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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23, 1999, the members entered into an amended Joint Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior agreements between the members and is incorporated herein by reference; and 1328404.2 1 t WHEREAS, pursuant to the 1999 Amended Agreement the members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