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
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JE M. LEO�ICityerk