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HomeMy WebLinkAbout2012-008 - The Orange County-City Hazardous Materials Emergency Response AuthorityROH: 03/19/12 RESOLUTION NO. 2012-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE WITHDRAWAL OF THE CITY OF SANTA ANA AS A HAZARDOUS MATERIALS PROVIDER AGENCY TO THE ORANGE COUNTY-CITY HAZARDOUS MATERIALS EMERGENCY RESPONSE AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The County of Orange and the Cities of Anaheim, Huntington Beach, Newport Beach, and Santa Ana initially entered into a Joint Powers Agreement creating the Orange County-City Hazardous Materials Emergency Response Authority (OCCHMERA). Subsequently, the Orange County Fire Authority (OCFA) was formed and became a provider member in place and instead of the County of Orange, and Newport Beach elected to withdraw as a provider, thus leaving the OCFA and the cities of Anaheim, Huntington Beach, and Santa Ana as the current membership of the Authority. B. The Provider Agencies of the OCCHMERA provide hazardous materials emergency response services throughout the County. The expenses of the Provider Agencies are partially offset by revenue from agencies, persons, and entities receiving service, those responsible for the emergency, and grant programs. C. On March 5, 2012, the City of Santa Ana entered into a contract to outsource the Fire Department and related services to the OCFA. As a result, the City of Santa Ana can no longer participate in the OCCHMERA. Thus, the City of Santa Ana must withdraw from the Authority and terminate all obligations under the current agreement. D. Pursuant to section 8.2 of the Joint Exercise of Powers Agreement of the OCCHMERA, withdrawal from the Authority requires written notice and a Resolution or Minute Order from the governing body of the Provider Agency authorizing the withdrawal. Resolution No. 2012-008 Page 1 of 3 E. This matter came before the City Council of the City of Santa Ana at its regular meeting of March 19, 2012. The City Council considered all testimony, written and oral, before rendering this decision. Section 2. The City Council of the City of Santa Ana hereby approves and authorizes and empowers the City Manager to execute on behalf of the City of Santa Ana all actions necessary to withdraw as a Provider Agency and to terminate all obligations to the Orange County-City Hazardous Materials Emergency Response Authority (OCCHMERA). Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19th day of March 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Rya d e Assi t t Ci Attorney YES: Councilmembers: Alvarez. Bustamante. Tinaiero. Pulido (4) NOES: Councilmembers: None (O) ABSTAIN: Councilmembers: None (O) NOT PRESENT: Councilmembers: Benavides. Martinez. Sarmiento (3) Resolution No. 2012-008 Page 2 of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2012-008 to be the original resolution adopted by the City Council of the City of Santa Ana on March 19, 2012. Date: 3/?-?/.? viZ ` GL?..s? ? . .? Clerk of Council City of Santa Ana Resolution No. 2012-008 Page 3 of 3