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HomeMy WebLinkAboutCC Resolution 12145 (Fire Protection Services Budget Transfer)RESOLUTION NO. 12145 RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF THE FIRE PROTECTION SERVICES BUDGET AND EQUIPMENT TO THE COMMUNITY DEVELOPMENT DEPARTMENT, THE TRANSFER OF PERMIT FEE COLLECTION AUTHORITY TO THE COMMUNITY DEVELOPMENT DEPARTMENT, AND THE ENFORCEMENT BY THE CHIEF BUILDING OFFICIAL OF BUILDING STANDARDS RELATING TO FIRE AND PANIC SAFETY IN THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING THE CALIFORNIA FIRE CODE, AND OTHER REGULATIONS OF THE STATE FIRE MARSHAL AND OTHER LOCAL REGULATIONS, FOR R-3 DWELLINGS AND OTHER BUILDINGS, IN CONNECTION WITH THE FIRE DEPARTMENT PHASE II REORGANIZATION. Whereas, in January 2006 the City Council authorized the Fire Department to reorganize how it allocates resources in order to more cost effectively carry out its responsibilities and to improve customer service for plan checking and inspection services; and Whereas, this reorganization was established to contain three Phases, of which Phase I has been implemented and the City is now prepared to implement Phase II on November 7, 2006; and Whereas, Phase II proposes to transfer all Fire Department related code enforcement and plan checking responsibilities (fire prevention) related to fire and panic safety regulations to the Chief Building Official, and to merge Building Inspection, Code Enforcement and Fire Protection Inspection functions to improve the accuracy and speed of work; and Whereas, the Chief Building Official has the knowledge, ability, and the work experience involving duties of the same character, to assume and manage these fire and panic safety regulations, and will supervise specifically trained fire plans review and fire inspection personnel within the Building Division of the Community Development Department; and Whereas, the Fire Chief will remain responsible to converse with the Chief Building Official about fire and panic related code enforcement; and Whereas, the Health and Safety Code Section 13146 provides that the enforcement of building standards relating to fire and panic safety contained in the California Building Standards Code as they relate to R-3 dwellings shall be delegated to the chief of the city fire department or chief building official of a city, and for other buildings to the chief of the city fire department; however, Government Code Section 34004 allows a city council to delegate duties imposed upon a city officer upon another city officer who is charged with the performance of duties of the same character in the city; and Whereas, Health and Safety Code section 13146.5 stipulates that, so far a practicable, the provisions of Sections 13145, 13146 and 13146.3, related to fire and panic safety regulations, shall be carried out at the local level by persons who are regular full-time members of a regularly organized fire department of a city, county or fire protection district, and shall not be carried out by other persons pursuant to Section 34004 of the Government Code; and Whereas, the City Council finds that it is not practicable to continue to use full-time members of the Fire Department to enforce the foregoing fire and panic safety regulations, Fire Marshal regulations, and other local regulations, since to do so would foster a disconnection between separate inspection and plan checking functions in the Building Division of Community Development and the Fire Department, result in the extension of development permit processing time, cause unnecessary inter -departmental conflicts due to differing pre -construction requirements and time management goals, and prevent efficient and cost-effective completion of inspection requirements due to limited staffing and resources in the Fire Department; and Whereas, the City has satisfied its meet and confer responsibilities under the Meyers- Milias-Brown Act (Government Code Section 3500 et seq.) with respect to the transfer of work responsibilities from the Fire Department to the Community Development Department in connection with the Phase II reorganization; and Whereas, the implementation of Phase II reorganization will require the transfer to the Community Development Department of a portion of the current Fire Prevention Services budget for personnel, operations, vehicles and equipment, and will require the transfer of $111,000.00 in additional General Fund monies to the Community Development Department to complete implementation of Phase II of the Fire Department Reorganization. Whereas, permit fees previously authorized for collection by the Fire Department under Exhibit `B" of City's Master Fee Schedule, Resolution No. 11871, should now be collected by the Community Development Department since such permits will now be issued by that Department. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby delegates to and authorizes enforcement by the City's Chief Building Official of the fire and panic safety building regulations contained in the California Building Standards Code, including the California Fire Code, other fire and panic safety regulations adopted by the California State Fire Marshal, and any other local fire and panic safety regulations adopted by the City, for R-3 dwellings and any other buildings subject to city regulation under state law. BE IT FURTHER RESOLVED, that the City Council authorizes the transfer of $232,000 from the Fire Prevention Services budget to the Community Development Department budget, in addition to 2 Vehicles, 2 handheld radios and 2 computers currently allocated to Fire Prevention Services. BE IT FURTHER RESOLVED, that the City Council authorizes an additional transfer of $111,000 from the General Fund to the Community Development Department budget in order to fully fund fire inspection and plan check activity within the Community Development Department. BE IT FURTHER RESOLVED, that the permit fees previously authorized for collection by the Fire Department under Exhibit "E" of the Master Fee Schedule, Resolution No. 11871, shall now be collected by the Community Development Department. BE IT FURTHER RESOLVED, that the actions approved herein are exempt from the California Environmental Quality Act ("CEQA") pursuant to the State CEQA Guidelines, since these actions involve a local government reorganization (14 Cal. Code Regs. Section 15320), and it can be seen with certainty that there is no possibility that these actions would have a significant effect on the environment (14 Cal. Code Regs. Section 15061(b)(3)). I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and replarly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6" day of November, 2006 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro COUNCILMEMBERS: None COUNCILMEM 3ERS: None %Jc . JE M. LEO�ICityerk