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2010 04 06 CC MinutesLA QUINTA CITY COUNCIL MINUTES APRIL 6, 2010 City Clerk Montecino announced that the regular meeting of the La Quinta City Council would not be called to order until the hour of 4:00 p.m. due to lack of quorum. Mayor Adolph called the meeting to order at 4.:00 p.m. and led the audience in the Pledge of Allegiance. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION -None CONFIRMATION OF AGENDA Council Member Sniff requested Consent Item No. 13 be taken up separately. ANNOUNCEMENTS -None PRESENTATIONS Mayor Adolph presented a proclamation to Carol Johnson, representing the Prevent Child Abuse-Riverside County, in honor of April 2010 as Child Abuse Prevention Month. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of March 16, 2010, as submitted. Motion carried unanimously. City Council Minutes 2 April 6, 2010 NSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED APRIL 6, 2010. 2. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 477, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING CERTAIN PROPERTIES FROM LOW-DENSITY AGRICULTURAL/EQUESTRIAN RESIDENTIAL TO MEDIUM-DENSITY RESIDENTIAL FOR PROPERTY GENERALLY LOCATED EAST OF THE COACHELLA VALLEY WATER DISTRICT DIKE NO. 4 BETWEEN AVENUE 60 AND AVENUE 62 AND WEST OF THE TRILOGY PROJECT (ZONE CHANGE 2009-138, SHEA HOMES.) 3. ADOPTION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2010-2011, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. (RESOLUTION NO. 2010-022 AND RESOLUTION NO. 2010-023) 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS ASSISTANT ENGINEER II TO ATTEND TRAFFIC SIGNAL OPERATIONS AND HIGHWAY CAPACITY ANALYSIS TRAINING IN LOS ANGELES, CALIFORNIA, APRIL 19-20, 2010. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 35871, EISENHOWER MEDICAL CENTER, INC. (RESOLUTION NO. 2010-024) 6. ACCEPTANCE OF HIGHWAY 111 PHASE III STREET IMPROVEMENTS (POINT HAPPY WAY TO WEST CITY LIMITS, PROJECT NO. 2006-04, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 5. 7. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30023-1, TRILOGY, SHEA LA QUINTA, LLC. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC. (RESOLUTION NO. 2010-025) 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 32891, TRADITION CLUB ASSOCIATES, LLC. (RESOLUTION NO. 2010-026) City Council Minutes 3 April 6, 2010 10. APPROVAL OF AMENDMENT NO. 1 TO THE JOINT USE LEASE AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR THE SPORTS COMPLEX. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC. (RESOLUTION NO. 2010-027) 12. APPROVAL TO EXCUSE COMMISSIONER JOAN BIEGEL'S ABSENCE FROM THE APRIL 12, 2010, COMMUNITY SERVICES COMMISSION MEETING. 13. AUTHORIZATION OF OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL AND THE ASSISTANT CITY MANAGER-DEVELOPMENT SERVICES TO ATTEND THE COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT HEARINGS REGARDING AB 2759 (NESTANDE) IN SACRAMENTO, CALIFORNIA, APRIL 13-14, 2010. MOTION - It was moved by Council Members Sniff/Evans to approve the Consent Calendar as recommended and amended with the exception of Item No. 13 and with Item Nos. 3, 5, 8, 9, and 11 being approved by RESOLUTION NOS. 2010-022 through 2010-027 respectively. Motion carried unanimously. ITEM NO. 13 In response to Council Member Sniff, Assistant City Manager-Development Services Evans explained the travel request is for attendance at a hearing to provide background information and reporl: in support of Assemblyman Nestande's endorsement of a bill to use Redevelopment Agency funds for homeless shelters outside City jurisdiction; and stated this is a very fast- paced legislative process. City Manager Genovese explained the proposed legislation. Assistant City Manager-Development Services Evans confirmed attorney costs were funded through the City Attorney budget. Council Member Sniff stated he would have liked to review the proposed legislation prior to the travel request. Council Member Henderson agreed with Council Member Sniff's concern about reviewing the proposed legislation, but noted the entire City Council was in support of staff drafting the proposed legislation, and that the draft is subject to change. City Council Minutes 4 April 6, 2010 City Manager Genovese explained the legislation is expected to be finalized by the end of the week. Council Member Sniff stated staff should have had the information distributed to the City Council prior to the meeting. Council Member Henderson agreed. Mayor Adolph thanked the City Council and staff for pursuing the legislation as it behooves the City to support the legislation. MOTION - It was moved and seconded by Council Members Henderson/Sniff to approve overnight travel for two members of the City Council and the Assistant City Manager-Development Services to attend the Committee on Housing and Community Development Hearings regarding AB 2759 (Nestande) in Sacramento, California, April 13-14 2010. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 3.24 (TRANSIENT OCCUPANCY TAXI OF THE MUNICIPAL CODE BY AMENDING SECTION 3.24.130 TO REQUIRE PAYMENT OF DISPUTED TAXES AS A PRE-CONDITION TO PURSUING REVIEW OF THE CITY'S TAX ASSESSMENT, AND ADDING SECTION 3.24.135 TO ESTABLISH A "PAY FIRST, LITIGATE LATER" PROCEDURE. Assistant City Manager-Management Services Plumlee presented the staff report. Council Member Sniff asked how much has not been collected. Assistant City Manager-Management Services Plumlee stated Special Counsel has estimated the amount to be 5300,000 to 5400,000 back to 2001 . Council Member Sniff asked if the estimates are valid. Assistant City Manager-Management Services Plumlee explained the spreadsheet provided by the consultants is based on an estimated mark-up, fees, cancellation fees, and breakage including various online booking agencies. Council Member Sniff asked if the booking agencies are aware of this issue. Assistant City Manager-Management Services Plumlee stated the issue has been litigated by several cities in Los Angeles, Orange, and San Diego Counties; and stated the City Attorney is prepared to give a report on litigation filed in Anaheim. City Council Minutes 5 April 6, 201 O Council Member Sniff stated this is more likely to take place in Orange, Los Angeles, or San Diego Counties rather than the Coachella Valley. City Attorney Jenson explained the trial court judge ruled the term "operator" as defined by the City of Anaheim's Municipal Code did not extend to online booking services; therefore, they did not have the obligation to collect and remit to the city. She further explained the validity of including the proposed language in the City of La Quinta Municipal Code. In response to Council Member Sniff, City Manager Genovese stated audits of Transient Occupancy Tax ITOT) revenue are not conducted by staff at this time. City Attorney Jenson stated her understanding is limited regarding the administrative process to assess collection of TOT and remitting to the appropriate agency. In response to Council Member Sniff, Assistant City Manager-Management Services Plumlee stated staff does not have a list of which online booking agencies include hotels in the City of La Quinta as part of their services; and confirmed much of this is precautionary. Council Member Henderson stated she remembers a potential 510,000 loss discussed in the passed regarding this issue; and stated this language is proposed to cover the City in the event the problem becomes worse. She found it punitive toward local hoteliers, and asked if only online booking companies should be included in the language. City Attorney Jenson stated she does not recommend modifying the TOT language regarding the reach to other service providers but instead wait upon a decision by the Court of Appeals. Council Member Henderson asked who we are being precautionary to; and asked if the ordinance has the potential to conduct an audit. City Attorney Jenson confirmed the existing ordinance enables the City to conduct an audit. Finance Director Falconer explained there are currently 40 to 50 TOT remitters; and stated that in past years staff has conducted a desk review with two agencies that had not remitted any amounts due to the City and eventually the City received the amounts owed. In response to Council Member Henderson, Finance Director Falconer confirmed the City can call for an audit at any time. City Council Minutes 6 April 6, 2010 Council Member Henderson stated all online booking agencies work with the hotels directly and the inappropriate party is maintaining the TOT which they have no right to do so. Mayor Adolph stated he understands that this is not unique to TOT but also applies to sales tax for items purchased online. Council Member Henderson stated part of the problem is that buyers are not paying sales tax for items purchased out of state online. MOTION - It was moved by Council Members Sniff/Evans to take up Ordinance No. 478 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3 OF THE LA QUINTA MUNICIPAL CODE ENTITLED "TRANSIENT OCCUPANCY TAX" TO AMEND SECTION 3.24.130 AND ADD SECTION 3.24.135 RELATING TO THE PAYMENT OF DISPUTED TAXES AS A PRECONDITION TO PURSUING REVIEW OF A CITY TRANSIENT OCCUPANCY TAX ASSESSMENT. MOTION - It was moved by Council Members Sniff/Evans to introduce Ordinance No. 478 on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 2. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW THE 4T" QUARTER GRANT REQUESTS. Community Services Director Hylton presented the staff report. In response to Council Member Sniff, Community Services Director Hylton stated the contingency account balance is approximately 537,000. Council Member Sniff stated this is the last time he will support formation and appointments to this Ad Hoc Committee; and stated the procedure should revert back to the previous procedure. City Council Minutes 7 April 6, 2010 Council Member Evans stated if he served as a committee member he would be able to review application reports by the applicants. MOTION - It was moved by Council Members Sniff/Evans to establish an Ad Hoc Committee to consider 4`h Quarter Grant Requests and appoint Council Member Henderson and Mayor Adolph to serve on the Ad Hoc Committee. Council Member Henderson agreed with comments made by Council Member Sniff as this issue has been similarly conveyed with the Art Purchase Committee. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF MARKETING STRATEGIES FOR FISCAL YEAR 2010-2011. Economic Development Project Manager Casillas presented the staff report. Stephanie Greene and Andrea Carter, representing Furino/Greene Creative, reviewed the proposed marketing strategies. Council Member Franklin stated marketing is not an exact science and the City Council should keep that in mind as they consider the proposed strategies; and commended Furino/Greene Creative for their efforts. Council Member. Henderson asked what account will the creation of mobile phone applications (apps) be charged. Ms. Greene explained it would be funded from the Furino/Greene Creative consultant budget. Council Member Henderson stated she recognizes there are several residents that have adopted the use of apps and conveyed appreciation for the efforts toward those endeavors. She expressed concern about developing apps at the cost of more than 55,000; and conveyed support for moving these strategies forward. Council Member Henderson requested the Christmas and Easter holidays be included on the City Calendar. Economic Development Project Manager Casillas explained the only holidays included on the calendar are those mentioned in the Municipal Code. Council Member Henderson suggested the Old Town and Village maps that are online and the proposed apps be kept updated. City Council Minutes 8 April 6, 2010 In response to Council Member Evans, Ms. Greene confirmed the current maps online would be used to create new apps for downloading to mobile phones and the new apps will provide update alerts. Council Member Evans asked about the budget for co-op marketing. Economic Development Project Manager Casillas explained the advertising budget is 585,000 of which 565,000 has been expended. Council Member Evans asked why the National League of Cities video program is not mentioned in the marketing strategies. Assistant City Manager-Development Services Evans explained it would be a part of this year's marketing program and be operational before the end of the current fiscal year. In response to Mayor Adolph, Ms. Greene confirmed the Highway 111 corridor will be included in the cooperative advertising program. Ms. Carter explained location is a key factor of the auto dealer cooperative advertising program, ,and that different businesses on Highway 111 will be duplicated when advertising the auto dealerships. Mayor Adolph asked if all the bullet points listed on page five of the staff report are currently being administered, to which Ms. Greene responded yes. Mayor Adolph conveyed concern about the categories of families listed. Council Member Sniff conveyed concern about the Taste of La Quinta logo. Ms. Greene explained the logo was provided by the Chamber of Commerce. Council Member Sniff asked about the total expenditure of the marketing budget. Assistant City Manager-Development Services Evans explained this program has not been placed in budget form; once direction is received from the City Council, staff will cost out the particular programs and propose it in the budget. Council Member Sniff asked about the cost of the program as presented. Assistant City Manager-Development Services Evans responded 5500,000. Council Member Sniff asked what the primary point is of the program. Assistant City Manager-Development Services Evans stated to market the City of La Quinta effectively. Council Member Sniff conveyed disappointment about the 2009-2010 City Calendar; and asked what the most effective sources are for advertising. Ms. Greene responded radio and print in tandem. City Council Minutes 9 April 6, 2010 Council Member Sniff asked which target group is most important - local, outside the Valley, or outside the State. Ms. Greene stated the focus should be on the regional market, which consists of San Diego, Los Angeles, and Orange County; if there is sufficient funding they could also reach up to Santa Barbara and San Francisco and the Midwest area. Council Member Sniff asked if it is most important to draw local people or people from outside the Valley. Ms. Greene stated both are important, but it is critical to keep the message going for local residents and long-term visitors. Council Member Franklin inquired about al:tendance information for the Concourse d'Elegance. Assistant City Manager-Development Services Evans stated staff has a scheduled meeting next week and will receive information from them at that time. Economic Development Project Manager Casillas introduced Kathy Strong who gave a presentation on a request of $90,000 for a La Quinta Living Magazine proposal. Council Member Evans asked if the online, marketing-website -concept of the magazine was proposed by staff or Furino/Greene. Ms. Strong stated it was included in her original proposal; stated it. is not fiscally possible to have a marketing campaign for it at this time. She suggested connecting the magazine site to the City website as well as the Chamber of Commerce and local businesses' websites. She explained a link to the businesses from their advertisement can be included. Council Member Evans asked about the size of her advertising team. Ms. Strong stated there are one full-time and one part-time staff working with her. Council Member Evans asked how they are going to win businesses over to be included in the magazine. Ms. Strong explained the advertisements have staying power in print and the magazine will be showcasing individual businesses; and stated the magazine can be used to promote economic development in the community. Council Member Henderson stated she enjoyed reading the La Quinta Magazine but she cannot support this proposal because of the push-pull message it sends to businesses; and stated it cannot be tolerated in the present economy. City Council Minutes 10 April 6, 2010 Council Member Sniff stated he also cannot support the proposal during the current financial condition of the Valley. Council Member Franklin agreed it would not be fiscally prudent to support the proposal at this time. Ms. Strong withdrew her proposal and requested the opportunity to submit the proposal for the City Council's consideration in the future. Mayor Adolph stated the City supports shop, dine, eat and play at La Quinta, and voiced concern about advertising being included from businesses outside of the City because they would be in competition with local businesses. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission -Council Member Franklin reported the City's fee will increase from approximately 574,000 to 5113,000 annually when the contract ends in 2012. She further reported the Animal Samaritans has opened a new 7,400 square-foot facility; and stated she has visited the facility in Indio. Homelessness Committee -Council Member Franklin reported the Coachella Valley Rescue Mission and Martha's Village are running low in food donations and have asked for the cities' help in advertising the need. She reported there was concern about a proposal to store belongings of arrested homeless people at the Roy's Desert Resource Center. She stated the proposed annual budget is 51,670,000 to operate 90 beds, which does not include nursing or an operating kitchen; and explained there are numerous facility needs. Human and Community Resources Committee -Council Member Franklin reported they are continuing to work on the census. Jacqueline Cochran Regional Airport Authority -Council Member Franklin reported they are currently working on the annual air show. Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Henderson stated she attended the CVA meeting as the alternate; and reported Executive Director Beckleman has resigned and Judy Vossler has been appointed as Interim Executive Director. CVAG Transportation Committee - Council Member Henderson stated their meetings have been changed to the first Monday of each month and will be followed up with RCTC Plans and Programs Committee, which has been separated into western and eastern divisions. City Council Minutes 11 April 6, 2010 Council Member Sniff referenced an article in The Desert Sun that depicted a program where physicians advocate conventions in Palm Springs. Council Member Evans stated as an administrator of JFK Memorial and member of the La Quinta City Council, she has no problem promoting the East Valley in her representation on the CVA. CVAG Executive Committee -Adolph reported the Committee discussed the PM- 10 issue from street sweeping and the lack of direction to subcommittees on this issue. SunLine Transit Agency - Mayor Adolph reported the taxi franchise has been revised. All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph commented on the number of speakers at the last Mayor's Luncheon which is hosted by the Chamber of Commerce, and suggested the Chamber be asked to limit the number of speakers to two. Council Member Henderson suggested City representative Council Member Franklin relay the message at the next Chamber of Commerce Workshop & Information Exchange Committee meeting. PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respectf Ily submitted, G~/~/~~~'~-' VERONICA J. ONTECINO, City Clerk City of La Quinta, California