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2001 02 20 CC Minutes LA QUINTA CITY COUNCIL. MINUTES FEBRUARY 20, 2001 A regular meeting of the La Ouinta City Council was called to order at the hour of 2:00 p.m. by Mayor Perle. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Per~a ABSENT: None PUBLIC COMMENT - None - CLOSED SESSION 1. Conference with legal counsel - pending litigation - Center for Biological Diversity, etal V. Bureau of Land Management, Case No. C-O0-0927WHA-JCS, U.S. District Court Northern California District - pursuant to Government Code Section 54656(9)(b)(1 ). Council receased to Redevelopment Agency end to Cloeed Seuion to end until the hour of 3:00 p.m. Mayor Pe~a led the audience in the Pledge of Allegiance. PUBUC COMMENT Fred Wolff, 77-227 Calla Ensenada, urged reconsideration of Council's action taken on February 6, 2001, for the hotel project submitted by Santa Rosa Plaza. He stated many residents are upset by the height of the hotel and that a referendum drive is underway. In response to Council Member Adolph, City Attorney Jenson advised the Council's Rules of Procedure have a provision for reconsideration but the seven-day deadline for requesting the reconsideration has expired. She noted the Specific Plan approval allows the developer to build the hotel up to a specific height and it would be up to the developer at this point to build to a lower height. City Council Minutes 2 February 20, 2001 CONFIRMATION OF AGENDA City Manager Genovese asked that the presentation by Waste Management of the Desert be taken up at 3:00 p.m. instead of 7:00 p.m. ANNOUNCEMENTS - None PRESENTATIONS Mark WaJserman, Vice President of Municipal Marketing for Waste Management of the Desert, gave a brief presentation on their activities in La Quinta. He noted new services this past year include bulky-item pick-up and customer service monitoring. In addition, automated recycling containers will be added this summer. In response to Council Member Sniff, Mr. Wasserman advised Edom Hill Landfill is scheduled to be open to 2004. As for where the City's trash goes after that, he stated it is up to the City and noted Waste Management is building a transfer station in Cathedral City. Council Member Henderson stated she is not pleased with the height increase allowed at Edom Hill. In response to Council Member Perkins, Mr. Wasserman stated automated recycling containers will be made available to gated communities. Mayor Per~s commented on the problem the City is still having with trash containers being left on the street after trash pick-up day. He complimented Waste Management on their community involvement and achievement awards. Lucia Moran expressed appreciation for Waste Management's involvement with the Greater Coechella Valley Soap Box Derby. WRITTEN CORRESpONDENCE 1. CORRESPONDENCE FROM COACHEI. LA VALLEY WATER DISTRICT (CVWD) REGARDING WATER MANAGEMENT PLAN. Mayor Per~a suggested CVWD make their presentation during the upcoming Joint City Council/Planning Commission Meeting. City Council Minutes 3 February 20, 2001 Council Member Henderson noted there are a lot of important issues on the joint meeting agenda that could take some time to discuss. After a brief discussion, Council concurred to schedule CVWD's presentation during the upcoming Joint City Council/Planning Commission Meeting. APPROVAL OF MINUTES Council Member Henderson noted a correction on Page 6, fourth paragraph from the bottom - AB939 should be changed to Art in Public Places. MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of February 6, 2001, es corrected (changing AB939 to Art in Public Places on Page 6, fourth paragraph from the bottom). Motion carried unanimously. CONSENT CALENDAR __ 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 20, 2001. 2. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR DECEMBER 31, 2000. 3. TRANSMITTAL OF TREASURER'S REPORT FOR DECEMBER 31, 2000. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28964, RANCHO FORTUNADO. (RESOLUTION NO. 2001-12) 5. APPROVAL OF AN ART PURCHASE AGREEMENT WITH THE NAVARETTE STUDIOS FOR ARTISTIC COMPONENTS FOR JEFFERSON STREET BRIDGE. 6. APPROVAL OF A CONTRACT SERVICES AGREEMENT FOR LEGAL SERVICES. 7. DENIAL OF CLAIM FOR TED J. ROSALLE, DATE OF LOSS, DECEMBER 25, 2000. MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and with Item No. 4 being approved by · '-- RESOLUTION NO. 2001-12. Motion carried unanimously. MINUTE ORDER NO. 2001-22. City Council Minutes ' 4 February 20, 2001 BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT OF TWO COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. Community Services Director Horvitz presented the staff report. Council Member Sniff commented on the amount of money spent over the budget last year because the base for the art piece was not included in the negotiated price. Council Member Perkins respectfully declined an appointmentto this committee. MOTION - It was moved by Council Members Sniff/Henderson to appoint Council Members Adolph and Sniff to serve on the Civic Center Art Purchase Committee, and to authorize a 10% contingency over the $7,500 budgeted amount if needed. Motion carried unanimously. MINUTE ORDER NO. 2001-23. 2. CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER TO SERVE ON THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Adolph to appoint Council Member Perkins to serve for three meetings on the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried unanimously. MINUTE ORDER NO. 2001-24., 3. SECOND READING OF ORDINANCE 352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGE OF ZONE 2000-096, REZONING CERTAIN PROPERTIES FROM LOW DENSITY TO VILLAGE COMMERCIAL (VC) ON APPROXIMATELY 4.99 ACRES LOCATED AT THE NORTHEAST CORNER OF AVENUE 52 AND DESERT CLUB DRIVE AND SEVEN PARCELS LOCATED ON EISENHOWER DRIVE, SOUTH OF CALLE TAMPICO (CHAPMAN GOLF DEVELOPMENT L.L.C. AND CITY OF LA QUINTA). City Council Minutes 5 February 20, 2001 It was moved by Council 'Members Sniff/Adolph to adopt Ordinance No. 352 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Perle NOES: None ABSENT: None ABSTAIN: None Council rece.~l to Redevelopment Agency meeting. Council reconvened. STUDY SESSION 1. DISCUSSION OF ENHANCED FIRE AND EMERGENCY MEDICAL SERVICES AND UGHTING AND LANDSCAPE SERVICES. A brief staff report was presented by Finance Director Falconer and Building & Safety Director Hartung regarding enhanced fire and emergency medical services. In response to Mayor Pefla, Mr. Hartung advised American Medical Response (AMR) has exclusive ambulance rights in La Quinta. John McLaughlln, Riverside County Fire Department Division Chief, explained AMR's exclusive rights were grand-fathered in through a lawsuit and followed up by State legislation. He stated the County's Emergency Medical Services Agency (EMS) can give permission for transport service but they have been reluctant to do so. He noted the ambulance services for Indio and Cove Communities were in place prior to the lawsuit and legislation. In response to Council Member Sniff, Chief McLaughlin stated the County would work with the City in providing new ambulance services should AMR cease doing business. In response to Mayor Pefla, Chief McLaughlin confirmed Cathedral City has its own ambulance service. He noted many areas have implemented a paramedic squad without transporting rights. He stated in an emergency situation, AMR must give permission before an alternate ambulance service can transport within AMR's area. City Council Minutes 6 February 20, 2001 In response to Council Member Sniff, Chief McLaughlin explained the transition process that takes place when fire department paramedic services arrive on the scene prior to ambulance services and advised it is a smooth transition. In response to Council Member Perkins, Chief McLaughlin stated Indio has an agreement with AMR to serve as back-up if an AMR unit is not available. In response to Mayor Per, a, Chief McLaughlin stated the number of ambulances provided by Cove Communities is baaed on population and call load. Council Member Sniff noted a four or five-minute delay waiting for an ambulance could be life threatening and Chief McLaughlin advised that is when fire department paramedic services can provide interim care until the ambulance arrives. In response to Council Member Sniff, Walter Andrews, speaking on behalf of the Riverside County Executive Office, explained how "no-low" property tax is allocated to the City by the County. He stated the Structural Fire Tax and RDA Pass Thru funds are not included in that calculation. He stated if they were included in the calculation, the City would not receive "no-low" property tax monies that presently are in an amount significantly higher than the $188,000 kept by the County. He advised Government Code Sections 25642 and 25643 allow the County to determine the level of fire protection for the City and use whatever resources it chooses to fund those services. In response to Mayor Peris, Mr. Andrews stated the Riverside County Fire Department owns the buildings and equipment and contracts with the California Department of Forestry for personnel to provide fire protection. In response to Council Member Sniff, Mr. Andrews stated since the County gives the City money through the "no-low" tax laws, it does not feel it is appropriate to give the City a 100% refund of the surplus. He stated if a contract agreement is not reached this year with the City, the County will keep the 9294,532 surplus amount. He noted the proposed contract with the County for this fiscal year would cap the refund amount at 9188,000 and the City would have access to the remaining 9106,532 in a trust fund to use for capital facilities and equipment. City Manager Genovese confirmed there is some merit to the argument presented by Mr. Andrews. He noted the City currently receives 9400,000- 9500,000 of "no-low" property tax monies and would lose that amount to gain 9188,000 if the City were to detach and have its own fire department. City Council Minutes 7 February 20, 2001 In response to Council Member Adolph, Mr. Andrews advised the City, not the County, is legally responsible for providing fire services in La Quints, either through a City fire department or by contracting with the County. He added that responsibility includes the provision of fire stations and equipment. He felt the County has been more than generous in funding the City's fire program beyond the amount of money collected through taxes. Council Member Adolph commented on the difficulty of explaining to residents why they should pay a fire tax when they already pay for fire protection services through property tax bills. In 'response to Council Member Henderson, Mr. Andrews stated in the past it has not been beneficial, to the City or County, to have a contract. The purpose in considering a contract now is because the City wishes to enhance its fire. services at a cost that will exceed the tax dollars provided. Council Member Henderson noted the City is considering options to increase fire services because the residents have requested it and if the City decides to ask its residents to pay for fire services it will be for those enhanced services and __ not the baseline services proposed by the County. Council Member Sniff asked if the $188,000 is being used in the unincorporated area of the County, to which Mr. Andrews responded yes. Council Member Adolph asked if the County Fire Department expects to receive any of the surplus funds found in last year's County audit; to which Mr. Andrews responded no. In response to Council Member Perkins, Chief McLaughlin confirmed under the regional response system each fire station has a five-minute response radius, which could result in the new station covering part of Indian Wells just as the Indio station covers part of La Quinta. He felt it is extremely practical for the City to have a third fire station and noted North La Quinta is not receiving the same level of response provided to other parts of the City. In response to Council Member Henderson, Chief McLaughlin explained the Bermuda Dunes fire station was relocated to Sun City because of growth and long-term planning. He added the Bermuda Dunes station is still open and staffed by an active volunteer group. In response to Council Member Sniff, Chief McLaughlin stated the five-minute response time begins when the fire station receives the call from dispatch. City Council Minutes 8 February 20, 2001 In response to Council Member Adolph, Fire Chief Cooley advised the statistical information in the quarterly report includes calls from the two La Quinta fire stations as well as stations in the surrounding cities. Robert Tyler, 44-215 Villeta Drive, noted most of the City's recent growth has been in North La Quinta and encouraged the City to ensure that area has adequate fire and emergency medical services. He further noted Indian Wells' residents are not charged for ambulance/paramedic service. Council Member Henderson observed Indian Wells' residents pay a fire tax to cover that service. Public Works Director Vogt then presented a brief staff report regarding lighting and landscape services. In response to Mayor Pefta, Mr. Vogt confirmed a reference to the CPI is made in the Lighting and Landscape Assessment District but due to Proposition 218, the City cannot change the methodology or increase the cost per dwelling unit. He confirmed a cost-of-living clause could be included if formation of an additional assessment district is put on the ballot for a vote. Mr. Falconer noted under the methodology used prior to Proposition 218 the EDU rate would now be over $52 per dwelling unit. Council Member Sniff asked what vote percentage is required to increase the EDU rate. Mr. Vogt advised an increase in the assessment district requires a two-thirds vote and a general tax requires a majority vote. Mr. Genovese stated the standard lighting and landscape assessment process requires 50% of the ballots received but if the ballot is not successful, the City is et risk of losing the current EDU rate. In response to Council Member Henderson, Mr. Genovese confirmed the City can propose a new assessment district that does not include the components of the current assessment district. In response to Council Member Henderson, Mr. Falconer stated the projected EDU rate of $52 includes other projects, such as parks, that were taken out of the assessment district after Proposition 218. City Council Minutes 9 February 20, 2001 Council Member Henderson pointed out the City reduced the EDU rate from $42.00 to $35.60 prior to adoption of Proposition 218. In response to Council Member Adolph, Mr. Falconer stated approximately $300,000 will be needed annually for future improvements at the Civic Center, community park, and new medians, in addition to the approximately $700,000 already being paid out of the General Fund for lighting and landscape. Mayor Pei~a suggested the possibility of asking residents to approve a public safety tax to include both fire and increased law enforcement services. C~uncil Member Perkins agreed and suggested staff also be directed to come up with options for an additional lighting and landscape tax. He was concerned about using the General Fund for lighting and landscaping costs. Council Member Henderson stated she felt it would be difficult to ask residents to approve two assessments at the same time. She felt fire service is critical. Mayor Pe~a wished to have staff provide an analysis on both. In response to Council Member Henderson, Mr. Genovese confirmed a new fire station and upgrading of an existing fire station would be capital improvements funded through the Developer Impact Fee. He stated staff is looking at updating the developer fee to include it, In response to Council Member Sniff, Mr. Vogt advised the current Lighting and Landscape Assessment District does not include facilities or parks. Council Member Sniff agreed with looking at two separate assessment districts, one for parks and additional medians and one for police and fire. Council Member Adolph agreed with looking into a police end fire assessment. However, he felt the City may need to bite the bullet and continue paying for the additional lighting and landscape costs from the General Fund rather than ask residents to approve two assessments at the same time. In regard to fire and emergency medical services, Council Member Henderson suggested looking at an assessment amount that will cover three fire stations. Mayor Pei~a agreed and suggested looking at Scenario #8 on Page 10 of the staff report which includes three'fire stations with three staff and a two-person medic squad. City Council Minutes 10 February 20, 2001 Mr. Genovese advised if Council wishes to look at both a lighting and landscape assessment district and s public safety assessment district, the next step will be to hire consultants, one being an assessment engineer to provide different scenarios. Council concurred to direct staff to prepare analysis on both a lighting and landscape assessment district and a public safety assessment district. REPORTS AND INFORMATIONAL ITEMS CVAG Human & Community Resources Committee -- Council Member Adolph referenced information he distributed to Council regarding "Proposed Animal Campus Operational Costs." All other reports were noted and filed. DEPARTMENT REPORTS 5-A. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING DATE. Council concurred to direct staff to reschedule the Joint City Council/Planning Commission Meeting to April 4, 2001, at 6:00 p.m. and include a one-hour presentation by CVWD. 6-B. RESEARCH ON PREPARATION OF A CITY CALENDAR. Council Member Sniff expressed appreciation for the information on a City calendar and suggested it be brought back during budget hearings. Council concurred. MAYOR AND COUNCIL MEMBERS' ITEMS - NONE PUBUC HEARINGS - NONE City Council Minutes 11 February 20, 2001 City Attomey Jenson announced the City Council unanimously directed In closed · eaaion, that letter~ be prepared for the Department of the Interior, the Department of Agriculture, and Congremwoman Mary Bono expremlng the City's opposition to · ettioment of the litigation referenced in CIo.4~1 Session item No. 1. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quints, California