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CC - Item 8B - Oversight Authority to City Manager Ordinance - 1st ReadingE M P S 4 O Q~Q / ORPORATED \9y9 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ANDREW C. LAZZARETTO, CITY MANAGER AourpeW C DATE: MAY 29, 2007 ZAaZAgew o~ SUBJECT: ORDINANCE CONFERRING CERTAIN OVERSIGHT AUTHORITY TO CITY MANAGER WITH RESPECT TO APPLICATION OF THE FIRE CODE- FIRST READING SUMMARY Recently, the issue of restoring a certain measure of local control and accountability over rules and decisions concerning the application of the fire code, which were promulgated by officials of the County of Los Angeles ("County") who have been contracted to provide fire protection services to the City, has become a concern for City residents. In order to ensure that the interests and concerns of local property and homeowners are considered, staff proposes that oversight authority be given to the City Manager to grant him or her the ability to review, modify, and amend regulations promulgated by County officials within the City's boundaries. The City's "fire prevention code" is contained in Chapter 8.24 of the Rosemead Municipal Code ("RMC"). Through RMC section 8.24.010, the City previously adopted by reference the "Fire Code" of the County of Los Angeles ("County') as the "fire prevention code" of the City. RMC section 8.24.040 presently gives "general supervision" over essentially all matters that relate to fire protection to the Los Angeles County Fire Department and the Consolidated Fire Protection District. At present, the provisions of the County Fire Code, as adopted by the City, gives the County fire chief blanket authority to promulgate rules, regulations, and decisions respecting the Fire Code as applied to the City.' As it presently stands, no elected or appointed official of the City has any oversight authority over how such rules, regulations and decisions are applied to the City. Essentially, the County fire chief, who essentially serves as the contract fire chief for the City, is not accountable to any City elected or appointed official. While the work of the County Fire Department and the Fire Chief are held in high respect by the City and its residents, the issues of local control and local accountability are likewise important to the residents of the City. ' Section 101.4 of the County Fire Code (adopted by reference by the City) gives broad authority to the County fire chief to "render interpretations of this [fire) code and to make and enforce rules mud suppontental regulations in order to carryout the application and intent ofits provisions." r~R~ APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting May 29, 2007 Page 2 of 2 Thus, in order to provide a certain measure of local accountability and control over how the City's fire code is applied within the City's boundaries, the proposed ordinance has been submitted to provide the City Manager with the authority to review, modify, and amend, rules, regulations, and decisions of County fire officials, as they are applied within the boundaries of the City. In this way, the residents of Rosemead may benefit from the expertise and work of the Fire Department while ensuring that their voice is heard with respect to local land use issues, and that there is some measure of local accountability and control over decision rendered by County officials that have been contracted to serve the City. Staff Recommendation Staff recommends that the City Council hold the noticed public hearing, receive public comment, and introduce Ordinance No. 853. LEGAL REVIEW This staff report and the attached ordinance have been reviewed and approved by the City Attorney. Submitted by: 3 6001 ~A"A lauoc-~ Bonifacio Bonny Garcia City Attorney Attachment A - Ordinance No. 853 • • ORDINANCE NO. 853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFERRING UPON THE CITY MANAGER CERTAIN OVERSIGHT AUTHORITY OVER INTERPRETATIONS, RECOMMENDATIONS, RULES, PERMITS, REGULATIONS, APPLICATION, AND DECISIONS, BY ANY OFFICIAL OF THE CONSOLIDATED FIRE PROTECTION DISTRICT, OR BY ANY FIRE MARSHALL, OR BY THE FIRE CHIEF, THAT ARE MADE PURSUANT OR WITH RESPECT TO THE FIRE CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to Chapter 8.24 of the Municipal Code a new Section 8.24.050 entitled "City Manager's Oversight Authority"to read as follows: "Notwithstanding Section 8.24.040 of this code, and/or any other provision of this code, or the fire code of the county as adopted by the city of Rosemead, all interpretations, recommendations, rules, permits, regulations, application, and decisions, made by any official of the Consolidated Fire Protection District, or by any fire marshal, or by the fire chief, that are made pursuant to, or with respect to the fire code, and as applied to, and within the boundaries of the city, may be subject to review, modification, amendment, waiver and/or nullification by the city manager." SECTION 2. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 0 SECTION 4. The City Clerk shall certify as to the adoption of this ordinance and shall cause the same to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. PASSED AND ADOPTED this 29th day of May, 2007, by the following vote: AYES: NOES: ABSTAIN ABSENT: ATTEST: City Clerk MAYOR