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HomeMy WebLinkAboutSeptember 2, 1997ARc�IA September 2, 1997 7:00 p.m. Council Chamber ACTION Rev. Philip Wood, Sr. Pastor, Church of The Good Shepherd PLEDGE OF ALLEGIANCE Jerry Collins, Director of Recreation ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht 1. PRESENTATION to Mayor Demosthenis Soteropoulos of Tripolis, Greece. All Present 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING None AGENDA ITEMS 3. QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY None REGARDING AGENDA ITEMS 211119E�� =1 a. Report and recommendation to approve Text Amendment 97-003, Close Public Hrg. Approved -0 amending Section 9275 et seq. (Conditional Uses Regulations) of the Arcadia Municipal Code to add a new designation of "Automobile Fueling Stations" to conditionally permit convenience retail marts in conjunction with gas stations. 5. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON-PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON). 6. MATTERS FROM ELECTED OFFICIALS City Council Reports/Announcements/Statements/Future Agenda Items D. Krynicki G. Marshall F. Jahnke L. Spencer W. McKinley See Minutes 7. CONSENT a. Minutes of the August 19, 1997 Regular Meeting. A A—C —TI Q N PRE9ved b. Report and recommendation to award a contract in the amount of ATproRQ- $199,277.07 to California Pavement Maintenance Company, Inc. for g the 1997/98 Street and Parking Lot Resurfacing Pro ram . C. Report and recommendation to award a contract in the amount of $43,771.85 to D & M, Inc. for the 1997/98 Concrete Repair Project. Akp,�ov'Ld- 5-0 d. Report and recommendation to approve Final Map 52275 fo residential condominium project at 912-916 Arcadia Avenues 9-unit A-P-RrOved 5-0 -- e. Report and recommendation to accept a 3-foot wide dedication for A pproved 5-0 public right-of-way Purposes along the north side of Santa Clara Stre,-� from 110 feet west of centerline of Fifth Avenue to the Santa Anita W et ash. 8. CITY MANAGER a. Report and recommendation to adopt Resolution No. 6009 , adopted 0 A Resolution of the City Council of the City of Arcadia, California t , fixing the amount of revenue required to be raised from property taxes necessary for the Fiscal Year 1997-98 to pay the authorized maintenance and operation costs of the city lighting and parking districts. 9. CITY ATTORNEY a. INTRODUCTION - Ordinance No. 2076, An Ordinance of the City 1�ntroduced 5-0 Council of the City of Arcadia, California, amending the Arcadia Municipal Code by amending Section 4250.1 adding Section 4250.1 pertaining to nighttime curfews. .2 b. Report requesting direction regarding Voluntary Expenditure Ceilings - Directed staff to Campaign Spending. -�-r'efa�j-4-d—inance setting campaign limit of 50� per resident 4-1 (Mayor Harbicht-No) ADJOURN City Council to September 16, 1997 at 7-00 p.m. in memory of Jeanette Dennis. at 9:57 p.m. 2 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT September 2, 1997 TO: Mayor and City Council FROM: James S. Dale, Director of Administrative Services SUBJECT: Resolution No. 6009 - Fixing the Amount of Revenue Required to Be Raised from Property Taxes Necessary for the Fiscal Year 1997 -98 to Pay the Authorized Maintenance and Operation Costs of the City Lighting & Parking Districts SUMMARY The City of Arcadia has utilized the Street Lighting Act of 1919 to establish Lighting Maintenance Districts within the City. The current lighting districts (Exhibit "A ") were formed pursuant to the Street Lighting Act of 1919 (Division 14 of the California Streets and Highways Code Section 18,000 et. seq.) to provide a source of revenue for the cost of power, maintenance and other capital improvements within the respective districts. The City contributes up to 50% of the power and maintenance costs, with the remaining costs collected from the property owner from funds derived from a tax applied to land values. The City also formed two (2) Parking Districts in the downtown area, (Exhibit "B "), in accordance with the Vehicle Parking District Law of 1943. Funding for the maintenance of these districts is derived in part from property assessments and in part from contributions from the Arcadia Redevelopment Agency. DISCUSSION Each year, a resolution is adopted fixing the amount of revenue required to be raised from property taxes to pay the authorized maintenance and operating costs of the City's Lighting and Parking Districts. This information is the basis for establishing tax rates which are forwarded to L A County and applied to properties in the specific districts. A separate schedule (Exhibit "C ") is attached to provide expanded detail of assessed valuations, beginning balances, estimated expenditures and the proposed tax rate for FY 1997 -98 for the districts identified. LASER INIAGED %W r %w The proposed tax rates are impacted by the additional costs associated with major replacement of obsolete equipment. Where major replacement cost are anticipated, the proposed rates attempt to capitalize such costs over a fixed period rather than recover them through a single year rate increase. Capitalizing the costs over an extended period avoids significant rate fluctuations in any particular year. Attached also is a report from the Maintenance Services Department which identifies the annual operating costs as well as the cost to replace obsolete equipment within the lighting zones and a report from Economic Development fixing the amount to be raised from tax assessment to maintain the City's two (2) Parking Districts. These reports and the identified costs serve as the basis for establishing the proposed rates. FISCAL IMPACT The rates established for Fiscal Year 1997 -98 will recover the costs eligible for reimbursement within the established districts. RECOMMENDATION That Council approve Resolution No.6009, fixing the amount of revenue required to be raised from property taxes necessary for the fiscal year 1997 -98 to pay the authorized maintenance and operation costs of the City Lighting and Parking Districts. Approved: I I nk� William R. Kelly City Manager JSD:mlp See attachments. 2 I� 'MC�kPonwrs ,,ors MEMORANDUM OFFICE OF THE CITY ATTORNEY Date: August 28, 1997 TO: MAYOR AND CITY COUNCIL � r FROM: CITY ATTORNEY i 10 SUBJECT: ORDINANCE NO. 2076 - AMENDMENTS TO NIGHTTIME CURFEW PROVISIONS BACKGROUND The nighttime curfew provisions of the municipal code(attached) have been in effect for at least three decades. A recent federal court decision involving the City of San Diego ordinance calls into question certain types of curfew ordinance provisions. The purpose of the proposed amendments summarized below and set forth in ordinance no.2076 is to address the concerns posed by the court in Nunez v. San Diego and therefore help protect the validity of the Arcadia ordinance.The Chief of Police has reviewed the proposed changes with departmental staff and recommends approval of the proposed ordinance amendments. SUMMARY OF ORDINANCE CHANGES The ordinance affirms at new section 4250.1 that the term "loiter" shall be defined in accordance with court sanctioned definitions of that terminology and that loitering shall not include activity that is a legitimate exercise of first amendment rights as protected by the freedom of expression provision of the Constitution. These changes are consistent with the Nunez case and what has been the actual enforcement policy of the Arcadia Police Department. The existing section 4250.1 re parental responsibility is deleted as a non - enforceable section. Section 4250.1.2 is added to express in writing what has been the general enforcement policy. This includes the requirement that police officer ask the apparent offender's age and reason for being at the prohibited place. RECOMMENDED ACTION Move to introduce ordinance no. 2076 and return for adoption. Concurred: City Manager Ul"�'t'. X76 ��7�rO �lucz''G7 LASE, IMAGED 0, 4 . 9,a. 4240.3 �w 4240.3. SAME. PUBLIC DANCE HALLS. No person in an intoxicated condition shall enter or remain in any public dance or club dance. PART 5. MINORS: CURFEW — DAYTIME 4250. CURFEW ESTABLISHED FOR MINORS. No person under the age of eighteen (18) years shall loiter about any public street, avenue, alley, park or public place between the hour of 10:00 p.m. and the time of sunrise of the following day when not accompanied by his parent or legal guardian having legal custody and control of such person, or spouse of such person, over twenty-one (21) years of age. 4250.1. SAME. PARENT RESPONSIBILITY. No parent, guardian, or other person having the legal care, custody, or control of any person under the age of eighteen (I 8) years shall permit such person to violate any provisions of Section 4250. 4251. DAYTIME LOITERING BY MINORS. It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation educa- tion to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. on days when school is in session. This section does not apply: a. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or (Acadia 6 %) I EX 1 57-1/11 M b. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or c. When the minor is going or coming direct- ly from or to their place of gainful employment or to or from a medical appointment; or d. When students have permission to leave school campus for lunch or school related activity and have in their possession a valid, school is- sued, off - campus permit. Subject to Arcadia Municipal Code Section 1200(a) according discretion to deem violation of this Section as an infraction, each violation of the provisions of this Section shall constitute a sepa- rate offense and shall be a misdemeanor. (Added by Ord. 2046 adopted 4 -2 -96) 4252. MINOR CURFEW. LOITERING OR WILFUL MISCONDUCT —COST RECOVERY. A. Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, daytime loitering (truan- k Y) or wilful misconduct in violation of Welfare Institutions Code Section 602, a minor under eighteen (18) years of age is detained for a period of time in excess of one (1) hour, and said deten- tion required the supervision of the juvenile of- fender by Arcadia Police Department employ - ee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department. B. Determination by Chief of Police. As de- termined by the Chief of Police or his designee, the parent(s) or legal guardian(s) of a minor com- mitting any public offense amounting to an act or wilful misconduct in violation of Welfare and Institutions Code Section 602 where police per- sonnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided C' .'�L