 1.035 = $61,723,118 $61,723,118 X 1.035 = $63,883,427 $63,883,427 X 1.035 = $66,119,347 $66,110,347 X 1.035 = $68,433,524 $68,433,524 X 1.035 = $70,828,697 $70,828,697 X 1.035 = $73,307,701 $73,307,701 X 1.035 = $75,873,471 $75,873,471 X 1.035 = $78,529,042 $78,529,042 X 1.035 = $81,277,558 $81,277,558 X 1.035 = $84,122,273 $84,122,273 X 1.035 = $87,066,553 $87,066,553 X 1.035 = $90,113,882 $90,113,882 X 1.035 = $93,267,868 $93,267,868 X 1.035 = $96,532,243 $96,532,243 X 1.035 = $99,910,872 $99,910,872 X 1.035 = $103,407,753 $103,407,753 X 1.035 - $107,027,024 (3) In any fiscal year in which the Jurisdictional SFF Revenue Figure for the City of Irvine, net of the JEAP calculated in Section 4.A(6), is greater than the NTE provided in Section 4.B.(2), the excess revenue shall be paid to the City of Irvine as an additional JEAP. 0 55GG -14 955601.1 (4) Payment of this additional JEAP shall be made by the Authority to the City of Irvine in two equal payments in December and April of each fiscal year, provided that the Authority has received its distribution of the SFF in such months. (5) Neither Cash Contract Cities nor SFF jurisdictions other than Irvine shall receive any additional JEAP as described in this Section 4.B., nor will they be required to make additional payments to the Authority due to these calculations or payments. Annual service charges for Cash Contract Cities shall not be increased as a result of the JEAPs or additional JEAPs paid pursuant to this Section 4. C. Sources of JEAP Funds; Remedies; Amendment. (1) Payments of JEAPs shall be made to the Over- Funded SFF jurisdictions from unrestricted revenues of the Authority (the "Unrestricted OCFA General Fund Revenues ") provided that the use of said Unrestricted OCFA General Fund Revenues is not prohibited by any Federal or State law or regulation nor would the use violate the terms or restrictions contained in any grant or other agreement restricting the use of the designated revenue sources. For purposes of clarity, JEAPs shall be paid from the annual service charges paid by the Cash Contract Cities as well as from other non- property tax sources of unrestricted funds. SFF are restricted funds and shall not be used to pay JEAPs. No Cash Contract City annual service charges shall be increased to pay JEAPs. (2) If a legal challenge Is brought challenging this Second Amendment, the JEAPs shall continue to be calculated as provided in this Second Amendment. The Authority shall open a separate account into which the JEAPs shall be deposited, which shall bear interest at the same rate as the Authority's other authorized investments. The Authority shall provide an iJ 55GG -15 955601.1 accounting to the Over - Funded SFF Jurisdictions upon each JEAP deposit. The JEAPs so deposited into this account shall remain there until the resolution of the legal challenge. If this Second Amendment remains valid after the resolution of such legal challenge, all of the funds accumulated in such account shall be paid, With accrued interest, to the Over - Funded SFF Jurisdiction(s) and the Authority shall provide an accounting therefore. (3) The City of Irvine may, notwithstanding Article VII, Section 1 of the 1999 Amended Agreement as amended by the First Amendment and this Second Amendment, withdraw from the Authority by transmitting written notice of its withdrawal to the Clerk of the Authority. Such notice shall provide at least two years' notice of the withdrawal, but the notice period may be more than two years, at the City of Irvine's discretion. The withdrawal shall be effective upon the expiration of the notice period in the notice of withdrawal, although in no case may the City of Irvine withdraw before June 30, 2020. This withdrawal provision applies to the following situations only: (1) a final judgment is entered declaring this Second Amendment to be void or otherwise affects a material term of this Second Amendment and the time in which to appeal such final judgment has passed; (2) the members approve any modification to this Second Amendment which the City of Irvine does not vote to approve; (3) there is a change in state legislation which prevents or reduces the payment of JEAPs to the City of Irvine as prescribed by this Second Amendment; or (4) the Authority materially breaches this Second Amendment. This provision shall not be interpreted to limit the remedies otherwise available to the City of Irvine if the Authority otherwise falls to make payment of the JEAPs when it is authorized to do so under this Second Amendment. (4) This Second Amendment can only be amended if approved by two- thirds of the members of the Authority. 10 55GG -16 3. Article Vll, Sections I.A. and B. are deleted In their entirety and replaced with the to/lowing: A. Term. Cities shall be members of the Authority for a 20 -year term commencing July 1, 2010. For Structural Fire Fund cities, the initial 20 -year term shall begin on July 1, 2010 and end on June 30, 2030. For a Cash Contract City, the first 20- year term shall begin on July 1, 2010, only upon the consent of such City. Cash contract Cities that do not give such approval by June 30, 2010 shall give notice of withdrawal to the Clerk of the Authority by June 30, 2010, to be effective July 1, 2010. Failure to provide such notice shall be deemed that City's consent to a 20 -year term, beginning July 1, 2010 subject to the ability to withdraw after the first ten years as set forth in Section B. below. B. Subseouent Terms. Twenty -year membership terms shall automatically renew, on the same terms and conditions as the prior term, and with the same cap in effect in the last year of the prior term, except under the following circumstances: (1) Any City may give notice of withdrawal by transmitting written notice of such withdrawal to the Clerk of the Authority prior to July 1 of the second to last year of every ten -year interval of a twenty -year term (e.g., for the first ten -year Interval, notice must be given by July 1, 2018 to withdraw by June 30, 2020). (2) Notwithstanding the preceding subsection (B)(1), in exchange for the JEAPs described in Article IV, Section 4, the City of Irvine shall not have the option to withdraw in 2020, except as provided in Article IV, Section 4(C)(3), or If the number of withdrawing Cash Contract Cities in 2020 reduces the unrestricted general fund revenues of the Authority to the point that the JEAPs can no longer be made. In the event that the number of withdrawing Cash Contract Cities in 2020 reduces the unrestricted general fund revenues of the Authority to the point that the JEAPs can no longer be made, the City of Irvine will be notified In writing by the Authority of this 955601.1 11 55GG -17 condition as soon after July 1, 2018 as practicable, and in no event later than January 1, 2019. In that event, the City of Irvine will be able to withdraw in 2020 by providing written notice of such withdrawal no later than July 1, 2019. For purposes of clarity, the City of Irvine shall have the option to withdraw in 2030 and every ten years thereafter by complying with the notice provisions in subsection (13)(1) above. 4. This Second Amendment amends, as set forth herein, the 1999 Amended Agreement and the First Amendment and except as specifically amended herein, the 1999 Amended Agreement and the First Amendment shall remain in full force and effect. To the extent there is any conflict between this Second Amendment and the 1999 Amended Agreement and First Amendment, the terms and conditions contained in this Second Amendment shall control. 955601.1 12 55GG -18 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Susan Novak Clerk of the Board of Supervisors County of Orange, California NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: Michael B. Giancola County Executive Officer 10 Civic Center Plaza Santa Ana, CA 92701 APPROVED AS TO FORM: Nicholas S. Chdsos County Counsel Dated: COUNTY OF ORANGE, a political subdivision of the State of California By: Shawn Nelson Chairman of its Board of Supervisors [Signatures Continued on Page 141 The County of Orange has not approved the Second Amendment to the Amended Joint Powers Authority Agreement. Dated: April 9, 2014 955601.1 13 55GG -19 Dated: ATTEST: Susan A. Ramos 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: Best Best & Krieger LLP By: Scott C. Smith, City Attorney CITY OF ALISO VIEJO John Whitman Interim City Manager [Signatures Continued on Page 15] The above reference agency rejected the Second Amendment to the Orange County Fire Authority Joint Powers Agreement. 955601.1 14 1 1 55GG -20 CITY OF BUENA PARK A ATTEST: 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: Richards Watson & Gershon By: Steve Dorsey V City Attorney [Signatures Continued on Page 16] 455601.1 15 55GG -21 Dated: 1 I) I a-s 115 r_ 'l Itr::&% 6 Denise Basham 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: Aleshire & Wynder LLP By:_ �� ..�—_ Bill nd r City Atto ey [Signatures Continued on Page 17] 955601.1 16 55GG -22 ATTEST: f =MyM W' "d---�-A 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: Rutan & Tucker B. ' Patrick I noz City Attorney [Signatures Continued on Page 18] 17 55GG -23 Dated: S-11-14 ATTEST: 1LC.t..e�� Shade Apodaca 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: Rutan & Tucker By: Todd tfin City Attorney CITY OF I E By: Sean Joyce City Manager (Signatures Continued on Page 191 955601 1 18 55GG -24 CITY OF LA PALMA �7 r � Dated: v B •__ Ellen Volmert City Manager ATTEST: ��_. Laurie A. Murray 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: RUTAN & TUCKER Attorney `Signatures Continued on Page 20] 955601.1 55G6-25 Dated:J� u _ ATTEST:. A n r City 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: Woodruff, Spradlin & Smart By: /V / /4 Gre ory E. Simonian City Attorney CITY OF 20 55GG -26 City Manager ATTEST: Pamela Lawrence Acting 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: 0 Terry Dixon City Attorney 955601.1 CITY OF LAGUNA NIGUEL By: Rod Foster City Manager [Signatures Continued on Page 22] 21 55GG -27 The above reference agency rejected the Second Amendment to the Orange County Fire Authority Joint Powers Agreement. / CITY OF LAGUNA WOODS Dated: �/ 6 J �3 By: C ris acon City Manager ATTEST: Marc Donohue °° --- Deputy 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: Rutan & Tucker By: L ) avid osgrov City Attorney 955601.1 22 55GG -28 CITY OF LAKE FOREST Robert C. Dunek City Manager ATTEST: Step anie D Smith City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager 25550 Commercentre Drive City of Lake Forest Lake Forest, CA 92630 Phone: (949) 461 -3400 Fax: (949) 461 -3511 APPROVED AS TO FORM: lilh�;w.�a�►t� [Signatures Continued on Page 24] 23 55GG -29 Dated: J` - 1`1TI� 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: Wallin, Oress�Reisman Cary S. City M CITY OF LOS ALAMITOS By: "'. rl::� bred4 Korduner Interim City Manager (Signatures Continued on Page 251 955601.1 24 55GG -30 CITY OF MISSION VIEJO Dated: d rr oU .3 By 4, Dennis Wilbe City Manager ATTEST: lvlawk Kare Hamman City tierk 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: Watson & Gershon Bill Curley City Attorney (Signatures Continued on Page 261 95560 55(;G -31 Dated 3/ I J�/ 2.=oH CITY OF PLACENTIA 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: Andrew Arczy ki Law Offs s Andrew Arczyns ki City Attorney [Signatures Continued on Page 27] 955601.1 26 55GG -32 CITY OF RANCHO SANTA MARGARITA Dated: �l7 `" cam'( ° % � By. d tinifer M. G.ervantez���� ity Manager ATTEST: ow v/4'(41'L Molly McLaughl 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: Woodruff, Spradlin & Smart - -''GCrfegg Simonia City Attorney [Signatures Continued on Page 28] 955601.1 27 55GG -33 CITY OF SAN CLEMENTE Dated: / /— /`f- /.j Pall Gudgeirsson City Manager ATTEST: J nne Baade ty 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: Rutan & Tucker By. - ; r Je rey Goldfarb City Attorney (Signatures Continued on Page 291 955601.1 28 55GG -34 Dated: lltoUgrn gr 5,2O4 ATTEST: _�-- — Maria Morr 1 y`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: Rutan & Tucker By:CY./L� t °f Hans Van Ligten City Attorney CITY OF SAN JUAN CAPISTRANO By: � , am'tL Karen P. Brust City Manager (Signatures Continued on Page 301 955601.1 L9 55GG -35 Dated: ;W.) —/() —/ Y ATTEST: 1--m 444A /D & Maria Huizar 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: CITY OF SANTA ANA By:_ David Cavazos City Manager [Signatures Continued on Page 311 455601.1 30 55GG -36 CITY OF SEAL BEACH Dated: October 28, 2013 By: it Ingram ty Manager ATTEST: 4UnaDevine City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Seal Beach 211 8t' Street Seal Beach, CA 90740 Phone: (562) 431 -2527 Fax: (562) 431 -4067 APPROVED AS TO FORM: Richards Watson & Gershon By: Quinn Barrow City Attorney [Signatures Continued on Page 32] 955601.1 31 55GG -37 Dated: 10124663 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: Best, Best & Krieger By Mat hew E. Richardson City Attorney CITY OF STANTON [Signatures Continued on Page 33] 955601.1 32 55GG -38 Dated: ATTEST: Cl' m Erica Rabe City Clerk City Clerk Services Supervisor 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. Ken City Attorney 955601 -1 (Signatures Continued on Page 341 33 55GG -39 ATTEST: Jarad Hildenbrand 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: Rutan & Tucker By: Todd Litfin City Attorney 955601.1 CITY OF VILLA PARK By: Jared Hildenbrand City Manager [Signatures Continued on Page 35] 34 55GG -40 The above reference agency rejected the Second Amendment to the Orange County Fire Authority Joint Powers Agreement. 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: CITY OF EST 4 MINSTE By; Eddie Manfro City Manager jalgnarures "nunued on Page 361 955601.1 5 5 Gab -41 CITY OF YORBA LINDA Dated} October 16. 2013 Mark A. Pulone City Manager ATTEST: Marcia Brown 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: Rutan & Tucker By: Todd Liffiff City Attorney 955601.1 36 55GG -42