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HomeMy WebLinkAboutORANGE COUNTY HEALTH CARE AGENCY/ENVIRONMENTAL HEALTH DIVISION/CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) - 1997-07-07 Attachment B FIRST AMENDMENT TO AGREEMENT FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH THIS FIRST AMENDMENT TO AGREEEMENT entered into this lay of L .i L 2005, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE HEALTII CARE AGENCY, ENVIRONMENTAL HEALTH DIVISION (COUNTY) and TI IE CITY OF HUNTINGTON BEACH (CITY), whereby the parties agree to amend that certain Agreement for the Implementation of Unified Program Element Requirements, dated July 7, 1997 (AGREEMENT). 1. Section 1 of the AGREEMENT1' is amended to read as follows: "Program Elements to be Administered by the County The County, acting as the CUPA, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction. A. The Hazardous Waste Generator Program, H&SC, Division 20. Chapter 6.5; B. The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67, Section 25270.5(c); C. The Underground Storage Tank Program, H&SC, Division 20, Chapter 6.7; and D. The California Accidental Release Prevention Plan Program, H&SC, Division 20, Chapter 6.95. Article 2." 2. Section 2 of the AGREEMENT is amended to read as follows: "Prop-ram Elements to be Administered by the Citv The City, acting as a Participating Agency, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction: A. The Hazardous Material Release Response Plans and Inventory Program, pursuant to H&SC. Division 20, Chapter 6.95, Article 1; and B. The Hazardous Materials Management Plan and the I iazardous Materials Inventory Statement requirements,pursuant to Uniform Fire code, Part 7, Article 80, Section 8001.3.2 and section 8001.3.3. as adopted by the State Fire Marshal pursuant to H&SC Section 13143.9. to the extent implemented by the City." In all other respects,the terms of the AGREEMENT not specifically changed by this First Amendment shall remain in full force and effect. 1 of 2 Attachment B L . IN WITNESS WHEREOF,the parties have executed this First Amendment to Agreement,in the County of Orange, State of California. CITY OF HUNTINGTON BEACH f BY: /� ` DATED: Nouern er 71. 2005 Dave Sullivan Mayor Pro Tem - ATTEST: BY: l% ye,jaxJ _ DATED:='Novembev 91 _ 2005 _ oan L.KynA City.Clerk APPROVED AS TO FORM: CITY ATTORNEY BY: DATED: 2005 TITLE: LTV !4'ffDrYlc� COUN F N BY: DATED:_ -oZD 'OS Supervisor ' 1 Campbell, Chairman Orange County Board of Supervisors, P District SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: BY: DATED:_ l02 'o2O Darlene J.Bloom Clerk of the Board of Supervisors o Orange County,California APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: DATED: .. S U bEPLIfY 2 of 2 CITY OF HUNTINGTON BEACH Le" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 18,2005 County of Orange,Health Care Agency Environmental Health Division 1241 E. Dyer Rd. #120 Santa Ana, California 92705 Attn: Pearl Dear Pearl The City Council of the City of Huntington Beach at the regular meeting held on November 7,2005, approved first amendment of the enclosed agreement between the city and the County of Orange for implementation of unified program element requirements (Cal-Arp). When this agreement is executed,please send a copy to Joan L.Flynn,City Clerk, City of Huntington Beach, California 92648 for our records. Sincerely, lige-) Joan L.Flynn City Clerk Enclosure: Agreement JF:pe G:fo11owup:agrmtltr/CoAging/j c (Telephone:714536-5227) ` 6 C,)(.6,_ b ' RECEIVED CITY OF HUNTINGTON"BEAC 1005 NOV - I PM 2: 25 MEETING DATE: November 7, 2005 DEPARTMENT ID NUMBER: 6CF V K 1411UTINGTOM-BEACH Council/Agency Meeting Held: Deferred/Continued to: dApproved ❑ Conditionally Approved ❑ Denied City Clerk's Si§' ature Council Meeting Date- November 7, 2005 Department ID Number: FD 05-014 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY OU CIL MEMBERS �D SUBMITTED BY: PENEL E C BRETH- RAF , City edministrator I PREPARED BY: DUANE OLSON, Fire Chief SUBJECT: ADOPTION OF AMENDME TO AGREEMENT FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The attached amendment to the agreement with the County of Orange for implementation of the California Accidental Release Prevention Program (Cal- ARP) is proposed for adoption. Funding Source: A charge of$1,491 to the City's Water Fund (account 50685801.79025) will be required. Recommended Action: MOTION TO: Approve and authorize the Mayor and City Clerk to execute the attached amendment to the agreement with the County of Orange for implementation of the unified program element requirements for the Cal-ARP Program. Alternative Action(s): Do not approve the amendment to the agreement, which would require a significant amount of Fire Department staff time to manage the Cal-ARP Program. Analysis: Currently, the Huntington Beach Fire Department administers the Califomia Accidental Release Prevention Program (Cal-ARP). This program regulates businesses that use hazardous materials that present a significant environmental hazard if accidentally released. FD05 014 Adopt Amendment to Agreement with County of Orange for Cal-ARP Program 11I112005 1:30 PM REQUEST FOR COUNCIL ACTION MEETING DATE: November 7, 2005 DEPARTMENT ID NUMBER: FD 05-014 At this time, City Council approval is requested to transfer the program to the County of Orange Health Care Agency Environmental Health Division (OCHCA). This request is based on the significant amount of staff time required to maintain the program within the city. In addition, the OCHCA maintains significant staff expertise in this area. The only fiscal impact this change would have for the City is an OCHCA charge of $1,491 to the Public Works Department Water Division. This fee is charged to all organizations with accidential release hazards present. The transfer of this program would have no adverse impacts to the city's business community. It would also provide additional hours for city staff to concentrate on higher priority projects. Environmental Status: Not applicable. Attachmentll: NumberCity Clerk's Page Description 1. 1 Amendment to Agreement for Implementation of Unified Program , Element Requirements with t�Coun of Orange q . RCA Author: Olson/Engberg/Smythe/Justen FDOS 014 Adopt Amendment to Agreement with County of Orange for Cal-ARP Program 11/1/2005 1:30 PM FIRST AMENDMENT TO AGREEMENT FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN . COUNTY OF ORANGE AND CITY OF I[UNTINGTON BEACI[ THIS FIRST AMENDMENT TO AGREE:EMENT entered into this day of 2005, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE HEALTII CAR-: AGENCY, ENVIRONMENTAL HEALTH DIVISION (COUNTY) and THE CITY OF HUNI•INGTON BEACH (CITY), whereby the parties agree to amend that certain Agreement for the Implementation of Unified Program Element Requirements, dated July 7, 1997 (AGREEMENT). 1. Section l of the AGREEMENT is amended to read as follows: "Program Elements to be Administered by the County The County, acting as the CUPA, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction. A. The I iazardous Waste Generator Program, H&SC, Division 20, Chapter 6.5; 11. The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements, I[&SC, Division 20, Chapter 6.67, Section 25270.5(c); C. The Underground Storage"Tank Program, H&SC, Division 20, Chapter 6.7; and D. The California Accidental Release Prevention Plan Program, I-I&SC, Division 20, Chapter 6.95, Article 2." 2. Section 2 of the AGRLI;MENT is amended to read as follows: "Pro ram Elements to be Administered by the City The City, acting as a Participating Agency, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction: A. The Hazardous Material Release Response Plans and Inventory Program, pursuant to H&SC, Division 20, Chapter 6.95, Article l; and B. The Hazardous Materials Management Plan and the Hazardous Materials Inventory Statement requirements, pursuant to Uniform Fire code, Part 7, Article 80, Section 8001.3.2 and section 8001.3.3, as adopted by the State Fire Marshal pursuant to H&SC Section 13143.9, to the extent implemented by the City." In all other respects, the terms of the AGREEMENT not specifically changed by this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement, in the County of Orange, State of California. CITY OF HUNTINGI'ON BEACH BY: l,g.�•ti _ DATED: �- O Dave Sullivan Mayor Pro Tern ATTEST: BY: DATED: 0 Joan L. Flynn City Clerk APPROVED AS TO FORM: CITY A'I"I'ORNEY DATED: TIT E: I COUNTY OF ORANGE BY: DATED: Supervisor Bill Campbell, Chairman Orange County Board of Supervisors, 3Td District SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: BY: DATED: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM OFFICE OF THF. COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 7' BY: fI��JJ� c DA`1'I✓D: .�` .3 O S^ EPUT ATTACHMENT # 1 • i RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: ADOPTION OF AMENDMENT TO AGREEMENT FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE COUNCIL MEETING DATE: I November 7, 2005 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City AHome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author= Olson/Engberg/Smythe/Justen Awlh low REQUEST FOR LATE SUBMITTAL {To accompany RCA's submitted after Deadline [Department: Fire Subject FD2005-014 Cal Council Meeting Date: Date of This Request: 10128/05 1117105 REASON (YVhy Is this RCA being submitted late? : The Fire Chief s Assistant misunderstood the extra-week allowance timeline for this particular meeting. EXPLANATION (Why is this RCA necessa to this agenda?): It's important that the City comply with County requirements for this program, CONSEQUENCES How shall delay of this RCA adverse!y impact the Ci ? : Non-compliance can result in increased City liability exposure if a release of hazardous materials occurs SI nature: Approved 0 Denied Department Head Penelope Culli et"raft Ci Administrator Itsubmtl 07114/94 Council/Agency Meeting Held Deferred/Continued to, arApproved J Conditi ally R proved ❑ Denied City CIA's Signature Council Meeting Date= 07/07/97 Department ID Number- FD 97-007 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS x SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator ; _ � ra n a-� PREPARED BY: MICHAEL P. DOLDER, Fire Chief o �"' r SUBJECT: AUTHORIZATION TO BECOM A PARTICIPATING AGENCY V#TR THE ORANGE COUNTY HEALTH CARE AGENCY AS PART OVA CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Should the City of Huntington Beach approve a Participating Agency Agreement with the Orange County Health Care Agency to administer specific hazardous materials programs under the County's Certified Unified Program Agency? Funding Source: Initial funding and ongoing expenditures as a participating agency to the county would come from existing revenues currently generated from the City's Hazardous Materials Disclosure Program. Expenditures projected would be appropriated from existing revenues including one (1) half-time clerical support person and contracting out for one (1) Hazardous Materials Specialist. Any ongoing operating expenditures would be funded from revenues generated from the specific hazardous materials programs projected to be $168,000_ Additionally, the City of Huntington Beach would provide the necessary administrative services for the management and administration of personnel for an annual 12% fee. First year administrative revenues are estimated at $10,539. Recommended Action: By motion, approve and authorize the Mayor to execute a Participating Agency Agreement with the County's Health Care Agency effective immediately for the purpose of continuing to administer the hazardous materials specific programs in the City of Huntington Beach. Alternative Action(s): Transfer all of the City's existing hazardous materials programs to Orange County which now has the Certified Unified Program Agency responsibilities. All revenues currently collected by the City would redistribute to the county as the local administrating agency for the Hazardous Materials Disclosure Program. RQUEST FOR COUNCIL ACAN MEETING DATE: 07/07/97 DEPARTMENT ID NUMBER: FD 97-007 Analysis: In July 1985, the Orange County Board of Supervisors directed the County Administrative Office/Hazardous Materials Program to report on the feasibility of adopting a hazardous materials disclosure ordinance. In Huntington Beach, as with the rest of the county, hazardous materials incidents were increasing and fire department personnel were unable to efficiently handle these incidents without appropriate information as to the type, quantity, use and storage of hazardous materials in the community. In the City, the hazardous materials situation had proven to be a threat to reasonable public safety and the safety of emergency personnel. In September 1985, California cities and counties were mandated by state legislation to enact Senate Bill 2185 and implement a comprehensive hazardous materials program by January 1, 1986. Senate Bill 2185 established the basic requirements for the community's right-to-know program, including immediate reporting of release, business plans for hazardous materials handlers and the state organization for administration of the program, establishing fire departments and City agencies as the local administering agencies. The Orange County Board of Supervisors realizing the increasing number of hazardous materials incidents and pending legislation unanimously voted in October 1985 to implement a "model" ordinance in the unincorporated areas of Orange County. In keeping with this action, the Board of Supervisors requested that all cities use the same comprehensive hazardous materials ordinance. The Huntington Beach City Council adopted the comprehensive hazardous materials disclosure ordinance on December 1985. This ordinance designated the City as the administering agency for the state-wide hazardous materials program set forth in Senate Bill 2185. Currently, the City's disclosure program requires that all Huntington Beach businesses in handling hazardous materials in the amounts of 500 pounds or 55 gallons in a year disclose the types and quantities to the fire department on an annual basis. The City's disclosure program is fee based and over the past twelve (12) years has been self funded and very successful in the administration, management and regulation of hazardous materials. In 1994, Governor Wilson signed Senate Bill 1082 into law. This law requires certain hazardous materials regulatory programs, including our current Hazardous Materials Disclosure Program, to be administered under one (1) agency. This means in each community there must be a single permit system, single coordinated inspection system and a single fee system. The intent of the regulation was to combine regulatory activities and reduce the number of inspections, reduce fees and impacts on the business community. The six (6) programs consolidated under this legislation were: permitting of hazardous waste generators, underground storage tank permitting and inspection, aboveground storage tank spill prevention, hazardous materials disclosure response plans and inventories, acutely Fd97-007 -2- 06125/97 8:28 AM *QUEST FOR COUNCIL ACAN MEETING DATE: 07107/97 DEPARTMENT ID NUMBER: FD 97-007 hazardous materials risk management prevention programs, Uniform Fire Code hazardous materials management and inventory programs. In March, 1995, the City of Huntington Beach entered into an agreement with Costa Mesa, Fountain Valley and Newport Beach to propose a single Certified Unified Program Agency operating as a Joint Powers Agency. Benefits of a Joint Powers Agency over a county agency included local business representation, reduced fees, reduced inspections through consolidation, local point of contact, regulatory consolidation including the fire code, technically trained staff, a regional approach and a streamline permit process. The Joint Powers Agency regional approach was a better way to do business. This joint application was submitted to the California Environmental Protection Agency on December 8, 1995 for their consideration and approval. On December 31, 1995, we were notified that our application was denied due to technical reasons and overlapping applications with the County's Health Care Agency. We jointly appealed the denial. On March 27, 1997, we were notified of the final decision that our application was denied by Secretary Strook of the California Environmental Protection Agency_ Denial of the Joint Powers application by the state and approval of the county as the unified agency resulted in each City jointly applying as a participating agency to the county. Approval as a participating agency is required by the county and permits each City to continue with their current Hazardous Materials Disclosure Program. The City of Huntington Beach has discussed the concept of regionalizing it's disclosure program with the cities of Costa Mesa, Fountain Valley and Newport Beach. Currently, they are not interested. If the City were to give the Hazardous Materials Disclosure Program to the county, the City would be at risk of losing regulatory control and management of hazardous materials. Local business would not have to directly disclose types and quantities of hazardous materials, nor report immediate releases or provide the fire department with business plans on the storage use an quantities of hazardous materials Emergency response teams would not be informed of the use and dangers of hazardous materials in the community. Basic information on the location, type and health risks involved with hazardous materials used or stored in the City would not be available to firefighters, police officers, public works or other personnel responding to the emergency. Additionally, the City would lose a competitive business advantage with other cities. The county as an approved state regulatory agency could increase disclosure fees based upon their overhead and staffing requirements. Having no vested interest in the City of Huntington Fd97-007 -3- 06125197 8:28 AM *QUEST FOR COUNCIL ACTION MEETING DATE: 07/07/97 DEPARTMENT ID NUMBER: FD 97-007 Beach, hazardous materials business fees would be guaranteed to increase driving the local business operator to look elsewhere to set up shop. As a participating agency to the county, the City of Huntington Beach is in a better position to control and regulate anticipated fee increases Lastly, there is strong evidence to indicate that prior to 1996, while county was the local administrative agency for the City of Costa Mesa disclosure program, that the county collected fees, but never performed the required hazardous materials business inspections. As a result of the states' denial on April 29, 1997, a letter by staff was forwarded to the county requesting that the fire department continue to manage the Hazardous Materials Disclosure Program, Risk Management and Prevention Plans, and the Hazardous Materials Management Plans and Inventory Statements. As a participating agency, the City's Hazardous Materials Disclosure Program would remain fee based. Over 300 business' in the City are involved in the program that generates $168,000 annually. Personnel required to operate the program includes one (1) Hazardous Materials Specialist and one (1) half-time clerical support. Personnel expenditures would come from revenues currently generated by the program. Operating costs ($39,959) and the one-time asset expenditure ($42,200) would be expended from existing revenues. Currently, the Fire Department administers the fee billing and collection system for the City's disclosure program. The City's present billing and collection system will be utilized until the county's electronic single fee billing system is operational. By statute, the county has up to five (5) years to implement their single fee billing system. Thereafter, once implemented, the county will perform the hazardous materials disclosure billing service and distribute the collected fees to the City. Fundamental to the emergency response efforts and capability of the fire department is accurate and timely information regarding all chemicals and the quantities within the community, as well as the ability to intervene as future chemicals and processes are proposed in Huntington Beach. Therefore, it is recommended that the City of Huntington Beach continue to retain and provide disclosure services, fire code emergency response plan services and risk management program plan services as a participating agency under the Orange County Health Care Agency CUPA. Environmental Status: None Attachment(s): City Clerk's Page Number 1. Agreement Between the County of Orange and the City of Huntington Beach for Implementation of Unified Program Element Fd97-007 4- 06/25/97 8:28 AM A TTA CHMENT 1 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS This Agreement is made and entered into on this -7& day of , 199 Z between the County of Orange, Health Care Agency, Environmental Health Division, hereinafter referred to as "County", and the City of Huntington Beach hereinafter referred to as the"City". Recitals WHEREAS, the-Health-and Safety Code, hereinafter referred to as "H&SC', Section 25404(c) mandates that the County establish a Unified Program to consolidate administration of the following requirements (collectively, "Program Elements"): A. The Hazardous Waste Generator Program, H&SC, Division 20, Chapter 6.5; B. The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67, Section 25270.5(c); C. The Underground Storage Tank Program, H&SC, Division 20, Chapter 6.7; D. The Hazardous Material Release Response Plans and Inventory Program, H&SC, Division 20, Chapter 6.95, Article 1; E. The Risk Management Prevention Plan Program, applicable to acutely hazardous materials, H&SC, Division 20, Chapter 6.95, Article 2; F. The Hazardous Materials Management Plan and the Hazardous Materials Inventory Statement requirements, Uniform Fire Code, Part 7, Article 80, Section 8001.3.2 and Section 8001.3.3, as adopted by the State Fire Marshal pursuant to H&SC Section 13143.9; and WHEREAS, H&SC Section 25404.1(b)(1) requires that the County apply for state certification as a Certified Unified Program Agency (CUPA) to implement and operate the Unified Program throughout the unincorporated area of the County and in all cities within the County that have not been certified as a CUPA; and WHEREAS, the County has submitted an application to become a CUPA; and r AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 2 WHEREAS, H&SC Section 25404.1(b)(3) authorizes the County to enter into formal agreements with other qualified public agencies to implement and enforce certain elements of the Unified Program as 'Participating Agencies"; and WHEREAS, the County wishes to have the City implement and enforce the following requirements in all territory within the jurisdiction of the CITY: H&SC Division 20, Chapter 6.95, Articles 1 and 2; and Sections 8001.3.2 and 8001.3.3 (Subdivisions (b) and (c) of Section 80.103) of the Uniform Fire Code, as adopted by the State Fire Marshal pursuant to Section 13143.9 of the H≻ and WHEREAS, the City is qualified and wishes to implement said requirements on behalf of the County. NOW, THEREFORE, the parties hereto mutually agree as follows: Agreement 1. Per gram Elements to be Administered by the County The County, acting as the CUPA, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction. A The Hazardous Waste Generator Program, H&SC, Division 20, Chapter 6.5; B. The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements, H&SC, Division 20, Chapter 6.67, Section 25270.5(c); C. The Underground Storage Tank Program, H&SC, Division 20, Chapter 6.7: 2. Program Elements to be Administered by the CitX The City, acting as a Participating Agency, shall administer the following program elements relating to the following facilities and operations in all territory within its jurisdiction: A The Hazardous Material Release Response Plans and Inventory Program, pursuant to H&SC, Division 20, Chapter 6.95, Article 1; B. The Risk Management Prevention Plan Program, applicable to acutely hazardous materials, pursuant to H&SC, Division 20, Chapter 6.95, Article 2; a AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 3 C. The Hazardous Material Management Plan and the Hazardous Materials Inventory Statement requirements, pursuant to Uniform Fire Code, Part 7, Article 80, Section 8001.3.2 and Section 8001.3.3, as adopted by the State Fire Marshal pursuant to H&SC Section 13143.9, to the extent implemented by the City. 3. Counts Obligations In accordance with.H&SC Section 25404 et seq., and Title.27 of the California Code of Regulations Sections 15100 et seq., the County shall: A. Prepare and submit the application for CUPA certification to the State. B. Represent the City at meetings and public hearings involved in the application and certification process. C. Conduct, at a minimum, quarterly meetings of Participating Agencies for the purpose of establishing policies and procedures, resolving duplication and regulatory overlap issues, encouraging uniformity, and communicating enforcement actions, pursuant to 27 CCR 15180(a)(7). D. Establish and implement Single Fee Billing System pursuant to H&SC Section 25404.5(a) and 27 CCR 15210(a) and 15220, incorporating the following elements: (1) Fees and surcharges in an amount to cover the necessary and reasonable costs incurred by the County and Participating Agencies in implementing the Unified Program, including the state surcharge. (2) Methods for the collection and accounting of fees and surcharges. (3) Policies and procedures for the adjustment of fees and assignment of lost funds due to nonpayment. E. Implement a Fee Accountability Program, pursuant to H&SC Section 25404.5(c) and 27 CCR 15210(b), to encourage efficient and cost effective operation of the Unified Program and annually review such Program, incorporating the following element: AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 4 Establishment of separate trust funds for the deposit and disbursement of fees collected appropriately. F. Collect fees for the City-administered program elements and disburse fees collected to the City within 45 days of collection, or as otherwise agreed to by the County and the City, pursuant to 27 CCR 15210(a)(4). G. Consolidate, coordinate and make consistent any local or regional regulations, ordinances, requirements-or guidance documents related to the implementation of Program Elements in cooperation with the City, pursuant to H&SC Section 25404.2(a)(2). H. Develop and Implement a single, unified Inspection and Enforcement Plan in cooperation with the City and coordinate the Plan with inspection and enforcement programs of other federal, state, regional and local agencies, pursuant to H&SC Section 25404.2(a)(3) and (4). I. Establish and implement a Dispute Resolution Process designed to resolve problems.pursuant to 27 CCR 15180(a)(4) and 15210(a)(9), and a process for formal appeals from dispute resolution decisions. J. Conduct an annual audit of the City performance, pursuant to 27 CCR 15280(a) and 15290(b), or as necessary to maintain the Unified Program standards. Guidelines for content and conduct of the audits shall be developed in cooperation with the City. * Enter into a Program Improvement Agreement with the City, pursuant to 27 CCR 15180(a)(8)(D), if the City ceases to meet minimum qualifications or fails to implement its Program Elements. The Program Improvement Agreement shall specify the areas of improvement, minimum accomplishments necessary, and time frames which shall be met by the City. L Establish procedures for removing or revoking Participating Agencies, containing, at a minimum: notice; a statement of causes; public comment; and appeal procedures, pursuant to H&SC Section 25404.3(d)(1)(B). The County shall comply with such procedures prior to notifying the Secretary of Cal-EPA that a Participating Agency no longer meets the minimum qualifications, or fails to implement the Program Element. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 5 M. Comply with all statutory and regulatory requirements pursuant to H&SC Section 25404 et seq., and 27 CCR 15100 et seq. 4. The CiVs Obligations In accordance with H&SC Section 25404 et seq., and Title 27 of the California Code of Regulations Sections 15100 et seq.,the City shall: A. Attend and participate in all scheduled meetings with the County. B. Maintain adequate resources to implement its Program Elements, pursuant to 27 CCR 15170(I)(2). C. Maintain training records and make training records available to the County upon request pursuant to 27 CCR 15180(a)(2). D. Institute procedures to respond to requests for infomlation from the public, from government agencies, and from emergency responders, pursuant to 27 CCR 15180(a)(2)(D). E. Provide the County with all data required by the County to effectively manage the Unified Program The data and information shall be submitted in a timely manner and according to a frequency agreed upon by the County and the City. The method of submittal will be agreed upon by the County and the City. F. Cooperate with the County in the development and implementation of a Single-Fee System and comply with all provisions in the System. G. Establish fees for Program Elements which reflect the necessary and reasonable costs of implementation, pursuant to 27 CCR 15230(a). H. Notify the County of the cost of Program Elements and fees, pursuant to 27 CCR 15210(a)(4) and 15230(b), within 30 days following a written request by the County. I. Receive fees collected by the County for City-administered programs and advise the County of any discrepancies within 30 days of receipt of the fees. Both parties will work towards resolving any discrepancies. S AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 6 J. Determine any adjustment or waiver of fees that was erroneously charged or computed for City-administered programs, at the discretion of the City Council or as delegated. K. Cooperate with the County in the consolidation of any local or regional regulations, ordinances, requirements or guidance documents related to the implementation of Program Elements. t_ Cooperate with the County in the development of a single, unified Inspection and Enforcement Plan and comply with all provisions in the Plan. M. Abide by the procedures established in the Dispute Resolution Process. N. Cooperate with the County in its annual audit of the Program Elements administered by the City. 0. Enter into a Program Improvement Agreement with the County if the City ceases to meet minimum qualifications or fails to implement its Program Elements, pursuant to 27 CCR 15180(a)(8)(D). The Program Improvement Agreement shall specify the areas of improvement, minimum accomplishments necessary and time frames which the City must meet. P. Comply with all statutory and regulatory requirements pursuant to H&SC 25404 et seq. and 27 CCR 15100 et seq. 5. Indemnification A. The City shall indemnify and hold the County, its officers, agents and employees free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of the City, its officers, agents and employees, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code and the City shall defend, at its own expense, including attorney's fees, the County, its officers, agents and employees in any legal action or claim of any kind based upon such alleged acts or omissions. B. The County shall indemnify and hold the City, its officers, agents and employees free and harmless from any claim or liability whatsoever, based or AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 7 asserted upon any act or omission of the County, its officers, agents and employees, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on the City by the provisions of Section 896.2 of the Government Code and the County shall defend, at its own expense, including attomey's fees, the City, ifs officers, agents and employees in any legal action or claim of any kind based upon such alleged acts or omissions. 6. ]Dispute Resolution In the event that a dispute arises between the County and the City, the following procedures will be followed in an effort to resolve the dispute. 1. The County and the City will meet and discuss the issues in an effort to resolve the dispute. Both agencies shall respond to dispute inquiries in an expeditious fashion. 2. If a satisfactory resolution cannot be reached, the County and the City will meet with representatives of CaVEPA in an effort to resolve the dispute. 3. If the previous measures have been unsuccessful in resolving the dispute, each agency, will state their positions and recommended resolutions, in writing. The County will submit both positions, without revision, to CaVEPA, following procedures established by CaVEPA. The final decision of CaVEPA is binding on both agencies. 7. Termination of A reemen Either party may terminate this Agreement by giving the other party six (6)-months written notice and upon approval of the Secretary of Cal-EPA 8. Amendments This Agreement sets forth the entire Agreement between the parties and any modifications must be in the form of a written amendment agreed to and signed by both parties. 7 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 8 9. Severability Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, it will be ineffective to the eadent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 10.0. Notice All notices and other communications shall be in writing and shall be effective when deposited in the U.S. Mail, postage prepaid and addressed as follows: To the County: Director of Environmental Health Division Health Care Agency County of Orange 2009 E. Edinger Ave. Santa Ana, CA 92705 To CITY: Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 A party shall notify the other party of any change in its address. AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH Page 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. CITY OF HUNTINGTON BEACH BY: DATED: . -7/7 Lq 7 Ralph Bauer, Mayor ATTEST: BY: DATED: 7 k—9 7 Connie Brocicway, City Clerk APPROVED AS TO FORM: CITY ATTORNEY ail BY: DATED: - 2 7 -T) Gail Hutton, City Attorney COUNTY OF ORANGE SEP� � 0 S99T BY: G-. G • 6�— � DATED: William Steiner Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: SEP�' 3 0 1997 BY: DATED: _ Dailene J. Bloom Clerk of the Board of Supervi rsof Orange County, Califor APPROVED AS TO FORM: COUNTY COUNSEL BY: v DATED: S 1,2 Chris Miller County Counsel HUP M04AGR4 WM8 9 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION To: Connie Brockway, City Clerk From: Michael P. Dolder, Fire C of by Carolyn G. Strook Date: October 27, 1997 SUBJECT: ORIGINAL SIGNED AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH FOR IMPLEMENTATION OF UNIFIED PROGRAM ELEMENT REQUIREMENTS The executed agreement has been received from the County of Orange. Attached is that executed agreement for your files. A copy has been retained for the Fire Department files. This was item E-8 on the July 7, 1997 City Council Agenda and is Pending 53 in your files (copy of transmittal form attached). Please call ext. 5402 if you need any additional information. MPD/cgs � s n S Attachment cc: Duanc Olson, Division Chief/Fire Marshal =-_L m Greg Funderburk, Fire Captain/Acting I-IazMat Specialist I laz Mat Specialist Mary Walden, Office Specialist/Petro Chem :- CITY OF HUNTINGTON BEACH TNTER-DEPARTMENT COMMUNICATION To: Connie Brockway, City Clerk From: Michael P. Dolder, Fir C ief by Carolyn G. Strook Date: October 15, 1997 SUBJECT: COUNTY AGREEMENT—HAZARDOUS MATERIALS PROGRAM CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) In response to your October 13, 1997 memo regarding your attempt to obtain a copy of the subject agreement, I called James Hendron in the Environmental I lealth Division. He called me today, October 15, and advised that the agreements are still being "executed." He called for a status on them and was advised that the agreements should be signed and to his office by October 17. He will send us our copies by October 23. 1 have placed a reminder in my file and will follow-up again if the copies have not been received by October 24. I will keep you posted. MPDlcgs CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH TO: Mike Dolder Fire Chief FROM: Connie Brockway C 3 City Clerk DATE: October 13, 1997 SUBJECT: COUNTY AGREEMENT—HAZARDOUS MATERIALS PROGRAM The City Clerk's Office is unable to obtain a copy of the attached agreement signed by the county. There seems to be uncertainty as to what stage the agreement is in or to whom we should direct our inquiries. We have contacted Pearl Hoptiger, Environmental Health Director as well as the Clerk of the Board of Supervisors who could not help. Please let me know if you know the status. Thank you. CB:cjg Attachments: Copy of City Clerk Letter of Transmittal to County of Orange, Health Care Agency Copy of Request for Council Action dated July 7, 1997, Subject: Authorization To Become A Particpating Agency with the Orange County Health Care Agency As Part of a Certified Unified Program Agency (CUPA) Copy of Page S, City Council Agenda, Council Meeting of July 7, 1997 cbmemos/97-118cg CITY OF HUNTINGTON BEACH = 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPI'IENT AGENCY APPROVED ITEINI DATE: y TO AJ ATTENTION- 'game DEPARTMENT- Strc �rrf/1111. a� REGARDING: c� Cay.State,7ip See Attached Action Agenda Item -,� Date of Approval 7, Z 2'ZZ Enclosed For Your Records is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockwav City Clerk Attachments. Action Agenda Page / Agreement y Bonds Insurance RCA Deed Other Remarks- Name DLpartrncnt RCA Agetment [nsuran;c Other Larne Department RC:1 ARrccmcr-t Insurance &P;cr Name Deparmcnt RCA Af;rccment Insurance Other Risk Nlanagement Department Insurance Copy .__.._ (i Fo1:c,,Up"a&mi trarul:r (Telephone: 714-536.5227) (8) 07/07/97 - Courogency Agenda - Page 8 E-8. (City CQuncil) Tract�f2,_14177- Acceptance Of_Bonds & Agreements -A-agrov �$ division Agreements - Polyaon Huntington Beach ssoc' t��es - 51s; Constantino Dcive,e1Q Beach Bo 6acd -Approve recommendation that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council approve the Subdivision Agreement and authorize the Mayor and City Clerk to execute and the City Clerk to file. 1. Faithful Performance Bond/Labor& Material Bond No. 3SM 889 854 00 and 2. Monument Bond No_ 3SM 889 853 00. (American Motorists Insurance Company) Submitted by the Public Works Dir r [Approved 6-0 -- Julien: Absent] E-7. (City Council) Re-Appointment Of Public Works 99mmissioners - Carrol Smith & Ha-age - 1. Re-appoint ally Carroll to the Public Works Commission to serve his second and last term. This reappointment would expire June 30, 2001. 2. Re-appoint Philip�jmith to the Public Works Commission to serve his second and last full term. This reappointment would expire June 30, 2001. 3. Re-appoint Sill Hartge to the Public Works Commission to serve his first full term. This reappointment would expire June 30, 2001. Submitted by the Public Works Director pted 6-0 -- Julien: Absent] E-8. (City Council) Agreement Between City & County Of Orange -Authorization To Become A Pa icipating Agency With The Qrangp, CQunty Health Care Agency As. Pa.r; Of A Certif't_ed Unified Program Agency (CUM-Approve and authorize the Mayor and the City Clerk to execute a Participating Agency Agreement with the County's Health Care Agency, Agreement between the County of Orange and the City of Huntington Beach for Implementation of Unified Program Element Requirements effective immediately for the purpose of continuing to administer the hazardous materials specific programs in the City of Huntington Beach. Su _mitted�y the Fire Chief [Approved 6-0 -- Julien: Absent] E-9. (C-y Council) Resolution No. 97-42 - Glean Vessel Act Grant_For Beat Pump-DutlDumn Statign Facility At Warner D.gck & Vessel Pump Out Facility 111stgllatiQn Contract (Afornia Department Of Boating & watQrnayA Re.imbufseme 1- Adopt Resolution No. 97-42 - "A Resolution Of The City Council Of The City of Huntington Beach Requesting A Grant From The Department Of Boating And Waterways For The Development Of A Boat Pump-Out/Dump Station Facility At Warner Dock", and authorize the City Administrator to sign the grant contracts requesting a Clean Vessel Act Grant in the amount of$25,000 from the California Department of Boating and Waterways for the purchase of a replacement boat pump-out/dump station at Warner Dock, including purchase, installation, permits, and sewer line location. Submitted by the CQ_mmunity ServicQ5Dir r '[Adopted 6-0 -- Julien: Absent] (8)