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Authority Agreement ("1999 Amended Agreement") which superseded all prior agreements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
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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
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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.
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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.
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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]
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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
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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.
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/
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.
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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]
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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]
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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.
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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]
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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]
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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
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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]
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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]
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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
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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]
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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]
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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]
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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
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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