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HomeMy WebLinkAboutCC Res 6419 2013-10-28 RESOLUTION NUMBER 6419 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A SECOND AMENDMENT TO THE AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AUTHORITY AGREEMENT MODIFYING THE JOINT FINANCING OF FIRE SERVICES WITH NO FINANCIAL IMPACT ON SEAL BEACH AND AUTHORIZING THE CITY ATTORNEY TO JOIN IN A VALIDATION ACTION REGARDING THE AMENDMENT RECITALS A. The Orange County Fire Authority (OCFA) was formed in 1995 to provide regional fire protection and related services ("Fire Services") to the County of Orange and 18 member cities, and the City of Seal Beach ("Seal Beach") is an original member of the Joint Powers Authority Agreement (JPA). Subsequent to formation of the OCFA, 5 additional cities have become members of the OCFA. B. The original JPA was replaced by the Amended Joint Powers Authority Agreement (1999 Amended Agreement) in 1999, which was subsequently amended in 2010 by the First Amendment to the Amended JPA Agreement. C. OCFA member agencies pay for fire and emergency medical services through two different pay structures, and thus members have been grouped into one of the following categories depending on their pay structures: "Cash Contract members" or Structural Fire Fund (SFF) members. Seal Beach is a Cash Contract member. D. The OCFA has periodically studied the extent to which the revenue received from a member agency bears a reasonable relationship to the cost of service that a member receives, especially the amounts paid by SFF members. In March 2012, SFF member City of Irvine renewed its concerns about such equity issues. E. In response, the OCFA formed an Ad Hoc Equity Committee for the purposes of studying such equity issues. Guiding principles adhered to during discussions of potential equity solutions included the following: • Identifying a solution which is feasible within OCFA's financial framework; and • Identifying a solution which can be supported by OCFA member agencies, including Irvine; and • Continuing to provide excellent service to all OCFA members; and • Gaining long-term organizational stability. F. The Committee has recommended that the JPA be amended to resolve the equity issue, without increasing the annual service charges to Cash Contract members, including Seal Beach. G. Any amendment to the JPA requires approval from two-thirds of the members in order to become effective (16 of OCFA's 24 member agencies). Resolution Number 6419 NOW THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: Section 1. The City Council hereby approves the Second Amendment to the Amended Orange County Fire Authority Joint Powers Agreement ("Second Amendment") and authorizes and directs the City Manager to execute the Second Amendment on the City's behalf. Section 2. The City Council hereby authorizes the City Attorney to join in a validation action brought by the Orange County Fire Authority to obtain a judicial declaration of the validity of the Second Amendment. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October , 2013 by the following vote: AYES: Council Members ., :A•.S I _ .44/ NOES: Council Members foir, ABSENT: Council Members y��,/ ABSTAIN: Council Members v/ UI - kt tMayor [ ATTEST: $O„—,,, F,� F \���RPORj � TFO q�yl,4 al 1141 4 44 • 4,ALf Jai ity lerk St<e 5Q_03 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6419 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October , 2013. La City lerk