15-0804_ORANGE COUNTY FIRE AUTHORITY_Joint Powers Authority Agr Thrid Amd32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
(949) 4931053 FAx
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TRANSMITTAL
TO:
OC FA
Attn: Clerk's Office
P.O. Box 57115
Irvine, CA 92619-7115
DATE: August 13, 2015
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
KERRY K. FERGUSON
PAM PATTERSON, ESQ.
JOHN M. PERRY
DEREK REEVE
RE: Third Amendment to Amended Joint Powers Authority Agreement (Orange County Fire
Authority)
Two (2) original agreements are enclosed. Once the final signatures are received, please
return 1 original agreement to my attention at City of San Juan Capistrano, City Clerk's Office
at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
If you have questions concerning the agreement, please contact Tom Bokosky, Human
Resources Manager at (949) 443-6321.
Cc: Tom Bokosky, Human Resources Manager
San .Tuan Capistraizo: Preserving the Past to Enhance the Future
Q�� Printed an 100% recycled paper
THIRD 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 Clemente, San Juan Capistrano, Santa Ana, Sea[ 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").
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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WHFREAS, on July 1, 2020, the members entered into a First Amendment to the
Amended Joint mowers 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 1$, 2033, the members entered into the Second Amendment
to the Amended Joint lowers 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 11, Section Z of the 1999 Amended Agreement shalt be amended to read as
fellows:
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 shall 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.
ve
- Each Director shall serve
at the pleasure of his or her appointing body anti• 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 With approval of the Board, a Director u- ,
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may he reirnbursed for reasonable expenses incurred in the conduct of the
business of the Authority
2. Article Ji, Section S of the 19.99 Amended Agreement shall be amended to read as
foNows:
5, Quorum; doting. A majority of the Directors shall Constitute a
quorum for the purpose of the transaction of business relating to the Authority.
Each Director 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.
Mayor Derek Reeve
City of San Juan Capistrano
Q�
Maria Morris, City Clerk
City of San Juan Capistrano
Jeff Ballinger, City Attorney
City of San Juan Capistrano
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Orange County Fire Authority