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2008 12 16 CC MinutesLA QUINTA CITY COUNCIL MINUTES DECEMBER 16, 2008 A regular meeting of the La Ouinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property identified as APN: 600-020-012. Property Owner/Negotiator: Urban Housing Communities (UHC) (formerly Protech Holdings 123), Dave Bigley. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT -None CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS -None City Council Minutes 2 December 16, 2008 WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Kirk/Henderson to approve the Special Joint City Council/Commission Meeting Minutes of November 25, 2008, as submitted. Motion carried by a vote of 4-0-1 with Council Member Franklin abstaining. MOTION - It was moved by Council Members Kirk/Sniff to approve the City Council Minutes of December 2, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 16, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED OCTOBER 31, 2008. 4. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF 5100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESFI. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE DISASTER PLANNING COURSE SPONSORED BY THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN SAN LUIS OBISPO, CALIFORNIA, FEBRUARY 22-27, 2009. 6. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE 1 OF THE CORPORATE YARD, PROJECT NO. 2007-08. 7. APPROVAL OF A REQUEST BY THE NATIONAL LABOR RELATIONS BOARD- REGION 21 TO UTILIZE THE STUDY SESSION ROOM FOR AN ADMINISTRATIVE HEARING ON JANUARY 26-28, 2009 FROM 8:00 A.M. TO 5:00 P.M. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 30023-4, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2008-079) City Council Minutes 3 December 16, 2008 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2008-080) 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2008-081) 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 36058-R, STAMKO DEVELOPMENT, CO. (RESOLUTION NO. 2008-082) 12. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 13. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2008. 14. APPROVAL OF A RECIPIENT FOR THE 2009 SENIOR INSPIRATION AWARD PROGRAM. 15. APPROVAL OF A CONTRACT WITH SIMON CONTRACTING FOR A SAND VOLLEYBALL COURT AT ADAMS PARK, PROJECT NO. 2008-08. 16. APPROVAL OF SECOND READING OF ORDINANCE NO. 463, AMENDING CHAPTER 2.60 SECTION 2.60.020, RELATING TO THE CITY OF LA QUINTA "CONFLICT OF INTEREST CODE." 17. DENIAL OF CLAIM FOR DAMAGES FILED BY HELPING HANDS OUTREACH - DATE OF EVENT: DECEMBER 2, 2008. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT CITY MANAGER-MANAGEMENT SERVICES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES 2009 CITY MANAGERS DEPARTMENT MEETING IN MONTEREY, CALIFORNIA, FEBRUARY 4-6, 2009. 19. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 20, 2008. City Council Minutes 4 December 16, 2008 20. APPROVAL TO INCLUDE STREET IMPROVEMENTS FOR THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 WITHIN THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM (CIP1, AND APPROPRIATE FUNDING. 21. ACCEPTANCE OF AVENUE 54 MEDIAN LANDSCAPE IMPROVEMENTS (JEFFERSON STREET TO MADISON STREET), PROJECT NO. 2006-09, AND APPROVE CONTRACT CHANGE ORDER NO. 2. 22. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&EI AND AUTHORIZATION TO ADVERTISE FOR BID THE PHASE III HIGHWAY 111 STREET IMPROVEMENTS, PROJECT NO. 2006-04. 23. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS (PSA) WITH VA CONSULTING, INC., BUREAU VERITAS NORTH AMERICA, INC., KFM/WEC ENGINEERING, INC., AND DEAN RYAN CONSULTANTS FOR ON-CALL ENGINEERING PLAN CHECK SERVICES. 24. APPROVAL OF CONTRACT CHANGE ORDER NO. 11 FOR PROJECT NO. 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2008/2009. 25. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RASA AND RBF FOR ON-CALL ENGINEERING MAP CHECK SERVICES. 26. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) 2009 ANNUAL CONFERENCE IN SEATTLE, WASHINGTON, JUNE 28- JULY 1, 2009. 27. ADOPTION OF A RESOLUTION TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (RESOLUTION NO. 2008-083) 28. ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND URBAN HOUSING COMMUNITIES FOR THE PURCHASE OF LAND LOCATED EAST OF DUNE PALMS ROAD, SOUTH OF HIGHWAY 111 MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445 AND CONSENTING TO THE EXPENDITURE OF FUNDS BY THE LA QUINTA REDEVELOPMENT AGENCY FOR THIS ACQUISITION. (RESOLUTION NO. 2008-084) City Council Minutes 5 December 16, 2008 MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and with Item Nos. 8-11, 27, and 28 being approved by RESOLUTION NOS. 2008-079 through 2008-084 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT TO COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. Mayor Adolph explained the process for interviewing applicants. The following applicants gave a brief presentation on their background and qualifications: Robert Cox Ty Richey Milton Olander Ballot No. 1 Council Member Franklin voted for Robert Cox Council Member Henderson voted for Robert Cox Council Member Kirk voted for Robert Cox Council Member Sniff voted for Robert Cox Mayor Adolph voted for Robert Cox MOTION - It was moved by Council Members Sniff/Henderson to appoint Robert Cox to serve atwo-year term as the City's representative on the Coachella Valley Mosquito and Vector Control District effective January 1, 2009. Motion carried unanimously. 2. CONSIDERATION TO APPOINT A REPRESENTATIVE TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE. Community Services Director Hylton presented the staff report. Diane Gunn indicated a willingness to serve on the committee. Council Member Henderson spoke in support of appointing Ms. Gunn. City Council Minutes 6 December 16, 2008 Barbara Bowie, Desert Zone Manager for the Riverside County Library System, stated the City has not had a representative on the Committee since 2002. In response to Council Member Sniff, she explained the Committee meets quarterly in various locations in the Valley with the next meeting scheduled for April in Cathedral City. MOTION - It was moved by Council Members Sniff/Henderson to appoint Diane Gunn to serve as the City's representative on the Riverside County Free Library Advisory Committee for atwo-year term, effective immediately. Motion carried unanimously. 3. CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) FOR FISCAL YEAR 2009/2010 PROFESSIONAL MARKETING SERVICES. Economic Development Project Manager Casillas presented the staff report. Council Member Sniff requested to review each recommendation for a consensus. In response to Council Member Henderson, Economic Development Project Manager Casillas explained Kiner Communications will continue to fulfill the current marketing plan; if a new firm is selected, they will be given time to prepare a plan for consideration by the City Council on April 7, 2009; and the new firm will enter into ashort-term contract for preparation of the plan. She then outlined the timeframe for preparing marketing strategies. Assistant City Manager-Development Services Evans explained a new marketing plan will be presented to the City Council on April 7, 2009, whether developed by Kiner Communications or a new firm as is scheduled in the master calendar. Assistant City Manager-Development Services Evans confirmed if a new firm is contracted, there will be two firms working for the City. He further explained Kiner Communications will complete the current marketing plan, and they would normally do the work to prepare a new plan for the next fiscal year; if a new firm is contracted, they would enter into ashort-term contract in April and be retained in June; and stated there is a possibility of Kiner Communications providing additional work. Council Member Sniff conveyed opposition to pursuing the RFP process as the City already has a good firm on board to perform marketing services; and stated the work by a new firm would be untested, untried, and unproven. Council Member Henderson stated she agrees with most of Council Member Sniff's comments, but noted not starting with a new company that has not City Council Minutes 7 December 16, 2008 been tried and proven would eliminate the City from ever contracting with a new firm; the bidding process has a place and is necessary sometimes to ensure the City is receiving top performance for the funds expended; the contract with Kiner Communications has been flexible, and stated she is not sure this is the time to be outside of the comfort zone the City is currently sharing with them. Council Member Kirk stated he is confused by the statements made by the City Council because staff has previously been directed to proceed with the RFP process. He noted contractors are hired and fired regularly in the private sector, and this is not a critical service such as police or fire; if overlapping is a concern, one firm could be retained later or terminated earlier; this is the time to look at services competitively. He requested Kiner Communications submit a bid along with any other firms as they may benefit by competition, and recommended Council make a decision now instead of spending more time on this issue. Council Member Sniff noted the direction given to staff was approved on a 3-2 vote. Council Member Kirk asked if any of those who voted with the majority had changed their mind. Council Member Henderson stated she voted with the majority, and believes in the bidding process. However, given the timeframe involved, the City could probably be satisfied with Kiner Communications for another year, and go out to bid next year. Council Member Franklin stated she concurs with Council Member Kirk's comments. Council Member Henderson noted this matter is not before the City Council for reconsideration; she will maintain her affirmative vote with the majority, but hopes the process can be simplified. Mayor Adolph commented on the importance of marketing and advertising to gain attendance at SilverRock for the Bob Hope Chrysler Classic. He noted it took many efforts working with Kiner Communications to ensure that La Quinta was posted on all advertisements, and he does not want to go through the same process with someone new. He agrees the RFP process is the right thing to do, but not at this time, and stated he supports retaining Kiner Communications through the current program. Council Member Henderson stated she feels strongly about the RFP process, and supports addressing all questions in the staff report. City Council Minutes 8 December 16, 2008 Assistant City Manager-Development Services Evans stated if Item No. 1, the RFP document, is okay as presented, there may not be a need for much discussion; and Item No. 2 relates to local or regional distribution of the RFP. In response to Council Member Franklin, he explained there is a benefit of quick response time in having a local firm, but distributing the RFP on a broader basis will result in more firms responding. As for Item No. 3, he stated the City Council has traditionally utilized a selection committee comprised of staff, and the committee makes a recommendation to the City Council. In regard to item No. 4, Council Member Franklin stated she prefers having three firms brought back to the City Council for consideration. Council Member Henderson spoke in support of advertising the RFP as usual and letting all firms respond. She suggested the selection committee be comprised of staff, and recommended two firms be brought back to the City Council for consideration. In response to Council Member Kirk, Economic Development Project Manager Casillas explained a retainer amount is not referenced in the RFP because staff wanted to give the firms an opportunity to work within the budgeted amount for submitting their proposals. Council Member Kirk asked if Landmark Golf Management provides most of the marketing and promotional work for SilverRock Resort. Community Services Director Hylton stated she understands Landmark works closely with Kiner Communications in marketing SilverRock, as well as providing marketing services on their own. In response to Council Member Kirk, Economic Development Project Manager Casillas explained one component in the RFP is to position La Quinta as a premier golf destination and referencing the relationship between the Bob Hope Chrysler Classic and SilverRock. She stated the City has a separate marketing budget for SilverRock that is part of Landmark's annual budget, but Kiner works closely with Landmark on positioning and photography. Mayor Adolph noted it is all tied together because what we are promoting is the City. He expressed difficulty in breaking them down separately. Council Member Kirk stated he had the same impression until he heard from Mr. Kiner that Kiner Communications does not do the marketing for SilverRock. City Council Minutes 9 December 16, 2008 Council Member Kirk stated distributing the RFP more broadly is appropriate, but he would not be opposed to specifying knowledge of, and access to, the area as one of the criteria. As for the selection committee, he noted the City Council rarely follows staff's recommendation for a firm, and he is opposed to conducting an interview in a public forum. Council Member Sniff questioned the need for an RFP when the City is already contracted with a good firm, but if it is done, the interviews should be done in public. He otherwise feels the RFP should be distributed in the Coachella Valley; the selection committee should be under the designation of the City Manager; the City Council should not be on the committee; and the top three firms should be included in staff's recommendation. He stated he is not in support of moving forward with this effort, but will concede to it. Mayor Adolph stated he prefers staying with Kiner Communications, and doing an RFP later on in order to continue the new promotional program with the Bob Hope Chrysler Classic. He otherwise supports distributing the proposals locally, and has no preference with the selection committee. Council Member Henderson noted the contract with Landmark does not require them to use one company for marketing services; the contract with Kiner Communication deals with the rest of the City, and the two contracts have different missions. She suggested the programs be coordinated to be one message for promoting the entire City and not certain aspects. Council Member Henderson made a motion to authorize staff to distribute a Request for Proposals (RFP) to obtain Professional Marketing Services for Fiscal Year 2009/2010 to firms in the Coachella Valley; authorize the City Manager to appoint staff to a selection committee, and the selection committee to recommend two proposals to the City Council for consideration and possible interviews. The motion failed due to lack of a second. Council Member Kirk stated the challenge is that two Council Members feel strongly with the RFP process and two do not like moving forward with the process. He noted moving forward with an RFP does not mean the City will change contractors, and could result in a contract extension with Kiner with a new scope of services. In order to find out if there is a consensus with the four items, he asked if there is any disagreement with having a local presence and the financial stability of the firms included in the RFP document. Council Member Henderson noted it is difficult to foresee the future viability of a firm. Assistant City Manager-Development Services Evans Item No. 12 on Page 8 addresses proof of financial soundness, and City Council Minutes 10 December 16, 2008 the documentation, which is private confidential information, would be referred to a consultant retained by the City. Council Member Kirk stated he would support Council Member Henderson's motion with the following amendments; advertise the RFP regionally as long as they have a local presence; the selection committee be comprised of staff with the City Manager making the appointments; and discretion given to two or three firms for consideration by the City Council. MOTION - It was moved by Council Members Henderson/Kirk to authorize staff to distribute a Request for Proposals (RFP) to obtain Professional Marketing Services for Fiscal Year 2009/2010 to firms with a presence in the Coachella Valley, authorize the City Manager to appoint staff to a selection committee, with the selection committee recommending two or three proposals to the City Council for consideration. Motion carried by a vote of 3-2, Mayor Adolph and Council Member Sniff dissenting. 4. CONSIDERATION OF CITY COUNCIL APPROVAL TO CLOSE CITY HALL ON DECEMBER 26, 2008, AND JANUARY 2, 2009. Assistant City Manager-Management Services Plumlee presented the staff report. MOTION - It was moved by Council Members Sniff/Adolph to approve closing City Hall the full day on both December 26, 2008, and January 2, 2009. Motion carried unanimously. Council Member Henderson thanked staff for offering to give up a % day on Christmas Eve and %: day on New Years Eve, but she feels the City is capable of providing this time off for another year. Mayor Adolph stated this is one way the City Council can express appreciation to staff for a job well done this past year. 5. CONSIDERATION OF REJECTION OF ALL BIDS AND AMENDING THE PROJECT SCOPE FOR THE VILLAGE DESIGN AND STRATEGIC PLAN. Planning Director Johnson presented the staff report. Council Member Kirk asked which development standards have hindered revitalizing the Village. Planning Director Johnson stated it is a matter of revisiting the design guidelines and addressing more of the form and mass City Council Minutes 11 December 16, 2008 and scale associated with the guidelines. A stronger emphasis is needed on pedestrian connectivity, especially in a north/south pattern in the mid-block areas, and there has been some conversation about permitted uses because of some interesting proposals that have come forward recently. Staff would also like the potential to visit the height limit for development. He stated the current guidelines generally describe the requirements for pedestrian access, but it needs more definition in written form as well as illustration. In response to Council Member Henderson, Planning Director Johnson stated this matter was initially addressed by staff a few years ago. He confirmed redesigning gives staff a greater authority to encourage connectivity and better defines public or private access; explained the development regulation portion of the study includes a reduced budget to S45,000, and the consultant would be used for technical purposes only. Council Member Henderson asked if staff could work with the Planning Commission on beefing up the language and bring it before the City Council for consideration without using a consultant. Planning Director Johnson stated all three firms interviewed had staff that is focused on urban design in public places and on public amenities and features that create a sense of place. He stated there is an advantage in having that type of information as a resource from an outside consultant. Council Member Sniff conveyed concern about the value of retaining a consultant. Council Member Henderson stated it is important to recognize the Planning Department is still busy and continues to have a lot to do. She noted we have always been a contract city, but it is a challenge now to make a plan in this time of instability. Mayor Adolph stated he does not want to micro-manage staff, and supports staff's recommendation. MOTION - It was moved by Council Members Sniff/Adolph to reject all bids submitted for the Village Design and Strategic Plan, and direct staff to amend the project scope to separately address an update to the Village development standards as well as including an economic development strategy in the City's Market Study. In response to Council Member Kirk, Planning Director Johnson explained staff's intention was to rewrite the scope of work in the Request for City Council Minutes 12 December 16, 2008 Proposals (RFP) and submit it to the top three firms; and stated staff can bring the new RFP back to the City Council for consideration if desired. Mayor Adolph stated staff has the authority to make changes as necessary, but if something different needs to be included in the RFP, staff could bring it back to the City Council for approval. Council Member Kirk stated he is not convinced the City should conduct the plan at this time, and would be embarrassed to hold a workshop on design standards in the Village because that is not what is going to make something good continue to happen in the Village. He stated he cannot support this until he has a better understanding of what problem the City is trying to solve. Council Member Sniff conveyed support for this matter based on the recommendation of the City Manager; and stated the City Council should give staff that latitude and level of support. Motion failed by a vote of 2-3, Council Members Franklin, Henderson and Kirk dissenting. Council Member Kirk stated he is willing to entertain this type of approach again, but not until there is an understanding of the problem being solved. Council Member Henderson stated the solution may be to look into those areas that need to be beefed-up and bring back those issues for consideration. Mayor Adolph stated he feels the City Council is micro-managing the Planning Department, and that the City Manager should have the discretion to proceed with a recommendation to address the problem. Council Member Kirk stated he sees it as a policy decision and not a question of micro-managing. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS -None. City Council Minutes 13 December 16, 2008 DEPARTMENT REPORTS 1.C. SOLAR ENERGY REPORT PROVIDED BY IMPERIAL IRRIGATION DISTRICT (IID) PREPARED BY LINCUS, INC. Assistant City Manager-Management Services Plumlee presented the staff report, and reviewed options available to the City. Gary Ambach, 1699 W. Main Street, EI Centro, General Manager of the Imperial Irrigation District, stated he was available for questions. In response to Council Member Kirk, Mr. Ambach explained installation of solar systems is not feasible in the current economy; stated if an entity desires to make a statement of being "green," solar is a good choice as it is highly visible; and explained utilizing solar systems through athird-party provider is inexpensive, but along-term commitment of 20 years is required. Mr. Ambach confirmed solar systems are not aesthetically pleasing, and stated it is a policy decision of the City Council and its decision of how the City should be portrayed, in response to Mayor Adolph. Council Member Henderson stated LEED Certification is also a very costly option to make a statement of being "green" to the public. Mr. Ambach stated the City Council can always revisit the technology at a later time. Council Member Kirk stated there may be some Federal funding to support the technology in the future. City Council concurred to revisit the issue in the future. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph stated he received a request from a business owner for installation of lighting along the sidewalk west of Avenida Bermudas on the south side of Caile Tampico, and asked staff if it is feasible. Council Member Henderson asked if appropriate lighting exists on the building. Mayor Adolph stated there is lighting near the building, but it does not reach the sidewalk because of the setback. City Council Minutes 14 December 16, 2008 City Manager Genovese stated staff will review the area for safety, and report back to the City Council. PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectf y submitted, ~ . ~/~~~ VERONICA J. M,O,NTECINO, City Clerk City of La Qui ,California