HomeMy WebLinkAbout38 - NB-4 - First Reading of Ordinance Repealing and - 7/1/2014CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 1, 2014 ITEM NUMBER:
SUBJECT: FIRST READING OF ORDINANCE REPEALING AND REPLACING COSTA
MESA MUNICIPAL CODE SECTION 11-15 RELATING TO REWARDS FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF PERSONS
VANDALIZING PROPERTY
DATE: JUNE 24, 2014
FROM: CHIEF EXECUTIVE OFFICE
PRESENTATION BY: DANIEL BAKER, MANAGEMENT ANALYST
FOR FURTHER INFORMATION CONTACT: DANIEL BAKER (714) 754-5156
RECOMMENDATION:
Staff recommends that the City Council introduce for first reading, Ordinance 14-_,
(Attachment 1) to be read by title only, and waive further reading, regarding rewards for
information leading to the apprehension of individuals who vandalize property.
BACKGROUND:
In March 2014, the City Council adopted Ordinance No. 14-02 (Attachment 2), which
authorized the City to pay a reward for providing information that leads to the arrest and
conviction of individuals who vandalize public property. In adopting this ordinance, the
City Council found that vandalism of public property results in thousands of dollars in
damage that the City must pay for when the person responsible is not arrested,
convicted and ordered to pay restitution to the City. The City Council also found that
members of the public are more likely to assist law enforcement apprehend individuals
who vandalize public property when they can receive a monetary reward for doing so.
ANALYSIS:
Section 53069.5 of the Government Code authorizes the City to offer a reward for
information leading to the apprehension of individuals who willfully damage any
property. Therefore, the City is authorized to extend its existing rewards program to
include private property. The proposed ordinance provides for a reward program for the
apprehension of individuals who vandalize any property within the City.
The City Council finds that apprehending individuals who damage private property is
equally important, and therefore the proposed ordinance extends the application of
Ordinance No. 14-02 by authorizing rewards to anyone who provides information
leading to the arrest of individuals who vandalize any property, whether public or
private.
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With respect to private personal property, it is recommended to limit the rewards
program to vandalism that occurs within the City of Costa Mesa, as the scope of the
proposed ordinance would be excessively broad. This limitation is unlikely to be
necessary with respect to personal property owned by or under the control of the City
because such property, if located outside the City, will be so on official business and the
City's interest in protecting the value of its property does not diminish when its property
is outside the City limits.
ALTERNATIVES CONSIDERED:
The City Council can choose not to adopt the proposed ordinance.
FISCAL REVIEW:
Per existing ordinance 14-2 and section 53069.5 of the Government Code, City staff
can provide a reward of up to $2,000 for information leading the apprehension of
anyone who willfully damages any property.
LEGAL REVIEW:
The City Attorney has reviewed this report and has prepared a draft ordinance repealing
and replacing Section 11-15 of the Costa Mesa Municipal Code.
CONCLUSION:
Adoption of this ordinance would create an incentive for citizens to assist the City in
apprehending individuals who vandalize property, whether public or private, and thus
reduce the cost to the City and to property owners to repair the damaged property.
DANIEL BAKER
Management Analyst
THOMAS DUARTE
City Attorney
Attachment: 1. Ordinance 14-
2. Ordinance 14-2 (redline version)
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