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HomeMy WebLinkAboutNovember 4 1997N N 0 T A T E D A G E N D A J Arcadia City Council and Redevelopment Agency Meeting November 4, 1997 6:00 p.m. Council Chamber Conference Room OEM P9 19. P9 - N WdliwWw1iiii ACTION ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht All Present 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO No one addressed ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY the Council (NON- PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) 2. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with the At 6:04 p.m. the City labor negotiators, Dan Cassidy and William R. Kelly, regarding Council RECESSED to the Closed Session Teamsters Local 911, AFSCME Local 2264, AFFA, APOA, Management and non - represented employees. 7 :00 p.m. The Regular Meeting Council Chamber RECONVENED in the Council Chambers INVOCATION President James Corrigan, Church of Jesus Christ of at 7:07 p.m. Latter Day Saints PLEDGE OF ALLEGIANCE James Dale, Director of Administrative Services ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht All Present 3. PRESENTATION of Proclamation to 1998 Tournament of Roses Queen, Purdy Tran. 4. PRESENTATION of Plaque to George Fuson, outgoing Human Resources Commission Member. ADMINISTRATION OF OATH OF OFFICE to Richard Tauer - Human Resources Nov. 18, 1997 Commission. Council Meeting 5. PRESENTATION of Certificates for Grand Prize winners of Earth Day Contest and U. S. Savings bonds from Newco Waste Systems. 6. PRESENTATION of Certificates to Student Government Day Participants 7. PRESENTATION of Certificates to State of California Red Ribbon Week Award Winners PRESENTATION by Sandy Snider, Historical Curator, Los Angeles Coenty Arboretum, of Ms. Snider's latest book, "History of the Arboretum ",to the Council ACTION 8. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. None 9. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS See Minutes MOTION: Read all Ordinances and Resolutions by title only and waive Adopted 5 -0 reading in full. 10. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO G. Roberson ADDRESS THE CITY COUNCIL /REDEVELOPMENT AGENCY B. Van Buskirk (NON - PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) D. Williams K. Kimball D. Bareen G. Roncelli G. Jensen J. Reuter T. Shriver J. Leonard 11. MATTERS FROM ELECTED OFFICIALS H. Hamann T. Cohen K. Yee W. Shaw L. Segal R. Whitmer L. Wilson City Council Reports /Announcements /Statements /Future Agenda Items See Minutes 12. CONSENT a. Minutes of the October 21, 1997 regular meeting. Approved 5 -0 b. Report and recommendation to approve the use of water bills as a Approved 5 -0 Council vehicle to solicit monetary support of city programs (on a case by case to review City costs in 6 months & consi- basis) and to approve a policy statement regarding the use of water der post card system bills for this purpose. for water bills 13. CITY MANAGER a. Report and discussion /direction regarding the Utility Tax. b. Report and recommendation to modify the adopted 1997 -1998 Operating Budget for the General Fund. 13b 14. CITY ATTORNEY Direct staff to ppro- ve e a itlonal information at Nov. 18 meeting Various budget reduc- tions in dept's. Approve transfers from Emerg. Reserve Fund 5 -0 a. INTRODUCTION - Ordinance No. 2080 - An Ordinance of the City TntredurFrl 5 -0 Council of the City of Arcadia, California amending the Arcadia Municipal Code by adding a new Section 3214.1.2 and amending Section 3214.13 relating to the Uniform Traffic Ordinance. 2 City Attorney continued ACTION b. INTRODUCTION - Ordinance No. 2081 - An Ordinance of the City Introduced 5 -0 Council of the City of Arcadia, California, adding a Chapter 9 to Article VII to the Arcadia Municipal Code (Sections 7910 thru 7914) regarding camping and storage of personal property on public streets and areas including the Civic Center. 13 ADJOURN City Council to November T8, 1997 at 6:00 p.m. for a Joint Meeting with the City Council of the City of Temple City at the Community Center. &V� ;Hxp.m. Adjournment 12:28 STAFF REPORT OFFICE OF THE CITY MANAGER DATE: NOVEMBER 4, 1997 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: WILLIAM R. KELLY, CITY MANAGER BY: LINDA GARCIA, ADMINISTRATIVE COORDINATOR SUBJECT: RECOMMENDATION TO APPROVE THE USE OF WATER BILLS AS A VEHICLE TO SOLICIT MONETARY SUPPORT OF CITY PROGRAMS (ON A CASE BY CASE BASIS) AND TO APPROVE A POLICY STATEMENT REGARDING THE USE OF WATER BILLS FOR THIS PURPOSE SUMMARY The City has received a request from the Arcadia Public Library Foundation to solicit monetary contributions via water bills. This type of solicitation would give water customers the opportunity to commit to making regular contributions for which they will be billed at a future date. This report describes how this can be done and recommends approval of their request. DISCUSSION The Arcadia Public Library Foundation is a non - profit organization, exempt from Federal income tax. The Foundation was formed solely to benefit the City Library by raising funds to support educational programs that would not be possible without some outside assistance. Their work and fund raising efforts have helped the City purchase some of the equipment and supplies necessary for various Library programs. The Foundation has asked the City if we would assist them by setting up a process by which Arcadia water customers can donate, on a regular basis, a certain amount of money to the Foundation. Specifically, they would like to insert a "pledge card" in the January and February 1998 water bills which people can fill out and sign if they wish to commit to either an annual or bi- monthly contribution to the Library Foundation. (The process is similar to how residents were able to sign up for the Paramedic Membership Program.) A draft version of the proposed informational flyer and pledge card is attached. The computer that scans the water bills demands that we limit the amount of monetary choices offered, so you will see that we also provide information about how to make a donation in any amount to the Foundation. f�pPre J POD LASER IMAGED Mayor and City Council - Library Foundation November 4, 1997 Page 2 Once an individual commits to giving a specified amount of money, the amount is listed on a future water bill as a "charge." When the payment arrives, the City will keep track of the gift and on a periodic basis will issue a check to the Foundation. In addition, the City will provide the Foundation with the names of people who have committed to making a donation. The City Attorney has been informed of this program and is of the opinion that since this solicitation relates to a "public and municipal purpose," there are no legal restrictions prohibiting us from moving forward. It should be pointed out that approval or denial of this request is a policy decision that will set some precedent. For example, if this is approved staff may bring a similar request to the Council at a future date for the D.A.R.E. program, and other local organizations may also ask about the possibility of using this as a fund raising vehicle. On the other hand, denial of this request will signify that the City Council does not wish to consider similar proposals at all in the future. In anticipation of receiving inquiries from other charitable organizations wanting to pursue a similar venture, staff recommends that if the City Council approves the Foundation's request that you also approve the following as a policy statement: The Arcadia City Council is appreciative of all responsible efforts undertaken by community organizations for the purpose of benefiting City programs or operations. To that end, the City Council will consider the use of water bills as a vehicle by which to solicit funds that will be used directly for a "City program or operation." All requests must be approved by the City Council. FISCAL IMPACT The attached flyer will cost $440 to print in two colors. The money will come out of the current Library budget. This project offers people a convenient way to contribute toward the Library Foundation. Monies raised through this effort will benefit the City because the Foundation's purpose is to help purchase equipment and supplies for library programs. Mayor and City Council - Library Foundation November 4, 1997 Page 3 RECOMMENDATION Staff recommends the following: 1. That the City Council adopt the referenced policy statement regarding the use of water bills as a vehicle to solicit funds for certain City programs and operations; and 2. That the City Council approve the Library Foundation's request to solicit donations through the water bills by the process defined in this report. Attachment: Informational Flyer /Pledge Card w THE ARCADIA PUBLIC LIBRARY FOUNDATION IS ASKING FOR YOUR HELP. PLEASE TAKE A MOMENT TO READ THIS FLYER AND IF YOU ARE SO INCLINED, FILL OUT THE FORM BELOW AND RETURN AS INSTRUCTED. The Arcadia Public Library Foundation* was formed solely to benefit the City Library by raising funds to support educational programs that would not be possible without some outside assistance. The Foundation is comprised of community volunteers who have been very generous with gifts of time and expertise. They have helped make our Library one that stands apart from others by purchasing some of the equipment and supplies necessary for various projects. The Foundation is asking for assistance from the community to help them meet their goal of supporting the Library. If you are interested in pledging a certain amount of money to this worthwhile cause, please complete the form below and the amount of money you choose to contribute will appear as a charge .on a future water bill (or bills). The City will keep track of the donations and on a periodic basis will issue a check to the Foundation. In addition, the Foundation will be notified of everyone who makes a donation. Donations of any amount are appreciated. However, the computer that scans incoming water bills demands that we limit the amount of choices offered. Therefore, if you would like to contribute to the Library Foundation in an amount not listed below, please send your check payable to the Arcadia Public Library Foundation to: Library Foundation -WB, P.O. Box 60021, Arcadia, CA 91066. If you have questions about the Foundation's activities, please call their office at 821 -6016. Thank you! *The Library Foundation is exempt from Federal income tax per Section 501 of the IRS Code. - - - - - - - - - - - 41 Yes, I would like to help. ' Name: Address Telephone : Water Account No. : would like to support the Arcadia Public Library Foundation with a donation as follows • I agree to donate $ 5 every other month. • I agree to donate $ 10 every other month. ❑ I agree to donate $ 15 every other month. ❑ I agree to make an annual donation of $ 30. ❑ I agree to make an annual donation of $ 50. • I agree to make an annual donation of $ 100. The above contribution will appear as a charge on your water bill (or bills). Donations are non - refundable and thirty (30) days advance notice is required to cancel. signature date PLEASE EITHER RETURN THIS FORM WITH YOUR WATER BILL OR MAIL TO: CITY OF ARCADIA, ATTN : CASHIERS OFFICE, P.O. BOX 60021, ARCADIA, CA 91066. IF YOU HAVE ANY QUESTIONS REGARDING THIS PROGRAM, PLEASE CALL (626) 574 -5403. Z M • a � J a��^ �.°. `I 1. STAFF REPORT OFFICE OF THE CITY MANAGER DATE: NOVEMBER 4, 1997 TO: MAYOR AND CITY COUNCIL FROM: WILLIAM R. KELLY, CITY MANAGER 4r*� SUBJECT: REPORT AND DISCUSSION /DIRECTION REGARDING AN INCREASE IN THE UTILITY TAX SUMMARY At the October 21, 1997 meeting, the City Council directed staff to agendize for discussion at the November 4, 1997 meeting the matter of increasing the utility tax. This report contains information regarding the process to increase the utility tax and provides an estimate of the funds that would be raised through an increase. BACKGROUND Beginning in fiscal year 1994 -1995, a utility tax increase has been referenced as a means to provide needed additional General Fund revenue. During budget deliberations for the fiscal year 1996 -1997 budget, the Council was desirous of implementing a 1 % /one year increase in the utility tax to help address the shortfall by creating a (temporary) new source of revenue. In fact, the funds that would be generated by this increase were included in the budget. Subsequently, with Proposition 218 looming in the distance, the City Council choose to hold the idea of increasing the utility tax until after the vote on Proposition 218. With the passage of 218 in November 1996 the City Council no longer had the authority to increase the utility tax unilaterally. Further, according to this legislation, voter approval can only be obtained at a regularly scheduled election for Council Members. As a consequence, the idea was abandoned. DISCUSSION The passage of Proposition 218 shifted the decision - making role on taxes and most charges from elected officials to the electorate. Therefore, an increase in Arcadia's utility tax cannot be imposed by the City Council; it requires voter approval. In other words, the decision of whether or not to use an increase in this tax as a way to achieve new revenue is in the hands of the electorate. A 6 �, 4) / ?- y-7 LASER IMAGED Mayor and City Council November 4, 1997 Page 2 Since the City Council is still reviewing the budget and making modifications to bring it into balance, the idea of increasing the utility tax was again raised at the October 21, 1997 City Council meeting. The following information relative to utility taxes is provided in response to the Council's request: • Majority voter approval is required at an election that is consolidated with a regularly scheduled election for members of the City Council. • Raising the utility tax differs from the recent vote on a Fire Suppression District because rather than employing the assessment process it involves amending a City Ordinance by a vote of the people. Accordingly, this would be handled in "true" electoral fashion under the Elections Code; it would be an election proposition with secret ballots at a polling place and absentee ballots. • The measure could include a sunset clause that provides for automatic reversion to a lower tax rate at a date certain. • Although a vote is required to increase the tax, decreases do not mandate an election and an amendment that subsequently lowers the amount of the tax can be accomplished by the City Council through adoption of an Ordinance. To preserve this ability, the ballot measure must include language to the effect that decreases can be adopted by City Council ordinance provisions. • To meet election deadlines, resolutions applicable to the tax and the April 1998 election must be enacted by the City Council at or before the January 6, 1998 City Council meeting. FISCAL IMPACT The current utility tax rate is presently 5% (reduced previously from 7 %). A 1% increase in the utility tax would generate approximately $700,000 annually. A 2% increase in the utility tax would generate approximately $1.4 million annually. A 3% increase in the utility tax would generate approximately $2.1 million annually. Mayor and City Council November 4, 1997 Page 3 RECOMMENDATION Staff recommends that the City Council provide direction to staff in one of the following ways: 1. Receive and file this report. 2. Organize a community forum for the purpose of determining citizen interest in placing an increase in the utility tax on the April 1998 ballot. 3. Prepare the necessary resolutions and documents to place an increase in the utility tax on the April 1998 ballot. Direct staff as to how much of an increase should be sought, whether or not a sunset clause provision should be included in the measure and if so, what date should be used. 4. Other.