19-0328_ORANGE COUNTY FIRE AUTHORITY_4th Amd to Amended Jt Pwrs Authority Agr .1`
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Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior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
1328404.2 1
t
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:
1328404.2 2
7
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
COUNTY OF ORANGE, a political
subdivision of the State of California
Dated: \ By:
Chairman of its Board of Supervisors
ti
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 TOS • E
GIVEN TO:
County Executive Officer
10 Civic Center Plaza
Santa Ana, CA 92701
APPROVED AS TO FORM:
By: •
County Counsel
Dated:
[Signatures Continued on Page 5J
Memo dated 04/17/19 to the Clerk of the Board of Supervisors
from County Executive Officer Frank Kim requested deletion of
04/23/19 Agenda Item No. #39 — Fourth Amendment to the
Orange County Fire Authority Joint Powers Agreement
commenting that the Fourth Amendment to the Orange County
Fire Authority (OCFA) Joint Powers Agreement took effect
following approval by at least 2/3 of OCFA members. Thus,
approval of the Fourth Amendment by the County of Orange is
no longer necessary and the County Executive Office is deleting
the item.
4
CITY OF ALISO VI 0
/
Dated: \ By: 1,49:-.dd
o
\A
Mayor
ATTEST:
--//7, - ( N
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: "c(La ;Tilt 17i
City Attorney
Dated: \\ /—\ I \
[Signatures Continued on Page 6]
5
CITY OF BUENA PARK
Dated: b ° ' 4 By: % -�-��--
Arthur C. Brown
or
ATTEST: „ ;_� ., o
/fy�/^�/c / 'fy,►�, J �":�� •,�`{l{;-e�-:�](.,l��t::��M� f
Adria M. Jimene MMC C` '
City Clerk 'FORT.
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:
By:
Christoper G. Cardinale
City Attorney
� I
Dated: /I
[Signatures Continued on Page 7]
- I
6
CITY OF CYPRESS
Dated: C''Ork,„(i/V7A I : 2ICi By: )4/10y/bAr'
Mayor
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:
By: //J !'(,
//01,7'(., - -,e1( •
City Attorn-
Dated:
[Signatures Continued on Page 8]
7
CITY OF DANA POINT
Dated: By:
Mayor
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:
By:
City Attorney
Dated:
[Signatures Continued on Page 9]
8
CITY OF IRVINE
Dated: By:
Mayor
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:
By:
City Attorney
Dated:
[Signatures Continued on Page 101
9
•
CITY OF LA PALMA
Dated: ,j)e /1/—26 1,7 By:
Marliall Goodman
Mayor
ATTEST:
•
•
Kimb-rly Kenne , C,,
Deputy 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:
By: ta ;
Joel K p .erg
City A orney
Dated: V
. .
10
•
CITY OF LAGUNA HILLS
/711
Dated: CA1-/KY -4/2/1""(---"t
• MelodyN;arruth
• Mayor
ATTEST:
Melissa Au-Yeung
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
Donald J. White
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:
By: •
Gregory E. Simonian
City Attorney
Dated:
(Signatures Continued on Page 12)
11
CITY OF LAGUN4 N-IGUEL
Dated: MIL
Mayor
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: •
By:
City Attorney
Dated:
(Signatures Continued on Page 13J
12
CITY OF LAGUNA WOODS
Dated: ki �� ��!�• l ` � / 4�By: 07(./---2
d Carol-Moore
Mayor
ATTEST:
i
lAk ..
oli- Trippv •
�-•utyCity 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: iV r •NIG
David B. Cosgro e
City Attorney
Dated: ./f•l3
[Signatures Continued on Page 14)
13
•
CITY OF LAKE FOREST
Dated: ' 63/ 5/z/0/1. By:
May r
ATTEST:
721,/1/4 •
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:
By:
City Attorney
Dated: 1 j 1-t' / 13
[Signatures Continued on Page 15]
14
CITY OF LOS ALAMITOS
Dated: 1/(q)9 B '
Warren Kusumoto, Mayor
ATTEST:
1041011,011
01r Ffer AP.
Windmei a 0 uintanar, MMC, Ci . lerk
NOTICE TO CITY TO BE GIVEN TO:
Bret M. Plumlee, 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:
Michael S. Daillt:Cify Attorney
Dated: i -
[Signatures Continued on Page 16]
15
I
•
,
CITY OF MISSION VIEJO
/�'
CeG,� .' z----
Dated: 1 3 - / ci By: /(�
Mayor
ATTEST: ,
-- 01/1/ -1_14
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: ,
) _ i -------)
Z (//1L/ ,
City.Attorney
Dated:
/�4z /). _,/ �()/ '
,
[Signatures Continued on Page 177
16
CITY OF PLACENTIA
Dated: By:
Mayor
Al I EST:
(
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:
By:
City Attorney
Dated:
[Signatures Continued on Page 181
17
CITY OF RANCHO SANTA MARGARITA
1111
Dated: January 9, 2019 B • „. •-i
• ryoIIo
or
ATTEST:
1111
Amy Dia I
City Cler,
• 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
By:
Greg Simonian
City Attorney
Dated: January 9, 2019
[Signatures Continued On Page 191
18
CITY OFl_CLEME E - •
Dated:, (72 - By: -ztS
Mayor
ATTEST:
(
•
Aiii..4.1a.06-411111a(
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: (049) 361-8283
APPROVED AS TO FORM:
By:
City Attorney
Attorney
Dated:
[Signatures Continued on Page 201
19
, .
CITY OF SAN JUAN,CAPISTRANO
Dated: , I By:
1111 Br'ZIMaryott, Mayor
ATTE"T;
\ IA/
I 1
Maria orns, C ty 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: 7//
Jeffrey Ballinger, City Attorney
Dated: oNn 1-7 7_0 (1
[Signatures Continued on Page 211
20
CITY OF SANTA ANA
Dated: By:
Mayor
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:
By:
City Attorney
Dated:
(Signatures Continued on Page 221
21
s
CITY OF SEAL BEACH
Dated: * 31/ By: /1-ry-1.-•4".7. /4"4„,„,..c
„Mayor
ATT ST; SAL oied
-
.40 /40
A 's
p)
;
••• -4 •
L- •
City Clerk 'eseee,zYsti 27
.....
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Seal Beach
211 81h Street
Seal Beach, CA 90740
Phone: (562) 431-2527
Fax: (562) 43-14E67 4‘93-1,55Y
-APPROVED AS TO FORM:
62. -A
By:
City Attorney
Dated:
1 1
CITY OF SEAL BEACH
Dated: By:
Mayor
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:
By:
City Attorney
Dated:
[Signatures Continued on Page 23]
22
ORIGINAL
•
CITY OF STANTON
A, CY
Dated: /7///W2om By: /(ii(V/
David ‘ awver
• c‘T V 0A, Mayor( ,/ •
A EST:
Arit 0,2 -s\
•
. atricia-A 7erivr,
7'90‘
°91vIA
NOTICE TO CITY TO BE GIVE 1 0:
City Manager
City of Stanton
7800 Katella Avenue
• Stanton, CA 90680
Phone: (714) 37979222
Fax: (714) 890-1443 •
APPROVED AS TO FORM:
By: ,
•
M-tihew E. Richardson
City Attorney
Dated:
•
[Signatures Continued on Page 241
•
•
23 (-5 --,-
CITY OF TUSTIN
644
Dated: t 20dig By:
Elwyn A. urray,
Mayor
ATTEST:
{
4 17 kia.Aui-e-,_
Erica N. Yas1a,
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Phone: (714) 573-3P10
' Fax: (714) 832-0825
APPROVED AS TO FORM:
0. /
.e '
441,
By: // r ] kA
���
David E. Kendig,
City Attorneyii0
Dated: it /o`(52
[Signatures Continued on Page 25]
24
CITY OF VILLA PARK
Dated: At--, e
By:
Robert Collacott
Mayor
ATTEST:
Stev- Franks
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:
By: . '111, /t
Todd Litfr
City Attorney
Dated: FiZElfq
[Signatures Continued on Page 261
•
25
CITY OF WESTMINSTER
Dated: By:
Mayor
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:
By:
City Attorney
Dated:
[Signatures Continued on Page 27]
26
CITY OF YORBA LINDA
Dated: / 6W">, ��?-r/" Di 2-0/ ? By: k,,,\4ANftC(1/v
Gene Hernandez
Mayor
ATTEST:
)/y n A
ti
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,:
By:
lvirr
Todd Litfin
City Attorney
Dated: i1/24/!,9
. 27