HomeMy WebLinkAboutCC 3 EMERG RESPONSE 10-07-91s
CONSENT CALENDAR NO. 3
AMA�, 10-7-91
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SEPTEMBER 25, 1991 i n t e r- Co m
WILLIAM A. HUSTON, CITY MANAGER
RONALD A. NAULT, DIRECTOR OF FINANCE
RESOLUTION NO. 91-125 REGARDING THE ORANGE COUNTY -CITY
i1BJE J. HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY AND ASSIGNING
CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY
RECOMMENDATION:
Adopt Resolution No. 91-125 regarding the Orange County -City
Hazardous Material Emergency Response Authority and assigning
certain recovery rights to said authority.
DISCUSSION:
Recognizing the need for hazardous material emergency response
capabilities and, the extremely high cost of capitalizing the
recovery equipment, the cities of Santa Ana, Anaheim, Huntington
Beach, Newport Beach and the County of Orange Fire Department
formed a Joint Powers Authority (JPA), to provide these services
countywide on a cost recovery basis. The cost recovery is intended
to be born by the initiator of the emergency response.
The JPA requires each agency member as well as all other County
agencies to adopt resolutions authorizing the JPA to recover their
costs directly from responsible parties. Resolution No. 91-125
assigns authority to the JPA to recover their costs directly but,
does not preclude the City of Tustin from processing recovery for
our incurred direct costs. The services provided by the JPA are
included in the City's contract to provide fire protection services
with the County of Orange Fire Department.
Ro d A. Na.ult
Director of Finance
Attachment
a:hazrdrso.er
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RESOLUTION NO. 91-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA REGARDING THE, ORANGE COUNTY -CITY HAZARDOUS
MATERIAL EMERGENCY RESPONSE AUTHORITY AND ASSIGNING
CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY
WHEREAS, the City of Tustin contracts for services from the
Orange County Fire Department with respect to fire fighting,
rescue, fire prevention and emergency medical services; and
WHEREAS, the Orange County Fire Department augmented its
services to make hazardous material emergency response teams
available to the City of Tustin; and
WHEREAS, the County of Orange and the cities of Newport Beach,
Huntington Beach, Santa Ana and Anaheim ("Provider Agencies"),
contributed to the Authority their hazardous material emergency
response teams for a countywide effective and efficient system of
response; and
WHEREAS, the Authority will now provide hazardous material
emergency response services to its public agencies with the
combined resources of the provider agencies; and
WHEREAS, the Authority will provide hazardous material
emergency response services to the City of Tustin without charge;
and
WHEREAS, all public agencies which receive hazardous material
emergency response services from the Authority must assign their
interests in collection of costs incurred by the Authority from
persons or entities responsible for the hazardous material
emergency response services; and .
NOW, THEREFORE, BE IT RESOLVED that the City of Tustin assigns
to the Orange County -City Hazardous Material Emergency Response
Authority its rights, title and interest in and to any claim or
cause of action it may have by reason of its contract membership in
the Authority against any person or entity responsible, in whole or
in part, for any hazardous material emergency to which a provider
agency has responded. This assignment includes the right to
collect the reasonable value of all services performed by provider
Agency/Authority and the right to recover punitive damages,
penalties, or statutory enhancements to the extent provided by law.
This assignment is limited solely to actions taken by the
Authority in response to said emergencies and does not in any way
preclude Tustin's right to recover costs Tustin may independently
incur in responding to said emergencies.
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PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the day of , 1991.
Mary E. Wynn, City Clerk
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Charles Puckett, Mayor
1 RESOLUTION CERTIFICATION
2 STATE OF CALIFORNIA )
COUNTY OF ORANGE
3 CITY OF TUSTIN )
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RESOLUTION NO.
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6 Mary E. Wynn, City Clerk and ex -officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
7 whole number of the members of the City Council is five; that the
above and foregoing Resolution was duly and regularly
8 passed and adopted at a regular meeting of the City Council held on
9 the day of 1991 by the following vote:
10 COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
11 COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
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14 Mary E. Wynn, City Clerk
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JRS: cas: R:09n3/91(W65)
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