HomeMy WebLinkAboutCity Response to Statewide Energy Crisis - Assembly Bill XX RESOLUTION NO. 2001-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY IN THE CITY OF HUNTINGTON BEACH
WHEREAS, on several days during the month of January, 2001, the City of Huntington
Beach was notified by the Southern California Edison Company of ongoing Stage III rotating
power outages in the City of Huntington Beach; and
Said notices and subsequent power outages were part of the ongoing sudden and severe
energy shortages affecting the City of Huntington Beach and the State of California and;
Due to the aforesaid facts, there is extreme peril to the safety of persons and property
within the City; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolves as follows:
1. A local emergency, as defined in the California Government Code Section
8558(c), exists in the City of Huntington Beach. The City Council shall review, at least every
fourteen (14) days until such local emergency is terminated, the need for continuing the local
emergency and shall proclaim the termination of such local emergency at the earliest possible
date that conditions warrant.
2. The City Administrator and the Fire Chief, by virtue of their designations as
Director and Deputy Director, respectively, of Civil Defense/Emergency Services under
Huntington Beach Municipal Code Chapter 8.60, are hereby designated as the authorized
representatives of the City of Huntington Beach for purposes of receipt, processing, and
coordination of all inquiries and requirements necessary to obtain such private,state and federal
assistance as maybe available.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
special meeting thereof held on the 22nd day of January, 2001.
Mayor
ATTES APPROVED AS TO FORM:
City Clerk 01- Q3-01 City ttorney
INITIATED, REVIEWED AND APPROVED:
City Adm istrator/Director of
Emergency Services and Civil Defense
G*2001 Resolutions:Resolution of Emergeny—Power Shortase
Res.M. 2001-2
STATE OF CALIFORNIA )
COUNTY OF ORANGE . ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a special meeting thereof held on the 22nd
day of January, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Cferk of the
City Council of the City of
Huntington Beach, California
RESOLUTION NO. v Dl " a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY IN THE CITY OF HUNTINGTON BEACH
WH AS, on several days during the month of January, 2001, the City of Huntington
Beach was not'�ied by the Southern California Edison Company of ongoing Stage III rotating
power outages in e City of Huntington Beach; and
Said notices and subsequent power outages were part of the ongoing sudden and severe
energy shortages affecting the City of Huntington Beach and the State of California and;
Due to the aforesaid facts, there is extreme peril to the safety of persons and property
within the City; and
1
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolves as follows:
1. A local emergency, as defin''ed in the California Government Code Section
8558(c), exists in the City of Huntington Beach. The City Council shall review, at least every
fourteen (14) days until such local emergency is jerminated, the need for continuing the local
emergency and shall proclaim the termination of'such local emergency at the earliest possible
date that conditions warrant.
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2. The City Administrato/rs and the Fire Chief, by virtue of their designations as
Director and Deputy Director, respeetl-ully, of Civil Defense/Emergency Services under
Huntington Beach Municipal Code Chapter 8.60, are hereby designated as the authorized
representatives of the City of Huntington Beach for purposes of receipt, processing, and
coordination of all inquiries and requirements necessary to obtain such private, state and federal
assistance as may be available.
PASSED AND ADOPTED by the City Council of the City ofiHuntington Beach at a
special meeting thereof held on the day of January, 2001.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
INITIATED, REVIEWED AND APPROVED:
City Administrator/Director of
Emergency Services and Civil Defense
G*2001 Resolutions:Resolution of Emergeny—Power Shortage
Huntington Beach Municipal Code 8.60.010-8.60.020(e)
Chapter 8.60
CIVIL DEFENSE—EMERGENCY SERVICES
(569-3/51, 1503-7/69, 1757-8f72,2464-12/80)
Sections:
8.60.010 Purposes ►aECEnO
8.60.020 Definitions AW WDEAC0UWPARTC+FTHE QAT
8.60.030 Council Created �NG of >a.
8.60.040 Council--Powers and duties op,s Wo WAY,C�T
WO
8.60.050 Director--Office created �1 cumK
8.60.060 Deputy Director--Office created "
8.60.070 Director--Powers and duties enumerated
8.60.080 Plan--Formulation
8.60.090 Plan--Contents
8.60.100 Plan--Adoption and amending
8.60.110 Director--Assignment of duties and functions
8.60.120 Plan--Effect
8.60.130 Organization--Creation
8.60.140 Plan--Service Chiefs
8.60.150 Emergency curfew
8.60.160 Expenditures
8.60.170 Violations--Misdemeanor
8.69.010 Purposes. The declared purpose of this chapter is to provide for the preparation and
carrying out of plans for the protection of persons and property in this city in the event of an
emergency; the direction of the emergency organization; and the coordination of the emergency
functions of this city with all other public agencies, corporations, organizations and affected
private persons. (569-3/51, 1503-7/69, 1757-8f72)
8.60.020 Definitions. Unless a different meaning is apparent from the context or is specified
elsewhere in the code,the following definitions shall be used:
(a) "Civil defense" means the preparation for and the carrying out of all emergency functions,
other than functions for which military forces are primarily responsible,to prevent, minimize
and repair injury and damage resulting from actual or threatened enemy attack.
(b) "Civil Defense/Emergency Services Organization" means the organization that prepares for
and carries out emergency planning and civil defense and emergency operations by
government, business and the community in general, in order to.prevent, minimize and repair
injury and damage resulting from actual or threatened emergency or civil defense.
(c) "Civil Defense/Emergency Services Plan" means a written document which provides for the
full utilization of all resources of the city,both human and material, during civil defense or
emergency.
(d) "Director" means the Director of Civil Defense and Emergency Services of the city.
(e) "Emergency" means the actual or threatened existence of conditions of disaster or of extreme
peril to the safety of persons and property in this city caused by such conditions as air
pollution,fire, flood, storm, epidemic,riot or earthquake,or other conditions, including
conditions resulting from war or imminent threat of war, but other than conditions resulting
from a labor controversy,which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of this city,requiring the combined forces of
other political subdivisions to combat. (569-3/51, 1503-7/69,1757-8f72) -
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8.60.030-8.60.070(0(2) huotington Beach Municipal Code
8.06.030 Council created. There is created a Civil Defense and Disaster Council, consisting of
the Director who shall be Chairman, Deputy Director who shall be the Vice Chairman, Chief of
Police,Director of Public Works, or their representatives, Coordinator of Defense/Emergency
Services planning and training, and any city department head who may be appointed by the
Director, and representatives of civil, business, labor, veterans, professional or other
organizations,not to exceed five in number, as may be appointed by the Director. (569-3/51,
1503-1/69, 1757-8/72,2464-12/80)
8.60.040 Council—Powers and duties. It shall be the duty of the Civil Defense and Disaster
Council, and it is empowered, to review and recommend for adoption by the City Council, civil
defense and emergency service plans, mutual aid plans and agreements, and such ordinances,
resolutions,rules and regulations as are necessary to implement such plans and agreements. The
Civil Defense and Disaster Council shall be advisory in nature, and may present such advice and
recommendations as it deems necessary. The Civil Defense and Disaster Council shall meet
upon call of the Chairman, or in his absence or inability to call such meeting, upon the call of the
Chairman's authorized representative or the Vice Chairman. (569-3/51, 1503-7/69) .
8.60.050 Director--Office created. There is created the Office of Director of Civil
Defense/Emergency Services who shall be the City Administrator of Huntington Beach. (569-3/51,
1503-7/69, 1757-8/72)
8.60.060 Deputy director—Office created. There is created the Office of Deputy Director of
Civil Defense/Emergency Services who shall be the Fire Chief of Huntington Beach. (1757-8/72,
2464-12/80)
8.60.070 Director—Powers and duties enumerated. The Director is hereby empowered to:
(a) Request the City Council to proclaim the existence or threatened existence of a local ~'
emergency if the City Council is in session, or to issue such proclamation if the City Council
is not in session. Whenever a local emergency is proclaimed by the Director, the City
Council shall take action to ratify the proclamation within seven days thereafter or the
proclamation shall have no further force or effect;
(b) Request the governor to proclaim a state of emergency when, in the opinion of the Director,
the locally available resources are inadequate to cope with the emergency;
(c) Control and direct the effort of the emergency organization of this city to accomplish the
purpose of this chapter;
(d) Direct cooperation between and coordinate services and staff of the emergency organization
of this city, and resolve questions of authority and responsibility that may arise between
them;
(e) Represent this city in all dealings with public or private agencies on matters pertaining to
emergencies as defined herein;
(f) In the event of the proclamation of a local emergency, as herein provided,the proclamation
of a state of emergency by the Governor or the Director of the State Office of Emergency
Services, or the existence of a state of war emergency,the Director is hereby empowered:
(1) To make and issue rules and regulations on matters reasonably related to the protection of
life and property as affected by such emergency; provided, however, such rules and
regulations shall be confirmed at the earliest practicable time by the City Council,
(2) To obtain vital supplies, equipment and such other properties found lacking and needed
for the protection of life and property and to bind the city for the fair value thereof and, if -
required immediately,to commandeer same for public use,
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Huntington Beach Municipal Code 8.60.070(0(3)-8.60.130
(3) To require emergency services of any city officer or employee and, in the event of the
proclamation of a state of emergency in the county in which this city is located or the
existence of a state of war emergency,to command the aid of as many citizens of this
community as he deems necessary in the execution of his duties. Such persons shall be
entitled to all privileges,benefits and immunities as are provided,by state law for
registered disaster service workers.
(4) To requisition necessary personnel or material of any city department or agency,
(5) To execute all of his ordinary power as City Administrator, of all special powers
conferred upon him by this chapter or by resolution or emergency plan pursuant hereto
adopted by the City Council; all powers conferred upon him by any statute, by any
agreement approved by the City Council, and by any other lawful authority.
(g) The Director of Civil Defense/Emergency Services shall designate the order of succession to
his office to take effect in the event the Director is unavailable to attend meetings and
otherwise perform his duties during an emergency. Such order of succession shall be
approved by the City Council.
(h) The Deputy Director shall,under the supervision of the Director, have such other powers and
duties as may be assigned by the Director. (569-3/51, 1503-7/69, 1757-8/72,2464-12/80)
8.60.080 Plan--Formulation. The Director shall prepare and maintain, on a current basis, a
Civil Defense/Emergency Services Plan as necessary to carry out the purpose of this chapter.
The Civil Defense/Emergency Services Plan shall be consistent with the plans of the state and
federal governments and shall hereafter be referred to as "the Plan." (1503-7/69, 1757-8/72)
8.60.090 Plan—Contents. The Plan shall set up the assignment of emergency duties and
functions of all city agencies and employees, and volunteer organizations, as well as the lines of
succession of the members of the civil defense emergency services organization. (1503-7/69,
1757-8172)
8.60.100 Plan--Adoption and amending. The Plan and amendments thereto shall be placed on
file with the City Clerk by the Director, and approved or disapproved by the City Council within
thirty days of such filing. The Plan, and amendments if any, shall be effective upon filing with
the City Clerk unless disapproved by the City Council within thirty days of such filing. (1503-
7/69, 1757-8172)
8.60.110 Director--Assignment of duties and functions. In assigning emergency duties and
functions to city agencies and personnel,the Director shall assign responsibilities to utilize to the
maximum the skills and talents of city employees. When the requisite skill or talent for a
particular responsibility is not available within the city government,the Director is authorized to
seek assistance on a volunteer basis from persons outside the city government. The Director
shall assign duties to such persons, and grant the authority to carry out their respective
responsibilities during and after the occurrence of a disaster. (1503-7/69, 1757-8/72)
8.60.120 Plan--Effect. The Plan shall be binding upon all agencies of city government, its
employees and registered volunteer disaster service workers, and have the effect of law whenever
an emergency, as provided in this chapter,has been proclaimed. (1503-7/69, 1757-8/72)
8.60.130 Organization--Creation. There is created the Huntington Beach Civil
Defense/Emergency Services Organization. All officers and employees of the city shall be a part
of such organization. The Director shall train and organize all employees and officers of the city
for purposes of maintaining the civil defense/emergency capability of the city. The Director is
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. 1 V
8.60.130-8.60.170(c) ..antington Beach Municipal Code
authorized to use volunteer forces during an emergency including,but not limited to, groups,
organizations and persons who by agreement or by operation of law are charged with the duty to
protect the life and property of persons in the city during a disaster. (1503-7/69, 1757-8/72)
8.60.140 Plan--Service Chiefs. The Plan, asset out in this chapter, shall provide for the
appointment of Service Chiefs who shall be responsible for the carrying out of all duties and
functions assigned in the disaster Plan. Duties of Service Chiefs shall include the organization
and training of city officers, employees and volunteers. Each Service Chief shall formulate an
operational Plan which shall become a part of the Plan, as specified herein. Before an
operational Plan may become a part of the Civil Defense/Emergency Services Plan, it must first
be approved by the Director. The Director shall determine whether the operational Plans are in
conflict with the Civil Defense/Emergency Services Plan. If the operational Plans are in conflict
with the Civil Defense/Emergency Services Plan, the Director shall reject such operational Plans.
Each Service Chief shall be responsible for the care, for the maintenance and for the proper use
of any special equipment or property which may be obtained by or assigned to him from time to
time by the Director. (1503-7/69, 1757-8172)
8.60.150 Emergency curfew. The Director is hereby empowered to establish an emergency
curfew in the event of a local emergency, or when a disaster or state of emergency is declared by
the President of the United States or the Governor of the state of California. (1503-7/69, 1757-8/72)
8.60.160 Expenditures. Any expenditures made in connection with emergency activities
including mutual aid activities, shall be deemed conclusively to be for the direct protection and
benefit of the inhabitants and property of the city. (1757-8/72)
8.60.170 Violations--Misdemeanor. It shall be a MISDEMEANOR for any person during an
emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him by virtue of this chapter;
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter if such
act is of such a nature as to give or be likely to give assistance to enemy or to imperil the
lives or property of inhabitants of this city, or to prevent,hinder or delay the defense or
protection thereof;
(c) Wear, carry or display, without authority,any means of identification specified by the
emergency agency of the state. (1503-7/69, 1757-8/72)
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CITY OF HUNTINOTON BEACH
Ica L-1 Jr COUNCIL - ADMINISTRATOR COMMUNICATION
RECEIVED FROM
HVNnNGTON BEACH - AND MADE A PART OF THE pr/��g' A
COUNCIL.MEETING O.//2-2-/
OFRCE OF THE CITY Cam(
CONNE BROCKINAY,CITY CLERIC
ITEM# � �� < � 7
TO: Mayor and City Council
VIA: Ray Silver, City Administrator
FROM: William P. Workman, Assistant City Administrator
SUBJECT: Report on City Electrical Energy Emergency
DATE: January 22,.2001
City Situation
The City receives power from Southern California Edison company through a
variety of energy contracts. In 1996, the City entered into a special contract for
the Library and Civic Center that provided reduced electrical,rates in return for
the promise that the City would curtail the use of electricity at these facilities
should the need arise. A major penalty would be applied to the City if the City did
not 'interrupt' electrical use. Under the contract, the rate would go from 6 cents
per kW to a penalty rate of$9.01 per kW. On a monthly basis, the Library uses
about 273,000 kW and the Civic Center 449,000 kW. Normal hourly electrical
costs at the Civic Center are about $100.00 per hour but under the penalty rate it
is about $4,000 per hour. At the Library, the hourly costs rise from about $55.00
per hour to $3,100 per hour. The penalty rates are in effect for only those hours
Edison/PUC requests an 'interruption' from the City.
Though December, the City has incurred about $500,000 in penalty costs for use
of power during an 'interruption'. January's cost is about$335,000. The
maximum penalty for the City is about $1.8 million for the Civic Center and $1
million for the Library. The City can be interrupted up to 150 hours total for a
calendar year, and no more than 25 times a year. This calendar year, the City
has been 'interrupted' 11 times. The City was not permitted to end the contract
on schedule in November 2000 because the PUC sought a delay until March 31,
2000.
The City's Plan to address the immediate impacts of this energy crisis includes
the following elements:
1. On a daily basis, continue to implement conservation efforts to reduce
electrical usage 7% to 50% in all City facilities.
}
2. During Electrical Emergency Stage II/III `interruptible' events, reduce
electrical usage 80% - 90% at the Library and 65% - 75% at City Hall.
This would significantly reduce customer service and employee
productivity.
3. Upon determining feasibility, purchase and install a generator at City Hall
to power 60% - 80% of the building's functions. This would modestly
reduce customer service and employee productivity.
4. Should a generator not be determined as feasible, alternative plans have
been devised to relocate 95% of City Hall functions to other municipal
facilities not receiving `interruptible' rate power. This would significantly
reduce customer service, employee productivity, operational effectiveness
and goals accomplishment.
5. The Police Headquarters would continue to conserve electricity but would
remain in operation under all conditions.
The decision to proceed with each of the above plans would be determined by an
economic analysis, customer service assessment, productivity needs of the
organization and consultations with the impacted employees and their
associations.
Recommendations
1. The City Council adopt a resolution declaring a local emergency due to
the effects of the State shortage of electrical power.
2. The City Council direct the staff to pursue legislative and regulatory
relief from the PUC and SCE terms and conditions of the 'interruptible'
1-6 electrical rates.
3. The City Council authorize the City Attorney to pursue legal relief from
the PUC and SCE terms and conditions of the `interruptible' 1-6
electrical rates.
4. The City Council authorize the City Administrator to take necessary
operational and facility management actions to minimize the City's
electrical costs during this local emergency.
5. The City Council authorize the City Administrator to work with other
cities, businesses and the League of California Cities to pursue legal
relief from the PUC and SCE terms and conditions of the `interruptible'
1-6 electrical rates.
.R
CITY OF HUNTINGTON 131EA.CH
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
TO: Mayor and City Council
VIA: Ray Silver, City Administrator
FROM: William P. Workman, Assistant City Administrat
SUBJECT: AES Legislation—ABXX Wright (D)
DATE: January 19, 2001
As you are aware, AES has advocated for special legislation to take the city out
of the approval process for their proposed reactivation of Units 3 and 4. Attached
is the draft.legislation under consideration.
FCE
►TEM S
AB XX, as introduced, Wright. Refurbishment of existing facilities to increase
electric generation capacity.
Existing law recognizes the authority of the California Energy Commission as it
relates.to permits associated with the construction of electric generation facilities.
Existing regulation requires the issuance of permits by the California Energy
Commission in order to commence construction of an a iectric generation facility.
This bill would amend the Public Resources Cade to provide for the
commencement of construction prior to the completion of the California Energy
Commission certification process.
This bill would also amend the Health and Safety Code to require the applicable
air district to complete its permitting process within 30 days from the date the application
has been deemed complete
SECTION 1. The Legislature hereby finds anc. declares all of the following:
(1) The California Energy Commission has authority as it relates to permits
associated with the construction of electric generation--kilities.
(2) The applicable local air districts have independent permitting requirements
that,to the extent required, must be satisfied under the federal Clean Air Act.
(3) The AES Huntington Beach facility is comprised of five generating units
amounting to 1013 megawatts of generation capacity.
(4) Two of the five units at the AES Huntington Beach facility were retired in
place in 1995, which amount to 450 megawatts of electric generation capacity.
(5) With the refurbishment of damaged boilers and replacement of the
outdated control equipment, the retired units can be re:urned to operation by June 1, 2001
provided construction may commence by March 1, 2001.
(6) Additionally, the refurbishment project will include the installation of
Selective Catalytic Reduction, which is acknowledges. to be Best Available Control
Technology(BACT) emissions control equipment.
The proposed amendments are as follows:
Public Resources Code Section 25500 is amer..ded to read:
In accordance with the provisions of this division,the commission shall have the
exclusive power to certify all sites and related fd6li6;s in the state,whether a new site
and related facility or a change or addition to an existing facility. The issuance of a
certificate by the commission shall be in lieu of any.permit,certificate, or similar
document required by any state, local or regional agency, or federal agency to the extent
permitted by federal law, for such use of the site and related facilities, and shall
supersede any applicable statue, ordinance, or regulation of any state, local or regional
agency, or federal agency to the extent permitted by-.ederal law.
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Except as provided in section 25500.1, after the effective date of this division,no
construction of any facility or modification of any existing facility shall be commenced
without first obtaining certification for any such site and related facility by the
commission,as prescribed in this division.
Section 25500.1 shall be added to read as follow;
Facilities subject to retooling projects that are scheduled to commence prior to the
end of 2001, where the project involved more than 40014W and the units had permits to
operate at some point in time during the past 10 years,t}at have submitted an-application
for certification in accordance with this division may canmence construction and/or
modification, but no operations shall commence without first obtaining certification for
such projects.
Health& Safety Code Sections:
Section 42322.1 shall-be added to the Health & Safety Code to read as follows:
In accordance with section 42322 of this article, currently non-operating
previously permitted electrical generation facilities seeking permits for retooling projects
that are scheduled to commence prior to the end 2001, twat are subject to Section 25500.1
of the Public Resources Code, shall be subject to the following expedited permit review
schedule: .
(1) The applicant shall be notified in writing within 10 calendar days of the
submittal of an application for a permit as whether or not the application contains
sufficient information to be deemed complete. If the reviewing district deems the
application incomplete or fails to act within the 10 calendar days, the applicant may
consider the application as denied and seek an appeal of such determination.
(2) The application shall be granted or denied within 30 days of it being
deemed complete. If the reviewing agency has not takt-n action within 30 days of an
application being deemed complete,the applicant may consider the application as denied
and seek an appeal of such determination.
(3) If the application is denied or considered denied by the applicant, 10 days
notice of a hearing on the appeal shall be provided in accordance with section 40823 and
the appeal shall be heard within 20 days of the filing o:'the appeal. Any extension of
time for a hearing on the appeal must be with the consc;nt of the applicant.
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