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HomeMy WebLinkAboutRequest for additional funding for Alarm Officer Assistant - o Council/Agency Meeting Held: Deferred/Continued to: 5 ❑Approved ❑ Conditionally Apprwed ❑ Denied aity Clerk's Signature Council Meeting Date: August 21, 1995 Department ID Number: PD 95-013 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator ( PREPARED BY: RONALD E. LOWENBERG, Chief of Police SUBJECT: BURGLAR ALARM PERMIT PROCESSING Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s) 1 Statement of Issue: On December 5, 1994, Ordinance 3273 became effective. This ordinance now requires annual renewal of residential alarm permits in addition to commercial alarm permits. The procession of paperwork for private and business alarm systems will significantly increase the workload on our Alarm Officer and his assistant. The alarm office assistant is currently a 20 hour per week part-time position. The annual expenditure for this position is $15,160. The increased workload will yield considerable revenue. The residential alarm permit renewals alone will provide an additional $157,000 per annum. Commercial alarm permits and false alarm fines will add an additional $72,000 in revenue per annum. Due to this increased workload the part-time position must be expanded to a full-time position. Funding Source: Funding for this position will be derived from the General Fund. The anticipated increase in the General Fund revenue is in excess of $229,000 per year and will more than offset the cost of this position. Recommended Action: Approve the position of Police Specialist (Job Code 6656/Job Range 362) as assistant for the alarm office. Alternative Action(s): Do not approve the request, and handle processing and billing as time and workload permit with present staffing. 2 Due to limited resources, the police department cannot continue to absorb these ever-increasing alarm calls. Certainly, the city's tax-payers cannot continue to subsidize the alarm industry when 98 percent of all alarm activations are false. In most cases, the alarm user contracts with an alarm company to install a business or residential alarm. Once installed, the alarm user pays a monthly recurrent fee to the alarm company or a monitoring company. Generally when the alarm activates, the monitoring company calls the alarm location to verify the alarm activation. If a person answers the telephone, they are asked to provide their user's account number. If the proper account number is given, the call is canceled. If the proper account number is not known or there is no answer, the police will be dispatched. Activations that result in police response are, in large.part, due to user error. Realizing the need to minimize these errors, the Huntington Beach Police Department created a municipal ordinance designed to regulate the use of alarm systems. To enforce this ordinance, the Police Department established the Alarm Office which is charged with the responsibility of educating and penalizing those alarm users that violate the city ordinance. In calendar year 1993, the alarm office processed 6,304 false alarms, generating fines in excess of$200,000. It is important to note that of the 7,931 alarm systems in the City of Huntington Beach: 0 5,063 alarm systems registered NO false activations; • 1,597 alarm systems registered ONE false activation; • 629 alarm systems registered TWO false activations; Only 642 alarm systems registered THREE or MORE false activations. Clearly,these figures show that only 36 percent of all alarm users are responsible for 87 percent of all false alarm activations, strongly indicating that the habitual violator is a major part of the problem.3 In order to impact these habitual violators, the police department recommends that the municipal ordinance be amended in the following manner: • For the initial false alarm, or first false alarm, in a twelve month period, the system user will receive an"Alarm Card," (exhibit attached,to be revised subject to requested ordinance change); • The second false alarm in any twelve month period would receive an additional alarm card; • For the third false alarm in any 12 month period, the system user would incur a $50.00 fine; • For the fourth false alarm in any 12 month period,the alarm system user would incur a $100.00 fine; • For the, fifth- $150; • For the sixth- $300; 3 Any discrepancy in the totals is a result of recisions and the department policy of only counting one alarm for multiple activations in a seventy-two hour period. d 3 S For the seventh- $400; • For the eighth false alarm in a 12 month period, the alarm system user would incur a $500 fine and be subject to a non-response disposition from the police department. ° • Require alarm and/or monitoring companies to verify.ate alarm activations prior to dispatching the police. Verification can be accomplished by secondary activation devices, television cameras, or simply having a person at the location check the system. • Amend the ordinance to count only one false alarm in a 24-hour period when multiple activations are received, rather than the existing one count in a 72-hour period as the ordinance now reads. • Amend the ordinance to require permits to be renewed annually. We have found that our emergency information is more accurate and current than most alarm companies. By renewing permits annually we will be receiving this information annually and be able to update our files more often. It also aids in finding those alarms that are no longer in service and/or the protected property has changed owners, alarm companies or phone numbers. • Amend the ordinance to prohibit automatic dialing devices. No alarms are allowed to terminate in the police department and especially those that initiate a recorded message indicating an alarm condition. Those devices that dial the police department and attempt to transmit a recorded message can misdial, reach a busy signal, and in the worst condition, trip and restore and virtually tie-up an incoming emergency phone line. These systems are on older and outdated systems. FUNDING SOURCE N/A ALTERNATIVE ACTION Do not approve the resolution. REL:JBP:bmr Attachments: (1) False Alarm Chart (2) Proposed New Resolution (3) Alarm Card System (to be amended to reflect new fee structure). 4Based on past statistics it is evident that less than ten percent of alarm users incur fines. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Michael T Uberuaga City Administrator FROM: Robert J. Franz, Deputy City Administrator SUBJECT: Requested Funding for Full Time Alarm Office Assistant Position F.I.S. 95-53 DATE: August 11, 1995 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of$28,104 for purposes of converting the current Temporary part-time Alarm Office Assistant Position to full-time status. Upon approval of the City Council, the balance of the unreserved, undesignated General Fund including the Economic Contingency Fund would be reduced to 4,054,000. The above balance will be further reduced by the amount of the Settlement Claims, Repayment Claims and contingent legal costs related to the Orange County Bankruptcy. These amounts may exc 6d $1,0 ;0.000. ROBERT J. FRANZ Deputy City Admihnistrator REQUEST FOR COUNCIL ACTION MEETING DATE: August 21, 1995 DEPARTMENT ID NUMBER: PD 95-013 Analysis: The recent revisions to Alarm Ordinance 3273 include annual renewal of residential alarm permits which in the past was a one-time fee. The fine structure now imposes a fine for the third false alarm with subsequent offenses incurring increased fines. These changes will significantly increase the workload of the alarm office. When the initial ordinance was created in 1984, the number of alarm systems in our city was approximately 1,600. In 1994 we had over 9,000 alarm systems. Five thousand of these were residential, and that number continues to increase. This will mean a minimum of 5,000 additional alarm permits to be renewed annually, which will require the printing, processing, and mailing of permit applications. Once the renewals are received the updated emergency information will be entered into the alarm computer. The alarm office has recently assumed the responsibility of invoicing for the newly created radio repair facility and billing Disturbing the Peace violations. . With these added responsibilities, it is imperative that a full-time position for the alarm office be approved. Environmental Status: None Attachment(s): Page City Clerk's - ................................................... ... ................................................... 1. Projected Annual Income Chart 2. Alarm Ordinance 3273 3. Survey Results 4. Page 2 and 3 of RCA dated 11/21/94 ALARM2.DOC -2- 08/02/95 11:06 AM PROJECTED ANNUAL INCOME WITH RCA APPROVAL EXISTING PROJECTED INCREASE Residential Renewals -0- $157,080 $157,080 Commercial Renewals $52,740 $60,350 $7,610 Fines $166,178 $231,000 $64,822 Totals $218,918 $448,430 $229,512 Less additional salary & benefits $15,160 $43,264 $28,104 PROJECTED INCREASE (Less full-time salary & benefits) $201,408 ORDINANCE NO. 3273 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.56 OF THE MUNICIPAL CODE PERTAINING TO BURGLAR ALARMS NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain: SECTION 1: That Section 5.56.040 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.040 Permit required. (a) Alarm system. No person shall install or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. (b) It will be the responsibility of the alarm company, and/or the user of an alarm system, to ensure that an original permit has been obtained prior to activation of the system. Failure to do so may constitute grounds to revoke the alarm company's right to install, service and/or monitor alarm systems in Huntington Beach. In the event an alarm permit is not obtained, and after an alarm system user has been notified by mail or by personal service to obtain an alarm system permit, they will be given thirty (30) days to comply or the alarm system will be placed on nonresponse. (c) Audible alarm requirements. Every person, corporation, or business maintaining an audible alarm shall post a notice containing the name(s) and telephone number(s) of the person(s) to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm system is activated. Such notice shall be posted near the alarm in such a position as to be legible from ground level adjacent to the building where the alarm system is located. (d) Alarm companies and/or their monitoring services shall first attempt to verify all alarm activations prior to requesting the police be dispatched. Verification can be accomplished by secondary activation devices, television cameras, telephonic inquiry, or by having a person at the location of the alarm check the system. SECTION 2: That Section 5.56.060 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.060 Permit procedures--Fee. Applications for permits, required hereunder, shall be filed, together with payment of a fee established by resolution of the City Council, with the Chief of Police on forms furnished by him containing necessary information to evaluate and act upon the application including, but not limited to, the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. All permits shall be renewed annually. It shall be the responsibility of the permittee 1 3/k/ordina/556/11/2/94 to apply for renewal of the permit at least ten (10) days prior to the expiration of any existing permit. SECTION 3: That Section 5.56.100 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.100 False alarm--Prevention payment. (a) When the emergency alarms, messages, signals or notices received by the Police Department which show a failure to comply with the requirements of this chapter, the Chief of Police may demand that the owner or lessee disconnect the alarm system until it is made to comply with such requirements. (b) The owner or lessee of any alarm system which has caused any signal, message, or alarm to be transmitted to the Police Department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is proved to be a false alarm, shall pay a false alarm prevention fee, established by resolution of the City Council, as follows: (1) For false alarms in excess of two (2) received in a twelve (12) month period the owner or lessee shall be assessed a fee for each such alarm, and the fee shall be increased for each subsequent false alarm received in a twelve (12) month period. The permittee shall only be charged with one (1) false alarm in any twenty-four (24) hour period. This allows the permittees adequate time to notify their alarm servicing company and have any repairs, replacement, or adjustments implemented prior to heing charged another false alarm. (2) Any false alarm indicating robbery is occurring (a violation of California Penal Code Section 211); however, "residential," "panic" or "hold up" false alarms, classified as 927A, Unknown Trouble Residential Alarm, will be considered as regular false alarms (459's) for fine calculations. (3) For false alarms in excess of seven (7) received in a twelve (12) month period by the Police Department, the property owner or lessee, and the systems alarm servicing company shall be notified in writing that the system is to be placed on a nonresponse status and the permit shall be revoked if the problem is not resolved within fifteen (15) days. (c) Exception. If the user shows that the false alarms were the result of conditions beyond his control and not the result of negligence on his part or that of his employees and he demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect, such alarm shall not be deemed a "false alarm" within the meaning of this chapter. (Thereupon, a fifteen (15) day adjustment period to 2 3/k/ordina/556/11/2/94 correct mechanical problems may be allowed for any new, improved or replaced alarm system.) SECTION 4: That Section 5.56.170 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.170 Application of chapter. Any person who, on the effective date of this chapter, possesses, has installed, or uses an alarm system which requires a permit under the provisions hereof, shall apply for a permit, as provided herein, within ninety (90) days after the effective date of this chapter. SECTION 5: That Section 5.56.190 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby repealed in its entirety. SECTION 6: That Section 5.56.200 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.200 Penalties for violation. Any person who violates or wilfully fails to comply with any section in this chapter is guilty of an INFRACTION except where expressly provided, and upon conviction thereof shall be punished by a fine not to exceed $500, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. SECTION 7: That Chapter 5.56 of the Huntington Beach Municipal Code is hereby expanded by adding Sections 5.56.210, 5.56.220, 5.56.230 and 5.56.240; said sections to read as follows: 5.56.210 Automatic Dialing Devices. It shall be unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city, and it shall be unlawful for an alarm user to fail to disconnect or re- program such device within twelve (12) hours of receipt of notice from the Police Department that an automatic dialer is so programmed. 5.56.220 Enforcement provision. The Police Department is directed to administer and enforce the provisions of this chapter. 5.56.230 Constitutionality. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional. 5.56.240 Adoption/Repeal. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecution for violation of ordinances which violations were committed prior to the effective date hereof, 3 3/Wordina/556/1 t/2/94 nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations,thereunder appertaining shall continue in full force and effect. SECTION 8. All other sections Chapter 5.56 shall remain as originally enacted. SECTION 9. This ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 19th day of December , 1994. ATTES r C May r City Clerk APPROVED AS TO FORM: RE E D V A Z /-1, ��City Attorney Y ity Administrat INITI AND APPR (fhief of Police 4 3/k/ordina/556/11/2/94 Ord. No. 3273 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at an regular meeting thereof held on the 5th dayof December, 1994, and was again read to said City Council at a regular meeting thereof held on the 19th of December, 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Silva, Bauer, Robitaille,Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None Gonrre Brockway �;� ERK of the C'tY of beach and ax c.:,c�Clerk of the city 49 f' City Clerk and ex-officio M k NLntirglon �..ina_t a sPopss of 1 o �, Lou,ncil,do he'(- y`r" .,�;,f in the Catiiy pilot an/ of the City Council of the City ordinance t;a; t9 iy of Huntington Beach, California r f ^id City. in accordar .., ,shy,�;;• .:,ane o . Conri�-B�._..., City Clerk Gty C"ik Attachment (1) ri4 #FALSE ALARMS COMMERCIAL RESIDENTIAL EXEMPT UNCLASSIFIED' TOTAL 0 864 3498 25 676 5063 1 420 730 11 436 1597 2 243 272 4 110 629 3 143 123 6 46 318 4 77 45 3 15 140 5 45 22 0 7 74 6 23 4 2 4 33 7 16 2 2 4 24 8 11 0 0 1 12 9 9 2 2 0 13 10 10 0 0 0 10 10+ 17 0 1 0 18 TOTAL 1878 4698 56 1299 7391 4 Schools,Post Offices,Libraries,Government entities. s Alarm systems that have not been classified"Commercial,""Residential,"or"Exempt." i