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15-0804_ORANGE COUNTY FIRE AUTHORITY_Amended Joint Powers Authority Agreement Third AmdTHIRD 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 Ciemente, San Juan Gapistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (collectively referred to as "Cities" and individuatiy 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 3,199S pursuant to the provisions of Article 1, Chapter S, 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23,1999, the members entered into an amended Joint Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior agreements between the members and is incorporated herein by reference; and 1 WHEREAS, on July 1, 2010, the members entered into a First Amendment to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 arid 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 II, Section 2 of the 1999 Amended Agreement shall be amended to read as follows: 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 shail 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. Each member shall olso appoint on oltornoto to oct in ooch DiroctoKo absoncc. Each altornato shall ba a currant olactod roproaontotivo of the govorning board of themombor. Each Director and oltarnato 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 ami/or altornato. With approval of the Board, a Director or altarnatn 2 may be reimbursed for reasonable expenses incurred in the conduct of the business of the Authority. 2. Article II, Section 5 of the 1999 Amended Agreement shail be amended to read as follows: 5. Quorum: Voting. A majority of the Directors shall constitute a quorum for the purpose of the transaction of business relating to the Authority, Each Directorpof altornato in tho obsnnco of ony voting Diroctor, 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. 3 Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD COUNTY OF ORANGE, a political subdivision of the State of California^ By: ^ Chairman of its Boa/d'of Supervisors Clerk of the Board of Supervisors County of Orange, Galifomia NOTICE TO COUNTY OF ORANGE TO GIVEN TO: County Executive Officer 10 Civic Center Plaza Santa Ana, CA 92701 APPROVED AS TO FORI By:. Coupty Counsel [Signatures Continued on Page 5] The County of Orange considered the amendment on 07/21/15 and took a position of opposition. 4 Dated: Mayor ATTEST: 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: City Attorney Dated: \/\\/\ [Signatures Continued on Page 6] 5 CITY OF BUENA PARK Dated: By: Mayor ATTEST: City Clerk 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: [Signatures Continued on Page 7] City Attorney Dated: 6 Dated: '^MiS' ATTEST: City Clerk APPROVED AS TO FORM: Dated: "/-^ Y'^ CITY OF CYPRESS NOTICE TO CITY TO BE GIVEN TO: City Manager City of Cypress 5275 Orange Avenue Cypress, CA 90630 Phone: (714)229-6688 Fax: (714)229-6682 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 / The City of DWa Point ccinsidered the amendment on 09/15/15 and took a position of opposition. 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:. Dated: [Signatures Continued on Page 10] The City of Irvine opted to not schedule the item for its consideration, since the amendment had already passed by the required number of votes. 9 Dated: July 7. 2015 ATTEST: 3^ Laurie A. Murray, CMC tity Clerk CITY OF LA PALMA By:. Peter L. Kim Mayor NOTICE TO CITY TO BE GIVEN TO: City Manager City of La Palma 78li Walker Street La Palma, CA 90623 Phone: (714) 690-3333 Fax: (714) 523-7351 APPROVED AS TO FORM: By* ilje Moiko Assistant City Attorney Dated: July 7, 2015 1097988.3 10 Dated: ATTEST: City Glerk ^ NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Hills 240B5 EI Toro Road Laguna Hills, CA 92653 Phone; (949) 707-2600 Fax: (949)707-2614 APPROVED AS TO FORM: Bv: ^<Z-^X<Z City Attorney Dated: 10979883 11 CITY OF LAGUNA NIGUEL Dated: / 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: [Signatures Continued on Page 13] 12 Dated: ^^^^1^ By: ^hQw^ S QjVw^^-^^ Cynthia S. Conners Mayor ATTEST: YdiefTrippy U <Ji rnppy Dk)6ty City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Woods 24264 El Tore Road Laguna Woods, CA 92637 Phone: (949) 639-0500 Fax: (949) 639-0591 APPROVED AS TO FORM: Bv: ^rS^)/tX Ccm^ David B. Cosgrove City Attorney Dated: 1097988.3 13 CITY OF LAKE FO Dated: ^'f^'^^^^ By: TA^ ATTEST: 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: Mayor By: ^^-TC^Znb/ 7^ City Attorney Dated:^ [Signatures Continued on Page 15] 14 CITY OF LOS ALAMITOS Dated: By: , Mayor / ATTEST: / City Clerk 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: / [Signatures Continued on Page 16] While scheduled for consideration at its 07/21/15 meeting, the City of Los Alamitos took no action on this amendment. 15 CITY OF MISSION VIEJO Dated; v Cathy Schlicht, Mayor ATTEST: i>»t4^ Karen Hamman, City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Mission Viejo 25909 Paia, Suite 150 Mission Viejo, CA 92691 Phone: (949) 470-3000 Fax: (949)859-1386 APPROVED AS TO FORM: William P. Curley, City Attorney [Signatures Continued on Page 17] 16 NOTICE TO CITY TO BE GIVEN TO: Acting City Administrator City of Placentia 401 E. Chapman Placentia, CA 92870 Phone: (714)993-8117 Fax:- (714)961-0283 Andrew V. Arczynsk^ City Attorney Dated: 17 ITA MARGARITA 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: City Attorney Dated: [Signatures Continued on Page 19] 18 Dated: l^l- ATTEST: NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Ciemente 100 Avenida Presidio San Ciemente, CA 92672 Phone: (949) 361-8322 Fax: (949) 361-8283 APPROVED AS TO FORM: City Attorney Dated: T|g-S^/tr Mayor 19 THIRD AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY FIRE AUTHORITY NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Juan Gapistrano 32400 Paseo Adeianto San Juan Gapistrano. CA 92675 Phone: (949)443-6315 Fax: (949) 493-1053 APPROVED AS TO FORM: City Attorney Dated: Oc i . fO . yOl\~ [Signatures Continued on Page 21] 20 Dated: ATTEST: CITY OF SANTA ANA By:. David Cavazos City Manager Maria D. Huizar Clerk of the Coun( NOTICE TO CITY TO BE GIVEN TO: City Manager City of Santa Ana 20 Civic Center Piaza Santa Ana, CA 92701 Phone: Fax: (714)647-5200 (714)647-6956 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (LT^^ %J f;A^.y.^ QQ\\X\. Funk Assistant City Attorney Dated: [Signatures Continued on Page 22] 21 CITY OF SEAL BEACH Dated: ^r\/p^A/yy Mayor ATTEST: V'lyy-fO City Clerk NOTICE TO CITY TO BE GIVEN TO: Cily Manager City df Seal Beach 211 8* Street Seal Beach, CA 90740 Phone: (562)431-2527 Fax: (562) 431-4067 T^^' APPROVED AS TO FORM: City Attorney [Signatures Continued on Page 23] 22 CITY OF STANTON Dated: O^f/'^Uofs' NOTICE TO CITY TO BE GIVEN TO: City Manager City of Stanton 7800 Katella Avende Slariton, CA 90680 Phone: (714) 379-9222 Fax: (714)890-1443 APPROVED AS TO FORM: Mayor B.v: ^T^o^Jiiir^/JO City Attorney Dated: n^^f/s/ui^s' [Signatures Continued on Page 24J 23 Dated: ATTEST: Parker CITYOFTUSTJ Charles E. Puckett Mayor NOTICE TO CITY TO BE GIVEN TO: Gity Manager Gity of Tustin 300 Centennial Way Tastin, CA 92780 Phone: (714)544-8890 Fax: (714) 832-0825 APPROVED AS TO FORM: David E. Kendig City Attorney Dated: 7/7 [Signatures Continued on Page 25] 24 Dated: Diana C. Fascenelli Mayor .y ATTEST: 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: Todd O. Ltifin City Attorney Dated: [Signatures Continued on Page 26] 25 CITY OF WESTMINSTER Dated: 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: [Signatures Continued on Page 27] 26 CITY OF YORBA LINDA Dated: Mayor ATTEST: 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: City Attorney 27 Orange County Fire Authority Member Agency Meetings 2015 Third Amendment to Amended JPA (Board Alternates) Agency Scheduled Meeting Agenda Placement Agency Scheduled Meeting Agenda Placement Vote Comments 1 Villa Park Monday, July 6, 5 pm Item 1 - Discussion 5-0 Approved 2 Mission Viejo Monday, July 6, 6 pm Item 31 - Discussion 5-0 Approved 3 Santa Ana Tuesday, July 7, 5:45 pm Item 55E - Discussion 6-0 Approved Reyna absent 4 San Ciemente Tuesday, July 7, 6 pm Item M - Consent 5-0 Approved 5 La Palma Tuesday July 7, 7 pm Item 12 - Discussion 5-0 Approved 6 Laguna Niguel Tuesday, July 7, 7 pm Item 5 - Consent 5-0 Approved 7 Lake Forest Tuesday, July 7, 7 pm Item 18 - Discussion 3-1 Approved Nick voted no; Voigts absent 8 Placentia Tuesday, July 7, 7 pm Item 1.1 - Consent 3-1 Approved Wanke voted no; Underbill absent 9 Tustin Tuesday, July 7, 7 pm Item 13 - Discussion 5-0 Approved 10 Laguna Woods Wednesday, July 8, 3:30 pm Item 8.1 - Discussion 5-0 Approved 11 Rancho Santa Marg. Wednesday, July 8, 7 pm Item 7.2 - Discussion 4-0 Approved Beall absent 12 Westminster Wednesday, July 8, 7 pm Item 8.1 - Discussion 5-0 Approved 13 Cypress Monday, July 13, 7 pm Item 4- New Bus. 4-0 Approved Yarc absent 14 Buena Park Tuesday, July 14, 5 pm Item 13-New Bus. 5-0 Approved 15 Stanton Tuesday, July 14, 6:30 pm Item 9F - Consent 5-0 Approved 16 Laguna Hills Tuesday, July 14, 7 pm Item 3.8 - Consent 5-0 Approved 17 Los Alamitos Tuesday, July 21, 6 pm Item 81 - Consent No Action Per Minute Excerpt 18 County Tuesday, July 21, 9:30 am Item 20 - Discussion 4-1 Rejected Nelson supported 19 Yorba Linda Tuesday, July 21, 6:30 pm Item 9 - Consent 5-0 Approved 20 San Juan Caplstrano Tuesday, July 21, 6 pm Item 1.2 - Manic 5-0 Approved 21 Seal Beach Monday July 27, 7 pm Item F - Consent 5-0 Approved 22 Aliso Viejo Wednesday, August 5, 7 pm Item 6 - Consent 4-0 Approved Tsunoda absent 23 Dana Point September 15 Item 11 - Consent 0-5 Opposed 24 Irvine TBD 4 pm TBD No Action Clerk provide email that since amend passed vote unnecessary to agendize XX = Will consider next week Redline = JPA Approved with required 2/3 vote by 16 member agencies As of October 15, 2015