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HomeMy WebLinkAbout02-11-1982 CITY COUNCIL AGENDA,• CITY OF SARATOGA Initial: AGENDA AGENDA BILL NO 3 (r Dept. Hd. DATE: February 11, 1982 C. Atty. DEPARTMENT: City Manager C. Mgr. ------------------- — ---------------- -- ------------------------------ ---------------- SUa=: AB 2365 - CKonnyu) -------------------------------------------------------------------------------- - - - - -- Issue Summary Assemblyman Konnyu has co- authored AB 2365 which changes from a misdemeanor to a felony the unauthorized possession of a firearm by any person found mentally ill or disordered. Assemblyman Konnyu has requested support from the City of Saratoga for this proposed legislation. Recommendation Determine whether AB 2365 merits support and, if so; direct staff to inform the appropriate legislative members. Fiscal Impacts None Exhibits /Attachnents 1. Letter dated 1/19/82 from Assemblyman Konnyu 2. Editorial from San Jose Mercury dated 11/18/81 3. AB 2365 Council Action 3/3: Mallory /Watson moved to support. Passed 5 -0. Honorable Linda Callon Mayor, City of Saratoga 12598 Fredericksburg Drive Saratoga, California 95070 Dear Mayor Callon: As one of the thought leaders of our community, I am sure you will be especially interested in knowing about AB 2365, a measure which I have just recently introduced for consideration. This bill would change from a misdemeanor to felony status the possession of a firearm by a person found mentally ill or dis- ordered. The attached news article from the San Jose Mercury further discusses the need for this measure. I will appreciate whatever support you can lend to this measure either personally or through your associations. The Gun Owners of America are in early support of this bill. Thank you for your consideration of this issue. I would appre- ciate the support of the City of Saratoga. Sincerely, ERNEST L. KONNYU Assemblyman, 22nd District E L K : h b Encls. COMMITTEES: Vice Chairman, _�u�t Human Services Ass Consumer Protection and Toxic Materials C,. Housing and Community Development Revenue SS SASTATE Tattf.� ut�t ��jegt taturie oint LegaslativexAtudit CAPITOL SACRAMENTO, CA 95814 (916) 445 -8305 ERNEST L. KONNYU DISTRICT OFFICE 7337 BOLLINGER ROAD ASSEMBLYMAN, TWENTY- SECOND DISTRICT CUPERTINO, CA 95014 (408) 446 -4114 January 19, 1982 Honorable Linda Callon Mayor, City of Saratoga 12598 Fredericksburg Drive Saratoga, California 95070 Dear Mayor Callon: As one of the thought leaders of our community, I am sure you will be especially interested in knowing about AB 2365, a measure which I have just recently introduced for consideration. This bill would change from a misdemeanor to felony status the possession of a firearm by a person found mentally ill or dis- ordered. The attached news article from the San Jose Mercury further discusses the need for this measure. I will appreciate whatever support you can lend to this measure either personally or through your associations. The Gun Owners of America are in early support of this bill. Thank you for your consideration of this issue. I would appre- ciate the support of the City of Saratoga. Sincerely, ERNEST L. KONNYU Assemblyman, 22nd District E L K : h b Encls. ��n dose �tera�org P ANTHONY RIDDER P- s"lent 11tul PutltlttN•t ROBERT D INGLE ROB ELDER ROBERT J. COCHNAR JOHN K. BAKER JERRY CEPPOS Vlrc PI kknt B.btut Ikputy F%eNtivc Edit. Managmig Edltur Awrute Editor ­1 I XmUtive Edlar DEAN BARTEE GENE FALK JOHN HAMMETT Vice Ptt %ident Direett of op -rations Vice Prmident Srke d IdirYettne Employ"• /Canmu nil Relalle"t Editorials Wednesday, November 18, 1981 106 Guns and insanity don"t � mix LMO Hatton Jr., San Jose's 1956 "dream killer;" Is the federal govern- ment's problem now, but that doe-sn't relieve the California Legislature of the.duty of tidying up after him.. Hatton jumped bail here more than three months ago on a misdemeanor weapon$ charge and turned up in mid -October — armed — in the US.. Treasury building in Washington, D.C. Hatton is now in Washington's St. Elizabeths Hospital where psychiatrists have until Dec. 22 to determine whether he is mentally competent to stand trial in a District of Columbia court. California can't extradite him for skipping bail on the gun charge pending against him here because misdemeanors are not extradit- 'able offenses. Fortunately, Assemblyman Ernie '.Konnyu, R- Saratoga, is preparing remedial legislation and promises to introduce it Jan. 4, when the Legislature reconvenes in regular session. Konnyu would make it a felony, rather than a midsdemeanor, for former mental patients to keep or carry guns or other deadly weapons. Moreover, Konnyu's bill applies this stricture to anybody acquitted of a violent crime by reason of insanity. That makes good, if belated, sense.. It won't bring Elmo Hatton Jr. back to California, but it should prevent similar situations from aris- ing in the future. Hatton killed a woman and seriously wounded a man in a seemingly motiveless shooting spree near Almaden Reservoir in 1956. He said it all seemed "like a dream" and Superior Judge William F. James found the 21- year -old former office boy not guilty by reason of insanity. Hatton spent almost 20 years in state men- tal hospitals and halfway houses before an- other Superior Court judge, Bruce F. Allen, formally ended his parole in 1976. Last July 22 Hatton was arrested in Santa Clara for alleg- edly brandishing a pellet gun at two juveniles. They called police who found Hatton in a .nearby' phone booth and relieved h" of his pellet glen. A search of Hatton's. knapsack turned up a .30- caliber rifle and 80 rounds of ammurlltion, The "dream killer" bailed out of jail for $150 cash.— and never showed up for his Aug. 12 preliminary hearing. Had he stuck around, the maximum penalty he faced would have been six months in jail or. a $500 fine or both. His offense is.only a misdemeanor under Sec- tion 8103 of the Welfare and Institutions Code. In -this instance, the law is quirky, ironic and dangerous. Hatton, the innocent-by- reason -of- insanity killer, can bail out of jail for $150 and can't be extradited because he's only accused of a misdemeanor. Yet if Hatton had been convicted of murder and later paroled, he would now be accused of a felony. His bail would have been considerably more than $150, and if he jumped it, the state of California could insist on getting him back to stand trial. In all this, the law misses a critical point: Ordinary citizens deserve protection from in- dividuals, sane or insane, who have a history of violence. The Hatton case underscores the need for legislative reform in this area. The former mental patient is not only a certifiable killer, he is a confirmed and continuing gun fancier who authorities say has threatened the lives of two presidents, Richard Nixon and Jimmy Carter. . The Legislature should pass Konnyu's bill and Gov. Jerry Brown should sign it into law as quickly as possible. CALIFORNIA LEGISLATURE - 1981 -82 REGULAR SESSION • ASSEMBLY BILL 0 No. 2365 Introduced by Assemblymen Konnyu, Naylor, Dennis Brown, Harris, Ivers, and La Follette January 11, 1982 An act to amend Section 8103 of the Welfare and Institutions Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2365, as introduced, Konnyu. Firearms: possession: mental illness. Existing law makes it a misdemeanor for persons found • mentally ill or disordered, unless a certificate has been issued stating that the person can possess firearms without endangering others, or found not guilty by reason of insanity of specified offenses, to possess or have under their custody or control any firearm. This bill would make the violation a felony, and would specify that persons found not guilty by reason of insanity in other jurisdictions as specified are included. Article XIII B of the California Constitution and Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming •these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. However, this bill would provide that no appropriation is made and no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. • State - mandated local program: yes. 99 40 AB 2365 —2— The people of the State of California do enact as follows.- • 1 SECTION 1. Section 8103 of the Welfare and 2 Institutions Code is amended to read: 3 8103. (a) (1) No person who has been adjudicated 4 by a court to be a danger to others as a result of a mental 5 disorder or mental illness, after October 1, 1955, shall • 6 have in his possession or under his custody or control any 7 firearm unless there has been issued to such person a 8 certificate as hereafter described in this section and such 9 person has not, subsequent to the issuance of such 10 certificate, again been adjudicated by a court to be a 11 danger to others as a result of a mental disorder or mental 12 illness. 13 (2) A certificate meeting the requirements of this 14 section must be a written statement that is either part of 15 a broader certificate of competency or a separate 16 document and that is issued, on application of the person 17 who was so adjudicated, either at the time of release from 18 treatment under such adjudication or at a later date, by • 19 the medical director of any California state hospital, 20 stating that in the opinion of the person issuing the 21 certificate based either on his own knowledge or on the 22 opinions of members of his staff or on records of the 23 institution, the applicant is a person who may possess a 24 firearm without endangering others. If a person applies 25 to a medical director of a California state hospital for such 26 a certificate and the applicant has not been treated in 27 that hospital, or if the medical director believes that a 28 current mental examination is necessary to enable him to 29 determine whether or not such a certificate shall be 30 issued, the medical director shall cause such person to be 31 examined by a member of the staff of the hospital and • 32 may otherwise investigate the case. The medical director 33 may charge a reasonable fee for such examination and 34 investigation. 35 (3) Refusal of a medical director to issue a certificate 36 of competency or separate document as described in the 37 preceding provisions of this section is reviewable by 38 mandamus in the superior court of the county of which • 99 70 r 'F 3— AB 2365 • 1 the applicant is a resident or the county in which the 2 hospital of which the medical director is head. Upon a 3 showing to the satisfaction of the court of abuse of 4 discretion by the medical director the court shall issue its 5 writ directing the medical director to issue its certificate 6 or document. • 7 (b) No person who has been found, pursuant to 8 Section 1026 of the Penal Code or the law of any other 9 state or the United States, not guilty by reason of insanity 10 of murder, mayhem, a violation of Section 207 or 209 of 11 the Penal Code in which the victim suffers intentionally 12 inflicted great bodily injury, robbery in which the victim 13 suffers great bodily injury, a violation of Section 447a of 14 the Penal Code involving a trailer coach, as defined in 15 Section 635 of the Vehicle Code, or any dwelling house, 16 a violation of subdivision 2 or 3 of Section 261 of the Penal 17 Code, a violation of Section 459 of the Penal Code in the 18 first degree, assault with intent to commit murder, a 19 violation of Section 220 of the Penal Code in which the 20 victim suffers great bodily injury, a violation of Section 21 12303.1, 12303.2, 12303.3, 12308, 12309, or 12310 of the 22 Penal Code, or of a felony involving death, great bodily 23 injury, or an act which poses a serious threat of bodily 24 harm to another person, or a violation of the law of any • 25 other state or the United States which includes all the 26 elements of any of the above felonies as defined under 27 California law, shall have in his possession or under his 28 custody or control any firearm. 29 (c) Every person who possesses or has under his 30 custody or control any firearm in violation of this section 31 is guilty of a misdemeaner felony. 32 SEC. 2. No appropriation is made and no •33 reimbursement is required by this act pursuant to Section 34 6 of Article XIII B of the California Constitution or 35 Section 2231 or 2234 of the Revenue and Taxation Code 36 because the only costs which may be incurred by a local 37 agency or school district will be incurred because this act 38 creates a new crime or infraction, changes the definition 39 of a crime or infraction, changes the penalty for a crime • 40 or infraction, or eliminates a crime or infraction. 99 100 CITY OF SARATOGA t� AGENDA BILL NO. DATE: February 11, 1982 Initial: Dept. Hd. C. Atty. C. Mgr. SECT: Ordinance Pao. Restricting Vehicle Repairs in Residential Districts Issue Sunmary The Code Enforcement Officer has recommended consideration be given to adoption of an ordinance regulating the activity of repairing automobiles, trailers, and other vehicles in residential areas. Unregulated repair of vehicles can be unsightly, create noxious odors and fumes, and result in disturbing noises. Vehicles under repair on public rights of way can create hazardous conditions for the public. From time to time, the City receives complaints from residents about these nuisances and hazards. Present ordinances and state laws do not adequately cover these activities and conditions. Reconmendation Introduce the ordinance and schedule a public hearing to allow residents the opportunity to express views on the need for this ordinance. Fiscal Impacts There would be added cost for the enforcement of this ordinance. it is not possible to estimate such cost realistically. Exhibits /Attachments 1. Report from :Manager dated February 11, 1982. 2. Draft ordinance. 3. Correspondence received on ordinance. Council Action 2/17: Jensen/Mallory moved to set for public hearing 3/17. Passed 4 -0. At this time, 3/17: Conducted public hearing. Jensen /Mallory moved to continue to 4/7. Passed 5 -0. 4/7: Mallory/Watson moved to adopt resolution 38.106. Passed 5 -0. 1 s REPORT TO MAYOR AND CITY COUNCIL DATE: 2/11/82 COUNCIL MEETING: 2/17/82 SUBJECT: Ordinance Restricting Vehicle Repairs in Residential Districts The attached ordinance would regulate and restrict the repair of motor vehicles in residential areas of the City. - Repairs may be performed only on vehicles registered to the property owner. - Except for emergency repairs performed within forty -eight hours from time of breakdown., no repairs are permitted on public streets. - On private property, including driveways, repair activity and the storage of parts, equipment and vehicles would be limited to five consecutive days.if exposed to public view. .There is no time limit on repair activity not in the public view. Repair activities must conform to the City's noise ordinance (which provides:no noise greater than 70 dBA at a distance 25 feet from the source is permitted between 8:00 a.m, and 8 p.m., and no noise greater than 6 dBA above the surrounding noise level outside the property between 8:00 p.m. and 8:00 a.m. - Creation of discernable smoke or noxious fumes as a con- sequence of repair activity is prohibited. Vehicle Repair Ordinance February 11, 1982 Page two Violation of any of the above regulations, if nro erly discovered, would be an infraction offense carrying a pena ty o 50 for the first conviction, $100 for the second, and $250 for the third. While the City occasionally receives complaints from residents regarding activities that would be regulated by this ordinance, it is difficult to determine the degree to which any problems or nuisances may now exist in the community. The need for such an ordinance has not been measured or determined. Enforcement of the ordinance would depend upon the City receiving complaints from the public on alleged violations. The enforcement authority would have to observe the violation or receive a signed written complaint from a witness to the violation before any citation can be issued for the violation. However, the City has no authority to force compliance with the ordinance without proper adjudication by a court. Thus, enforcement would not be 100% effective, but would be responsive to violations which result in complaints. J. W ne De netz City Manage ck ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA RESTRICTING VEHICLE UPAIRS IN RESIDENTIAL DISTRICTS The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section 10 -30 is hereby added to the Saratoga City Code, to read as follows: Section 10 -30. Repairs of vehicles, etc., in residential districts. No person shall engage in the repair of any motor vehicle, trailer, camper unit or boat in any residential zoning district within the City of Saratoga except in accord with the following regulations: (1) The vehicle, trailer, camper unit or boat must be currently registered to a person resident at the site at which it is being repaired at the time it is being repaired, and (2) Except for emergency repairs performed within forty - eight hours from the time of a breakdown, no such repair shall be permitted on any public street, public trail, or other public right of way, and (3) Such repairs that are performed on private property within public vie-,17 aha.11 be c m le d within five (5) con- secutive days.�re i sno�ltimif'of time when the repair activity, and the storage of all repair equipment supplies, vehicles and parts,are completely screened from the public view. (4) No such repair shall be permitted if it creates a volume of noise in excess of the levels established in the Noise Control Ordinance of the Saratoga City Code presently appearing at Article V of Chapter 8. i (5) No such repair shall be permitted f it creates any smoke or noxious fumes or odors which are discernable to occupants of adjoining real property or to members of the general public using an adjoining public street or public right of way. Any person violating any of the provisions of this section shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each and every day during a portion of which any violation of this section is committed, continued or permitted by such person shall be punishable accordingly. The violation of ahy, part of this section shall constitute a separate violation. Any person convicted of an infraction under this section shall be punish- able for a first conviction by a fine of not more than Fifty 1)pllars; ($50.00), for a second conviction within a period of one (1) year from the first conviction, by a fine of not more than One 1 =undred Dollars ($100.00), and for a third or any subsequent conviction within • period of one (1) year from the second or succeeding conviction, by • fine of not more than Two Hundred Fifty Dollars ($250.00). The bail for each violation of this section shall be in the amount of the fine as set forth hereinabove, plus the penalty assessment imposed by the Court. In addition to the penalties provided by this section, any condi- tion caused or permitted to exist in violation of any of the provisions of this code, shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a Court of competent juris- diction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.' The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, -2- sentences, clauses or phrases be held invalid or unconstitutional. Section 3: This ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this day of , 198Z, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK -3- MAYO R SUNLAND PARK HOMEOWNERS' ASSOCIATION 18276 Purdue Drive 3-1'7 Saratoga, California 95070 9 Mar011 UV[-D MAR 9 1982 ; Mayor Linda Callon, Vice Mayor Marty Clevenger, & ...._► Councilpersons Cheriel Jensen, John Mallory, & Dale Wats City of Saratoga 13777 Fruitvale Ave. Saratoga, California 95070 Dear Mayor Callon, Vice Mayor Clevenger, & Councilpersons Jensen, Mallory, & Watson: This is regarding the proposed ordinance on Repair of Motor Vehicles being considered by the City Council at its next meeting. The Sunland Park Homeowners' Association Steering Committee reviewed this proposed ordinance at its March 8, 1982, meeting, and voted unanimously to support your adoption of this ordinance. We have had several severe problems of people repairing motor vehicles for extended periods of time in front of their homes. These cases became, or are now, very disturbing and unsightly nuisances to many neighbors. We feel strongly that there should be an ordinance to control this abuse to the neighborhoods in the few instances where it occurs. The amount of time that may be necessary to observe reported cases and make associated citations should be very small. In fact, as people become aware of the existance of this ordinance, there should be a steady decline of such problems. Also, it certainly would be appropriate, and fiscally responsible, to collect fines to cover all expenses related to enforcing this ordinance. Thank you for your consideration of this matter. Sincerely, William G. z, P ident, Sunland Park Homeowners' Assn. cc: Wayne Dernetz, City Manager CITY OF SARATOGA AGENDA BILL NO. DATE: 2/10/82 DEPARTMENT: Planning & Policy Analysis Initial: Dept. Hd. C. Atty. C. Mgr. SUBJ=: SB -1093, Petris (Mandatory Density Bonus for Parkland Dedication) -------------------------------------------------------------------------------- - - - - -- Issue Summary 1. SB -1093 would require a City requiring dedication of parkland as a condition of approval for Tentative Map to allow an increase in density on the remaining portions of a development equivalent to the number of units that would have been allowed on the park site had it not been dedicated. Recommendation 1. Oppose SB -1093 Fiscal Impacts None Exhibits /Attachments 1. Memo 2/3/82 2. League Bulletin 1/22/82 3. S.B. 1093 Council Action 2117: Mallory /Jensen moved to oppose and send appropriate letters. Passed 4 -0 (Callon absent.) o� SA.I��?► MW REPORT TO MAYOR AND CITY COUNCIL DATE: 2/3/82 COUNCIL MEETING: 2/17/82 SUBJECT: SB -1093, Petris (Mandatory Density Bonus for Parkland Dedication) ---------------------------------------------------------------------- - - - - -- SB -1093 would amend the "Quimby Act" to require any city requiring dedication of parkland as a condition to approval for a tentative map to allow an increased density on the remaining portions of a development equivalent to the number of dwelling units that would have been allowed on the parksite had it not been required to be dedicated (Legislative Bulletin, League of California Cities, January 22, 1982). If the above mentioned bill should be signed into law, a City who requires the dedication of.parkland for tentative map development would be required to increase the density on the remaining portions. It should be noted that the City of Saratoga does not require the dedication of parkland but rather the dedication of in lieu fees. Under the current law, a City through the "Quimby Act" is allowed . to accept either land or fees in the approval process of a tentative map. The purpose of the "Quimby Act" is to off set the impact of a new development on the adjacent parks in the area by requiring monies or new parklands. The City of Saratoga generally accepts the in -lieu fees versus the parklands. These monies are then use to develop:parks that the City currently ownes. The League of California Cities points out some very interesting reasons for objecting the Bill to include: ' 1. The lot sizes, the house sizes and the density of a particular area will vary depending on whether or not there is a parkside on the original parcel that was sub- divided. 2. The houses right next to each other could be built according to different densities and different sizes. 3. A property owner who dedicates land for parkspace is exempt from the in -lieu fees which other developers are required to pay if they do not have sufficient area to develop a park. y R t. CITY of SAR,ATOO GA REPORT TO MAYOR CITY COUNCIL AND -7 DATE: 2/3/82 COUNCIL MEETING: 2/17/.82 SUBJECT: SB -109 3, Petris (Mandatory Density Bonus fore Parkland Dedication) S3 --1093 would amend the "Quimby Act" to require any city requiring ucdicatibn of parkland as a condition to approval for a tentative <a:) to .allow an increased density on the remaining portions of a �; v3lopment equivalent to the number of dwelling'.units that would :.aye been allowed on the parksite had it not'been required to be r`or"icated.(L4gislative Bulletin, League of California Cities, ,- 7- Anuary 22, 1982) . if the above mentioned bill shbold be signed into law, -a, City who recui. -es the dedication of parkland for tentative map development would be required to increase the density on the remaining portions, i.t should be noted that the -City of Saratoga does not require the cedication of parkland but rather the dedi.catio'n of in lieu fees. Un.`.ier the current law, a City through. the "Quimby Act" is allowed to accept - .either land or fees in the approval process of a tentative .raj . The ptirppse of the "Quimby ;�Ct" is to off set the impact of a new development on the adjacent parks in the area by requiring ?:lonies or landgarklands. The City of Saratoga -generally accepts the impAe4au fees veteus the .parklands. These mQn1es are then use to cievelopepa:rks that the City current ** ownea. `2i4e League of California .Cities pibi,nts out some very interesting reasons for objecting the Bill to include:. 1. The lot sizes, the mouse sizes rind the-densty of a particular area wil;ll,vary depending on whether .or riot. there is a. park,side on the original parcel that was sub- divided; 2. The houses right, next to each othee would by built aocording to different densi,ttes. and different sizes. 3, A.Aproperty owner w1jo dedicates land for parkspaoe is exempt from the in -lieu fees which other clevelopers are regtzlr_ed to pay if they do not leave suLfieient area to develop a park. SB -1093, Petris February 3, 1982 Page 2 Staff is recommending that the City Council go on record by Minute Resolution or letter opposing SB -1093 for reasons stated by the League of California Cities and that this is just another action of which the State is getting involved with local government in determining land use regulations. SB -1093 was approved by the Senate Committee on Local Government and now goes directly to the floor, bypassing the Senate Finance Committee. Staff has attached the League comments as well as a copy of the Senate Bill 1093. t44uao�' 11 S.1 Robinson, Jr ire ctor of Planni . g & Policy Analysis RSR /mgr Attachments �sEr r } ■EM■■ MEOW ■Ert California Cities Work Together League of California Cities 1400 K Street • Sacramento 95814 • (916) 444 -5790 P 1301 Pennsylvania Ave., N.W., Suite 600 • Washington, D.C. 2011626 -3108 ,14 Ai FO p�ryN /NC . J ,98 pC� x 982 Cy January 22, 1982 'NZ y% To: Mayors, City Managers and City Clerks in Non- Manager Cities (Internal Distribution Please: Council Members and All Department Heads) LEGISLATIVE ACTIVITIES 1. Tort Liability. Elimination of Joint and Several Liability. SB 500 (Beverly) - SB 1336 (Davis) 2. Mortgage Revenue Bond Financing for Multi- Family Rental Housing. AB 665 (Hughes) 3. State Budget Reductions. SB 1326 (Alquist) - AB 2360 (Vasconcellos) 4. Mandatory Density Bonus For Parkland Dedication. SB 1093 (Petris) 5. Garbage Collection Franchises. Expansion of Grandfather Clause For Existing Businesses. SB 1253 (Dills) 6. Conversion of Existing Community Apartment Projects to Condominium Status. SB 1108 (Speraw) 7. Enterprise Zones. AB 416 (Nolan) 8. Changed Status of Bills Previously Reported. ADMINISTRATIVE ACTIVITIES 9. Peace Officer Licensing. P.O.S.T. Invites Comments For January 28, 1982 Meeting in San Diego. LEGISLATIVE ACTIVITIES _f�+ I ?) t1 C •-%?) 5 tw v2 1. SUPPORT Tort Liability. Elimination of Joint and Several Liability. SB 500 (Beverly) - SB 1336 (Davis). Under the present so- called joint and several liability rule a city which is found to be responsible for as little as 1 or 2% of a plaintiff's injury can be made responsible for 100% of the damages if the other defendants do not have adequate funds to pay for the loss. Two pieces of legislation seek to address this concern by limiting the recovery against the city to that percentage of the injury that the city was re- sponsible for. SB 500 (Beverly) would modify this rule in all cases as to the portion of the damages above and beyond the medical expenses and other actual out -of- pocket costs. Under this bill those so- called pain and suffering or non- economic losses could only be recovered from a defendant for that percentage of the injury which that defendant was held responsible for so long as the defen- dant was not responsible for more than 40% of the total injuries. SB 500 was approved this week by the Senate Committee on Judiciary and is now pending on the Senate floor. Committee members voting in favor of the legislation were: Senators Beverly, Davis, Doolittle, Marks and Roberti. Senators Perris, Rains, and Sieroty voted against the measure. Senator Presley was riot presciC-. at the time the bill was considered. Just introduced.-is SB 1336 (Davis) which only applies to government agencies and completely eliminates the joint and several liability rule. The main reason for introducing this bill in addition to SB 500 is that there is a feeling thaL many legislators, while dot wanting to completely eliminate the rule for pri- vate entities, may feel that government agencies should no longer be viewed as "a deep pocket" and should be protected against unreasonable claims for damages. Strong letters of support for both SB 500 and SB 1336 should be sent to all members of the Senate. These letters should point out examples of cases that cities have been involved in where the city either believed it was not liable and settled the case because of fear of a significant judgment against it or where the city actually had to pay a large amount of damages where the city re- sponsibility for the incident was relatively minor. In addition, letters cf appreciation should be sent to those members of the Senate Judiciary Committee who voted for SB 500 and also urging their support for SB 1336 which will be heard by that same Committee in February or March. 2. SUPPORT Mortgage Revenue Bond Financing For Multi- Family Rental Housing. AB 665 (Hughes) authorizes cities and counties to undertake mort- gage revenue bond financing for multi - family rental housing up to a statewide limit of $900 million annually. Twenty percent of the units to be financed must be for occupancy on a priority basis by lower income households at affordable rents. Up to 10% of .a bond issue may be used to develop commercial property for .lease on the same or adjacent site to the multiple family rental housing develop- ment. AB 665 will be up for final consideration by the Assembly and Senate in the very near future in the form of a joint Conference Committee report, adding an urgency provision to the bill (to make the legislation effective immediately rather than taking effect on January 1, 1983). With the addition of the urgency provision, the bill will require a two - thirds majority. Interested cities s'ioild contact their Assembly and Senate members at once. 3. State Budget Reductions. SB 1326 (Alquist) - AB 2360 (Vasconcellos). Explanation of Vehicle License Fee Reduction. In last week's Legislative Bulletin (January 15), it was indicated that cities would be reduced by $250 million in the VLF or $14.11 per capita. By way of further explanation, if no legislative cut- back were enacted with respect to the vehicle license fee for 1982 -83, cities would then receive statewide about $370 million or $20.88 /capita. The Governor proposes a reduction in the VLF fund for cities of $250 million or $14.11 /capita, leaving $110 million to be distributed to cities on the basis of population ($6.77 /capita). Following the League Board of Directors meeting this week, a complete analysis of the proposed budget and the League's response and counter proposal will be distributed to all cities. 4. OPPOSE Mandatory Density Bonus For Parkland Dedication. SB 1093 (Petris). SB 1093 amends the "Quimby Act" to require that any city or county requiring dedication of parkland as a condition to approval of a tentative sub- division map must allow increased density on the remaining portion of a develop- ment equivalent to the number of dwelling units that would have been allowed on the parksite had it not been required to be dedicated. The argument used in favor of the bill is that this just ensures the property owner will be allowed to build the same number of units as he thought he would have been able to build by looking at the zoning. This, obviously, ignores the fact that when cities - 2 - 1/22/82 set their densities for residential development in their general plans or in community plans they usually indicate the amount of parkland which will be re- quired in the area. The number of housing units that could be built thus al- ready reflects the fact that some of the land will be used for parksites rath,-ij than residential development. There is seldom merit to the claim that a park- land dedication reduces the density below that originally contemplated in the zoning and general plan. SB 1093 was approved by the Senate Committee on Local Government and now goes directly to the floor, bypassing the Senate Finance Committee. The bill would have to go to the Senate Finance Committee if it were a state - mandated program. The bill is not recognized as a state mandate because no local government has to enact a Quimby Act ordinance. However, jurisdictions which already have a Quimby Act ordinance would either have to abandon use of the Quimby Act if they didn't want to make the density bonus, or would have to amend their Quimby Act ordinance to take into account the density bonus and then make any other changes in their land use regulations necessary to accommodate the additional densities. In addition to these points, letters of opposition should point out that, under the bill, the lot sizes, house sizes and densities in a particular neighborhood will vary depending upon whether or not there is a parksite on the original parcel that was subdivided. Houses right next to each other could be built according to different densities and different size lots. In addition, a property owner who dedicates land for park space is exempt from the in lieu fees which other developers are required to pay. Letters of opposition should be sent to all mem- bers of the Senate. 5. REVIEW Garbage Collection Franchises. Expansion of Grandfather Clause For .AND Existing Businesses. SB 1253 (Dills). Under existing law enacted COMMENT in 1976, AB 1938 (Knox), whenever a city proposes to establish an exclusive franchise for garbage collection, any existing companies providing service in the area which have received a permit, franchise or contract from the city (or from the county if the land was just annexed to the city) are entitled to remain in business for an additional five years (or the period of the franchise or contract whichever is less) notwithstanding the fact that the city has now proposed exclusive franchise operations in the area. SB 1253 extends the same five year continued operations grandfather clause for existing operators to those which simply had a business license from a city or county and did not have a franchise, contract or permit. Cities contemplating the issuance of an exclusive franchise for garbage collection for commercial or residential property for any or all parts of the city, or which have an existing franchise and may include areas about to be annexed, should review this legislation to determine its impact. Letters should be sent to the League's Sacramento office specifying what problems, if any, this legislation would cause for garbage collection activities. SB 1253 has been approved by the Senate Committee on Local Government. It is an urgency measure now pending on the Senate floor but could be acted upon next month in the Assembly. 6. COMMENTS Conversion of Existing Community Apartment Projects to Condominium Status. SB 1108 (Speraw) was amended by the author in the Senate INVITED Committee on Local Government on January 20 to allow conversion of community apartment projects (a form of ownership where tenancy in common is held in the land and structures,.oSection 11004 of the Business and Professions Code) without having to go through Subdivision Map Act procedures. The author stated his intent was to allow existing community apartment projects in Long Beach, which are owned primarily by seniors, to change the form of their - 3 - 1/22/82 grant deed from a community apartment to a condominium without going through the full process under the Map Act. The community apartment type of ownership apparently is more difficult to finance or refinance than the condominium type. SB 1108 was passed out of the Local Government Committee and must be approved by the Senate before the January 29 deadline for 1981 bills to continue in the legislative process. 7. INFORMATION Enterprise Zones. AB 416 (Nolan). Several bills were introduced early in 1981 in anticipation of enactment of federal enterprise zone legislation. AB 416 was the only enterprise zone bill passed out by the Assembly Committee on Economic Development and Planning and it failed passage in the Assembly Ways and Means Committee. The Ways. and Means Committee did agree to recommend a rule waiver to Assembly Rules in order that a bill on the same subject could be introduced by Assemblyman Nolan later in this session. The ob- jective of the author is to have enabling and supplementing legislation in place to facilitate implementation of the federal legislation when and if enacted. The President is scheduled to announce the particulars of the Administration enter - rise zone proposal the week of January 25. AB 416 authorizes any city or county (and the State Department of Economic and Business Development where required by federal criteria) to designate a distressed area within its jurisdiction an enterprise zone. The objective of the proposed state and federal legislation would be to generate economic renewal and employ- ment in designated enterprise zones using a combination of tax incentives and de- regulation measures. Indications are that the Administration proposal anticipates designation of twenty -five zones nationally in the first year of the program on some sort of competition basis. 8. Changed Status of Bills Previously Reported. (a) Overhead Charges For County Contracts With Cities. AB 1743 (Vicencia) gained approval for reconsideration and will be voted upon by the Senate Committee on Local Government within the next several weeks. (b) Sales of Fireworks. SB 999 (Campbell). The bill which prohibits cities from banning fireworks sales, is still on the Senate Unfinished Business File, awaiting either its final vote before .going to the Governor or reference to a Senate policy committee. It is important.that in- terested cities keep up an active lobbying campaign with their legislators and the media. (c) Accelerated Payments of State Withholding Payments by Employees. AB 6X (Robinson) has,been adopted and signed by the Governor, thereby increasing state revenues in the current year to help balance the 1981 -82 budget. AB 6X applies to nearly all employers, including local government and schools. ADMINISTRATIVE ACTIVITIES 9. COMMENTS Peace Officer Licensing, P.O.S.T. Invites Comments For January 28, 1982 Meeting in San Diego. In a widely circulated bulletin issued INVITED December 22, 1981, the Commission on Peace Officer Standards and Training offered these comments and invited city comment: "During October of 1980, the Commission on Peace Officer Standards and Training (POST), along with the Peace Officers Research Association of California (PORAC) and the California Peace Officers Association (CPOA), sponsored a Symposium on Professional Issues in Law Enforcement. The participants numbered over 100 and included police executives, managers, rank - and -file officers, trainers, and vari- ous other interested parties. At the conclusion of this three -day conference, the issues which were of most interest to law enforcement were reduced to writing, with a recommendation that several task forces be formed to address these sub- jects in.greater detail. The issue of peace officer licensing was one area - 4 - 1/22/82 selected to be addressed by a task force. "In the year that has passed since the Symposium, the Licensing Task Force, made up of representatives of CPOA, PORAC, and POST has met frequently to discuss pertinent issues surrounding the licensing of peace officers, and to develop an initial draft of proposed legislation. The idea of licensing was reviewed in concept and approved by the Commission at its July 1981 meeting with the under- standing that more work would have to be done before final legislation is con- sidered. "At its October 1981 meeting, the Commission directed its Legislative Review Com- mittee to study the entire matter of peace officer licensing in more depth, and report back at the January 1982 Commission meeting. It is anticipated that a general discussion on the issue will follow the Legislative Committee's report. This discussion will center on the concept of peace officer licensing, and was not to include consideration of any proposed legislation. "The issue of peace officer licensing is one that has been around for many years. The last attempt at enacting licensing legislation was in 1978 with the intro- duction of SB 1927. To date these efforts for a comprehensive licensing bill have not been successful, for a variety of reasons. However, elements of licensing (e.g., requiring POST to cancel certificates in felony conviction cases, and to establish minimum standards for vision, hearing, emotional stability and physical stability), have separately and piecemeal cleared the Legislature and been signed into law. "Because of the controversial nature of this subject, the Commission has moved very carefully while exploring the issues surrounding peace officer licensing. This is the reason the matter has been scheduled for public discussion at the January 1982 meeting. The Commission prides itself on being attuned to the needs and desires of the field and, in keeping with this, will reserve final action on the licensing issue until after your comments have been heard." Telephone Hot Line: For bill status call (916) 444 -5790 and ask for the Telephone Hot Line. - 5 - 1/22/82 AMENDED IN SENATE MAY 12, 1981 0 SENATE BILL No. 1093 RECEIVED Introduced by Senator Petfif 8 - 1 1982 • RLA"Id6 POLICY ANALYSIS March 31, 1981 An act to amend Section 529-1 4 the Cede of Gird Pr-eeedtt -e7 ~wig to eenstruetieft pr-ajeets. 66477 of the Government Code, relating to subdivisions. LEGISLATIVE COUNSEL'S DIGEST SB 1093, as amended, Petris. Genstruetieft prejeets! Subdivisions: dedications for parks or • recreation. Emisting lam preN,ides that f apply to the eourt b�, netieed tnetien f" an order- requiring the plainti€€ to ash a written as seetrrity for eests and damages that be ineurred 43,y the defendant ifr any aetien • ift whieh the eettrt has gr -anted aft mien sought by a plaintiff€ to enjein a eenstrueti prejeet whieh hfas reeved all legally wed heenses and perffiit. his bill wetrld extend the abeN,e pre-vision to ale t_- ttetieft 4 „ „t..uetieft pig as speei ied. ����� �� The existing law authorizes a local agency, by ordinance, to require dedication of land, or payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as •a condition to the approval ofa final subdivision or parcel map provided certain general conditions exist. This bill would, in addition, require that the ordinance provide for an increase in the overall density of the subdivision equal to the number of residential units that would have been allowed on the portion of land dediLcated to • the local agency. Vote: majority. Appropriation: no. Fiscal committee: no. State - mandated local program: no. 98 40 SB 1093 —2— The people of the State of California do enact as follows: • 1 SEGTION 4-. Section 5294 of the GE)de a€ Girl 2 SECTION 1. Section 66477 of the Government Code 3 is amended to read.- 4 66477. The legislative body of a city or county may, by 5 ordinance, require the dedication of land, the payment of • 6 fees in lieu thereof, or a combination of both, for park or 7 recreational purposes as a condition to the approval of a 8 final map or parcel map, provided that: 9 (a) The ordinance has been in effect for a period of 30 10 days prior to the filing of the tentative map of the 11 subdivision or parcel map. 12 (b) The ordinance includes definite standards for 13 determining the proportion of a subdivision, to be 14 dedicated and the amount of any fee to be paid in lieu 15 thereof. 16 (c) The land, fees, or combination thereof are to be 17 used only for the purpose of providing park or 18 recreational facilities to serve the subdivision. • 19 (d) The legislative body has adopted a general plan 20 containing a recreational element, and the park and 21 recreational facilities are in accordance with definite 22 principles and standards contained therein. • 23 (e) The amount and location of land to be dedicated 24 or the fees to be paid shall bear a reasonable relationship 25 to the use of the park and recreational facilities by the 26 future inhabitants of the subdivision. 27 (f) The city or county shall develop a schedule 28 specifying how and when it will use the land or fees or 29 both to develop park or recreational facilities. Any fees 30 collected under the ordinance shall be committed within 31 five years after the payment of such fees or the issuance • 32 of building permits on one -half of the lots created by the 33 subdivision, whichever occurs later. If such fees are not 34 committed, they shall be distributed and paid to the then 35 record owners of the subdivision in the same proportion 36 that the size of their lot bears to the total area of all lots 37 within the subdivision. • 38 (g) Only the payment of fees may be required in 98 52 -3— SB 1093 • 1 subdivisions containing 50 parcels or less. 2 (h) Subdivisions containing less than five parcels and 3 not used for residential purposes shall be exempted from 4 the requirements of this section; provided however, that 5 a condition may be placed on the approval of such parcel •6 map that if a building permit is requested for 7 construction of a residential structure or structures on 8 one or more of the parcels within four years the fee may 9 be required to be paid by the owner of each such parcel 10 as a condition to the issuance of such permit. 11 (i) The ordinance provides for an increase in the 12 overall density of the subdivision equal to the number of 13 residential units that would have been allowed on the 14 dedicated portion of the subdivision. 15 Land or fees required under this section shall be 16 conveyed or paid directly to the local public agency 17 which provides park and recreational services on a 18 communitywide level and to the area within which the •19 proposed development will be located, if such agency 20 elects to accept the land or fee. The local agency 21 accepting such land or funds shall develop the land or use 22 the funds in the manner provided herein. 23 In the event park and recreational services and •24 facilities are provided by a public agency other than a city 25 or a county, the amount and location of land to be 26 dedicated or fees to be paid shall be jointly determined 27 by the city or county having jurisdiction and such public 28 agency. 29 The provisions of this section do not apply to industrial 30 subdivisions; nor do they apply to condominium projects 31 or stock cooperatives which consist of the subdivision of •32 airspace in an existing apartment building which is more 33 than five years old when no new dwelling units are 34 added, nor do they apply to parcel maps for a subdivision 35 containing less than five parcels for a shopping center 36 containing more than 300,000 square feet of gross leasable 37 area and no residential development or uses. 38 Park and recreation purposes shall include land and •39 facilities for the activity of "recreational community 40 gardening," which activity consists of the cultivation by 98 55 SB 1093 —4— • 1 persons other than, or in addition to, the owner of such 2 land, of plant material not for sale. 3 Pr-eeeditr-e is amended to Leah- 4 5291. sin the eatr t has an 5 injuttetion ` plijittt , ocher than the stake; a 6 eatinty, a ffittttieipal earperatior eTr ether pt�ie ageney, 7 to enjein a �....�.,,_....etie.., pfejeet 4 aity 4ftge of the • 8 9 prejeet, ineluding htrt net hffi4ed to the if ,ate stages the has subffiAted an appliefttien fef- 10 tentative ffiftp appy-e-val er affiettdffie to 11 the eeffiffittRity pmt e - has taken speei€ie aetien f elettive 12 to ehanging the appheahle genera} pmt e - �eeiog 13 _dinaf ees, tie de€ei to the eeerl � 14 rretieed otetion fer an girder rec iog the plainti€€ to 15 fttrftish a "'r-it as seetiffit}� for eests attd an-y 16 datftages that ffifty he ineur-fed by the defendant h-y the 17 eenelusien of the aetien er preeeeding. as the restdt of a 18 dew ift the eettstruetieft of the pr-ejeet. Pre tnetien shah 19 he trade en the gy-eunds that there is tie reasenahie 20 possibility that the platntif€ a went agatst • 21 the ffievittg defeat and that the pjaintif€ wj4 net 22 sufier- utt4te eeenet rie hardship by fihog the ' 23 24 if the eaurt, after hearing, deter ffii es that the grounds • 25 fer the tnetion hak-e been established-, the eettrt shah 26 order that the plaiftti f€ file the io an attetint 27 speeified io the eettr-t's —der as seetrrity for eests artd 28 damages of the ae endan Pie liability of the plaintiff 29 Pursuant to this seetien few the eests and damages of the 30 defendant shah fret emeeed fi-ve hundr -ed thettsand 31 debars ($5500,00A). 32 At aetiett art the undertakiffg previded by this seetion 33 shah be hrettght ifr the sarne manner as fer an 34 etade ptirstrant to Seetien 529-. 35 As used in this selection- a eanstruet - prey 36 htrt is net restrieted to, the str eti 37 design, r 38 39 ffiftintenattee-, te er deffialitien of , highwaY, fead, par-leiitg faeihty, hridge, • 40 pier er deed ex er ethef de - l 98 60 -5— S 1093 • 1 e - ethef ' to feat of may- The 2 Offiee of Wafiftifig twA Resear-eh 4iftR f eview 3 epefatiee e €n a tie r�er rrt 4 the by, jaftttaf:y 4; 1985. • 0 0 • • 0 98 60 CITY OF SARATOGA Initial: AGENDA BILL NO. Dept. Hd. DATE: 2/11/82 C. Atty. DEPARTMENT: City Manager C. Mgr. ----------------------------------------------------------------------'--------------- SUBJEC'I': RESOLUTION REVISING SALARY CHANGES, PERSONNEL POLICY AND FRINGE BENEFITS FOR THE MANAGEMENT EMPLOYEES OF THE CITY OF SARATOGA AND RESOLUTION-AUTHORIZING-APPROPRIATION- OF FUND RESERVES FOR THIS PURPOSE Issue Summary The annual review and adjustments of salaries and benefits for department head and "middle management" positions, as established by City policy, was delayed from August 1981 to January 1982. The City Council, under City policy and in accord with State law, has authorized changes and modifications in salaries and benefits. These adjustments now must be ratified by resolution of the City Council. Recommendation Adopt the resolution amending salaries and benefits for management positions and making appropriations therefor from the General Fund reserve set aside for this purpose. Fiscal Impacts The adjustments authorized require an appropriation of $19,797 for the current fiscal year from reserves set aside for this purpose. This appropriation represents an increase of 8.9% over the annual costs of salaries and benefits previously authorized for the positions affected. Exhibits /Attachments 1. Resolution to revise salaries and benefits 2. Resolution to appropriate monies from the Fund Reserve set aside for this purpose. Council Action 2117: Mallory /Watson moved adoption of Resolution 85 -9.55. Passed 3 -1 (Jensen opposed, Callon absent). Mallory /Watson moved adoption of Resolution 1058. Passed 3 -1 (Jensen opposed, Callon absent). "s l4 t gy�•4ayy`��!? -b hstic„'t'.pa,n'i? a:. s-a i...�„�'r rs.. x's RESOLUTION 85 -9. _ ._:-.._. _... _ .... A RESOLUTION AMLNDING RESOLUTION NUMBERS 35 -9.51, 35 -9.43, and 85 -9, AS AMENDED, REVISING SALARY CHANGES, PERSONNEL POLICY AND FRINGE BENEFITS FAR THE MANAGEMENT EMPLOYEES OF THE CITY OF SARATOGA The City Council of tine City of Saratoga does hereby resolve as follows: Section 1: Section 1 of Resolution 85 -9.51 is amended as follows: Compensation Schedule The compensation schedule Drovides for the rates of compensation to be paid the different management positions in the City of Saratoga: a. Department Fleads of ctive September 1, 1981, the following Department Head positions are assigned to the following monthly pay rates. Community Development Director $3,514 Maintenance Services Director 2,999 Finance Director 2,917 •... .. Planning Director 2,802 _ Administrative Services Director/ Deputy City Manager 2,775 b. Middle Management rt_ E ective September 1, 1981, the following middle management positions are assigned to the following monthly pay rates. Assistant Director Maintenance Services $2,959 " :Y„ - •. Senior Insnector 2,596 Associate Planner 2,517 Community Center Director/ Management Assistant 2,105 Section 2: Section 3 of Resolution No. 85 -9.51 is amended as follows: Section 1.8: Car Allowance fectivh January 1, 1982, a City contribution of $125 Der month for each Department Head and $75 per month for each middle manager is hereby authorized as a car allowance. This benefit is to take the place of mileage reimbursement. Section 3: Section 2 of Resolutuion Rio. 85 -9.43 is amended as follows: Section 1.8: Fringe Benefits A City contribution o 5 per month toward the monthly premium for a medical and hospital plan, life and accidental death and dismemberment insurance, and dependent coverage, dental program, and other City- sanctioned insurance Dlans available through payroll deduction for each management employee is auth- orized. If the total cost of the above - mentioned premiums is less than the $215 per month, the balance may be added to the individual's monthly salary. "s l4 t gy�•4ayy`��!? -b hstic„'t'.pa,n'i? a:. s-a i...�„�'r rs.. x's �.. =�. c vi r x Section 4: Terms This Resolution embodies all modifications to salaries and employee benefits and other terms and conditions of employment for the period of Januar7 1, 1982 - September 1,, 1982, unless further amended by Resolution of the City Council of Saratoga. Section 5: Applicability This sections amends Resolution No. 85 -9.51 and 85 -9 of the City of Saratoga. This resolution is an expression of existing policy of the City of Saratoga and is subject to modification and change by the City Council from time to time. Nothing., herein contained shall be construed as creating or establishing any of the provisions hereof as terms of any contract of employment extending beyond any period other than such period as during which this resolution is in full force and effect. That is to say, any employee of the City of Saratoga during the effective period of this resolution shall have such employment rights and duties as are set forth therein only during such period of time as this resolution remains in effect, and not afterward. t The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of AYES: NOES: ABSENT: ATTEST: CITY CLERK 1982, by the following vote. MAYOR I /" I* RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING APPROPRIATION OF FUND RESERVES FOR THE PURPOSE OF ADJUSTING MANAGEMENT SALARIES AND BENEFITS DUPING THE 1981 -82 FISCAL YEAR WHEREAS, City policies call for the annual review of management salaries and benefits; and WHEREAS, during January, 1982, the City Council has reviewed the City Manager's report and recommendations for adjustments to salaries and benefits; and WHEREAS, upon deliberation, the City Council has determined that certain adjustments in salaries and benefits are warranted, as specified by Resolution No. , NOW, THEREFORE, BE IT RESOLVED that the amount of $19,797.00 be and hereby is appropriated from the Reserves of the General Fund set aside for this purpose in the current budget, and the Finance Director is hereby authorized to distribute this appropriation to the various budget accounts as necessary. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1982, by the following vote: f AYES: NOES: ABSENT: ATTEST: City Clerk Mayor CITY OF SARATOGA /' AGENDA BILL NO. oZ DATE: February 11, 1982 DEpARTM=: City Manager Initial: Dept. Hd. C. C. Mgr. SUBJBCr. Ordinance Establishing a Service Charge for Response to False Police Alarms --------------------------------------------------------------------------------- - - - - -- Issue Stunnary Rising concern over the incidence of burglary and similar crimes in our society, combined with technological advances and growing affluence have resulted in a rapid increase in the number of home burglar and intrusion alarm systems. These systems are not foolproof and often result in producing a false alarm if not properly installed, maintained or operated. Police response to false alarms has become a serious problem and a growing cost for Saratoga. Some systems, by their nature, can result in nuisances for the public to bear or could result in jamming Sheriff's communication equipment under certain circum- stances. The proposed ordinance would regulate these systems to reduce or eliminate problems associated with these systems and establish a service charge for the partial recovery of the cost of responding to avoidable false alarms. Recommended Action Proceed to adopt the proposed draft ordinance attached. Consider the amount of service charge to be established and direct staff to prepare the necessary resolution. Fiscal Impacts The cost of responding to avoidable false alarms in the current fiscal year is estimated at over $49,000. The City of Saratoga will be charged this amount under our contract for Sheriff's services. The service charges as proposed would allow for the partial recovery of these costs. The amount of recovery depends upon the frequency of repeat offenders, the rate of service charge set, and the added cost of assessment and collection. More than 50% recovery is expected at the rate of $35 per second and each subsequent offense. Exhibits /Attachments 1. Report from City Manager, February 11, 1982 2. Proposed Ordinance. Council Action 2117: Jensen /Mallory moved to read by title only and introduce. Passed 4 -0. (Callon absent). Jensen /Mallory moved to amend by charging a fee for all alarms. Passed 3 -1 (Watson opposed, Callon absent.) 3/3: Clevenger /Mallory moved to read by title, waiving further reading. Passed 5 -0. Mallory /Clevenger moved to adopt Ord. 38.105. Passed 3 -2 (Callon, Watson opposed). : 1 E .Nil O R- 1i D t l ail. TO: City Council FROM: City Manager 097ff o:T O&UMEWOO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 SUBJECT: An Ordinance to Establish a Service Charge for Response to False Police Alarms DATE: February 11, 1982 The proposed ordinance is modeled after similar ordinances already adopted by Santa Clara County and neighboring cities. The ordinance regulates the operation of police alarm systems and establishes a service charge for a false alarm. As the ordinance is drafted, the service charge for false police alarms would be assessed upon the second occurrence of a false alarm within atone year period. The amount of the service charge is set by the Council under a separate resolution; the amount of $35.00 is recommended. An appeal pro- cedure is provided for those who are dissatisfied with the imposition of the service charge. In addition, the ordinance would require that: - owners of alarm systems notify the Sheriff's Office of the companies servicing the systems; - for outside audible alarm systems, visibly post information on who should be contacted for 24 hour service; and - to connect alarm systems with pre - recorded messages by automatic dialers to primary telephone trunks of the Sheriff's Office. There is definite need for regulation of alarm systems in the manner pro- posed, and the establishment of a service charge for false police alarms. Records show that the number of unsubstantiated police alarms in Saratoga increased by 8% from 1980 to 1981. A total of 1,593 such alarms were, received in 1981, requiring a total commitment of 521 hours of sheriff's response time. The rate of increase in 1982 has jumped to 18% over the first six months. Based on this experience, we project a total of•600 hours of response time will be expended this year, for which the City of Saratoga will be charged over $49,000. We believe the number of alarm systems being installed will continue to rise and, along with that growth, the frequency and cost of responding to false alarms will increase. Most false alarms are preventable with proper installation, operation and maintenance. The cost of responding to false 2 -11 -s2 Memo alarms, therefore, is avoidable and should not be borne by the general public. The need for regulating the operation of alarm systems in the manner proposed is also established. Alarms emitting audible tones, by their very nature, are disturbing to the public. False audible alarms can occur when the owners are not at home. Providing information to the public on who should be called to quiet the alarm in such instances is basic. Likewise, providing information to the Sheriff regarding service companies and prohibiting automatic dialers with pre - recorded messages is essential. Sonic booms, earthquakes and other occurrences on a wide scale can trigger numerous alarms which, if so equipped, would completely tie up needed communication capacity. Other methods for sounding alarms that avoid this problem are available and should be used. The service fee, as proposed, would not result in full cost recovery because first offenders would not be charged. The fee, however, would recover a substantial portion of the cost since most false alarms are repeat offenders. The imposition of a service charge may also tend to reduce the occurrence of false alarms and thereby reduce the cost of response. There will be an added expense to the City for mailing notices and assess- ments to false alarm offenders, however, this cost should be relatively minor in relation to the recovery of police costs through the service charges. WD /df . • • • ORDINANCE NO. 38. AN ORDINANCE OF THE CITY OF SARATOGA ADDING A NEW ARTICLE II TO CHAPTER 10 OF THE SARATOGA MUNICIPAL CODE, REGULATING THE INSTALLATION, OPERATION AND MISUSE OF POLICE ALARM SYSTEMS AND DEVICES, AND IMPOSING A SERVICE CHARGE FOR THE MISUSE THEREOF. THE CITY COUNCIL OF THE CITY OF SARATOGA does ordain as follows: Section 1: Article II is hereby added to Chapter 10 of the Saratoga City Code, to read as follows: I. ARTICLE TI'. REGULATION OF POLICE ALARM (BURGLAR ALARM)_ SYSTEMS AND DEVICES. Sec. 10.31. Purpose. The purpose of this article is to set forth regulations governing police alarm systems and devices used within the City of Saratoga, and to establish service charges to be-assessed in the event of repeated false alarms. i l Sec. 10.32. Definitions. For the purpose of this article, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended. A. False Alarm. False alarm means a police alarm system activated through inadvertence, negligence, or malfunction of any segment of the alarm system, to which personnel of the police service serving the.City of Saratoga must respond, in circumstances where no police emergency as herein defined exists. B. Notice. Notice means written notice, given by personal service to the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of said notice into the custody of the United States Postal Service. C. Premises. Premises shall be those buildings, struc- tures, vehicles or other facilities to be protected by a police alarm system, and shall not include smaller or discrete subdi- visions within such buildings, structures or facilities. D. Police Alarm System. Police alarm system means any mechanical or electrical device which is designated or used for the detection or warning of unauthorized entry into a building, structure, or facility, or for alerting others of the commission of an unlawful act within a building, structure, or facility, or both, and which emits a sound or transmits a signal or message when actuated. Alarm Systems include but are not limited to direct -dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designated or used to register alarms perceptible from outside of the protected building, structure, or facility are excluded from this definition, as are auxiliary devices installed to protect the telephone system from damage or disruption by the use of an alarm system. -1- • E. Police Emergency. Police emergency means the un- authorized violent breaking, and /or entering, damaging or burglary of a building, structure, vehicle, or other facility, or the commission of a violent act likely to produce immediate bodily harm, or an attempt or serious threat of any of the acts described herein. F. Owner. Owner means the person actually responsible for the operations and maintenance of the premises in which the police alarm system is installed or located. owner includes but is not limited to lessees, tenants, or other agents of the legal owner. of said premises, provided that such agents had actual control of and responsibility for the operations of the premises at the time of any false alarm. s Sec. 10 -.33. Reporting Service Information. Each person owning or operating an alarm system within the city limits of the City of Saratoga shall file an information card with the Office of the Sheriff, Santa Clara County, containing that person's name, address, and telephone number, as well as the name, address and telephone number of a person or persons who can render service to the alarm within one hour after being called at any hour of the day or night. Sec. 10.34. Outside Audible Alarm Requirements'. Every person maintaining an outside audible alarm shall post a notice • containing the names and telephone numbers of the persons to be notified in order to render repairs and service or secure the premises during any hour of the day or night in the event that the alarm is actuated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building where the alarm is located. The wording "police alarm - call Santa Clara County Sheriff's Department" shall be placed on the gong covers or immediately below such alarm device.. It shall be unlawful to install or use a police alarm system which upon activation emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes. All local exterior bell, gongs, or other noise making devices or pulsating lights shall have a timing device that will•silence or turn off such devices or lights within 5 minutes following initial activation. Sec. 10.35. Automatic Telephone Connections to Communi- cations Center Prohibited. It shall be unlawful for any person to use, cause to be used, or engage in the business of providing, any telephone device or attachment which automatically selects a public primary telephone trunk line of the Santa Clara County communications center, and then emits a prerecorded message, for the purpose of reporting any police emercency, fire, or other emergency. Sec. 10.36. Exemptions. The provisions of this article, with the exception of Section 10.35, shall not apply to alarm systems affixed to motor vehicles. Sec. 10.37. Investigation of False Alarms. One of the law enforcement officers responding to each emergency alarm as defined herein shall attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a "false alarm" within the meaning of Section 10.32 above. _ In the ev�??t���hat his investigation indicates to the investigating • officer su.— -he alarm was a false alarm, said officer shall forward a report of his investigation to the Code Enforce:i�ont Officer of the City of Saratoga or such other person as may be designated by the City Manager, stating his conclusions and factual basis for such conclusions. -2- Delete, per motion amend the ordinance introduction pass (2/.17/82). F t` r-2 QeTe €lied �n Sest�en lA 37 abene, th- coax - €ei�ee t0 premises- on- wtrieh— the - alarm - system- �ra�tea. -- on farm -bias made °- , and- -t-h-at ste s- shoula b rake^ b * _--•,a,,t passed 0 3-1 p i3e -owner -= k - _ - - fu- t-tj-re-- €a- Isle- a -}$rm± .tea ^^~'^° -16 ll sta,te that in the yei;t -ef a second false alarm aEEtirr r g-eR- the- pFerfrises -ir.- ame caleadaf Year aG - fi a-, a ° °r ' a charge Shall--- be a os ed Sec. 10.38. False Alarm Service Charae. There is hereby imposed a service charge upon every owner o€ every building, structure or other premises on or in which a police alarm system is located, who reports, causes to be, or permits to be reported, any.false alarm as defined in this chapter. Said service charge shall be in an amount fixed by resolution of the City Council, which is determined to reasonably reflect the costs to the City of responding to each such false alarm. Said charges shall bear interest at the legal rate from the date thirty (30) days following confirmation by the City Council. ( Sec. 10..39. Assessment of Service Charge. The Code Enforcement Officer shall enforce the provisions of this chapter. Upon receipt by said enforcement officer of a report of a false . alarm originating from premises to which was sent a notice as described in Section 10.38 above, he shall cause a notice of assessment of the above - described service charge to be sent to the owner, which notice shall describe the date and time of the alleged false alarm, and whether police personnel responded thereto. Said notice shall further require payment of said service charge within thirty (30) days following receipt, and shall indicate the existence and terms of the hearing pro- visions contained in this chapter. Sec. 10.40. Payment and Hearinq. On or before thirty (30) days following issuance of the notice and assessment described in Section 10.40, the recipient of such notice shall cause to be remitted to the Office of the City Clerk the full amount of such service charge. Any person dissatisfied with the assess- ment may attach to such payment a written request for a hearing regarding the investigation, determination, and assessment of said service charge. Sec. 10.4. Hearing. Procedure. Upon receipt of a request for a hearing, the City Clerk shall forward such request to the Office of the City Manager. The City Manager shall schedule such a hearing to be held on a date not more than fifteen (15) days from receipt of the request, and shall cause notice of the hearing date, place and time to be mailed to the person requesting said hearing. The City Council shall hold the hearing with respect thereto, and, upon consideration of such evidence as it deems relevant, shall set aside or confirm said assessment, in whole or in part. In the event that any portion of said assessment is set aside, a corresponding sum of money shall be refunded to the person by whom it was paid to the City. Sec. 10. 42 Collection of Charges. In the event of the failure of any.person to pay the charces assessed pursuant to the provisions of this ordinance, the City may institute an action in any court of competent jurisdiction to collect any -3- C • • charges which may be due and payable in the same manner as any other debts owing to the City may be collected, in addition to the remedies and penalties imposed by Sections 1.7 and 1.8 of this Code. Seca 10.43 Reimbursement for Wilful Conduct. In the event that any owner or other person shall be convicted of intentionally reporting a false emergency alarm, as prescribed by Penal Code §148.4, the enforcement officer designated by the City Manager is hereby authorized to forward to the office of the District Attorney, Probation Department, or court having jurisdiction, a record of any proceeding conducted pursuant to this article, including a statement of any delinquent service charges assessed, for the purpose of obtaining restitution of said amounts to City as an element of any criminal penalty thereby imposed. Section 2. Constitutionality. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby.declares that, it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 3. This ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and adoption. This ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted at a regular meeting of the City Council held on the day of 1980, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR r �=' ZSu�K." �,ao�.r,.r�.�c,.�,tl..r�r;�„:�. -gib •,, `'; Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE AMOUNT OF SERVICE CHARGE TO BE IMPOSED FOR RESPONSE TO FALSE POLICE ALARMS WHEREAS, the number of reported false police alarms has been rising and now represents a substantial financial burden upon the City, costing an estimated $49,000 in 1981 -82; and WHEREAS, the City Council desires to continue providing the service of immediate police response to police alarms but finds that in order to do so recovery of costs for false alarms must be initiated; and WHEREAS, the City Council also deems it an unfair burden upon the general public to pay for the cost of responding to avoidable false alarms; and WHEREAS, the City Council has introduced an ordinance to establish a service charge for the recovery of costs associated with the response to false police alarms, which ordinance provides that the amount of the service charge be set by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that the amount of the service, charge provided in Section of Ordinance No. shall be 3- per incident. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the day of 1982, by the following vote: AYES: ING3aC'� ATTEST: Deputy City Clerk Mayor CITY OF SARATOGA AGENDA BILL NO. 1-66 DATE: DEPARTMENT: Planning & Policy Analysis Initial: Dept. Hd. , C. At C. Mg . SUBJECT: Revision of Ordinance NS 3.44 Re: Open House (Real Estate) signs ----------- ����ni -_pi�i -------------------------- ---------------------- Issue Summary The City Council approved NS 3.44 re: offsite real estate advertising signs in November of 1980. The Ordinance became effective December 19, 1980.. The Ordinance is before the City Council because of the one -year sunset clause. There have been no complaints regarding the Ordinance. The Planning Commission will conduct a public hearing on Tuesday, November 17 regarding the Ordinance. Staff will make a verbal presentation regarding the Planning Commission's decision. Reconmendation 1. by title only. 2. Fiscal T .Lmj2acts None Exhibits /Attachments Council Action Conduct a public hearing and introduce the Ordinance Conduct a second reading at the December 2, 1981 meeting. - Proposed Ordinance - Ordinance NS 3A4 - Planning Commission Staff Report - Letter from Good Government Group' -Memo re: Finding /Discussion of Options - Negative Declaration updated, 11/1/81 - Letter from Miles Rankin 11/18: Introduced for first reading by title only. Sunset clause of two years added. 12/2: Mallory /Jensen moved to waive further reading. Passed 5 -0. Mallory /Clevenger moved to adopt. Passed 5 -0. ORDINANCE NS- AN ORDINANCE OF THE CITY OF SARATOGA ADENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY PROVIDING FOR OPEN HOUSE SIGNS IN RESIDENTIAL ZONING DISTRICTS L The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Subsection (d) of Section 10.2 is hereby amended to read as follows: (d) All signs, outdoor advertising structures, and displays shall be located on the same site as the use they identify or advertise, except subdivision directional signs as prescribed in Section 10.8, public interest signs as provided in Section 10.10, and open house signs as provided in Section 10.11. Section 2: Section 10.11 is hereby added to Ordinance NS -3 of the City of Saratoga, to read as follows: Section 10.11. Open House Signs in Residential Zoning Districts. Non - illuminated, off -site, protable signs directing prospective customers to the location of an open house which is for sale, are permitted in any residential zoning district, but limited to no more than two double -faced signs per intersection. No signs shall be located in bike lanes, sidewalks, median strips or streets, nor shall such signs be located within 70' -0" of the right -of -way line of a designated scenic highway. No sign shall have more than one (1) square foot of area, nor shall be elevated more than four (4) feet off of the ground, and each open house sign shall contain no individual or company advertising. Owner identity shall be affixed to .the edge of each sign and shall not exceed k" by 2 ". Signs shall be fixed to a single pole of wood or metal material. Whenever any such sign is to be placed on private property, permission must first be obtained from the owner of such property. Each sign shall be removed each day after closing of the open house for that day. Section 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 4: This Ordinance shall take effect thirty (30) days from and after the date of its passage and adoption, and shall remain in full force and effect for a period of two (2) years thereafter at which time it shall become null and void. The above and foregoing Ordinance, after a public hearing held thereon before the Planning Commission of the City of Saratoga on the 77thday of November, 1981 and was thereafter.regularly intro- duced and a public hearing held thereon on the 18th day of November, 1981 before the City Council and thereafter was passed and adopted by said City Council on the day of 19_, by the following vote: AYES: NOES: ABSENT: MAYOR ORDINANCE NS -3.44 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY PROVIDING FOR OPEN HOUSE SIGNS IN RESIDENTIAL ZONING DISTRICTS The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Subsection (d) of Section 10.2.is hereby amended to read as follows: (d) All signs, outdoor advertising structures, and displays shall be located on the same site as the use they identify or advertise, except subdivision directional signs as prescribed in Section 10.8, public interest signs as provided in Sectiqn 10.10, and open house signs as provided in Section 10.11. Section 2: Section 10.11 is hereby added to Ordinance NS -3 of the City of Saratoga, to read as follows: Section 10.11. Open House Signs in Residential Zoning Districts. Non - illuminated, off -site, protable signs directing prospective customers to the location of an open house which is for sale, are permitted in any residential zoning district, but limited to no more than two double - faced signs per intersection. No signs shall be located in bike lanes, sidewalks, median strips or streets, nor shall such signs be located within 70' -0" of the right -of -way line of a designated scenic highway. No sign shall have more than one (1) square foot of area, nor shall be elevated more than four (4) feet off of the ground, and each open house sign shall contain no individual or company advertising. Owner identity shall be affixed to .the edge of each sign and shall not exceed k" by 2 ". Signs shall be fixed to a single pole of wood or metal material. Whenever any such sign is to be placed on private property, permission must first be obtained from ,the owner of such property. Each sign shall be removed each day after closing of the open house for that day. Section 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 4: This Ordinance shall take effect thirty (30) days from and after the date of its passage and adoption, and shall .,40 12 remain in full force and effect for a period of one (1) year thereafter at which time it shall become null and void. The above and foregoing Ordinance, after.a public hearing held thereon before the Planning Commission of the City of Saratoga on the 25th day of June, 1980, and was thereafter regularly intro- duced and a public hearing held thereon on the 20th day of August, 1980 before. the City Council and thereafter was passed and adopted by said City Council on the 19th day of November 19 80, by the following vote: AYES: councilmembers Mallory and Watson and Mayor Callon NOES: Councilmembers Clevenger and Jensen ABSENT: None -2- RESOLUTION NO. GF- 326 -1 -A A RESOLUTION RECOMMENDING THE PROPOSED MODIFICATION NS 3.44 REGARDING REAL ESTATE SIGNS FOR RESIDENTIAL DISTRICTS -. WHEREAS, an application for amendment to the Zoning Ordinance was initiated by Staff in conjunction with the Saratoga Los Gatos Board of Realtors in mid 1980 and eventually approved by the City Council in November of 1980 and became effective in December of same year, and WHEREAS, the Ordinance contained a clause that the Ordinance would become null and void after one year in order to allow the the Commission and City Council to determine the merits of the existing Ordinance, and WHEREAS, after a one year period of time, staff has received no complaints in regard to the existing Ordinance, and WHEREAS, the Planning Commission held a public hearing on said proposed amendment, which public hearing was held at the following time and place to wit: at the hour of 7:30 p.m. on �.•• the 17th day of November, 1981, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California, and -. WHEREAS, after careful consideration the proposed amend- ment as it would affect the Zoning Regulations in the General Plan of the City of Saratoga, and after consideration of the staff report and the attached Declaration update, the Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked NS 3. shall be formally recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by The Planning Commission of the City of Saratoga as follows: 1. That the proposed amendment attached hereto be and the "..t same as hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of the City. 2.. That the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same as hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this resolution of recommendation with attached proposed amendment and Report of Findings and summary of hearings held by this Commission to the City Council for further action in accordance with State law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this day of 1981 by the following vote: v AYES: NOES: ABSENT: EXHIBIT B Findings: 1. The proposed Ordinance will not be detrimental to the health, safety and welfare of the citizens. 2. The amendment would not be injurious to property and improvements. -MEW oa §&M&UQ)0& @� 113,73 S1 o REPORT TO PLANNING COMMISSION DATE: 11/12/81 Commission Meeting: 11/17/81 SUBJECT Revision of Ordinance NS 3.44 Re: Open House (Real Estate) signs in Residential District ---------------------------------------------------------------------- - - - - -- Attached for the Planning Commission's information is a copy of the Ordinance which was approved by the .City Council in November of last year which allowed off -site real estate signs in residential districts. This item is before the Planning Commission again because the Ordinance as adopted by the Council had a one -year clause contained within it. The City Council wanted to make a deter- mination after one year if there had been any complaints before they made the Ordinance permanent. Staff has received no complaints whatsoever and as a matter of fact there is a letter from the Good Government Group (.attached) which indicates their support of making the Ordinance permanent. The only item that is required to change the Ordinance is the elimination of the sentence which indicates that the Ordinance will become null and void after one year. Staff is recommending that the Planning Commission approve Resolution No. GF326 -1A which is a Resolution recommending modification to the City Council. RSR /mgr Attachments the RE GOOD GOVERNMENT GROUT' of Saratoga, California, Inc. P. O. Box 371 Saratoga, California 95070 October 30, 1981 Mayor and City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Mayor and City Council: we, 11 -le Or, T 3 01981 On November 5, 1980 the Saratoga City Council enacted Ord. NS3.44, an amendment to the Zoning Ordinance (Signs) which provided for a specific style of Real Estate Open House signs, and which set the rules for the use of those signs. That amendment also called for review of the ordinance after one year. The Board of Directors of the toga feels that the situation was before the passage of this extension for another year. Good Government Group of Sara - is an improvement over what it ordinance and recommends its Since part of the lobbying effort of the Los Gatos - Saratoga Board of Realtors in support of this ordinance was an assur- ance that realtors would police themselves and each other, and in the absence of the,s,ervices of a code enforcement officer on weekends, we suggest that the Board be reminded of that obligation. Sincerely, Eunice D. Stark President cc: Los Gatos - Saratoga Board of Realtors Saratogans in action since 1957. of 999(B il`illijw INWHI ��.WS "M111 U T REPORT TO MAYOR AND CITY COUNCIL DATE: 11/12/81 COUNCIL MEETING: 11/18/81 SUBJECT Statement of Findings & Options Re: Revision of NS 3.44 Options 1. Adopt the proposed modification which will make the Off -site Real Estate Sign Ordinance permanent. 2. Do not adopt the Ordinance, which will mean there will be no off -site real estate siq_ns allowed in residential disoricts. Discussion of Options 1. The Los Gatos /Saratoga Board of Realtors have been enforcing the current Ordinance and to date, staff has received no complaints. 2. The old Ordinance stated that "All signs, outdoor advertising structures and displays shall be located on the same site as the use they identify or advertise..." There was very little enforcement of this code section from either the City or real estate profession. Should the Council select Option #2, it is possible that the current one (1') square foot by four (:41) square feet signs being utilized may be used, but the old "A frame signs could also reappear. Findings 1. The,\.proposed Ordinance will not be detrimental to the health, safety and welfare of the citizens. 2. The amendment would not be injurious to property and improvements. Submitted by: EaN Rw-. J. Wayne Dernetz obinson, Jr. EIS -4 bile No GU -326 Saratoga. DECLARATION THAT ENVIRONIMENTM, IMPACT REPORT NOT R1,QU IRED (Negative*Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the California Administrative Code, and Resolution 653 - of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION e Amendment to Zoning Ordinance (Signs) to allow one (1) free standing sign in residential district for purposes of open house sales. 1.1/1/81 - The.proposed.modifi'cation will.only eliminate the one year sunset clause. ' NAME AND ADDRESS OF APPLICANT City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95.07.0 'IASON FOR NEGATIVE DECL[,RATION The project as proposed will not have a significant impact on the environment. The ordinance as proposed will eliminate the typical "A" frame signs used for open house sales. The proposed amendment is more in keeping with the general character and purposes of the City of Saratoga. 11/1/81 - The above project has been reviewed and staff.finds that " a Negative Declaration is still appropriate. Executed at Saratoga, California this day of 19 R. S. ROBINSON, JR. DIRECTOR OF PLANNING AND ENVIRON- MENTAL CONTROL OF THE CITY OF SAI:ATOGA ` DIIZECTOR'S AUT110RIZED STAFF MEMBER 1 ) ;�- / _­ pa-<_� November 25, 1981 City Council City of Saratoga Fruitvale Ave. Saratoga, Ca. Re: Open House Signs Ladies and Gentlemen: I would like to state, once again, my opposition to allowing off site real estate open house signs. My reasoning is as follows: while the situation is greatly improved over the old system of "A frames ", the situation could be even better for the great majority of Saratoga residents - -and that is no off site signs at all! On a scale of ten (the desired goal) the present system, if strictly enforced by the real estate people, would rate an eight - but why not a ten? The real estate offices would then be forced to resort to news- paper advertising to direct people to open houses and the city should then be free of all off site signs - a truly worthy goal. The big- gest offenders under the old system were the very same real estate people who knowingly broke the Saratoga ordinance about signs because it didn't suit their purposes. Many other quality cities do not allow off site signs, and as a result are that much better for it. Would the local brokers be hurt? Not in the long run, because people would not be able to just drive around looking for signs - and as a result they would have to go to a local real estate office to see Saratoga houses - hence local offices would benefit. The whole question is what kind of environment do you want for Saratoga? In my opinion, the whole city suffers because these signs are allowed. Why not try for perfection? Sincerely, lye ` Miles Rankin,Realtor Serving Saratoga since 1960