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HomeMy WebLinkAboutOrdinance 3902 Amends Huntington Beach Municipal Code - HBMC (2) PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the -- CITY OF OF HUNTINGTON BEACH HUNTINGTON BEACH INDEPENDENT, LEGAL NOTICE which was adjudged a newspaper of ORDINANCE NO.3402 general circulation on August 24 1994, Adopted by the City Council on 'NOVEMBER 15,2010 , "AN ORDINANCE OF THE,CITY OF"HUNTINGTON case A50479, for the City of Huntington BEACH AMENDING SECTION 8.43.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING Beach, County Of'Orange; and the State•r TO EMERGENCY RESPONSE COSTS" SYNOPSIS: of California. Attached to.this Affidavit is ON AUGUST2,2010 THE CITY COUNCIL ADOPTED AN ORDINANCE ADDING MUNICIPAL CODE SEC- a true and complete copy as was'.printed TION 8.43 REGARDING COSTS OF EMERGENCY RESPONSE AND AN ACCOMPANYING FEE RES- and published on the following date(s). OLUTION.THIS ACTION ESTABLISHED RATES TO BE CHARGED TO NON RESIDENTS FOR'RECOV- ERY OF THECOSTS BORNE BY THE CITY FOR EMERGENCY SERVICES PROVIDED BY THE FIRE DEPARTMENT IN ASSOCIATION-WITH 'MOTOR VEHICLE ACCIDENTS, MOTOR VEHICLE FIRES, AND MOTOR VEHICLE EXTRACTIONS. AT THE MEETING ON 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 RELATED, AND November 25, 2010 CHARGES. THSEORDINANCE ISCTIVITIES TAKING SUCH ACTION. - PASSED AND,ADOPTED`by the City Council of the 'City' of Huntington Beach at 'a regular meeting held November 15,2010 by the following roll call vote: AYES:Carchio,Coerper,Green,Dwyer,Hansen Bohr I certify for declare`, under penalty Of NOES:Hardy ABSTAIN:None ABSENT:None perjury that the foregoing is true and THE FULL TEXT E C T OF THEERK'S ORDINANCE IS AVAIL- ABLE INCOrrect. This ordinance is effective BO days after adoption:. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-336-5227 `' JOAN L.FLYNN,'CITY CLERK . Executed on November 26, 2010 Published Huntington Beach Independent No- vember 25,2010 114-211 at Costa Mesa, California _ -- Signatu KEY INSERTIONS: Double underline DELETIONS Strike hr-eugh LEGISLATIVE DRAFT (b) The fallowing rates shall be ehar-ged for-r-eeaver-y ef eests asseeiated with hazar-dous materials mitigatien and/or-elean UP and investigatien, > but net lifflited te, pipeline (i.e., gas, sewef, septie te sewer- and water-pipelines) and/of power- line • be dete....i.—I en a ease by ease basis by�he F-ife Chief-, his/her- designee ef third pafty billing sefnviee in an amount not to emeeed the amettat difeetly ineur-fed by the City to fates, ineliading reasonable at4efneys fees. Stieh eest shall be ehafged, aeeer-ding te the ef the City G6ttneil. (elf Persons Subject to Charges. Except as provided herein, the foregoing eestsghar es shall be charged to any person or persons whose negligent or willful act is the cause of any , release or discharge of any hazardous materials, including, but not limited to,pipeline and/or power line incidents. Costs shall also be charged for any other emergency incident. (4c) Non-Exclusive Remedies. Nothing in this section precludes the City of Huntington Beach from using any other available method to recover costs as described in this section by any other means available by law. City of Huntington Beach Municipal Code Chapter 8.43 Page 2 of 2 9/15/10 10-2466.003/53056 2 ATTACHMENT #3 RESOLUTION NO. 2010-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING THE COST OF EMERGENCY RESPONSE FOR HAZARDOUS MATERIALS, INCLUDING PIPELINE AND POWER LINE INCIDENTS, RATES TO BE CHARGED BY THE FIRE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH WHEREAS, Section 8.43.020 of the Huntington Beach Municipal Code provides that the City Council shall be resolution establish rates for the costs of emergency response services for hazardous materials, including, but not limited to, pipeline and/or power line incidents, provided by the City of Huntington Beach Fire Department; and In order to assist in defraying the cost of police, firefighting, search and rescue and emergency medical services,the City Council desires to establish rates to be paid by persons who utilize or benefit from having said police, firefighting, search and rescue and emergency medical services readily available; and The rates hereinafter established do not exceed the estimated reasonable and necessary costs incurred in making an emergency response to an incident in the City of Huntington Beach for which the rates are charged, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: That the rates are established as follows: PIPELINE INCIDENTS/POWER LINE INCIDENTS (Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines) Basic Response $ 405.00 Intermediate Response $1,120.00 CHIEF RESPONSE $210.00 per hour MISCELLANEOUS Engine $ 405.00 per hour Truck $ 505.00 per hour Miscellaneous equipment $ 405.00 per hour 10-2466.003/53055 Resolution No. 2010-72 BE IT FURTHER RESOLVED that the effective date of the rates set forth in this Resolution shall be on September 15, 2010 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of November , 2010. Mayor REVI AND APPROVED: AP ROVED AS TO FORM: Lj Ci A inistrator ity Attorney . fl2��u�i0 INITIATED AND PP VED: 4T Fire iefVV 10-2466.003/53055 Res. No. 2010-72 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on November 1, 2010 by the following vote: AYES: Carchio, Green, Dwyer, Hansen NOES: Bohr ABSENT: Coerper, Hardy ABSTAIN: None C(J Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #4 i P��AJ c. A'rR0,VK-:_Z Council/Agency Meeting Held:_//—/ -,,Zt)/D Deferred ontinued to 0/6 . "A,Approved ❑ Conditions ly Appr ved ❑ Den eci �, t 'C�y ' 1 k's/,Signatt�aJ Council Meeting Date: October 18, 2010 Department ID Number: FD10 016 CITY-OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Patrick McIntosh, Fire Chief SUBJECT: Approve for introduction Ordinance No. 3902 amending Huntington Beach Municipal Code (HBMC) section 8.43 relating to emergency response costs; Adopt Resolution No. 2010-72 revising the previously adopted Fee Resolution No. 2010-57 to delete all references to motor vehicle related activities and charges for non-residents that use the City's response system Statement of Issue: At the meeting on September 20, 2010, the City Council directed that Municipal Code Section 8.43 regarding costs of emergency response and accompanying Fee Resolution 2010-57 be revised to delete all references to motor vehicle related activities and charges. Financial Impact: Not applicable at this time. Recommended Action: Motion to: A) After the City Clerk reads by title approve for introduction Ordinance No. 3902, "An Ordinance of the City of Huntington Beach Amending Section 8.43.030 of the Huntington Beach Municipal Code Relating to Emergency Response Costs;" and, B) After conducting a public hearing adopt Resolution No. 2010-72, "A Resolution of the City Council of the City of Huntington Beach Setting the Cost of Emergency Response for Hazardous Materials, Including Pipeline and Power Line Incidents, Rates to be Charged by the Fire Department of the City of Huntington. Beach" - revising Fee Resolution 2010- 57. Alternative Action(s): Do not adopt the ordinance or approve the resolution. REQUEST FOR COUNCIL ACTION - MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: FD10 016 Analysis: On August 2, 2010, the City Council adopted an Ordinance adding Municipal Code Section 8.43 regarding 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, motor vehicle fires, and motor vehicle extractions. The Ordinance and resolution also authorized cost recovery for hazardous materials spills or discharges, including pipeline and/or power line incidents, and other emergency incidents. At the meeting on 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. At this time City staff is returning an Ordinance (Attachment 1), and accompanying Legislative Draft (Attachment 2), amending the applicable section of the Municipal Code and a resolution (Attachment 3) amending Fee Resolution 2010-57. These documents include the changes directed by the City Council at the September 20, 2010 meeting. The Public Hearing Notice is attached for reference (Attachment 4). Environmental Status: None. Strategic Plan Goal: Maintain and Enhance Public Safety. Attachment(s): 1. Ordinance No. 3902, "An Ordinance of the City of Huntington Beach Amending Chapter 8.43.030 of the Huntington Beach Municipal Code Relating to Emergency Response Costs" 2. Legislative Draft— Ordinance No. 3902 3. Resolution No. 2010 - 72, "A Resolution of the City Council of the City of Huntington Beach Setting the Cost of Emergency Response for Hazardous Materials, Including Pipeline and Power Line Incidents, Rates to be Charged by the Fire Department of the City of Huntington Beach" 4. Notice of Public Hearin —Revision of Municipal Code Section 8.43 ATTACHMENT # 1 ORDINANCE NO. 3902 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 8.43.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO EMERGENCY RESPONSE COSTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.43.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.43.030 Costs of Emergency Response. Rates to cover the costs of services provided by this section are as follows: (a) The following rates shall be charged for recovery of costs associated with hazardous materials mitigation and/or clean up and investigation, including, but not limited to, pipeline(i.e., gas, sewer, septic to sewer and water pipelines)and/or power line incidents and other emergency incidents: (1) Hazardous materials mitigation and/or clean up and investigation costs shall be determined on a case-by-case basis by the Fire Chief,his/her designee or third party billing service in an amount not to exceed the amount directly incurred by the City to provide such service, including, but not limited to, reasonable costs of collecting such rates, including reasonable attorneys fees. Such cost shall be charged according to the usual,customary and reasonable rates as set by a schedule of rates adopted by Resolution of the City Council. (b) Persons Subject to Charges. Except as provided herein,the foregoing charges shall be charged to any person or persons whose negligent or willful act is the cause of any release or discharge of any hazardous materials, including,but not limited to,pipeline and/or power line incidents. Costs shall also be charged for any other emergency incident. (c) Non-Exclusive Remedies. Nothing in this section precludes the City of Huntington Beach from using any other available method to recover costs as described in this section by any other means available by law. 10-2466.003/53053 1 Ordinance No. 3902 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 15th day of November , 2010. Ma r ATTEST: APPROVED AS TO FORM: City Jerk �CityAttomey REVIE AND APPROVED: INITIATED AND APPROV D: ty dministrator Fire Chief 10-2466.003/53053 2 Ord. No. 3902 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 November 1,2010,and was again read to said City Council at a regular meeting thereof held on November 15,2010,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Green, Dwyer, Hansen NOES: Hardy, Bohr ABSENT: None 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 25,2010- In accordance with the City Charter of said City Joan L. Flynn, Ci. Clerk CWy Clerk and ex-officiolVerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 KEY INSERTIONS: Double underline DELETIONS Stfikethfaugh ORDINANCE NO. 3902 LEGISLATIVE DRAFT Chapter 8.43 COSTS OF EMERGENCY RESPONSE (3888-9/10,Resolution No.2010-57) Sections: 8.43.010 Definitions 8.43.020 Rate Schedule Adoption 8.43.030 Cost of Emergency Response 8.43.010 Definitions. For purposes of this chapter, the following words shall have the meaning hereafter set forth unless a different meaning is clearly intended from the context in which such word is used. Any word not defined herein shall have the meaning attributed to it in ordinary usage. (a) "Expenses of an Emergency Response"means those reasonable and necessary costs directly incurred by the City in making an appropriate emergency response to an incident, and include the cost of providing police, firefighting, search and rescue, and emergency medical services at the scene of an incident, and salaries of the persons who respond to the incident, but does not include charges assessed by an ambulance service. (b) "Hazardous Materials" shall mean the same as the term "Hazardous Waste" as defined by the California Department of Health pursuant to Health and Safety Code Sections 25117 and 25141. (c) "Incident" means any event which causes an emergency response by the City. 8.43.020 Rate Schedule Adoption. The City Council shall adopt and amend, from time to time, a schedule of rates as described in this section by resolution. 8.43.030 Costs of Emergency Response. Rates to cover the costs of services provided by this section are as follows: (a) The following rates shall be charged for recovery of costs associated with motor , hazardous materials mitigation and/or clean up and investigation. including, but not limited to, pipeline (i.e., gas, sewer, septic to sewer and water pipelines) and/or power line incidents.. and other emergency incidents:. (1) fires xt,aetions end ethef emef eney ineideHazardous materials mitigation and/or clean up and investigation costs shall be determined on a case-by-case basis by the Fire Chief, his/her designee or third party billing service, in an amount not to exceed the amount directly incurred by the City to provide such service, including, but not limited to, reasonable costs of collecting such rates, including reasonable attorneys fees. Such cost shall be charged according to the usual, customary and reasonable rates as set by a schedule of rates adopted by Resolution of the City Council. The eest sha1 not be ehafged to any per-son who is a r-esident of the City of Huntington Beaeh. City of Huntington Beach Municipal Code Chapter 8.43 Page 1 of 2 9/15/10 10-2466.003/53056 2 NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH FEE RESOLUTION FOR 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 Monday, the 18th of October 2010, for the purpose of considering a revision of Fee Resolution 2010-57_regarding cost recovery of emergency responses. It is proposed that the previously adopted rate schedule be revised to delete all references to motor vehicle related activities and charges for non-residents that use the City's emergency response system. The types of fees under consideration include those associated with mitigation of accident scenes at motor vehicle accidents and vehicle fires. A complete report detailing the proposed fee schedule 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: CITY OF HUNTINGTON BEACH JOAN FLYNN, City Clerk 2000 Main Street Huntington Beach, CA 92648 Telephone: (714) 536-5227 /�cc.✓3 - 1'�3d�r� /d/7 Ad NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH FEE RESOLUTION FOR 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 Monday, the 18th of October 2010, for the purpose of considering a revision of Fee Resolution 2010-57 regarding cost recovery of emergency responses. It is proposed that the previously adopted rate schedule be revised to delete all references to motor vehicle related activities and charges for non-residents that use the City's emergency response system. The types of fees under consideration include those associated with mitigation of accident scenes at motor vehicle accidents and vehicle fires. A complete report detailing the proposed fee schedule 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: September 30, 2010 CITY OF HUNTINGTON BEACH .ROAN FLYNN, City Clerk 2000 Main Street Huntington Beach, CA 92648 Telephone: (714) 536-5227 http://www.huntingtonbeachca.go _....CLASSIFIED Daily Prot ADVERTISING �1's .-,� T' Daily Pilot Printed by 9066 Sandrine Gang Sep 23,201 J,11:44 am t I Salesperson: ' Phone: Ad 33798652 ° e ° _ Account Information . _.�_ _. _; � ��n., __ �. �- �< Ad Enformation Phone#: (714)536-5227 Startdate,09-30-10 Size 2x52,420 Name: CITY OF H UNTI NGTON BEAC H Stop date 10-07-10 Billed size, 5,50TCNInch Address: P.O.BOX 784 Insertions 2 Keyword HUNTINGTON BEACH,CA 92548 Rate code;&Legal Huntington Beach Ad type. Liner Taken by 9966 Sandrine Gann Acct#: 277391004 'Classification 13000-Legal Notices Publications TCN HBI Client: Clerk's off ice-City Huntington Beach Placed by: Patty Esparza Fax#,: (714)374-1557 Ad Copy: FIS OF POBUC HEARING HUNTINGTON BEACH ON FOR COST RECOVERY RGENCY RESPONSES 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 Monday, the 18th of October 2010, for the purpose of considering a revision of Fee Resolution 2010-57 regarding cost recovery of emergency responses. It is proposed that the previously adopted rate schedule be revised to delete all references to motor vehicle related activities and charges for non-residents that use the City's emergency response system. The types of fees under consideration include those associated with mitigation of accident scenes at motor vehicle accidents and vehicle fires. A complete report detailing the proposed fee schedule is available for review by the public at City Hail,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- Al I 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:September 30,2010 CITY OF HUNTINGTON BEACH JOAN FLYNN,City Clerk 2000 Main Street Huntington Beach,CA 92648 Telephone.(714)536-5227 http://www.huntingtonbeachco.gov/ Published Huntington Beach Independent September 30,October 7,2010 095-043 _a- ad proof pg,1 - 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 PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; i am over the age of eighteen years, and not a party to or interested in the below entitled matter. am a principal clerk of the HUNTINGTON — -- - ---- BEACH INDEPENDENT, a newspaper of NOTICE OF PUBLIC HEARING general circulation, printed and published in CITY OF TINGTON BEACH FEE RE SOLUTION NFORCOST RECOVERY the City of Huntington Beach, County of OF EMERGENCY RESPONSES NOTICE IS HEREBY GIVEN that a public hearing Orange, State of California, and the will be held by the City Council of the.City,of Huntington Beach in the City Council Chambers attached Notice is a true and complete copy of the Civic Center located at 2000 Main Street, Huntington Beach, California, at the hour of 6 as was printed and published,* on '.the P.M. or as soon thereafter as possible on Monday, the 18th .of October 2010, for the following date(s): purpose of considering a revision of Fee Res- olution 2010-57 regarding cost 'recovery of emergency responses. It is proposed that the previously adopted rate schedule be revised to delete all references to motor vehicle related activities and charges for non-resident's that use the ,City's emergency response' system. The types of,'fees 'under September 30, 2010 consideration include those associated with miti- gation of accident,scenes at motor vehicle i accidents and vehicle fires. A complete report detailing the proposed fee schedule is available,for review by the public at j 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 Lee also contactthe Fire.Department at 2000 Street; Huntington Beach', California 92648 i 1 declare, under penalty of perjury, that the iceive additional information. citizens are invited'to attend the; public foregoing is true and correct. ing and provide the.City Council with written oral comments or ask questions concerning osed revisions to the City's fee schedule. City 'of Huntington Beach endeavors to immodate persons of.handicapped.status in Executed on October 7, 2010 admission or access to, or treatment or loyment in, City programs, or activities.'The of Huntington Beach is an equal opportunity at Costa Mesa, California loyer. d:September 30,2010 CITY OF HUNTINGTON BEACH _ 10AN FEYNN,City Clerk /J 2000 Main Street H CA 92648 Telephone (714)ton r536-5227 h ttp://www.h u ntingtonbeachca.gov/ blished,Huntington Beach Independent Sep- Signature er 30,October 7,2010 095-043