HomeMy WebLinkAboutMINUTES - 01062004 - C46 TO: BOARD OF SUPERVISORS •! CONTRA
FROM: Dennis Barry,Director �, COSTA
Community Development Departmenty COUNTYr �
.f
DATE: January 6,2004
SUBJECT: SB 952 (Perata) -Oppose
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
OPPOSE SB 952 (Perata)which would allow charity fundraisers as permitted uses within residential zones.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
Contra Costa County's zoning ordinance currently allows eleemosynary uses, such as charity fundraisers, in
residential zones with land use permits. The land use permit requirement allows the County to address issues
regarding the frequency, scope and scale of fundraisers, including neighborhood noise and parking impacts.
SB 952 (Perata)would pre-empt the County's ability to require land use permits for charity fundraisers. The bill
is designed to address the concern of one of Senator Perata's constituents who holdsfundraising concerts in his
private amphitheater at his home in Kensington. This individual has refused to obtain a land use permit prior to
the concerts,as required by the County.
The primary issue regarding the Kensington fundraiser concerts has been their frequency and consequent noise
and traffic congestion. Neighbors have been very vocal about the negative impact of the concerts on their
community. In response,the County has reviewed various alternative mechanisms that would help control such
fundraisers, short of a land use permit;however,each alternative presents its own challenge.
Local government's right to control land use is fundamental in California. Neighboring families look to local
government for protection and it is the County that is called, not the State, when there are noise or traffic
problems. This situation is being driven by a single individual and should be resolved at the local level, not the
State.
CONTINUED ON ATTACHMENT: YES SIGNATURE. t g
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON .Tarnaazy , APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ASSENT Ncsri2 I TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,335-1094
ATTESTEDJamiary 6, 2004
cc: CAO JOHN SWEETEN,CLERK OF
Community Development THE BOARD OF SUPERVISORS
District I
,.-AND COUNTY ADMINISTRATOR
State Lobbyist
AMENDED IN SENATE APRIL 21, 2003
SENATE BILL No. 952
Introduced by Senator Perata
February 21, 2003
An act to add Section 651352.12 to the
Government Cade, relating to state plamin local agencies.
LEGISLATIVE COU'NSEL'S DIGEST
SB 952,as amended,Perata. Goals andpohey
Repo Zoning: tax exempt organizations.
The Planning and.Zoning.Law authorizes the legislative body of a
city or county to adopt zoning ordinances or regulations that regulate
the use of land as between, among other things, business, residences,
open space, recreation, and other purposes.
This bill would prohibit a local agency from enacting or enforcing
any ordinance, regulation, or resolution that would prohibit the conduct
of, or require a use permit for, events held on property zoned for
residential use by specified tax exempt organizations that charge
admission or ask a donation.
for
t
, tl
98
SB 952 --2—
A
Vete: majority. Appropriation. no. Fiscal committee: Y;es no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1
2 SECTION 1. Section 65852.12 is added to the Government
3 Code, to read:
4 658.52.12. No local agency may enact or enforce any
5 ordinance, regulation, or resolution that would prohibit the
6 conduct of, or require a use permit for, an event for which
7 admission is charged or donations accepted to raise funds for a
8 private, nonprofit organization that is exempt from taxation
9 pursuant to Section 501(c)(3) or Section 501(c)(4) of the United
10 States Internal Revenue Code, on property that is zoned for
11 residential use.
12 amended to rea+
13
14 shaH be revised, A and tfemsmitted by the Goyermw-te-+he
1 ,
16 ,
17 . , Nky
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19
20 A 2005,aftd eaeft year.thereaftw-,+he
21
22
23
24
25
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SENATE LOCAL GOVERNMENT COMMITTEE
Senator Tom Torlakson, Chair
BILL NO: SB 952 HEARING: 1/7/04
AUTHOR: Perata FISCAL: No
VERSION: 1/5/04 CONSULTANT: Detwiler
LOCAL ZONING AND FUNDRAISING
Backqround and--Existing Law
The police power is the inherent authority of governments
to regulate private behavior to protect the public safety,
health, and welfare. The California Constitution allows
counties and cities to adopt and enforce local ordinances,
provided that they don't conflict with general state laws.
When counties and cities adopt local zoning ordinances,
they are using their police powers. The Planning and
Zoning Law spells out the procedures that county
supervisors and city councils must follow when they adopt
zoning ordinances.
A typical zoning ordinance divides a community into zoning
districts. Within each zone, the ordinance allows some
land uses by right, other land uses if the property owners
obtain use permits, and prohibits still other land uses.
For example, within a typical "R-1" zone, the zoning
ordinance allows a single family house by right, allows a
duplex if the property owner gets a special use permit, but
bans a retail store.
When legislators see that local officials improperly apply
their police powers, they supercede local zoning authority
for particular land uses. For more than 30 years, state
law has required local officials to permit care facilities
with less than six residents in residential zones: homes
for mentally disordered or handicapped persons (1970) ,
community care facilities (1978), intermediate care
facilities for developmentally disabled people (1980) ,
family day care homes (1983) , and residential care
facilities for the elderly (1990) . Similarly, the
Legislature has superceded local zoning to permit certain
kinds of land uses on residential property: manufactured
housing (1980) , small wind turbines (2001) , second units
(AB 1866, Wright, 2002) , and ham radio antennas (AB 1228,
Dutton, 2003) . Conversely, a bill that would have required
local officials to permit religious activities in
SB 952 -- 1/5/04 -- Page 2
h4:/Iviww.leginfo.ca.gov/pub/bill/sen/sb-0951-1000/sb-952—cfa-20031222-112706—sen—... 12/29/03
residential zones failed (SB 142, Haynes, 2001) .
Contra Costa County's zoning ordinance allows "eleemosynary
uses" (such as charity fundraisers) in residential zones
with land use permits. When a homeowner in the
unincorporated Kensington area planned fundraisers for
nonprofit groups, neighbors complained about noise and
parking problems. The homeowner refuses to apply for a use
permit, contending that the County selectively enforces its
zoning ordinance.
Proposed Law
Senate Bill 952 declares that the use of residentially
zoned property for fundraising purposes for private,
nonprofit, tax-exempt organizations is a normal, accessory
use and must be allowed as a matter of right.
SB 952 declares that fundraising is considered a permitted
use in a residential district but remains subject to the
same nuisance, noise, and other public safety regulations
that apply to other property owners in a residential zone.
Comments
1. Private_philanthrop public rtqulation . Just as the
Legislature has protected other beneficial land uses on
residential property from excessive local regulation, SB
952 protects private, voluntary fundraising. When private
donors voluntarily help nonprofit groups, the whole
community benefits. Raising private donations for
nonprofit groups reduces the demand for tax-supported
programs and public grants. These voluntary activities are
different than the commercial enterprises that local
officials regulate with permits and detailed requirements.
SB 952 lifts the local regulatory burden from private
philanthropy by allowing fundraising "by right" and
preventing local officials from requiring use permits.
2. Local control and state preemption . The California
Constitution and state statutes delegate police power
control over land use to locally elected officials. The
Legislature has taken back these controls only in unusual
instances involving important statewide objectives; notably
caring for politically unpopular and vulnerable people.
SB 952 -- 1/5/04 -- Page 3
Private fundraising just doesn't rise to the same level of
statewide concern. When a homeowner hosts multiple
fundraisers, it's the functional equivalent of running a
business in a residential neighborhood. To balance the
http://www.leizinfo.ca.gov/p-ub/bill/sen/sb-0951-1000/sb-952—cfa-20031222-112706—sen—... 12/29/03
neighbors' competing interests, local officials need the
regulatory flexibility that comes from use permits. The
Committee may wish to consider if SB 952 is an unwarranted
intrusion into local officials' practice of requiring use
permits.
3. Can't we all just get along_ ? Even though SB 952
applies statewide, the Kensington controversy appears to be
the only place where a homeowner disagrees with local
requirements to get use permits for fundraisers. in April
2003, Senator Perata asked the Committee to postpone action
on his bill while Contra Costa County officials looked into
the Kensington controversy. Why can't Contra Costa County
officials work out an arrangement among Kensington's
neighbors?
4. Not charter cities Charter cities have the
constitutional authority to regulate their own municipal
affairs, free of legislative interference. Their local
regulations must give way when legislators act on issues of
statewide concern. Because SB 952 does not assert that
private fundraising is an issue of statewide concern, the
bill does not apply to California's 107 charter cities.
_Su part_an4_ppposition (12/22/03)
_Su ort American Women in Radio and Television Golden
Gate Chapter, Children's Discovery Museum, McGuire Real
Estate, National Fragile X Foundation, Park Day School,
Parkinson's Institute, San Francisco Jewish Film Festival,
Seva Foundation; Dianne P. Brenner, Denise Cody, Gisela
Larkin, Patricia Quick, Ann and Jon Reynolds, Arthur and
Evelyn Woodworth.
__qppqsition : Kensington Municipal Advisory Council,
American Planning Association-California Chapter, League of
California Cities, City of Cypress, California State
Association of Counties, Glenn County, Mariposa County
Planning Director.
http://www.leginfo.ca.gov/pub/bill/sen/sb-0951-1000/sb-952—cfa-20031222-112706—sen—... 12/29/03
OCT 2 8 2003
P 1
OFFICE OF POSITION ADJUSTMENT T No.
C,� UNJTY AL)�V X "-,TO L. P-1 Date:
q(LZ
n _.,.. Rept. No./ '" _ OPERS
Ikepartment Animal Services Budget Unit No. 0366 No. 3340 Agency No. 36
Action Requested: Add class of Anima Center.Operations Supervisor and allocate to the salary schedule
_040544965h Ad n Animal Center Operations Supervisorposition;Add class of AnimilServices utiply
W ($2000-$2431); Add three Animal Services Utili or er sigons::
Add one l Admin Svcs Asst l cel Deputy Director Proposed Effective Date: ;
of Animal Services position##11980
Explain why adjustment is needed: N,,w ciasge.S and positions are neweltapes ite r hel er Trainin
j cilities• New ASA Ili osition is needed for trainingprior to ending mire en . ..
-ra
Classification Questionnaire attached: Yes No
Coat is within department's budget: Yes x_._ No
Total One-Time Costs (non-salary) associated with this request: $ 0
Estimated 'Dotal cost of adjustment (salary/benefits/one-time):
Total Annual Cost $ 1'72,737 Net County Cost $ (1
Total This FY $ 140M0, N.C.C. This FY $ 0
Source of Funding to Offset Adjustment: Unappropriated Revenue
K-partment must initiate necessary appropriation adjustment
and submit to CAO. Use additional sheets for further
explanations or comments. z4or rtment Read
Reviewed by CAO and Released To Personnel Department � �a.� ��• w �
YVpuiy' County Administrator hate
4
Personnel Department Recommendation Date:
PLEASE SEE ATTACHED
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the
Basic/Exempt Salary Schedule, as described above.
Effective: day following Board action. I �
Date (for)2 ector of Personnel
Cauunty Administrator Recomomdation Date:t?`' "L.3 "
Approve Recommendation of Director of Personnel
Disapprove Recommendation of Director of Personnel
Other:
{ ) County Administrator
BoArd of Supervisors Action 41hi1--Batcha?`1:ar, Clerk of the Beard of
Adjustment APPROVEDIDISAPPROVED on Supervisors and County Administrator
Ar-
W,t e: , 3; t,' i i t, By:--
APPROVAL
y:APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOLUTION AMENDMENT.
P300# 19641 (Animal Services)
Establish the class of Animal Center Operations Supervisor and ADD one position
at salary level 13811-2484,
Establish the class of Animal Services Utility'Worker and ADD three positions at
salary level QA5-073.:.
BOARD OF SUPERVISORS AGENDA
JANUARY 6, 2004
P300 #19641 — Establish class of Animal Center Operations Supervisor at
salary level 1381-11484 ($4207.501 - $5114,243) and add one position;
Establish class of Animal Services Utility Worker at salary level QA5 0733
($2060.269 - $2504.270) and add 3 positions.
• The actions requested by this P300 are to support the opening of the new
Animal Services shelter in 2004;
• The Animal Center Operations Supervisor will be responsible for
supervising Animal Center Technicians assigned to the Martinez and
Pinole shelters and to coordinate center operations between center staff
and veterinarians;
• The Animal Services Utility Worker will be assigned to perform a variety of
duties including moving animals between the 2 centers, transporting
equipment, goods, supplies, and materials from one center to the other,
and maintaining the appearance of the centers both inside and outdoors;
• The department states that the cost of these actions are within their
budget;
• The Animal Center Operations Supervisor will be an unrepresented
management class;
• The Animal Services Utility Worker will be assigned to Local 1 who has be
contacted to inform them of this action;
• Make effective the day after board action.
Prepared by
Date
T f4i vey, H 111 I
= Date
Pat Chapxe sst. Dir. Human Resources
Contra Costa County August 2003
ANIMAL SERVICES UTILITY WORKER
DEFINITION:
Under direct supervision, to perform varied tasks assigned at the County animal centers.
DISTINGUISHING CHARACTERISTICS:
This class is distinguished from Animal Center Technician by its focus on cleaning and
maintenance tasks in the Centers and transportation of animals and equipment between
centers, as well as the absence of the majority of computer work performed by Animal
Center Technicians.
TYPICAL TASKS:
y--Cleans and maintains kennels, cat cages and other small animal holding cages;
•-- Maintains corrals and cleans stalls and other areas for outside animals;
— Cleans, sweeps and hoses off parking areas and other public areas around the
centers;
— Maintains appearance of centers, both indoors and outdoors, performing such duties as
mowing, cutting, trimming raking, digging, vacuuming, mopping, polishing, dusting,
carrying, unloading, shelving, stocking, emptying, and removing various objects,
containers, and appurtenances of the centers.
— Moves animals within the centers from one animal holding area to another during
cleaning and in preparation for opening to the public.
— Transports animals from center to center, and otherwise as needed.
— Transports equipment, goods, supplies, and materials from one center to another.
— Transports vehicles from one location to another for service and other uses.
--- Enters simple data into the department's animal data base to reflect location changes
of animals.
— Performs work at all animal services permanent or temporary locations as needed or
assigned.
— Performs other duties as required.
MINIMUM QUALIFICATIONS:
License Rewired: Valid California Motor Vehicle Operator's License.
Education: High school diploma, high school proficiency certificate, or C.E.D.
KNOWLEDGES, SKILLS AND ABILITIES:
Knowledge of the various dog and cat breeds; knowledge of proper kennel hygiene
materials and methods; ability to learn State laws and County ordinances relating to the
care, treatment and impounding of animals; ability to write notes and to properly and
legibly complete forms; ability to lift and move animals; ability to pour and measure
cleaning solutions in the appropriate amounts; ability to lift and carry equipment and
materials as a part of assigned duties; ability to sweep, rake, dig, shovel, and use a variety
of equipment in the performance of the jab; ability to operate mechanical equipment
including lawn mowers, leaf blowers, floor scrubbing and polishing equipment; automated
kennel cleaning equipment; ability to drive and properly back and position dog trucks;
Ability to perform a variety of manual tasks without immediate supervision.
Class Code: EJxx
Contra Costa County August 2003
ANIMAL CENTER OPERATIONS SUPERVISOR
DEFINITION:
Under general direction, to supervise Senior Animal Center Techniciansand Animal
Center Technicians and other center staff; to coordinate the center operations with those
of the veterinarians and their assistants; to ensure that staff is appropriately assisting
veterinarians in providing health care to animals; to arrange and provide training in
euthanasia of animals for center staff as required; to inspect and ensure the maintenance
of the kennels in a clean and sanitary condition; and to perform other related work as
required.
DISTINGUISHING CHARACTERISTICS:
This class is distinguished by responsibility for providing direct supervision to animal
center staff through Lead Animal Center Technicians. The Animal Center Supervisor
works under the supervision of an Animal Services Lieutenant.
TYPICAL TASKS:
-- Provides supervision to Senior Animal Center Technicians, Animal Center
Technicians, and other staff working in the Centers.
— Flans and organizes the work assignments of center staff to ensure that all needed
work is accomplished in a timely manner seven days each week.
-- Assigns center staff to various duties as needed.
-- Supervises the employees of the centers.
Monitors the work accomplished at each center and makes adjustments as needed.
— Trains suborndinate staff in the established protocols regarding animal handling,
sick/injured animal identification and treatment, maintenance of records of animal
euthanasia and controlled substances as required by law, care and feeding of
animals, maintenance of kennels, corrals, holding facilities and other areas in a
sanitary and orderly condition, computer recording of daily activities, and other
matters which may be needed.
— Evaluates the performance of employees, writes evaluations, and conducts
meetings with employees on performance related issues.
— Establishes control mechanisms to ensure that work is performed according to
schedules and takes whatever action is necessary to correct problems.
---- Inventories kennel cleaning supplies, animal feed, equipment and other goods to
ensure that an adequate supply is always on hand and orders needed materials
through established procedures in a timely manner.
—identifies those animals that are ready for temperament testing, schedules testing,
and follows up on testing results, ensuring that animals appropriate for adoption are
made available as quickly as possible, while those animals unavailable for adoption
are euthanized.
--Develops standard operating procedures for center staff.
Assists Lieutenant assigned as Shelter Manager with various assignments.
—Advises Lieutenant on appropriate animal and staff related actions.
Writes memos, letters, and reports as assigned.
—Performs other duties as required.
MINIMUM QUALIFICATIONS:
License Required: Valid California Motor Vehicle Operator's License.
Experience: Either (1) four years of full-time or its equivalent experience performing duties
at the level of Senior Animal Center Technician or Animal Center Technician in Contra
Costa County; or (2) possession of a valid Registered Veterinary Technician certificate
issued by the State of California.
KNOWLEDGES. SKILLS AND ABILITIES.
Knowledge of supervisory good practices and procedures; knowledge of the various dog
and cat breeds; knowledge of proper kennel hygiene materials and methods; knowledge
of the injection method of animal euthanasia; ability to supervise other staff effectively so
as to accomplish the work of the department; ability to interact effectively with
subordinates, other staff, and the public; ability to learn State laws and County ordinances
relating to the care, treatment and impounding of animals; ability and willingness to
conduct euthanasia of animals by injection; ability to recognize symptoms of rabies and
other common diseases of animals; ability to write reports and to properly and legibly
complete forms.
Class Code: BJTC
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NOV t 4 2003
POSITION ADJUSTMENT REQUEST Ek2500cy
. � t
OFFICE C) R Y JE Oct 23, 2003
COUNTY ADMINiS1, :Aj GR Department No,1
�+�Department Sheriff Budget Unit No. 0255 Org No, No. 25
(
Action Requested ! Senior Clerk osition JW?CC 0
osition#32561 ccount Clerk-Advanced(J DTD) ?,9: . ,
in the Administrative Services Bureau- Personnel&Finance Unit
Proposed Effective Date November 9, 20030
Classification Questionnaire attached: Yes E] No Z Cast is within Department's budget: Yes o N �!`y
Total Cine-Time Costs(non-salary)associated with request: $ 0
Estimated total cost adjustment(salary/benefits/one time): �
Total annual cost $ 5,604 Net County Cost $ 0
Total this FY $ 3,736 N.C.C.this FY $ 0
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost is within Sheriff's Budget
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
for epartment Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPA
D only Administratrr Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE D§cember 17. 2003
ADD one full-time Account Clerk-Advanced (JDTD)position;
CANCEL, one full-time Clerk-Senior Level (JrWXC) position #3256.
Amend Resolution 71117 establishing positions and resolutions allocating classes to the Basic/Exe t sala cheduie.
Effective. � Day following Action.
�-�# .+ r
El (Date)
(or) Director of Human Resources
COUNTY ADMINISTRATOR RECOMMENDATION Date .
Approve Recommendation of Director of Human Resources t
Disapprove Recommendation of Director of Human Resources `
Other: l
(for)
'Administrator
BOARD OF SUPERVISORS ACTION: John Sweeten, Clerk of the rd of Supervisors
Adjustmea APPROVED DISAPPROVED
Viand County Administrator
DATE ,! ;i l <. -' "- BY %,I k >i' `d4
APPROVAL OF IS ADJUy TM NT C NSTITUTES A PERSONNEUSALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust class(es)tposition(s)as follows:
P300(M347)rev3115101