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Ordinance No. 1301ORDINANCE NO. 1301 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING VERNON MUNICIPAL CODE SECTION 8.04.010 OF CHAPTER 8.04 (FIRE CODE) TO AUTHORIZE THE CITY’S CHIEF BUILDING OFFICIAL, OR AUTHORIZED REPRESENTATIVE, TO ENFORCE THE FIRE CODE IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 13869.7(h)(1)(B) THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378. SECTION 2. Findings. A. The City of Vernon receives fire services provided by the Los Angeles County Consolidated Fire Protection District (LA County Fire), along with 60 other contract cities and all unincorporated areas within Los Angeles County. In addition to suppression and prevention services, LA County Fire also reviews building plans on the City’s behalf to help ensure compliance with applicable law. B. Vernon Municipal Code (VMC) Section 8.04.010 adopts the 2020 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code Sections 17958 and 13869.7 which authorize the City to adopt, modify, or reject ordinances adopted by LA County Fire including without limitation, building standards. The City has opted to adopt LA County Fire regulations in order to assist in LA County Fire in providing uniform building plan review to cities receiving services from LA County Fire. C. Health and Safety Code Section 13869.7(h)(1)(B) provides that “A city… that ratifies an ordinance relating to fire and panic safety … shall delegate the enforcement of the ordinance to … the chief building official of the city … or his or her authorized representative.” D. The authorization delegated to the City’s Chief Building Official to enforce the Fire Code is not explicitly stated in VMC Section 8.04.010. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code Section 13869.7 to ensure continued enforcement of the City’s building, fire and other uniform codes. E. The City Council has determined that it is in the best interest of the public to immediately implement this Ordinance to avoid threat to the public welfare, Docusign Envelope ID: 85336693-E307-44CA-A177-5136FF253445 Ordinance No. 1301 Page 2 of 3 _______________________ ambiguities, lapse in enforcement, or uncertainty in the law. The City Council also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace. F. Accordingly, in accordance with Government Code Sections 36934 and 36937 (b), the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare, and this Ordinance shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. SECTION 3. Section 8.04.010 (D) is hereby added to the VMC, as follows: “D. Pursuant to Health and Safety Code 13869.7(h)(1)(B), the City’s Chief Building Official, or authorized representative, is authorized to enforce the Fire Code.” SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law. / / / / / / / / / Docusign Envelope ID: 85336693-E307-44CA-A177-5136FF253445 Ordinance No. 1301 Page 3 of 3 _______________________ SECTION 7. This ordinance shall become effective and be in full force and effect immediately upon its adoption. APPROVED AND ADOPTED July 16, 2024. _____________________________ JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1301 was passed and adopted by the City Council of the City of Vernon at the regular meeting on July 16, 2024, by the following vote: AYES: 4 Council Members: Larios, Lopez, Ybarra, Merlo NOES: 0 ABSENT: 1 Council Member: Rivera ABSTAIN: 0 ________________________________ YONNIE PARKER, Deputy City Clerk (seal) Docusign Envelope ID: 85336693-E307-44CA-A177-5136FF253445 City Council Agenda Report Meeting Date: July 16, 2024 From: Daniel S. Wall, P.E., Director of Public Works Department: Public Works Submitted by: Daniel S. Wall, P.E., Director of Public Works Subject Authorize the City's Chief Building Official, or authorized representative, to enforce the Fire Code Recommendation A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) review, because it is a general policy and procedure making activity that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; B. Adopt Urgency Ordinance No. 1301 amending Vernon Municipal Code Section 8.04.010 to authorize the City's Chief Building Official, or authorized representative, to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B); C. Introduce Ordinance No. 1302 amending Vernon Municipal Code Section 8.04.010 to authorize the City's Chief Building Official, or authorized representative, to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B); and D. Direct staff to schedule second reading and adoption of Ordinance No. 1302 for the August 6, 2024 City Council meeting. Background The California Health and Safety Code mandates the appointment of a Fire Code enforcement officer by the City. This officer can either be the City's Chief Building Official or the Los Angeles County Fire Chief. The Los Angeles County Fire Department serves 60 contract cities and all unincorporated areas within the County; thus, its extensive coverage may impact customer service for our local development community. In contrast, the City's Chief Building Official possesses deep knowledge of our local development landscape. Currently responsible for enforcing all aspects of the uniform codes outlined in the Vernon Municipal Code (VMC) except for the Fire Code, appointing the City's Chief Building Official, or authorized representative, as the Fire Code enforcement officer would streamline the development process in Vernon and provide our business community with a competitive advantage. To avoid ambiguities, interruption in the enforcement of these codes, and to prevent any uncertainty in the development community, it is critical that the VMC be amended immediately. This necessitates adoption of both an urgency and regular ordinance. Adoption of the proposed Urgency Ordinance No. 1301 requires a favorable vote by a four-fifths vote of the City Council. Urgency Ordinance No. 1301 would take effect immediately upon adoption. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Urgency Ordinance No. 1301 2. Ordinance No. 1302 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Mailing Address:915 E 1ST ST,LOS ANGELES,CA 90012 Telephone(800)788-7840/Fax (800)464-2839 Visit us @ www.LegalAdstore.com YONNIE PARKER CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 PRE# 3834142 CITY OF VERNON NOTICE OF ADOPTION SUMMARY OF ORDINANCE No.1301 Ordinance No. 1301, an Urgency Ordinance of the Vernon City Council,which amends Vernon Municipal Code Section 8.04.010 to authorize the Cire's BuildingOfficial,or designee,to enforce the COPY OF NOTICE Fire Code under California Health anddSafety ty Code 13869.7(h)(1)(B). Ordinance No.1301 was introduced and adopted by the Vernon City Council at its Regular meeting on July 16,2024,by the following vote: AYES:Larios,Lopez,Ybarra,Merlo NOES:None Notice Type: ORD ORDINANCE PUBLICATION ABSENT:Rivera yp ABSTAIN:None The full text of Ordinance No. 1301 is on file in Ad Description the City Clerk Department and accessible on the Ordinance No. 1301 Adoption Summary Posted Tuesday,my 16,2ww.citv024 on.ora. Publish:Thursday,July 25,2024 7/25/24 PRE-3834142# To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN HUNTINGTON PARK BULLETIN.Please read this notice carefully and call us with any corrections.The Proof of Publication will be filed with the County Clerk,if required,and mailed to you after the last date below.Publication date(s)for this notice is(are): 07/25/2024 An invoice will be sent after the last date of publication. If you prepaid this order in full,you will not receive an invoice. 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