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HomeMy WebLinkAbout2014-05-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 8, 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. 11. 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 Lauri Aylaian, 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 Bill Hunley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 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: 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: Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(dX2): Number of potential cases: With City Council concurrence, Mayor Tanner adjoumed 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 - Councilmember Jean M. Benson VII. INVOCATION - Councilman Robert A. Spiegel 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 VIII. ORAL COMMUNICATIONS - B MR. C. ROY ARGALL, Deep Canyon Road, Palm Desert, addressed the City Council, noting that he just handed out to them a picture of an under -construction home on Candlewood Street, which is right across the street from him. He added that he moved to Palm Desert three years ago on April 29. He went on to say that he walks his dogs between two and four times per day and, therefore, passes the subject property the same number of times for the last three years. He decided that he'd had enough of the situation a few days before April 29 this year, after having worked with City Code Compliance Officer Johnny Terfehr, who he felt was terrific. He then called the City Manager, was surprised to get to speak directly to him, and went on to recount the details of their conversation about the home on Candlewood that had been in this condition for at least three years and why the City had let it go on for so long. He said Mr. Wohlmuth said the City cannot deny a permit to the property owner because of State Law, to which he responded that the City should make contact with the State to have this ineffective law changed. Further, when he Teamed the City hadn't done this, he said he would give Mr. Wohlmuth a performance grade of "F-." He was completely dissatisfied that this was the way the town was being operated by someone making $200,000 per year, it was completely ridiculous and was still his belief today. He went on to say that Mr. Wohlmuth agreed to call him back soon, and he pressed for a specific date of April 15. As of May 8, he hadn't received a call back — and this earned him another "F-." He referred back to the hand-out he provided, which also included a copy of a book cover for Council's consideration, The Rule of Nobody, and its Preface that references a city in New Jersey where a tree fell into a stream, the stream flooded, and that city then spent 12 days' time and $12,000 for a permit before the tree could be removed. He emphatically stated that this appears to be where we've arrived at in govemment today. He closed by saying that the house on Candlewood Street was supposedly sold, but it's not; the owner was walking around the property as if he were the Mayor of Palm Desert. When he approached one of his neighbors about the situation, that neighbor advised that the property has been in this condition for at least the last seven years that he'd lived there. He said all this time has passed with this unfinished house while the five City Councilmembers and City Manager seem to be clueless about it. However, he pointed out that after he called the City Manager, amazingly the permit was stopped. He said it was absurd that the City would continue to give permits to someone who was obviously trying to take advantage of it. Mayor Tanner advised that the matter would be referred to staff for investigation after having been in this condition for seven years. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 4 -10, 2014, AS "PUBLIC SERVICE RECOGNITION WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to City of Palm Desert Human Resources Manager Lori Camey. Ms. Camey thanked the Mayor and City Councilmembers for acknowledging the contributions of public service professionals in Palm Desert, State of Califomia, and the nation. She noted that every two weeks, public servants — from elected officials and City staff, first responders, and special district representatives — conduct the people's business with pride and dedication. She said the same pride and dedication can be seen throughout the community and quoted a Greek proverb, "A civilization flourishes when people plant trees under which they will never sit." She said public servants do this every day, and she again thanked Mayor Tanner for the recognition. B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2014 AS "WATER SAFETY MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Mr. Steve Little, representing "Swim To Win," and Ms. Karen Creasey, Palm Desert Aquatic Center Manager, who were preparing for this Saturday's "Just Add Swim" event at the Center. Ms. Creasey thanked the City Council for this recognition. She left a flier, featuring the eight U.S. A. Olympians that will be participating in the Saturday, May 10, "Just Add Swim" event at the Palm Desert Aquatic Center. She said there will also be some people featured who've made huge strides in the swimming community as well to teach the kids how to swim in the swim clinics being offered. She pointed out that there are astounding statistics related to drowning, and the Center wants to participate in drowning prevention and work toward changing those statistics. She said everyone was welcome at the event, opening ceremony begins at 8:45 a.m. on Saturday. Mayor Tanner wished Mr. Creasey and Mr. Little all the best, looking forward to the thousands of kids and families who would be there. Councilmember Hamik added she participated last year, and it was an amazing sight to see people like five -time Olympic Medalist Janet Evans in the pool with a five- or seven -year -old, who is totally unaware of the 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 magnitude of the achievements of that person teaching them to swim. It was a wonderful event. Mr. Little added that the Olympian group coming on Saturday represents receipt of a total of 26 Gold Medals and 183 world records in swimming. X. CONSENT CALENDAR A. MINUTEa of the Regular City Council Meeting of April 24, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 213. Rec: Approve as presented. C. LIBRARY PROMOTION COMMITTED Meeting Minutes for November 20, 2013. Rec: Receive and file. D. REQUEST FOR ADOPTION of Resolutions, Setting Forth the City Council's Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged - Records for Months of February - June 2013. Rec: Waive further reading and adopt the following Resolution Nos. for the specified months of records processed, as follows: 1) Resolution No. 2014 - 33 - February 2013 Records; 2) Resolution No. 2014 - 34 - March 2013 Records; 3) Resolution No. 2014 - 35 - April 2013 Records; 4) Resolution No. 2014 - 36 - May 2013 Records; 5) Resolution No. 2014 - 37 - June 2013 Records. E. REQUEST FOR APPROVAL of $33,000 Expenditure for Postage for The BrightSide Newsletter - Fiscal Year 2014-2015. Rec: By Minute Motion, approve the expenditure of $33,000 for the United States Postal Service to cover a year's worth of postage for mailing of the bimonthly BrightSide Newsletter — funds have been included in the proposed FY 2 01 4-201 5 Budget, Account No. 110-4417-414-3026. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 F. REQUEST FOR AUTHORIZATION to Reject All Bids Received in the Solicitation for Contract No. C3342Q - Frank Sinatra Drive Resurfacing Program with Cold -in -place Recycling, and Authorize City Clerk to Re - advertise (Project No. 752-14). Rec: By Minute Motion: 1) Reject all bids received in the solicitation for the subject Frank Sinatra Drive CIR Project; 2) authorize the City Clerk to re -advertise and call for bids for said project. G. REQUEST FOR APPRQVAL of Out-of-state Travel for the Director of Public Works to Attend the International Transportation Engineers Westem District Conference - Rapid City, South Dakota, June 29 - July 2, 2014. Rec: By Minute Motion, authorize Out-of-state Travel for the Director of Public Works to attend the International Transportation Engineers Westem District Conference being held in Rapid City, South Dakota, June 29 - July 2, 2014 — funds are available in Account No. 1 1 0-4300-41 3-31 20 - Administration Conference/Seminars/Workshops. Upon a motion by Weber, second by Benson, 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: None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY A REQUEST FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 - FENCES AND WALLS AT 77750 DELAWARE PLACE, PALM DESERT, Case No. MISC 14-081 (Peyton McElyea, Applicant/Appellant). Associate Planner Eric Ceja stated this was an appeal of the Architectural Review Commission (ARC) decision to deny a new wood fence that is visible from the street on Delaware Place within Palm Desert Country Club. The Municipal Code provides standards for wall placement, wall height, and permissible wall materials; it prohibits placement of wood fences when visible from the street. Exceptions to these standards can be approved by the ARC if specific findings can be made, which include neighborhood notification and existence of unusual circumstance prohibiting the homeowner from complying with the Code. The ARC reviewed and denied the property owners request for the wood fence. Additionally, two neighboring property owners notified City staff and the ARC of their opposition to the fence. The ARC also did not find or could not make the finding that an unusual circumstance existed. He called attention to the photograph in Council's packet that displays the fence. The new wood fencing was installed when an existing wood fence was damaged during the construction of a rear yard pool. The applicant chose to remove the entirety of the old wood fence, which was in a deteriorated condition and replaced it with a new wood fence. The property owner never obtained City approval or permits to construct the new wood fence; therefore, the City never reviewed it until the fence was already in place. The Applicant has written a letter requesting additional consideration and appeal of the ARC decision, hoping the City Council would allow the wood fence to remain. Staff is recommending the City Council uphold the ARC decision and deny the appeal, because the findings to make the exception could not be made. MR. PEYTON McELYEA, Applicant, stated he and his wife bought the property in November, but actually closed escrow during a hectic time in their lives when their son was born. He said the elementary school down the block from their home in Los Angeles is rated 3 out of 10, and the school at the end of the block in Palm Desert is 9 out of 10; it's a great community and they love it. He went on to say they had no idea they were required to pull a permit for a wood fence, and if they could roll back time, he truly believed they would have adhered to the Ordinance. He said to grant him a variance or exception wouldn't set a precedent, stating this has been an absolute nightmare, and it was an honest mistake, which he would like to mitigate. Additionally, he challenged his neighbors to tell him what they found offensive about the fence, because it was a beautiful wood fence that cost him a lot of money. He said he would love to turn back the clock and do the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 whole thing over, but he couldn't, so to him, this was an unusual circumstance for which he spent $5,000. He explained he hired a licensed General Contractor (GC) who was not aware of Palm Desert's ordinance. However, he felt the Ordinance wasn't posted very well. The first time he looked at the Ordinance online, his lot was zoned RE, which would have exempted their wood fence, but he was told to check the amendment where his property would still be exempt. However, there was a second amendment where his RE -Zoned lot was now part of the wood fence ordinance. He understands it now, and realizes he and the general contractor made a mistake, but his GC is not willing to make him whole for the difference to build a new wall. He said the installation of the wood fence hasn't caused any damage to the neighbors, and he is willing to replace it within a reasonable use of life, but to make him take out the fence two or three months later without amortizing the cost of the fence was not acceptable. He understood the letter of the law, but he didn't believe it was the intention of the spirit of the law. He noted there was a reference to CEQA, but it didn't govem a small single family home and wood fence. However, the basic purpose of CEQA is to not do things that destroyed the environment, yet the City is asking him to rip out a perfectly brand new wood fence. He offered a suggestion to mitigate this issue but was told by the Planning Commission that it wouldn't fly. He is open to other creative suggestions, but he didn't want to rip the fence out, as it would be a tremendous hardship to start over. MR. JAMES McINTOSH, Delaware Place, Palm Desert, stated this was actually the first time he's seen his neighbor, so he didn't particularly have a hidden agenda. He agreed it was a good-looking fence, but the ordinance didn't judge against ugly or good-looking fences, the issue was the wood fence. He said this issue was not only about a wood fence, but about the purpose and importance of consistency in enforcing the City's ordinance. There is a specific reason for this ordinance in Palm Desert, where residents a good part of the year contends with extreme hot and dry conditions. It was determined that wood fences were not performing well in these conditions and it would be better for the overall community, aesthetically as well as economically, to not allow wood fences in public view. He noted that as an architect who has been practicing in Palm Desert for 24 years, he knew which materials faired well, and wood tends to crack and deteriorate in a very short manner. Therefore, when ordinances, such as this one on wood fences was enacted, it was not an immediate requirement for everyone with a wood fence to take them out and replace them with an approved alternative. It was decided that moving forward in all future construction, developers would have to meet the requirement of the law over a period of time. Therefore, as older fences need to be replaced, wood fences would eventually be phased out. The unfortunate component of this system of enforcement is there are wood fences in older neighborhoods in desperate need of replacement, but the homeowner cannot be forced to tear it down to replace it with one that meets the code. Upgrades can only be enforced when a 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 property owner takes the initiative to make the improvement and goes through the proper channels at the planning department. He said this was a perfect case to demonstrate how the system of integrating new codes into the community really worked overtime. He said in Mr. McElyea's letter to the Council, stated the wood fence purchased with his home was aesthetically unpleasing and structurally unsound. If the fence had been built out to masonry, it would have withstood the conditions that this desert presents. He said this Council has an opportunity to have a fence constructed that meets the code and requirements that everyone else in the community has to conform to. He went on to say five years ago he and his wife built a house across the street from the Applicant's property, and they invested a considerable amount of money. As a requirement to their permit they had to build masonry walls around the property, which was a considerable task, since it's a one -acre lot. He said they could have saved a lot of money by putting up a wood fence and fighting the system, but they complied. Unfortunately, the Applicant made the decision to build a wood fence without finding out first what the actual requirements were for his property. He said the Applicant put his faith in his general contractor who must have assured him that a wood fence without any kind of approval would be fine, and he sympathized with the Applicant in that regard. However, he believed this fence was a straightforward issue. He said he didn't want to testify, but he was quite disturbed with the way the Applicant presented his case by making personal attacks against him at the ARC, which he found to be an interesting approach to becoming a new member of the community. He claimed the Applicant left him a message accusing him of being the source of all his troubles, calling him a bad neighbor, and that his support was important. When he called the Applicant back to discuss it, he informed the Applicant he would have a hard time supporting the wood fence. The Applicant also made accusations against the ARC in his letter, stating that it was fatally flawed. He said maybe the Applicant should have showed up at the meeting instead of sending his pool contractor to represent him, which nobody understood, since he was not the one responsible for putting up the fence. As a member of the ARC, he discussed the possible conflict of interest with the Planning Director prior to the meeting. The Planning Director agreed he should recuse himself, but that as a neighbor in the community, he could still make a comment from the gallery, which he did. He said his comments to the ARC were very clear and objective, basically reiterating that the Ordinance was in place for a reason and it should be taken into consideration, and further asking them to apply the Code equally to all parts of the City. He denied ever saying anything bad to denigrate the fence as stated in the Applicant's letter. He said the Applicant's request to allow for the fence to remain for ten years based on a study by Fannie Mae on the usefulness of wood fences, which he was sure was a national study, did not take into consideration the desert's unique climate. If the wood fence is allowed to stay up, he wished the City luck in ever seeing it removed, because it was hard for Code Compliance Officers to have a noncompliant 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 structure replaced. He said the only time a community has any leverage to bring properties up to standards, is when a permit is on the table that needs to be finalized. He also didn't want the Council to set a precedence, because there is another case at the Planning Department on a property three doors down the same street that is trying to get a wood fence approved. Unfortunately, the proposed fence in that case is not so nice, and that property has been a problem for many years with no opportunity to encourage improvement. Therefore, if the Council overturned the good judgement of the Architectural Review Commission, the Council might as well modify the Zoning Ordinance and allow wood fences everywhere in the City, which would be a step backward. Responding to question, he confirmed he abstained from voting on this item at the ARC meeting, because he lives across the street from the Applicant's property. Mayor Tanner inquired about the proposal from McIntyre Pools & Spas relating to the replacement of the redwood fence. MR. McELYEA responded he used a gentleman from McIntyre Pools as a project manager, but he was not the general contractor on the fence. He said he lived four hours, round trip away, worked 60 to 70 hours a week, and it wasn't possible for him to be out in the desert at a moment's notice to handle things. He spoke to the Planning Department before the meeting, and he was informed he had every chance of losing at the ARC hearing, so he decided it was not worth driving out for it, which is why he had a representative from McIntyre Pools attend the meeting. Mayor Tanner asked if permits were pulled for the pool. MR. McELYEA answered yes. Mayor Tanner asked if there was anyone that went to the Planning Department to pull permits for the fence. MR. McELYEA answered no, stating that no one had any idea a permit was needed to be pulled for a wood fence. He said no one was trying to cheat the system, and if they had known this was not a repair or retrofit, but a replacement, they would have obtained the permit. When the fence was red tagged, they were happy to go to the Planning Department and argue for a variance or exception. However, he and the general contractor had no idea a permit was required. Perhaps he should have hired a better GC, but it's done now; the general contractor, Dave Adelton(sp?), lives in Bermuda Dunes. He went on to say the GC was a hardworking man who made an honest mistake, and he didn't think penalizing the GC was the right thing either. He reiterated that he was open to mitigating this issue. Councilmember Benson asked if this was a second home for Mr. McElyea. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 MR. McELYEA responded it was their second home, which they intend to occupy as a primary resident. He said they just had their first child, and as mentioned previously, the school system in Los Angeles is terrible and they don't have the money for private schools. They felt there was a better opportunity to have their son attend schools here in the desert. Responding to question about when they intend to move out to the desert, he said they have a six -month -old child, and he didn't know when they planned to get jobs to move, but hopefully when their son was in the elementary school age. Councilmember Benson stated she was on the Council when the Ordinance was put in place, because there was a need for it for all the reasons illustrated and people conformed to it throughout the years. She said It was unfortunate some professionals didn't bother checking with City Hall to find out what is required before taking on a job, but even high officials in corporations didn't check for rules and regulations costing them millions. She sympathized with the Applicant, but she felt the Ordinance was put in place for a good reason, stating 30+ years ago when the City incorporated, there were many fallen and deteriorated fences, and the City was a mess. She blamed the contractor for not checking with City Hall, stating the Applicant should make the contractor accountable. Councilmember Benson moved to waive further reading and adopt Resolution No. 2014 - 38, denying the Appeal and upholding the Architectural Review Commission's decision to deny a request for an exception to Palm Desert Municipal Code Section 25.40.080 - Fences and Walls at 77750 Delaware Place. Motion was seconded by Weber. Councilmember Hamik said this was a grossly unfortunate situation, and this was one of those terrible moments for the Council on the dais. She asked if there was any requirement in real estate documents that must show if a building or grounds are out of code. Mr. Erwin answered no, stating there are some things relating to the sewer system that will get caught in escrow, but he didn't recall anything that would be triggered by a transfer of a property. Mayor Tanner echoed Councilmember Hamik's comments in that this was an unfortunate situation, understanding a property owner coming from Los Angeles wouldn't know about the required codes, but a general contractor would. Whether the general contractor wished to admit it or not, he was at fault and suggested to the Applicant to go after the contractor's license, because there is a $12,500 bond for exactly this purpose. Mayor Tanner called for the vote, and the motion carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None). 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 B. REQUEST FOR APPROVAL, OF ONE-YEAR EXTENSION TO CONTRACT WITH KNORR SYSTEMS, INC., FOR MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AT THE PALM DESERT AQUATIC CENTER FOR FISCAL YEAR 2014-2015 IN THE AMOUNT OF $109,515 (CONTRACT NO. C30703). Senior Management Analyst Ryan Stendell said this was one of the annual maintenance contracts related to the Aquatic Center. Councilman Spiegel moved to, by Minute Motion: 1) Approve one-year extension of the subject contract with Knorr Systems, Inc., Santa Ana, California, for Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center in the amount of $109,515; 2) authorize the Mayor to execute the contract extension — funds are available in Account Nos. 242-4549-454-2111 and 242-4549-454-3311 in the proposed FY 2014-2015 Operating Budget. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None). C. REQUEST FOR APPROVAL, OF THE MUNICIPAL STORMWATER IMPLEMENTATION AND COST -SHARING AGREEMENT BETWEEN THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, COUNTY OF RIVERSIDE, COACHELLA VALLEY WATER DISTRICT, AND CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE (CONTRACT NO. C33550). Mr. Greenwood said this agreement allows the Riverside County Flood Control District to act as the project manager for flood control issues in the desert, stating all the desert cities joined together and act as a team. He said this agreement allows the City to reimburse the County for their activities. Responding to question, he confirmed the funds are in next year's budget. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject Municipal Stormwater Implementation and Cost -sharing Agreement. Motion was seconded by Weber. Responding to question about when a check would be written forthis project. Mr. Greenwood said the County will bill the City later in the year, sometime after July. Mayor Tanner called for the vote, and the motion carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None). 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 D. REQUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL LE.D. INDICATION REPLACEMENT PROJECT TO SIERRA PACIFIC ELECTRICAL CONTRACTING, INC., IN- THE AMOUNT OF $74,153 (CONTRACT NO. C33370, PROJECT NO.586-14). Mr. Greenwood stated Palm Desert Is proud to have been the first city in the Coachella Valley, and one of the first cities in the State of California, to have all LED Traffic Signal Indications, which happened back in the early 2000's. This contract is to replace some of those now aging LED's with the latest technology. Of note, these particular LED's now have either a 10- to 15-year warranty as opposed to the 5-year warranty the City used to get. Therefore, these bulbs last at least twice as long as the old ones. Responding to question, he confirmed the contract is being awarded to the low bidder. Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract for the Traffic Signal LED Indication Replacement Project to Sierra Pacific Electrical Contracting, Inc., Anaheim, California, in the amount of $74,153; 2) authorize the Director of Flnance to set aside a 10% contingency in the amount of $7,415.30; 3) appropriate $10,328.30 from Unobligated Fund 440 - Traffic Signal Safety to Account No. 440-4250-422-4001; 4) authorize the Mayor to execute said contract — funding is available for this project in Fund 440 and Measure MA." Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner NOES: None). E. REQUEST FOR ADOPTIONOF RESOLUTIONS, APPROVING THE CITY'S INTENT AND COMMITMENT TO UTIUZE THE SUCCESSOR AGENCY PARCELS KNOWN AS A.P.N. 627-102-017 AND A.P.N. 627-102-019 FOR THE FUTURE EXPANSION OF THE JOSLYN SENIOR CENTER (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Wohlmuth stated the two subject parcels in the Long Range Property Management Plan were placed in as govemment use properties for the expansion or master plan of the Joslyn Center, the senior center serving the cities of Rancho Mirage, Indian Wells, and Palm Desert. In discussion with the Department of Flnance (DOF), since there was no formal action made by the Council prior to the dissolution of Redevelopment, DOF indicated their potential denial of the Property Management Plan based on no formal action. However, they provided the City and Successor Agency the option of passing the proposed Resolution, which declares the Council's intent to maintain this land for future expansion of the Joslyn Center. Councilman/Director Spiegel added the Successor Agency to the Palm Desert Redevelopment Agency unanimously approved this item at the last Oversight Board Meeting. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 Counciiman/Director Spiegel moved to waive further reading and adopt 1) City Council Resolution No. 2014 - 39, approving the intent and commitment to utilize APNs 627-102-017 and 627-102-019 for the future expansion of the Joslyn Senior Center;- 2) Successor Agency to the Palm Desert Redevelopment Agency Resolution No. BA:gDA 029, approving the intent and commitment to utilize APNs 627-102-017 and 627-102-019 for the future expansion of the Joslyn Senior Center. 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. ORDINANCE NO. 1271A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CAUFORNIA, AMENDING CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO SINGLE -USE CARRYOUT PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION OF REUSABLE PAPER BAGS BY RETAIL ESTABUSHMENTS (City of Palm Desert, Applicant) (Continued from the meeting of April 24, 2014). Principal Planner Tony Bagato stated this item was continued from the last meeting with direction to modify the condition related to recyclable paper bag requiring manufacturing location and other printed material on the bag. Staff modified the condition and simplified the language calling it a reusable bag. Therefore, staff inserted the term "reusable bag" wherever the term "recyclable bag" was used. In response to question about the percentage of cities that required the 10-cent charge and which ones applied to all retail, he reviewed the 76 ordinances and found 59 ordinances that applied to all retail, which made up 78% of the ordinances, including grocery, liquor and convenient stores. A building less than 10,000 square feet of retail is exempt from the ordinance, which represented 13%, and only nine of the California ordinances applied only to grocery, convenience and liquor stores. He said this model ordinance supported through CVAG and the City's Sustainability Committee is in compliance with the 78% using the ordinance. He highlighted in the staff report that he found one jurisdiction where the 10-cent charge did not apply to retail, which is the City of Ojai. He agreed this item may warrant future discussion by the Palm Desert Sustainability Committee, staff, and retail board. However, at this time staff is recommending approval of the second reading with direction to continue working on the ordinance and with retailers. Councilman Spiegel questioned if this item was coming back to Council after staff took a look at what the City of Ojai was doing to see if Palm Desert should do the same. Mr. Bagato explained staff can work with the Committee 11 the Council wanted to move in that direction. However, there are only about five cities 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 that actually have high -end retail, which is the reason to revisit that issue, but he would like to discuss it with CVAG and the Palm Desert Sustainability. Mayor Tanner asked if this topic will be discussed at Monday's Sustainability Committee Meeting. Mr. Bagato replied he was planning on providing an update, but it can be discussed in general. However, he didn't know if the retail group was ready, stating he would rather have a focused meeting with them. Councilmember Benson said it was worth continuing to look at this issue of the applying the 10-cent charge to retailers, because it was the biggest controversy with the Ordinance. MR. DAVID FLETCHER, Chartwell Properties, El Paseo Business Improvement District, expressed his upmost respect for the Council and for the fantastic job it did for the City. With regard to the proposed Ordinance, he understood the Council wanting to be a step ahead of whatever the State proposes, which he supported and applauded its efforts to be proactive. He also thanked the Council for considering the removal of the labeling requirement, which is a big improvement for El Paseo retailers and their ability to use existing bags. However, he still had two requests for the Council to consider. One is the requirement for recyclable bags to be 100% recyclable, which he had no problem with. However, the majority of the bags have handles that are either rope, cord, or ribbon. Therefore, he asked that the ordinance exempt the handles from being 100% recyclable, because most handles are probably not made of recyclable material; he also didn't believe it was the intent of the ordinance. He said clarification of the requirement will avoid any confusion down the road with code enforcement. Secondly, he urged the Council to exempt non -grocery store type retailers from the requirement to charge ten cents. He understood the desired intent is to encourage the use of reusable bags, which was a noble goal that he supported as it pertained to grocery stores. However, it was not a behavior they wanted to encourage on El Paseo, because he and general managers from Westfield Mall and The Gardens find it to be a security threat to their stores. In addition, El Paseo bags are a form of advertisement for their stores, and this requirement to charge ten cents would be nothing but an imitation to the customer. Thus far, no one has been able to give him a reasonable reason behind imposing this requirement on retailers. Staff has indicated these bags are a problem in storm drains in beach cities, which made sense for them to want to discourage those types of bags in those environments, but that was not an issue in the desert. Additionally, Mr. Bagato pointed out that in his review of the different communities that have passed this type of ordinance, only a couple of them have high -end retail. He said the fact that a bunch of cities have passed this ordinance, didn't necessarily mean that it should apply to Palm Desert. He said the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 retailers have done their best to let the Council know their concems and their request to have them exempt. He said if the Council was not willing to exempt the retailers from this ordinance, he would like the Council to provide him with a reason and what would it take for the retailers to convince the Council otherwise. He thanked the Council for its consideration. MS. KATE CASTLE, Palm Springs, stated she was a member of the Palm Springs Sustainability Commission, and she was deeply involved in drafting the model ordinance that is before the Council. She said she traveled throughout the State of California meeting with city officials, businesses, residents, and communities that have these ordinances in place, including the states of Washington, Oregon, and Hawaii. She noted Hawaii had a large traffic of visitors. She said Switzerland and the UK have also passed these types of ordinances restricting and phasing out plastic bags. She came to this meeting to address the question of the 10-cent charge, stating it was implemented to ease in the transition of effective policy, because it reminds people they are purchasing a bag instead of using one they already owned. Successful ordinances have incorporated the 10-cent charge, because it also evened out the playing field for all businesses, allowing all retailers to be competitive. She said large retailers can buy bags in bulk, costing them three to five cents per bag. On the other hand, the smaller retailers were buying in smaller quantities and paying seven to ten cents a bag, which was a concem in Palm Springs. Therefore, in Palm Springs they decided to level the playing field and allow all retailers to be competitive by implementing the 10-cent charge per bag. Additionally, this issue has economic and environmental effects, which is why these ordinances are coming forward throughout the State of California. She asked the Council to vote in support of the plastic bag ordinance. MR. TODD FORSMAN, Candlewood Street, Palm Desert, pointed out he sent a letter of opposition to the Council, but he was still unclear on what was the compelling argument for charging ten cents for every transaction. Mayor Tanner responded it was not ten cents per purchase, but ten cents per bag. MR. FORSMAN said if the Council wanted to ban the bag, why not just ban the bag, because the Ordinance had exemptions for food banks. If the ban was good, it would be good for everybody, stating that every time one paid the charge, it will be a daily reminder of who imposed it. He reiterated he was still at a loss on the 10-cent charge. Mr. Bagato explained the initial ordinance that was passed in San Francisco had no charge and it became a one-to-one replacement of plastic to paper. From a sustainability and waste point of view, there was still a lot of waste going into landfills. Secondly, for grocery stores who have mass volume of 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 bags going out, they were losing approximately $400,000 a year, plus the cost for additional trucks to ship paper bags, because they are more dense than plastic bags. He said the charge was implemented to off set the cost to grocers and level the playing field, as the previous speaker explained. Additionally, the 10-cent charge will go to the merchant not the City, therefore, it was not a tax. MR. FORSMAN asked how this reusable bag worked when buying chicken and meats, and one has their food sitting in the car. Mayor Tanner responded plastic bags will still be allowed and used when purchasing fruits, meats, and vegetables. Councilman Spiegel asked if stores on Rodeo Drive charge ten cents a bag. Mr. Bagato replied he didn't believe Rodeo Drive had an ordinance in place at this time. In response to Mr. Fletcher's comment regarding the 100% recyclable material, he said the language was removed in the definition, and it was now called reusable bag, requiring the bag to be used multiple times; the definition didn't get into the recycled contents. It was staffs opinion that a lot of ordinances have it, and if other jurisdictions fight this issue, the bags may change, and then those bags will be distributed here, because it's part of the mass distribution of those companies. He agreed to not fight that battle, so the definition is now clean and simple. Councilmember Hamik stated the rope handle on a bag then becomes a nonissue, because the definition is now reusable. Mr. Bagato agreed. Councilman Spiegel stated that as an ex retailer for 32 years, he could understand a store not wanting people bringing their own bag, because there will be theft. He would like staff to further investigate what they did in Ojai where they didn't implement the 10-cent charge for retailers. Councilmember Hamik pointed out the Council received several letters, but what was striking to her about them was that they were based on misinformation. Most of the reaction was to things that are not included in the Ordinance. Mr. Wohlmuth added the City will have an education program this fall for residents, which will include the free distribution of reusable bags. Staff plans to start that program late summer/early fall when residents are back in town. Additionally, Councilmember Hamik requested staff establish a forum here at City Hall to educate businesses to correct some of this information, stating he has already asked Economic Manager Ruth Ann Moore to gather names of businesses, and Mr. Bagato and Director of Special Programs 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 Frankie Riddle to develop an education program for merchants and residents. He hopes to get that underway as soon as possible. Councilmember Hamik explained that as the Council read the letters, what they noticed were many of the things that these merchants are upset about have nothing to do with the Ordinance, so if staff can educate people, hopefully some of the concerns can be removed. She said the 10-cent issue for retailers probably has to be discussed, but she found it difficult to believe that someone shopping on El Paseo would have a problem with it. She noted a Ralph Lauren bag is at least a couple of dollars; therefore, a 10-cent charge wouldn't necessarily level the playing field. She believed the largest motivation for the ten cents was behavior modification. She questioned if the 10-cent issue was something Council wanted to take back to the Sustainability Committee and would that achieve what the City was trying to achieve here. On a separate note, she asked if the Ordinance had to be updated to reflect the correct number of jurisdictions in California that have approved ordinances imposing a paper bag fee; it currently stated 90 jurisdictions. Mayor Tanner stated at the first reading of the Ordinance, the Council listened to the concerns of Mr. Fletcher and other merchants on El Paseo, and one of things it heard was that retail stores were different, which is why the Council directed staff to make some revisions for the second reading. However, the direction included the caveat that the Council will continue to review items on this Ordinance, which can be changed without going through a first and second reading again. He said the Council is working with and for the merchants, because it understands the importance of retail and El Paseo. Councilmember Benson stated she was in favor of staffs recommendation to continue working with the Citizen's Sustainability Committee and retail establishment to consider a possible modification on the 10-cent charge. Mr. Wohlmuth explained the Ordinance wouldn't go into effect until October 1 and the bags won't change until April 2015, which is why staff is recommending approval of the second reading and taking the 10-cent issue back to the Citizen's Sustainability Committee to discuss it further in the interim. Councilmember Benson moved to: 1) Waive further reading and adopt Ordinance No. 1271A, adding Chapter 5.12 to the Palm Desert Municipal Code to reduce use of single -use plastic bags by retail establishments; 2) By Minute Motion, direct staff to continue working with the Citizens' Sustainability Committee and retail establishments to consider possible modifications in the future. Motion was seconded by Hamik. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 Councilmember Hamik inquired about further changes down the line and whether those changes will require a first and second reading. Mr. Erwin answered yes, stating that modifying an ordinance required another ordinance. Further responding, he said the City had plenty of time to make modifications. Mr. Wohlmuth pointed out that the minor modification to the printing requirement of the paper bag is not a substantive change, which is why staff is recommending approval of the second reading today. However, if the 10-cent charge issue is changed, that would require going through the first and second reading process again. Ms. Kiassen noted that the minor modification regarding the language on the reusable bag is already included in the Ordinance that was presented in today's packet. Mr. Bagato agreed, confirming the modification was included in the staff report. Mayor Tanner called for the vote, and the motion carried by a 4-1 vote (AYES: Benson, Hamik, Weber, and Tanner NOES: Spiegel). • XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF A NOTICE OF EXEMPTION FROM ENVIRONMENTAL IMPACT ANALYSIS, APPROVAL FOR A NEW, FOUR-STORY, 108-ROOM FAIRFIELD INN & SUITES MARRIOTT HOTEL, AND APPROVAL OF A FUTURE RESTAURANT BUILDING PAD LOCATED AT 74764 TECHNOLOGY DRIVE (APN 694-190-061), Case No. PP 14-25 (Prest Vuksic Architects, Applicant). Principal Planner Tony Bagato noted this was a public hearing for a new Fairfield Marriott on Technology Drive, which is north of Gerald Ford Drive and west of Cook Street. It's also the location of a former hotel that was approved five years ago known as the Holiday Inn, but that entitlement expired. Therefore, the project was redesigned with a new flagship and 108 rooms, which are fewer rooms than the previous hotel. A project like this would normally just go to the Architectural and Planning Commission, but because there is a height exception, it is before the Council. The proposed hotel meets all the requirements of the development standards other than the height exception. He displayed photographs of the vacant lot, the 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8,2014 adjacent Department of Motor Vehicles (DMV) building, and the vacant land along the berm of the Cook Street interchange. He displayed the site plan illustrating the two access points coming in from Technology Drive, the hotel pad, and the designated restaurant pad for future construction. There is no time limit on when to build the restaurant, but its part of the project as required in the City's Overlay Zone. The architecture of the building is best described as Desert Contemporary with strong vertical and horizontal elements. He pointed out that every hotel that has been in the City since it was incorporated with a height exception, this was quite standard on hotels. The Marriott Courtyard that's adjacent to Desert Willow on Frank Sinatra Drive was a 55-feet tall tower, and the Marriott Desert Springs was approved at 78-feet tall. He said these hotels were located far away from the street and they were considered in the context of each area. The overall height for the proposed hotel is 51 feet to the main tower of the 4th floor. There is one tower element, which helps break up the massing, which is very important to the architecture at 56-feet tall. He said that tower is two feet taller than the previous approval, but it's a minor area compared to the last approval. The color renderings are a desert palette, and the architecture has a lot of thickness, which provides depth in the massing, stating the architecture was well received at the Planning Commission. He went on to display more renderings from all angles off Cook Street, noting that one of the benefits of raising the height limit is that the horizontal elements conceal all the equipment in a wall that's not visible from Cook Street. He said staff recommended approval and he offered to answer questions. Mayor Tanner declared the public hearing oven and invited public testimony FAVORING or OPPOSING this matter. MR. JOHN VUKSIC, Prest Vuksic Architects, stated they were very excited to have the opportunity to design a desert contemporary building from a Fairfield Inn model with the thick walls, deep windows, the various eyebrow elements, and deep overhangs, which worked well with the desert environment. He offered to answer any questions. Councilman Spiegel asked if the project is approved when did he expect for construction to start. MR. VUKSIC responded it would be an eight- to ten-month duration to have permits pulled. Mayor Tanner asked if funding was already in place or did the developer still have to secure the funds. MR. VUKSIC explained the developer has a lot of experience with this sort of hotel product as they have built a lot of them, but in response to funding questions, he deferred to the developer to answer. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 MR. CODY SMALL, Owner and partners with PD MMP, Inc, stated they have 34 hotels. Locally, they have a Holiday Inn in Rancho Mirage across from The River, which was built twelve years ago. He said this project started out as a four -star hotel for a Holiday Inn in 2007, but times weren't good at that time. He said they made a decision in 2008 to land bank the property knowing where they were at with financing for a $20 million hotel, stating they were fortunate they didn't go forward at that point in time. However, today they are well funded and they plan to be around for a long time, noting they haven't sold any of their hotels. He said they will be long-term partners with Palm Desert as they have been with the City of Rancho Mirage. The intent is to operate the hotel as a Marriott, which will be their first Marriott. They are excited because Marriott is a quality operator and they will be watching over the details of how they run and operate the purse side of the equation. He went on to say 95% of their hotels were built for either cash or very low leverage. He confirmed they had the money. He thanked the collaborating effort of City Manager John Wohlmuth, Planning Department staff Lauri Aylaian, Tony Bagato, and Kevin Swartz. He said they wouldn't be back in Palm Desert a second time, if it weren't for staffs open arm posture from the last go around with the City Council in 2008, stating it was very, very difficult. He said they are looking forward to putting their best foot forward and once again thanked staff for the encouragement to hopefully get an approval from the Council this evening. Councilmember Benson stated she appreciated the extra brick work in a few places along the front, but felt more brick work along the Porte-cochere and the two buildings at the end would make it more distinctive, setting it apart from the Hampton Inn and the other hotels and not looking like an institution. MR. CODY said they want that as well, which is why they went with the best architect in the City with Pest Vuksic and his team. Councilmember Benson reiterated there could be a lot more brick covering on the front part of the hotel along the edge of the short columns. MR. CODY said he was open to Councilmember Benson's suggestion, stating he could sit down with staff and architect to look for other creative ideas. Councilmember Hamik thanked the Applicant for putting such a great packet together, stating the photo simulations from all angles sure beat story poles. Mayor Tanner commented that it would be good to see a restaurant attached to the hotel once the hotel is opened. MR. CODY agreed, stating the project was earmarked for a restaurant and they would love to have one as well when the time comes. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 Mayor Tanner thanked Mr. Small for an incredible presentation of the project, stating it was a great design with Prest Vuksic & Associates. With no further testimony offered, Mayor Tanner declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014 - 40, approving a Notice of Exemption from Environmental Impact analysis as it relates to the project, and a new, four-story, 108-room Fairfield Inn & Suites Marriott Hotel, including a detached 6,300 square -foot pad for a future restaurant. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Benson, Hamik, Spiegel, and Tanner, NOES: None; ABSENT: Weber). Mayor Tanner congratulated the Applicant on the approval of the project. B. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING, ONE- YEAR ACTION PLAN, AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE PLAN (AI)/FAIR HOUSING ACTION PLAN (FHAP). Ms. Riddle stated the City of Palm Desert has available $281,751 to award as part of the 2014-2015 Community Development Block Grant (CDBG) Program. The Outside Agency Funding Committee met on March 20 to review the applications and make recommendations to the Council. For Capital Improvement Type Projects the Committee is recommending for the following improvements: The City is undertaking a fence project at the Joslyn Center, Desert Aids is doing a roofing project; Desert Arc is doing an interior /exterior security system; GRID Alternatives is a solar project for low-income residents; and Ranch Recovery Center is also doing a solar project on the Womens Recovery Facility. For the Public Service Projects the Committee recommended the following: Angel View will use funds for a transportation program; Borrego Health Foundation will conduct a mobile dental clinic at Lincoln Elementary School where free and reduced qualifying students are eligible to participate; Coachella Valley Rescue Mission will use funds for their food program; Desert Best Friends Closet provides a clothing program for those in need; and Independent Living Partnership Program has a transportation program. The remaining funds will go toward the administration of the program itself. The other item for consideration is the analysis of Impediments to Fair Housing Choice in the action plan. The City hired consultant Ralph Castanada and Associates to undertake the report; a copy of the report was provided to the Council for review. There were no major impediments identified, however, there were concems and recommendations for the City to undertake each year to address. Basically, increase awareness within the community of impediments and provide educational workshops and brochures. The recommendation is to educate 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 both businesses and residents within the community about impediments and the types of impediments. Mayor Tanner declared. the public hearingn and invited public testimony FAVORING of or in OPPOSITION to the recommendations. MR. STUART HAN I FF, Development Officer with GRID Alternatives, thanked the Committee for its recommendation. He said they are a nonprofit solar installer that works exclusively with low income families, while at the same time providing one -of -a -kind job training for volunteers wanting to enter the solar industry. He said their funding request will impact 40 volunteers from the Palm Desert area who will be trained in solar installation and a one -of -a -kind classroom on the roof. He said solar companies are telling him they base their hiring on the actual training. Also, this CDBG funding will provide solar for at least six low income families and impacting at least 58 members of the community. He said this was more than just solar panels, it was also an opportunity to help folks make ends meet and break the cycle of energy dependency. To date they have completed 61 solar installations in Palm Desert, primarily in the Desert Rose community. He said the majority of their work has been in the desert, and they have been in business as a nonprofit organization for three years with almost 580 projects completed. With the City's support, they can leverage those dollars on a 4 to 1 ratio. A solar ribbon cutting event will take place on May 20 at Desert Rose, stating it was a major accomplishment. He said it was the largest development made possible from the SASH (Single Family Affordable Solar Housing) Program, the largest development in the State, and the largest GRID Alternative project they have ever done. The event is on Tuesday, May 20, 10:00 - 11:30 a.m., at 75376 Kelsey Circle Court, Palm Desert. He invited everyone to tour the community and hear the heartwarming stories of the homeowners and the volunteers who have been hired directly from doing the training. Additionally, they will continue to drive down the carbon footprint and carbon emissions in the environment. Councilmember Hamik stated she had already confirmed her attendance, but realized she has a conflict and will not be able to attend, which she was disappointed about. MR. HANIFF encouraged the rest of the Councilmembers to attend as guests, stating he would like to recognize them and perhaps speak as part of the program. With no further public testimony offered, Mayor Tanner declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee recommendations for FY 2014-2015 CDBG Funding, as proposed; 2) 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8,2014 Approve FY 2014-2015 CDBG One-year Action Plan; 3) Approve Analysis of Impediments to Fair Housing Choice Plan (AI)/Fair Housing Action Plan (FHAP); 4) Authorize the City Manager to sign the FY 2014-2015 One-year Action Plan Certifications. 5) Authorize staff to submit the FY 2014-2015 CDBG One-year Action Plan and AI/FHAP to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner, NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of April 14 - 25, 2014. Mr. Wohlmuth called attention to the printed report in the packet and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. Freedom Doa Park Expansion Mr. Wohlmuth reported that the project was complete, with the expanded dog park now open to large and small animals as a regional facility that will take the pressure off of the University Dog Park. He added that the pressure on University Dog Park was one of the reasons for the Freedom Dog Park expansion. He commended Senior Management Analyst Ryan Stendell, the City's Landscape Department, and the Public Works Department for all their good work on this project. Councilman Spiegel felt it would be great to get an article in The Desert Sun about the expanded Freedom Dog Park being open, as so many of the people who use University Dog Park are from Rancho Mirage. Mr. Stendell noted that the City's also putting up notices at the other three dog parks to alert users of the expanded Freedom Dog Park. 3. Colorado Timing System Installation - Palm Desert Aauatic Center Mr. Wohlmuth said the Colorado Timing System board is up and operational at the Center in time for Saturday's "Swim To Win" event. He said the System will be complete with training of Aquatic Center staff and others on it by May 12. He said the board is absolutely 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 tremendous and credited the many who got it up prior to this weekend. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. QV Council Reauests for Action: a) Properties In Compliance with City Codes— Councilmember Hamik said after hearing the Appeal case earlier on today's agenda (New Business, Item A), she requested looking into a way the City could somehow communicate to prospective buyers/owners where certain aspects of a property would need immediate or near -future attention to bring them into compliance with the current Municipal Code (e.g. wooden fences). She wondered if there was anything that could be done to help the person purchasing be in a better position going forward. Mr. Erwin said staff would look into it. Mr. Wohlmuth went on to explain that if there's a violation or abatement process that's been initiated, oftentimes there is a lien or administrative fine on property, which would have to be cleared at time of purchase. In the case on today's agenda, he didn't think it was cited, so the buyer wouldn't have known about the fence replacement policy. Code Compliance Supervisor Pedro Rodriguez added that the City didn't have any current violations on the property at 77750 Delaware Place. He offered that real estate agents doing their homework helps a lot. He said they come in to the City or call to check on what needs 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8,2014 to happen; investors often do the same. Therefore, he suggested an outreach to the City's real estate community, advising that they need to be a bit more proactive in contacting the City about regulations, as the City provides all kinds of information to developers and real estate agents. Mayor Tanner also related that the process on any home sale includes a home inspection. If someone is buying a home with a wooden fence that appears to be in need of attention, he felt the home inspector should pick up that detail prior to dose of escrow. Mr. Rodriguez replied that in the case considered today, there was an existing wooden fence, a pool was built, and the fence was rebuilt, but the contractor failed to come in and get a permit. Councilmember Hamik felt reaching out to Realtors was a great idea. Mr. Rodriguez added that for properties on which the City has a lien, or when Code works with the Building & Safety Department to process a Notice of Pendency on any violations, the title won't change hands until those issues are cleared. 2. City Council Consideration of Travel Requests and Reports: a) International Council of Shopping Center— Councilmember Hamik said prior to the next Council Meeting, she and Economic Development Manager Ruth Ann Moore will attend this Conference in Las Vegas to see what can be done for the City's retail community and make it that much better. She will provide a report back afterward. 3. City Council Committee Reports: a) Riverside County Transportation Commission — Councilmember Hamik said RCTC had a meeting the other day where an update was received regarding Eastem County Projects. She said there was new information on the rail project, and it actually seems to be moving forward now; funds have been allocated toward studies, etc. She pointed out that while it won't be done anytime soon, it is moving forward. b) So. Calif. Association of Govemments General Assembly — Councilmember Hamik reported that she and Mayor Tanner both attended the General Assembly. There was a lot of great information presented that will be of help to the City and help Councilmembers do a better job on some of the committees on which they serve. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 4. City Council Comments: a) Boy Scouts City Hall Tour — Mayor Pro Tem Weber commented that the Boy Scouts enjoyed a tour of City Hall on April 30, with many department heads and managers getting to meet all of them. She said the Scouts were tremendously excited. For example, she said Mr. Greenwood demonstrated things being done in Public Works with new traffic signals. She also thanked Management Analyst/P.I.O. David Hermann for facilitating the tour, and it went very smoothly as they moved from one department to another. She said the group even dropped in on a meeting in the City Manager's Office, and they were really excited to see that in action. She expressed sincere gratitude to the staff that supported this visit from the Boy Scouts as they were working on their Community Service and Govemment Badge. Further, she said they were tying it into the City's work with the Historical Society of Palm Desert, as the Scouts also volunteer there. 5. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT With City Council concurrence, Mayor Tanner adjoumed the nyeet[ng at 5:39 p.m. ATTEST: S _ RA R LLEb. KLASSEN, CITY CLERIZ, CITY OF PALM DESERT, CALIFORNIA VAN G. TANNER, MAYOR 27