Resolution Number 90-3-6-4W11
RESOLUTION NO. 90-3-6-4
RECOVERING COST FOR HAZARDOUS MATERIAL INCIDENTS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING ORANGE
COUNTY -CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE
AUTHORITY TO RECOVER COST FOR HAZARDOUS MATERIAL
INCIDENTS
WHEREAS, the City of San Juan Capistrano contracts for services from the
Orange County Fire Department with respect to firefighting, 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 San Juan
Capistrano; and,
WHEREAS, on November 28, 1989, the County of Orange became a member of
the Orange County -City Hazardous Material Emergency Response Authority, a joint
powers agency; 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 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 San Juan Capistrano 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.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. The City of San Juan Capistrano hereby assigns to the Orange County -
City Hazardous Material Emergency Response Authority all of its right, title and interest
in and to any claim or cause of action 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 shall include, without limitation, the right to recover the
value of in-kind contributions made by the County of Orange to the Authority pursuant to
this Agreement, the right to collect the reasonable value of all services performed by the
Provider Agency/Authority, and the right to recover punitive damages, penalties, or
statutory enhancements to the extent provided by law.
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2. The City of San Juan Capistrano also hereby assigns to the Authority, for
collection only, the right to collect the costs incurred in providing police, fire and other
support services necessary or appropriate to assist the Hazardous Material Emergency
Response Team in resolving the emergency or to contain or cleanup hazardous material.
It is understood that the Authority shall, at no cost to the City of San Juan Capistrano,
endeavor to collect all money to which the City is entitled, in the same manner and at
the same time as the Authority pursues collection of its costs, and shall pay over all
funds to which the City of San Juan Capistrano is entitled within thirty (30) days of
receipt.
PASSED, APPROVED, AND ADOPTED this 6th day
of March ,1990.
ANTHONY L. rND, MAYOR PRO TEM
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 90-3-6-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of March , 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim and Bland
NOES: None
ABSENT: Mayor Hausdorfer
(SEAL)
MARY ANN PAN ER, CITY CLERK
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