HomeMy WebLinkAboutOrdinance 4010 repealing Municipal Code Section 8.43 relatin (2) PROOF OF
PUBLICATION - -
z CITY OF HUNTINGTON BEACH
a LEGAL NOTICE
e ORDINANCE NO.4010
II Adopted by the City Council on MARCH 3,2014
STATE OF CALIFORNIA) t AN ORDINANCE OF THE CITY OF HUNTINGTON
HO-
BEACH REPEALING CHAPTER.8.43 Of THE UN -
TINGTON BEACH MUNICIPAL CODE RELATING TO
II COSTS OF EMERGENCY RESPONSE
SS. s
�+ a SYNOPSIS:
COUNTY OF ORANGE E ) n unce. 2, 2010, the City Council adopted an 1
e Ordinance. adding. Municipal Code Section 8.43 �
relating to costs of emergency response and an i
accompanying fee resolution. This action estab-
n lished rates to be charged to non-residents for
h recovery of the .costs borne "by the City for
am a citizen of the United States and a e emergency services provided by the Fire Depart-
a ment in association with motor vehicle accidents, 1
resident of the County of Los Angeles; I i fires, and extractions. The Ordinance and res-
o olution also authorized cost recovery for hazard-
am over the age of eighteen years, and it ous materials spills or discharges, including
h pipeline and/or power line accidents, and other
not a party to or interested in the notice emergency incidents. !
published. I am a principal clerk of the e
e In response to concerns expressed by a number of 1
11 parties, including the Huntington Beach Chamber
HUNTINGTON BEACH a
e of Commerce,and the Marketing and Visitors �
t Bureau,at its meeting of September 20,2010,the
INDEPENDENT, which was adjudged a 3 City Council directed that Municipal Code Section
8.43 and the fee resolution be revised to delete all
newspaper of general circulation on references to motor vehicle related activities and
charges. The City Council also directed that the i
September 29, 1961, case A6214, and y fees for pipeline and power line incidents remain i
g in place. A revised Ordinance and fee resolution
June 11, 1963, case A24831, for the d including those changes were adopted by the City.
e Council at its meeting of October 18,2010. i
Cityof HuntingtonCounty of d
Beach, oun y e Since that time, the City has billed Southern 1
Orange and the State of California. f California Gas and Southern California Edison for ,
t pipe line and.power, line incidents. The total
annual combined billing for both companies has
Attached to this Affidavit is a true and d
e averaged approximately $10,000. However, they t
complete co printed and have opposed this program and have challenged
p copy as was p the legality of the Ordinance.
published on the following date(s): Both agencies currently 'maintain franchise
0 agreements with the City of Huntington Beach and t
their representatives have stated that the cost i
Thursday; March 13 2014 D recovery charges authorized under Municipal Code
Y, s Section 8.43 exceed the Citys authority to bill for t
this type of emergency response.According to'the
' City Attorney, based on the limited amount of a
f potential annual revenue, continuing this program
certify (or declare) under penalty f would not be worth. the risk of prolonged
litigation. t
of perjury that the foregoing is true
�; PASSED AND ADOPTED by the City Council of the �
City of Huntington .Beach at a regular meeting I
and correct. held
March 3,2014 by the following roll call vote:
AYES: Katapodis, Hardy, Shaw, Harper, i
Boardman,Sullivan,Carchio
NOES:None
Executed on March 20th , 2014 ABSTAIN:None ,
i ABSENT:None I
THE FULL TEXT OF THE ORDINANCE IS
at Los Angeles, California "AILABLE IN THE CITY CLERKS OFFICE. I
This ordinance is effective 30 days after
adoption.
i CITY OF HUNTINGTON BEACH 1
2000 MAIN STREET '
HUNTINGTON BEACH,CA 92648
714-536-5227 1
JOAN L.FLYNN,CITY CLERK — ?
nature
Dept. ID FD14 001 Page 1 of 2
Meeting Date:.2118/2014
CITY OF HUNTINGTON BEACH
- g. REQUEST FOR. CITY COUNCIL.ACTION;
«m
x
MEETING DATE: 2/18/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Approve for Introduction Ordinance No. 4010 repealing Municipal Code. Section
8.43 relating to Costs of Emergency Response
Statement of Issue:
The City Council is requested to introduce an ordinance repealing Municipal`Code Section
8.43 relating to costs of emergency response.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4010, "An Ordinance of the City of Huntington
Beach Repealing Chapter 8.43 of the Huntington Beach Municipal Code Relating to Costs
of Emergency Response."
Alternative Action(s):
Do not introduce the Ordinance and direct staff accordingly.
Analysis:
On August 2, 2010, the City Council adopted an Ordinance adding Municipal Code Section
8.43 relating to costs of emergency response and an accompanying fee resolution. This.
action established rates to be charged to non-residents for recovery of the costs borne by
the City for:emergency services provided by the Fire Department in association with motor
vehicle accidents, fires, and extractions. The Ordinance and resolution also authorized
cost recovery for hazardous materials spills or discharges, including pipeline and/or power
line accidents, and other emergency incidents.
In response to concems expressed by a number of parties, including the Huntington Beach.
Chamber of Commerce and the Marketing and Visitors Bureau, at its meeting of September
20, 2010, the City Council directed that Municipal Code Section 8.43 and the fee resolution
be revised to delete all references to motor vehicle related activities and charges. The City
Council also directed that the fees for pipeline and power line incidents remain in place. A
revised Ordinance and fee resolution including those changes were adopted by the City
Council at its meeting of October 18,.2010.
. - - Item 11 - 1
Dept.ID FD14 001 Page 2 of 2
Meeting Date:2/18/2014
Since that time, the City has billed Southern California Gas and Southern California Edison
for pipe line and power line incidents. The total annual combined billing for both companies
has averaged approximately$10,000. However, they have opposed this program and have
challenged the legality of the Ordinance.
Both agencies currently maintain franchise agreements with the City of Huntington Beach
and their representatives have stated that the cost recovery charges authorized under
Municipal Code Section 8.43 exceed the City's authority to bill for this type of emergency
response. According to the City Attorney, based on the limited amount of potential annual
revenue, continuing this program would not be worth the risk of prolonged litigation.
At this time, City staff is returning an Ordinance (Attachment 1), and accompanying
Legislative Draft (Attachment 2), repealing the applicable section of the Municipal Code and
accompanying Fee Resolution 2010-72. The Public Hearing Notice is attached for
reference (Attachment 3).
Environmental Status:
None.
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. An Ordinance of the City of Huntington Beach Repealing Chapter 8.43 of the
Huntington Beach Municipal Code Relating to Costs of Emergency Response
2. Legislative Draft
3. Notice of Public Hearing — Repeal of Municipal Code Section 8.43
Item 13. - 2 H -3 -
ATTACHMENT 1
ORDINANCE NO. 4010
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 8.43 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO COSTS OF EMERGENCY RESPONSE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 8.43 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 2.� This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of N;;rch 92014.
ayor
ATTEST: PROVED AS TO FORM:
e
I ` ,
ity Clerk Ci Attorney
REV ND APPROVED: ATE AND P OV
/ itv�anager ' Fire Chief
1340371103786.doe
Ord. No. 4010
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HIJNTINGTON BEACH )
I, JOAN L. FLYNN,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 ordinance was read to said City Council at a Regular
meeting thereof held on February 18,2014, and was again read to said City Council at a
Regular meeting thereof held on March 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 13,2014.
In accordance with the City Charter of said City e
Joan L.Flynn,City Clerk City erk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
Ordinance No. 4010
LEGISLATIVE DRAFT
For-purposes of this ehaptef,the fellewing wer-ds shall have the meming her-epAef set fei4h Unless a
her-eia shall have the meaning attfibuted to it in or-difiaf-y usage.
"Expenses of an emer-geney response"means these r-easeftable and neeessafy eests difeet!
"Hazar-dous mateFials"means the same as the tefm"hazafdetis waste"as defined by the Califemi
201AThe City Getmeil shall adept and amend,fr-efn time te tifne,a sehedule ef f:ates as deser-ibed in this
o e'er 039 Gent of Em . 11-- ...nsp
D..tes to «the sts sef-viees pr-ev;.le.l by this et;e afe s F lle
•,
:.1°fits
T.
ease by ease basis by the Fire Chief-,his of her-designee er-thifd pafty billing se i i Otift
adopted by r-eseltAien ef the City Cetme-W
B. DeFsons Subje..t to Charges.E*e ..t a pre ,;.1e.1 he..e;« the F ehar-ges shall be
le..t. Costs shall else be eh e.1� ether- ;,de..t
i'iia�vri'cr.����-�xi'c[rcicrav v,,,.:b......., ..::j'........�..,..�:b�;;:�:.............
ATTACHMENT #3
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
PROPOSED REPEAL OF HUNTINGTON BEACH MUNICIPAL CODE 8.43
RELATING TO COST RECOVERY OF EMERGENCY RESPONSES
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the
City of Huntington Beach in the City Council Chambers of the Civic Center located at
2000 Main Street, Huntington Beach, California, at the hour of 6 p.m., or as soon
thereafter as possible, on Tuesday, the 18th of February 2014, for the purpose of
consideration of repealing Chapter 8.43 of the Huntington Beach Municipal Code
relating to an existing fee structure for cost recovery of emergency responses.
It is proposed that this chapter of the Huntington Beach Municipal Code be repealed.
The types of fees that would be repealed include those associated with mitigation of
accident scenes at pipeline and power line incidents.
A complete report detailing the proposed ordinance is available for review by the public
at City Hall, 2000 Main Street, in the City Clerk's Office between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday. Interested persons may also contact the Fire
Department at 2000 Main Street, Huntington Beach, California 92648 to receive
additional information.
All citizens are invited to attend the public hearing and provide the City Council with
written and oral comments or ask questions concerning proposed revisions to the City's
fee schedule.
The City of Huntington Beach endeavors to accommodate persons of handicapped
status in the admission or access to, or treatment or employment in, City programs, or
activities. The City of Huntington Beach is an equal opportunity employer.
Dated: February 6, 2014
CITY OF HUNTINGTON BEACH
JOAN FLYNN, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Telephone: (714) 536-5227
http://huntingtonbeachca.gov/HBPublicComments/
PROOF OF 2014 FEB 20 AN tl= 54
PUBLICATION NOTICE IS HEREBY GIV- Chapter.8.43 of the Hun-
EN that ha public hearing t,6g . Beach Municipal
{" (. will be held by the City Code relating to an ex-
Council.Council of the City of isting fee structure for
BEACH Huntington Beach in,the cost recovery of emer-
City Council Chambers gency responses..
i
NOTKEOFPUBII(HEARING of the Cvic Center in
Gated 20 a Main It is proposed, this
STATE OF CALIFORNIA)
PROPOSED REPEAL OF Street, Huntington chapter of the Hunting-
Beach, California, at the ton Beach Municipal
SS. HUUNGTON REACH hour of 6 p.m., or as Code be repealed. The
IHUNWPALCODE8.43 soon thereafter as possi- types of fees that would I
) RELAflNG T((OST bfe, on Tuesday, the hose a associated include
COUNTY OF ORANGE with
18th of February ' mitigation of accident
RECOVERY OF��� con
for the purpose of con-
sideration of repealing scenes at pipeline and
RESPONSES power line incidents. t
I am a citizen of the United States and a A complete report detail-
resident of the County of Los Angeles; I l detail-
ing
the .proposed ordi-
nance is available for
review by the public at, 1
am over the age of eighteen years, and City -Hall, 2000 Main "{
Street,in the City Clerk.
not a party to or interested in the notice Office between,the hours
of 8:00 a.m.. and 5:00
published. I am a principal clerk of the j p.m., Monday, through
Friday. Interested per-
HUNTINGTON BEACH sons may also contact
e Fire
INDEPENDENT, which was adjudged a t2000 h Main Street,, Hat
Hun=
newspaper of general circulation on tine Beach,California
ti 48 to receive' addi-
September 29, 1961, case A6214, and ' tional information.
June 11, 1963, case A24831, for the Ali citizens are invited to
attend the public hearing
and provide the City
Council with written
City of Huntington Beach, County of and
oral comments or ask
Orange, and the State of California. questions concerning
' proposed revisions to
Attached to this Affidavit is a true and the City's fee schedule.
complete copy as was printed and The City Beach end a Huntington
1 eavors to ac-
commodate persons of
published on the following date(s): i handicapped status in
the admission or access
to, or treatment or em-
ployment in, City pro-
grams, or activities.The
Thursda Februa 6 2014 City of Huntington Beach
y, •yry s i is an"equal opportunity
j employer.
1 Dated:February 6,2014'
I certifyor declare under penalty( p y ' CITY OF HUNTIN(iTON
of perjury that the foregoing is true JOAN FLYNN, City '
and correct. { Clerk
2000 Main Street
Huntington Beach, CA
92648
Telephone: (714) 536_-
5227
Executed on February 12(" , 2014 haeti/cCom ents/
g o v /
1 gBPublicCommenis/
at Los Angeles, California Published H.B. Indepen- i
dent02/06/2014
Signature