By Jennifer McLain
Pasadena Star-News (California)
Copyright 2007 MediaNews Group, Inc. and Los Angeles Newspaper Group, Inc.
All Rights Reserved
ROSEMEAD, Calif. — A proposed ordinance giving the city manager authority over the fire code has prompted threats of a lawsuit by county fire officials, who say the change is connected to a stalled project.
Los Angeles County Fire Department officials said they rejected a Valley Boulevard project, which is beneath high-voltage power lines, because of safety concerns. Rosemead had already approved the development on the 2.5-acre property, which is owned by Southern California Edison.
The proposed ordinance would allow the city manager to overrule “all interpretations, recommendations, rules, permits, regulations, applications and decisions” of the fire code, which would include any denial of projects by the Fire Department.
“The response by the city of Rosemead is both abnormal and alarming,” said county fire Chief Michael Freeman on Friday. “I contacted our legal counsel to take an immediate and thorough look at not only this ordinance, but also at what power the county Fire Department has in respect to the fire code.”
City Manager Andrew Lazzaretto did not return calls.
Rosemead City Attorney Bonifacio “Bonny” Garcia said the intent of the ordinance is to restore “accountability.”
“Our view is that the fire chief was not thinking about the homeowners,” said Garcia. “There is a global accountability concern. The council members have a concern about the impact on property rights.”
The ordinance comes after the adoption of a 2006 county fire code that prohibits building underneath high-voltage power lines. Homes that were built under power lines before the regulation change would not be affected.
While Garcia said the ordinance does not apply to any specific projects, “That’s not to say that it won’t apply to projects in the future,” Garcia said.
According to city and county documents, the New Century Commercial Center, whose developer is Hawaii Properties, at 8518 Valley Blvd., “is ready to go.”
According to a city document, “The concern of the city is by issuing permits to construct the project, they are in violation of some type of state or local laws and in some way could be liable.”
One way the city is trying to get around this is through its newly proposed ordinance, Freeman said Friday.
The ordinance was drafted and signed by Garcia.
In it, it states that restoring a certain measure of local control and accountability over rules and decisions concerning the application of the fire code, “has become a concern for City residents.”
But Freeman thinks this is an unusual response.
“There is a reason why there are fire chiefs, police chiefs, finance directors, city clerks and city managers,” Freeman said. “They provide different areas of expertise that are absolutely essential to protecting and providing services to the public.”
In a May 15 memo sent to Edison, Freeman wrote that after full consideration of all aspects of the proposal to construct buildings underneath high-voltage power line rights of way, the department will retain its current restriction on such projects.
“This means that for sites meeting the above criteria, no construction will be approved by the Los Angeles County Fire Department within out jurisdictional areas,” he wrote. “Our Regulation 27 will continue to be the guiding document for such construction under or adjacent to high-voltage power line rights of way.”
Freeman also explained in the memo the dangers of building underneath the power lines.
“Firefighters already face numerous challenges and life-threatening situations far too often despite the various codes adopted to protect them and building occupants,” Freeman wrote. “Approving to permit building construction beneath high-voltage power lines would introduce more risk and complexity for all involved and is deemed inappropriate by us.”
Garcia does not believe this exposes the city to unnecessary liability.
“This is about land use and control,” Garcia said.
But Freeman isn’t taking the ordinance lightly.
“We are prepared to fight this fire,” he said.
The Rosemead City Council will vote to approve the ordinance at a meeting June 12.