14-B
TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
Karl H. Berger, City Attorney
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1439 – An Ordinance amending Bellflower Municipal Code Chapter 15.40 and reaffirming the City Council’s determination that the City comply with regulations promulgated by the State of California to protect public health, safety and from the devastation of uncontrolled fire incidents.
DATE: February 10, 2025
EXECUTIVE SUMMARY
Ordinance No. 1439 was introduced on January 27, 2025. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.
RECOMMENDATION TO CITY COUNCIL
1) Waive further reading and adopt Ordinance No. 1439; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
ATTACHMENTS
Ordinance No. 1439 ........................................................................................................ 2 January 27, 2025, Staff Report (Without Attachments) ................................................... 9
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01: BELLFLOW (‘1 s
9 Staft‘eport
CITY OF BELLFLOWER
ORDINANCE NO. 1439
AN ORDINANCE AMENDING BELLFLOWER MUNICIPAL CODE
CHAPTER 15.40 AND REAFFIRMING THE CITY COUNCIL’S
DETERMINATION THAT THE CITY COMPLY WITH REGULATIONS
PROMULGATED BY THE STATE OF CALIFORNIA TO PROTECT
PUBLIC HEALTH, SAFETY AND FROM THE DEVASTATION OF
UNCONTROLLED FIRE INCIDENTS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds, determines and declares as follows:
A. On January 7, 2025, the Governor proclaimed a State of Emergency to exist in Los Angeles and Ventura Counties due to fire and windstorm conditions that have now caused multiple fires, including the Palisades, Eaton, Hurst, Lidia, Sunset, and Woodley Fires (the “Emergency”).
B. The fires causing the Emergency have collectively burned more than 40,000 acres, devastating communities throughout the Los Angeles Basin by destroying or damaging more than 12,000 structures. Initial estimates suggest that the resulting economic impact will exceed $200 billion making this Emergency the most destructive in California history and, potentially, the United States.
C. The destruction of homes by the fires burning in Los Angeles and Ventura Counties will reduce the available housing in the region, which is likely to further increase the cost of housing and the related crisis of homelessness if housing is not expeditiously rebuilt.
D. The City Council, the City’s officials, and the entire Bellflower community is committed to helping families and individuals who have lost their homes and businesses rebuild and recover without facing unnecessary costs and delay.
E. Historically, the City Council took extraordinary actions to protect the City’s residents from intrusive government policies and regulations. This includes, without limitation, the City Council’s decision in 2019 to reject the bureaucracy and policies instituted by the Consolidated Fire Protection District of Los Angeles County (the “Fire District”) when reviewing building plans submitted by businesses and residents seeking to construct structures within the City’s jurisdiction.
F. Instead of utilizing the Fire District’s unwieldy, imprecise, and illogical fire regulations, the City Council opted instead to adopt the California Fire Code (“CFC”) codified in Title 24 of the California Code of Regulations (“CCR”).
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City of Bellflower
Ordinance No. 1439
G. The City Council has further eliminated barriers and bureaucracy by, among other measures, adopting a Self-Certification Program to eliminate unnecessary and redundant plan reviews.
H. The CFC reflects the collective experience and expertise of fire and building officials led by the Office of the State Fire Marshal (“OSFM”) in cooperation with the Department of Housing and Community Development (“HCD”).
Such regulations are developed for only one purpose: protection of the public.
I. Previously, the California Legislature empowered HCD to eliminate barriers within local jurisdictions that unduly delay the rapid construction of homes through various pieces of legislation.
J. Separately, on January 12, 2025, the Governor issued Executive Order N-4-25 (the “EO”). Among other things, the EO mandates that the OSFM and HCD:
i. “review and provide a report to [the Governor] with recommendations regarding any provision of the [California] Building Standards Code, Title 24 of the California Code of Regulations, that should be suspended for projects … in order to facilitate rapid, safe, and cost-effective rebuilding and recovery.”
ii. “coordinate with local governments to identify and recommend procedures, including but not limited to exploring the use of pre - approved plans and waivers of certain permitting requirements, to establish rapid permitting and approval processes to expedite the reconstruction or replacement of residential properties destroyed or damaged by fire. The recommended procedures shall have the ultimate goal of issuing all necessary permits and approvals within 30 days.”
K. These requirements are collectively referred to as the “Sensible Permits, Advice, Regulations and Knowledge” or “SPARK.” The City Council finds that the City’s actions since 2019 as to fire and building regulations and review procedures should be considered by OSFM and HCD as a model for SPARK. It is apparent that rejecting the Fire District’s bureaucracy and policies allows building plans to be processed expeditiously and inexpensively. Implementing such SPARK removes barriers to developing commercial and residential structures – whether routine or resulting from the Emergency – and ultimately will make construction and redevelopment of much needed housing and commercial structures more affordable.
L. Since Bellflower’s SPARK utilizes the CFC, it implements statewide regulations that are objective, widely implemented, and which may be best enforced by the experts familiar with such standard regulations. While Bellflower itself has not (yet) been directly affected by the Emergency, its practice of utilizing SPARK serves as an example for other communities within the Greater Los Angeles Area and across the State of California. -3-
City of Bellflower
Ordinance No. 1439
M. On November 5, 2024, the voters approved Measure B which adopted the City Charter for the City of Bellflower (the “Charter”). The voters’ approval of the Charter confirms the City Council’s intent via this Ordinance to continue the City’s implementation of SPARK as to utilizing the CFC – rather than the Fire District’s policies – to help protect persons, buildings, and property from events such as the Emergency.
N. Section I of the Bellflower City Charter states that “the People assert their desire for local control over the City’s municipal affairs; their freedom to decide their own destiny; and their rejection of efforts by agencies outside of the City’s jurisdiction seeking to impose policies upon the City’s residen ts without their approval.” Adopting this Ordinance , and by extension, those previously adopted is squarely within the City Council’s legal authority and fulfills the voters’ directive.
O. Articles II, III, and IV of the Charter provide that the City may enact all laws governing its municipal affairs. Pursuant to Article III(B) of the Charter, the City Council finds that the law enacted by this Ordinance will not unduly burden a person’s ability to pursue economic opportunities and safe and legal residential housing.
P. The City Council takes notice of the plethora of authority confirming that the Charter has the force of California law (see, e.g., Cal. Const., art. XI, § 3, subd. (a); Coalition of County Unions v. Los Angeles County Bd. of Supervisors (2023) 93 Cal.App.5th 1367; and State Building & Construction Trades Council of California v. City of Vista (2012) 54 Cal.4th 547).
Ordinances implementing the Charter’s municipal affairs section may only be preempted when there is a pressing matter of statewide concern (California Fed. Savings & Loan Assn. v. City of Los Angeles (1991) 54 Cal.3d 1).
Q. While the California Constitution and the Charter gives broad authority to the City Council to “make and enforce within [its] limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws,” special districts have only the power conferred by statute. (see, e.g., Baldwin v. County of Tehama (1994) 31 Cal.App.4th 166).
R. In considering this Ordinance, the City Council takes note of the unprecedented threats made by the Fire District to the City’s implementation of the CFC (see, Item No. 14-O from the October 14, 2024 City Council meeting agenda). Challenging the City Council’s plenary role in protecting – and representing – Bellflower residents is repugnant to democracy and contrary to the oaths taken by every public official within the state of California.
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City of Bellflower
Ordinance No. 1439
S. While the Fire District’s true intent in challenging the City’s decision to implement California law – rather than the Fire District’s policies – may never be identified, the City Council finds that it is imperative to combat the Fire District’s threats. Additionally, providing an example for implementing the EO in responding to the Emergency is in the immediate public interest.
T. This Ordinance implements California law that is of statewide concern and, further constitutes a municipal affair as contemplated by the Charter. The Fire District lacks any legal authority whatsoever to compel the City Council to adopt regulations other than those set forth in the CFC, as amended by this Ordinance.
U. The regulations adopted by this Ordinance are intended to be immediately implemented to accelerate City approvals for local businesses, housing, and economic development, and to further the intent of the EO.
SECTION 2. Environmental Assessment. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Adopting this Ordinance is exempt from further environmental review because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. The Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311.
Further, the adopting the ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Individual projects utilizing the SPARK will each be separately subject to an environmental assessment. Finally, this Ordinance is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.1
SECTION 3. Authorizations. The City Manager and City Attorney are authorized to take the following actions:
A. Demand public records from the Fire District as desirable.
B. Issue legislative subpoenas as authorized by separate City Council Resolution.
1 CEQA findings regarding an anticipated imminent emergency are valid (see, CalBeach Advocates v.
City of Solana Beach (2002) 103 Cal.App.4th 529).
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City of Bellflower
Ordinance No. 1439
C. Seek opinions from the Attorney General, HCD, and the OSFM regarding the desirability of the City’s utilization of SPARK in adopting the CFC.
D. Initiate litigation as needed to reaffirm the City’s ability to implement SPARK by, among other actions, adopting the CFC by reference (as reflected in the BMC) and amended by ordinance and implementing its Self Certification Program . No additional City Council authorization is required to initiate litigation in accordance with this Ordinance.
E. Coordinate with HCD, the Governor’s Office of Emergency Services and any other State or local agency to encourage adoption of SPARK as a model for efficient and effective reduction of barriers to development of affordable housing and commercial construction.
SECTION 4. Amendment to BMC. Bellflower Municipal Code (“BMC”) Chapter
15.40 is amended to read as follows:
“Chapter 15.40 FIRE CODE
15.40.010 Fire Code – Adopted by Reference; Where Filed.
* * *
Only the Bellflower Building Official is authorized to exercise the authority in CBSC § 105.4 including, without limitation, issuing building permits.
Pursuant to Health and Safety Code § 13869.7(h)(1)(B), the Building Official, or designee, is authorized to enforce the Fire Code.
15.40.020 Amendments.
* * *
B. Section 202 is amended by revising the following definitions:
FIRE CHIEF. The City Manager for the City of Bellflower, or designee.
Unless otherwise determined by the City Manager, the fire chief for the Consolidated Fire Protection District of Los Angeles County (“Fire District”) may enforce this Chapter as the “fire chief” and “fire official” for purposes of California Fire Code (“CFC”) § 202. Any such enforcement authority must be exercised in cooperation with the Public Safety Director and Building OfficialCity Manager or Designee(s) to ensure a uniform enforcement of applicable law within the City’s jurisdiction.
FIRE CODE OFFICIAL. “Fire Code Official” will have the same definition as “Fire Chief.”means the “Building Official.”
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City of Bellflower
Ordinance No. 1439
SECTION 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in the Charter and this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance and the Charter.
SECTION 6. Enforceability. Amending any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date.
Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 7. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other regulations by this Ordinance will be rendered void and cause such previous BMC provision or other regulations to remain in full force and effect for all purposes.
SECTION 8. Reliance on Record. Every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 10. Recording. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 11. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 12. Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
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City of Bellflower
Ordinance No. 1439
ORDINANCE NO. 1439 HAD ITS FIRST READING ON JANUARY 27, 2025, ITS SECOND READING ON FEBRUARY 10, 2025, AND WAS DULY PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF FEBRUARY 10, 2025.
Ray Dunton, Mayor
ATTEST:
__________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
__________________________
Karl H. Berger, City Attorney
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TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
Karl H. Berger, City Attorney
SUBJECT: Consideration and possible action to 1) read by title only, waive further reading, and adopt Urgency Ordinance No. 1438; and 2) read by title only, waive further reading, and introduce Ordinance No. 1439 – An Ordinance amending Bellflower Municipal Code Chapter 15.40 and reaffirming the City Council’s determination that the City comply with regulations promulgated by the State of California to protect public health, safety and from the devastation of uncontrolled fire incidents.
DATE: January 27, 2025
EXECUTIVE SUMMARY
If adopted, Ordinance Nos. 1438 and 1439 will amend Chapter 15.40 of the Bellflower Municipal Code (“BMC”) to (1) reaffirm the City Council’s decision to utilize the California Fire Code (“CFC”) as codified in Title 24 of the California Code of Regulations (“CCR”); and (2) reauthorize the Building Official to utilize the CFC while reviewing building plans submitted to obtain building permits. Additionally, these Ordinances would authorize the City Manager and City Attorney to take certain actions in response to the Consolidated Fire Protection District of Los Angeles County (the “Fire District”) efforts to challenge the City Council’s ability to adopt the CFC in accordance with the CCR and applicable law. A related, but separate, agenda item recommends issuing legislative subpoenas regarding this subject.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Urgency Ordinance No. 1438 upon 4/5ths vote; and
2) Read by title only, waive further reading, and introduce Ordinance No. 1439; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will incur costs associated with the codification of the Ordinances. Separately, there will be costs resulting from the City Manager and City Attorney implementing Section 3 of the Ordinances, e.g., seeking opinions from the Department of Housing and Community Development (“HCD”) and the Attorney General’s Office (“AG”). These costs are difficult to substantiate at the time of this writing.
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o“ 01: BELLFLO
“ s a
"o ROWING TOGETk‘YFS t f t
Staff Report – Ordinance Nos. 1438 and 1439
January 27, 2025
DISCUSSION
In February 2019, the City Council opted to amend the BMC to authorize the City’s Building Official to implement the City’s fire regulations when reviewing building plans (see, attached Staff Report dated February 11, 2019). Thereafter, in October 2019, the City Council opted not to ratify the Fire District’s regulations (found at Title 32 of the Los Angeles County Code of Ordinances)1 and instead adopted the CFC, with local amendments (see, attached Staff Report dated October 28, 2019). The Council again adopted the CFC, with local amendments, in 2022 (see, attached Staff Report dated November 14, 2022). Notably, the City specifically notified the Fire District regarding the proposed changes in 2019 (see, e.g., attached e-mail dated September 4, 2019). The Fire District, however, provided no communication on this matter until 2024.
As discussed in the separate agenda item regarding legislative subpoenas, the Fire District in 2024 challenged the City’s legal authority to adopt the CFC. The Fire District’s position is that its fire regulations – not those adopted by the State of California and incorporated by reference into the BMC – control within the City’s jurisdiction.
In November 2024, the voters overwhelming adopted the City Charter for Bellflower. As noted within the findings for the Ordinance, the City Council’s ability to adopt the CFC and authorize the Building Official to implement the CFC while reviewing building plans is squarely within the City’s legal authority: both under California law and the City Charter.
The proposed Ordinances would, if adopted, reaffirm the City Council’s decision to utilize the CFC for reviewing building plans and authorize the Building Official to approve (or deny) such plans. Only the Building Official has the legal authority to issue building permits. Nothing in the Ordinances prevents the Fire District from enforcing the CFC.
Indeed, under the present circumstances, such effort is encouraged.
In addition to amending the BMC, the Ordinances also direct the City Manager and City Attorney to provide the Office of the State Fire Marshal (“OSFM”), HCD, and the AG with copies of the Ordinances. This is to further the Governor’s efforts to expedite and streamline approvals for development in accordance with his January 12, 2025 Executive Order. The Ordinances identify such efforts, including the Executive Order, as the “Sensible Permits, Advice, Regulations and Knowledge” or “SPARK.”
A review of the City’s efforts since (at least) 2019 show that the Ordinances should be considered by OSFM and HCD as a model for SPARK. Reducing bureaucracy, cost, and time for review results building plans to be processed expeditiously and inexpensively.
Implementing such SPARK removes barriers to developing commercial and residential structures and ultimately makes construction and redevelopment of much needed housing and commercial structures more affordable.
ATTACHMENTS:
1. February 11, 2019, Staff Report ........................................................................... 3
2. Correspondence dated September 4, 2019 ........................................................ 13
3. October 28, 2019, Staff Report ........................................................................... 14
4. November 14, 2022, Staff Report ....................................................................... 17
5. Urgency Ordinance No. 1438 ............................................................................. 20
6. Ordinance No. 1439 …………………………………………………………………...27
1 http://lacounty-ca.elaws.us/code/coor_title32 (accessed January 22, 2025) -10-