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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