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Home My WebLink AboutORDINANCE 3754 SECTION 14.16.180 - SALE OF WATER OUTSIDE CIT Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF C17XOFWNTINGTON PUBLICATION oieNifi : rsa Adopted 6y'Ae Cit�Gundl on NOVE080 6,21106 STATE OF CALIFORNIA ) THE C1 E, .012DTY OFF.,HUN ,,'OF HUNTING- TON BEACH AMENDING SS. THE, HUNT[NGTON EACO MUNICIPAL'CODE (� BY AMENDING SECTION- COUNTY . OF ORANGE > 14,16J80 RELATING JO THE SALE OF, WATER OUTSIDE THE"CITY"LIM- ITS" am the Citizen of the United States and a SECTIONS'14.16.1so : ,OF THE 'MUNICIPAL resident of the County aforesaid; I am over COPE STATED THAT the age of eighteen years, and not a party HESCITY T SE L A ,TER`10 CONSUMERS` to or Interested In the below entitled matter. OUTSIDE THE CITY UN ILESS THE,CITY COUNCIL am a principal clerk of the HUNTINGTON ADOPTED A RES- OLUTION DETERMiN- BEACH INDEPENDENT, a newspaper of 1NG THAT'A.SURPLUS OF WATER EXISTED]IN general;circulation, printed and published in EXCESS OF THAT RE- (0UIRED BY THE IN- the City of Huntington Beach, County of HABITANTS, OF THE Orange, State of California; and the CITY. RECENCIL THE CfTY. CQUNCIL'.'AP+ attached Notice is a true and complete copy OWT11O h ,BY RES� ,ELUTION n'REQUEST as was printed and published on the TO RARY: A7E SUP WATE TEMPO-- PO-, TO HAR- RIETT PR RE following date(s): A`L A_R K FTilt iISTASLISHMENT `flF THE `NATIVE CALIFOR MIA LANDSCAPE `.FOR THE PARK: THIS' `ORDINANCE AME140E0 THE CODE, TO ALLOW WATER TO BE SERVED OUTSIDE, THE CITY LIMITS,, BY NOVEMBER 1 6, 2 0 0 6 cITYLUCOUNC L, 'Bur. ;WITHOUT. DECLARA- TION OF:SURP.LUS`WA-- TER WHEN IT WILL EN HANCE THE HEALTH OR SAFETY OF 7HE PUBLIC DURING 'THE USE OF; PUBLIC PROP,E;RTY. SUCH' AS A PUBLIC" PARK,BEACH,OR OTH- ER FACILITY .OWNS' OR`OPERATED" BY. A PUBLIC`ACEh1CY. declare, under penalty of perjury, that the I'DINANCE'ARE AVAiw foregoing is true and correct. CLERK'S OFFICE. cITY PASSED ANDADOPTED by the City;',CounClIr of the City;of :Huntingtod! Beach at a regular meet-., ing held`November 6, Executed on NOVEMBER 1 6, 2 0 0 6 goes by the,,'following roll call vote: at Huntington Beach, California AYES: .,Bohr; Green Goerper,Sullivan,Hardy,:! ,-Hansen. , - ABSENTi Cook ' .. �� This' ,30. ay is te adopts 30 days after adoption. SI nature CIT g ' 111iNTINGTONON BEACH,, 2600 MAIN STREET HUNTHIOTON BEACH, ' CA 92646 714-536- 37 JOAH L.TLYNN; CITY CLERK Published Huntington,' Beach Independent No vember 16 2006 ;i13-I32i3 2900' OCT -4 AN 10* 04 Council/Agency Meeting Held: L011(24Di� 1,14 U 11 T 0 N1, Deferred/Continued to-)(11)507� /1 16 16A ff W ADproved LJ Conditionally Approved LJ Denied Ciff dlerkl Sign#ure 4XI V Council Meeting Date: 10/16/06 Department ID Number: PW06-069 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND Cl Y COUNCIL MEMBERS SUBMITTED BY: PEN LOPE (AJLBRETH-GRAFT TY �PMINISTRATOR PUBLIC LIC PREPARED BY: ROBERT F. BEARDSLEY, PE, I EWCR OF PUBLIC ORKS SUBJECT: ADOPT ORDINANCE NO3�AMENDING SECTION 14.16.180 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE SALE OF WATER OUTSIDE CITY LIMITS FStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Section 14.16.180 of the Municipal Code prohibits the sale of water outside the City limits unless a surplus of water is declared by resolution of the City Council. This ordinance would amend the code to allow, by City Council resolution, water to be served outside City limits to public facilities such as parks. Funding Source: The cost of serving water is recouped through the funds collected for water service. Recommended Action: Motion to: Adopt Ordinance No.3454 An Ordinance of the City of Huntington Beach Amending the Huntington Beach Numicipal Code by Amending Section 14.16.180 Relating to the Sale of Water Oulside the City Limits. Alternative Action(s): Do not adopt the ordinance. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/16/06 DEPARTMENT ID NUMBER: PW06-069 Analysis: Section 14.16.180 of the Municipal Code states that it is unlawful for the City to sell water to consumers outside the City unless the City Council shall by resolution determine that a surplus of water exists in excess of that required by the inhabitants of the City. Recently, the City Council approved by resolution a request to supply temporary water to Harriett Wieder Regional Park for establishment of the native California landscape for the park. The ordinance presented herein would amend the Municipal Code to allow water to be served outside the City limits, by resolution of the City Council, but without declaration of surplus water when it will "enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency." The costs for water service are recouped through metered use and related charges on the monthly municipal services bill. This item was presented as an H-item by Councilmember Green at the August 21, 2006 City Council meeting. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. Amending the Huntington Beach Municipal Code by Amending Section 14.16.180 Relating to the Sale of Water Outside the City Limits I -2- 10/2/2006 8:44 AM i �I ORDINANCE NO. 3 7 5 4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 14.16.180 RELATING TO THE SALE OF WATER OUTSIDE THE CITY LIMITS WHEREAS,the City Council desires to amend the Huntington Beach Municipal Code related to the sale of water outside the city limits, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 14.16.180 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.16.180 Sale of water outside city. It is unlawful for the City Water Department to sell water to consumers outside the city, or to allow any consumer outside the city to use any water furnished by the city system unless the City Council shall by resolution determine and declare as follows: a) that a surplus of water exists in excess of that required by the inhabitants of the city; or b) that the sale or use of water outside the city will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency. SECTION 2. This ordinance shall become effective thirty (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 November 06 , 2006. Mayor ATTEST: APPROVED AS TO FORM: Ci y Attorney �� (,,If2b REVIEWED AND APPROVED: I D AND APPROVED: 11 �ity Admii strator Director of Public Works 06-534/472 l Ord. No. 3754 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON 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 the 16th day of October,2006,and was again read to said City Council at a regular meeting thereof held on the 6th day of November,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green,Coerper, Sullivan, Hardy, Hansen NOES: None ABSENT: Cook ABSTAIN: None 1,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 November 16,2006. In accordance with the City Charter of said City Joan L. Flynn,Ci . Clerk CU Clerk and ex-officio erk Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3 ' LEGISLATIVE DRAFT 14.16.180 Sale of water outside city. It is unlawful for the City Water Department to sell water to consumers outside the city, or to allow any consumer outside the city to use any water furnished by the city system unless the City Council shall by resolution determine and declare as follows: a) that a surplus of water exists in excess of that required by the inhabitants of the city; or b) that the sale or use of water outside the city will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency. 06-534/4724 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Adopt Ordinance No.33g Amending Section 14.16.180 of the Huntington Beach Municipal Code Relating to the Sale of Water Outside the City Limits COUNCIL MEETING DATE: October 16, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached t Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff LU'6) Deputy City Administrator(Initial) • City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (BelowOnly) RCA Author: Ken Dills