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HomeMy WebLinkAboutAPRIL 15,1980 24:9995 MINUTES ARCAD IA CITY COUNCIL REGULAR MEETING APRIL 15, 1980 The City Council of the City of Arcadia, California met in a regular session on Tuesday, April 15, 1980 at 7:30 p.m. in the Arcadia City Hall Council Chamber. INVOCATION Father Timothy Raw1e, Church of the Holy Angels. 1 PLEDGE OF ALLEGIANCE Charles Reiman, Finance Director ROLL CALL PRESENT: ABSENT : Councilmen Gi1b, Parry, Pellegrino, Sae1id, Margett None ELECTION CERTIFICATION The City Clerk submitted the following Certification of the results of the General Municipal Election held April 8, 1980: "I, Christine Van Maanen, City Clerk of the City of Arcadia, County of Los Angeles, State of California, duly authorized by Resolution No. ,4873 adopted by the City Council of said City on the 18th day of December 1979, do hereby certify that I have canvassed the re- turns of the General Municipal Election held in said City on the 8th day of April 1980 and find that the number of votes given at each precinct and the total number of votes given in the City for the following named persons and for the measure were as recorded on the next page of this certification." Said tabulation is hereinafter made part of the official record. 1 -1- 4-15-80 TABULATION BY PRECINCTS CITY OF ARCADIA GENDAL Kl1NICIPAL ELECTION 24:9996 APRIL 8, 1980 9,074 votes cast 33.61 PCT. ",",Dr ~TOM LOJESICI lIADlXlQt DRING CBIVErrA lIElll!Il BRUNO I'ASCID.NG VAN lIAAHEI PCT, I'OtAL REG. ....SUIlE NO. TOTALS VO'l'1!:RS IN PRECINCT YES ,NO 1 82 159 251 140 192 2D 8' 80 195 297 645 1630 501 45 3 61 181 20' 112 2D' 21 58 53 18D 288 569 1497 463 39 5 84 97 141 " 130 13 27 25 116 154 391 1059 350 16 10 55 150 123 77 181 13 40 60 114 212 432 1364 341 24 12 55 164 126 110 185 18 37 73 147 248 487 1498 343 29 14 '0 160 193 67 172 , 3D 46 97 164 432 1020 375 29 17 34 139 150 47 162 13 29 52 73 205 368 96D 139 26 19 30 122 87 31 130 , 22 46 47 119 276 875 226 21 21 28 132 . 49 37 129 10 27 34 54 98 265 1154 226 17 24 32 148 91 74 149 15 37 35 92 171 357 1353 263 25 26 48 148 113 73 165 9 64 7D 108 178 405 1433 329 36 28 76 198 125 108 223 18 32 102 126 261 534 1467 4D9 33 29 36 153 67 51 154 11 31 25 57 120 304 1183 .264 22 33 61 233 166 120 256 25 87 77 lD3 251 603 1726 522 42 37 53 305 153 90 342 34 71 70 127 316 658 1883 514 57 43 58 125 123 56 128 25 26 45 76 160 353 1355 291 36 46 48 181 130 126 204 19 41 73 115 233 49' 1492 417 53 49 45 160 136 72 176 18 23 70 89 177 422 1469 352 38 53 66 191 125 111 206 43 27 71 124 260 515 1588 393 39 " 25 164 65 61 150 13 26 45 57 137 307 995 240 21 AVB 27 100 55 41 110 17 34 3D 67 166 255 on 203 13 CANDIDATE TOTALS 835 1182 2164 4215 9074 27,001 7261 '" 1064 3390 2675 1703 3750 367 TOTAL REGISTERED VOTERS. TOTAL VOTES CAST IN THIS ELECTION: 27,001 9.074 -2- 4-15-80 1 RESOLUTION NO. 4900 ADOPTED 1 OATH OF OFFICE ADMINISTERED City Clerk 1 24:9997 The City Clerk then presented and read"the title of Resolution No. 4900 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AR- CADIA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITYllN THE 8TH DAY OF APRIL 1980 DECLARING THE RESULT THEREOF PURSUANT TO THE PROVISIONS OF THE CITY CHARTER." It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the reading of the full text of Resolution No. 4900 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen Gi1b, Parry, Pellegrino, Sae1id, Margett None None The Honorable John H. Saunders, Judge of the Santa Anita Municipal Court then administered the Oath of Office to reelected Christine Van Maanen, City Clerk, and presented her with a Certificate of Election. The City Clerk then administered the Oath of Office to Jeffrey A. Dring and Richard A. Haltom, newly elected Councilmen, and presented each with a Certificate of Election. On behalf of the City Council Mayor ProTempore Pellegrino presented to Mayor Margett a plaque in gratitude for his devotion and service to his fellow citizens during the past four years. Councilman Gi1b then presented past Mayor Police Badges to Mayor Robert G. Margett and former Mayor David E. Parry for devotion and service to the community. Councilman Sae1id presented past Mayor and Councilmen badges in frames to Mayor Margett and former Mayor Parry for their devotion and service to the community. Stella Ross, 355 W. Longden Avenue, presented to each City Councilman a Certificate offering gratitude and respect for a job well done. This was signed by numerous residents. Jenny MacDonald of Durbin, South Africa, presented to Mayor Margett greetings from Mayor Haydn Bradfield of Durbin. Jenny is one of six South Africans who are in Arcadia for a six week training course at the Santa Anita Church. Councilman Parry said in part that it has been a pleasure to serve during the past most interesting four years; that during his tenure there was the Diamond Jubilee, and presiding as Mayor during the Proposition 13 period and its implementation; he expressed ,appreciation to the citizens and the city employees. He introduced members of his family and wished the new City Council Members every possible success. Mayor Margett then expressed his appreciation to his colleagues, the city employees and to friends and constituents who placed confidence in him. He welcomed the newly elected Councilmen and made suggestions to them on local government financing which he said is very uncertain because State surplus funds will soon evaporate, Federal Revenue Sharing Funds have been reduced and if Proposition 9 passes it will further de- crease revenue. He concluded by saying in part that he has enjoyed his tenure - both as a Councilman and Mayor - He introduced members of his family and thanked them and his business employees for their tolerance and patience during the past four years. Messrs. Margett and Parry then retired and the new City Councilmen were welcomed to the Council Table. Roll call of the reorganized City Council was then taken. -3- 4-15-80 ROLL CALL 24:9998 PRESENT : ABSENT ; Councilmen Dring, Gilb, Haltom, Pellegrino, Saelid None Section 404 of the City Charter provides that after any election at which a Councilman or Councilmen are elected the first order of busi- ness is for the City Council to elect one of its members to act as Presiding Officer who shall have the title of Mayor. He shall be the chief official of the City for all ceremonial purposes. He shall perform such other duties consistent with his office as may be pre- scribed by Council. The Mayor Pro Tempore shall perform the duties of the Mayor in his absence or disability. Councilman Gilb then placed in nomination the name of Councilman Donald D. Pellegrino to act as Mayor for the ensuing year, Council- man Saelid seconded the nomination and MOVED that the nominations be closed and that an unanimous vote be cast. 1 Mayor Pellegrino thanked his colleagues for electing him and said in part that as Mayor of the City he sees problems not unlike some of the earlier officials .. they faced growth in population and business expansion; that the same concerns are faced today but the community has developed into what he considers the best in the State due to the concern and cooperation of its citizens. He made reference to possible utility users tax and service charge reduction - that he would person- ally have to review the proposed budget for the next fiscal year which review will begin shortly. He asked for unity in reaching the goals set for the City. He then introduced his family and expressed appre- ciation for the opportunity of serving in his new capacity. Mayor Pellegrino then place in nomination the name of Councilman Gilb as Mayor Pro Tempore. Councilman Saelid seconded the nomination and MOVED that the nominations be closed and that an unanimous ballot be cast. He then said in part that once you have been elected to the City Council it isn't a right to serve as Mayor, it is a privilege. He said it is with a sense of pride that he seconded the nomination of Councilman Gilb as Mayor Pro Tempore; that no one has invested more of his time and energy to the things that are important to the City and mentioned the auditorium drive for one; that everything the people of this city want that is really good Mr. Gilb has had a part of that he served admirably when he was, Mayor in the past and will do the same if he is elected Mayor next year. Councilman Dring MOVED to close the nomination and that an unanimous ballot be cast. Mayor Pro Tempore Gilb thanked Councilman Saelid for his kind remarks. He then introduced Mrs. Gilb and expressed gratitude to his colleagues for electing him as Mayor Pro Tempore that it was indeed an honor. He, said in part that it has been a pleasure" to serve the community for the past six years and that he looked forward to the next two years. He congratulated the City Clerk on her reelection and said that she is probably one of the most outstanding City Clerks in the State or the 1 United States. He thanked the department heads and city staff. He said further that it has been a great pleasure serving with retiring Messrs., Margett and Parry and that he looked forward to working with the new Councilmen. Councilman Dring then introduced his family and said in part that the election was both a joy and triumph for many people who have worked for two years against what they thought was an injustice to the people of Arcadia; that he and Councilman Haltom feel obligated to pursue their 'platforms and beliefs; that they are not here to create a devisive Council. He said further in part that they will try to bring, in a logi- cal and reasonable manner, some fiscal restraint, tax reduction and responsiveness to the Council. -4- 4-15-80 1 BUn.DING INVESTIGATION FEES (no change) ROLL CALL ARA 1 ADJOURNbIENT (May 6 ~ 7:30 p.m.) ','-" 24:9999 Councilman Haltom introduced his family and said that Councilman Dring has said it all for him .. that they will stand for the same things they stood for before the election and will stand for them four years from now. He tra nked all those who supported him. Mayor Pellegrino then presented the official city badge to the new Councilmen. The City Manager also was presented with an official badge as he must represent the City throughout the State at various func t ions. At this point Councilman Saelid introduced members of his family. RECESS The City Council reconvened and considered the scheduled agenda i terns. Report regarding building permit investigation fees. The Planning Director explained that on behalf of the Rancho Santa Anita Residents' Association a recommendation has been made to the City that procedures be initiated to substantially increase the cost of a building permit for a project which has been started or completed before a permit is issued. It was felt by the association that this would be a deterent to a contractor from starting a project anywhere in the City prior to obtaining a permit. The Planning Director continued in part that the Commission reviewed this request and concluded that the imposition of an investigation fee would probably not serve as a deterent but rather act as a hardship and burden in most instances where construction is initiated prior to issuance of a building permit. (See staff report dated April 15.) It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that Council receive and file the report and that Mr. William Wyman of the Association be so noti- fied through communication from Mayor Pellegrino. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, S~elid, Pellegrino None None The City Council adjourned in order to act as the Arcadia Redevelopment Agency. ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Members Dring, Gilb, Haltom, Saelid, Pellegrino None Some discussion held on the appropriate time for the redevelopment meetings to convene and it was the consensus of the Agency members that henceforth they be called for 7:30 p.m. in the Council Chamber (the same time the City Council convenes.) Member Dring requested the treasurer's report in connection with re- development transactions and financial conditions - that these be submitted to either all the members or in any event to the two new members. Also copies of all contracts and agreements between Republic Development Company; and copies of Republic's latest certified audited financial statement and annual report. It was then MOVED by Member Dring, seconded by Member Haltom and carried -5- 4-15-80 25:0000 on roll call vote as follows that the meeting adjourn to the joint meeting with the City Council on May 6 at 7:30 p.m. A~S NOOS AB?E_NT: Members Dring, Gi1b, Haltom, Sae1id, Pellegrino None None The City Council then reconvened on roll call vote. AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, spoke to the time on the agenda for public input and asked the City Council to think in terms of de- termining a fixed time in the Council meetings for persons desiring 1 to address the Council so the place on the agenda cannot be altered - that one of the most important things in city government is the right of the people to speak at an appropriate time. He hoped the large attendance at this meeting is indicative of more public participation in these meetings. Ben Smith, 980 W. Orange Grove Avenue, Chairman of the Parks and Recreation Commission, spoke to the item on the scheduled agenda concerning lighting of the athletic field. He said in part that the final stages of the project have now been reached and asked Council to support this phase of the project; that the City is in dire need of the lighting as it would almost double the use of the field. In response to an inquiry by Councilman Dring the Public Works Director said in part that the estimated cost including engineering and inspec- tion, is approximately $125,000, however, when firm bids are received the figure will be finalized. Councilman Haltom asked in part if any research had been done on the cost of maintenance and said that because of the maintenance cost the E1 Monte School District had pulled out all of its recreational lighting after about two years. He continued in part that $125,000 is a lot of money to pay for something that may have to be scrapped. Mr. Smith responded in part that he is also an electrical contractor and recited the various projects he is now 'installing and that to his knowledge he has never run across a project'where the lights have been removed. He said that the Commission endeavors to see that activities such as this are self supporting. The Director of Public Works explained in part that the high pressure sodium lights being proposed for 55 foot poles is not going to unduly burden city forces to maintain and they will be much more economical. He will provide figures on mantenance and wattage hours. H. R. Stoke, 1040 Hampton Road, said there are some 3000 youths parti- cipating in soccer and by lighting the field will be like adding another field; that there just isn't any more land available ... it is not just 1 a soccer field .. it isa multi-purpose field ... charges are made for the use of the field and it is expected it will pay its own way. And, in response to a statement by Councilman Dring about whether or not $125,000 is an appropriate expenditure for the lights Mr. Stokes,said his answer would be yes. Sue Wallace, 1523 Lovell, referred to the proposed Home Occupation Ordinance and asked if a specific problem, which she recited, would come under that ordinance. She had prepared a log of activities and sub- mitted it to the City Clerk. It will be directed to the proper depart- ments and Councilman Sae1id asked whether or not the proposed ordinance addresses that kind of a problem and felt it should 'be considered by staff to ascertain if there are any weaknesses therein. -6- 4-15-80 - CUP Restaurant HEARING (May 6) HEARING (May 6) 1 Searchlight (Fashion Park) EXTENSION Tract No. 36755 CONDITIONAL USE PERMIT APPROVED WITH CONDITIONS 1 PEDESTRIAN FACILITIES " '-,-"",\'","" . 25:0001 CONSENT ITEMS APPROVED a Conditional Use 200 E. Foothill Boulevard. seating capacity. Res. No. this conditional use permit Permit to expand the existing restaurant at The proposed addition will not increase the 1139 sets forth the conditions upon which was recommended for approval. SCHEDULED a public hearing for May 6 on the tentative map of Tract No. 40156 for a five unit residential condominium at 610 S. Third Avenue. SCHEDULED a public hearing for May 6 on the application of International Society for Krishna Consciousness for a Certificate of Religious Soli- citation. APPROVED request of Fashion Park for an additional searchlight to be used in a promotional activity - subject to obtaining a business license as required in Code Section 6220.10 APPROVED a six months time extension to October 17, 1980 as requested on the tentative map of Tract No. 36755 for a 8 unit residential condo- minium at 26-34 Genoa Street. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMt\li GILB, SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VarE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Planning Commission Res. No. 1138 granting a conditional use permit for a 3 unit complex at 146 Alice Street. It was explained in the staff report of April 15 that in order to secure sufficient ingress and egress for additional circulation upon a partially completed alley which will be adjacent to the site the Commission made additional recommendations concerning dedication and setback. Reference was made by Councilman Haltom to the modifications which have been granted. He felt it has a crowding of the buildings and questioned how the fireman would get between the fence and the build- ing in case of an emergency. The Planning Director responded in part that the granting of the modification for the setback does not in any way reduce the developer 1 s obligation to comply Iiith the building codes. Councilman Dring expressed concern with zero sideyard setbacks; that code requirements should be enforced in an endeavor to maintain the quality of the community. Councilman Saelid commented in part that he shares some of the con- cerns relating to zero sideyard setbacks however it appears to him that it is not inconsistent with the kinds of concessions which have been made to other R-3 developers with relation to the specific area. He submitted that perhaps one of the real problems of today is that more and more people are turning to condominiums and less to apartments and felt the safety of the area is not being compromised in this instance whereupon he MOVED that the recommendation be APPROVED with all conditions set forth in the ~ission's Resolution No. 1138. Councilman Gilb seconded the motion which carried on the following roll call vote: AYES NOES ABSENT: Councilmen Gilb, Saelid, Pellegrino Councilmen Dring, Haltom None Staff explained that in order to claim funds in the amout of $9.327 (1980-81 SB 821 funds) it is necessary that the Council designate a -7- 4-15-80 LIGHTING ATHLETIC FIELD STREET IMPROVEMENT BALDWIN A V . PHASE I II APPROVED 25:0002 a project that is either a bicycle or pedestrian facility. The staff report indicated the variOUs sites which are being recommended for the wheel chair ramps ... these sites have curbs which are too high for pedestrians to negotiate. Plans and specifications were submitted. The total estimated cost is $18,600 and it was explained these are matching funds. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that plans and specifications fo~ this project be APPROVED and that the City Clerk be authorized to advertise for bids. Funds to supplement the allocation are provided for in the current year's Capital Improvement Projects. Res. No. 4898 adopted later in this meeting. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None 1 Staff advised that by Resolution No. 4891 the City Council had approved and authorized an application be made for funds under the Robert Z'berg Urban Space and Recreation Program for the Civic Center Athletic'Field Lighting Project .. In addition to these funds there are surplus State funds remaining from Phase I of the project - a combined total of $23,100,. Staff was directed to prepare plans and specifications and, they indicate 55 foot high light poles with 1000 w Lucalox Lights. Es- timated costs of the project were discussed with the Director of Public Works explaining that the figures are not locked in. Bids are submitted to the City Council for final decision as to whether or not it desires to award the contract to the lowest responsible bidder. Councilman Dring stated in part that he would like to know how much city money is going to be spent on this project; that it is a large sum of money - he would rather not support the expenditure at 'this time but review it when Council considers the budget for the ensuing fiscal year. He then MOVED to DENY the project at this time and that it be considered again during the budget process. Motion seconded by Councilman Haltom. Councilman Saelid said in part that during ,his six years on the City Council the Director of Public Work's estimates tend to have been on the high side rather than on the low side. He agreed that Council should be made aware of the operating costs before the contracts are awarded .. as to whether or not Council should be spending taxpayer's money for this project he submitted that when you have community based groups and individuals who are willing to sponsor sporting events of this sort which do not require an addition to the staff and they are willing to pay the cost of lighting in terms of ongoing maintenance he felt the expenditure is valid. He could not support the motion but would approve the plans and specifications. Mayor Pellegrino then called for the roll call vote. 1 AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino Councilmen Gilb, Saelid None Councilman Saelid said he would like the information requested on project be made available at the time it is considered as he does want the lighting to be dropped as a result of the motion. this not Staff advised that Federal Aid Urban Funds have been encumbered for Baldwin Avenue Improvement Phase III revised FAU Program Supplement No. 2 adopted by Res. No. 4844 in July of 1979. The revised program provides for a reduction of $22,022 in the City Matching Fund obligation. This -8- 4-15-80 I~nm EMPLOYEES Actuarial valuation approved LABOR RELATIONS (Consultant Agreement) 1 RESOLUTION NO. 4898 ADOPTED " 25:0003 would complete the improvement on Baldwin between Las Tunas and Live Oak Avenues. The funds are made available to the City following dis- tribution of ,169.1 State Funds for Matching Local FAU Funds. The Director of Public Works responded to questions concerning the con- struction of previous phases of the project and said that Phase I was acceptable according to the engineer's standards. It was MOVED by Councilman Gilb, seconded by Councilman Dring and carried on roll call vote as follows that the recommendation be approved and that the Mayor and City Clerk be authorized to execute a revised Program Supplement No.2. RESOLUTION NO. 4899 was adopted later in this meeting. AYES NOES ABSENT; Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The Director of Finance explained that a petititon has been received from 102 retired city employees asking that the contract with the State Retirement System be amended to change the annual cost of living in- crease fIOm 2% to 5% and before any action can be taken a request must be made to the State for an actuarial valuation for the benefit being requested. This report would cost approximately $250 and will take about six weeks. Councilman Dring asked if there would be another way to make the re- quested increase without making it retroactive to 1965 and putting the financial burden on the City, He then MOVED to approve the valua- tion report at a cost of $250 and that a series of questions be raised to the State PERS as to alternatives in the increase of benefits which would not be retroactive to 1965. Councilman Haltom seconded the motion which was carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The Personnel Director explained that the Agreement for Services with Paterson & Taggart expires during the month of April and that a continu- ation of the agreement for another 12 month~ is recommended. There would be no increase in the $900 per month with representations in connection with court proceedings or administrative hearings before the Personnel Board remaining at $75 per hour. In response to a question of Councilman Dring the Personnel Director stated in part that it is possible but not practical to have the Personnel Director and the City Attorney supplement this outside service. Councilman Gilb addressed this subject and said in part that a Person- nel Director has to solve the problems of employees for most of a year and then he would have to act as an adversary during the labor negotiations period; that retaining a professional labor consultant has' been most successful and it provides a better working relationship with the employees. It was MOVED by Councilman Dring, seconded by Councilman Gilb and carried on roll call vote as follows that the firm of Paterson & Taggart and Daniel C. Cassidy be retained for another twelve months at the same fees. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Attorney presented, explained the content and read the title of Resolution No. 4898, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION FOR BICYCLE AND PEDESTRIAN -9- 4-15-80 RESOLUTION NO. 4899 ADOPTED RESOLUTION NO. 4896 ADOPTED TAXES & CHARGES ' (April 26 8 a.m,) '- 25:0004 FACILITIES AUTHORIZED UNDER SB 821 AND DESIGNATING A BICYCLE AND PEDESTRIAN FACILITIES PROJECT." It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Attorney presented, explained the content and read the title of Resolution No. 4899 entitled: '~RESOLUTION OF THE CITY OF ARCADIA APPROVING SUPPLEMENT NO. 2 (REVISED) TO AGREEMENT NO. 07-5131 (BALDWIN AVENUE RECONSTRUCTION, PHASE III, JOB NO. 479), PROGRAM OF LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SUCH REVISION." 1 It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Attorney presented, explained the content and read the title of Resolution No. 4896 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING RESOLUTION NO. 4778 BY AMENDING SECTION 4 TO ESTABLISH FEES FOR MODIFICATIONS FOR NEW R-3 DEVELOPMENTS AND CONDOMINIUM CONVERSIONS." It was MOVED by Councilman Dring, seconded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None FOLLOWING IS A SUMMARY OF THIS CONSIDERATION WHICH WAS EXTENSIVE. TRANSCRIPT IS ON FILE IN THE OFFICE OF THE CITY CLERK. It was MOVED by Councilman Haltom, seconded by Councilman Dring that the City Attorney be instructed to prepare the appropriate ordinances to repeal Ordinance No. 1640 (Sewer Service Charge); repeal Ordinance No. 1642 (Street Sweeping Charges) and to amend Ordinance No. 1645 to the effect that the Utility Users' Tax be reduced from 7% to 5%. Councilman Dring said in part that he had reviewed the March 31, 1980 revenue and expense reports and compared the figures with those of 1 March 31, 1979 and they indicate that the City is running ahead of last year's collections .. he explained, at length, the spread sheet which he had prepared. He said that excessive taxes have built up a surplus in the past and probably are continuing to do so. He continu- ed in part that the City needs a surplus in order to operate but the City does not need to collect taxes in excess of the dollars that are required. He spoke in support of amending the utility users' tax ordinance and repealing the street and sewer charge ordinances. Councilman Haltom withdrew his motion and Councilman Dring withdrew his second. Whereupon it was MOVED by Councilman Haltom, seconded by Councilman Dring that Ordinance No. 1645 be amended to reduce the utility users' tax from 7% to 5%. -10- 4-15-80 1 SEWER AND STREET SWEEPING CHARGES 1 DIESEL SEDAN (Police) 25:0005 Councilman Saelid said in part that each member of the Council realizes the concern about the way taxes are increasing and that a reasonable tax adjustment is needed particularly as it relates to the utility tax. It can be reduced from 7% to 5% but as Councilman Gilb has mentioned periodically - we are gradually shifting the burder of local government to the homeowner and away from the businessman. Many businessmen do not own property in the city and therefore pay no taxes other than the utility tax. He suggested a study session be held devoted to revenue projections. He said he is not out of sympathy with what Councilmen Dring and Haltom are endeavoring to bring about, but he could not support the motion as presented. Councilman Haltom said in part that the people want less taxation and that Councilman Dring has shown where it is financially feasible. He also referred to the 50c surcharge on the water .. that the drought is over now but the tax is still there. Councilman Gilb submitted in part that he looked at Proposition 9 with mixed emotions; that Councilmen must look at things a little bit differ- ently ... they must consider the cost of operation; that obviously some reduction will be made in the taxes but just where he does not know.. and with reference to the business community.. those businessmen who do not live in the community... they contribute nothing to the welfare of the city other than the sales tax and the business license. He would support a reduction in the utility users' tax but not until a study session has been held. Roll call vote: AYES NOES ABSENT: Counc ilmen Dring, Hal tom Councilmen Gilb, Saelid, Pellegrino None Councilman Haltom then MOVED to repeal Ordinance Nos. 1640 and 1642 (sewer service charge and street sweeping charge respectively). Council- man Dring seconded the motion. Councilman Dring submitted in part that the city collects property taxes, sales taxes, gasoline taxes, income taxes etc ... that the subject taxes were imposed without offsetting or reducing taxes elsewhere ... that there is a surplus which continues to increase. Councilman Saelid spoke to this, in part, that he feels the people of the City are not unwilling to pay for services rendered; that observa- tion was based on the evidence with respect to the recreation programs which are being utilized as much as or more than before the imposition of higher costs. He felt it is probably healthier to have some of the costs reflected directly against services performed than it is to have it taken out of a general fund where they really do not have any good handle on what the costs really are. He could not support the motion. Councilman Gilb referred to the sewer maintenance charge and noted the sewers were installed in the late '40's .. that it is now worth about 45 million dollars .. that in the event a problem occurs with the system there would be funds .. however, if it isn't needed .. that is something else. He commented on the amount he pays for street sweeping in another city which is more ... and would like to look at that when the study sessions come up. Roll call vote: AYES NOES ABSENT: Councilmen Dring, Haltom Councilmen Gilb, Saelid, Pellegrino None Councilman Dring MOVED that approval for the purchase of one diesel vehicle for the police department be rescinded. Motion seconded by -11- 4-15-80 DATA REQUEST (Dr ing) EXECUTIVE SESSION ADJOURNED April 26 8 a.m. 25:0006 Councilman Haltom. Discussion ensued on this matter with Councilman Dring stating in part that the need to experiment with the use of a diesel vehicle does not seem to him to be an appropriate use of funds. He did favor providing the police department with a car but not a diesel. Councilman Haltom agreed and submitted his knowledge of the engine. In response to a question the Chief of Police said he would be pleased with a gasoline powered car, however, it was the police position that it would like to test a diesel to see if it would be more economical in view of anticipated changes and that there is diesel fuel available in the fire department. DiSCUSsion ensued on the bid process - that if the motion carried there would be the possiblity that an exchange could not be made with the car dealer. Councilman Dring then withdrew his motion to rescind and Councilman Haltom withdrew his second. Councilman Dring then MOVED to 1 rescind the approval of the diesel vehicle and approve the purchase of a gasoline vehicle. Councilman Haltom seconded the motion. The legal ramifications of this were discussed and Councilman Dring then withdrew his motion with the consent of his second and MOVED to have staff re- quest the car dealer to make the change, if not possible the original order to be fulfilled. Councilman Haltom seconded this motion. Councilman Sae1id commented in part that it appears what Council is dealing with is a recommendation of staff; that staff in the past, in terms of its recommendations, more often than not, bring about efficien- cies " that it is reasonable to question if there has been a real error in judgment, but he ~id not think this is the case in this instance. Roll call vote on the motion: AYES NOES ABSENT: Councilmen Dring, Haltom Councilmen Gi1b, Sae1id, Pellegrino None Councilman Dring MOVED that he be supplied with a detailed breakdown of employee salaries and benefits over the last two years ... he would like this to review along with the budget so he will be more informed. Councilman Gi1b seconded the motion but later withdrew it. Councilman Haltom then seconded the motion. Some discussion held on the need for this data which Councilmen Dring and Haltom said would assist them in their review of the upcoming budget. Councilman Sae1id said in part that he can see a great deal of time involved in assembling this information and suggested if, where there are specific concerns, they could just look at those particular instances and go back a reasonable number of years ... would this not accomplish the same purpose. Councilman Dring said this data would be helpfUl to him. Roll AYES NOES ABSENT: call vote: Counc Hmen Councilman None Dring, Gi1b, Haltom, Pellegrino Saelid 1 At 11:30 p.m. Council entered an executive session. Reconvened at 11:45 p.m, and adjourned immediately thereafter to Saturday, April 26 at 8 a.m. in the Conference Room for budget study. (NOTE: Budget Ho" '0'''''' ..'0 .,", "a~::: ..m.' Mayor ATTEST: ~~ City Clerk -12- 4-15-80