1989/08/22 City Council MinutesRohnert Park City Council Minutes
August 22, 1989
The Council of the City of Rohnert Park met this date in regular
session commencing at 7:00 p.m. in the City Offices, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Cochran presiding. The open
regular session was preceded by a closed session which commenced
at 7 :00 p.m.
Call to Order Mayor Cochran called the regular session to order at approximately
7 :50 p.m. and led the pledge of allegiance. He advised that a
closed session commenced this evening at 7 :00 p.m. to discuss
personnel matters, litigation matters, and real estate
negotiations.
Roll Call Present: (5) Council members Eck, Hollingsworth, Hopkins, Spiro
and Cochran
Absent: (0) None
Staff present for all or part of the meeting: City Manager
Callinan, City Attorney Flitner, Planning Director Skanchy,
Director of Public Works /City Engineer Brust, Director of
Administrative Services /Assistant to City Manager Netter,
and Assistant to the City Manager Leivo.
Approval of Minutes Upon motion by Councilman Hollingsworth, seconded by Council
Member Spiro, and unanimously approved, the minutes of the meeting
of August 8, 1989 were approved as submitted.
Approval of Bills Upon motion by Councilman Hollingsworth, seconded by Councilman
Eck, and unanimously approved, the bills presented per the
attached list in the amount of 622,541.83 were approved. CDA
bills presented per the attached list in the amount of $538,528.70
were approved.
Non - agendaed Items Mayor Cochran queried if any Council member had any non - agendaed
items to add to the agenda. No one responded.
Unscheduled Public Mayor Cochran stated that in compliance with State Law (The Brown
Appearances Act), anyone in the audience who wished to make a comment may do
so at this time.
Jenny Patterson, 7514 Camino Colegio, was recognized stating that
she comes before the City Council to share concerns regarding on-
the- street parking on East Cotati Avenue and Camino Colegio which
has been eliminated systematically, stating that her family and
all the families in the neighborhood are now forced to park their
Rohnert Park City Council Minutes (2) August 22, 1989
extra cars three to four blocks away, that the cars are ticketed
when they forget to move their vehicles from the "no -all -night
parking" side of the street at a fine of $20.00 per ticket, and
that the other side of the street is a bike path which she appre-
ciates for the safety of bike riders. Mrs. Patterson asked if
anything could be done to re- establish some parking at the above -
mentioned location and expressed appreciation for the Council's
time and consideration.
Discussion followed confirming that a large public hearing was
held about a year ago regarding this particular location, that the
decision was made at that time to eliminate all night parking
because of thoroughfare, and Council concurring that staff should
take another look at the situation and recommend appropriate
changes, if any.
CONSENT CALENDAR
Mayor Cochran queried if anyone had any questions regarding the
matters on the consent calendar.
Acknowledging the City Manager /Clerk's report on the posting of
the agenda.
Resolution No. A RESOLUTION ACCEPTING AN EASEMENT GRANT DEED FROM GARY D. TATMAN
89 -134 AND BARBARA TATMAN (FOR A SEWER EASEMENT FOR THE PARK
ESTATES SUBDIVISION)
Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS OVERLAYS PROJECT
89 -135 NO. 1989 -10
Resolution No. RESOLUTION APPROVING AN AGREEMENT WITH J. KARLA LEMON TO PROVIDE
o9 °i36 SERVICES AS A SYMPHONY CONDUCTLOR /MUSIC DIRE—Ul R
Resolution No. A RESOLUTION ACCEPTING GRANT DEED FROM PARK ESTATE PARTNERS, A
89 -137 GENERAL PARTNERSHIP FOR PARCELS "A, B & C" LANDSCAPE PARCELS IN
THE PARK ESTATES SUBDIVISION
Resolution No. AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
89 -138 CALIFORNIA TO PURCHASE CERTAIN ITEMS
Approval of final map for File No. 1107- Windsong Condominiums -
Apartments /460 Ltd., Phase I, 224 units located at Camino Colegion
and Magnolia Avenue and authorizing Mayor to execute an
appropriate subdivision agreement prior to the map being released
for recording.
Upon motion by Councilman Hopkins, seconded by Council Member
Spiro, and unanimously approved, the Consent Calendar as outlined
on the meeting's agenda was approved.
Rohnert Park City Council Minutes (3) August 22, 1989
Civic Center Drive City Manager Callinan explained that Council had been provided
Residents' Petition with copies of letter dated August 10, 1989 from Richard Walker
regarding Civic Center Drive residents' petition for vehicle speed
controls on Civic Center Drive and Country Club Drive.
Richard Walker, 34 Creekwood Square was recognized stating that he
had no additional comments to add to the petition provided to the
Council and that he was available to answer Council's questions
regarding this matter.
Discussion followed confirming that City Engineer Brust had toured
the area with Mr. Walker. City Engineer Brust listed locations of
signs and commented on raised dots versus centerline as well as
explaining that parking is allowed on both sides of the street
limiting the actual driving width. It was also shared that
"Children at Play" signs are generally discouraged as these types
of signs tend to give children a false security.
Mr. Walker expressed appreciation to the Council for
attention to this matter. Mayor Cochran complimented Mr. Walker
on his presentation of a good petition.
G & G Management,Inc. City Manager Callinan shared that G & G Management, Inc. requested
this item be taken off tonight's agenda as they are not fully
prepared to make their presentation regarding their request for
the removal of Coleman Valley Homeowners' Association Bike path on
Country Club Drive between Golf Course Drive and Hudis Street.
Marin /Sonoma Mosquito City Manager Callinan explained that copies had been provided to
Abatement District Council regarding a letter dated August 1, 1989 from Marin /Sonoma
Mosquito Abatement District informing that a Council appointment
is necessary for a representative to said Board of Directors, a
position vacated by former Councilman Jack Lepinski whose term
expires 12/31/90. He said the meetings are held the second
Wednesday of each month at 8:00 p.m. in Petaluma and provides a
meeting allowance of thirty dollars ($30.00) to fifty dollars
($50.00) per month to each member on the board.
Discussion followed in which Council concurred that City Manager
Callinan should poll other City Commissions to see if anyone is
interested in the appointment and report back to Council.
Bay Area Rapid Transit City Manager Callinan explained that Council had been provided
District (BART) /North with copies of letter dated August 2, 1989 from Bay Area Rapid
Bay Advisory Committee Transit District (BART) regarding the creation of the North Bay
Advisory Committee (Marin and Sonoma) and request for City
representative to same.
Rohnert Park City Council Minutes (4) August 22, 1989
Upon motion by Councilman Hopkins, Seconded by Councilman
Hollingsworth, and unanimously approved, to appoint Council Member
Spiro as the City representative to become a member of the North
Bay Advisory Committee for the Bay Area Rapid Transit District
(BART) was approved.
Sr.Citizens Adv.Comm.- John Chase, Chairman of the Senior Citizens Advisory Commission,
"Are You O.K.? "Program 6062 Delores Drive was recognized and explained that Council had
been provided with copies of his letter dated August 3, 1989
requesting Council's consideration for implementation of a
computerized checking system for senior citizens living in the
City called "Are You O.K. ?" Program.
Discussion followed regarding the consideration to implement this
program with the new Senior Codding Center versus being a Public
Safety function.
Upon motion by Councilman Hollingsworth, seconded by Mayor
Cochran, and unanimously approved, to approve the program in
concept and to contact the developer of the "Are You O.K. ?"
Program, Bruce Johnson, Northland Innovations, regarding the costs
and what it takes to implement the program and report back to
Council.
Helene Calhoun - City Manager Callinan explained that copies had been provided to
Garage Sale Signs Council regarding a letter dated August 7, 1989 received from
Helene Calhoun, 7260 Adriene Drive requesting Council's
consideration to control garage sale signs throughout the City. He
shared that a current sign ordinance controls garage sale signs.
Discussion followed in which Council concurred that to enforce
the City's current sign ordinance is sufficient for this matter
regarding garage sale signs.
Ordinance No. 514 City Manager Callinan explained that Ordinance No. 514 (copies
provided to Council) places M -L (Limited Industrial zoning on the
Commerce Boulevard right -of -way from Cascade Court on the north to
the southerly property line of 5700 Commerce Boulevard on the
south, that this matter was subject of a public hearing on the
June 27th, 1989 Council meeting, and that adoption of this
ordinance was held over from the last Council meeting at the
request of City Attorney Flitner because he wanted to check with
State Officials on some concerns regarding the zoning of said
property. City Manager Callinan shared contents of City Attorney
Flitner's letter (copies provided to Council) responding to a
letter received from the State of California regarding this matter
and that staff agrees with City Attorney Flitner's recommendation
that the ordinance not be adopted and that the sign become
generic, i.e. saying only "Gas, Food, and Lodging ".
Rohnert Park City Council Minutes (5) August 22, 1989
A motion was made by Councilman Eck, seconded by Council Member
Spiro, to table Ordinance No. 514, but to agree on the generic
sign was approved by the following vote:
AYES: (4) Eck, Hollingsworth, Spiro and Cochran
NOES: (1) Hopkins
Discussion followed in which Councilman Hopkins said that he felt
he should go with the decision for the generic sign, but would not
be intimidated by the State to which Mayor Cochran agreed and
instructed his vote to be changed to "no ", changing the vote as
follows:
AYES: (3) Eck, Hollingsworth, and Spiro
NOES: (2) Hopkins and Cochran
Ordinance No. 516 City Engineer Brust explained that Ordinance No. 516 (copies
provided to Council) amends the Rohnert Park Municipal Code, Title
159 for various building, housing, electrical, plumbing,
mechanical, fire and other codes. The State of California has
adopted these updated codes and the cities may follow suit in
their updates. In addition to some ongoing changes the City has
made in the codes, this ordinance requires fire sprinklers in all
new buildings, including new single family homes and duplexes.
The ordinance was introduced at the City Council meeting of July
24th, 1989, a public hearing was properly noticed and set for
tonight's Council meeting, and notice has been provided to
building and development firms and organizations.
Public Hearing Mayor Cochran opened the public hearing at approximately 8 :19 p.m.
and asked if there was anyone in the audience wishing to speak
regarding this matter.
City !anger Callinan explained that copies had been provided to
Council of a letter from Condiotti Enterprises, Inc. dated July
279 1989 regarding the consideration of Ordinance No. 516 and said
that Mr. Condiotti was here tonight to express his concerns.
Art Condiotti of Condiotti Enterprises, Santa Rosa was recognized
stating that he would like to object to the new part of the code
requiring fire sprinklers in single family houses as they are
building the least expensive houses in the area, and that he felt
that the additional costs of the fire sprinkler system and would
prohibit many first time home buyers in qualifying for these
houses. He asked that Council would take these concerns into
consideration when deliberating on this - proposed ordinance and not
adopt it, thus enabling them to keep the prices of their homes
more affordable to families wishing to live in the City of Rohnert
Park.
Rohnert Park City Council Minutes (6) August 22, 1989
Robert E. Raymer, P.E., Technical Director /California Building
Industry Association (CBIA), 1107 9th Street, Suite 1060,
Sacramento, California was recognized and distributed to Council
copies of CBIA Statistical Review: Fire Fatalities in One and Two
Family Dwellings, Questions and Conclusions from 57 Ops.California
Attorney General 443 (1974), and Health and Safety Code Section
17958.5 and Section 17958.7 and reviewed the contents therein
(copies of which are attached to the original set of these
minutes) stating that he was bringing said copies to the Council's
attention as the approval of portions of Ordinance No. 516 would
be in conflict with the California State Law. He said regarding
the issue at hand he agrees with Mr. Condiotti's concerns about
the proposed requirement to install sprinkler systems in single
family dwellings, and due to the arguments viewed based on the
percentage of fire fatalities in the thirty to forty year old
buildings, this option doesn't seem justified and will certainly
be dormant for a long time, especially in new construction of
single family homes.
There being no one further desiring to speak, Mayor Cochran closed
the public hearing at approximately 8:28 p.m.
Discussion followed regarding the number of fire fatalities in
twenty -five to thirty -five year old buildings, the justifications
for sprinkler systems in new single family structures, and the
logic of sprinkler systems in duplexes in which people who live in
them have no control over the adjoining units. Discussion
continued regarding certain findings to implement the sprinkler
system portion of the ordinance.
A motion was made by Councilman Hollingsworth, seconded by Council
Member Spiro, aiu unanimously approved Lu e it A,
I uxlde
No. 516 until such time as a ruling can be obtained from the City
Attorney and staff report given.
Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
89 -139 APPROVING A CONTRIBUTION FOR EAST COTATI /WEST SIERRA AND OLD
REDWOOD HIGHWAY TRAFFIC SIGNALS IN AN AMOUNT NOT TO EXCEED $50,000
City Manager Callinan explained the resolution.
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, Resolution No. 89 -139
was adopted.
KRCB- TV,Channel 22 City Manager Callinan explained that copies had been provided to
Council regarding a request received from the management of
KRCB -TV requesting the donation of the city owned site on which
their building currently rests and which site they currently lease
from the City stating that they are requesting this contribution
Rohnert Park City Council Minutes (8) August 22, 1989
Wastewater Pumping City Manager Callinan explained that copies had been provided to
Station Report Council for their review regarding the extensive study done by
Winzler & Kelly, Consulting Engineers on the Wastewater Pumping
Station Report dated July 1989, that this report was just received
a couple of days ago, and that staff is also reviewing said
report.
McBail Company City Manager Callinan explained that copies had been provided to
Council of a letter from McBail Company dated August 8, 1989
regarding pent -up housing demand and request for advancement of
their building permit allotment.
Steve Bailey, Project Manager of McBail Company was recognized and
shared contents of his above - mentioned letter as explained by
City Manager Callinan, that all forty homes in one of their recent
projects were sold in two days of which 70% were buyers from
Rohnert Park explaining that this is not the same as their
projects in Petaluma as Rohnert Park has become a city in which
people want to live and stay.
Discussion followed in which Mr. Bailey answered questions from
Council regarding their price ranges from $188,000 to $265,000,
that the demand is by far for the largest homes with the smaller
homes having lesser interest. Discussion continued and no action
was taken.
Planning and Zoning City Manager Callinan referred to letter dated August 18, 1989
File No. 1336 from The Price Company (copies provided to Council) regarding
their request for continuance in two weeks due to proposed
revisions for the Price Club Center site plan which has been
approved by the Planning Commission.
File No. 1340 Planning Director Skanchy referred to charts on the wall and
explained that Council had been provided with copies of Planning
Staff Report dated August 10, 1989 and shared contents therein
relative to File No. 1340 - Oil Stop application for a use permit,
site plan and architectural review for an automotive lube and
oil change facility to be located on the west side of
Redwood Drive, 190 feet north of the Rohnert Park Expressway.
Discussion followed.
Upon motion by Councilman Eck, seconded by Councilman Hopkins, and
unanimously approved, to ratify the Planning Commission's approval
regarding File No. 1340 was approved.
Rohnert Park City Council Minutes (7) August 22, 1989
in order to assist them in their refinancing efforts of their
studio and office building for the purposes of debt consolidation.
Approximately 1.14 acres has been leased by Channel 22 since
December of 1983. Other information was provided in their above -
mentioned letter outlining the benefits to the City as well as
other benefits to Channel 22.
Discussion followed regarding the possibility of giving title to
the land as long as Channel 22 is there but revert back to City if
the station is moved. Discussion followed.
Nancy Dobbs, General Manager of KRCB -TV, Channel 22, 5850 LaBath
Avenue was recognized stating that the contents of their request
provided to Council were self - explanatory and that in the interest
of time would not go over the details except to confirm this
request was as a result of bank's preference that Channel 22 own
the land for debt consolidation purposes. She reviewed reasons
why she felt that a public television station was unique as
compared to other public organizations such as city schools, and
explained how the television publication has a map advertising and
showing where all the public stations are located pointing out
Rohnert Park on the map.
Discussion followed regarding Channel 22's current rent of $13,000
per year on the lease, the possibility of waiving a portion or all
of the rent versus donating the land.
A motion was made by Councilman Hopkins, seconded by Council
Member Spiro, and unanimously approved to continue the Channel 22
matter after City Attorney reviews it and comes back to Council
with recommendations.
Recess Mayor Cochran declared a recess at approximately 8:59 p.m.
Reconvene Mayor Cochran reconvened the Council meeting at approximately 9 :05
p.m. with all Council members present.
Resolution No. A RESOLUTION OF THE CITY OF ROHNERT PARK IN SUPPORT OF "STATE OF
89 -140 THE LAGUNA CONFERENCE"
City Manager Callinan explained that the draft resolution for
consideration is the City of Sebastopol's request for Rohnert
Park's support regarding the "State of the Laguna Conference" to
be held in Sebastopol september 23rd, 1989.
Upon motion by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved, Resolution No. 89 -140
was adopted.
Rohnert Park City Council Minutes (9) August 22, 1989
Resolution No. A RESOLUTION APPROVING A PROPERTY AGREEMENT WITH ROSIE PIERONI AND
89 -141 AUTHORIZING THE MAYOR TO EXECUTE. SAME
City Manager Callinan explained the resolution for consideration
regarding the proposed acquisition of land in the Roberts Lake
Road area and working on the Property Agreement with Rosie
Pieroni. Discussion followed.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, Resolution
No. 89 -141 was adopted.
Harvey Bell, 700 Lindsay Avenue was recognized and expressed
concerns regarding the Roberts Lake Road project in light of the
recent lawsuit because of the EIR questions. Discussion followed
in response to Mr. Bell's concerns.
City Attorney Flitner commented on the question of contracts that
have been made in good faith and the necessity of keeping the
commitments until told otherwise.
Councilman Eck stated that it was important for the minutes to
reflect that though he was against the road in the first place,
that now the project must proceed until a legal ruling tells it to
stop or the City would be in jeopardy through breach of contract.
Resolution No. A RESOLUTION ACCEPTING GRANT DEED FROM ROSIF. PIERONI (A PORTION OF
89 -142 A.P. NUMBER 045 - 041 -10, 4515 SANTA ROSA AVENUE)
City Manager Callinan explained the resolution for consideration.
Upon motion by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved, Resolution
No. 89 -142 was adopted.
Sierra Club City Attorney Flitner explained the legal suit filed on August 15,
Legal Action 1989 by the Sierra Club regarding certification of the Northwest
Rohnert Park EIR and approval of projects in the area and
that yesterday the Sierra Club requested a restraining order
to stop all development, but Judge Sawyer declined to grant the
restraining order at this time saying that the Sierra Club has
twenty -five days in which to present documentation and that the
City of Rohnert Park has until August 30, 1989 to submit its
authorities. A hearing has been set for September 6, 1989 and the
City will be prepared to address the litigation matters and
answer questions.
Rohnert Park City Council Minutes (10) August 22, 1989
Discussion followed regarding decision of Council to set up work
sessions for the General Plan Update as soon as possible after the
budget work sessions were finished concluding that this item
should be put on the next agenda and calendared for the next City
Council meeting to receive recommendations from the Council sub-
committee in order to progress with the General Plan Update as
previously planned.
Cultural Arts Facility City Manager Callinan explained regarding the Performing Arts
Facility (Theatre) that pursuant to a discussion at the last
Council meeting, Council was to review the roof overhang on the
upper west side of the theatre and consider the pending change
order to add the overhang at a cost of $993,771.
Discussion followed regarding materials that could be used and
questions on how much additional compensation over the $99,771 to
complete the job to which City Engineer Brust explained there
would be no way of knowing some of these costs until the
work progresses.
Councilman Hopkins made a motion to approve the roof overhang for
the Performing Arts Facility not to exceed the amount of $99,771.
Councilman Eck stated that he couldn't see spending $99,000 on a
mistake that was hardly noticeable to which Councilman Hopkins
said that he changed his mind regarding the above motion and
agreed with Councilman Eck, therefore withdrawing his motion.
Discussion followed regarding the benefit of the overhang shading
that side of the building and thus saving paint, that this is a
long term project, and that approach was made to Roland Miller
Associates about donating the cost of the roof overhang to which
they responded they were not able.
Councilman Hopkins said that he changed his mind again and made a
motion to approve the roof overhang project not to exceed $99,771.
Councilman Hopkins' motion died for lack of a second.
101 Corridor Plan Councilman Eck referred to copies of letter dated July 14, 1989
from the Board of Supervisors of Marin County requesting City
Council's endorsement of the 101 Corridor Plan recommended by the
Action Committee and said that the only thing he could suggest was
that Petaluma adopted a resolution and thought this Council should
draft a similar plan.
Rohnert Park City Council Minutes (11) August 22, 1989
Discussion followed regarding the inclusion of Stony Point Road
and Petaluma Hill Road as alternate routes to be outlined in the
proposed resolution for consideration and suggestion was made to
look into other alternatives such as diesel trains. Council
concurred to turn this matter over to Councilman Eck to handle and
prepare a resolution draft for same.
Sonoma County Mayor Cochran explained that representatives from surrounding
Transportation cities will be meeting this week regarding the Sonoma County
Committee Transportation Committee and the sales tax initiative. He said
that the executive representatives felt it should have been a city
initiative anyway.
Discussion followed regarding the involvement of private sector,
the change of Sonoma County Transportation Committee's previous
day time meetings to be held in the evening for convenience of
Council members to attend, the possibility of having work
sessions, and the interest to establish on a population basis.
Mayor Cochran stated that he would report back on the Sonoma
County Transportation Committee and the sales tax initiative at
the next council meeting.
Councilman Eck said he would be willing to be the alternate
representative to said committee in response to City Manager
Callinan's inquiry regarding same. Council concurred.
Communications Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
City Manager Callinan referred to correspondence dated August 1,
1989 from the League of California Cities regarding the
designation of voting delegate for league annual conference
stating that historically the mayor and vice mayor have been so
designated. Council concurred.
City Manager's Report: City Manager Callinan referred to Lyndon Davenport claim of
Lyndon Davenport January 24, 1989 and rejected by Council on February 14, 1989
Lawsuit and explained that said claim was the result of a situation
arising out of a previous arrest, and that this claim has been
referred to R.E.M.I.F.
Crane Creek Park City Manager Callinan explained that the Sonoma County Board of
Supervisors has approved an amendment to the agreement on Crane
Creek Park. In consideration of $75,000 of park grant funds to
the county for development of Crane Creek, all further financial
responsibility of the development of said park would be the
county's responsibility.
Rohnert Park City Council Minutes (12) August 22, 1989
Founder's Day Comm. City Manager Callinan referred to letter from Rohnert Park
Request for Funds Founder's Day Association of which copies were provided to Council
regarding request for check in the amount of $5,000 as per the
city budget adopted on August 8, 1989.
A motion was made by Councilman Hopkins, seconded by Councilman
Eck, and unanimously approved to send a check in the amount of
$5,000 to the Rohnert Park Founder's Day Association.
R. P. "Friendly City Manager Callinan provided Council with copies of letter dated
Citv" Sign August 21, 1989 from Scott Architectural Graphics Inc. regarding
the estimate to refurbish the Rohnert Park "Friendly City" sign.
Photographs of the sign were passed to the Council for their
observation and City Manager Callinan asked the Council to
personally inspect said sign and review this matter between now
and next council meeting.
Easter Seals City Manager Callinan referred to copies of letter provided to
Council from Ralph Jones, Broker of Century 21 Ralph Jones &
Assoc. regarding the casino night benefit for Easter Seals on
October 21, 1989 and encouraged Council to attend.
Performing Arts City Manager Callinan explained that copies had been provided to
Facility Council regarding the layout of the Performing Arts Facility
(Theatre) placque for review and consideration.
Maurice Fredericks City Manager Callinan explained that copies had been provided to
Sewer Allocation Council of letter dated August 16, 1989 from Maurice Fredericks
Application and shared the contents therein regarding the sewer allocation
application for 90 Arlen Drive, A.P.No.143- 38 -19.
Discussion followed regarding the difference between infilling
versus new hookups concluding to let this application go through
the process via the Planning Commission and to put on
the next agenda for discussion.
City Attorney's Report: City Attorney Flitner shared that the recent case regarding Santa
Santa Monica Rent Monica Rent Control held that the Rent Control Board cannot
Control Case authorize withholding of rent, that this would have to be
determined by the Court, specifically, that they cannot authorize
withholding for damages if there's a dispute about services.
Rohnert Park City Council Minutes (13) August 22, 1989
Matters from Council: Council Member Spiro asked if there was a need for Council
Sonoma Economic Forum approval to attend the Sonoma Economic Forum North Bay Business
North Bay Bus.Luncheon Luncheon on September 6, 1989.
A motion was made by Councilman Hopkins, seconded by Councilman
Hollingsworth, and unanimously approved for Council Member Spiro
to attend the Sonoma Economic Forum North Bay Business Luncheon on
September 6, 1989.
Calif.Jr.Miss Pageant City Manager Callinan explained that the funds given to the
California Young Woman of the Year as previously approved by the
Council in the amount of $500 needs to he ratified to correctly
specify California Junior Miss Pageant.
A motion was made by Councilman Hollingsworth, seconded by
Councilman Hopkins, and unanimously approved to ratify the $500
payment to the California Junior Miss Pageant.
Meetings City Manager Callinan referred to Council action above under
Communications regarding the appointment of a voting delegate and
alternate (mayor and vice mayor) to the League of California
Cities Annual Conference and informed the Council of the
Business Session scheduled October 24, 1989 in San Francisco.
Unscheduled Public Mayor Cochran asked if anyone in the audience wished to make any
Appearances appearance at this time.
Lewis J. Kuehm, Co-Chairman of Rohnert Park Founder's Day Assoc.,
1406 Gregory Court, was recognized and suggested Council make a
challenge to other cities to participate in a competitive activity
during the 1989 Founders Days September 22 -24, 1989. He also
commented on the $1,500 that was approved for advertising
and that the Founder's Day Association has been receiving some
nice donations.
Discussion followed in which Council agreed that Mayor Cochran
would send letters to challenge other cities to a competitive
activity for the 1989 Founders Days, confirming that the
particular activity for this event will be decided at a Council
committee meeting tomorrow .
Rohnert Park City Council Minutes (14) August 22, 1989
Councilman Eck requested to put on the next agenda consideration
for a procedure to establish the distribution of donations to
softball tournament teams, soccer, etc. to which Mayor Cochran
responded that such requests have gotten out of hand and to
explain that the City can't contribute anymore now.
Adjournment There being no further business, Mayor Cochran adjourned the
meeting at approximately 10 :06 p.m. to 4 :30 p.m. on September 12,
1989 to dedicate Sports Center mural in the women's spa and to
have a work session regarding the new Theatre.
DeprV City Clerk X/ 4yvo
£ � ",
California Building
Industry Association
1107 9th Street, Suite 1060
Sacramento, CA 95814
(916) 443 -7933
FAX (916) 443 -1960
Robert E. Raymer, P.E.
Technical Director
in Industry A�s�oi Lion
g
SACRAMENTO, CA 95814 • Phone (916) 443 -7933
Alings
The CBIA Technical Department recently conducted an extensive review of all
fire- related fatalities which occurred in California one- and two - family
dwellings during the six -year period from 1980 to 1985. The address and age of
the dwellings where 580 fire - related fatalities occurred were able to be
documented. This accounted for over 97% of the total fire fatalities reported
to the California Office of the State Fire Marshal between 1980 and 1985. An
indepth breakdown of our findings relating fire fatalities to the "age of the
structure" is presented in TABLE #1.
Our study documented an average of 96.7 fatalities occurring each year in
California one- and two - family dwellings. Given the total single family
housing stock of 6,232,096 units (see TABLE #2), there is an overall annual
average of 15.5 fatalities occurring for every million units. However, the
average fatality rate occurring in units that are less than 15 years old is 3
times lower (4.73 fatalites per million units) than the annual average for tFie
overall one- and two - family dwelling stock!
It is also important to note that less than 5% of the total fire fatalites
occurred in units which were constructed during the past 10 years (1976 - 1985).
To put this into perspective, consider hypothetically that every one- and
two - family dwelling unit that was constructed during that ten year period
(1976 -85) had been fully sprinklered. Given this hypothetical presence of
sprinklers, the maximum impact on the total number of fire fatalities which
occurred in Cali or�nia one- and two - family dwelling units between 1980 and 1985
is limited to an overall reduction of four and one half percent (4.5%): In
economic terms, this would have represented an expen 1 ure of approximately
$2.2 billion on sprinkler installations (1976 -85) which could have saved a
maximum of 26 lives between 1980 and 1985. The actual "lives saved" would most
certainly have been less due to the fact that sprinkler systems are
heat - activated rather than smoke - activated. Two - thirds of fire related
fatalities in dwelling units are caused by cigarettes igniting upholstered
furniture or bedding. This slow, smoldering fire incident provides an abundant
source of toxic gases without necessarily generating an abrupt increase in room
temperature. Considering the fact that carbon monoxide is assimilated by the
human body more than 200 times more readily than oxygen, the "smoldering fire"
presents a common residential scenario where fatalities could occur due to
smoke inhalation prior to the activation of the "heat triggered" sprinkler
system.
In closing, our extensive research on the "age of the dwelling" where
residential fire fatalities occur has clearly documented a most disturbing
fact:
The overwhelming majority of California's residential fire fatalities
are occurring in the older h ousing stock pre
If a significant reduction in our annual residential fire fatality rate is to
be achieved within the next 20 years, our life safety efforts should focus
primarily on our existing housing stock. Mandating sprinklers in new
residential construction is c ear y an ineffective (not to mention costly)
response to the current fire fatality program.
CALIFORNIA (1980 -1985)
Civilian Fire Fatalities in One- and Two - Family Dwellin4s
TABLE 1: Fatalities vs. Age of Structure
Age of Structure
0 -04 years
old
05 -09 years
old
10 -14 years
old
15 -19 years
old
20 -24 years
old
25 -29 years
old
30 -34 years
old
35 -39 years
old
40 -44 years
old
45 -49 years
old
50 -54 years
old
55 -59 years
old
over 60 years
old
TOTALS
10.0%
Fire Fatalities (1980 -85)
5
1.0%
21
3.5%
20
3.5%
51
9.0%
61
10.5%
118
20.0%
110
19.0%
67
11.5%
25
4.5%
20
3.5%
15
2.5%
9
1.5%
58
10.0%
580
100.0%
Average Annual Fatalities
M/6 years
0.83
3.50
3.33
8.50
10.17
19.67
18.33
11.17
4.17
3.33
2.50
1.50
9.67
96.67 fatalities
per year
CALIFORNIA (1980 -1985)
Civilian Fire Fatalities in One- and Two - Family Dwellings
TABLE 2: Fatalities (per million
housing units) vs.
Age of Structure
Average Annual
Single Family Avg
Fire Fatalities
Time Period
Fire Fatalites
Fire Fatalities
Housing Stock Per
Million Units
(data base: -
(millions)
1981 -1985
5
0.83
0.440988
1.88
1976 -1980
21
3.50
0.672354
5.21
1971 -1975
20
3.33
0.505922
6.54
1966 -1970
51
8.50
0.372260
22.83
1961 -1965
61
10.17
0.585651
17.37
1956 -1960
118
19.67
0.673786
29.19
Pre -1956
304
50.67
2.981135
17.00
TOTALS
580
96.67
6.232096
Overall Annual Average: 96.67/6.232096 = 15.51 fatalities per million units
57 Ops. Cal. Atty. Gen. 443 (1974)
Thomas Scheerer, Deputy; E. Younger
Questions:
1. Do the phrases "local conditions or factors" in Section 17925 and "local
conditions" in Section 17958.5 include man - caused phenomena such as a depressed
economic situation or a lack of housing to accomodate the local populace? (All
sections are of the Health and Safety Code.)
2. May a political subdivision of the State determine that a subarea of said
political subdivision may have special requirements allowing for
nonapplicability of the Uniform Building Code, or must the waiver of the
requirements be on a case -by -case basis?
3. May a political subdivision of the State establish separate building
standards for construction of cabins or other semipermanent structures in
certain specified zones such as recreational, open space, and forest
conservation?
Conclusions:
1. The phrases "local conditions or factors" and "local conditions" include
only those conditions which fall into the category of geographical or
topographical conditions. The phrases are not broad enough to include
political, social, or economic conditions. NOTE: Health and Safety Code
Section 17958.5 has been amended to "local climatic, geological, or
topographical conditions..."
2. A local governing body may determine that a subarea may have special
requirements allowing for the nonapplicability of the UBC and such a waiver
need not be accomplished on a case -by -case basis. However, the minimum health
and safety standards set forth in the regulations must be maintained.
3. A county may not determine that certain construction standards need not be
adhered to because of the location of the structures or because of their
semipermanent nature. The county may only determine that pursuant to
Section 17925 or Section 17958.5, the local conditions (such as lack of
electricity) make the enforcement of certain construction standards
unreasonable and therefore inapplicable in the subarea.
55 Ops. Cal. Atty. Gen. 157 (1972)
39 Ops. Cal. Atty. Gen. 324 (1962)
Baum Electric Co. v. City of Huntington Beach (1973) 33 Cal. App. 3d 573
Green v. Superior Court 1974 10 Cal. 3d 616
i
HEALTH AND SAFETY CODE
§ 17958.5. Changes or modifications by city or county due to local condi-
tions; Report by department
(a) Except as provided in Section 17922.6, in adopting the ordinances or
regulations pursuant to Section 17958, a city or county may make such
changes or modifications in the requirements contained in the provisions
published in the State Building Standards Code and the other regulations
adopted pursuant to Section 17922 as it determines, pursuant to the
provisions of Section 17958.7, are reasonably necessary because of local
climatic, geological, or topographical conditions.
For purposes of this subdivision, a city and county may make reasonably
necessary modifications to the requirements, adopted pursuant to Section
17922, contained in the provisions of the code and regulations on the basis
of local conditions.
(b) On or before October 1, 1981, and each October 1 thereafter, the
department shall transmit a report to the State Building Standards Commis-
sion on the modifications and changes made by cities and counties to the
building standards published in. the State Building Standards Code and the
other regulations of the commission. The report shall include a summary by
the department of the reasons cited as the necessity for the modifications
and changes. The report required pursuant to this section shall apply to*
modifications and chats made after January 1, 1980.
Amendments:
1984 Amendment: Amended subd (a) by substituting (1) "geological" for "geographical" near the end of
the fiat paragraph; and (2) "the" for "such" after provisions or' in the second paragraph.
1985 Amendment: Deleted (1) "such" before "reasonably" in the second paragraph of subd (a); and (2)
the former tut paragraph which read: "this subdivision shall remain in effect only until January 1. 1986.
and shall have no fora or effect on or after such date, unless a later enacted statute, which is chaptcrcd
Wore January 1. 1986, deletes or extends such date."
§ 17958.7. Finding prerequisite to modification or change
(a) Except as provided in Section 17922.6, the governing body of a city or
county, before making any modifications or changes pursuant to Section
17958.5, ;:hall make an express finding that such modifications or changes
are reasonably --h ary ��['citmatic, geolo lcal or to ra hi
cal condltions. Such a nding shall aval a e as a public record. A copy
o sue findings, together with the modification or change expressly marked
and identified to which each such finding refers, shall be filed with the
department. No such modification or change shall become effective or
operative for any purpose until the finding and the modification or change
have been filed with the department.
(b) The department may reject a modification or change filed by the
governing body of a city or county if no finding was submitted.
Amended Stats 1984 eh 908 § S.
Ameadmeats:
1984 Amendment: (1) Designated the former section to be subd (a); (2) substituted "reasonably necessary
because of local climatic. goologieal or topographical conditions" for "needed" at the end of the first
sentence; and (3) addod subd (b).
3.