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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.