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HomeMy WebLinkAbout2015-03-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 26, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:05 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Mayor Susan Marie Weber Absent: Mayor Pro Tem Robert A. Spiegel 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 Stephen Y. Aryan, Risk Manager Mark Diercks, Transportation Engineer 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 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 1) Property: 74600 King Fisher Circle (APN 624-440-014), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Carlos Valdez and Myma Valdez Under Negotiation: x 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 Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 D. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Weber adjoumed the meeting to Closed Session at 3:06 p.m. She reconvened the meeting at 4:06 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 - Councilman Van G. Tanner VIII. ORAL COMMUNICATIONS - B MR. JOHN TRUDEAU, Somera Road, Palm Desert, approached the City Council with regard to a significant issue he was experiencing with his home, purchased on short -sale from the bank in June 2010. The problem was centered on an unpermitted/unfinished casita on the property that was built by the individual who lived there previously. He'd met with Community Development Department staff three times in the past two weeks and understood the City Attorney was also 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 consulted about it yesterday, but the issue remained without resolution. He didn't think he'd done anything wrong, yet he was now faced either with tearing down a structure on his property that may cost him tens of thousands of dollars of property value, along with those of his neighbors', or with filing a $2,900 application for a variance on the structure, without any guarantee that it would be approved. At the time he was working to buy the property in June 2010, he'd worked with City Principal Planner Tony Bagato to go through a series of processes, including issuance of a letter indicating there were some preliminary permits issued and an adjustment to a setback on the front property line that was approved. However, at that point, Mr. Bagato advised that Mr. Trudeau would have to bring in the adjustment, apply for the permits with two sets of plans, when/if it was necessary. He was not forced to do it then, and he had no plans to actually finish the casita at the time due to the money situation given that he had just financed the property, but it was a major factor in the decision to buy the home. Twelve days after he received the letter from Mr. Bagato, he closed on the house. Since that time, he hasn't done anything to the casita structure, except install a toilet fixture over the existing receptacle, because his kids use the structure for a washroom for the pool. It's a storage facility, no one lives there, and he still doesn't have plans to do anything else with it. In February 2015, he was given a notice from Code Compliance, saying that it had come to the City's attention that there was an unpermitted structure on his property and that he needed to come in and get the proper permits. He gathered all the information he originally had when he bought the house and came to City Hall. During the three successive meetings, it was discovered that the actual adjustment to the front property line was incorrect; the previous owner was granted a 5-foot exception from what should be a 20-foot setback in order for the aforementioned structure to be 15 feet from the property line. Additional research showed that the property line was 7 feet from the road, when at the time of closing, he, along with everyone else, was under the impression that it was at the edge of the road. Now after meeting three times, Mr. Bagato told him the structure must be torn down or he could apply for the variance, and he was seeking Council's intercession on his behalf in this matter. Mayor Weber thanked Mr. Trudeau for coming forward and advised that his issue would be referred to the City Manager for follow-up. MS. NIKOHL VANDEL addressed the City Council regarding the Sentinel Natural Gas Plant in North Palm Springs and warned that it needed to be retrofitted because the particles it emits are hazardous to people, especially children, living downwind from it, according to the wind patterns she saw on the climate chart, which were conspicuously missing from subsequent reports published on the project. She noted the destination of most of those particles settling out of the air was Indian Wells. Although, she believed the conservation groups were reevaluating things, like opening up Yucca Mountain to accept and store nuclear material securely rather than have it be on an earthquake fault and go into the 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 ocean, like Japan's Fukushima nuclear plant that melted down as a result of being damaged in the March 2011 earthquake. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 26, 2015, AS "RUSTY BURNS DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Mr. Burns and thanked him for his patriotism and service to the country. Mr. Burns graciously accepted the recognition on behalf of his fellow Tuskegee Airmen. He said at this point in their lives, they really appreciated all the recognition they can get after all the years where they weren't recognized. Councilmembers expressed sincere gratitude to Mr. Burns and wished him all the very best. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2015 AS "DMV / DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Weber presented the proclamation to Mr. Miles & Mrs. Sylvia Kay, Palm Desert, and Palm Desert DMV Office Manager Bettina Carbajal. Councilmember Hamik commented that she was personally familiar with an experience of organ/tissue donation and expressed how important it was to those in need. She added that it was very simple to become a donor and encouraged everyone to become one. Mr. & Mrs. Kay, ambassadors for "Donate Life," noted that Mrs. Kay was a two-time donated organ recipient and recognized Ms. Carbajal for her work at the DMV that is instrumental in spreading the word and getting donors signed up for this very important program that means so much to so many. Mr. Kay noted that they'd brought small gifts for Councilmembers, including a lapel pin and a magnet, to remind everyone of the importance of organ donation, and he thanked Councilmembers for their support of their efforts. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 C. PRESENTATION TO RECOGNIZE LESLIE ROTH FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2013 - 2015. Ms. Roth was unable to be present for today's meeting; therefore, the engraved crystal clock that was to be presented in appreciation for her service on the Committee will be forwarded to her separately. D. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER MICHELLE DAN. Ms. Dan reported that during the past month, the Youth Committee has been involved in several events throughout the community. These included the very successful Youth -Senior Technology Day hosted on Saturday, March 14; four Committee Members participated and helped several seniors with their iPads, laptops, and cell phones. She said two Committee Members also participated in game night at Autry of Palm Desert last Wednesday and played bingo with many of the seniors there, which was very enjoyable to all. She said in April, some Committee Members were going to be volunteering at the Senior Inspiration Awards luncheon. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 12, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 204, 205, 210, 211, 216, and 217. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of January 27, 2015. 2. Youth Committee Meeting of February 2, 2015. Rec: Receive and file. E. RESIGNATION of Bruce Kessler - Citizens' Sustainability Committee. Rec: Receive with very sincere regret. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Coachella Valley Brewing Co., 72559 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kaiser Grille Palm Desert, 74040 Highway 111, Building A, Suite G1, Palm Desert. Rec: Receive and file. Approved. 3-0-1 (AYES: Jonathan, Tanner, and Weber; NOES: None; ABSTAINING: Harnik; ABSENT: Spiegel) H. RESOLUTION NO. 2015 - 15 - A Resolution of the City Council of the City of Palm Desert, Califomia, Setting Forth its Findings and Authorizing the Destruction of Abandoned Vehicle Abatement Quarterly Report Forms from the Department of Code Compliance that Have Been Digitally Imaged — Dated 1997 - 2011. Rec: Waive further reading and adopt. I. REQUEST FOR APPROVAL of the Purchase of Microsoft Server Software and License in the Amount of $26,156.69. Rec: By Minute Motion, approve payment for Microsoft Server software and license in the amount of $26,156.69 — funds are available in Account No. 110-4190-415-3360. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 J. REQUEST FOR APPROVAL of a Letter of Support for the Coachella Valley Water District's Opposition to the Imperial Irrigation District's Petition for Modification of State Water Resources Control Board Water Rights Order 2002-13, Relative to the Salton Sea. Rec: By Minute Motion, authorize the Mayor to send a letter of support for the Coachella Valley Water District's (CVWD) opposition to the Imperial Irrigation District's (IID) petition for modification of State Water Resources Control Board Water Rights Order2002-13, relative to the Salton Sea. K. REQUEST FOR AUTHORIZATION to Release Security for the 111/Town Center Project (Harsch Investment Realty, LLC, Series F, Applicant). Rec: By Minute Motion, authorize release of the security on file for improvements for the 111/Town Center Project. L. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the San Pablo Village Project (Wessman Development, Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security on file for the San Pablo Village Project. M. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property for Four (4) Private Events at the Palm Springs Art Museum -Palm Desert (The Galen), Located at 72567 Highway 111. Rec: By Minute Motion, approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property for four private events, as indicated in the accompanying staff report's Temporary Use Permit List, at the Palm Springs Art Museum -Palm Desert (The Galen), located at 72567 Highway 111. Councilmember Harnik noted that she would be abstaining from the vote on Item G. Upon a motion by Tanner, second by Jonathan, and 4-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel), the remainder of the Consent Calendar was approved as presented. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF CITY MANAGER AGREEMENT BETWEEN THE CITY OF PALM DESERT, CALIFORNIA, AND JOHN M. WOHLMUTH (CONTRACT NO. C28522). MR. KENNETH DORAN stated he was unsure if he would be able to get through his statement without getting too emotional, indicating he tried to write it out, but it was difficult. He shared that back in 1995 he worked for the City for a couple of years, stating he was contracted through the Desert Business Center at College of the Desert. He said he quickly found out there was a dark cloud hanging over him, which made it difficult for him to meet the challenges, and he wasn't exactly proud of some of the work he produced, because it wasn't his true work. He explained he wanted to make changes that obviously others above him didn't, but he was still able to accomplish things he was proud of, stating he had examples of that work today. Then in 1997, a lot was happening in the City where a couple of Business Assistant Specialist positions were being created for a new division, and he was excited thinking it would be something he could apply for and actually become a member on staff. However, he learned quickly things were not exactly kosher, in that the positions were set up so that only current employees could apply, which was very upsetting to him. Therefore, he went to the City Manager inquiring if there would be a job he could apply for, and the response was that there would be. However, he believed they already had someone in mind for the two positions, because interviews were held and two candidates were selected. The one person that didn't get the 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 job was upset, so what they ended up doing is that they announced the successful candidates and then held a second round of interviews. This time around, the person that didn't get the job, actually got the job, and given they had offered that one candidate the job at the very beginning, they ended up giving that person another job, and again, this was all done without going through the proper process. He said this eventually stopped, because they realized it would come back to bite them. He said the successful candidate went from Business Assistant Specialist to Business Assistant Manager, and quickly onto another job. Once again not following the process, adding that other people had jobs given to them. Additionally, during the two years he was with the City, he saw John Wohlmuth's career go from Environmental Services Manager to Assistant City Manager, which he believed had to do with relationships. Mayor Weber suggested to Mr. Doran to submit his comments in writing, given that he had already surpassed his tree minutes. MR. DORAN replied he tried putting his thoughts in writing, but he couldn't because it was personally a very hurtful and emotional experience. Human Resources Manager Lori Carney stated the Council had a copy of the proposed contract, noting there were no changes in the terms, unless the Council negotiated something else with the City Manager. Councilmember Harnik said there were a couple of non -substantive changes made to the Agreement and Council would like to accept it with those changes. Councilmember Harnik moved to, by Minute Motion, approve City Manager Agreement between the City of Palm Desert, Califomia, and John M. Wohlmuth, with the minor, non -substantive changes to be made. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 B. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN FALCON CREST — 42239 VER DIN LANE (APN 624-431-017) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated this was a home being sold in Falcon Crest; however, the buyer needs a level of assistance to ensure they pay an affordable housing cost. Councilmember/Member Harnik moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Falcon Crest, not to exceed 40% of the sales price of the home to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5, for a qualified low- or moderate - income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize payment of transaction costs, if necessary, for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions and disclosures, up to a maximum of $3,500; 3) authorize use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize Mayor to execute; 4) authorize Director of Finance to draw monies from the relative funds to facilitate the transaction; 5) authorize Authority Chairman and/or Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Hamik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 C. REQUEST FOR AUTHORIZATION OF THE EXECUTION OF PROFESSIONAL SERVICES CONTRACTS WITH THE ALTUM GROUP AND WITH PREST-VUKSIC ARCHITECTS, RESPECTIVELY, RELATING TO THE ENGINEERING AND ARCHITECTURAL DESIGNS FOR THE ALESSANDRO WEST IMPROVEMENT PROJECT. Mayor Weber recused herself from this item and left the Council Chamber leaving Councilman Tanner to facilitate. Mr. Alvarez stated this was a follow-up item to the discussion at the Study Session prior to the meeting. The proposed contracts will allow staff to move forward with the completion of both engineering and architectural designs. Included in the recommendation is the request for Council's approval to change the name of this project to the "Alessandro West Improvement Project." He said this project will allow the City to improve and remove blight on the backsides of the Highway 111 commercial corridor and the Palma Village area. The improvements will include a new block wall along the north side of the corridor and 130 new parking spaces that will serve the commercial owners that will be perpendicular to the proposed block wall on the north side. Landscaping, lighting, and new pavement is included in these design services. Of course, this will require the City to go out to bid, and once the design is complete, return to the City Council for approval of a construction contract. Funding for the project has been set aside in the amount $2.1 million, which will come from Project Area 1 Bonds that had been allocated as part of the dissolution of the Redevelopment Agency. He offered to answer any questions. Councilmember Harnik thanked staff for the Study Session, stating it was very helpful. She inquired about areas 7 and 17, asking if they were privately owned and empty. Mr. Alvarez answered they are. Councilmember Harnik moved to, by Minute Motion, authorize: 1) Renaming of Alessandro Alley Improvement Project to the "Alessandro West Improvement Project;" 2) execution of a Professional Engineering Services Contract with The Altum Group, Palm Desert, California, in the amount of $105,560, plus a 10% contingency ($10,556), for the Alessandro West Improvement Project (Contract No. C33330A); 3) execution of a Professional Architectural Design Services Contract with Prest-Vuksic Architects, Palm Desert, California, in the amount of $38,695, plus a 10% contingency ($3,869.50), for the Alessandro West Improvement Project (Contract No. C33330B); 4) expenditure of funds for this purpose currently available in Capital Project Fund Account No. 400-4341-433-4001 — costs will be reimbursed to the City from Bond Proceeds pursuant to the approved Alessandro Bond Proceeds Funding Agreement (Contract 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 No. C33330); 5) executive Director to execute the Professional Services Contracts as they relate to design of the Alessandro West Improvement Project. Motion was seconded by Tanner. Councilman Jonathan commented it was great the project continues to move forward toward construction and completion. Councilman Tanner called for the vote, and the motion carried by a 3-0 vote (AYES: Harnik, Jonathan, and Tanner; NOES: None; ABSENT: Spiegel and Weber). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS NOTE: AN AGENDA ADDENDUM WAS POSTED FOR ITEM A, BELOW, AT LEAST 72 HOURS IN ADVANCE OF THE MEETING, AMENDING THE RECOMMENDATION FROM THAT WHICH APPEARED ON THE ORIGINAL AGENDA. A. CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, DEVELOPMENT AGREEMENT, SPECIFIC PLAN, GENERAL PLAN AMENDMENT, AND A CHANGE OF ZONE TO ESTABLISH LAND USE DESIGNATIONS, A TENTATIVE PARCEL MAP TO ESTABLISH NINE PARCELS WITHIN THE SPECIFIC PLAN AREA, AND A TENTATIVE TRACT MAP TO SUBDIVIDE 38+ ACRES INTO 166 SINGLE-FAMILY HOME LOTS, LOCATED ON 152 ACRES NORTH OF GERALD FORD DRIVE, SOUTH OF PACIFIC UNION RAILROAD, EAST OF PORTOLA AVENUE, AND WEST OF TECHNOLOGY DRIVE, Case Nos. DA/SP/GPA/C-Z/EA 14-332, TPM 36792, TTM 36793 (PD 80 T & S, LLC / Palm Desert University Gateway, LLC, Applicants). Associate Planner Eric Ceja stated this item was before the Council two weeks ago and Ordinances were passed in support of the Millennium Palm Desert Specific Plan to today's meeting. He noted the Resolutions were also carried over to be considered today. Councilmember Hamik moved to: 1) Waive further reading and adopt: a) Ordinance No. 1281, approving Development Agreement 14-332, The Millennium Palm Desert Specific Plan, and a Mitigated Negative Declaration of Environmental Impact; b) Resolution No. 2015 - 14, approving General Plan Amendment No. 14-332; c) Ordinance No. 1282, approving Change of Zone 14-332; d) Resolution No. 2015 - 15, approving Tentative Parcel Map 36792 and Tentative Tract Map 36793, subject to conditions; 2) by Minute 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 Motion, approve Agreement For The Exchange of Real Property between the Applicants and City of Palm Desert, as it relates to the subject project, and authorize the Mayor to execute same. Motion was seconded by Tanner. Mr. Erwin noted the motion included the Amended Exchange Agreement as indicated on the Addendum. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). Councilman Tannerthanked and congratulated Mario Gonzales, Ted Saldin, and Greg Olesen for their tenacious work on getting this project through, stating he looked forward to seeing the north sphere take on a different look. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION NO. 25.40.080 - FENCES AND WALLS - TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO ALLOW THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE EXCEPTIONS FOR NONCONFORMING FENCE MATERIALS WITH ARCHITECTURAL MERIT AND COMPATIBILITY WITH THE HOME, Case No. ZOA 14-421 (City of Palm Desert, Applicant) (Continued from the meeting of February 26, 2015). Associate Planner Eric Ceja recalled for the Council he had presented the Zoning Ordinance in February 2015, where they recommended changes to the City's Fences and Walls Ordinance. The City Council reviewed those changes and had some debate and discussion regarding the exception's procedures. Therefore, staff modified the language in the proposed Ordinance that will allow for exceptions to wood and vinyl fencing through the Architectural Review Commission under two criterias: 1) The fence is architecturally compatible with the home; 2) The fence itself has architectural merit. He displayed photographs of homes with wood fencing that one would see in the Coachella Valley and Palm Desert. Councilman Tanner commented the time spent in developing this Ordinance with the added terminology is acceptable. Mayor Weber declared the public hearing open and invited testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 Councilman Jonathan noted ARC and the Planning Commission, upon reconsideration, both voted unanimously to make the two changes, which is appreciated. He also appreciated Mr. Ceja providing visible examples of what Councilmember Hamik brought up, stating in some cases wooden features are desirable, and the revisions facilitate that type of approach. Councilmember Harnik thanked everyone's consideration on this matter. Councilmember Hamik moved to waive further reading and pass Ordinance No. 1280 to second reading, approving ZOA 14-421, amending P.D.M.C. Section No. 25.40.080 - Fences and Walls. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES: Hamik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 2-13, 2015. Mr. Wohlmuth called attention to the printed report provided in the agenda packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. Report on the Implementation of Reusable Shopping Bags Effective April 1, 2015. Mr. Wohlmuth recalled for City Council that the single -use plastic bag ban was becoming effective this year, starting with large stores on April 1. When this was first considered a year ago, he'd indicated that staff would go out and provide public education about the regulation. In today's agenda packet, he'd provided a printed report showing that the education program had been to 14 grocery stores and had given away 1,700 reusable bags to anyone wanting them, primarily Palm Desert residents. He said comments received were very favorable, as the City had provided residents an avenue to meet the ordinance with the reusable bags. Responding to question, he said the stickers/decals were provided to stores that wished to post the information conspicuously for their customers. Councilmember Hamik added that she'd spoken with a Councilman from City of Malibu, which has had this regulation in place for years. He told her that now when they go to Sacramento to discuss the regulation, Ralph's Grocery Stores goes with them, because they 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 didn't realize how much money they would save with the prohibition of plastic bags; it had been very beneficial to them, even though they were somewhat resistant to the idea initially. Upon inquiry by Councilman Tanner about who'd been manning the tables in front of the grocery stores during these programs, Mr. Wohlmuth said Director of Special Programs Frankie Riddle and her staff have been assisting. He said the City also had one of its contractors that oversees the commercial recycling program, D&B Visions, assisting with the outreach, along with Principal Planner/Sustainability Coordinator Tony Bagato. Councilman Tanner went on to say he'd also heard some of those comments when he was walking around the stores, and people were somewhat taken aback that Palm Desert's regulation was going into effect, since the State is pulling back from theirs and not enforcing it. He'd gone on to advise them that the State is different than the City, but overall it's been a good reaction. Mr. Wohlmuth offered that the State did pass the Assembly Bill to ban plastic bags in Califomia; however, there is a petition now being circulated to put it on the ballot. Although, he noted that Palm Desert decided to go ahead with its program before the State, because the legislation allowed the City to keep its program. In keeping its own program, the City can make modifications, as was done for El Paseo, and Palm Desert's regulation is grand -fathered in no matter what the State does or the voters decide. He suspected one of the reasons the City received favorable comments was because they were only currently being received from people getting the reusable bags. Councilman Jonathan proposed that if and when the State passes its regulations, it would be prudent for the City to review its ordinance in order to avoid any overlap, confusion, or double sets of rules. Mr. Wohlmuth was familiar with the language in the original Assembly Bill but was uncertain how the ballot proposition will read. The original Assembly Bill provided for the City being able to pass its own ordinance, and it stays in effect. Therefore, Palm Desert was able to adapt its program to meet local needs versus living with the State's requirements. Councilman Jonathan pointed out that he was not suggesting the City would modify its regulations, but wanted to review the two sets of rules to ensure that if there were ways the City could accomplish its 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 goals more efficiently and understandably for merchants and consumers, it should do so. Mr. Wohlmuth agreed. Mayor Weber noted that the City and its Sustainability Committee spent a lot of time and worked very diligently to craft Palm Desert's regulation. With City Council concurrence, the Report on the Reusable Shopping Bags was received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session scheduled for Thursday, April 9, 2015, at 2:00 p.m. in the Administrative Conference Room — Solid Waste, Recycling, Franchise, and Tax Roll Billing. Ms. Klassen called attention to the announcement of the scheduling of the Study Session prior to the next regular City Council Meeting. Councilmembers took note of the Study Session date and time. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meeting Summaries Report for the Period of March 1-14, 2015. Mayor Weber called attention to her report provided in the packets. She also noted that with regard to the Alzheimer's Walk on March 14, everyone she encounters who uses Civic Center Park for events are absolutely awed by it, and the City should be tremendously proud of 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 it and all of the people who've worked on it to make it so wonderful and functional. With City Council concurrence, the Mayor's Meeting Summaries were received and filed. 2. City Council Requests for Action: a) Consideration of Rescheduling the Thursday, June 25, 2015, Regular City Council Meeting to Thursday, June 18, 2015. In response to comment, Mr. Wohlmuth noted that if the Council proceeds with its June 11 meeting in addition to one on June 18, staff reports for the 18'h have to be in on the 11'h, so there's really no room for adjustments. Therefore, having the June meeting mid -month might result in a better outcome with a single event. Further responding to comment about how many meetings would then be held in July, he said that Council has not yet considered its summer schedule. Historically, Council has held the first regular meeting in July and the second regular meeting in August, cancelling the second in July and first in August for a summer recess. He added that staff would be able to work with that schedule, if Council so chooses. Staff plans well in advance for placing items on meeting agendas and can easily do so for both holding one meeting in June on the 18'h and for the typical summer recess. Councilman Tanner pointed out that when he created this year's community calendar, he cleared it of meetings for all of August. He had understood this was something the Mayor (as it was created when he was serving as Mayor in 2014) was able to do as part of that process. Mayor Weber said she had not yet looked at the August calendar to be aware of this occurrence. Mr. Wohlmuth said that staff was able to work with whatever schedule the Council chooses. Councilmember Harnik added that when this is decided each year, the option was always left open to hold the meetings that were proposed to be canceled, in order to respond to any business that needs to be accomplished over the recess period. She felt that was still a good way to approach the schedule. She also thought the idea of having just one meeting in June was a good one, 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 especially when it came to focusing on the budget. As far as the other meetings in July and August, she believed this should be discussed a little closer to that time to see what business needed to be accomplished for the people and that Council needed to be present to do so. If there isn't any, it could vote on how it needed to schedule and attend the meetings. Councilman Jonathan noted that the July and August schedules were not up for discussion today, recognizing that there had been a precedent set for how that's been done in the past with one meeting in each the months of July and August. However, he was extremely uncomfortable having only one meeting in June; because he felt strongly that it was Council's job to conduct meetings and make this venue available to the public. He asked how many of his colleagues were planning on attending the League's Executive Forum in Monterey, as if there was only one, it was not an issue; if more, then it was. Councilmembers Harnik, Tanner, and Mayor Weber confirmed they planned to attend. Mayor Weber added that this was a unique conference, and Councilmember Harnik noted that this particular event had not been held in years and was being resumed. Councilman Jonathan then responded if Council was not holding the meeting on June 25, it should conduct meetings on both June 11 and June 18, even if the 18`h is only a very brief agenda. It still gives the public an opportunity to come in and make their comments. He reiterated that he was very uncomfortable of the possibility of holding only one meeting in each of the months of June, July, and August. Upon inquiry if staff could make this schedule, Mr. Wohlmuth said it absolutely could meet this request. He agreed that the second meeting in June on the 18th could be relatively short with the budget being the primary order of business, after the regular June 11 meeting with the standard amount of agenda items. Ms. Klassen added that on the weeks that it produces the agenda, late Thursday afternoons are spent finalizing and beginning reproduction of the packets. If there's a meeting on June 11 followed immediately with a packet to be distributed for the 18`h her staff would have the packets available on Monday, June 15, instead of the usual Friday afternoon prior to the meeting. Further, 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 she said Minutes of the June 11 meeting would not be available for approval on the June 18 agenda. Councilman Jonathan said he would be okay with that proposal, and then Council could have just one meeting in July and one meeting in August as it's done historically. Councilman Jonathan moved to, by Minute Motion, direct staff to plan for holding the regular City Council Meeting on Thursday, June 11, 2015, and to schedule the second meeting in June to be held on Thursday, June 18, 2015, cancelling the regular meeting to be held on June 25. Motion was seconded by Harnik and carried by 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 3. City Council Consideration of Travel Requests and Reports: None 4. City Council Committee Reports: a) Coachella Valley Economic Partnership — Councilmember Harnik offered that CVEP has been working hard after their recent financial issue came up; they've been knuckling down to turn the situation around and have done a tremendous job. She particularly commended Interim President & CEO Joe Wallace for his efforts in this regard. b) Utility Underaroundina — Councilman Jonathan reported that the City has appointed members to the Ad Hoc Committee and scheduled the first meeting to be held on May 5 at 4:00 p.m.; things were moving forward. 5. City Council Comments: a) Jefferson Street/I-10 Interchange Project Groundbreaking — Councilmember Harnik reported that she and Councilman Jonathan participated in the Groundbreaking event last Friday. She said it's a $71 million project, the biggest one CVAG has done since Highway 86. It will be impressive and make transportation far more pleasant for everyone in the Coachella Valley. b) Fashion Week Ribbon-cuttina — Councilmember Harnik said she and all her colleagues were there for the kick-off to this year's Fashion Week, which is underway currently and another great event. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 Mayor Weber said she'd heard many comments already about how impressive Fashion Week is. She thanked staff for working on this very important and successful event. c) Joslyn Center Luncheon — Councilmember Harnik commented that she and her colleagues attended today's Fashion Show Luncheon. She added that former Joslyn Center Director Peter Rittenhouse was honored for his service to the Center and gave a very moving acceptance speech. Mayor Weber agreed. 6. Suaaested Items for Future City Council Meetina Aaendas: None XIX. ADJOURNMENT On a motion by Jonathan, second by Tanner, and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 5:07 p.m. ATTEST: ASSENT -CITY -CLERK CITY OF PALM DESERT, CALIFORNIA W,...,,ti SUSAN MARIE WEBER, MAYOR 20