HomeMy WebLinkAboutCC Resolution 11832 (CUPA Withdrawl)RESOLUTION NO. 11832
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING THE SAN RAFAEL FIRE DEPARTMENT'S
WITHDRAWAL AS A CERTIFIED UNIFIED PROGRAM
AGENCY (CUPA), AND DIRECTING THE FIRE CHIEF TO
SEND THE REQUIRED 180 DAY NOTICE OF WITHDRAWAL
TO THE CALIFORNIA SECRETARY OF ENVIRONMENTAL
PROTECTION AND THE COUNTY OF MARIN.
WHEREAS, on October 8, 1998 the City Council adopted Ordinance No. 1733 for
purposes of establishing the San Rafael Fire Department as a Certified Unified Program Agency
("CUPA") to enforce Certain Hazardous Materials Management Regulations of the California
Health and Safety Code as approved by the Secretary of Environmental Protection; and
WHEREAS, Ordinance No. 1733 established Chapter 4.20 of the City of San Rafael
Municipal Code, specifying the intent of the City Council to enforce all applicable provision of
law, and implementing regulations; and
WHEREAS, the City Council finds that the San Rafael Fire Department needs to place
greater emphasis on its core responsibilities, such as general fire code enforcement, new
construction inspection, housing team inspection, fire investigation, special occupancy
inspection, gaining compliance for violations identified by fire company inspections, pre -
construction meetings with builders and subsequent documentation, plan checking, construction
inspection, vegetation management, complaint inspection and processing, processing
development proposals, inspection for new business licenses and managing dispatch services;
and
WHEREAS, the City Council finds that the Fire Department's core responsibilities and
CUPA enforcement requirements have increased considerably during past years to a point that
the Fire Department requires increased staffing beyond the ability of the City and fees generated
by the CUPA Program to fund; and
WHEREAS, Section 25404.3 of the California Health and Safety Code specifies that a
CUPA may withdraw after providing 180 days notice to the California Secretary for
Environmental Protection and the County within which the CUPA is located; and
WHEREAS, the Fire Chief has recommended that the City Council approve the
withdrawal of the San Rafael Fire Department as a CUPA, and that the required 180 day notice
of withdrawal to the California Secretary of Environmental Protection and the County of Marin;
and
WHEREAS, the Fire Chief has recommended that the City Council, at an appropriate
later date, adopt an Ordinance to repeal Chapter 4.20 of the City of the San Rafael Municipal
Code.
�
rd U � L $3�-
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES to approve withdrawal of the San Rafael Fire Department as a CUPA, and to
authorize the Fire Chief to send the required 180 day notice of withdrawal to the California
Secretary for Environmental Protection and the County of Marin.
The foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 19`h day of September, 2005, by the
following vote to wit:
AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen
JOANNE M. LEONCINI, City Clerk