HomeMy WebLinkAbout55A - WITHDRAW A HAZARDOUS MATERIALSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 19, 2012
TITLE:
NOTICE OF INTENT TO WITHDRAW AS A
HAZARDOUS MATERIALS PROVIDER
AGENCY TO THE ORANGE COUNTY-CITY
HAZARDOUS MATERIALS RESPONSE
AUTHORITY
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing 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).
DISCUSSION
The City of Santa Ana is a Provider Agency with the OCCHMERA, a Joint Powers Authority. Provider
agencies in the County are those fire agencies that provide Hazardous Materials team services to
jurisdictions that do not have teams. The recent decision to outsource the fire department to the
Orange County Fire Authority necessitates the adoption of a Resolution to withdraw from
OCCHMERA and terminate all obligations under the current agreement.
FISCAL IMPACT
Revenue account 01115002-53506 Hazard Materials JPA Reimbursement will dissolve. The revenue
varies each fiscal year depending on the response load. Historically, fiscal revenue is less than
$20,000.
Francisco Gutierrez
Executive Director" J
Finance & Management Services Agency
55A-1
55A-2
ROH: 03/19/12
RESOLUTION NO. 2012-xx
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.
55A-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 day of , 2012.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph A. Straka, Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
ABSTAIN
Councilmembers:
Councilmembers:
Councilmembers:
NOT PRESENT: Councilmembers:
55A-4
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the
attached Resolution No. to be the original resolution adopted by
the City Council of the City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
55A-5
55A-6