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HomeMy WebLinkAbout2016-03-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 24, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jan C. Hamik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: Rudy P. Acosta, Acting City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Mark Brooks, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Anthony Baur, Asst. Chief, Palm Desert Police/Riverside County Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Prior to adjourning to Closed Session, City Attorney Hargreaves provided the following announcements for the Council's information: 1. Kenneth Doran filed another lawsuit against the City of Palm Desert, similar to the previous case, and the City Attorney's Office has responded to it. It MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 is not expected to last long. If more information is desired by Councilmembers, please contact Mr. Hargreaves for it. 2. On the next City Council Meeting Agenda, staff is preparing a report regarding a change in the Mobile Home Park Rent Control Ordinance, in accordance with a prior memo distributed to Councilmembers. Notification has been/is being made to both park owners and to the tenants with public postings. Councilmembers may be contacted about this, it may be controversial, and if much objection is raised, staff will put the issue on hold and schedule a Town Hall -type session in order to inform people about the proposed change. Staff believed the change was relatively small, but it could be perceived otherwise. Here, too, he offered to provide Councilmembers with additional information if desired. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: John M. Wohlmuth/City of Palm Desert NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS IN ADVANCE OF THE MEETING. D. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APNs 620-430-024, 620-430-025 (Desert Willow Lot Pad G - Country Club Drive) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 With City Council concurrence, Mayor Spiegel adjoumed the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:05 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 - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Sabby Jonathan VIII. ORAL COMMUNICATIONS - B MS. KATHRYN WHITE, on behalf of the American Lung Association, San Bemardino, CA, said more American men and women die from lung cancer every year, and the Lung Association has a presence in the Coachella Valley to create awareness and make a difference for lung health (i.e., children with asthma or adults with COPD [Chronic Obstructive Pulmonary Disease], etc.). She went on to announce their upcoming campaign, the "Turquoise Takeover," in recognition of National Women's Lung Health Week, May 9-14, 2016. She added that national media makes a point of going turquoise, highlighting stories about survivors - and there are many, thanks to lung cancer early detection tests and new drug protocols. She respectfully requested a proclamation to be presented during "Turquoise Takeover Week" the second week of May and is working with various Coachella Valley cities and the news media to call attention to this effort. She hoped that the local media would also go turquoise in support, just as their national counterparts do. Lastly, she noted that she was in the process of building an Executive Leadership Committee and asked for Council's help by forwarding the names of female leaders who have an interest in this mission — everyone shares the same air — those who could open doors and get the word out about lung health. Ultimately, she said they were planning an educational luncheon in March 2017. She thanked Councilmembers for allowing her to this time today and promised to stay in touch. MR. BRIAN McDONALD, Government Affairs Representative for Southem California Edison (SCE), Cathedral City, CA, introduced himself to City Council as the new person in this position. He acknowledged meeting most of the Councilmembers already, which meant they were already aware of SCE's recent reorganization. It meant that SCE would probably be serving customers a little differently in the future, in hopes that the level and quality of service will not suffer, noting that he had pretty big shoes to fill in following Jennifer Cusack as the City's former SCE Govemmental Affairs Representative. He added that she was now 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 covering the County of San Bernardino. He called attention to some early successes that have been enjoyed and hoped to build on, including the Ad Hoc Utility Undergrounding Committee, the ITC Tax Refund, and the way the City is receiving outage notices so that it is not inundated with voice -mails ovemight or on the weekends with these occurrences. The one thing that SCE would like to do in particular is to provide an annual reliability report in a staff -to -staff manner, where the relationship can be enhanced and strengthened. He believed this was already occurring but stood ready to address any and all concerns in this regard. He offered to be in the Council Chamber for awhile this aftemoon in case any audience members needed to speak with him about any issues. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 24, 2016, AS "SERGEANT MARY LASORSA DAY" IN THE CITY OF PALM DESERT. On behalf of the Mayor and the entire City Council, Mayor Pro Tem Hamik presented the proclamation to Sgt. LaSorsa, in recognition of her volunteerism with the City's Citizens on Patrol (COPS), including documenting and submitting all the necessary data that led to Palm Desert's COPS Program being recognized with the Presidential Volunteer Service Awards. In 2015, nine COPS Members received the Silver Presidential Volunteer Service Award, and seven Members received the Gold Presidential Volunteer Service Award. Sgt. LaSorsa, herself, received a Gold Award with 768 volunteer hours in 2015. Sgt. LaSorsa thanked Councilmember Weber for nominating her for this recognition, and she thanked Director of Special Programs Frankie Riddle for putting the program into her hands, her husband Rob for giving up his time with her, and anyone and everyone who has anything to do with COPS. She also thanked all of her COPS colleagues, because it was the team that made the Presidential Volunteer Service Award recognition a success. Later in the meeting, Councilmember Weber commented that the proclamation just presented, the instrumental efforts made by Sgt. LaSorsa were very much understated. She did a tremendous amount of work on the project, analyzing and submitting page upon page of paperwork to bring these awards to the City. Therefore, she wanted to extend her own personal appreciation to Sgt. LaSorsa for bringing such well -deserved credit to Palm Desert's COPS Program. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF APRIL 10-16, 2016, AS "NATIONAL CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF PALM DESERT. On behalf of the Mayor and entire City Council, Mayor Pro Tem Harnik presented the proclamation to Ms. Blanca Rodriguez of the Riverside County District Attorney's Office. Ms. Rodriguez expressed sincere appreciation on behalf of the Riverside County District Attorney's Office for this recognition. She also invited everyone to attend their local candlelight vigil here at Palm Desert's Civic Center Park on April 12 at 7:00 p.m. C. PRESENTATION OF AN UPDATE TO THE CITY COUNCIL OF YOUTH COMMITTEE ACTIVITIES BY CHAIR CORY HUTCHINSON. Mr. Hutchinson was unable to be present at today's meeting, and Presentation will be rescheduled. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 10, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 2/29/2016, 3/4/2016, and 3/9/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 3/4/2016 and 3/11/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. RESOLUTION NO. 2016 - 26 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Office of the City Clerk, to Rely on the Electronic Record as the Official Record. Rec: Waive further reading and adopt. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Library Promotion Committee Meeting of October 21, 2015. 2. Youth Committee Meeting of February 1, 2016. Rec: Receive and file F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22310H - Monterey Avenue at 1-10 Ramp Modification Project (Project No. 669-02) (Powell Constructors, Inc., Fontana, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. G. REQUEST FOR AUTHORIZATION to Submit the 2016/2017 Household Hazardous Waste (27th Cycle) Grant Application to CalRecycle. Rec: 1) Waive further reading and adopt Resolution No. 2016 - 27, authorizing the submittal of the 2016/2017 Household Hazardous Waste (27th Cycle) Grant Application to CalRecycle; 2) by Minute Motion, authorize expenditure of awarded funds from Recycle Fund, Account No. 2364195-4309000. H. REQUEST FOR AUTHORIZATION to Reimburse the City of Rancho Mirage in the Amount of $21,123.06, for the Purchase of a Sokkia Total Station Laser Surveying Instrument. Rec: By Minute Motion: 1) Approve reimbursement to the City of Rancho Mirage, Rancho Mirage, Califomia, in the amount of $21,123.06 for the purchase of a Sokkia Total Station laser surveying instrument to assist with traffic accident investigations; 2) appropriate $21,123.06 from the Unobligated General Fund Reserve Account and transfer into Account No. 1104210-4304000 (Police Contingency Fund) for the Sokkia Total Station reimbursement. I. REQUEST FOR APPROVAL of Third Amendment to Contract with CleanStreet, the Second One-year Extension for Parking Lot Sweeping Services in the Amount of $34,962.24 (Contract No. C32722). Rec: By Minute Motion: 1) Approve Third Amendment to the subject contract with CleanStreet, Gardena, Califomia, for Parking Lot Sweeping Services in the amount of $34,962.24; 2) authorize the Mayor to execute the related amendment - funds are available in the various building and business improvement district accounts. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 J. REQUEST FOR APPROVAL of Second Amendment to Contract with Southwest Aquatics, the Second One-year Extension for Lagoon and Water Features Maintenance Services in the Amount of $30,096 (Contract No. C32732). Rec: By Minute Motion: 1) Approve Second Amendment to the subject contract with Southwest Aquatics, Palm Desert, Califomia, for Lagoon and Water Features Maintenance Services in the amount of $30,096; 2) authorize the Mayor to execute the related amendment - funds are available in the General Fund Account Nos. 1104610-4332001, Repair/Maintenance Medians; and 1104614-4332501, R/M Medians. K. REQUEST FOR APPROVAL of Proposal for Artwork by Juan -Manual Alonso for the Set of Two Traffic Signal Cabinets at the Northwest Comer of Fred Waring Drive and Portola Avenue (Contract No. C34790). Rec: By Minute Motion: 1) Approve the proposal by Juan -Manual Alonso for artwork for the set of traffic signal cabinets on the northwest corner of Fred Waring Drive and Portola Avenue; 2) approve related expenditures from Public Art Account No. 4364650-4400100 in the amount of $2,100. L. REQUEST FOR APPROVAL of Contract with Chelsea Rowe in the Amount of $1,350 for Entertainment at the "Vision San Pablo" Event on May 7, 2016 (Contract No. C35130). Rec: By Minute Motion: 1) Approve subject contract with Chelsea Rowe, La Quinta, Califomia, in the amount of $1,350, for providing live band performance at the Vision San Pablo Event; 2) authorize the City Manager to approve expenditures in an amount not to exceed $11,650 for production of the Vision San Pablo Event - funds are available in Account No. 1104417-4321900. Upon a motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, WHEREIN THE CITY COUNCIL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE LEAGUE OF CALIFORNIA CITIES FOR THE HELEN PUTNAM AWARD FOR EXCELLENCE IN THE CATEGORY OF ECONOMIC DEVELOPMENT THROUGH THE ARTS FOR THE FIRST WEEKEND PROGRAM; AND THE EXECUTION OF ANY RELATED DOCUMENTS NECESSARY FOR THE APPLICATION. Management Analyst Deborah S. Glickman noted there was an application for the Carlos Ortega Villas on the last City Council agenda, and this one is for the First Weekend Event for Economic Development. She said the City is allowed to apply in multiple categories. Mayor Pro Tem Hamik moved to waive further reading and adopt Resolution No. 2016 - 28. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT RENEWAL WITH D&B VISIONS FOR CONSULTING SERVICES RELATIVE TO THE CITY'S SOLID WASTE AND RECYCLE PROGRAMS (CONTRACT NO. C32593). Ms. Riddle stated this item is to renew the contract with D&B Visions to continue to help the City promote solid waste and recycling programs out in the community. She said the consultant has been very instrumental in implementing the Plastic Bag Ordinance and the new Organics Recycling law that just went into effect. Councilman Jonathan questioned what concrete results was the City expecting for the $85,000. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 Ms. Riddle explained that D&B Visions meets with businesses and educates their managers and staff, and it's done on a continuing basis, because as they get new managers or employees, they are trained as well. She added that Palm Desert has an upwards of 3,000 businesses, and the consultant has to ensure that their staff is up-to-date with current regulations, existing programs, and any new ones that come up. Additionally, they helped with the City's multi -family housing, as part of a grant, where they went into the communities, provided containers, and provided education to the tenants. She said these are the types of things the consultant is continuously working on out in the community, adding that the consultant provides the City with reports that can be forwarded to Council. Responding to question, she confirmed the consultant is providing education on the solid waste recycling requirements. Councilman Jonathan said that if this contract is approved, he will look for, A) measurable standards so that at the end of the year the Council can evaluate what it got for the money; B) evaluate other alternatives. For example, education can be done through print or social media, because if that's all they are really doing, educating the City's 3,000 business, there may be more cost-effective ways of accomplishing the same goal. Ms. Riddle pointed out the City currently provides awareness through the BrightSide and other means, but the consultant went door to door, meets with people personally, provided education, trains staff, and sets up a program with them. She said the consultant did a lot more than providing education and awareness, stating the education component was much more detailed. Councilman Jonathan said he wasn't disputing Ms. Riddle's comment, but he would like to have measurable standards, so that in another year, if staff makes the request to renew the contract, Council can evaluate what it received for $85,000 and determine if it wished to make the same investment. Councilman Jonathan moved to, by Minute Motion: 1) Approve subject contract with D&B Visions, Temecula, Califomia, for consulting services relative to the City's Solid Waste and Recycle Programs; 2) authorize expenditure of funds in an amount not to exceed $85,000 from the Recycle Fund, Account No. 236-4195-454-3090, subject to additional contractor reporting requirements for measurable standards and evaluation at the end of the contract. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 B. REQUEST FOR AWARD OF CONTRACT TO EARTH SCULPTURES IN THE AMOUNT OF $632,000 FOR THE FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECT AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C34940). Mr. Alvarez stated that as part of his presentation, he would provide the Council with background information about Desert Willow Golf Resort, current projects, and future golf resort improvements. He said Desert Willow Golf Resort opened in 1996-1998, and over the years, the Course has generated more than 80,000 golf rounds per year. The Course has been recognized nationally as a top municipal golf course throughout the years; however, its undergone significant wear and tear. The golf course architect, back in 2009 helped the City with evaluating both golf courses. At that time, staff chose to take on the priority of the Mountain View Golf Course by renovating the greens, bunkers, and lake edges. At that time, the Firecliff Golf Course was not renovated. In 2014, Council approved staff to contract with Hurdzan Golf, the original golf course architect, to create a master plan for the golf course and resort that would keep assets up -to -speed, improve the quality of the experience, and protect the asset (golf course). Hurdzan Golf assisted with the development of a five-year plan and in prioritizing the improvements that will save money in labor, materials, utility cost, including water. The Master Plan was outlined over a five-year period as follows: Year 1, fiscal year 2013/14, renovation of the Desert Willow Resort driving range, which was completed in the summer of 2014; Year 2, fiscal year 2014/2015, there was no construction, but there was $300,000 budgeted; Year 3, the current fiscal year 2015/2016, the proposal is to renovate the bunkers on the Firecliff Golf Course, and $300,000 has been budgeted for this purpose; Year 4, fiscal year 2016/2017, renovate the Firecliff greens and academy driving range as budget allows; Year 5, fiscal year 2017/18, remove approximately 20 acres of turf as identified by the architect without impeding play or reducing the design intent of the golf courses. He noted that as part of the Hurdzan Golf contract, they assisted with preparing the bid specifications for the Firecliffs bunker work. Over the years, the bunkers have seen significant wear and tear, including sand contamination. The plan is to reduce and consolidate the bunkers by approximately 45%, renovate the bunkers by adding new drainage, new liners, and new sand. The goals of this renovation include improving the quality of the experience, the pace of play, condition of the sand, and reduction of labor cost associated with this time -intensive maintenance operation. He displayed a map of the affected greens and fairway bunkers, and areas of the proposed improvements. In 2015, staff pre -qualified four golf course contractors by identifying their experience and qualifications, being that golf course contractors are very specific in this industry, staff wanted to ensure it had qualified contractors before moving forward with the bid. Two bids were received and opened in March, and Earth Sculptures, Inc. was the lowest responsive bidder, and 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 they are local. He said their bid came in at $632,000, and they are the same contractor that assisted with the Mountain View Golf Course renovation in 2010. In conclusion, staff recommended approval to move forward with the proposed improvements. Councilman Jonathan stated that the Firecliff Golf Course is perceived the more challenging course compared to Mountain View; therefore, he questioned the impact to the golfer's experience. Mr. Alvarez replied that this issue was discussed with the architect, because this golf course was originally intended to be a championship course that would be used in tournaments here in the Valley. However, after evaluating the golf course, the architect took into consideration the quality of experience. Therefore, the plan is to reduce the bunkers by size but not by location, which retains the design intent and allows for improvement upon the quality of experience. Mayor Spiegel stated staff budgeted $300,000 for this fiscal year, but the cost for the renovation is $632,000. Mr. Alvarez explained that in fiscal year2014/2015, $300,000 was budgeted, but there was no construction, so those funds were carried over to this year. Therefore, there are $600,000 in the budget, and staff is requesting to augment it by $32,000, including an additional 10% for contingency as outlined in the recommendation. Mayor Pro Tem Harnik said it was time to invest in the City's asset and keep it playable and looking great. Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Award subject contract for the Firecliff Golf Course Bunker Renovation Project at Desert Willow Golf Resort to Earth Sculptures, Inc., Indio, California, in the amount of $632,000; 2) authorize the Finance Director to set aside the amount of $63,200 as a 10% contingency (use of contingency requires additional action); 3) appropriate an additional $95,200 from Fund 441 to Account No. 4414195-4809200 —there is currently $600,000 available in the Fiscal Year 2015/2016 Desert Willow Capital Improvement Fund. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 C. REQUEST FOR AWARD OF CONTRACT TO PACIFIC TENNIS COURTS, INC., IN THE AMOUNT OF $63,333.33 FOR THE 2016 BASKETBALL COURT RESURFACING PROJECT AT THE CIVIC CENTER PARK AND FREEDOM PARK (CONTRACT NO. C35020, PROJECT NO. 946-16). Mr. Greenwood reported that the basketball courts at both Civic Center Park and Freedom Park is worn and faded, and it's time to resurface. Responding to question, he confirmed the contract went out to bid with two bids received, and the came in very close together. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for the 2016 Basketball Court Resurfacing Project at Civic Center and Freedom Parks to Pacific Tennis Courts, Inc., Moorpark, Califomia, in the amount of $63,333.33; 2) authorize the Finance Director to set aside a 10% contingency in the amount of $6,333.33; 3) authorize the Mayor to execute the contract —funds are available in Account No. 2334674-4400100 - Civic Center Park Fund; Account No. 4304618-4400100 - Park Fund Reserve; and Account No. 2334618-4400100 - Park Fund. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). D. REQUEST FOR AUTHORIZATION OF MARKETING FUND EXPENDITURES IN THE AMOUNT OF $105,000 WITH H&L PARTNERS FOR CREATION OF A NEW AD CAMPAIGN AND MARKETING VIDEO (CONTRACT NO. C34640A). Tourism & Marketing Manager Thomas Soule noted the staff report for approval of the new ad campaign and marketing video for the City. He said funds had been previously approved in this year's fiscal budget. Mayor Pro Tem Hamik commented that she loved that the City's Strategic Plan Objective was included in the staff report. Councilman Jonathan said this was an investment that would yield retums. Councilman Tanner moved to, by Minute Motion: 1) Authorize subject contract in the amount of $105,000 with H&L Partners, for the creation of a new ad campaign and marketing video; 2) authorize the City Manager to execute the agreement on behalf of the City - funds are available in Account No. 1104417-4309000 - Professional -Other. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS IN ADVANCE OF THE MEETING. E. CONSIDERATION OF SIGNAGE PILOT PROGRAM FOR COMMERCIAL DISTRICT, SUSPENDING ENFORCEMENT OFA-FRAMEAND PEDESTAL SIGNS ON PRIVATE PROPERTY. Mr. Stendell stated that staff was requesting Council suspend or temporarily waive enforcement efforts of the pedestal signs in the El Paseo area until it received the results of the survey from the El Paseo merchants. He said tomorrow was the deadline and the City has received close to 30 surveys, but hoping for more. Between February and today, there have been several comments, questions, and concerns, stating this remains an outstanding issue with the potential strategy of using balloons as advertising devices. Staff felt this report would be a good opportunity to start that conversation. As noted in the staff report, there is no recommended action, except for taking direction from the Council. He said most of the merchants on El Paseo are in favor of using them on a limited basis or special events, and others are on either side of the issue. He felt it was too early to make decisions on balloons at this point, but the Council could address the pedestal signs issue and waive the enforcement until staff can figure out what happens Tong -term. Councilman Jonathan recalled that direction to staff was to allow the El Paseo Merchants Association to deal with it, and he understood staff reached out and there is now a survey in process, and staff is working with them, which he applauds. However, he questioned why staff was not allowing the process to proceed, and why was staff requesting to waive the existing Ordinance. Mayor Pro Tem Harnik interjected, inquiring on the number of surveys' received. Mr. Stendell replied that the City had received close to 30, but he didn't know the total amount of surveys' sent out. Mayor Pro Tem Harnik said it would be nice to make an extra effort to get more surveys', because 30 was a small representation of El Paseo. She pointed out that the El Paseo Merchants Association was strictly an advisory committee. She added that waiving the Ordinance for about three months or June, another set of facts would be available for the Council to make an informed decision. She was hesitant in making a decision when there was information still outstanding, stating she wants to avoid having to review this issue again. Additionally, the El Paseo Merchant's Association wanted to put 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 things on hold while the survey was out, which was an effective way to acquire the necessary information to make the best decision possible. Councilman Jonathan agreed the merits of this can be debated, but he continues to question why not just allow the process to proceed without having to waive the current Ordinance. Mr. Stendell stated he was directed by the City Manager to place this item on the agenda for consideration. Councilman Tanner said he met and spoken with a couple of the merchants, and he believed there will be fewer signs posted on El Paseo than what is currently seen, so he would be in favor of staffs recommendation to waive the Ordinance temporarily. He said Palm Desert depends on retail and sales tax, stating the Council needed to encourage these businesses to let the public know they are open. Councilman Tanner moved to, by Minute Motion: 1) Temporarily waive Chapter 25.56 - Signs, Section 25.56.080(G), allowing retail businesses along El Paseo to display pedestal and A -frame signs on private property from March 25 - May 31, 2016. Motion was seconded by Hamik. Councilman Jonathan said he understood, although, he thought it presupposes that the merchant community on El Paseo wants the signs, which was still unknown. In fact, he heard from a few people that it would degrade the quality of the experience on El Paseo to have sidewalk signs, and currently the City has an Ordinance prohibiting them. He was not opposed to making changes, but it was decided to have the El Paseo Merchants Association come up with a consensus and advise the Council, which he believed that process could still be played out without changing or waiving the current Ordinance. He said it wasn't like there was an emergency where signs had to be put out today. Mayor Spiegel called for the vote and the motion carried by a 3-2 vote (AYES: Hamik, Tanner, and Spiegel; NOES: Jonathan and Weber). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 XVII. PUBLIC HEARINGS A. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY PALM DESERT MUNICIPAL CODE CHAPTER 25 TO ALLOW BEEKEEPING IN SINGLE-FAMILY RESIDENTIAL ZONES WITH CERTAIN REGULATIONS, Case No. ZOA 16-40 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this was a continued discussion of a Beekeeping Ordinance that was previously before the Council, and today staff was recommending a Zoning Ordinance Amendment. He said honeybees are in serious declined; in the 1940's there were about 5.7 million colonies and today there is approximately 2.74 million. These negative impacts threaten agriculture production, especially in the Coachella Valley. The decline is a threat to the natural habitat and increases the possibility of Africanized honeybees. In response to the decline, the Obama Administration created the Pollinator Health Task Force who established a national strategy to increase pollinators, and honeybees were the main focus, including the Monarch Butterfly. Therefore, a lot of cities in California responded by creating Ordinances, like Santa Barbara County, San Diego County, cites of Santa Monica, Los Angeles, etc. He and the subcommittee worked on Palm Desert's ordinance, and they obtained the best aspects of other cities' ordinances. Based on the information obtained, the committed moved forward with what Palm Desert's current zoning allowed. Today in the RE Zone and Hillside Residential Zone, eight (8) bee hives are allowed, but no standards are mentioned. The subcommittee met in November 16, 2015, and recommended moving forward with a Zoning Ordinance Amendment to allow them on R1-Single Family Lots and create some standards. The City Council provided direction and initiated that Zoning Ordinance Amendment. Therefore, in lots less than 20,000 square feet, are two (2) hives are allowed, and in lots larger than 20,000 square feet, four (4) hives would be allowed. He said all hives would have to be a minimum of five feet from each property line, and the front of the hive has to face into the interior of the property, so that the natural flight path of the bees is maintained on private property. However, ultimately bees will travel potentially outside of the property for food and water, but this will at least keep the natural flight path into the property owner who is doing the beekeeping. Property owners are required to have a six-foot high fencing or wall around the property in R1 Zones. It also requires a water source at all times, which is one of the main reasons bees travel around seeking water sources. Staff presented these recommendations to the Planning Commission, however, they made some recommended changes, which are highlighted in the Ordinance in red. He explained the Council is allowed to agree with the Planning Commission's recommendations or make any modifications or deletions. The Planning Commission recommendations are 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 as follows: 1) Provide a formal neighbor notification about the beekeeping, but not making this a permit process; 2) removal of the re -queening process, which is to be done every two years. One Commissioners believed it would be a very small niche of people doing this as a hobby and anyone in this field would have the experience to know that the hive was getting aggressive and would re -queen on their own; 3) increase the number of hives that would be allowed on the hillside. For example, a five -acre lot on the hillside would be allowed to have eight (8) hives. Additionally, staff made its own recommendation of not requiring a six-foot fence on the hillside, because on five -acre Tots, the fencing would stand out. He offered to answer any questions. Councilman Tanner stated he didn't know anything about beekeeping, however, he questioned why re -queening was necessary and why was staff recommending that the two-year minimum requirement be removed. Mr. Bagato explained that the longer a queen was in place, the possibility of a hive becoming aggressive was high due to an aging queen. He noted the subcommittee wanted to include the requirement of re -queening to minimize the potential for swarming. Further responding, he said from his discussions with a local beekeeper, who is very experienced, he will re -queen when the hive is tuming aggressively, but they don't do it every two years. The tricky part is that there might be people doing this for the first time, so including the re -queening requirement was a safeguard from an inexperienced beekeeper. He reiterated that the subcommittee recommended re -queening every two years, following the standard of other cities like Santa Monica, but the Planning Commission made the recommendation to remove it. Councilmember Weber stated she was not in favor of including the re -queening rule, because then the City would have to enforce it, stating Code Enforcement had enough to do without having to worry about who has re -queened the hives. She went on to say there is a nuisance clause that if there are problems, Code can take care of it at that point. Mr. Bagato stated that if Council approves the Ordinance as presented, the re -queen rule can be removed in the final motion. Mayor Pro Tem Harnik shared she was part of the subcommittee and listened to the people who had apiaries, and they were very clear about the importance of re -queening and not taking that chance. Also, she tends to lean toward prevention rather than looking at remediation at a later time; therefore, she will not support the removal of the re -queening requirement. She asked about what the notification to the neighbor would look like. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 Responding to question about the notification to the neighbor, Mr. Bagato said the draft Ordinance includes language that encourages the beekeeper to notify their neighbor. He said it wouldn't be a permit process where one has to come to City Hall for approval. The Ordinance was more of a guideline of how to operate, and if someone is operating outside the requirements or causing a nuisance, Code can inspect. The Ordinance also asks that beekeepers maintain records. Mayor Pro Tem Hamik asked about the thinking behind changing the number of hives allowed where there are more than five acres. Mr. Bagato replied that one of the Planning Commissioner's felt that in a five -acre lot more hives could be allowed. Further responding, he said he wasn't aware of any of the Planning Commissioners having beekeeping experience. Mayor Pro Tem Hamik said the subcommittee spoke to a lot of beekeepers who seemed well versed in what they were doing, and she didn't want to negate all their input. Therefore, she was in favor of keeping the re -queening requirement and saw the notification to the neighbor as a good idea. Councilman Jonathan stated that he and Mayor Pro Tem Harnik were privileged to sit on the subcommittee and believed they both leamed a lot. Further, he grew more and more passionate about the subject, because there are so many benefits. Not only can one create their own honey, the main benefit to society is increasing the pollination capacity, which is a major issue in the world. In the process of learning about it, the approach was to provide guidelines for best practices rather than creating a permit process and a layer of government to administer. In that regard, the re -queening requirement is a standard, because failure to do so, in terms of best practices, can result in swarming and other issues. He recognizes that no one will know if re -queening is happening every two years, but if there's a problem where someone failed to follow the guidelines, by having the language in the Ordinance, the City will have the ability to act and remove the right to have the apiaries. With respect to the neighbor notification, he didn't think it was needed and it was okay to not include it, although he couldn't find the language anywhere in the Ordinance. However, if Council wished to leave it, he would use the term "encouraged" rather than "required." He believed the Ordinance will operate by default, because if there's a problem, someone will complain to the City and then have to deal with it. He said that the expert beekeepers, the City was lucky to have on the subcommittee, indicated that a hobbyist will not want or need more than four beehives, but he was open to modifying if someone came in asking for more if they are on a five -acre lot. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 Councilmember Weber agreed with the statement that people didn't need more government involvement and telling everybody what they should be doing, because it's already covered under the nuisance clause that states, "You will be a public nuisance if the colonies of bees swarm." While she agreed with the comment about being preventive, the Council was not here to get involved in everybody's business. She said there are hobbyists that say this is good practice, but the City didn't need to say it will run around and investigate this, because someone may not be complying with best practices. Additionally, the Ordinance didn't need to specify that the City will be checking to see if beekeepers are re -queening according to someone else's thought it having to be done every two years. Even though that might be accurate information, she didn't think it was needed when there is a nuisance clause. Councilman Jonathan said he understood and shared Councilmember Weber's approach, in that the City didn't need to get into people's business, but the re -queening requirement is one of several standards that is being set forth so that people understand the expectations. He wasn't suggesting that Code go out and regulate or check, but it would be helpful for people who want to do it, stating the Ordinance can be used as a guide. Councilmember Weber stated she needed further clarification, in that if this was a hobby, then why would the Council want to control it. She could understand if it was a business where definite procedures would be needed. Councilman Jonathan explained that his comments were his perspective and not an attempt to persuade her, because he respected her point of view as well. He said he viewed this Ordinance as setting forth a guideline the City wants followed by beekeepers, and by following it, he hoped it will result in being a good neighbor. Mayor Pro Tem Hamik said she didn't recall reading that this Ordinance was just for hobbyists, because there was discussion about what to do when it does become a business. She said the Ordinance was for anyone who chooses to have a beehive. Mr. Bagato agreed, stating that Califomia law allows what is called "Food Cottages" as a home -based business. He said honey can't be sold as a home -base business in Califomia, so there is that potential that it can tum into a commercial aspect as well. Councilmember Weber pointed out that the Ordinance didn't use the word guidelines, it states "high management requirements," and requirements meant enforcement, and enforcement meant govemment involvement. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 Therefore, she couldn't understand why there would involvement on a hobby. Mayor Spiegel stated that from his stand point, he wants to neighbors on either side had beehives, because he didn't by a bee. Mayor Spiegel declared the public hearing open and invited FAVORING or OPPOSING this matter. be government know if any of his want to be stung public testimony DR. DAN OLESNICKY thanked the Council for including him on the subcommittee, stating he was a physician, a volunteer police officer, and assigned to the SWAT team as well. He explained that he would normally be dressed differently, but he had just come from a SWAT callout. With respect to beekeeping, he explained that re -queening is a good practice that many municipalities adopted, and it's what beekeepers do to increase the quality of what the queens are doing. Therefore, beekeepers who know what they're doing will re -queen on a regular basis, which is when the queen is not efficient, and this averages to about every two years. He added that swarming is managed by going into the hive and looking at the crowing situation. He said these are animals that need to be managed, so if there is no room in the hive and the bees are crowded, the natural process is that they swarm, split and find a log somewhere where they can live. He said management of the hive is important, which is why the nuisance clause was put in. He went on to say there are typically two major honey flows in the year here in the Desert, which is when there is the greatest pollen in the air. He said the queen will lay more eggs during a honey flow and the hive population will expand, and when it's particularly cold, it will drop in size. He said the hive naturally will expand and contract twice a year here in the Desert, but beekeepers need to go in and manage this process. One of the reasons there was discussion on limiting the number of hives, is to avoid having people be overwhelmed and not be able to manage them. He said he was one of the committee members who agreed to limiting the number of hives, because the key thing was management. He added that the Ordinance included guidelines that encouraged people to manage the hives and the benefit was honey, but what is more important, the pollination is roughly a one -square mile around the hives. He thanked the Council for looking at this issue and bringing it to this point. One suggestion he offered is that if a person demonstrated proficiency in managing four hives, they could ask permission to have more on five acres. Councilman Jonathan thanked Dr. Olesnicky for his contribution to the committee, because his experience and expertise were invaluable. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Jonathan moved to waive further reading and pass Ordinance No. 1304 to second reading, amending Palm Desert Municipal Code Chapter 25, allowing beekeeping in single-family residential zones with certain regulations as amended to include the re -queening requirement, allow for four hives on five -acre lots, and delete the requirement of notification to adjacent neighbors. Motion was seconded by Harnik. Mayor Pro Tem Hamik suggested including the National Strategies to Promote the Health of Honey Bees and other Pollinators document with the Ordinance. Mr. Bagato offered to put the information on the Website, because the document was fairly large. Mayor Spiegel called for the vote and the motion carried on a 4-1 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: Spiegel). Councilman Jonathan thanked Mr. Bagato for the hard work and good work he did on the subcommittee, including getting bitten or stung for the cause. He said he appreciated Mr. Bagato shepherding this Ordinance through. Mayor Spiegel called attention to the fact that Mr. Bagato was leaving the City to move to the mid -west, stating he is a great employee and sorry to see him go, and wished him good luck. The City Council and those in attendance gave Tony a round of applause. Mr. Bagato said it had been an honor to work for the City of Palm Desert. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meetina Summaries for the Period of February 29 - March 11, 2016. Mr. Acosta noted the printed report provided with the agenda packets. With City Council concurrence, the Meeting Summaries were received and filed. 2. Farewell to Principal Planner Tony Bagato. In addition to the Mayor's comments made above under Section XVII - Public Hearings, Item A, Mr. Acosta noted that he regretfully wished Mr. Bagato well in his future endeavors back in the Midwest. He related that Tony started with the City in 2001, entering as a Planning Technician, and the quality of his work product and 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 dedication to his work allowed him to promote to Associate Planner, and finally the current position of Principal Planner that he was leaving after 15 years with Palm Desert. His last day was tomorrow, March 25, and he will be packing up his belongings and family and relocating to Fishers, Indiana, near and dear to him with its proximity to his hometown of Chicago, Illinois. Mr. Acosta thanked Tony for his good work and wish him all the best. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Lt. Baur was pleased to announce that Officers Whitley (present) and Joshua Robertson (unable to be present today) will be receiving a Department Award for lifesaving measures from the Riverside County Sheriffs Department on April 13. He reported the event that occurred on March 25, 2015, involved Officers Whitley and Robertson, who were both on duty on their motor units and summoned to assist a 71-year-old male that was down and unresponsive. Through their efforts, providing four minutes of exhaustive two -man CPR, they were able to revive him, and he was transported by ambulance to the hospital and is alive today because of their efforts. Councilmembers congratulated Officer Whitley. Lt. Baur reiterated that Officer Robertson was unable to be present today, but he would invite him to a future Council Meeting for such recognition. He added that Officer Robertson had a second episode of CPR, which, unfortunately, did not prove to be successful. He went on to say the City's Motor Program is essential in providing first response to the scene and life-saving measures, and thanked City Council for its continued support of the Program. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 In answer to Councilman Jonathan's inquiry, Lt. Baur confirmed that there was a recent occurrence where two deputies assisted a couple that was stranded at a restaurant, with one of the officers then driving the couple to their home in Idyllwild and buying them dinner. He added that it was also a Motor Officer involved, and he drove the couple home on his own time afterwards. Councilman Jonathan was overwhelmed by this generosity and spoke so highly of the Riverside County Sheriff's Department and of the community here. He asked that Lt. Baur provide special thanks to the officers on behalf of the City Council. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meetinca Summaries Report for the Period of March 7 - 19, 2016. Councilmember Weber commented that she participated in the recent "Coffee With a Cop" with Councilman Tanner. She said these events have tumed out to be a really valuable source for connecting the community with public safety. The most recent one at Palm Desert Country Club was very well -organized and tumed out particularly well. She really liked this outreach, appreciated the officers taking the time to participate, including both Lt. Baur and Sgt. Adams who were there. With City Council concurrence, Councilmember Weber's Meeting Summaries were received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reauests/Reports/Comments — - CVAG Homelessness Committee - Held a workshop to address impacts of the homeless on the community, and it was fantastic, thanking Councilman Tanner for participating, Code Compliance Supervisor Pedro Rodriguez, Lt. Baur and Capt. Sue Trevino from the Police Department, along with Lt. David Kondrit. The other nine cities and the County were also well represented, and it was very productive. Hoping it would translate into a regional plan and solution that will be shared with his colleagues at the appropriate time. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 - Planning Commission Vacancy - Noted that as directed, staff had advertised the opening in February with a deadline of the 26t. Have heard from a couple of applicants who were asking about the status of their applications. Mayor Spiegel concurred this needed attention, it will be scheduled and Councilmembers notified of same. - Palm Desert Youth SDorts Association (PDYSA) - Normally receives $3,000 from the City to partially cover the expenses of Opening Day Ceremonies, but this year they were late with their request; it's now being processed. Hoping that the City can make an exception, along with repeating the customary practice of granting the funding. They have also asked, and the City normally provides, $2,000 - $3,000 toward the Closing Day Ceremony, and he hoped this would again be authorized. Mayor Spiegel asked Mr. Acosta to look into these requests, and he replied that it can be placed on the next meeting's agenda. b) Mayor Pro Tem Jan C. Hamik Requests/Reports/Comments — - Southern Califomia Association of Govemments - Meeting this morning that she didn't attend in order to be at today's Study Session and Council Meeting, where they adopted the Regional Transportation Plan for all of Southern California, as well as the Sustainable Community Strategy. Have been working on these for a year, and it impacts Palm Desert and Riverside County, as well as five other Counties. - Senior Inspiration Awards - Friday. March 25 - Noted that last year's recipient, one of the COPS, was in attendance this aftemoon and had volunteered a significant amount of time. She thanked him for everything he does. Mary Helen Kelly would be honored tomorrow, and she hoped everyone would be there to celebrate everything she does for the City and community and has for so long. c) Mayor Robert A. Spiegel Requests/Reports/Comments — - SunLine Transit Agency - Informed him that the City is receiving four new covered bus stops; it's not nearly enough, so taking a look at those actively used and seeing how much it would cost to supply those stops for consideration by the Council. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2016 - El Paseo Business Improvement District Board Liaison - Asked Mr. Acosta to agendize selection of a liaison to the Board, preferably at the April 14 meeting, and to let the Board know this was coming. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjoumed the meeting at 5:18 p.m. ATTEST: RANI LLE D. KLASSEN, GI-(Y CLER CITY OF PALM DESERT, CALIFORNIA ROBERT A. S L,, (OR 24