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HomeMy WebLinkAbout1994 - MINUTES - 2/2/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 2, 1994 A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 2, 1994, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag led by Boy Scout Troop 262 and an invocation by Rev. Jerry Johnson, Lily of the Valley Church of God in Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 28, 1994. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. INDUSTRIAL DEVELOPMENT AUTHORITY, HOUSING AUTHORITY, FINANCING AUTHORITY-No business CLOSED SESSION REPORT: City Attorney reported on matters discussed in closed session, as shown on the Statement of Basis for Closed Session, dated January 19, 1994, and that no action was taken. (Copy of Statement on file with City Attorney, and attached to agenda of this date.) PUBLIC HEARINGS: 1. CUP 5.0653 - SUNWEST SPORTS PARK ' Planning Commission recommends that the Council approve a conditional use permit to Sunwest Sports Park for a batting cage facility and office/pro shop at DeMuth Park, O-zone, Sec. 19. Director of Planning & Zoning reviewed his report, noting the significant elements of the project; that hours of operation will be consistent with the softball games and practices and some extended hours when the park is open; that concerns about traffic, parking and general operation of the park were voiced at the Commission meeting, but the Commission did not (078) think that the project added much to those concerns which already exist; and that an effort to meet with the neighborhood, resulted in none of the neighborhood attending the meeting. In answer to questions by Council, he stated that the site is at the south side of the park, currently not accessible and behind the flood control area and not visible; that if the park were at maximum usage, there might be a minor increase in parking, but there are only 8 batting cages; that the parking in general may need to be addressed; that he thought the Parks & Recreation Commission looked at both the lease and the use permit. He displayed plans showing the site. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. In answer to question by Council, Director of Parks, Recreation&Golf Course reported that the lease site may result in added landscape maintenance; that the lease term is 10 years with two 5-year options; and the improvements become the property of the City at the conclusion of the lease. Councilmember Reller-Spurgin stated she supported the project, and felt that something needs to be provided for kids to do. Resolution 18288 as recommended was presented; after which, it was moved by Refer- Spurgin, seconded by Lyons, and unanimously carried, that R18288 be adopted. Council Minutes 2-2-94, Page 2 2. TPM 27859 -TEEL Planning Commission recommends that the Council approve a tentative parcel map to combine Lots 2 and 3 of Tract 22396 into three lots, located on the NW corner of Ramon and Pasco Dorotea, M-1, See. 18, Joy Marguerite Pierce Teel. Mayor stated he has a property interest in the area, and would abstain, and turned the meeting over to Mayor pro tem Reller-Spurgin. Director of Planning & Zoning briefly highlighted his report, noting that the site is located across the street from the airport car wash; and in answer to question by Council, stated that t ll9- although the project was approved sometime ago, the applicant only recently submitted the 001) tract map. Mayor pro tem declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 18289 as recommended was presented; after which, it was moved by Schlendorf, seconded by Lyons, and unanimously carried, Maryanov abstaining, that R18289 be adopted. INTERAGENCY REPORTS: a) Councilmember Schlendorf reported that Smnline Transit held an urgent meeting on followup on the bus deliveries and reported thereon, and that complaints concerning scheduling have been passed on to Sardine and will be brought up again; she;reported on Sungas and explained the compressed natural gas program offered through the Gas Company, noting that the new buses have very good compression, power and mileage, and all will be handicap equipped; she reported on the Transportation Committee meeting, at which Palm Desert and Palm Springs made presentations concerning the railroad station location, in order for therm to be prioritized; and reported on SCAG Transportation committee meeting, in that funds may be sufficient to recover from the earthquake, but other projects may be delayed. , b) Councilmember Hodges reported that at the Executive Committee of CVAG, the City Manager and Economic Development Director made a very good presentation, as did Palm Desert, and alter that Palm Desert indicated that Palm Springs' presentation should be supported, and the Executive Committee voted to make recommendation to the Riverside County transportation Commission that ]Palm Spring be the lead agency, and Palm desert as second, if additional funds are; available; and she noted there will be a meeting with SCAG and all elected officials on February 18. c) Councilmember Reller-Spurgin reported that she, the City Manger, Police Chief and Mr. Rafetto met regarding the Mt. Police fundraising and are asking that April be declared Mounted Police Month. She stated that only thrree donations have come forward, and reminded everyone that the group is a volunteer organization,providing a community service, and she urged supporting that designation. d) Mayor reported that LAFCO denied the appeal of the City's recent annexation, and found in favor of Palm Springs. PUBLIC COMMENTS: a) The following represents the nature of comments speaking in opposition to the proposed citywide parks and safety lighting maintenance district: -a 50% protest is unfair, and not attainable;property owners should be asked if they ' want to pay higher taxes, or cut employee salaries; city employees' salaries are higher t 139- than the average person in Patin Springs; and a charter approval would only give the 004) Council more authority to raise taxes. -people did not understand the notice they received, and that if they do not protest, it will be approved; assessment will be imposed for a long time; assessmment will increase each year by 2%, and the same 51% protest would be required if it were increased more than 2%; a fair tax should be proposed that everyone can vote on. r r, Council Minutes 7 2-2-94, Page 3 a) Continued: -property owners alone should not pay the full cost; a utility user, or sales or other type tax on a broader basis would be more equitable. -unfair that apartments pay more than hotels;unable to recover assessment under rent control; City subsidizing low income project which compete with un-subsidized projects; competition for tenant has resulted in reducing rents below that of several years ago. -voters should approve new tax, or the assessment. - apartment rents are limited to 2% increases, yet waste disposal, cable and other services are up 8-35%; cash flows do not cover extra costs; landscaping will suffer; aging buildings and failing equipment issues are not being addressed. - Council is not addressing needs of the community; people are making less income than several years ago. Dick Sroda, resident Andrew (?), realtor Karen Aguilar, President of the P.S. Board of Realtors Anna (?) resident, San Miguel Bill Williams, N. Cerritos Earl Kendall, Stevens Road Linda C. Lee Debby Scott, Wayne Road Richard Kirk, Tahquitz Canyon Way Karl Andres, Via Entrada Kelly deSalle (?), Ramon Road Fred Ebeling, Tuscan Road ' Carol Cole suggested the City take over the taxicabs, and bring in $400,000 each year. Eric Meeks submitted information to the City Manager, which he stated would enable (138— the City to broadcast live the hearing on the assessment district on February 23. 004) James Jones stated he was quoting comments of Councilmember Lyons from December 15 minutes, and expressed a strong feeling that Mr. Lyons should abstain because of his comments and that he felt Mr. Lyons would benefit from the assessment; and that he did not think the 1972 assessment law is intended for this purpose. Clyde Greeko also suggested Mr. Lyons abstain, because he felt he had a conflict based on statements he made and as a merchant, he will benefit; and that he agreed the parks are worthy,but the people should vote on something that everyone will have to pay. The following represents the nature of comments speaking in favor of the proposed citywide parks and safety lighting maintenance district: -downtown is a good example of the Council's vision and emphasis on improving the city's infrastructure, and the maintenance district is a key element in the overall plan to achieve that infrastructure; that fiscal responsibility has also been stressed, and the ' district goes along with that; that maintaining the infrastructure financially benefits the community; and that the money will not be available to start over. -the cost of running the city is more than it was five years ago; supporters have spent many months looking for alternatives to maintain the parks and pool; that funds are limited for that purpose only, and catmot be designated for General Fund use; that protesters should offer a viable alternative and work to bring it forward. -parks will have to close, and property value will decrease; that it is in the city's best interest to have clean, green, and attractive parks and functioning pool, to attract residents and visitors. Council Minutes 2-2-94, Page 4 a) Continued: - information workshops were poorly handled, and did not allow for questions and answers, and people who were protesting were milling around, while others were waiting to talk with people at the "booths." -Council should follow the task force recommendation for enhancement, so the parks , are green and not just maintained as brown grassed areas; street lighting should be removed from the assessment charges; apartments should be capped at a set limit; draught landscaping in medians should be insudled. - if the district is not approved, there needs to be an alternative plan in place. - Council needs to stand firm, and not give in to popular views. - letters and petitions of supporters were filed. Anita Chatney Jean Aubrielle, Cypress Street Laura Daniel, Kitlyhawk Joan Smith, Via Escuela (138- Ann Lebo, Granvia Valmonte 004) Cathy Hallock, Sonora Road Al Lebo, Graniva Valmonte Bire (?) Crafton, Lynn Circle Gamine Barr (?), P.S. Youth League Gil Aubrielle, Cypress Street Michelle DiPietm, Racquet Club Road Fran McNeel, Jaques Road b) Comments concerning Item G: Marvin Roos, Mainiero Smith, asked that the Council concur with the concept of the (In- agreement proposed, details of which have not been concluded, so the escrow can 092�) close and letter of credit be provided per specification and language of the City (13 7- Attorney. On) LEGISLATIVE ACTION: 3. COUNTY WECS 24 Planning Commission recommends that the Council agree to waive height limit for a WECS redevelopment project on Bureau of Land Management site by San Gorgonio Wind Associates to allow maximum height of 200 feet, and finished off-white color, and to recommend approval of County WECS permit No. 24, for Wintech Ltd. Director of Planning & Zoning highlighted his report, and noted that the same amount of electricity will be generated, however, the number of turbines will be reduced. In answer to question by Council,he stated that he was not aware of any opposition to the projeet,and these are no residents nearby. Resolution 18290 and 18291,both revised for minor changes, were presented; after which, it was moved by Hodges, seconded by Scldendorf, and unanimously carried, that R18291 and 18291 be adopted. 4. COUNTY CUP 20.135 - KING'S SCHOOL Planning Commission recommends that the Council comment and recommend approval of a ' County use permit to expand the former Palm Valley School. Director of Planning&Zoning detailed his report, noting that the school abuts the City limits (123- and takes access from Bolero Drive; and that the recommendation for approval includes 005) relocation of the maintenance facilities and trash area away from the Palm Springs limits side of the property. Resolution 18292 as recommended was presented; after which, it was moved by Schlendorf, seconded by Lyons, and unanimously carried, that R18292 be adopted. rt n ` y Council Minutes 2-2-94, Page 5 5. MUNICIPAL CODE AMENDMENT-BUSINESS LICENSE TAX Recommendation: That the Council amend the Municipal Code to add section to identify swap meets as subject to the business license tax, and establishing a rate of$2 per day, per space. Director of Finance reviewed his report, and stated that the$2 per space, per day is standard in the industry, and if all spaces were rented all of the potential times, the revenue would be $190,000; that the owner has built into the rules for the collection and reporting and payment to the City on a monthly basis, and the Finance Department will perform spot checks for accuracy; and that a typical retail business license tax is $67 per year, and if that typical retailer were to establish a second location they would likewise pay an additional tax, and also the daily rate if they rented one of the booths at the swap meet. Director of Planning&Zoning reported that the developer hopes to start the project soon, and be open next season or earlier. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (064- AMENDING CHAPTER 3.84 OF THE MUNICIPAL CODE AND ADDING 003) SUBSECTION 3.90.210(aa)TO INDICATE THE BUSINESS LICENSE TAX FOR SWAP MEETS. It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 6. TRACT 27674/PD 226 - BLW CONSTRUCTION INC. - SANDSTONE VILLAS Recommendation: That the Council approve an agreement with BLW Construction Company to provide for the transfer of 240 acres of land in Blaisdell Canyon, thereby modifying condition of approval concerning dedication of land for the above cases, A_ Mayor stated lie would abstain due to property interest in the area, and turned the meeting over the Mayor pro tern Reller-Spurgin. Director of Planning & Zoning reviewed his report and stated that staff recommends this matter be.continued for two weeks; that he felt acceptance of the proposal is appropriate and (116- it fulfills the intent of the condition; that the agreement is not ready, is very complicated, and 093) the developer would like Council's concurrence that it is moving in the right direction, and it can proceed with the escrow closing. In answer to question by Council, City Attorney stated that the final map approval is a statement that all conditions of the tentative map are satisfied, or that a security in-lieu of compliance can be taken; that the agreement is such security, and in-lieu of a letter of credit to secure performance for the land acquisition,a second parcel for acquisition is an option,and although the final map could be approved,recordation could not be withheld;that the problems with the agreement language are solvable, however, there is the problem of the need for escrow to close, and the developer's concern is that if they proceed with the escrow, the Council may not proceed with the agreement and they want to be certain the Council is satisifed before proceeding. Councilmember Hodges stated she would like to see the escrow close before the matter comes back to the Council. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, Maryanov abstaining, that the concept is acceptable, and staff proceed with bringing the agreement to completion, and brought back to the Council February 16, 1994. 7. TRACT 27674 - BLW CONSTRUCTION INC. Recommendation: That the Council approve final map for Tract 27674 to divide property for condominium purposes at 1900 S. Palm Canyon Drive, Sec. 26. It was moved by Schlendorf, seconded by Lyons, and unanimously carried, Maryanov (137- abstaining, that this matter be continued to February 16, 1994. 088) Council Minutes 2-2-94, Page 6 S. INITIATIVE MEASURE- CALPAW'94 Recommendation: That the Council support the Californians for Parks and Wildlife Initiative Measure of 1994, which will appear on the June ballot and, if approved, would provide funding for projects throughout the state. City Manager highlighted the memorandum of Assistant City Manager. Councilmember Reller-Spurgin questioned what impact this will have on people, and how ' much they will pay. Councilmember Schlendorf stated that this is a process so voters can decide, and if approved, (098'- it will bring a lot of money to the Indian Heritage Park; that some of the bond issue will be 001) funded by personalized license plates, and the concept was for the Council to endorse placing it on the ballot for the voters to choose. It was moved by Lyons, seconded by Reller-Spurgin,and unanimously carried, that this matter be continued to February 16, 1994, in order to receive additional information. 9. 1994 MUNICIPAL ELECTION - CHARTER CITY On January 19, 1994, the Council requested that discussion and or direction concerning proposed charter be continued to this date, with actions appropriate to place the measure on the 1994 June election. City Attorney stated that a request has been received for employees to meet and confer (083- concerning the impact of the charter, and he suggested continuing this matter in order to 001) complete the process. It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that this matter be continued to February 16, 1994. 10. CANYON DEVELOPMENT (Ord Intro. 1-19-94) ' City Clerk read title of Ord 1466 approving the development agreement with Canyon Development, A3336, and Ord 1467, amending the Zoning Map concerning the; Canyon Development; after which, it was moved by Lyons,seconded by Schllendorf, and unanimously carried, Maryanov abstaining that Ordinances 1466 and 1467 be adopted. 11. EUDGET/FINANCING ISSUES Discussion and/or action if any concerning alternative financing issues; parks and lighting maintenance district formulas and assessments, and ballot issues. City Manager reported that the task force report recommended eliminating administration overhead costs, which be did not recommend. A copy of the report is on file with the City Clerk. Councilmember Lyons stated that public comments accusing councilmembers of senility, conspiracy and impugning their honor is abusive, and he did not Lake on the job to get such abuse; that his motives about his proposal and what apartments would pay were pare; that he would like to see a sunset clause; that he did not know what the impact world be on his (138- business no matter which way the decisions go; that lie has conferred with the City Attorney, 004) and has been advised that he does not have a conflict of interest; that the community is facing a crisis and something must be done; that no funding will decimate government; that ideas about parking meters will result in driving people down valley even more so; that no one else has come up with other solutions;that the city government is not allowed to simply shut down, ' but is bound by certain laws, including meet and confer with employees, and the issues are very complex and the Council is trying to deal with them as fairly as it can; that the assessment district is not being put forth as better than a utility tax, but the revenue must be made up, and he is willing to reduce the amount to such a degree that the Council would still have to come up with $2.+ million in additional cuts, and to restnicture the systems; that he feels the proposed charter will solve the main problem of running government like a.business, and could possibly save $600,000 in prevailing wage mandates; that the Councilmembers are not ogres or senile, rather they are grappling with a serious situation and listening to the public's input; and that he feels the apartment owners are being inordinately hit by the proposed amounts of assessments, without caps. n . . 2 Council Minutes 2-2-94, Page 7 11. BUDGET/FINANCING (Continued) City Manager asked if the Council wished to direct that it is looking at an EDU of .5 for apartments, $80 EDU for single-family, and a $2,500 cap on all parcels or only apartments; which would generate $2.586 million ($3.1 million originally proposed by the district.) Councilmember Lyons stated he would like to add a sunset provision and a review after one year. City Attorney stated that a sunset provision can be added to the assessment district at the outset. Councilmember Reller-Spurgin stated that the key issue is the fact that the Council is holding a public hearing and no decision has been made; that she wanted to hear from everyone; that her concerns are fiscal responsibility, maintaining services, and coming up with a balanced budget; that the Council is the leadership of the cormnunity,and is acting to solve the problem; that she favored placing an advisory vote on the ballot on the utility tax; that the Council said it would do that if it was needed; that options include a budget, partially supported by the assessment district and utility tax; no utility tax, but the assessment; or no tax at all and face cutting $4-$5 trillion in more cutes; that if the enterprise funds and safety positions are retained, it would leave 218 other employees and 120 would have to be eliminated to meet that deficit amount; that she was willing to listen, but was not willing to remove the tools that will help the Council with the budget,nor to remove those tools from future Councils. She pointed out that the task force originally recommended not only maintenance,but beefing up the parks as well. Councilmember Schlendorf favored having the task force look at what it would recommend if the final assessment revenue were the $2.5 million. Mayor stated that he would like the task forte's input, as well as it working with the Parks& Recreation Commission, and to keep the parks green, not brown as they have been. Councilmember Schlendorf stated that the EDU as a percentage of acreage was not denoted in the December 15 report; that 80% of the population would have to oppose in order to achieve a 50% protest of the acreage; that Palm Hills represents about one-half of the city's land mass, and only 25% of it is accessible; and she proposed the assessment district go to an advisory vote. In response to questions,Director of Finance reported that information which relates acreage to EDU can be obtained, and the initial report focused on single-family residence as an EDU and assessment of $90.17, and applied regardless of the parcel size; that he would have to check on inclusion of Palm Hills,a major of which is exempt, as well as whether acreage over 10 acres (which is the maximum assessed) is also included in the acreage protest amount. Mayor pointed out that the assessment district process is a legal process; that a 51% protest would be difficult,and although he.did not have a particular percentage in mind,he would not be looking at exactly 51%; that he wanted to hear from everyone, and see how many people are opposed; that cormnents have been made to support a utility tax, however, when the Council imposed it, there was only opposition to it, and it will sunset in June; that it would (138— be hard to imagine that if the Council dropped the assessment and proceeded with a utility tax 004) that the same people would not oppose it; that the Council is listening to people, and they can record their vote; that a 2/3 voter approval is rather undemocratic,; that property values are affected by the parks, and everyone is affected by property values, and if the parks are allowed to be closed and deteriorate, everyone's property value will decline; that he did not think$80 or a $2,500 maximum would decline property value; that arguments have been heard about rent control and that is a separate argument; that the Council cannot control rent control, as it was a voter initiative,and can only be changed by initiative;and that some suggestions have been made to help alleviate cost and those should be looked at; that he regretted rude and boorish comments, recognizing that people should voice their opinions, but need not be abusive; that he favored a $2,500 cap on apartments, and based on one-half of an$80 EDU, and that the maintenance include keeping the parks green; that he will vote from that basis after all protests are submitted; that the future is bright and not bleak, although it may be 2-3 years before revenues are derived; that a local sales tax is not air option, only the assessment of utility tax; that he would not oppose a sunset after two years, and another Council would have to go through the same process to reimpose it; that he wants to hear from those who think there is another source to come up with the funds and if it is a utility tax, that they would Council Minutes 2-2-94, Page 8 11. BUDGET/FINANCING (Continued) be willing to go out to and get it passed; and that he wanted to see the;committee set up and every segment represented and to move forward quickly. Councilmember Reller-Spurgin stated that the Council needs to continuing showing the community that it is trying to reduce the overhead, but should be carefal not to demoralize the staff like last year; that morale needs to stay up as much as possible, and last year the employees went through a lot and it is not fair; that what they make is what they make and they are trying to do a good job, and it is important to keep thoughts and emotional aspects in mind, and to revamp and decrease where possible. Mayor agreed that the City has a good and hardworking staff, and by far the greatest majority doing more than pulling their weight; that it is harder to reduce scales and cut, than to impose no upward movement; that some changes were made in health insuraince and employee paid retirement benefitting the enterprise fund and general funds; that a salary comparison study is needed to validate opinions concerning compensation levels; that salary levels were not increased, however, he did not know if salary levels were high, low or median; and that he did not doubt that employees are doing a good job and he appreciated that they give 100% to the City and take abuse because of the economic times. He restated various cuts and changes that the Council has made over the past year, and noted that others have expressed pleasure at the changes that have been made. Councilmember Schendorf stated that the $1.8 million budget for the:parks will be replaced with assessment district revenue, and that it becomes a "shell" game, and she would like to see a budget that if the district were in place it would augment the parks budget; that .she felt the task force could come up with such a budget; and she moved for approval of placing the advisory vote on the ballot, with such a budget as the proposal. Councilmember Reller-Spurgin questioned how the budget will be balanced if the district is not approved. Councilmember Schlendorf stated that she thought it fair to let voters know that there is a $5 ' mullion deficit that this might make up only $1 mullion of it; and that the task force should come up with a proposal to show that the funds are not replacing General Funds, rather are augmenting those. Councilmember Lyons stated that he was willing to go with the advisory vote, but at this point was not willing to go with whatever the task force might come up with. Mayor stated that the process is still moving forward; that if the district is approved, the funds be dedicated for parks and cannot be used for anything else; that he did not know at this time 138- how much General Funds he would support going to parks, nor is it known at this time how 1 004) much will remain for other city services; that he did not favor carving out a block of funds 004) from the General Fund without looking at the total budget; and he favored completing the hearing process. City Attorney reported that regardless of the advisory vote, the assessment district cannot proceed without the hearing; that the Council could complete the hearing, and defer adopting final resolution until after the advisory vote; and that if the legal process is stopped, it would have to start over in order to proceed. Councilmember Schlendorf amended her motion to delete reference to a proposed budget, and recommended that assessment district proceedings be continued until after the vote. Councilmember Hodges stated that it is important to allow the voters to have choices, and the utility tax should also be on the ballot. In response to questions, City Attorney stated that as an advisory question, the Council may interpret the results, and not be bound by the vote.; that if the utility tax is placed as seeking approval of a new specific rate, it would either be enacted or not depending on the vote, and the Council would legally retain its authority to adopt some other ordinance on its own motion, without placing it on a ballot. Council Minutes 2-2-94, Page 9 11. BUDGET/FINANCING (Continued) Cotmcilmember Hodges stated that the intent of motion was to place whether the utility tax should be imposed, not leaving it with the Council retaining ability to proceed anyway if the question is defeated; and that she did not believe it was the Council's intent to do so when it approved the imposition of the tax for 93-94, nor would she support anything like that. ' Mayor stated that he would vole for a tax again and seek voter approval, but did not believe in attempting to bind future Councils. The following motions were adopted and/or failed to carry, as follows: Motion by Schlendorf, seconded by Hodges, to place the citywide parks and safety lighting district on the June 7 ballot for an advisory vote, carried by the following: AYES: Hodges, Lyons, Reller-Spurgin, and Schlendorf (138- NO: Maryanov 004) ABSENT: None Motion by Hodges, seconded by Schlendorf, to place the utility tax on the ballot for voter approval (not as advisory measure), failed to carry by the following vote: AYES: Hodges & Schlendorf (140- NOES: Lyons, Reller-Spurgin&Maryanov 007) ABSENT: None Motion by Reller-Spurgin, seconded by Lyons, to place a 3% utility tax on the ballot as an advisory measure, carried by the following vote: AYES: Hodges, Lyons, Reller-Spurgin, Schlendorf&Maryanov NOES: None ' ABSENT: None Councilmember Hodges noted that while she preferred the prior motion, at least the voter would be given an opportunity to express their preference concerning a utility tax. She also stated that she did not think it appropriate to deal with caps or other changes to the parks district formulas until the hearing, and that protests will be based on what was originally noticed. She noted that a$2,500 cap on apartment assessments results in a smaller percentage for those who have more apartments, than for smaller apartment complexes which would not benefit from the cap. There was no further discussion concerning the assessment district. CONSENT AGENDA; 12. Res 18293 approving agreement with EBP HealtbPlans,Lic. for administration of the city's (110- self-funded dental plan and the run-out of the terminated self-funded medical programs, 007) A3337. 13. See Item 16. 14. Res 18295 approving claims & demands (086) 15. Res 18296 amending the budget to appropriate funds from the Parking Fund to the (061- Redevelopment Agency (see CRA item b) above). 015) ' It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that Resolutions 18293 through 18296, excluding 18294 and MO 5306 be adopted. r Council Minutes 2-2-94, Page 10 16. FIRE DEPARTMENT FEE COLLECTION Recommendation: That the Council award contract for billing, collection and accounting services for Fire Department service fees to Paper Chase, for not to exceed$24,000, A_ and amend the budget to provide funds therefor. Fire Chief reported that the services are to be provided during the initial break-in period, and (08.1_ ' the company was selected based on its familiarity and knowledge of city accounting functions; and that an RFP for third party billing,collection and accounting services will be issued during this period; and that the services will be paid for from generated revenues. Minute Order 5306 and Resolution 18294 as recommended were presented; after which,it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that MO5306 and R18294 be adopted. ADDED STARTERS: (Determine eligibility for consideration) - None REPORTS &REQUESTS: 16. DEPARTMENTAL REPORTS Treasurer's Monthly- Received for filing, November, 1993 (121- 002) CITY COUNCIL reports or requests a) In response to question by Councilmember Hodges, City Attorney reported that the School District is an agency of the State, and therefore, exempt from local regulation (reference a rotating kiosk), and that such compliance is a cooperative effort, but not a mandate. b) Councilmembers Hodges and Feller-Spurgin agreed that the February 23 meeting should be live-broadcast, and not tape delayed, and staff should followup on suggestions which were made to make that happen. c) Councilmember Scllendorf stated that she previously requested that Mondays not be scheduled for added Council events, however, all of the joint meetings with commissions have been scheduled for that weekday, and asked that more versatility be considered as to the weekday so she will be able to attend a portion of the time. City Manager noted the schedule was made up through October, 1994, and he will review it. PUBLIC reports or requests a) Eric Meeks commented again concerning broadcasting the hearing on February 23 from the High School, and noted that the cost could be$2,000-3,000,and the biggest cost relates to the modulator, which he felt could be eliminated by using the spare modulator at the Library. b) Howard Lapham stated he thought the utility tax would have to be extended; that it will be five years before the Council sees any meaningful net from projects like the Classic„ Canyon or wind energy. c) Fred Ebeling agreed the February 23 hearing should be broadcasted live; that he thought the Council should be recalled; and that he has not been able to obtain ratings given by the committee re PEG access. STAFF reports or requests - None ' ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to February 9, 1994, 7:30 p.m., Council Chamber preceded by Closed Session at 6:30 p.m., Large Conference Room, City Hall. - -- ? (_ UDITH SUMICII �JCity Clerk