HomeMy WebLinkAboutResolution 1998-36
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RESOLUTION NO. 98-36
RESOLUTION OF THE COUNCIL OF
THE CITY OF GILROY ESTABLISHING FEES
FOR GRAFFITI RELATED COSTS
WHEREAS, on June 15, 1998, the City Council of the City of Gilroy approved Ordinance
No. 98-11, pursuant to Gilroy City Charter, Article 6, Section 602 as an emergency measure;
WHEREAS, the City Council found that graffiti presents an imminent threat to the general
public health, safety, and welfare because if graffiti is not promptly removed, it leads to the further
spread of additional graffiti;
WHEREAS, the City Council found that it is in the public's interest to immediately
investigate graffiti related crimes in order to locate and apprehend the graffiti offenders so that the
City may promptly eradicate, repair and abate the public nuisance created by graffiti related
offenses;
WHEREAS, the City Council found that the Graffiti Ordinance amendments and the
graffiti Related Costs Resolution are necessary to provide for the collection of the graffiti related
costs that the City incurs for the prompt and effective enforcement of graffiti related offenses;
and,
WHEREAS, the City Council found that the fee calculations as set forth below to collect
graffiti related costs are reasonable and necessary.
NOW, THEREFORE, be it resolved that the Council of the City of Gilroy establish fee
calculations for reimbursement for graffiti related costs as indicated below:
Title: Graffiti Related Costs
Authority: Gilroy City Code, Chapter 12.5, as amended June 15, 1998.
Charges: Charges for graffiti related costs will be based upon the following:
(1) Actual costs of City employee time, including law
enforcement personnel, in identifying and apprehending the minor
or person who created, caused or committed the graffiti, calculated
by:
Actual Costs = Employee time / hour x employee salary (including
benefits) / hour
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RESOLUTION NO. 98-36
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(2) Actual costs of City employee time, including law
enforcement personnel, in administering and monitoring the
participation of the person, and if a minor, his or her parents or
guardians, in a graffiti abatement program, calculated by:
Actual Costs = Employee time / hour x employee salary (including
benefits) / hour
(3) Actual costs of repair and/or replacement of damaged public
or private personal or real property, including the actual costs of
City equipment and materials used in repair and/or replacement of
damaged public or private personal or real property, calculated by:
Actual Costs = Employee time / hour x employee salary (including
benefits) / hour + costs of City equipment and/or materials + costs of
repair or replacement of property
(4) Such other City administrative costs, including, but not
limited to, court costs, attorney's fees, or any other costs based on
any liability imposed by law, including without limitation, California
Civil Code section 1714.1.
PAS SED AND ADOPTED this 6th day of July 1998, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON,
SPRINGER, SUDOL,. GILROY
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERSNONE
APPROVED~n I
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K. . Mike Gilroy, Mayor r
ATTEST. ~
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Rhonda Pellin, City Clerk
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RESOLUTION NO. 98-36
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No, 98-36 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 6th day of July, 1998, at which meeting a quorum
was present,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8th day of July, 1998.
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City Clerk of the-City of Gilroy
(Seal)