19-0118_ORANGE COUNT FIRE AUTHORITY_4th Amd to Amended Joint Powers Authority Agr FOURTH AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT
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.
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Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior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
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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 court judgment 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:
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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 Reduce 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
CITY OF SAN JUAN;CAPISTRANO
Dated: ,,/ / / 1 By:
Br=n L Maryott, Mayor
ATTE'
„tfut$
Maria orris, C\Ity 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:
By: %fl 1 > -
Jeffrey Ballinger, City Attorney
Dated: Jan, /71 "it t9
(Signatures Continued on Page 211
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