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HomeMy WebLinkAboutMinutes - August 10, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING AUGUST 10, 1988 7:00 P.M. the City Council of the City of Azusa met in adjourned regular session at the above date and time in the Azusa Civic Auditorium. Mayor Moses called the meeting to order and led in the salute to the Flag. ROLL CALL PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Fuentes, Director of Finance Craig, City Clerk Solis, Administrative Clerk Toscano. At the adjourned regular meeting of August 3, 1988, Council adjourned meeting to August 10, 1988 so that staff could meet with Mr. James Edwards to negotiate a compromise as a alternative to including the movie and drive-in theaters under the proposed admissions tax ordinance. City Admipistrator advised that staff's efforts to reach a compromise were unsuccessful. Staff estimated that the admission tax would generate in general approximately $350,000 per year. Of this amount, staff projected that Edwards Theaters would generate roughly $200,000. At the August 8th negotiation meeting, Mr. Edwards offered the City $50,000 as a compromise solution. The amount offered is approximately $150,000 lower than the projected revenue. The City Attorney outlined three options regarding the admissions tax, which were as follows: Option 1. The City could adopt the admissions tax, including movie theaters under the 10 percent rate; Option 2. The City could adopt the, admissions tax, specifically excluding movie theaters from the tax; or Option 3. The City could adopt a revised Ordinance which would enact an admission tax that would exempt theaters and increase the Swap Meet fees and adopt a separate ordinance that would, by adjusting the theater and drive-in business license fee based on.the number of seats, to $11.65 per seat, or space per year and, in addition, accept Edwards Theater's offer of $50,000. Mr. Edwards addressed the Council stating that he had not received his copy of the proposed options until 4:40 this afternoon and asked for explanation. The City Attorney complied. Mr. Edwards expressed displeasure that the City would expect the Edwards Theater Inc. to pay so much money in taxes merely because they are doing business in the City of Azusa. He suggested that the City allow the swap meet to operate on Saturdays as well as Sunday and that would double the admission tax on the swap meet. Call to order Roll Call Also present Statements by Cty Atty re: Options Edwards Theaters Comments J. Edwards Sr. re: adm. tax Mr. -Edwards III addressed the Council stating that the whole purpose of a swap meet was to find bargains and that raising the admission tax would deter people from coming, meaning vendors and buyers. He also noted that since the swap meet could not use the parking lot on the Krems property, they have to provide parking inside the swap meet which eliminated vendor spots and they lost almost -half of the vendors. He again stated that if the price of admissions tax were raised, it would be devastating for the swap meet business. Mr. Lawrence Davidson, attorney for the Edwards Theater, Inc. addressed Council stating that one of the important ingredients needed in a growing City is an environment that will encourage business and one which generates revenue over the long term for the City. He noted that Mr. Edwards had stated that increasing the cost of doing business for the swap meet vendors is going to effectively eliminate that activity as a revenue generating basis for the City. He also stated that expanding the swap meet is a logical alternative for increased revenue for the City, further that by expanding the swap meet for one day would double the revenue and this would require no investment on the part of the City. City Administrator responded stating that the revenue is needed to fund serveral different projects on-going within the City. He observed that in terms of no investment on the swap meet, there are always investment in terms of fire protection, paramedic services, street sweeping services or maintenance as a result of parking. He further stated that if the third option should be approved, the flexibility within the Ordinance should make it easy to reduce fees in the future, if needed. Comments J. Edwards, III Comments L. Davidson City Admin. response After discussion regarding the three options, it was moved Option #3 by Councilman Naranjo, seconded by Councilwoman Avila and adopted carried by roll call to adopt option number three, which would. enact an admission tax exempting theaters and increasing the Swap Meet fee. Mayor Moses dissenting. Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTIONS 3.40.010 AND 3.40.030 OF THE AZUSA Admission MUNICIPAL CODE ESTABLISHING ADMISSIONS TAXES FOR CERTAIN Taxes EVENTS AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, seconded by Councilwoman Avila and unanimously carried by roll call to waive further reading and introduce. Councilwoman Avila offered an Urgency Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Urg. Ord. AMENDING SECTION 5.28.040 OF THE AZUSA MUNICIPAL CODE #2379 INCREASING THE BUSINESS LICENSE TAX ON MOTION PICTURE Inc bus tax THEATERS AND PROVIDING FOR AN ELECTION THEREON. Motion Pic Moved by Councilwoman Avila, seconded by Councilman Latta and carried by roll call to waive further reading, however, since there was not a unanimous vote, the City Attorney read the ordinance in full. He then called for adoption, as an Urgency Ordinance because of time limitation imposed by the County of Los Angeles for placement in the November General Election ballot. He also call for simultaneous action to introduce this ordinance. Moved by Councilman Stemrich, seconded by Councilman Naranjo that Ordinance be adopted. Ordinance passed and adopted as an urgency ordinance and introduced as a regular ordinance by the follow vote, to wit: 08/10/88 PAGE TWO AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE At this time the City Attorney stated that a resolution was Resolution required in order to implement option 3, which changes the changing ballot language for the admissions tax to ready ballot language "SHALL ORDINANCE NO. 2377 WHICH (1) INCREASES 11/8/88 THE ADMISSIONS TAX ON SWAP MEET VENDORS TO Election ' $2.50, (2) ESTABLISHES A .20 TAX ON ADMISSIONS TO SWAP MEETS, AND (3) ESTABLISHES A TAX OF 10% OF THE ADMISSIONS PRICE ON ADMISSIONS TO CERTAIN EVENTS AND PARKING, BE APPROVED?" "SHALL ORDINANCE NO. 2379 WHICH INCREASES THE BUSINESS LICENSE TAX OF MOTION PICTURE THEATERS TO $11.65 PER YEAR PER SEAT OR SPACE, BE APPROVED?" Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8496 AMENDING RESOLUTIONS NO. 8477, 8478, 8479 AND 8480 RELATING Revision TO THE REVISION OF CERTAIN BALLOT QUESTIONS AND THE ADDITION Res. Nos. OF A BALLOT QUESTION FOR THE NOVEMBER, 1988, ELECTION. 8477, 8478, 8479 and Moved by Councilman Naranjo, seconded by Councilman Stemrich 8480 to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE 'loved by Councilman Latta, seconded by Councilman Naranjo Adjourn and unanimously carried to adjourn. CITY bLtRK / NEXT RESOLUTION NO. 8497 NEXT ORDINANCE NO. 2380 08/10/88 PAGE THREE