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HomeMy WebLinkAboutPrelim - CC - 01-28-2016PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 28, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:16 p.m. ii. ROLL CALL Present: Mayor Pro Tem Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance]City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Dan Talbot, ❑ivision Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept.iCal Fire Herman Lopez, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 219, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: The Altum Group Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:17 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Abigail Sanford Vill. INVOCATION - Councilman Sabby Jonathan VIII. ORAL COMMUNICATIONS - B ❑R. DAVID H. TANG, M.D., Eisenhower Medical Center (EMC), Rancho Mirage, CA, stated that he was conducting a study at the Center on a life-saving medical treatment and the Extremities Exsanguination Device. Part of the FDA's (Food & Drug Administration) due diligence requirements specify his making public announcements about it throughout the community in orderto seek comment about the study. He said this was because, unfortunately, when patients in shock come in, they cannot provide consent. However, in his FDA -approved study at EMC, the first three of four patients he had that were appropriate for the treatment could not K PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 be used because they were unconscious. Therefore, the FDA is now considering an approval of the consent waiver, which is standard practice, by way of going to the community — community leaders, EMS Directors, and anyplace that funnels patients into EMC — to advise them of this study. He called attention to the related article appearing in the current issue (Jan./Feb. 2016) of Eisenhower Medical Center Healthy Living Magazine (page 14), of which he provided copies to each Councilmember. The article lists a telephone number and an e-mail address for the public or any City leaders to provide input. He explained that the study had to do with the condition of shock and this device that rolls up the patient's legs, essentially milking the blood located there back into their core to provide life-saving treatment. It is safe for up to two hours with no side effects, giving extra time to save the patient. He appreciated the opportunity to make this announcement, with the study set to begin after the FDA approves it, hopefully, in 34 days and looked forward to receiving input. Mayor Spiegel thanked Dr. Tang and said it sounded like an excellent study. MR. TERRY COLLIER, Ajo Lane, Palm Desert, expressed concern at how fast the lesson of San Bernardino has worn off. He wanted to see California, as a whole, do a much better job of getting ready for future attacks, which he believed were coming. He contrasted that the state of Texas was already leading the nation in its open -carry weapon law; although, he didn't think that would be the best idea for California, yet felt it could be doing a much better job of readying the public. In his analysis of all the attacks, from the time they begin until the point where public safety authorities with the proper skill and equipment arrive on scene, there was an unfettered "kill zone" that has to be eliminated. He suggested doing so with concerned, capable, and qualified citizens until authorities arrive, when the citizens can back down and turn over the scene. While acknowledging that this topic was unpleasant, after studying all of the publicly known attacks occurring since the 1990s, he calculated that the kill ratio was 1 attacker to 70 victims — it was unacceptable and would be devastating to society. He proposed a Statewide discussion to explore the possibility of arming more civilians. For those who could do this, it would go a long way toward deterring some of the attacks, slowing, or even stopping them; there would always be loss of life and injury - impossible to avoid in this type of war in progress. He hoped that City Council would give this proposal due consideration and noted he would be contacting others, as well. MayorSpiegel thanked Mr. Collierforthe remarks and suggested that he speakwith the City's Chief of Police about his proposal. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE MEGAN MILLER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION - 2015. On behalf of the entire City Council, Mayor Spiegel asked Mayor Pro Tern Harnik to make the presentation of a signed certificate to Ms. Miller in appreciation for her service to the Art In Public Places Commission. Ms. Miller extended sincere appreciation to the City Council for their dedication and heartfelt service, and all the time they spend on behalf of the citizenry. Site was blessed to work with the City and hoped to be able to do it again in the future. B. PRESENTATION TO RECOGNIZE KEN STENDELL FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS BUILDING BOARD OF APPEALS, ARCHITECTURAL REVIEW AND PLANNING COMMISSIONS,1991 - 2015. On behalf of the entire City Council, Mayor Spiegel asked Mayor Pro Tern Harnik to make the presentation of an engraved crystal half -cylinder clock to Mr. Stendell in appreciation for his 20+ years of service to the City's boards. Mr, Stendell graciously accepted the recognition and said it had been his privilege to serve the City; it was enjoyable, he loves being a resident of Palm Desert, and the biggest sacrifice he'd made was giving the City his son (Director of Community Development Ryan Stendeli). C. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ABIGAIL SANFORD. Ms. Sanford reported that the Youth Committee has been particularly busy during the month of January. She detailed that President Cory Hutchinson made a presentation to Palm Desert Charter Middle School, inviting students to join the Youth Committee. Next, the Anti -Bullying Subcommittee is working on a presentation for elementary schools to combat bullying. Third, the Youth Committee volunteered and participated in The Galen 5K Color Run on January 9 as part of F1RST WEEKend. Lastly, Youth Committee Members continueto participate as liaisons for multiple City Committees and Commissions. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 D. PRESENTATION TO THE CITY COUNCIL BY BRYAN CLYMER OF BEN CLYMER'S THE BODY SHOP, IN RECOGNITION OF THE FEBRUARY 2016 BENEVOLENCE CAR GIVEAWAY EVENT IN PALM DESERT. Mr. Clymer presented a brief slide show of their 2015 event, which represented the 81' year and 141h car given away, adding that they've given away five more cars since. He thanked then -Mayor Weber for participating in 2015 and looked forward to Mayor Spiegel participating in the 91h year's event and 181h car being given on Thursday, February 18, 2016, at their Body Shop on Spyder Circle in Palm Desert. He said they have not yet named the recipient, with one week left to go in seeking a qualified applicant from Palm Desert, thanking everyone fortheir business and noting how much they loved doing business here. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 14, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 12/3112015, 11812016 - 2, and 1 /1212016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 1/15/2016 (Joint Consideration with the Palm Desert Housing Authority), Rec: Approve as presented. D. RESOLUTION NO. 2016 -12 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Records from the Department of Community Development/Planning, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) — Records From 1987 - 2013 (Exhibit "A") - Temporary Use Permits. Rec: Waive further reading and adopt. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 E. RESOLUTION NO. 2016 - 13 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Community Development, to Rely on the Electronic Record as the Official Record - Records From 1979 - 2009 (Exhibit "A") - Planning Project Files. Rec: Waive further reading and adopt. F. RESOLUTION NO. 2016 - 14 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Community Development/Planning, to Rely on the Electronic Record as the Official Record - Records from 1991 - 2013 (Exhibit "A°) - RV (Recreational Vehicle) Permits. Rec: Waive further reading and adopt. G. REQUEST FOR AUTHORIZATION. to Declare Vehicles and Equipment as Surplus and Authorize Disposal as Proposed - Miscellaneous Public Works Assets. Rec: By Minute Motion, declare vehicles and equipment listed on the accompanying staff report as surplus and authorize disposal as proposed. Upon a motion by Tanner, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO SUPPORT THE IMPLEMENTATION OF SENATE BILL 1193 (STEINBERG) - HUMAN TRAFFICKING PUBLIC NOTICES. Mr. Aryan stated that SB 1193 was passed in 2012 and created a legal requirement for certain types of businesses to display public notices on slavery and human trafficking. These businesses include airports, bus stops, N PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 truck stops, hospitals, massage oriented businesses, and others. The Riverside County Anti -Human Trafficking Task Force created a poster that meets all the legal requirements of SB 1193, and the proposed Resolution supports implementation of the public notice. He noted that the CVAG Executive Committee also approved a similar resolution and staff recommended its approval. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 15. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). Responding to question, Mr. Aryan agreed to provide the Council with posters for them to distribute. xlll. ORDINANCES A. For Introduction: None B. For Adoption: ORDINANCE NO. 1301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 25.34.120 TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS MANUFACTURERS, AND CULTIVATION OF CANNABIS IN THE CITY, Case No. ZOA 15-322 (City of Palm Desert, Applicant). Principal Planner Tony Bagato noted this was the second reading of the Ordinance that was modified at the last City Council meeting. Mayor Pro Tem Harnik shared that yesterday she went to the League of California Cities presentation on this very issue. She noted that AB 21 was passed on the floor, which eliminates the March 1 deadline. In light of that, Council has the opportunity to take a more metered, measured, and deliberate approach at keeping the community safe. After what she heard at the League, this issue was not something the City should be rushing through. When the Ordinance was presented, this Council changed it without consulting with public safety or checked to see what other cities have done. The City of Indio has done considerable research, and they've been to Denver and saw the issues that were created there. Given that the City now has an extended period of time to do this correctly, she suggested that it form a committee comprised of public safety who 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 have experience in this and include other communities as well. She said there are tremendous issues in emergency rooms because of the edibles of cannabis that people don't recognize, so perhaps the medical community should be included along with Councilmembers and legal Counsel. Mayor Pro Tern Harnik moved to, by Minute Motion, continue this matter for the purpose of forming a committee as mentioned. Councilman Jonathan said the Ordinance seemed quite innocuous and basically prohibits dispensaries, manufacturing, and cultivation, but allows delivery. He asked if there were specific concerns that would warrant a delay. Mayor Pro Tern Harnik said absolutely, and after listening to a 3-hour presentation, it was clear there are greater issues. First of all, it's an all -cash business, so deliveries are a source for easy crime, and with respect to cultivation, there have been issues of theft. Also, in some places emergency rooms are inundated with people who have overdosed on marijuana. The fact is that there is marijuana or THC types of medications available in pharmacies that can be obtained with a doctor's prescription. She asserted that this Council was not trying to get in the way of what people needed to do to try and feel better, stating no one on the dais would even consider that as an option. However, this Council needed to listen to its public safety, legal and medical community, and make the best decision, adding that it was not the job of the Council to assess science or assess medicine, but rather keeping the community safe and creating guidelines for good business. Councilman Jonathan asked if there would be a problem with adopting the proposed Ordinance and continue to study the issue, whether that meant forming a task force or citizen committee. Mayor Pro Tern Harnik answered yes, because if the Ordinance is adopted as is, the City was saying it was okay to have deliveries, yet the more one learned, the more one might not believe it's in the best interest of the community. She said it was worth studying it further to ensure the best decision was being made and not the quickest. Councilmember Weber agreed, but she will continue to vote against the Ordinance as she has been, adding that she's researched this issue for a very long time and is very much involved. She said that stepping into an issue with so much fear surrounding it, the facts can be overlooked. She said if this Ordinance is passed, it would be like E PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 saying you can drive a car in Palm Desert, but you won't be allowed to acquire one, license it, or park it, but good luck on driving it. Therefore, it didn't make sense to say one couldn't dispense it or cultivate it, but allow for delivery of it. She shared she and a friend approached the Council many years ago and to provide presentations to explain the facts. She said if the facts are examined, she believed the fear surrounding the issue will go away. She said the cash issue mentioned by Mayor Pro Tern Harnik was something that hadn't crossed her mind, but of course it's a cash business. By opening this matter to public discussion and review of the facts, it might change things a little bit. Also, she agreed public safety input was good, but it couldn't revolve around fear, it needed to revolve around facts. She was in favor of forming a committee to do further research and not rush into prohibiting. Councilmember Weber seconded the motion. Councilman Tanner said he continues to be concerned with the quality of life for those that can't get out and find a way to get to a dispensary. Also, he didn't know if one could actually get a cannabis prescription at a compound pharmacy, so he couldn't comment on it. However, the proposed Ordinance protects the City with the distribution, cultivation, and the sale of marijuana in any form, but it shouldn't interrupt the opportunity for someone to call on the phone and use one of the delivery services that will be licensed, and pays a business tax to the City to actually deliver that drug. Therefore, he will vote against a continuance. Mr. Bagato clarified that the proposed Ordinance only prohibits the dispensaries and the cultivation, stating it did not specifically prohibit mobile dispensaries, but it doesn't allow them either. Staff is already researching and working on an Ordinance that would regulate mobile dispensaries. He said adoption of the Ordinance didn't inherently give dispensaries approval, because if it's on listed in the Ordinance, it's technically not approved, but it will prohibit dispensaries and cultivation in Palm Desert under land use from a commercial sales aspect. Responding to question, he said the City currently addresses dispensaries, but not specifically written for cultivation. He explained that the Zoning Ordinance is called permissive zoning, in that if it's not listed, it's considered prohibited, but it can face legal challenge, which was staffs initial concern when the Ordinance was originally presented, along with the March I deadline. Since the City of Indio recently passed their prohibition, staff has received a lot more inquiries about trying to do cultivation in Palm Desert. Staff s response is that because it's not addressed in the Code, it's prohibited, which E PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 is staff's stance. Therefore, the proposed Ordinance addresses cultivation and dispensaries, and staff was going to work on another ordinance that would allow deliveries when the product comes from a dispensary from outside the City. He said that can be determined through a committee process. Mayor Spiegel stated that it appeared the majority of the Council was leaning toward a continuance. Councilman Jonathan replied he was not there yet, stating he was confused on two things mentioned by staff. First, staff mentioned the term mobile dispensaries, which he thought was equivalent to a food truck, yet Council was referring to a delivery service where the product is purchased from a dispensary in another city and then there is just the delivery service. Mr. Bagato agreed, but it would need to be clarified in another Ordinance to allow it, because the current one didn't. Councilman Jonathan said he thought that by excluding the prohibition against delivery, it would allow delivery. Mr. Bagato explained that because the Zoning Ordinance is permissive, it's technically not allowed until there is another Ordinance with regulations. Councilman Jonathan replied he felt a little misled from the last meeting, because clearly the intent of the majority of the Council was to allow fordelivery, which iswhythe language referencing prohibition of delivery was eliminated from the Ordinance. Mr. Hargreaves stated Council's confusion was not unfounded, because it's a muddled mess. He said it's illegal under Federal Law and California has created some exceptions, but the City Code does not currently deal explicitly with these issues, so there is some question mark about what is allowed and not allowed. Mr. Bagato is correct, if the Code doesn't specify something as a permitted use than it's not. Now if one is talking about a delivery service, it's not really a land use, it's just a service. Therefore, as long as they are not located in the City, arguably they can do it. He said staff was attempting to take a thoughtful look and come up with something that was consistent and vetted, and figure out all the ramifications, but it was faced with this deadline by the State. He said cities that didn't act by the March 1 deadline would be precluded. Therefore, Palm ❑esert's reaction was to shut the door on everything, which would be the 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 fall -back position, in that it was not permitting anything until it had a chance to go through a thoughtful process. In December, the Council enacted an Emergency Moratorium that put the proposed Ordinance into effect, so currently, Palm Desert was prohibiting it; however, that was a 45-day moratorium. The idea was to have this Ordinance in place by the time the Emergency Moratorium ran out. Whether the Council took action or not, it's still going to be a muddled situation going forward until it is studied and it comes up with something comprehensive and thoughtful. Mayor Pro Tem Harnik assured the Council that if they would have heard the League presentation, where she went in with many questions and had many of them answered, she left with a whole new set of questions. She said this issue involved more than one senate bill and a lot of working pieces, and Sacramento has a mess with it, A good thing that came out of this AB 21, is that in their haste of letting bills go through, they inadvertently left that March 1 deadline, which was not meant to be left in. Councilman Jonathan asked if the Governor had signed the bill s❑ that cities were not faced with the March 1 deadline. Mayor Pro Tem Harnik replied it was expected to be, but was passed by a clear margin at the assembly. Councilman Jonathan said he was inclined to pass the proposed Ordinance as an Emergency Ordinance, in case the Governor didn't sign, but make an affirmative decision to move forward with studying this further and possibly revising it. He agreed with the points made, but it seemed to him that the proposed Ordinance was not harmful to put in place in the meantime. Councilman Tanner asked for clarification, in that the City Attorney mentioned this was not a ground sale item, therefore, it can currently be delivered in the City of Palm Desert. Mr. Hargreaves said it probably is being delivered in the City of Palm Desert. He explained that the City's Code did not explicitly address delivery. However, Palm Desert has an Emergency Moratorium in place that prohibits it, but if that Ordinance goes away, then the situation becomes open to dispute. He said the City doesn't explicitly prohibit or permit delivery, but given that it's illegal under Federal Law and not explicitly permitted by California Law, he imagined someone could be arrested for it. He understood these services were out there, but he didn't know if that particular law was being enforced. There 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 again, how do you distinguish delivery services from your local drug dealer. Councilman Tanner replied that the City of Rancho Mirage is handling it through a business license. He commented that a person may end up buying it off the street by an unauthorized, if they can't have it delivered, and that product may not be acceptable. He questioned how local enforcement was going to handle this issue if the Council allows for delivery. Mayor Pro Tern Harnik interjected and clarified she was not asking for a continuance because she was in favor or against the Ordinance, but so that the Council can obtain better information and make the best decision possible. Lt. Lopez stated they would be guided by the final writing of the Ordinance, which would dictate to them what to enforce, just like any other Penal Code or City Ordinance. The same would be true for the City's Code Compliance Department, they would have to wait for the final writing and limitations, similar to any Health and Safety Code that's on the books now. Further responding, he said if the Council was asking for his opinion on what would be the best course of action, as far as public safety is concern, he would agree to do further research to discuss in detail the facts as to what other cities are starting to deal with. He said this was a fairly new issue and the ramifications and negative impacts are just now being seen, and it hasn't been studied yet. Most of the focus has been on the medical side of things, and Federal and State laws. He said some local cities in the Valley and cities around the state and county have had some negative impacts with delivery. Upon inquiry, he said he wasn't aware of any local impacts in Palm Desert. Mayor Spiegel asked if there was police input in the proposed Ordinance. Lt. Lopez replied that not since his tenure with Palm Desert, and he didn't believe Lt. Sullivan had any either. Mr. Wohlmuth added that one of the other issues, is that the proposed Ordinance is adding and modifying to the Land Use Code. The delivery of medicinal marijuana may not be in the Land Use Code, and it may be better placed in the Business Code of the Palm Desert Municipal Code. Staffs recommendation is to pass the proposed Ordinance, work with Council in forming a committee that includes law enforcement and medical, and the section on delivery is IFS PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 probably best placed in the Business Code, which is a separate section of the municipal code. Mayor Pro Tern Harnik questioned why it would be okay to adopt the proposed Ordinance when delivery isn't in the right section and it's debatable whether delivery was a good idea. Mr. Wohlmuth explained that staff was still concerned about the moratorium duration, stating State law only allows a moratorium for 45 days. As Council knows, it takes time for ad hoc committees to get going and research the topic, noting that the Council will have to deal with the moratorium later down the road and perhaps renew it for another 45 days. In staff s opinion, this was not a bad place to start, given that certain sections of this Ordinance didn't belong. Therefore, staff can work on it in the meantime and put it in the right section of the municipal code. Mayor Spiegel said he understood staff was in favor of passing the proposed Ordinance as written and then putting together a committee to review it. Mr. Wohlmuth agreed. Mr. Hargreaves added that the proposed Ordinance did not authorize the City to issue business permits for delivery services nor did it explicitly prohibit them, stating it was an open question. He said it was staffs intent to follow up on this with something that specifically addresses the delivery with a formal process that hopefully other cities have vetted. One question would be whether it wanted background checks or not, because he didn't know. Councilman Jonathan noted that when Council approved the first reading, there was an understanding staff would return to address the delivery issue and refine it. Therefore, the proposed Ordinance was fine for the second reading. Councilman Jonathan moved to adopt Ordinance No.1301, with the assurance that staff will continue to research all aspects of the issue, form an ad hoc subcommittee of two Councilmembers, interested persons, and experts to provide input and review of the matter, and bring forward such refinements or modifications as are deemed necessary at the appropriate time hereafter. Motion was seconded by Tanner and carried by 4-1 vote (AYES: Harnik, Jonathan, Tanner, and Spiegel; NOES: Weber). With City Council concurrence, Mayor Spiegel appointed Mayor Pro Tern Harnik and Councilmember Weber as the Council representatives to the ad hoc subcommittee. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 2. ORDINANCE NO. 1302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF DETERMINATION OF A NEGATIVE DECLARATION FOR AMENDMENTS TO PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25,99.020 TO ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES THROUGHOUT THE CITY, Case No. ZOA 15-350 (City of Palm Desert, Applicant). Mayor Spiegel noted this was the second reading of the Ordinance. Mayor Pro Tern Harnik moved to waive further reading and adopt Ordinance No. 1302. Motion was seconded by Weber. Councilmember Weber said she was told that whenever vehicles are sold, somebody has to repair them and usually there is a repair shop nearby, leaving oil leaks all over the place. She asked staff if there were any calls or such inquiries. Councilman Tanner pointed out that there was no oil involved with electric cars. Associate Planner Kevin Swartz said he had not heard anything. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIV. NEW BUSINESS A. REQUEST FORAPPROVAL.OF THE EXECUTION OF A SUPPLEMENTAL NON -HOUSING BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA34190A) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY)_ Management Analyst Veronica Tapia stated this item was a request to approve the Agreement for additional funds that have been identified for bond projects. She recalled for the Councii that last year they approved the BPFA (Bond Proceeds Funding Agreement) to transfer all funds to the City to cover projects identified on the Recognized Obligation Payment Schedules (BOPS). Once the transfers were made, staff realized there was an additional $3 million available in cash that could only be used for bond projects, because they were either loans or reimbursement of previous bond 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 projects. Therefore, staff looked at the projects that were identified and distributed the funds to projects that needed additional funding. The proposed Agreement will allow for the transfer of the cash to the City, so that those projects can be completed on behalf of the Successor Agency. She noted this item was unanimously approved by the Oversight Board. She also pointed out that on page 2 of the staff report, there is a notation about seeing Exhibit B, however, there isn't one. Councilman/Director Tanner moved to waive further reading and adopt Resolution Nos. 2016 -16 and SA -RDA 052, approving the execution of a Supplemental Non -Housing Bond Proceeds Funding Agreement between the Successor Agency and the City, and taking certain related actions. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. INFORMATIONAL REPORT IN REGARD TO WATER CONSERVATION EFFORTS BY THE CITY. Mr. Greenwood said he was very proud of the work done by the Public Works Department and landscape staff in trying to both conserve water and keep the parks in decent shape. As noted in the staff report, there are some troubled spots where there is heavy use such as the school playground and dog park, stating they show incredible wear and damage, and it will cost money to replace that turf. On the other hand, the City's conservation level now is at about 32%, which was awfully close to the goal. He added that for next year, funds will be requested to do irrigation upgrades to install more efficient system to get closer to the goal. Staff will also be asking to purchase new sod and place it in those damaged areas, particularly in the school playgrounds. Responding to question, he said the $31,000 amount represented the penalties the City paid, but it saved 32% water, which has a higher value. Councilman Jonathan said he heard concerns over the soccer park, questioning if there was a plan to improve the quality of the field there. Mr. Greenwood explained that the soccer park looked better than it did five years ago, but not as good as it did two years ago. He said staff plans to do the same thing it has normally done, which is to replace some of the sod in the areas where the grass is completely gone and manage the water as tightly as possible to minimize the fines, while still having a playable surface. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 Mayor Pro Tern Harnik moved to, by Minute Motion, receive and file the informational report in regard to water conservation efforts. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. REQUEST FOR CITY COUNCIL DIRECTION RELATED TO PEDESTRIAN - ORIENTED SIGNS ON EL PASEO. Principal Planner Tony Bagato noted that in the 1980's when pedestal signs were first introduced, Palm Desert was more of a seasonal community and it was difficult to tell whether or not stores were actually open for business. Therefore, the Ordinance allowed for pedestal signs but limited to the word "Open." They were allowed citywide, but on El Paseo they specifically only allowed the word "Open" in two colors and they were to be well maintained. In 2013 a committee was formed that was geared at looking at A -frame signs, because at the time, the Ordinance only allowed pedestals, which can be blown over by the wind. He said some business merchants were trying out A -frame signs, so they requested a revision of the Ordinance to allow them. As part of that, a committee was formed and comprised of El Paseo propertyowners, a merchants, and a former councilmember. In reviewing the matter, the overall committee believed that A -frame signs would be okay to add to the Ordinance. However, they believed the history of these signs had changed in that they have lead to visual clutter, impeded traffic on the sidewalk, and signs were no longer necessary because the season is longer. Also, the architectural style has changed, in the early 80's there were many low window class frames and overhangs that made window visibility in retail stores difficult to see. Today, a lot of the remodels on El Paseo have higher store front glass and less over hangs, but they do have awnings with a retail outdoor mall presence. Therefore, they have more visibility and one can tell if a store is open. The committee believed it should allow A -frames, but limiting them altogether. This was run bythe El Paseo Merchant Association, and they agreed to modify the Ordinance to allow A -frame signs with the following recommendations: 1) Allow them between June 1 and October 1, because the summer slows down; 2) allowed before 10:00 a.m., when a business is actually open, like Starbucks; 3) allowed during construction; 4) allowed if the business is the sole tenant of a multi -tenant building. Due to vacancy concerns, the committee didn't want that tenant to be hindered. Basically, the committee was saying that they wanted to allow for these signs, but in very limited circumstances, because they do clutter the street. After the Ordinance was adopted in 2013, both Planning and Code Compliance staff did educational outreach by going door to door to all the merchants on El Paseo. He said they spoke to business owners, store managers, and employee, giving them a copy of the Ordinance and hand-out that explained it in fewer technical terms. Staff followed up by issuing compliance warning, and last year all those businesses complied. When PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 summer came around the signs came out, which is allowed, but then after October they are to be removed. However, some employees don't always know or remember to remove the signs, so they were given until November. In 2015, there were 39 verbal warnings, 19 verbal and written warnings for those that had not complied, and today, staff is still dealing with one merchant who is not complying. This merchant sent a letter to the City challenging the legality of the Ordinance. He said the City Attorney has reviewed it and believes the Ordinance has legal standing. Staff is before the Council with this item as requested by Mayor Pro Tem Harnik for discussion. Mayor Pro Tern Harnik stated that this was not about the legality of the existing Ordinance from her position. She agreed the Council didn't want signs in the public right-of-way, noting it wasn't safe. However, when someone wants to put a sign on their private property, within reason, and the Council should be looking at this. It doesn't want a mess, but most of the merchants on El Paseo and throughout the City, recognize what they need to do to create an appealing storefront, and Council should be allowing them to do whatever they can for their business. She said if someone can put a pedestal sign on private property without the sandbags, stating she was sure there was a way to drill into their private property or use some sort of hardware that would keep it in place, that's reasonable. She questioned why they couldn't have color on their signs, and why they can only be used when there is no one around. Again, she would like to have this looked at to help businesses in Palm Desert do as well as possible. Mayor Spiegel said he assumed the El Paseo Merchants Association agreed with the Ordinance. Mr. 6agato answered yes, stating they agreed with the changes in 2013. He pointed out that other than the complaints from the business owners, staff also receives compliments from El Paseo merchants and property managers that the street looks better and less cluttered. Councilman Jonathan stated that based on the staff report and follow-up conversation with staff, he understands the El Paseo Merchants Association seems to be happy with the current regulations and rules as modified in 2013, and there is only one person voicing dissatisfaction. Therefore, he personally didn't see a need to make changes, unless the El Paseo Merchants Association was requesting modifications. Otherwise, he didn't think the Council should be reactive to one exception. Councilmember Weber shared she was not a fan of the A -frame signs because she's seen people walking and not paying attention and falling, 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 stating the pedestals seemed to be safer. She asked if staff had any information on how many people have actually fallen on these signs. Mr. Bagato replied he wasn't aware of anyone tripping over either kind of sign, and hopefully they are not in the right-of-way. What is difficult on El Paseo is that you have employees that will try to get the most visibility and constantly push the signs closer to the street. He reiterated that he wasn't aware of any claims or issues with people tripping over signs on the right-of-way or private property. Mayor Pro Tern Harnik commented that the pictures that are always shown by staff are the ones that are in the public right-of-way and they don't belong there, which everyone agreed. However, if they are on private property, it's a different issue. She noted this wasn't about just one person complaining, because there were 39 businesses that were given verbal warnings, and of those, 19 were mailed written warnings. She said some people may go along and comply, but others question it, and the El Paseo Merchants Association isn't comprised of every business on El Paseo, so again, she believed it was worth taking a look at this and hearing people out. Councilman Tannerasked if the issue todaywas about keeping the signs out of the middle of the walk way. Mr. Bagato answered yes, but this particular merchant has his on private property, and it's not supposed to be out at this time, only during the summer months. He said this jewelry operator is refusing to put his sign inside, so staff has allowed it to remain outside until the issue can be discussed further. Mayor Pro Tem Harnik pointed out that when most people are on the street, the City is not allowing signs to be out there, which she believed needed to be revisited. Councilman Tanner asked Mayor Pro Tem Harnik if she thought a sign on the sidewalk was an effective tool. Mayor Pro Tem Harnik said yes, especially if it says "Sale." Councilman Jonathan said he understood that position, but the City has a Merchants Association that represents El Paseo, and they have not initiated a discussion or indicated there was a problem or an issue, so he didn't know why the Council would. He said if the Council wanted to revisit this, the process needed to start with the Association, Mayor Pro Tem Harnik commented that the process can start with the Council, PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 Mayor Spiegel added that the process has started with the Council for years. Mayor Pro Tern Harnik added that the Association is not comprised of each and every business. Councilman Jonathan agreed, but they represented the street, just like the Council represented the entire City. Mayor Pro Tern Harnik disagreed, because there are people objecting to what has been put into place. Responding to comment, she said there were 19 people who have been cited. Councilman Jonathan said those were violations of merchants who didn't know about the October deadline. Mayor Pro Tern Harnik said the merchants were aware, but they were just seeing what they could do. She suggested that staff needed to talk to the businesses, and if that meant sending a survey out to gather some input, it would be a start. She reiterated that the Council needed to listen to the businesses on El Paseo and throughout the City. Councilman Jonathan offered a compromise that Council direct staff to reach out to the El Paseo Merchants Association and have them address this issue by inquiring if there is a wide spread issue and/or if they feel some kind of revision is necessary. Responding to question, he said he didn't want a continuance he just wants to direct staff as mentioned. Mayor Spiegel commented that it sounded like the Council didn't want to take a vote this evening, but rather continue it. Mayor Pro Tem Harnik stated the motion should include providing a survey to the businesses. Councilman Jonathan said he wants to respect the advocacy of the El Paseo Merchants Association, because he believed they represented the street and it would be the proper process to work through them. He said if the Association wants to survey the merchants that would be fine, but he felt the Council needed to reach out to them. Mr. 6agato affirmed that the recommendation was to enforce the current Ordinance or look at a change. However, based on current discussions, staff can reach out to the merchants, but he would still recommend enforcing the current standards. Mayor Spiegel remarked that it didn't appearto be the feeling of the Council. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 Councilmember Weber asked how many businesses have actually been fined. Mr. Bagato replied there have been none to date. He said there has only been one challenge from the 19 written letters that were mailed out, and staff has been holding off to get clarification from the Council. Councilman Jonathan moved to, by Minute Motion, direct staff to reach out to the El Paseo Business Association for feedback on the pedestrian -oriented signage issue, whether or not there is widespread concern necessitating some kind of revision to the current regulation. Motion was seconded by Tanner and carried by a 4-1 vote (AYES: Jonathan, Tanner, Weber and Spiegel; NOES: Harnik). C. INFORMATIONAL REPORT REGARDING CITY COUNCIL SALARIES. Mayor Spiegel indicated that since the item listed merely represented an Informational Report, there was nothing needing to be done at this time. With no objection registered to the Mayor's statement, the Informational Report was received and filed. D. REQUEST FOR CITY COUNCIL DIRECTION REGARDING DRIVE -THROUGH RESTAURANTS WITHIN THE CITY OF PALM DESERT. Mayor Spiegel noted he requested this item to be placed on the Agenda. He said it was his understanding that a drive -through restaurant for consideration is required to go through the Architecture Review Commission (ARC), Planning Commission, and the City Council for approval. Mr. Stendell agreed, but only in those areas outlined in red as indicated in the map attached to the staff report. Mayor Spiegel said he understood, but he was talking about opening it up to the whole City, but with the approval of the ARC, Planning Commission, and City Council. Mr. Stendell explained that there was currently no vehicle to accept applications anywhere in the City other than where outlined in red. Mayor Spiegel said he was suggesting opening it up to the whole City. For example, where Denny's used to be on Highway 111, there was a person who wanted to put a drive -through restaurant there, but it wasn't approved, so that building sits there empty. He said the Council was looking at opening it up to the rest of the City, but in order for it to be approved, it needed to be approved by ARC, Planning Commission, and the City Council. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 Councilman Tanner asked if the Council would have to go through a zoning process for areas outside the red boundaries. Mr. Stendeil recalled for the Council that this issue was discussed one year ago, and direction to staff at that meeting was to study it through the General Plan process. The topic has been brought up at least twice at the Technical Working Group (TWG) meetings, the group that's preparing the draft General Plan. Discussions surrounding drive -through restaurants have been more about the style and the appropriateness of where they can be located. In other words, what kind of place is the City trying to create. Most in the group seemed more than willing to talk about them in places that are completely vehicle oriented such as adjacent to freeways and possibly a reasonable amount further south. Due to the nature of the pedestrian atmosphere the City is trying to more toward, Planning Commission members and Councilmembers are unanimously against drive -through restaurants in the City's commercial core, because itwent against everything it was trying to accomplish with the long-range plan. CounciImember Weberfelt that if nothing was done now, leaving the General Plan Update as is, Council will end up dealing with something more cumbersome. She agreed with the Mayor that the presentation for the drive -through where the former Denny's was located, was extraordinary, stating the ingress and egress were off the street that you could hardly know it was there. Also, over by Target, there is a large open space where she could see an In -and -Out Restaurant, stating people will find them, and they won't be in those areas of foot traffic where the City has plans for on San Pablo, and definitely, they won't be on EI Paseo, because it's not in the City's best interest. She said the City needed to start looking at this more realistically, because there are restaurants in town that would like to convert. She said they aren't what they were in 1973, noting it didn't help a restaurant to have vehicles backed up spewing out gas, they want to get vehicles through as quickly as possible. Therefore, she was in favor of opening this up for discussion before finalizing the General Plan. Mayor Spiegel asserted that drive-through's is a convenience for residents, particularly for a mother with three small children. Councilman Jonathan agreed with everything that was being said, but he was looking at the process, stating it should be looked at as part of the General Plan Amendment, which follows the Envision Palm Desert Plan_ He said Council was always free to look at where drive -through restaurants would be appropriate, even if the General Plan Update indicated otherwise. He was generally supportive, but he wants to follow through on the process that was decided a year ago. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2015 Responding to question, Mr. Stendell said the General Plan Update is expected to be completed this year, adding that it will include more than what he was explaining here today, in that there is also an entire mobility element as to where cars are more appropriate, where people are more appropriate, and a Health and Wellness section that talks about providing and increasing healthy food options within town, etc. He said this issue had big ramifications, and staff s direction has been to proceed with it through the General Plan process. However, staff is willing to do anything that this Council directs them to do. Councilmember Weber said that was her understanding, and if Council was directing the General Plan Update, it's not too late to incorporate drive -through restaurants in some manner. Mr. Stendell pointed out that the General Plan Update will include strategies that will be presented to Council, and if Council disagreed with them, it can direct staff to make changes accordingly. Mayor Spiegel moved to, by Minute Motion continue this item indefinitely while the City completes its General Plan Update process. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NOTICE OF DETERMINATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 - ❑EVELOPMENT PLANS - AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 - SPECIFIC PLANS - AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE, Case No. ZOA 15-03 (City of Palm Desert, Applicant). Associate Planner Eric Ceja stated that this item is to establish a Specific Plan Ordinance in accordance with State Government Codes and Guidelines published by the Governor's Office of Planning and Research. Specific Plan documents are long-range planning documents used for larger and more complex projects and development proposals such as the Millennium Palm Desert that Council considered last year. The proposed Ordinance establishes procedures, and initiation and processing of these documents, and it makes specific findings to support the use of the Specific Plan document. Other amendments to the municipal code are minor in nature, and only reflect the proposed Specific Plan Ordinance and expand on the existing definition of the Specific Plan in the municipal code. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed, Councilman Tanner moved to waive further reading and: 1) Pass Ordinance No. 1303 to second reading, approving Zoning Ordinance Amendment 15-03 to repeal Section 25.72.040 and to establish Section 25.78,080 for Specific Plans, and make minor amendments to Sections 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to make them consistent with the new Specific Plan Ordinance; 2) adopt Resolution No. 2016 - 17, approving a Notice of Determination of a Negative Declaration for Zoning Ordinance Amendment 15-03. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVI11. REPORTS AND REMARKS A. CITY MANAGER Citv Manager Meetinq Summaries for the Period of January 4 - 15, 2016. Mr. Wohlmuth called attention to the printed report provided in the agenda packets and offered to answer questions. With City Council concurrence, the City Manager Meeting Summarieswere received and filed. 2. The Livinq Desert Mr. Wohlmuth noted an e-mail requesting a meeting was received from The Living Desert, and Councilmembers were copied on it. After further explanation and discussion about the meeting request, it was determined that only the City Manager was requested, and if any other follow-up is necessary, he will so advise City Council, 3. Introduction of New Marketing & Tourism Manager On behalf of the Economic Development Department, Mr. Alvarez introduced the City's new Marketing & Tourism Manager Thomas Soule, who started work on Monday, January 25. Councilmembers congratulated and welcomed Mr. Soule to the City. B. CITY ATTORNEY None 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 C. CITY CLERK Reminder of City Council Study Session Scheduled for Thursday, February 11, 2016, at 2:00 p.m. in the Administrative Conference Room - Council Liaison Assignments and City Standing Committees/Commissions Structure. Ms. Klassen called attention to the scheduling reminder, and Councilmembers so noted. D. PUBLIC SAFETY Fire ❑eoartment None 2. Police Deoartment None E. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilmember Susan Marie Weber's Meetina Summaries Reoort for the Period of January 3 - 17, 2016, Mayor Spiegel called attention to the printed report provided in the agenda packets, and with City Council concurrence, they were received and filed. Councilmember Weber added that it was her absolute honor and pleasure to be the Council Liaison to the Art In Public Places Commission, and today it was delightful to see the fruition of a project — from beginning to end — with the Carlos Ortega Villas Mural artwork installation. She said it was a wonderful educational process for her and she thanked Management Analyst Deborah Glickman for her help during every meeting of the Commission. 2. Council Reauests for Action/Committee Reoorts/Comments: a) Councilman Sabbv Jonathan Reports/Comments/Requests — - Homelessness: Relating back to today's 2:00 p.m. Council Study Session regarding Community Policing Issues, he reported that as the City's Liaison to the Coachella Valley Association of Governments (CVAG) Homelessness Committee, there is a work session being scheduled for March 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 to address the impact of the homeless on Palm Desert and the rest of the Coachella Valley. All Councilmemhers and interested staff members will be invited to attend once it's scheduled, and he will keep everyone updated on it. - Office Professional (O.P.) Zoninq: Received some concerns about the City's current O.P. Zoning Ordinance. Inasmuch as the City has historically granted height exceptions under certain circumstances (e.g. architectural features, etc.), apparently, the current ordinance doesn't have a specific mechanism for allowing them. He asked for his colleagues' concurrence that staff be requested to look at the Q.P. Zoning Ordinance and, if appropriate, suggest a revision to incorporate said mechanism to allow height exceptions. b) Mayor Pro Tern Jan C. Harnik Reoorts/Comments/Requests-- - Mariivana: Referring back to her earlier comments under Section X11 - Ordinances for Adoption, Item B(1), regarding a League of California Cities' presentation on the marijuana issue, she was very interested in the subject for cities that do have delivery and dispensaries, those entities need to have a Federal Tax I.D. Number. She said it was ironic that Federal Law deems marijuana illegal, yet because a business has employees, it must have the Federal I.D. Further, she said UCSD (university of California, San Diego) is establishing standards for marijuana cultivation — levels of THC within the marijuana, pesticide and rodenticide application, which can leach into the soil and the plant, causing some extremely adverse effects. - State of the Court: Attended the Riverside County presentation, very interesting, and begs paying attention to ensuring everyone is treated fairly in the court system (i.e., timely access to justice). - Greater Palm Sorinas Convention & Visitors Bureau: Thanked Mayor Spiegel for the opportunity to represent the City at the CVB meeting. Noted that in the last statistics provided of people coming to the area, golf is declining and is much less than it used to be. She offered to provide copies of the information to her colleagues and staff, and urged everyone to pay attention to this information and be prepared going forward. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2016 - President Clinton Health Matters Luncheon: Attended the luncheon where President Clinton spoke, along with Clinton Foundation President Donna Shalala, a very engaging and interesting woman, and the topic of most interest was the seniors situation in the community. c) Councilman Van G. Tanner Reports/Comments/Requests — - Regional Access Proiect [RAP] Board: Noted that former Councilmember Jean M. Benson retired from her service to RAP, and he'd received word today that he was selected to be her replacement on that board. He looked forward to this assignment. d) Mayor Robert A. Spieael Reports/Comments(Reauests — - Alessandro Allev Update: Requested an update on the current status of the project. Mr. Wohlmuth answered that the last 17-foot piece of land had not yet been secured and agreed to provide a report at the next meeting. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:24 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A SPIEGEL, MAYOR 061