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