HomeMy WebLinkAboutCC AG PKT 2015-07-27 #F AGENDA STAFF REPORT
DATE: July 27, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: THIRD AMENDMENT TO OCFA JOINT POWERS
AUTHORITY AGREEMENT
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6585 approving the Third Amendment
to the Orange County Fire Authority amended Joint Powers Authority Agreement
and authorizing the Mayor to execute the Amendment on behalf of the City.
BACKGROUND AND ANALYSIS:
The Orange County Fire Authority (OCFA) was formed in 1995 to provide
regional fire protection and related services to the County of Orange and 18
member cities. Subsequent to formation, six additional cities have become
members of the OCFA. The original Joint Powers Authority (JPA) Agreement
was amended on September 23, 1999, and renewed in 2010 by the First
Amendment, which provided for a term that runs through 2030. In 2013, OCFA's
members approved a Second Amendment to the Amended JPA, which amended
several provisions to promote financing equity among the members.
Purpose of the Third Amendment
Since formation of the OCFA in 1995, the JPA Agreement has provided for each
member agency to have representation on the Board of Directors. This provision
was key to the formation of the OCFA, as discussed in an early feasibility study
in 1991 regarding the formation of a regional Orange County Fire agency, which
stated:
"Provide equal agency representation on a governing board, regardless of
participant size, to address cost, expenditure, equity, and service level
issues."
In addition to providing for each member agency to appoint a representative to
act as its Director on the OCFA Board, the JPA Agreement also provides for
each member agency to appoint an alternate to act in that agency's Director's
absence.
Agenda Item F
At the June 23, 2015 OCFA Board meeting, AB1217, which would reduce
member agency representation on the OCFA Board, was discussed. A majority
of the Board concluded that representation of every member agency on the
Board remains critically important; however, a majority of the Board also
concluded that the provision for alternate Directors could be eliminated. OCFA's
primary Directors have a long history of good attendance at Board meetings.
When a Director is occasionally unable to attend, they rarely request their
alternate to attend on their behalf since the alternate may be less informed on the
complex or sensitive topics for consideration.
As a result of this dialogue, the OCFA Board of Directors directed the General
Counsel to (1) draft a proposed amendment to the JPA Agreement, which would
eliminate alternate directors and (2) after OCFA Board approval of the form of the
amendment, submit the proposed to the governing bodies of OCFA's member
agencies for actual approval. Per this direction, OCFA's General Counsel
drafted the Third Amendment, amending Article II, Sections 2 and 5 of the 1999
Amended JPA Agreement. The OCFA Board of Directors approved the form of
the amendment at a Special Meeting on July 1, 2015 (Attachment 2).
In order to become effective, the Third Amendment must be approved by at least
two-thirds (e.g. 16 of 24) of the member agencies' governing bodies. Staff is
recommending the City Council adopt the Resolution (Attachment 1) to approve
the Third Amendment to the Joint Powers Authority Agreement and authorize the
Mayor to execute on behalf of the City.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form,
FINANCIAL IMPACT:
There is no fiscal impact associated with this action,
RECOMMENDATION:
That the City Council adopt Resolution No. 6585 approving the Third Amendment
to the Orange County Fire Authority amended Joint Powers Authority Agreement
and authorizing the Mayor to execute the Amendment on behalf of the City.
Page 2
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill kAngrarn, City Manigbr
Assistant City Manager
Attachments:
1. Resolution No. 6585
2. Third Amendment to Amended Joint Powers Authority Agreement
Page 3
RESOLUTION NUMBER 6585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, APPROVING THE THIRD
AMENDMENT TO THE ORANGE COUNTY FIRE AUTHORITY
AMENDED JOINT POWERS AUTHORITY AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF
THE CITY
THE CITY COUNCIL OF THE CITY OF SEAL BEACH FINDS THAT:
WHEREAS, the Orange County Fire Authority(OCFA) is a California Joint
Powers Authority (JPA) that was formed in 1995 to provide regional fire
protection and related services to the County of Orange and its member cities;
WHEREAS the original JPA agreement was amended by an "Amended
Joint Powers Authority Agreement" ("Amended JPA Agreement") on
September 23, 1999 and the Amended JPA Agreement was subsequently
amended;
WHEREAS, the City of Seal Beach is a member of the OCFA and is
represented on the OCFA Board by a Director selected by the Seal Beach City
Council;
WHEREAS, in addition to appointing a Director on the OCFA Board, the
Amended JPA Agreement provides for each member to appoint an alternate to
act in the Director's absence;
WHEREAS, the OCFA Board has requested that the City Council
consider the attached "Third Amendment to Amended Joint Powers Authority
Agreement"to eliminate alternate Board members;
WHEREAS, when a Director is occasionally unable to attend, they rarely
request their alternate to attend on their behalf since the alternate may be less
informed on the complex or sensitive topics for Board consideration; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEAL BEACH THAT the Council approves and authorizes the
Mayor to execute the "Third Amendment to Amended Joint Powers Authority
Agreement" attached hereto.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a
regular meeting held on 27th day of July, 2015 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST: Mayor
City Clerk
Resolution Number 6585
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6585 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council at a
regular meeting held on the 27th day of Jam, 2015.
City Clerk IT�. ....ITIT__.___......
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, 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").
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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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 and 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 11, 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 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. ppokq* an
he so, Each Director 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 With approval of the Board, a Director �e
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may be reimbursed for reasonable expenses incurred in the conduct of the
business of the Authority.
2. Article 11, Section 5 of the 1999 Amended Agreement shall 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 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.
1097988.3