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HomeMy WebLinkAbout02-Fire Department . CJTY OF SAN BERtCJIDINO - REQUEST OR COUNCIL ACTION ~ . . 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 A.,/ ...... \..~J. ~lr--.L ~ I {..(/'---.... _ L-L--,--(' () / - 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 II . I . .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \- r-' \- ~' .-"" ....... 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, / / / / / / / / / / / / / / / / / / / / / / / / -1- . c ,.' ... ..J 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. 13 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. 19 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. 27 IIII 28 IIII -2- . 1 2 3 4 !I '! c 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 6 7 Bernardino at a 5 adopted by the Mayor and Common Council of the City of San 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- ~ . 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 c ....., 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 7 8 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / DAB/ses/Budget.res 1 June 26, 1990 28 r c -- 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. 19 20 W. R. Holcomb; Mayor City of San Bernardino 21 Approved as to form and legal content: 22 JAMES F. PENMAN. 23 City Attorney 24 /'J By: ~'-. -; /r:.~~ U 25 26 27 28 DABjsesjBudget.res June 26, 1990 2