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,
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Ordinance No. 1301
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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.
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Ordinance No. 1301
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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
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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#
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