HomeMy WebLinkAboutOrdinance 1840 (Repeal Fire Dept. as CUPA)CLERK'S CERTIFICATE
1, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1840 entitled:
"AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL REPEALING
CHAPTER 4.20 OF THE CITY OF SAN RAFAEL MUNICIPAL CODE WHICH
ESTABLISHED THE FIRE DEPARTMENT AS A CERTIFIED UNIFIED PROGRAM
AGENCY (CUPA) RESPONSIBLE FOR ENFORCEMENT OF ALL APPLICABLE
PROVISIONS OF STATE LAW RELATING TO THE USE AND STORAGE OF
HAZARDOUS MATERIALS"
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 21st day of February, 2006,
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 6th day of March, 2006, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller and Miller
WITNESS my hand and the official
seal of the City of San Rafael this
13th day of March, 2006
4.
J M.
E��
LEON INI,City Clerk
ORDINANCE NO. 1840
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL,
REPEALING CHAPTER 4.20 OF THE CITY OF SAN RAFAEL
MUNICIPAL CODE WHICH ESTABLISHED THE FIRE
DEPARTMENT AS A CERTIFIED UNIFIED PROGRAM
AGENCY (CUPA) RESPONSIBLE FOR ENFORCEMENT OF
ALL APPLICABLE PROVISIONS OF STATE LAW RELATING
TO THE USE AND STORAGE OF HAZARDOUS MATERIALS.
WHEREAS, on October 8, 1998 the City of San Rafael adopted Ordinance No. 1733 for
purposes of establishing the San Rafael Fire Department as a Certified Unified Program Agency
("CUPA") to enforce all applicable state laws and regulations relating to the use and storage of
hazardous materials; 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 provisions of
state law, and implementing regulations, relating to the use and storage of hazardous materials;
and
WHEREAS, the San Rafael Fire Department finds that it needs to place greater emphasis
on its core responsibilities such as: plan checking, general fire code enforcement, 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, vegetation management, complaint inspection and
processing, processing development proposals, inspection for new business licenses and
managing dispatch services; and
WHEREAS, these 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 such
work; and
WHEREAS, the City Council on September 19, 2005, adopted Resolution No. 11832
approving the City's withdrawal of the City as a CUPA and authorizing the Fire Chief to give the
180 day notice to the California Secretary of Environmental Protection and the County of Marin,
as required by Section 25404.3 of the California Health and Safety Code, which notification was
given by the Fire Chief by letter dated September 20, 2005; and
WHEREAS, on December 5, 2005, the California Environmental Protection Agency
authorized Marin County CUPA to begin collecting fees to implement the Certified Unified
Program in the City of San Rafael; and
JC �
WHEREAS, the Marin County CUPA has begun implementing the Certified Unified
Program in the City of San Rafael, which has made it possible for the City Council to repeal
Chapter 4.20 of the San Rafael Municipal Code.
NOW THEREFORE, the CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 4.20 of the City of San Rafael Municipal Code is hereby repealed.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published once in full 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.
DIVISION 4:
The City Council hereby finds that the adoption and implementation of this ordinance are exempt
from the provisions of the California Environmental Quality Act in that the Council finds there is
no possibility that the implementation of this ordinance may have significant adverse effects on
the environment.
ATTEST:
J M. LEONCIl�]I, City Clerk
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V o-�-y
ALBtRT J. O, May
The foregoing Ordinance No. 1840 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 21st day of February, 2006 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers : Cohen, Phillips and Mayor Boro
NOES: Councilmembers : None
ABSENT: Councilmembers: Heller and Miller
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 6th day of March, 2006.
A. czj' . -
WEANNE M. LEON( INM, City Clerk
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