A-1997-095A - Laserfiche WebLink

Home Browse Search

AGREEMENT BETWEEN THERUNTY OF ORANGE AND THE • CITY OF SANTA ANA FOR THE INTERIM IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS while the City, County and CaVEPA work to resolve their differences informally or through legal action; and WHEREAS, all parties acknowledge that the community, including the business community, will encounter additional financial and practical burdens should the County or City take full control of all CUPA functions and a subsequent court decision issue that has the effect of re -transferring the duties between the County and City; WHEREAS, the City of Santa Ana is currently contesting the decision of the State of California Environmental Protection Agency to deny certification to the City as the Certified Unified Program Agency for the City of Santa Ana and is seeking, inter alia, a declaration of the court as to the meaning and intent of the CUPA legislation, in a complaint and petition for writ of mandate captioned City of Santa Ana r. State of California; California Environmental Protection Agency; James M. Strock, in his official capacity as Secretary; County of Orange and Orange County Health Care Agency as Real Parties in Interest, Case No. 781849, Orange County Superior Court, ("lawsuit"); and WHEREAS, H & S Code Section 25404.1(b)(3) authorizes a County to enter into formal agreements with other qualified public agencies to implement and enforce certain elements of the Unified Program, and WHEREAS, the County wishes to have the City, and the City wishes to continue to implement and enforce the following requirements in all territory within the jurisdiction of the City: H & S Code Division 20, Chapter 6.95, Articles 1 and 2; H & S Code Division 20, Chapter 6.7 and Subdivisions (b) and (c) of section 80.103 of the Uniform Fire Code, as adopted by the State Fire Marshall pursuant to section 13143.9 of the H & S Code; and NOW, THEREFORE, the parties hereto mutually agree as follows: AGREEMENT Nothing in this Agreement is intended to or will in any manner prevent or compromise the City's ability to move forward on its lawsuit to determine its right to be certified as the CUPA in the City of Santa Ana; nor to pursue certification as the CUPA in the City of Santa Ana through legislation or other means that may become available. Nor will the existence of this agreement be referred to, used, or commented upon by the parties or by the State, or the County in the above referenced lawsuit relating to CUPA issues, except as otherwise directed or ordered by the court. 2. Program Elements to be Administered by the County The County, acting as the CUPA, shall continue to administer the following program elements relating to the following facilities and operations in all territory with its jurisdiction. City Attorney Page 2 09/12/97