HomeMy WebLinkAbout55E - RESO - OCFA AGREEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 7, 2015
TITLE:
DISCUSSION AND CONSIDERATION OF A
RESOLUTION RELATED TO THE THIRD
AMENDMENT TO THE ORANGE COUNTY
FIRE AUTHORITY (OCFA) JOINT POWERS
AUTHORITY AGREEMENT
(STRATEGIC PLAN NO. 1, 5)
r CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Per OCFA Board of Directors discuss and consider the following:
1. Adopt a resolution related to the Third Amendment to the Orange County Fire Authority
(OCFA) Joint Powers Agreement to eliminate alternate Board directors.
2. Authorize the City Manager and Clerk of the Council to execute a third amendment to the
Joint Powers agreement with OCFA, subject to non - substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
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.
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."
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Discussion and Consideration of Third Amendment to OCFA Joint Powers Agreement
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, and the OCFA Board of Directors approved the form of the
amendment at a Special Meeting on July 1, 2015.
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.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts 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 associated with this item.
Exhibit: 1. Resolution
2. Third Amendment to the Amended Joint Powers Authority Agreement
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RESOLUTION NO. 2015 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE THIRD AMENDMENT TO
THE ORANGE COUNTY FIRE AUTHORITY AMENDED
JOINT POWERS AUTHORITY AGREEMENT, AND
AUTHORIZING ITS EXECUTION
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 amended by an
"Amended Joint Powers Authority Agreement" ( "Amended JPA Agreement ") on
September 23, 1999, and the Amended JPA Agreement was further amended twice, in
2010 and 2013; and
WHEREAS, the City of Santa Ana is a member of the OCFA and is represented
on the OCFA Board of Directors by a Director selected by the City Council; and
WHEREAS, in addition to appointing a Director on the OCFA Board, the
Amended JPA Agreement provides for each member to appoint an alternate director to
act in the Director's absence; and
WHEREAS, after evaluating the continued need for alternate directors, the OCFA
Board has approved the attached "Third Amendment to Amended Joint Powers
Authority Agreement ", by which alternate directors would be eliminated, and 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:
Approve the "Third Amendment to Amended Joint Powers Authority
Agreement" as proposed by the OCFA, and
Authorize the City Manager and Clerk of the Council to execute the "Third
Amendment to Amended Joint Powers Authority Agreement ".
ADOPTED this 7 1 day of July, 2015.
Exhibit 2 Miguel A. Pulido
Mayor
Resolution No. 2015 -XXX
Page 1 of 2
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: /rW. Lv
X J n M. Funk
A sistant City Attorney
AYES: Council members:
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 the attached
Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on July 7, 2015,
Date:
Resolution No, 2015 -XXX
Page 2 of 2
Clerk of the Council
City of Santa Ana
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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
Exhibit 3
55E -5
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 fl, Section 2 of the 1999 Amended Agreement shall be amended to read as
follows:
1097988.3
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.
of the Each Director ai4d altowata 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 fit. With approval of the Board, a Director
55E -6
may be reimbursed for reasonable expenses incurred in the conduct of the
business of the Authority.
2. Article ll, Section S of the 1999 Amended Agreement shall be amended to read as
follows:
51 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.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
J M. Funk
A sistant City Attorney
1097988.3
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