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. CJTY OF SAN BERtCJIDINO - REQUEST OR COUNCIL ACTION
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. From:
William L. Wright, Fire Chief Subject:
RESOLUTION OF INTENT for City tc
consider assumption of
responsibility for enforcement
of Chapter 6.7, Division 20,
Health and Safety Code
Dept:
Fire Department
Date:
June 29, 1990
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
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Signature
Contact person:
Jim Knight, Deputy Chief
Phone:
384-5286
Supporting data attached: :J"
FUNDING REQUIREMENTS:
yes
Ward:
1-7
Amount:
unknown
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
el
~ OF SAN BERN~INO - REQUEST Fa:..-: COUNCIL ACTION
STAFF REPORT
BACKGROUND AND SUMMARY
Recent passage of Assembly Bill 1030 has provided a
window of opportunity for cities such as San Bernardino
to file a Notice of Intent with their respective county
organizations advising of their consideration to assume
the responsibility for implementation of specific State
Health and Safety Code provisions. Those provisions
relate to enforcement of regulations for Underground
Storage of Hazardous Substances, as well as for
regulations on Hazardous Materials Release Response
Plans Inventory, and Hazardous Materials Management.
Within these State Code chapters are provisions for
charging fees for reimbursement of costs associated with
administration of these programs.
The San Bernardino Fire Department is currently involved
in several aspects of these programs as is required by
State and Federal regulations. As only partial
fulfillment of regulatory responsibilities is managed,
without the benefit of reimbursement for these services,
it appears there may be unknown hazards left unchecked
in this critical community area of concern. San
Bernardino County is the current Administering Agency.
They impose and collect all related fees County wide,
though some of the actual work is accomplished by local
agencies such as San Bernardino. San Bernardino County
has been the Administering Agency of Record for this
program since 1986.
Fiscal impact of this action, if implementation were to
occur in fiscal year 1991-1992, would require
consi~~T-ation for additional staff and equipment. This
progrdffiappears to be an area with added growth and
related~revenue recovery potential. Cost recovery
through fees and permits is expected to wholly offset
all related costs.
Council action to adopt the Resolution will permit San
Bernardino to notify San Bernardino County of its intent
to seek transfer of responsibilities for these programs
by July 1, 1991 unless an earlier date is desired by
Council and agreed to by San Bernardino County. This
action would also return local control to San Bernardino.
for factors which could present community safety
considerations.
75.0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, PROVIDING FOR NOTIFICATION TO THE
COUNTY OF SAN BERNARDINO OF THE CITY'S INTENT TO ASSUME
RESPONSIBILITY FOR THE IMPLEMENTATION OF CHAPTER 6.7 (COMMENCING
WITH SECTION 25280) OF DIVISION 20 OF THE HEALTH AND SAFETY
CODE OF THE STATE OF CALIFORNIA
WHEREAS the County of San Bernardino presently has respon-
sibility for implementing the provisions for Chapter 6.7
(commencing with Section 25280) of Division 20 of the Health
and Safety Code of the State of California entitled "Underground
Storage of Hazardous Substances" (hereinafter referred to
as "CHAPTER 6.7") wi thin the city limits of the City of San
Bernardino, and
WHEREAS the City Council has determined that it is in
the best interest of the City of San Bernardino that responsi-
bili ty of the implementation of CHAPTER 6.7 wi thin the City
be assumed by the City, and
WHEREAS Health and Safety Code Section 25283 (b) requires
that the City notify the County of San Bernardino on or before
July 1, 1990, of the City's intentions to assume responsibility
for e;~-implementation of CHAPTER 6.7,
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1 NOW THEREFORE the City Council of the City of San
2 Bernardino, California, does hereby resolve as follows:
3
4 SECTION 1: Pursuant to the authorization set forth in
5 Health and Safety Code Section 25283 (a), the City of San
6 Bernardino shall assume responsibility for implementing CHAPTER
7 6.7 of Division 20 of the Health and Safety Code of California
8 entitled "Underground Storage of Hazardous Substances." The
9 effective date of the City's assumption of responsibility
10 for the implementation of CHAPTER 6.7 shall be determined
11 following consultation with the County of San Bernardino but
12 shall be no later than July 1, 1991.
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14 SECTION 2: The City Clerk shall notify the County of
15 San Bernardino of the City's intention to assume responsibility
16 of the implementation of CHAPTER 6.7 by delivering a copy
17 of the resolution to the Clerk of the Board of Supervisors
18 on or before July 1, 1990.
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20 SECTION 3: The City Attorney is directed to prepare
21 for City Council consideration an ordinance providing for
22 the ~ty's assumption of responsibility for the implementation
23 of CHApTER 6.7, and the City Attorney shall, in said ordinance,
24 provide that the City's Fire Department shall be the agency
25 responsible for administering and enforcing CHAPTER 6.7 wi thin
26 the city limits of the City.
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Reso:
Intent to
Enforcement
Code
Consider Assumption of
of Chapter 6 . 7 of the
Responsibility for
Health and Safety
I HEREBY CERTIFY that the foregoing resolution was duly
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Bernardino at a
5 adopted by the Mayor and Common Council of the City of San
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on the
day of
8 vote, to wit:
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
meeting thereof,
held
1990, by the following
AYES
NAYS
ABSTAIN
The foregoing resolution is hereby approved this
day
of ,",_C
1990.
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
L'''''-..
CITY CLERK
w. R. HOLCOMB, MAYOR
City of San Bernardino
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.....,
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1990-
3 1991 PENDING ADOPTION OF THE 1990-1991 FINAL BUDGET.
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1.
That certain document entitled "1989-1990
6
Annual Budget," as amended and conditioned by orders of the Mayor
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and Common Council, on file in the office of the City Clerk is
hereby approved and adopted as the interim budget of said City
9
for the 1990-1991 fiscal year pending adoption of the 1990-1991
Final Budget.
SECTION 2.
Until the adoption of the 1990-1991 Final
Budget, no new personnel shall be employed, or equipment or
capital items purchased without approval of the Mayor. Approvals
19
shall be granted for emergency situations.
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DAB/ses/Budget.res 1
June 26, 1990
28
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR
2 1990-1991 PENDING ADOPTION OF THE 1990-1991 FINAL BUDGET.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
meeting thereof, held on the
6
, 1990, by the following vote, to wit:
day of
7
Council Members:
NAYS
ABSTAIN
AYES
8 ESTRADA
9 REILLY
10 FLORES
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17
City Clerk
The foregoing resolution is hereby approved this
day
18
of
, 1990.
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20 W. R. Holcomb; Mayor
City of San Bernardino
21 Approved as to
form and legal content:
22
JAMES F. PENMAN.
23 City Attorney
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By: ~'-. -; /r:.~~
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DABjsesjBudget.res
June 26, 1990
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