2009 03 03 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
MARCH 3, 2009
A regular meeting of the La Quinta 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
City Manager Genovese did not participate during the discussion of the Canyon
Ridge (Laing Luxury Homes) property listed in Item No. 1 due to a potential conflict
of interest.
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 for the following
Property Owners/Negotiators: Turner Development, Rusty Turner - APN
767-220-004; Majestic Ranch, Ron Hakakian - APNs 767-230-001, -002,
and -003; Coachella Valley Unified School District, Carey Carlson - APN
767-220-031; Debonne Properties, Bernard Debonne — APNs 764-090-001,
764-130-003, -004, -006 and 767-360-009; Canyon Ridge (Laing Luxury
Homes), Mark Kleinman - APN 643-090-024; and Lawrence M. Chank —
APN 604-460-045.
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
Cristina Deniel, 79-860 Pecan Valley, stated during the Bob Hope Chrysler Classic
event she observed four Sheriff Motorcycle Officers just sitting at the roundabout
and not helping to direct traffic, which she felt was needed. She also addressed
City Council Minutes 2 March 3, 2009
the issue of automatic weapons being fired after 8:00 p.m. at the Coral Mountain
firing range. Mayor Adolph referenced certain conditions that were implemented
on the firing range with the Riverside County Sheriff Department, and assured Mrs.
Daniel that the City will be speak to the Department regarding this matter.
Council Member Kirk referenced the police presence at the Bob Hope Chrysler
Classic, and voiced concern that the traffic enforcement utilized may not have been
the best use of their time.
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS
Beth Foley, Branch Manager of the La Quinta Library, gave the library report.
Mayor Adolph stated he has noticed an increased usage of the computers.
WRITTEN COMMUNICATIONS - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Franklin to approve the City
Council Minutes of February 17, 2009, as submitted. Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED MARCH 3, 2009.
2. APPROVAL OF PERSONNEL POLICY CHANGES REGARDING SECTION 7.35
DISABILITY LEAVE AND SECTION 14.15.5 VACATION LEAVE TRANSFER
POLICY.
3. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR PUBLIC
UTILITY PURPOSES FROM SHEA LA QUINTA, LLC, A CALIFORNIA LIMITED
COMPANY FOR TRACT MAP 30023-1.
City Council Minutes 3 March 3, 2009
4. ACCEPTANCE OF HIGHWAY 111 STREET IMPROVEMENTS FROM ADAMS
STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A, AND
APPROVAL OF CONTRACT CHANGE ORDER NO. 7.
5. APPROVAL TO EXCUSE COMMISSIONER ALLAN WILBUR'S ABSENCE
FROM THE FEBRUARY 19, 2009, HISTORIC PRESERVATION COMMISSION
MEETING.
MOTION — It was moved by Council Members Sniff/Henderson to approve
the Consent Calendar as recommended. Motion carried unanimously.
BUSINESS SESSION
1. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 2.70.010 OF
THE LA QUINTA MUNICIPAL CODE RELATING TO THE INVESTMENT
ADVISORY BOARD (IAB).
Finance Director Falconer presented the staff report; and introduced the
current Investment Advisory Board Chairman Theodore Ross.
In response to Council Member Sniff, Finance Director Falconer confirmed
the current IAB members have the qualifications recommended in the staff
report. He stated the Board feels it is important to inform applicants of the
desired qualifications; and explained a background in the proposed
qualifications is meant to imply professional experience in the securities field.
He agreed the use of 'background' is vague.
Council Member Henderson suggested including the word "verifiable" to the
language. Council Member Sniff agreed with adding "verifiable background,"
and Council Member Henderson further suggested including a section for
verification of qualifications on the application.
MOTION - It was moved by Council Members Sniff/Kirk to take up Ordinance
No. 464 by title and number only, as amended, and waive further reading.
Motion carried unanimously.
City Council Minutes 4 March 3, 2009
ORDINANCE NO. 464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING SECTION 2.70.010 OF THE LA QUINTA
MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD. '
It was moved by Council Members Sniff/Henderson to introduce Ordinance
No. 464, as amended, on first reading. Motion carried by the following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff,
Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
2. CONSIDERATION OF MARKETING FIRMS TO PROVIDE PROFESSIONAL
MARKETING SERVICES IN FISCAL YEAR 2009/2010.
Economic Development Project Manager Casillas presented the staff report.
Scott Kiner, 73-005 Haystack, Palm Desert, representing Kiner
Communications, presented their proposal for professional marketing
services.
Council Member Sniff commented on Kiner Communications' productive
relationship with the City. Economic Development Project Manager Casillas
confirmed Kiner Communications has been professional during the 10 years
she has worked with them and they have completed all aspects of the
marketing plan. Council Member Sniff noted Kiner Communications has
done well over the last 10 years; their relationship has been solid; and staff
has worked well with them.
In response to Mayor Adolph, Mr. Kiner confirmed they have worked with
KMIR-TV on advertising. Mayor Adolph stated he was disappointed with an
advertisement for La Quinta on KMIR-TV that shows ladies on motorcycles
because he feels it does not reflect the City very well. He referenced a
recent poll showing La Quinta as the 11" city in California with $1 million
homes and asked if this is a good image for the City. Mr. Kiner confirmed it
was positive advertisement for the City.
Frank Furino and Stephanie Greene of Furino/Greene Creative, along with
their associate Barbara Stenning, gave a presentation on five good reasons
their firm should provide professional marketing services to the City.
City Council Minutes 5 March 3, 2009
Council Member Henderson asked if their proposal of a signature large scale
event would be in competition with the La Quinta Arts Festival. Ms. Greene
explained they have the ability to provide a large event in addition to the Arts
Festival.
Council Member Sniff suggested page numbers be included in future
proposals for easy reference. He questioned the amount of experience and
knowledge Furino/Greene Creative has had with the marketing efforts made
in the City during the last 10 years. Mr. Furino stated they have an
understanding with the marketing efforts in La Quinta for the last 7 years,
and have been involved with Old Town La Quinta and Blues, Brews and
BBQs.
Council Member Sniff noted the City already has a large event, and
expressed concern about being consistent with the many images of the City;
and stated he is puzzled with the proposed slogan of "So Right, All Day, All
Night." because it is not reflective of the multiplicity of La Quinta. He
suggested using "visit, shop, dine, play and invest" to promote the City.
Ms: Stenning explained other areas of the Valley are not aware of things to
do in the evening in La Quinta. Ms. Greene further explained the proposal
submitted for Council's review is a spec campaign to display the firm's
thought process and does not include input from City staff.
Council Member Sniff questioned the use of the description "local tourists."
Ms. Stenning explained people from the east end of the Valley may feel like
tourists when they visit Palm Springs in the west end of the Valley.
Council Member Sniff stated the verbiage "yesterday's charm" seems to
omit the continual charm of the City. Mr. Furino stated the description
indicates a loss of that charm in today's world, although it still exists.
Council Member Sniff stated he feels the use of past tense is a mistake
because the City was charming, is charming, and will continue to be
charming. He feels "swaying palm trees" implies gusty winds with dust
blowing, and prefers the word "embraced" as opposed to "enveloped" in
relationship to the local mountain ranges. Mr. Furino noted their proposal
was compiled with no input from staff. Council Member Sniff stated he
realizes that but their selected verbiage indicates the way the firm thinks.
Council Member Franklin stated the Furino/Greene Creative proposal was
vibrant, fresh, upbeat, and exciting; the proposal has a lot of energy which
the City needs; and she agrees with the suggestion of advertising with the
"drive-in" markets.
City Council Minutes 6 March 3, 2009
Council Member Sniff thanked both firms for their presentations. He stated
Kiner Communications has served the City well and has produced results.
He noted the City did not get to be No. 2 in the Valley by failure of
promotions, and the other firm has not showed any additional skills to
change from working with Kiner Communications. He questioned why the
City would want to change or replace a good, productive, and loyal
employee.
Council Member Henderson expressed appreciation for the presentations,
and stated she finds that the City is aging with Kiner Communications;
interestingly, the City may remain a small enough community that the
agencies could work together with intermingling talents. She referenced a
need to concentrate on the future and draw people to our community. She
likes the proposed slogan from Furino/Greene Creative, and agrees with the
need to provide evening entertainment for tourists. She appreciates the
mentioning of leveraging City funds and partnering with other entities.
Council Member Kirk indicated he also appreciates the presentations, and
noted the City Council directed staff to proceed with this process in light of
having a good working relationship with the current firm for many years. He
stated either of the two firms can do the job of marketing for the City, with
one having a good track record for the City and the other a good track record
in the Valley. He was impressed with Kiner Communications solid multi-
media presentation but feels it lacked graphic quality and freshness; stated
the proposal by Furino/Greene Creative was fresh, vibrant and impressive.
He stated the creation of a brand for La Quinta does not make sense but he
does like the "So Right, All Day, All Night" concept. He supports the
concept of an additional signature event or building on the La Quinta Arts
Festival; and conveyed challenges with respect to night life in the City. He
likes the fact that the firm made an effort to take a risk with the proposal,
and stated he would support giving Furino/Greene Creative a chance to work
with staff.
Mayor Adolph stated he found the proposal by Furino/Greene Creative
interesting to read even though he was not supportive of the proposal
process. He commented on the Bob Hope Chrysler Classic event bringing
more advertising to the City than the La Quinta Arts Festival; it is important
to bring in cultural events into the City; and stated there are things to do at
night in the City as Palmers' Restaurant was very busy last Saturday night.
He thanked both firms for their presentations, and agreed either firm can
provide the service, but favors Kiner Communications. He cautioned both
firms as the City is not sure on the amount of funds available for the
marketing program in Fiscal Year 2009/2010.
City Council Minutes 7 March 3, 2009
MOTION — It was moved by Council Members Kirk/Franklin to 1) select
Furino/Greene Creative to prepare a City of La Quinta Marketing Plan for
Fiscal Year 2009/2010; 2) direct the City Manager to negotiate a contract
with said firm for professional marketing services; and 3) provide the City
Manager discretion to terminate negotiations with Furino/Greene Creative if
negotiations are unsuccessful and to then negotiate with Kiner
Communications for professional marketing services.
Council Member Sniff stated now is not the time to take uncertain risks due
to the uncertain economy. He cannot support the selection of Furino/Greene
Creative as there is a need to be adventurous and cautious simultaneously;
and stated Kiner Communication has proven performance over the years.
Council Member Kirk conveyed appreciation for Council Member Sniff's
concerns, but stated going with another firm is not inherently risky. He feels
Kiner Communications has done a good job for the City over the past 10
years; he does not balance this as risk versus something else, but rather
freshness and energy versus status quo, and feels it is time for a change.
He stated it is not bad to look for a competitive proposal once in a while and
try to save money for the City while doing an energetic job of positioning the
City in the marketplace.
Council Member Sniff noted Council Member Kirk mentioned the word risk
initially.
Motion carried by a vote of 3-2, Mayor Adolph and Council Member Sniff
dissenting.
The City Council recessed the meeting at 5:26 p.m.
The City Council meeting was reconvened at 5:34 p.m.
STUDY SESSION
1. DISCUSSION OF LA QUINTA MUNICIPAL CODE SECTION 9.160.060 —
PERMITTED TEMPORARY SIGNS.
Planning Director Johnson presented the staff report.
Council Member Kirk noted when this matter was discussed in July 2008,
there was some concern about making a change during the election, which
prompted the City Council to request staff to bring it back at this time. He
stated during the last election period political signs did not look well in the
City Council Minutes 8 March 3, 2009
community; and stated he is impressed that the City of Indian Wells keeps
temporary signs out of the public right-of-way. He expressed disdain about
viewing unlawful signs for a period of time; and stated he prefers no
temporary signs be allowed in the public right-of-way and to enable them on
private property only to keep the streets clean.
Council Member Henderson stated temporary signs are generally requested
for special events, and voiced concern about instituting a regulation that
does not distinguish between political and special event signs. She noted
the City will be implementing a sign program for the Village area that will
allow banners; and asked if the City can allow event signs and not political
signs.
City Attorney Jenson stated she has not looked into the matter, but the
difference of speech based on content is problematic.
Council Member Kirk noted the City of Indian Wells seems to get away with
allowing directional signs for the Tennis Tournament. In response to Council
Member Henderson, City Attorney Jenson confirmed directional signs are
exempt. Council Member Henderson asked if the Bob Hope Chrysler Classic
banners are considered temporary signs.
Council Member Franklin stated candidates running for election the first time
are at a disadvantage. She suggested establishing a more -stringent permit
process to enable staff to monitor the number of signs displayed, and allow
them 30 to 45 days before election instead of 60 days.
City Attorney Jenson confirmed the City can change the display time period.
She then read the definition for directional signs, which indicates no
advertising. Planning Director Johnson stated event directional signs include
an arrow and are placed on Washington Street and Highway 111 to direct
visitors to the event; the signs do not include the La Quinta Arts Festival
verbiage. He stated there is a provision to allow more than 50 signs
throughout the community by utilizing the permit, and explained the
exemption for not -for -profit organizations.
In response to Council Member Henderson, Planning Director Johnson further
explained the number of signs submitted by the La Quinta Arts Foundation
event was not the issue, but rather the size of the signs.
Council Member Kirk stated there is a lot of cheating in placing signs during
election season, and enforcement is a challenge because of political issues.
He suggested the following: change the process, timeframe, or more
stringent enforcement; eliminate signs on public property and allow them on
City Council Minutes 9 March 3, 2009
private property; direct staff to be creative in banning temporary signs in the
public right-of-way; and allow important directional and other signs for
special events.
Council Member Henderson suggested changing the definition of a directional
sign. City Attorney Jenson stated the challenge is regulating the verbiage
content.
Council Member Kirk suggested the City Attorney work with staff to find out
if a way exists to achieve the objective of reducing clutter during the election
cycle, eliminating the flagrant abuse of posting signs, and allowing major
events to advertise.
City Attorney Jenson addressed using directional signs for a City -sponsored
event. Council Member Kirk stated other communities do it, and he would
like to figure out a way for the City to do it if possible.
Mayor Adolph stated the issue is what can we do to eliminate the
proliferation of signs during elections.
City Attorney Jenson stated the City can prohibit all temporary signs in the
right-of-way, but have an exemption for directional signs that direct traffic to
a City -sponsored event.
Council Member Henderson suggested staff bring this item back with
examples to make a determination. Council Member Franklin commented on
the need for the language to be clear.
City Manager Genovese confirmed the City Council's consensus for staff to
work on this matter further.
Council Member Sniff stated there are valid reasons to support free speech
and signs are a form of free speech. He agreed new candidates have a
significant disadvantage against an incumbent. He stated he does not have
a problem with political signs as long as they are placed according to what is
allowed and removed during the time permitted; and stated he does not feel
it is necessary to change the code at this time.
Mayor Adolph stated the consensus is for staff to review this matter and
bring it back for further discussion.
City Council Minutes 10 March 3, 2009
REPORTS AND INFORMATIONAL ITEMS
Palm Springs Desert Resort Communities Convention & Visitors Authority — Council
Member Henderson stated staff attended the last meeting for her and reported
back as follows: the CVA discussed marketing and is looking to move forward with
new plans; the City of Palm Desert has decided to opt out of the Business Industry
District; Eric Marcus and Brad Poncher, both of La Quinta, were awarded first place
in their categories of Restaurants and Small Hotel Operator.
League of California Cities — Council Member Henderson reported an 18-month
budget has been proposed but will not be passed unless eight measures are passed
in the upcoming election; and stated even with the measures included, there is a
$10 billion shortfall in closing the deficit. She stated the Legislature is expected to
conduct a budget review sometime in late May to early July, and redevelopment
funds are anticipated to be considered at that time. She stated cities are
encouraged to work with the building industry to utilize redevelopment funds for
projects.
III) Energy Consumers' Advisory Committee — Council Member Franklin reported
the Committee had a presentation by a bio-resources group who is researching the
use of cane and beet sugar, along with ethanol, as an alternative fuel source.
CVAG Homelessness Committee — Council Member Franklin reported the Multi -
Service Center Project will provide support services including laundry, showers,
medical, child care, job placement assistance, and 120 beds. She stated the
facility is expected to open in September 2009, and suggested donating City
surplus items to the Center. She stated their goal is to bring homeless people into
the facility and assist them in obtaining jobs.
CVAG Executive Committee — Mayor Adolph reported CVAG is asking each of the
cities to provide $102,000 for the homelessness issue, and three cities have
already declined, including Indio, Desert Hot Springs and Rancho Mirage; he noted
the issue will be brought before the City Council for consideration. He stated
construction of the interchanges along Interstate 10 is on schedule and scheduled
to begin November 2011.
SunLine Transit Agency — Mayor Adolph reported the Agency has conducted their
mid -year budget review and came in under -budget by just under $1 million; and
stated the Agency is in good shape despite the economy.
CVWD Joint Water Policy Committee — Mayor Adolph referenced a report he had
distributed to the City Council and reported the District is moving forward with dike
#4 and the Martinez Recharge Station; and stated when the recharge station is
completed, they will be gaining on the aquifer rather than losing.
City Council Minutes 11
March 3, 2009
............ .
All other reports were noted and filed.
DEPARTMENT REPORTS - None
MAYOR AND COUNCIL MEMBERS' ITEMS
Mayor Adolph referenced an article in the local newspaper about some cities
sending representatives to Washington D.C. regarding the stimulus package and
mentioned other cities that are not. He noted the article was not correct and that
the City of La Quinta is communicating with Congresswoman Bono-Mack's office
on the stimulus package.
Mayor Adolph stated the Coachella Valley Regional Housing Trust has requested a
City representative be included on their Board. He suggested the City Manager be
allowed to appoint a staff member. Council concurred.
PUBLIC HEARINGS - None
ADJOURNMENT
There being no further business, it was moved by Council Members
Sniff/Henderson to adjourn. Motion carried unanimously.
subm
VERONICAONTECINO, City Clerk
City of La Winta, California