HomeMy WebLinkAboutOrdinance 2019 (Fire Commission Ordinance Updates)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS
2.16.010 THROUGH 2.16.013 OF THE SAN RAFAEL MUNICIPAL CODE
RELATED TO THE FIRE COMMISSION
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 19th day of September 2022;
a SUMMARY of Ordinance No. 2019 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 3rd day of October, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill & Mayor Kate
WITNESS my hand and the official
Seal of the City of San Rafael this
4th day of October 2022
______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.010 THROUGH 2.16.013 OF THE SAN RAFAEL
MUNICIPAL CODE RELATED TO THE FIRE COMMISSION
WHEREAS, Article VIII, Section 10 of the Charter of the City of San Rafael requires
the City Council to appoint a Board of Fire Commissioners of the City of San Rafael; and
WHEREAS, regulations governing the Board of Fire Commissioners of the City of
San Rafael are located in the San Rafael Municipal Code (SRMC) Sections 2.16.010
through 2.16.013 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends amending SRMC Section 2.16.011 (Board
membership-Compensation) by replacing the provision that members serve without
compensation with a provision that authorizes the City Council to establish their
compensation by resolution; and
WHEREAS, staff recommends removing the Commission’s duty to review, and
make comments and recommendations regarding the annual operating budget of the fire
department by deleting the applicable provision from the SRMC Section 2.16.013 (Trustee
powers and duties); and
WHEREAS, there are instances throughout the SRMC where masculine language
is used, and staff recommends amending the language to be gender-neutral; and
WHEREAS, staff recommends repealing Section 2.16.012 of the SRMC (Board
term of office and removal) in its entirety because it is duplicative of information set forth
in Article VIII, Section 10 of the San Rafael Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Sections 2.16.030 through 2.16.033 of Chapter 2.16 (Boards and Commissions) of the
San Rafael Municipal Code are hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
2.16.010 - Board of fire commissioners.*
A board of fire commissioners is created.
(Ord. 889 § 2, 1967: Ord. 825 § 1, 1965: Ord. 422).
* Fire commission—See San Rafael Charter, Art. VIII § 10.
2.16.011 - Board membership—Compensation.
The board of fire commissioners shall consist of five members appointed by the city
council, one of whom may be a councilman councilmember. The chief of the fire
department shall be an ex officio member of the commission, but shall not be entitled to
vote as a member of the commission. All members of the commission shall serve without
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compensation. The city council may establish compensation for members of the board of
fire commissioners by resolution.
(Ord. 889 § 3 (part), 1967).
2.16.012 - Board term of office and removal.
The members of the board of fire commissioners shall serve for a term of four years and
shall be subject to removal by the affirmative vote of three members of the council. The
terms of office of members of the commission shall be staggered in the manner provided
by resolution of the city council.
(Ord. 889 § 3 (part), 1967).
2.16.013 - Board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the board of fire commissioners shall be:
To review and recommend concerning the future needs of the fire department in respect
to long-range capital needs, including buildings, training facilities, and water mains and
hydrant replacements;
To review the relationship of the fire department with other governmental agencies and
private entities concerning topics which the commission feels present a true and pressing
need for the city's fire service, i.e., mutual aid and the fire rating system of the Independent
Insurance Office;
To review, comment and make recommendations regarding the annual operating budget
of the department;
To recommend to the fire chief and the city council action concerning initial adoption and
future amendments to the fire prevention code, the building code, and other such
ordinances which pertain to the prevention of fires within the community;
To receive monthly reports from the department head concerning the general operations
and functions of the department;
To perform such other duties as may be prescribed by the city council.
(Ord. 1131 § 1, 1974: Ord. 889 § 3 (part), 1967).
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
Division 3. CEQA Determination.
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This Ordinance makes only administrative changes to the operations of a City commission
and is therefore exempt from the requirements of the California Environmental Quality Act
(CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
Division 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the 3rd day of October 2022 by the
following vote, to wit:
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk