December 21, 2004
SUBJECT: Amending Chapter 9.90 of the Sunnyvale Municipal Code Pertaining to False Police and Fire Alarms
REPORT IN BRIEF
The purpose of this report is to modify the language in the False Alarms Section of the City’s Municipal Code to clarify when fees may be collected for the different types of false alarms.
The Public Safety Department has charged fees for police false alarms for over five years to recover costs incurred for response to these alarms. Beginning in FY03/04 Council approved a false alarm fee for “fire” false alarms. When Council approved this new fee in June 2003 the ordinance was modified to provide for the collection of the fee. The language in the ordinance adopted at that time was not sufficiently clear in stating staff and Council’s intent on when to assess cost recovery fees. Fees are only assessed for three (3) or more false police alarms in any 365 day period, and for three (3) or more false fire alarms in any 365 day period. Police alarms and fire alarms are counted separately for fee assessment purposes. They are not combined together.
Staff recommends Council approve this proposal to modify Chapter 9.90 of the Sunnyvale Municipal Code relating to false alarms.
BACKGROUND
The city’s false alarm ordinance was modified in June 2003. The language adopted in the ordinance at that time was not clear that cost recovery fees would be assessed separately for the third and subsequent false police alarm, and the third and subsequent false fire alarm. This report and ordinance modification clarifies that false fire alarms are counted separately from false police alarms.
EXISTING POLICY
This action is consistent with the City of Sunnyvale’s Fiscal Sub-element Action Statement 7.1A.1i: “Establish user charges and fees at a level closely related to the cost of providing those services.”
DISCUSSION
In June 2003 Council implemented a flat fee structure (currently $150 in the FY04/05 Fee Schedule) on the third instance of a false fire alarm within a 365 day period, and on the third instance of a false fire alarm within a 365 day period. The language in the ordinance was not sufficiently clear in stating the intent of staff and Council to count false police alarms separate from false fire alarms for fee assessment purposes. The revised ordinance before Council today only modifies the wording in the ordinance to clarify that false alarms will be counted separately for the purpose of assessing fees, which is the current practice of the Public Safety Department. The revised ordinance does not make any other changes.
In summary, fees are only assessed for three (3) or more false police alarms in any 365 day period, or for three (3) or more false fire alarms in any 365 day period. Police alarms and fire alarms are, and will be, counted separately. In other words, a business/residence is allowed two (2) “free” police alarms and two (2) “free” fire alarms in a 365 day period.
FISCAL IMPACT
No impact resulting from this ordinance wording change.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s Office.
ALTERNATIVES
1. Approve the proposed changes to Chapter 9.90 of the Sunnyvale Municipal Code relating to False Alarms.
2. Do not approve the proposed change to Chapter 9.90 of the Sunnyvale Municipal Code relating to False Alarms.
RECOMMENDATION
Staff recommends Alternative #1.
Reviewed by:
Patrick Dwyer, Interim Director of Public Safety
Prepared by: Byron Pipkin, Captain
Reviewed by:
Mary Bradley, Director of Finance
Approved by:
Amy Chan, City Manager
Attachment
A. An Ordinance of the City Council of the City of Sunnyvale Amending Section 9.90 of the Sunnyvale Municipal Code Regarding False Alarm Fees (pdf format)