HomeMy WebLinkAbout2014-04-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 24, 2014
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Tanner convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilmember Jan C. Hamik
Councilman Robert A. Spiegel
Mayor Pro Tem Susan Marie Weber
Mayor Van G. Tanner
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
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
Tony Bagato, Principal Planner
Stephen Y. Aryan, Risk Manager
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Govemment Code
Section 54956.8:
1) Property: 44215 San Pascual (APN 627-102-017), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Martin Alvarez/
City of Palm Desert/Successor Agency to the Palm Desert
Redevelopment Agency
Property Owner: Successor Agency to the Palm Desert
Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
2) Property: 73697 Santa Rosa Way (APN 627-102-019), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Martin Alvarez/
City of Palm Desert/Successor Agency to the Palm Desert
Redevelopment Agency
Property Owner: Successor Agency to the Palm Desert
Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
3) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Justin E. and Patricia Mansker
Under Negotiation: A. Price x Terms of Payment
4) Property: 42065 Hovley Gardens Drive (APN 624-430-005),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Commercial Pacific Holding, Inc.
Under Negotiation: x Price x Terms of Payment
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5) Property: 75475 Orange Blossom Lane (APN 634-061-030),
Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner. Jack Gamer, c/o Estate of Jack Gamer
Under Negotiation: 2_ Price X Terms of Payment
B. Conference with Legal Counsel regarding existing litigation pursuant to
Govemment Code Section 54956.9(d)(1):
1) City of Palm Desert v. Shah, Riverside County Superior Court, Case
No. INC 1301195
2) People v. Shah, Riverside County Superior Court, Case
No. INM 1301466
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Govemment Code Section 54956.9(d)(2):
Number of potential cases: 2
With City Council concurrence, Mayor Tanner adjourned the meeting to Closed
Session at 3:01 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
Michelle Dan
VII. INVOCATION - Councilmember Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
MS. CELIA HALLFORD, resident of Palm Desert Greens Country Club,
Palm Desert, stated the back gate of their development is on Frank Sinatra Drive
between Monterey and Portola Avenues. She said there is a median barrier on
Frank Sinatra Drive at the back gate that prevents a car from turning left onto Frank
Sinatra to easily get to Monterey Avenue. As it is currently, she explained that you
have to go one way a mile east, then back two miles westerly to reach Monterey
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Avenue where all the big shops are and the most direct route to everywhere one
needs to go; there's nothing at the other end of Frank Sinatra. She asked that the
median barrier be removed because it doesn't really serve a purpose, as she hardly
ever encounters any other traffic there. She said if there is traffic in the future, a
stop sign could be installed, noting that Country Club Drive is a very busy street, but
Frank Sinatra is seldom traveled.
Upon Mayor Tanner's inquiry, Mr. Greenwood responded that the location
Ms. Hallford was referring to used to have a significant accident history involving left
tums. Therefore, the left-tum access was blocked off in the interest of safety; cars
can still tum left into Palm Desert Greens, they cannot tum left going out.
MS. HALLFORD added that every time she egresses that gate, the traffic signal is
holding all the traffic, and she never encounters any. She felt the issue should be
revisited, and Mayor Tanner said the City would do so.
MS. LORI CARNEY, City of Palm Desert Human Resources Manager, wished to
inform the City Council and public that over the last two weeks, City of Palm Desert
employees donated materials and their time to create Easter baskets for youth in
the community. She said 38 of those baskets were given to children at Shelter
From The Storm, and the City received a very gracious letter from Shelter in
appreciation for the donation, which was received for the record and is now on file
in the City Clerk's Office. She added that the remaining 41 Easter baskets made
by City employees were donated to the Coachella Valley Rescue Mission, which
was also extremely grateful to receive them.
Mayor Tanner thanked Ms. Camey for the report and also added his thanks to
employees for a job well done.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE JANET HANSON FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS
IMPROVEMENT DISTRICT BOARD, 2005 - 2014.
On behalf of the entire City Council, Mayor Tanner presented an engraved
crystal clock to Ms. Hanson in appreciation for her nine years of service on
the El Paseo Business Improvement District Board.
B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
MAY 2014 AS "MENTAL HEALTH MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the entire City Council, Mayor Tanner presented the
proclamation to representatives of the Riverside County Mental Health
Board, Jim Jones and Denise Diamond.
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MR. JONES said that he and MS. DIAMOND serve on the Desert Region
Mental Health Board. He explained that there are three regional boards plus
the main board within Riverside County, and they are appointed by the
Director of Mental Health to represent consumers from each of the County's
regions. The Mental Health Board and the regional Mental Health Boards
are advisory groups consisting of volunteers who work with the Riverside
County Department of Mental Health to provide consumer and professional
input as they relate to mental health services, and Mr. Jones and
Ms. Diamond very graciously received the City's Proclamation. He went on
to say that locally they are celebrating Mental Health Month 2014 with an Art
Show and Creative Writing Contest on Tuesday, May 13, that's been held for
about the last 15 years. He also invited City Councilmembers and the public
to the "May is Mental Health Month" event at Fairmount Park in Riverside.
Proclamations from all Riverside County cities will be on display at the event,
which provides the community with opportunity to speak directly with mental
health staff from each of the programs, as well as representatives from
outside agencies who can fully explain services, programs, clinic locations,
and answer any questions. This event is held annually through the
collaborative efforts of the Mental Health Board and the Mental Health
Department to raise awareness of mental illness and advocate for treatment
and recovery. He noted that the event is free to the public and includes a
variety of activities and informational resources, along with a children's
activities center, local dignitaries, food and music. He provided a supply of
fliers to the Council and for general distribution, and again thanked the City
for the recognition.
C. PRESENTATIQN OF UPDATE ON PALM DESERT YOUTH COMMITTEE
ACTIVITIES BY COMMITTEE MEMBER MICHELLE DAN.
MS. DAN reported that the Palm Desert Youth Committee and the Riverside
County Youth Advisory Council were teaming up to hold a Car Wash Fund-
raiser benefitting the Jill Grant Memorial Scholarship Fund on Saturday,
May 17, from 9:00 a.m. to 1:00 p.m. The fund-raiser will be held at the
Palm Desert Self -serve Car Wash on Highway 111 across from
Tony Roma's. She stated that pre -sale tickets for the Car Wash are $5 and
available in the front office at Palm Desert High School, as well as from
Youth Committee Advisor Amy Lawrence at City Hall.
D. PRESENTATION QF INFORMATIONAL REPORT TO CITY COUNCIL BY
COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT
ENVIRONMENTAL BIOLOGIST JENNIFER HENKE, REGARDING THE
DISTRICTS EFFORTS TO REDUCE AND ELIMINATE MOSQUITOES.
MR. DOUG WALKER, Palm Desert's appointed representative to the
Coachella Valley Mosquito & Vector Control District (CVMVCD), was pleased
to introduce Ms. Henke to the City Council and provide some good news to
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the community — that it was nice to know that one of the City's cooperating
agencies is functioning well. He said Ms. Henke has been the District's
Environmental Biologist for the last approximately three years and felt it was
representative of the professional level of the staff currently employed by the
District. He said she would be providing a brief review of the kinds of
programs she has and the cooperation with local cities, including
Palm Desert, to work on what people often don't know about as sources of
mosquitoes — storm drain sites.
MS. JILL OVIATT, CVMVCD Public Information Officer/Manager, reported
that this is "West Nile Virus Awareness Week" across the State of Califomia,
as declared by the California Legislature. She called attention to the packets
of materials she provided each Councilmember, which includes a "Fight The
Bite" insert that gives tips to Palm Desert and the rest of the Coachella Valley
residents on what they can do to help protect against West Nile Virus, which
is carried by some of mosquitoes in the desert. She publicly thanked the
City's Public Information Officer, David Hermann, who's been very helpful by
getting information out to the public through the City's website and linking to
the District's during the most critical time for making residents aware of the
need to be looking out for mosquitoes. She noted that we've just
experienced a warm winter and warm spring, mosquitoes will come out early,
and they expect another year of West Nile Virus transmission. She
encouraged everyone to stay safe and "fight the bite."
MS. JENNIFER HENKE, CVMVCD Environmental Biologist, referred to a
PowerPoint presentation, which was previously handed out to
Councilmembers and is on record in the City Clerk's Office, and addressed
the City Council about storm water structures and how they can breed
disease -carrying mosquitoes, which are found in the Coachella Valley. She
reported on the mosquito life cycle, which is mostly water -based, and various
ways the District works to reduce and eliminate them. She credited the City's
Public Works Department with helping to develop a terrific partnership with
the District to eliminate standing water in storm water receptacles. She said
the District has a robust inspection schedule for checking and testing areas
where water is or may be present, last year making about 36,000 such
inspections throughout the Valley and 10,000 treatments to kill larval
mosquitoes living in standing water. She said even then, they caught about
250,000 adult mosquitoes flying around so that they can be tested for
carrying West Nile Virus. If found, she said that's when some of the District's
other control activities begin — either spraying vegetation to catch those adult
mosquitoes where they're resting, or doing nighttime sprays with an ultra -low
volume amount of pesticide in order to kill them at night when they're flying
around. She noted that it would be her goal to eliminate all standing water
locally, adding that residents are very good about reporting the visible sites
of standing water (e.g. water standing in gutters from over watering or
"green" swimming pools). Water standing undemeath the street was more
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conceming — that which comes off residents' lawns and rolls down the street
into storm water structures that are required for the times when the area has
a rain event. She said Palm Desert does a fantastic job of cleaning out
storm water drain sites that the City owns, but there is often a lack of regular
maintenance done on those controlled by homeowners' associations or
property management groups. She also credited the City's Planning
Department with helping ensure proper design of storm water receptacles.
MS. HENKE went on to say that the District wanted to try installing retrofit
accessories to some of the catch basins to help eliminate concerns; there
were four sites down the road that caused particular problems with many
treatments, and the Public Works Department agreed to let the District install
two different types of catch basin gates. She offered that the goal was not
only to keep debris out of those areas but also mosquitoes, because if the
debris is absent, products the District uses can better go through the water
column and provide better control of mosquitoes that are present. She said
the two types of catch basin gates were a stainless steel and a baleen -bristle
screen. She noted that the manufacturer of the baleen -bristle screen touted
it as a total blocking mechanism for mosquitoes. She said they cleaned out
the two catch basins before installing the two types of screens — carefully
removing all the material present and weighing it as a baseline measurement
to compare against after screens were installed. With installation of the
stainless steel screen, it helped reduce the amount of debris getting in by
92%, and by 82% on the installation with the baleen -bristle screen, where
she said some concrete and Styrofoam got underneath the bristles. Follow-
up treatments for mosquitoes in those locations provided a mixed result; one
of the stainless steel sites had more treatments, one less, which they
attributed to more water getting into the One site with some activity going on
from residents up the street. She reported that one of the bristle -screen sites
went completely dry and stopped being a mosquito site, which was terrific;
the other site also had fewer treatments, also a positive result. Overall, she
said that concrete and Styrofoam could get into the bristle -screen site that
could be a problem for the Public Works Department; mud from rain clumped
the bristles together, leading to mosquitoes being able to get through them
afterward. Further, street sweeping was an absolute must with the stainless
steel screens, with some mud accumulating outside the screen that was
eliminated after the sweeper went by. Screens reduced the number of
chemical treatments required, which was the District's goal, and she said
they felt the stainless steel screens worked better for these sites, even
though one site had more treatments, it did a better job of keeping trash out
and was a better use of the money spent. Besides these types of retrofits,
she noted that there were other methods of preventing mosquitoes —
educating residents about over -watering with events like "West Nile Virus
Awareness Week," working together on maintenance of problem sites with
Mr. Greenwood and his department and continuing to install retrofits, which
has been discussed for the future, and using good design principles to
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prevent problems. She said that meant not just size of the storm water
structures but also the landscaping around them — setting the sidewalk next
to the street and even setting back the grass area adjacent or replacing it
with desert-scape helps prevent water from accumulating in the storm drain.
She said doing these things will lead to catch basins being dry and helping
to "fight the bite" together.
Upon inquiry about whether or not the stainless steel gates would interrupt
the flow of water if debris accumulates in front after a large rain event,
Ms. Henke said the gates were installed in February 2013, and there was a
big August rain and one again February 2014, and the stainless gate will flip
open during a heavy rain so that water can get out of the street quickly.
Once the flow slows, the gate closes. Responding further about how many
mosquitoes with West Nile Virus were discovered annually, she said it varies
every year; in 2013 there were 45 positive mosquito pools throughout the
Valley, and three local residents contracted the virus. She said the
Coachella Valley has been fortunate not to have any deaths, but there have
been deaths in the County since the virus was introduced in 1999.
Answering a question about symptoms of the virus, she said a person would
experience flu -like issues (headache, fever, nausea), but if it's one of the
more serious concerns, it's a flu that doesn't go away. Problems can then
move on into neurological issues of coma, or problems speaking or walking.
Fortunately, she said the disease is relatively rare; most people don't have
symptoms or just have a very Tight flu -like case. She restated that if
someone experiences a flu that doesn't go away, they should visit their
doctor to make sure it's not something more serious.
Councilmembers thanked Mr. Walker, Ms. Oviatt, and Ms. Henke for the
enlightening presentation.
X. CONSENT CALENDAR
A. MINUTE of the Regular City Council Meeting of April 10, 2014.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 202, 203, 206, 207, 208, and 212.
Rec: Approve as presented.
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C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Marketing Committee Meeting of March 25, 2014.
2. Parks & Recreation Commission Meeting of February 4, 2014.
3. Public Safety Commission Meeting of February 12, 2014.
4. Youth Committee Meeting of March 3, 2014.
Rec: Receive and file.
D. APPLICATION FQR ALCOHOLIC $EVERAGE LICENSE by Stoli Group,
U.S.A., LLC, 72948 Willow Street, Palm Desert.
Rec: Receive and file.
E. RESOLUTION NO. 2014 - 29 - A Resolution of the City Council of the City
of Palm Desert, Califomia, Setting Forth its Findings and Authorizing the
Destruction of Temporary Use Permits from the Department of Community
Development that Have Been Digitally Imaged, Dated 2000 - 2003.
Rec: Waive further reading and adopt.
F. REQUE$T FOR APPROVAL of the Streamlined Use of Vendors for the
Special Programs Department in Fiscal Year 2014-2015 by Granting an
Exception to the Bidding Requirements in Palm Desert Municipal Code
Section 3.32.090.
Rec: By Minute Motion: 1) Grant an exception to the bidding requirements
as provided for by Section 3.32.090 of the Palm Desert Municipal
Code for FY 2014-2015 for the Special Programs Department;
2) approve the Special Programs Department's Preferred Vendor List
for this purpose.
G. REQUEST FOR EXTENSION of Contract with White Nelson Diehl Evans,
LLP, to Perform Auditing Services for the City and its Related Entities for
One Additional Year (Contract No. C27545).
Rec: By Minute Motion, authorize extension of the subject contract with
White Nelson Diehl Evans, LLP, Irvine, Califomia, for one additional
year, Fiscal Year Ending June 30, 2015.
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H. REQUEST FOR AUTHORIZATION for Director of Public Works to Submit
Grant Applications for COLMAC Funds.
Rec: By Minute Motion, authorize the Director of Public Works to submit
Grant Applications for COLMAC (Colmac Energy, Inc., Litigation
Settlement) Funds in response to a call for projects by the County of
Riverside.
Upon a motion by Spiegel, second by Hamik, and 5-0 vote of the City Council
(AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None), the Consent
Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
1. ORDINANCE NO. 1267A-AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
ZONING ORDINANCE AMENDMENT TO MODIFY
SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE
PLACEMENT STANDARDS AND SECTION 25.99 - DEFINITIONS -
TO COMBINE AND MAKE DEFINITIONS CONSISTENT FOR
ACCESSORY BUILDINGS AND STRUCTURES,
Case No. ZOA 13-3Z (City of Palm Desert, Applicant).
Associate Planner Eric Ceja stated this was the second reading of the
Ordinance. He offered to answer any questions.
Councilman Spiegel moved to waive further reading and adopt Ordinance
No. 1267A. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson,
Hamik, Spiegel, Weber, and Tanner; NOES: None).
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2. ORDINANCE NO. 1271 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE,
RELATING TO SINGLE -USE CARRYOUT PLASTIC BAGS AND
PROHIBITING THE FREE DISTRIBUTION OF RECYCLED PAPER
BAGS BY RETAIL ESTABLISHMENTS (City of Palm Desert,
Applicant).
Principal Planner Tony Bagato stated this item was approved at the
last City Council for first reading, and this was the second reading of
the Ordinance. He brought with him and displayed different types of
bags at the podium, which included the single -use plastic bag that the
Ordinance would prohibit, larger bags that are allowed under the
Ordinance, and reusuable bags. He pointed out Lulu Lemon provided
a canvas -style reusuable bag for free. He also displayed a sample of
the reusuable bags the City will be ordering and handing out to
residents at special events; the City will be ordering 10,000 reusable
bags. Responding to question, he said Bed Bath & Beyond's bag is
approved as a paper bag, and there will be a ten -cent charge. The
reason for the ten -cent charge is to avoid creating a one-to-one ratio
between plastic and paper. Currently, it is estimated that 22 million
plastic bags are used in Palm Desert. In other words, staff didn't want
the numbers to become 22 million paper bags versus 22 million
plastic bags. He said this is the Ordinance that's being used
throughout other cities and counties in Califomia, and it is also the
ordinance Coachella Valley Association of Governments (CVAG) and
other local cities have approved. The ten -cent charge is to avoid a
one-to-one conversion from people using 100% plastic to 100%
paper. When the charge was used in San Francisco, they found that
after six months 94% of the people used reusable bags. He pointed
out the City is providing a longer lead time so that staff can provide
education to businesses and residents. Additionally, hotels and
timeshares are going to provide reusable bags, so visitors coming into
town will have bags provided to them. He said the charge can be
avoided if people brought their own bag. On the issue of enforcement
of the ordinance, he has some ideas to share if Council wished to
discuss it further.
Mayor Tanner asked staff to elaborate on the time frame for the
enforcement of the Ordinance.
Mr. Bagato explained that if the Ordinance is approved for second
reading, the effective date of the Ordinance becomes October 1,
2014, which kicks off a six-month time limit to April 1, 2015, for large
grocery stores that generate more than $2 million worth of sales.
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Small stores that are 10,000 square feet or Tess, retail and
non -grocery, have a full year from October 2014 to comply, which
would be October 2015. Upon the effective date of October 1, 2014,
staff plans to send out newsletters and/or mailings to businesses to
inform them of the time limit, which can also be done through
business licensing. Staff will provide education and promote reusable
bags through special events. Once the Ordinance is into effect, first
and foremost before issuing any possible citations, staff will look into
a complaint and provide some education. After a couple of years of
the Ordinance, staff may consider hiring a consultant to conduct a
survey, because other cities found that after three years they had
98% compliance; they conducted a spot check on the 2% of the
stores that were noncompliant. However, Palm Desert would like to
be less intrusive, and enforcement of the ordinance will mostly be
complaint driven with possibly using a consultant down the road to
check for compliance, which can be done every five years. Ultimately,
if someone was unwilling to work with the City, there would potentially
be a fine under the basic fine structure, which can be $50 per citation,
but that would be the worse case scenario. A couple of the
jurisdictions he spoke with that have been doing it for years, never
had to fine anyone. In Palo Alto, they only had to audit one company
that reluctantly violated the ordinance. He said this is what's been
going on in northern California and in the coastal communities, and
the ten -cent charge has been implemented by most of the Califomia
ordinances that have been approved to date.
Councilman Spiegel asked if the Macy's bag met the ordinance's
approval.
Mr. Bagato answered yes, stating it met the thickness requirement.
Councilmember Hamik stated that as an example, the bags with the
handouts provided earlier by the Mosquito & Vector Control District,
would not be subject to the Ordinance.
Mr. Bagato agreed. Responding to question about the National List
provided by staff, he explained that in his past presentation he had
referenced there were more than 116 cities and counties that had
adopted a ban on single -use plastic bags, so he went to the Califomia
recycle websites and downloaded a list of national ordinances. He
felt it was important to show that a lot of people that traveled to Palm
Desert, even from higher -end and larger communities, were already
following a similar ordinance. For instance, in Texas and Alaska they
have a five -cent charge. Ordinances that include a ten -cent charge
appears to bring about the highest change in behavior; some areas
in Califomia charge up to twenty-five cents. Additionally, large
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franchises in California are already implementing similar ordinances,
and they have indicated to him they preferred consistency. Staff also
believes it would be best to keep the Ordinance consistent with other
communities, stating it would be difficult, confusing, and complicated
for staff to enforce a charge for one business and a different charge
for another, and probably even more complicated for residents,
business owners, and visitors. He reiterated this was the ordinance
that was presented through CVAG regionally, which the City believed
was the best approach. Responding to question about heavier plastic
bags versus paper bags, he said stores can choose to use paper or
a canvas bag, but if they use paper, there will be a ten -cent charge.
Further responding, he confirmed there is no charge for using a
thicker plastic bag.
Mayor Tanner asked about the bags used to store vegetables, meats,
and/or dry cleaning bags.
Mr. Bagato replied thin plastic bags can be used if there is a
contamination issue.
Mayor Tanner asked if the Grocers Association had any concerns with
the proposed Ordinance.
Mr. Bagato said the Grocers Association supports the ordinance with
a ten -cent charge for paper, but if there was no charge, they would be
concerned. He said it was a huge cost to the grocers to use paper
bags, stating it took seven truckloads to deliver the amount of paper
bags equal to one delivery of plastic bags. Additionally, the amount
of gasoline being used to ship paper bags to grocery stores has an
environmental impact as well. Therefore, the grocers are in support
of the charge, because it will implement more reusable bags. He said
from an overall sustainability and waste reduction standpoint, the
ordinance will help eliminate plastic bags, reduce waste, and cut down
emission by delivery trucks.
Councilmember Benson asked if staff checked with other cities similar
to Palm Desert, like Carmel, as far as tourist.
Mr. Bagato replied he checked the bay area, not necessarily the
coastal ones, and found Palo Alto has a similar high -end retail district.
He said the national chains are familiar with this ordinance, because
they are implementing it in their stores at other cities, and they didn't
have a problem with it. He said the Ordinance is very new to the
desert and even in southern California, unless you are on the coast.
He said Los Angeles was just introduced to this ordinance over a year
ago, and northern Califomia has been doing this for more than three
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years. However, it was definitely a surprise for businesses here in
Palm Desert.
MS. MARY CARDAS, Savory Spice Shop, Palm Desert, stated that
in general she supported the ordinance as she too was tired of
collecting single -use plastic bags. However, her only concern was the
requirement of having to print on each paper bag the recycled
contents, which is not as big a deal as also having to put the address,
location, and printer on each bag. As a franchisee, they currently
have paper bags that are from a single source, and other cities that
have enacted these bans did not have this requirement. Therefore,
having to hand stamp or have to provide that specific information was
a bit onerous.
MR. BOB FLIDAY, The Gardens on El Paseo, Palm Desert, stated he
represented quite a few stores at The Gardens on El Paseo and El
Paseo Village. He appreciated what the City was trying to do with the
plastic bags, particularly at the grocery stores, because he too would
prefer not to have them. However, on the flip side, all the stores he
represented, with the exception of Apple, have always used paper
bags. He checked all the bags he had in his office and not one was
compliant, because it didn't show the location other than it was made
in China. He displayed a Louie Vuitton bag that indicated it was made
out of recycled material. He expressed concemed that most of these
stores from the inception have used paper bags, and now all of a
sudden will be required to charge ten cents, which seemed like an
irritant charge for customers. He understood charging ten cents in big
cities like San Francisco, but here on El Paseo where they have high -
end businesses and stores that have never charged for bags, he
found foolish. He said if the grocery stores were going from plastic to
paper and incurring a substantial cost, he could understand them
trying to recover some of that cost, but for Louie Vuitton to retain ten
cents on something they never had to do before, given their bags
probably cost $2.50, was ludicrous.
Councilman Spiegel asked how the stores in Los Angeles and San
Francisco were handling it.
MR. FLIDAY replied they are charging ten cents, but those are big
cities. He reiterated this seemed like a foolish charge for a small
business district like El Paseo. He said it was the ten cents that
bothered him the most, in addition to having to provide the required
information on the bags, which will cost stores a lot of money. He
questioned how the City will deal with doggy bags at restaurants.
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Councilmember Hamik explained the Ordinance didn't apply to bags
where there is a possibility for contamination relating to food. She
asked staff what was the intent of having all the recycled information
on the bags, and what was the Ordinance trying to achieve.
Mr. Bagato said the language was obtained from other jurisdictions
when the model ordinance was created. He noted some jurisdictions
dropped this requirement, because it was one of the bigger
contentious items. For instance, Apple was against it in San Jose, so
the requirement was removed from the Ordinance. He explained that
because the paper bag is supposed to be a certain percentage of
recycled material, proof of where it was obtained became a
requirement. He said if Council was willing, the definition on this
issue can be modified, and staff can reum for another second
reading.
Councilman Spiegel clarified the ten -cents would be kept by the store;
the City wouldn't make any money on the bags.
MS. LAURA PERALTA, Representative of the Califomia Grocers
Association (CGA), Burbank, Sacramento, thanked the Council for
joining CVAG and Coachella Valley cities in going forward with the
proposed Ordinance. She said she represented the southern
California area, and her counterpart represented northern Califomia;
they work with more than 100 cities who have implemented this
Ordinance successfully. She said it has been great working with
Mr. Bagoto in getting all the questions answered. She said CGA is a
nonprofit statewide trader association who represents the food
industry with more than 500 retail member companies and
approximately 300 supplier companies. She said CGA supports the
proposed Ordinance, because their model is a ban on plastic and a
charge on paper. For the grocers' industry it's very important to
implement a ten -cent charge, because municipalities that went off the
road with a different type of ordinance and didn't charge the ten cents,
behavior changed from consumers using the single -use plastic bags
over to using paper bags. When this happened in San Francisco,
there was a significant cost, so they were happy to give out free
plastic bags that cost one cent. Therefore, moving forward with this
model that includes a ten -cent charge is very important for the grocery
industry, and that encompasses convenient stores, and other stores
like Target. She said it was important to have consistency with
neighboring cities so that consumers didn't go over to another city to
avoid paying the ten cents, and equally important for consumers to
understand what the policy is in the regional area, because it's better
for business. She offered to answer any questions.
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Mayor Tanner inquired about the lettering requirement on paper bags,
stating it would be an expensive venture, especially when trying to
purchase In bulk for stores such as Louie Vuitton. He asked
Ms. Peralta if other jurisdictions are implementing the definition
requirement or are they opting to eliminate it from the ordinance.
MS. PERALTA replied she hadn't seen this be an issue, but she will
work with Mr. Bagato to research how other jurisdictions have gone
around it.
MR. DAVID FLETCHER, El Paseo, Palm Desert, expressed support
for the proposed Ordinance as it pertains to grocery stores. He said
he understood the ten -cent charge and its intent to discourage people
from using single -use plastic bags and converting to paper bags to
encourage the use of reusable bags. Additionally, he understood
grocery stores trying to compensate for the increase cost of paper.
However, as President of the Merchants Association for El Paseo, he
asked the Council to limit this ordinance to grocery stores in Palm
Desert and not expand it to all retailers. He went on to say he was
confused about all the cities that have enacted this model ordinance,
because it appears there are variations of this ordinance. He
questioned how many of the 160 cities have the same requirements
that are in Palm Desert's ordinance, and is the ordinance expanded
to all retailers in their city. Secondly, this ordinance only allows Palm
Desert merchants to use recycled paper bags or reusable bags that
contain 40% recycled material, the proper labeling, and 100%
recyclable. Unless it met the ordinance requirement, a merchant
would be prohibited from giving out that bag. However, if they do use
an approved bag, there is a charge that needs to be separately
itemized on the sales receipt. As it pertains to El Paseo merchants,
he is afraid that customers that come to Palm Desert will find it an
annoyance. He spoke to someone who experienced this situation in
San Francisco, which apparently also applied to some retailers, and
her reaction was to put her purchase in a bag she already had from
another merchant. He said El Paseo stores use their bags as
advertisement, and he wasn't sure that it would be in the best interest
of El Paseo stores to have a customer put their purchase in another
merchant's bag. He spoke with the general manager at Westfield
who also shared the same concem of customers bringing their own
bags as a shoplifting concern, which is a behavior they didn't want to
encourage. He said this ordinance was an overstep by the City,
stating it was dictating that someone must be sustainable. He
wondered what would be next, will the Council then dictate that
people should drive Prius and/or ban all greeting cards that are not
made of recycled material. He again asked the Council to limit this
ordinance to grocery stores.
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Councilman Spiegel pointed out that according to the National List of
Local Plastic Bag Ordinances, which was provided by staff, under Los
Angeles City, it states, "In June 2013, the LA City Council adopted an
ordinance banning single -use plastic bag and placed a ten -cent
charge on paper bags. Effective for large supermarkets in January
2014, it was expanded to drug stores, convenience stores, and other
supermarkets in July 2014." Based on that information, the ordinance
wouldn't apply to these small stores.
Mr. Bagato agreed in Los Angeles it wouldn't apply to small stores.
However, most current ordinances that have gone out, it does apply.
He said as a quick survey, in the first four pages of the List, he found
twenty of the ordinances that prohibit all retail. He explained that
initial ordinances were only for grocery, pharmacies, and drug stores,
and in some of the larger counties, they are dealing with it as well. He
said many cities in the coast and northern Califomia, which this
ordinance was modeled after and endorsed by CVAG, is the one
every local community is looking to support. In order to keep
uniformity in the Valley, it will apply to all retail.
Councilman Spiegel asked if the Council can remove the signage
requirement from the paper bag.
Mr. Bagato replied the condition can be modified. He recommended
this item be continued to the first meeting in May to allow him to work
with the Califomia Grocer Association in modifying the condition. He
will also have the City Attorney review and look at other jurisdictions
that didn't include that definition.
Mayor Tanner stated he would support a continuation. However, he
felt everyone needed to understand the City of Palm Desert wants to
be at the front end of this, because the City will be faced with a State
mandate. As much as Palm Desert didn't want to be controlled again
by the State, the Council is trying to adopt an Ordinance and make it
the best thing for Palm Desert. He believed the ordinance can be
made more convenient to the stores where they can use bags in
multiples as oppose to redoing every bag.
Councilman Spiegel moved to, continue to the meeting of May 8, 2014, with staff
directed to make the appropriate contacts and rework the language regarding the printing
required on recycled paper bags. Motion was seconded by Weber.
Mayor Pro Tem Weber stated that regardless of whether or not the
City will remove the printing requirement, stores will still be required
to use recycled paper bags. However, the Council was still faced with
the other issue of retailers charging ten cents, showing proof of a
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014
separate line item, reconciling their inventory, and so forth for an
audit. She asked if there was a way to eliminate this from the
ordinance.
Mr. Bagato agreed to look into the printing requirement, but on the
other, if the City eliminated the separate line item, how would staff
monitor retailers for enforcement, stating an audit would be the
ultimate last resort. He agreed to look into modifying this issue as
well, if that was the Council's purview
Councilman Spiegel asked if Palm Springs had any problems.
Mr. Bagato replied Palm Springs has already approved the first and
second reading, including Desert Hot Springs. He said Palm Springs
ordinance will go into effect in April, and October for the larger stores;
Desert Hot Springs will go into effect after the summer.
Councilmember Hamik agreed with Mayor Tanner's point that this
ordinance will be State mandated, and she would prefer Palm Desert
make its own rules, regulations, and ordinances. She said the State
has continuously proven they didn't necessarily have the City's best
interest at heart. In reviewing the National List, she noticed there are
ordinances adopted in 2007 where they charged $1.00 per bag.
Additionally, the ten -cent charge can be turned into a positive by
donating the funds to a local charity or "Paint El Paseo Pink." She
agreed staff needed to study the printing requirement further, but
most bags are thick enough that they wouldn't be subject to the
single -use issues. She reiterated Palm Desert needed to be at the
forefront of this ordinance before the State implemented something
that wouldn't be Palm Desert favored.
Mayor Tanner pointed out plastic bags were the issue and not paper
bags, and as a last resort, the paper bag would go into an audit
system for retailers up and down El Paseo. He said this was more of
a grocery issue than any other.
Mayor Tanner called for the vote, and the motion to continue the item carried by 5-0
vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None).
Mayor Tanner thanked Mr. Bagato for all the research and input,
stating the Council was also looking forward to putting this issue
behind at the May meeting.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014
XIV. NEW BUSINESS
A. REQUE$T FOR &WARD QF CONTRAQI FOR LANDSCAPE
MAINTENANCE AREA NO. 6 TO MARIPOSA LANDSCAPES, INC., FOR A
24-MONTH TERM IN THE AMOUNT OF $145,224, PLUS AN AMOUNT
NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($29,044.80) FOR
EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C333(V.,
PROJECT NO. 906-14).
Mr. Greenwood noted this contract and two other landscape contracts on the
Agenda are routine landscape maintenance contracts. The contracts are for
terms of 24 months and they can be extended beyond that with Council
approval. He added two of the three contracts have significant cost
increases over the previous years, because the method of awarding the
contract was changed. They are professional services contracts rather than
a low bid construction -type contract. Staff did this with other landscape
contracts and they have been successful, in that the City gets what it expects
in the level of service. With the low bid method, the City didn't get the level
of service it needed; therefore, staff recommended approval for all three
contracts on the agenda.
Councilmember Hamik moved to, by Minute Motion: 1) Award the subject contract
for Landscape Maintenance Area No. 6 (LMA No. 6) to Mariposa Landscapes, Inc.,
Bermuda Dunes, Califomia, for a 24-month term in the amount of $145,244
($72,612/year); 2) include extra repair work and services in an amount not to exceed 20%
of the 24-month contract amount ($29,044.80); 3) authorize the Mayor to execute said
contract — funds are available in Desert Willow Account Nos. 441-4195-495-3320
(Maintenance) and 441-4195-495-3321 (Extras). Motion was seconded Spiegel.
Mr. Wohlmuth pointed out the additional charge for the landscape contracts
are included in the 2014/2015 proposed budget.
Mayor Tanner called for the vote, and the motion carried by a 5-0 vote
(AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None).
B. REQUEST FOR AWARD OF CQNTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 9 TO MARIPOSA LANDSCAPES, INC., FOR A
24-MONTH TERM IN THE AMOUNT OF $360,984, PLUS AN AMOUNT
NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($72,196.80) FOR
EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33310,
PROJECT NO. 909-14).
Please refer to New Business Item A for discussion and action.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for
Landscape Maintenance Area No. 9 (LMA No. 9) to Mariposa Landscapes, Inc., Bermuda
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014
Dunes, Califomia, for a 24-month term in the amount of $360,984 ($180,492/year);
2) include extra repair work and services in an amount not to exceed 20% of the 24-month
contract amount ($72,196.80); 3) authorize the Mayor to execute said contract — funds are
available in the Landscape Repairs/Maintenance Account, No. 110-4614-453-3370.
Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel,
Weber, and Tanner; NOES: None).
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 17 TO EXCEL LANDSCAPE, INC., FOR A
24-MONTH TERM IN THE AMOUNT OF $453,840, PLUS AN AMOUNT
NOT TO EXCEED 20% OF CONTRACT AMOUNT ($90,768) FOR EXTRA
REPAIR WORK AND SERVICES (CONTRACT NO. C33410, PROJECT
NO. 917-14).
Please refer to New Business Item A for discussion and action.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for
Landscape Maintenance Area No. 17 (LMA No. 17) to Excel Landscape, Inc., Corona,
Califomia, for a 24-month term in the amount of $453,840; 2) include extra repair work and
services in an amount not to exceed 20% of the 24-month contract amount ($90,768);
3) authorize the Mayor to execute said contract — funds are available in Account
Nos. 110-4610-453-3320 - R/M Landscape Services,110-4611-453-3320 - R/M Landscape
Services, and 110-4610-453-3371 - Tri-Cities Sports Facility. Motion was seconded by
Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner;
NOES: None).
D. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ), SEEKING AN ARTIST OR ARTIST TEAM TO
CREATE ARTWORK FOR EITHER THE WEST- OR NORTH -FACING
EXTERIOR WALL OF THE COMMUNITY BUILDING AT CARLOS ORTEGA
VILLAS; AND APPROVAL OF THREE (3) $1,000 HONORARIA TO
FINALISTS TO CREATE PROPOSALS FOR THE ARTWORK (CONTRACT
NO. C33500).
Management Analyst Deborah Schwartz stated this is one of the Public Art
components for the Carlos Ortega Villas. The idea for this piece is for the
artist to create either an enduring tile or glass non -painted mural for the
complex. The mural will be based on the life of Carlos Ortega, so as part of
the proposal, the artist will be required to work with the City and people who
knew Carlos. She said the proposal will come back to Council for final
approval.
Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to issue an RFQ,
seeking an artist or artist team to create artwork for either the west- or north -facing wall of
the Community Building at Carlos Ortega Villas; 2) approve honoraria in the amount of
$1,000 each, for a total up to $3,000, for up to three (3) finalists to create a design
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proposal for the artwork — funds will be disbursed in FY 2014-2015 from Account
No. 436-4650-454-4001. Motion was seconded by Benson and carried by a 5-0 vote
(AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None).
E. REQUEST FOR APPROVAL OF 18 SCULPTURES AND THREE (3)
ALTERNATES SELECTED FOR THE 2015/2016 EL PASEO EXHIBITION;
AND APPROVE HONORARIA OF $2,576 FOR EACH OF THE
PARTICIPATING ARTISTS (CONTRACT NOS. C33510A - R).
Responding to question about the time line for installation of the sculptures,
Management Analyst Deborah Schwartz replied the current show will go out
at the beginning of October, and the new sculptures will go in before
Thanksgiving, because installation does require some road closures.
Mayor Pro Tem Weber stated she was fortunate to be a part of the Art In
Public Places Commission, stating it's been very educational and she is
enjoying it immensely.
Mayor Pro Tem Weber moved to, by Minute Motion: 1) Approve the 18 sculptures
and 3 altemates selected for the 2015/2016 El Paseo Exhibition; 2) approve honoraria of
$2,576 for each of the participating artists — funds will be available in Account
No. 436-4650-454-4002 in FY 2014-2015. Motion was seconded by Hamik and carried by
a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None).
F. REQUEST FQR APPROVAL OF A BOND PROCEEDS FUNDING
AGREEMENT IN AN AMOUNT NOT TO EXCEED 25% OF THE TOTAL
PROJECT COSTS FOR THE PORTOLA AVENUE / INTERSTATE 10
INTERCHANGE PROJECT BY THE COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS, SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY, AND CITY OF PALM DESERT (CONTRACT
NO. C33520 (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY
TO THE PALM DESERT REDEVELOPMENT AGENCY).
Management Analyst Veronica Tapia stated that in 2008 the City Council
approved the future construction of the Interchange at Portola Avenue and
Interstate 10 with Coachella Valley Association of Govemments (CVAG). In
anticipation of the project, the Redevelopment Agency included it in the
bonds that were issued for $15 million. Approval of the Bond Proceeds
Funding Agreement will allow the City to deposit the funds with CVAG in
anticipation of the construction and to use the funds for the intended
purpose. The Agreement went before CVAG's Transportation Committee
and Technical Advisory Committee earlier this month, and both committees
approve it. The Agreement will now go before the Executive Committee on
Monday for final approval. If the proposed Agreement is approved by the
City Council this evening, and CVAG's Executive Committee on Monday, it
will then go before the Oversight Board on May 5. If approved by the
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Oversight Board, the Agreement will then go to the Department of Finance
for their consideration.
Councilman/Director Spiegel moved to: 1) Waive further reading and adopt
Resolution Nos. 2014 - 30 and SA -RDA 028, approving the execution and delivery of a
Bond Proceeds Funding Agreement in an amount not to exceed 25% of the total project
costs for the Portola Avenue/ I-10 Interchange Project by and among the Coachella Valley
Association of Govemments (CVAG), Successor Agency to the Palm Desert
Redevelopment Agency, and City of Palm Desert, and taking certain related actions
therewith; 2) By Minute Motion, authorize the Mayor and Chairman, upon finalization of the
agreement by the City Manager and approval by both CVAG and the Oversight Board of
the Successor Agency, to execute the Bond Proceeds Funding Agreement regarding
Portola Avenue/1-10 Interchange Project. Motion was seconded by Weber and carried by
a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None).
XV. CONTINUED BUSINESS
A. APPOINTMENT OF MEMBERS TO THE CITY'S HOTEL AND SIGNATURE
EVENTS COMMITTEE (Continued from the meeting of March 27, 2014).
Mr. Alvarez stated that at the direction of the City Council, the resolution was
modified to include a committee membership makeup that will consist of two
councilmembers, two general managers of hotels with over 100 rooms, two
general managers of hotels with under 100 rooms, and one representative
from the Convention and Visitors Bureau. The attached resolution identifies
and addresses the direction of the City Council.
Councilman Spiegel said he received an email from Ms. Barbara deBoom
wondering why her name was taken off the list.
Mr. Alvarez explained the City Council directed staff to incorporate a
committee membership that consisted of hoteliers that would allow the City
to drive and attract new conventions, new signature events, and the
proposed resolution reflected Council's wishes.
Mr. Wohlmuth added the membership was placed on the City Council
agenda listing Barbara deBoom and representatives from The Living Desert
and the McCallum Theatre. When the item was before the Council, the
Council continued the item with direction to staff to look at it again to create
a committee similar to how Palm Springs did it. In looking at how Palm
Springs established their committee, and given how successful it was, staff
went back to the hotel concept that would not include those individuals
initially suggested, which is what is before the City Council today. In
addition, with the new Transient Occupancy Tax Measure up for
consideration, staff would like to have this committee already established so
that it can obtain insight from the hoteliers on how the T.O.T. funds could be
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spent to increase hotels Average Daily Rates (ADR) in Palm Desert and the
types of events that would fill hotel rooms. He said this was more of a hotel
committee than an event committee, but when staff met with hoteliers, one
of the areas of input from them was for Palm Desert to look at events like
Palm Springs has. Staffs comment was that not all Palm Springs events are
the same kind of events it wanted for Palm Desert.
Councilman Spiegel stated he personally disagreed with the decision to
remove the three individuals listed in the initial resolution.
Councilmember Hamik moved to: 1) Waive further reading and adopt Resolution
No. 2014 - 3t rescinding Resolution No. 2013-63 and establishing an advisory committee
known as the Hotel and Signature Events Committee; 2) By Minute Motion, appoint the
following seven (7) Members to the Hotel and Signature Events Committee, with staggered
terms of two, three, and four years to be determined at the Committee's organizational
meeting: Councilmember Jan Hamik, Councilman Robert Spiegel, Councilmember
Jean Benson (Altemate), Ralph Scatena, General Manager, J. W. Marriott Desert Springs
Resort and Spa, Jeff Kokinacis, Sales Director, Embassy Suites Hotel, Amold
Kirschenbaum, General Manager, The Inn at Deep Canyon, Marilyn L. Dyer, Marketing
Manager, Club Intrawest, Scott White, President & CEO, Greater Palm Springs
Convention & Visitors Bureau. Motion was seconded by Weber and it carried by a 4-1 vote
(AYES: Benson, Hamik, Weber, and Tanner; NOES: Spiegel).
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CQNTRACT TO RAIMI + ASSOCIATES IN
THE AMOUNT OF $799,703 TO PREPARE AN UPDATE OF THE CITY OF
PALM DESERT COMPREHENSIVE GENERAL PLAN; AND APPROPRIATE
$800,000 FROM UNOBLIGATED FUND 400 FOR SAID PURPOSE
(CONTRACT NO. C33240).
Management Analyst Ryan Stendell stated that in January 2014, the City
Council authorized staff to release a Request for Proposal (RFP) to solicit
bids for updating the City's general plan. There were four responses received
that included two local firms and two southern California area firms. The
seven member ad hoc committee included Mayor Pro Tem Weber,
Councilmember Benson, and Planning Commissioner DeLuna. The Ad Hoc
Committee interviewed three of the four proposers, and at the conclusion, it
was clear that Raimi + Associates brought an energetic and strong fiscal
approach to the update of the City's general plan using cutting edge ideas.
The staff report, which was written by Lauri Aylaian, outlined five key points
on why the Committee believed Raimi + Associates was the best firm for the
job. He noted Matthew Burris of Raimi + Associates was available to answer
questions.
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Councilmember Hamik moved to by Minute Motion: 1) Award subject contract in the
amount of $799,703 to Raimi + Associates, Riverside, California, for update of the City of
Palm Desert Comprehensive General Plan and preparation of the associated
Environmental Impact Report, subject to final review and approval of the City Attorney;
2) authorize the Mayor to execute said contract; 3) appropriate $800,000 from Unobligated
Fund 400 for this purpose. Motion was seconded by Tanner and carried by a 5-0 vote
(AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None).
Mayor Pro Tem Weber added the Committee was very impressed with
Raimi + Associates' presentation, stating it was very educational.
XVII. PUBUC HEARINGS
A. REQUEST FOR APPROVAL OF LOCAL HISTORIC LANDMARK
DESIGNATION FOR THE PROPERTY AT 74-135 LARREA STREET
(APN 625-132-022) - THE RANDALL HENDERSON HOUSE - IN
ACCORDANCE WITH PALM DESERT MUNICIPAL CODE
SECTION 29.40.010, Case No. CRPC 14-01 (Karen L. McCune, Applicant).
Mr. Grance stated the item before the City Council is consideration for
Landmark Designation for the residence located at 74-135 Larrea Street.
The significance is that it was the home of Randall Henderson, founder of
Desert Magazine and early pioneer in the city of Palm Desert. It is further
significant for its contribution to the development of the south side of
Highway 111. The building is eligible for designation as a City Landmark in
accordance with the following criteria: B) Is associated with the lives of
persons significant in the past; F) Reflects distinctive examples of community
planning or significant development patterns, including those associated with
different areas of settlement and growth, agricultural, or transportation.
Mayor Tanner declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MR. DON GRAYBILL, Member of the Cultural Resource Preservation
Committee, stated the Committee is very excited to have this home up for
approval, because with this approval, it would be the first home on the south
side of Highway 111. The Council recently approved another home that is
on the north side, therefore, it would be two significant homes being
considered with one of them being added to the list today. He said the
property owner purchased the home without realizing until years later that it
was Randall Henderson's home. He encouraged the Council to invite the
Applicant to say a few words.
MS. KAY MCCUNE, Applicant, said it was her pleasure to be present on
behalf of Randall Henderson and his little home on the south side of Palm
Desert where she has lived for twenty years. She is thankful for the
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Preservation Committee for recognizing her home as a landmark building,
stating she was honored when Don Graybill and Kim Housken went to her
home and helped her prepare a story on how to get this going. She urged
the Council to vote yes on this wonderful little site. She noted that through
the Historical Society they have had some fundraising dinners and tours,
which will continue. She believed it will bring some interest to the City and
the Historical Society. Additionally, she thanked Mr. Grance for his work in
the preservation of any of the other sites in Palm Desert.
With no further public testimony offered, Mayor Tanner declared the public hearing
closed.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2014 - 32, reaffirming the action of the Cultural Resources Preservation Committee
and bestowing Landmark Designation on 74-135 Larrea Street, Assessor's Parcel
No. 625-132-022, in accordance with Section 29.40.010 of the Palm Desert Municipal
Code. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik,
Spiegel, Weber, and Tanner; NOES: None).
Councilmember Hamik commented she had always driven down that street
admiring the house, and she had no idea it was Randall Henderson's home.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summariefi for the Period of March 31 -
April 11, 2014.
With City Council concurrence, the Meeting Summaries were received and filed.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
1. Fire Deortment
None
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2. Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
a) "Envision Palm Desert" Statement on $tall Reports —
Councilmember Hamik noted that after the great amount of time and
effort expended by the over 100 community members and staff on the
City's updated Strategic Plan, she would hate for it to become
irrelevant in the day-to-day activities. To that end, one staff member
suggested for future staff reports, where appropriate, an analysis of
how a particular request to go before City Council would meet or
further objectives of the "Envision Palm Desert" Plan become a
standard component, just as the "Fiscal Impact" analysis appears on
staff reports currently. She asked for her colleagues' concurrence
with this request. Mayor Pro Tem Weber thought it was a good idea.
In answer to Mayor Tanner's comment that he thought this is what
was going to occur as the City embarks upon its Comprehensive
General Plan Update, Councilmember Hamik said the "Envision" Plan
should certainly be used as a guideline there.
Mayor Pro Tem Weber said she particularly liked having a section on
staff reports, because it would be very respectful to all the people who
worked so hard on the Plan.
2. Qi r Council Consideration of Travel Requests and Reports:
None
3. City Council Committee Reports:
None
4. city Council Comments:
a) Senior Inspiration Awards - Councilmember Hamik said she wished
to say that the event held on Friday, March 14, was terrific, and she
was very proud of Palm Desert's honoree, Louise Kermode, on behalf
of all the volunteers who do so much for our City.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014
b) Senior Officials Workshoo: "All Hazards Preparedness" —
Mayor Pro Tem Weber said she, Mr. Aryan, and Senior Management
Analyst Ryan Stendell participated in the event last week. She said
it was an extremely educational, all -day function, and she encouraged
her colleagues to participate if they had the opportunity. It wasn't at
all what she expected; they covered all kids of actions that needed to
be taken in the event of any kind of problem in the Coachella Valley.
She noted that a second one was going to be held later this spring on
June 18 at the Ben Clark Training Center and again encouraged
participation.
c) The Living Desert Cheetah Event — Mayor Pro Tem Weber said
she and Mayor Tanner attended the event today.
Mayor Tanner observed that the new director at The Living Desert
Reserve was bringing forward a major influence of education, and he
felt it would certainly continue to improve the venue. He was very
excited to hear about the cheetah, the presentation was excellent,
and he encouraged everyone to visit The Living Desert Reserve.
5. Suggested Items for Future City Council Meeting Agendas:
None
XIX. ADJOURNMENT
On a motion by Spiegel, second by Weber, and 5-0 vote of the City Council (AYES:
Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None), Mayor Tanner adjoumed the
meeting at 5:35 p.m.
ATTEST:
HELLE a. KLASSEN;tITY CLERK
CITY OF PALM DESERT, CALIFORNIA
,,id&
VAN G. TANNER, CHAIRMAN
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