REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution of the City Council of the City of Sunnyvale Acknowledging Receipt of a Report from the Department of Public Safety Regarding Annual Fire and Life Safety Inspections Pursuant to Sections 13146.2 Through 13146.4 of the California Health and Safety Code
Report
BACKGROUND
California Senate Bill 1205 (SB 1205) requires that fire departments provide a report to their city council every year demonstrating compliance with mandatory annual fire inspections of all public and private schools, hotels, motels, lodging houses and apartment houses. The law also requires the City Council to acknowledge receipt of the information by resolution or another similar formal document.
EXISTING POLICY
• Council Policy Goal 4.2C: Reduce the demand for fire suppression and hazardous materials response, reduce the severity of the incidents and provide protection for the lives, welfare, and environment of people within the community.
• California Health and Safety Code Section 13146.2: requires all fire departments providing fire protection services to inspect annually all hotels, motels, lodging houses and apartment houses.
• California Health and Safety Code Section 13146.3: requires all fire departments providing fire protection services to inspect every building used as a public or private school within its jurisdiction no less than once each year.
• California Health and Safety Code Section 13146.4: requires every fire department that performs annual public and private school, hotel, motel, lodging house and apartment house inspections to report annually to the city council on its compliance with such annual inspections. The annual report to the council shall be acknowledged in a resolution or other similar formal document.
ENVIRONMENTAL REVIEW
The action under consideration does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment.
DISCUSSION
The law requires the Department of Public Safety (DPS) to submit annually to the City Council its rate of compliance with inspections performed for public and private schools, hotels, motels, lodging houses and apartment houses. Adoption of the Resolution (Attachment 1) indicates the City Council’s acknowledgment of receipt of the DPS inspection report as set forth in California Health and Safety Code Section 13146.4.
The attached Resolution provides DPS’ rate of compliance for mandatory fire inspections for public and private schools, hotels, motels, lodging houses and apartment houses.
EDUCATIONAL GROUP E OCCUPANCIES: Within the City of Sunnyvale, there are 32 Group E occupancies, buildings structures and/or facilities. These are generally described as public and private schools used by more than six persons at any one time for educational purposes through grade 12. During fiscal year 2024/2025 DPS completed annual inspections at all 32 public and private schools, a compliance rate of 100%. DPS attributes the rate of performance to strong collaboration with Sunnyvale schools and administrators.
RESIDENTIAL GROUP R Occupancies: Within the City of Sunnyvale, there are 1,197 Group R-1 & R-2 occupancies, buildings, structures and/or facilities. These are generally described as hotels, motels, lodging houses and apartment houses within the jurisdictional limits of the city. During fiscal year 2024/2025, DPS completed annual inspections at 1,197 hotels, motels, lodging houses and apartment houses, a compliance rate of 100%. DPS believes its high rate of compliance is due to significant education and outreach with property owners and managers.
FISCAL IMPACT
There is no fiscal impact associated with adoption of this Resolution. The Resolution seeks to communicate and acknowledge compliance rates with inspections previously mandated by state law and not obligate DPS to any additional programs or inspections.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution acknowledging receipt of a report from the Department of Public Safety regarding annual Fire and Life Safety Inspections pursuant to Sections 13146.2 through 13146.4 of the California Health and Safety Code.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Stephanie Huang, Fire Marshal
Reviewed by: Daniel Pistor, Director, Public Safety
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution