TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Jesse Alexander, Fire Chief
SUBJECT:Title
Consideration of a Resolution Acknowledging Compliance with Senate Bill 1205 and California Health and Safety Code Section 13146.4 (No Budget Impact) (Fire Chief Alexander)
ADOPT RESOLUTION NO. 26-0042
Body
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RECOMMENDATION:
Staff recommends that City Council adopt Resolution No. 26-0042, acknowledging receipt of a report made by the Fire Chief of the Manhattan Beach Fire Department regarding compliance with the annual inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
On December 2, 2016, a fire broke out at the warehouse known as “Ghost Ship,” which had been converted into an artist collective with dwelling units in the Fruitvale neighborhood of Oakland. A total of 36 people were killed in the fire, and it became the deadliest in the history of the city. It was also the deadliest building fire in the United States since The Station nightclub fire in 2003, and the deadliest in California since the 1906 San Francisco earthquake. The tragedy at Ghost Ship brought national attention and put a spotlight on fire safety laws and inspection in California. It is from this tragedy that (SB) 1205 was born.
Senate Bill (SB) 1205 was approved on September 27, 2018, and requires annual reporting by the Fire Department to City Council on compliance with certain State-mandated inspections in accordance with California Health and Safety Codes 13146.2 and 13146.3.
The purpose of (SB) 1205 is to ensure that fire departments, including the Manhattan Beach Fire Department, are communicating with their governing authority regarding compliance with State-mandated safety inspections that the fire department is required to conduct on schools, apartments and hotels. This dialogue is meant to ensure that fire departments are complying with their inspection mandates and increase the likelihood that they will receive the resources they need to appropriately staff and carry out State-mandated inspections.
DISCUSSION:
Manhattan Beach Fire Department’s Fire Prevention Division is comprised of a Fire Marshal, two full-time Fire Inspectors, and four part-time Fire Inspectors.
On February 18th, 2020, the City Council adopted a cost recovery mechanism for these inspections pursuant to the 2025 User Fee Resolution.
The following is a breakdown of known relevant occupancies and the number of inspections that have been completed.
E Occupancies:
Public schools, private schools, daycares - 27 occupancies, 27 inspected.
R Occupancies
R-1 Hotels and motels - 12 occupancies, 12 inspected.
R-2 Apartments, condominiums - 266 occupancies, 266 inspected.
R-2.1 Residential care facilities - 1 occupancy, 1 inspected.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue. However, notifications have been published and circulated to inform the community about the fee schedule and to notify owners of properties that meet the requirements.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 26-0042
2. Senate Bill 1205