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HomeMy WebLinkAboutPrelim - CC - 03-28-2013 DRAFT �_ PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 28, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Robert A. Spiegel Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Jan C. Harnik Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer 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 Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that the agendas for today's City Council and Successor Agency Meetings had been posted in accordance with the Ralph M. Brown Act. 111. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 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 With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:01 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- Councilman Robert A. Spiegel VII. INVOCATION - Councilman Van G. Tanner VII1. ORAL COMMUNICATIONS - B MS. TERI BONA and MS. SANITA PERSAD (sp?), representing Family YMCA of the Desert, came before the Council today to express appreciation for the opportunity to provide a community event this weekend, free to all children of the Coachella Valley. It's the Healthy Kids Day and Easter Egg Hunt on Saturday, March 30, at 9:00 a.m. in Civic Center Park, and they invited all to attend - but she cautioned that everyone should be on time, because the kids are really fast egg- finders! They presented the first set of eggs for the event to Councilmembers for their enjoyment and celebration. Additionally, on Sunday, March 31, at 2:00 p.m., they would be holding an Underwater Easter Egg Hunt at the Palm Desert Aquatic Center, and she invited all to join them there too. The Family YMCA is honored to be part of Civic Center Park. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2013 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. On behaif of the City Council, Mayor Harnik presented the proclamation to Ms. Brianna Miller on behalf of the Riverside County Department of Mental Health and Prevent Child Abuse Riverside County (PCARC). Ms. Miller commented that PCARC is the lead agency to coordinate efforts throughout Riverside County toward the prevention and elimination of child abuse. She thanked Mayor Harnik for recognition of the month-long campaign, "Child Abuse Prevention Month," noting that although the issue is very prominent, it is preventable when people start talking about it and their awareness is raised. She presented a supply of Blue Ribbon pins for everyone to wear and provide a reminder of this important campaign. She explained that the Blue Ribbon Campaign was initiated by a grandmother after losing her grandson at the hands of an abuser in 1989, and she tied a blue ribbon to her van to help remember him and raise awareness for preventing future losses like hers. Ms. Miller provided some statistics about boys and girls, citing that by the age of 18, one out of every three girls and one out of every four boys has been sexually abused. In early March this year, the annual "It Happens To Boys" event was held locally, to help raise awareness of that aspect of abuse, which is often not discussed as readily. She went on to say that this year's PCARC campaign is focusing on the prevention of bullying that has become a huge problem in our communities, schools, and on the Internet, and she left a posterforthis campaign with the City. On April 17 they would be holding a conference, "Shattering The Silence,"being held at the Salvation Army, Cathedral City,with speakers and survivors of abuse being featured, including the founder of Christopher's Clubhouse. Lastly, she said PCARC Meetings are open to the public, held at the RAP (Regional Access Project) Foundation on the second Tuesday each month at 11:30 a.m. Mayor Harnik thanked Ms. Miller and noted that the City's Youth Committee is also working on a bullying prevention project, and she asked if they could get one of the posters. Ms. Miller gladly agreed and invited Youth Committee representatives to make a presentation at a future PCARC Meeting. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 B. PRESENTATION OF PALM DESERT ENERGY PARTNERSHIP SUMMARY OF RESULTS - FINAL 2012. Mr. Alvarez acknowledged that several members from the Palm Desert Energy Partnership were in attendance today, including those who will speak next: Craig Perkins, President and Executive Director of the Energy Coalition, Michael DeSousa, Southern California Edison Project Manager, and Eric Bornstein, the Partnership's Project Manager with the Energy Coalition. After their presentations, the Mayor would be asked to come to the podium for receipt of a plaque and a Certificate of Appreciation for the entire City CounciL MR. CRAIG PERKINS, President and Executive Director of the Energy Coalition, remarked that he was the only person here today who was also in the room nearly eight years ago when the Estonia Protocol was signed, predecessor to the Palm Desert Project, by a couple of former City Councilmembers and former City Manager Carlos Ortega. He went on to say today was a very auspicious occasion to celebrate the success of this precedent-setting pilot project,which truly reflects a partnership between the City of Palm Desert, Southern California Edison, and Southern California Gas Company in its most powerful form. The Palm Desert Project was supported by the Public Utilities Commission with substantial funding over the past number of years and represents what was really an ambitious, audacious, and aspirational set of goals and targets by the City. If not for the leadership shown by the City and his predecessor and founder of the Energy Coalition, John Phillips, no other California city would have done something so far-reaching. He hoped the City was justly proud of this moment, with the understanding that one of the resulting burdens was the requirement that it continue to lead and show the way both for the Coachella Valley and the rest of California, because there were cities and counties here that needed to emulate what Palm Desert has done here over the last several years. MR. MICHAEL DESOUSA, Southern California Edison Project Manager, highlighted the objectives and provided more detail about the program. He said there was really one big, very ambitious objective set by the Partnership and the City — to achieve an energy savings of 30% over six years from 2005 levels. Innovative ways had to be developed to reach the community for engagement and participation; and in creating innovative programs and ways to reach out to the public, they were also looking for winning programs that could be replicated throughout Edison territory and California. The Program contained five elements: — "Set To Save" brand that any resident or business with some involvement in the program has seen in various ways, as a way of communicating all the options available for energy efficiency. This included some of Edison's core 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 programs that then used this brand to represent the Partnership for some additional local public validation. — "One-Stop-Sho�" Pool Pump Program was a way to implement convenience for residents who may not have realized that they could save a lot of energy and money by upgrading their pool pump. This utilized an instant rebate approach, and rather than having to shop around for contractors, residents were given an 800 number to call for a single appointment to get this done. It was very successful and will likely be replicated in other parts of Edison territory. —LED Pool Lights were an innovative technology piloted in Palm Desert that are now becoming mainstream and available with Edison's rebates. The Partnership started with these at a couple of Palm Desert resorts, and it turned out that not only do they save a lot of energy, but they also look great with an appealing blue, inviting glow in the swimming pools and are catching on very well. —Palm Desert Commercial Strateaies commenced when it was realized that mid-size businesses in Palm Desert needed to be engaged, and a program was developed similar to that of the "One-Stop-Shop" for pool pumps. This gave businesses the ability to realize huge energy savings with a very small investment; a great deal of energy savings in the final year of the Partnership are attributed to this program. - Residential Energy Efficiency Upgrade where the Partnership set out with an aspirational goal of giving every Palm Desert resident an Energy Efficiency Survey, thereby educating them about what they could do and giving some specific recommendations. The Partnership was able to get to at least half of the single-family residences in the City, which was a significant achievement. MR. ERIC BORNSTEIN, Project Manager, Energy Coalition, reported on the tactics that were utilized in order to achieve the strategies — using messaging by locals, who already had a level of credibility with the audience through the Partnership with the City itself, and any other local establishments that could be reached. He said this amounted to going to the businesses and putting up a decal indicating that they were "Set To Save," which lead to going to the homes and having them then say they were also "Set To Save" and asking if their neighbors were as well. This worked well to amplifythe message,and the team endeavored to contact every individual home that they could and talk with each individual about how they can save money and energy in their own homes. The Partnership reached back to people who'd had previous surveys done or pool pumps installed and cross- checked against all the available options, making sure everyone was aware of the different ways they could achieve savings and also went back to things they were interested in changing in a prior contact to see if they were ready to make those changes in their homes. With enhancements to the programs and rebates along the way, different levels of assistance became available as time went by, and it was a very effective approach. Specifically in the last 5 PRELIMINARY MINUTES DRAFT REGULQR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 year of the program, they utilized a more targeted outreach, utilizing homeowners associations(HOAs),schools, pool owners, and the hospitality resources as the local public validators (i.e., decals seen in businesses), definitely utilizing HOAs to talk about benefits of home energy savings. He said schools were a particularly great resource, providing about 30% of the home energy surveys in the last six months of the program, which will hopefully be replicated elsewhere. MR. DESOUSA emphasized achievements of the program: • More than 5,000 homes were surveyed (nearly 50%of single-family homes in Palm Desert). That equaled roughly half of the community being very well educated about energy efficiency, which is what helped achieve a huge amount of energy savings. • More than 1,500 pool pumps were upgraded - about 25% of all the pools in Palm Desert, and this is just what went through the Partnership Program, some people likely did this without going through the rebate process. • More than $30 million were invested from Southern California Edison in rebates and incentives paid to the community over the course of six years to help residents do these energy upgrades. •There were 124 million kilowatt hours of total energy savings over six years, which represents 17.4% of the City's 2005 energy usage. Therefore, while 30% was an aspirational goal, the City was able to achieve 17.4%, which is a big number, and very few cities have been able to get anywhere close in Edison territory. In environmental terms, it equates to removing 18,000 vehicles from the road or 200,000 barrels of oil consumed. Lastly, he congratulated and thanked the City for providing outstanding community leadership in this Partnership, and he congratulated the City on joining the Desert Cities Partnership going forward with the other cities in the area. Partnership representatives then assembled as a group to present Mayor Harnik with a Certificate of Achievement for the City of Palm Desert and a representative check in the amount of investment for the City, totaling $30,029,736. On behalf of the City Council and the entire Palm Desert team, which had the vision and ability to stay the course and obtain this achievement, Mayor Harnik graciously accepted the recognition and thanked everyone who contributed to this success, adding that it meant a great deal to the community of Palm Desert and the entire region. With City council concurrence, the report was received and filed. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 C. REQUEST FOR ACCEPTANCE OF RE5IGNATION FROM M. CONNOR LIMONT AND DISCUSSION AND ACTION REGARDING RESULTING VACANCY ON THE PLANNING COMMISSION (TERM DECEMBER 31, 2014). Councilman Tanner moved to, receive Ms. Limont's resignation with very sincere regret. Motion was seconded by Spiegel and carried by 5-0 vote. Councilman Tanner said in reviewing how the City Council can handle the resulting vacancy, he noted that at this meeting an individual could be appointed to fill the unexpired term. He observed that several people were interviewed during the all-day session in late January for his Planning Commission vacancy after being elected to City Council. Two or three applicants reatly stood out, one of them being Sustainability Committee Member John Greenwood, and he wished to nominate him for this Planning Commission vacancy, hoping his colleagues would concur. Councilman Tanner moved to appoint John Greenwood to M. Connor Limont's vacancy on the Planning Commission with a term ending December 31,2014. Motion was seconded by Spiegel and carried by 5-0 vote. Councilmembers congratulated John Greenwood, who was in the audience this afternoon. Mayor Harnik added that he was born and raised here, a graduate of Palm Desert High School, and she knew he'd bring a lot to the Planning Commission. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 14, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 167, 180, 183, and 184. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Buffalo Wild Wings, 72920 Highway 111, Palm Desert. Rec: Receive and file. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stone Eagle Golf Club, 48099 Highway 74, Palm Desert. Rec: Receive and file. E. PUBLIC SAFETY COMMISSION MINUTES forthe Meeting of February 12, 2013. Rec: Receive and file. F. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2012. Rec: Receive and file. G. REQUEST FOR APPROVAL of the 2013 Palm Desert ATHENA Scholarship Award Agreement Between City of Palm Desert and CSUSB Philanthropic Foundation (Contract No. C24307A). Rec: By Minute Motion: 1) Approve an agreement between City of Palm Desert and CSUSB Philanthropic Foundation to establish the 2013 Palm Desert ATHENA Scholarship Fund; 2) authorize the City Manager to sign said agreement on behalf of the City. H. REQUEST FOR AUTHORIZATION to Continue Monthly Maintenance Costs Through August 1, 2013, Associated with Various Maintenance Vendors at the Police Substation Located af 73-520 Fred Waring Drive. Rec: By Minute Motion, approve continuing monthly maintenance costs through August 1, 2013, associated with services provided by Wurms Janitorial, Aqua Serv, and ThyssenKrupp Elevator at the Police Substation located at 73-520 Fred Waring Drive—funds forthe maintenance costs are currently available in Account No. 510-4195-495-3695. I. REQUEST FOR RATIFICATION of a Lease Agreement Extension Between the City of Indian Wells and the City of Palm Desert for Palm Desert Medic Unit No. 255 at Indian Wells Fire Station No. 55 (Contract No. C29100). Rec: By Minute Motion, ratify approval of a Lease Agreement Extension between the City of Indian Wells and the City of Palm Desert for Medic Unit No. 255 at Indian Wells Fire Station No. 55. 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 J. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No.C31980 — EI Paseo Business Improvement District Advertising Services. Rec: By Minute Motion, approve Amendment No. 1 in the amount of $30,000 to the subject contract with FG Creative, Palm Desert, California —funds are available in Account No. 271-4491-464-3215. K. CONSIDERATION of Palm Desert Legislative Review Committee's Recommendation to Provide Letters of Opposition and Support to Various Proposed Legislation. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and send a letter of: 1) Opposition for SB 7 (Steinberg) - Prevailing Wage; 2) support for AB 147 (Perez) - Quantification Settlement Agreement; 3)support forAB 148(Perez)- Salton Sea; 4) support for AB 158 (Levine)- Plastic Bags; 5) support for AB 265 (Gatto) - Dog Parks; 6) support for SB 21 (Roth) - UGR Medical School. Upon a motion by Spiegel, second by Benson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XI1. RESOLUTIONS None XI11. ORDINANCES A. For Introduction: None 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 B. For Adoption: 1. ORDINANCE NO. 1254-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 11.01.080 - PARKS, PROHIBITED CONDUCT GENERALLY - AS RELATED TO FEEDING OF WILD OR DOMESTIC BIRDS AND/OR WATERFOWL IN CITY PARKS. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1254. Motion was seconded by Tanner and carried by a 4-1 vote, with Weber voting NO. 2. ORDINANCE NO. 1255-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 875) RELATIVE TO THE PUBLIC SAFETY COMMISSION (MEMBERSHIP). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1255. Motion was seconded by Weber and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PAYMENT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER IN THE AMOUNT OF $103,000. Mayor Pro Tem Benson moved to, by Minute Motion, approve payment to CVAG in the amount of $103,000 for the operation of Roy's Desert Resource Center for Fiscal Year 2013-2014 — funds are being set aside as part of the FY 2013-2014 Budget, no additional impact to the General Fund. Motion was seconded by Tanner and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION FOR MAYOR TO EXECUTE A GRANT DEED AND A GRANT OF EASEMENT TO COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE FREEDOM PARK WELL SITE. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute a Grant Deed and a Grant of Easement to CVWD for the Freedom Park Well Site - there is no fiscal impact associated with this action. Motion was seconded by Tanner and carried by a 5-0 vote. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 C. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CONSTRUCTION OF THE MONTEREY AVENUE AND FRED WARING DRIVE IMPROVEMENT PROJECT (CONTRACT NO. C29780A, PROJECT NO. 656-06). Mr. Greenwood stated construction for this project will start on June 3`� and completed by September 3rd. Councilman Spiegel moved to, by Minute Motion, authorize staff to advertise and solicit bids from qualified contractors for Construction of the Monterey Avenue and Fred Waring Drive Improvement Project — project estimated at $2.9 million, and funding is available in Measure "A" Funds Account No. 213-4383-433-4001 and Drainage Facility Account No. 232-4383-433-4001 - no General Fund money is being used for this expenditure. Motion was seconded by Tanner and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF EXTENSION OF CONTRACT WITH D. W. NICHOLSON, LLC, D.B.A. DESERT BUILDING SERVICES, TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX ONE ADDITIONAL YEAR IN THE AMOUNT OF $73,020 (CONTRACT NO. C22169). Councilman Spiegel asked if this contract was for the same dollar amount as last year. Mr. Gibson responded it was an improvement, because the company was picking up John Benoit's office as part of last year's price tag, which was an additional cost the City picked up during the year. Therefore, this contract was cheaper. Councilman Spiegel moved to, by Minute Motion, approve extension of the subject contract with D. W, Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, to perForm janitorial services at the City of Palm Desert Parkview Office Complex for one additional year in the amount of $73,020, and authorize the Mayor to execute same — funds are available in Fund 510 (100% of the cost of this contract is allocated to each space at the Parkview Office Complex and recovered through lease payments from all tenants-no appropriation is required). Motion was seconded by Benson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO AToM ENGINEERING CONSTRUCTION, INC., IN THE AMOUNT OF $60,398 FOR CONSTRUCTION OF A LEFT-TURN POCKET ON MAGNESIA FALLS DRIVE AT THE PALM DESERT AQUATIC CENTER DRIVEWAY (CONTRACT NO. C32550, PROJECT NO. 622-13). Councilman Tanner asked when the project was expected to start. Mr. Greenwood responded the project should start 30 days from award of contract, so that would make it the end of April, followed by a 60-day construction period. Councilman Spiegel asked if it will interrupt traffic on Magnesia Falls Drive. Mr. Greenwood explained that lanes are not expected to be closed, because traffic will be pushed to the sides encroaching into the bike lanes on and off; therefore, traffic will flow at that crossing. Mayor Harnik noted the staff report indicated the work should be complete in 30 days, which was good news, stating that it could possibly be done before the height of the summer traffic. Mr. Greenwood agreed, stating that was the goal. Councilman Spiegel moved to, by Minute Motion: 1)Award subject contractto AToM Engineering Construction, Inc., Hemet, California, in the amount of $60,398 for Construction of the Left-turn Pocket on Magnesia Falls Drive at the Aquatic Center Driveway; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of$6,039.80; 3)appropriate$66,437.80 from Unobligated Fund 400 to Account No. 400-4549-454-4001 forthe project; 4)authorize the Mayorto execute said contract — funding is available in Aquatic Center Capital Improvements Account No. 400-4549-454-4001. Motion was seconded by Tanner and carried by a 5-0 vote. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCiL MEETING MARCH 28, 2013 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE,CHAPTER 5.87-MASSAGE ESTABLISHMENTS AND MASSAGISTS, CHAPTER 5.90 - MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES, LICENSES, AND REGULATIONS, AND TO TITLE 25- ZONING, REGARDING MASSAGE BUSINESS ZONING AND LAND USE RESTRICTIONS (Continued from the meeting of March 14, 2013). Councilman Spiegel recused himself from this item and left the Council Chamber. Mayor Harnik stated the Public Hearing was continued from the meeting of March 14, 2013, where the Public Hearing was left �en. Assistant Planner Kevin Swartz stated the amendments to the Municipal Code are to ensure the City's compliance with provisions of Senate Bill (SB) 731, Assembly Bill (AB) 619, and SB 1238 regarding massage practitioners and massage businesses. The new legislation has largely reduced local governments' authority in licensing, permitting, and zoning due to the creation in 2009 of the California Massage Therapy Council (CAMTC). He said CAMTC is charged with the education standards, certification process, and enforcement. Local Governments'must regulate massage professionals and businesses the same as any business providing professional services. The main changes to the proposed Ordinance are: 1) All massage practitioners must be State Certified. The certification cost is $150 to the State, and the certificate is good for two years; 2) all massage therapists have one yearfrom adoption of this Ordinance to become State Certified;the process takes three to six months; 3) owners of a massage business must obtain a City business license annually and list all their licensed therapists; 4)owner/owners who do not perForm massages, but owns 5%or more of the business, must obtain a certificate of registration through the City. This certificate requires a background check and is good for two years; 5) all massage therapists must also obtain a certificate of registration through the City. There is no fee for this certificate since a massage therapist is State licensed. He went on to say the massage establishmenst procedures for legal operation of massage businesses,enforcement, health and safety, and penalties for violations of the Ordinance are also addressed. The Zoning Code must also be amended in order to comply with AB 619. As an example, certified massage businesses must be added as a Conditional Use Permit (CUP)to the agricultural and public institution zones, because other "professional services" are allowed by a CUP. He said staff met with two massage owners, which he believed their questions were addressed. He offered to answer any questions. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 Councilman Tanner noted he was still serving on the Planning Commission when this item when through the Planning Commission process. His concern is to ensure that local police force and code compliance had the rights and privileges to make any type of arrest or investigation. Mr. Swartz stated they did. Mayor Harnik noted this was State mandated due to an Assembly Bill. MS. HOLLY LASSAK stated she was the owner of the three Massage Envy franchises in the Coachella Valley. Her very first Massage Envy opening was in Palm Desert, which is located next to Bristol Farms on Monterey Avenue and Country Club Drive, stating it's been open since January 2006. She said Massage Envy is a national franchise company with more than 865 clinics, created and providing jobs for more than 60,000 massage therapists in the United States. She believed they have brought a real business model to something that has existed as a medical/therapy service for over 3,000 years, but didn't have a lot of parameters around it. She said Massage Envy supports SB 731, because it's a great way to provide a higher level of professionalism to massage therapists, knowing full well it will tie the hands of the local authorities. She is pleased with the proposed Ordinance, because she felt staff addressed it clearly. She said about 30% of her massage therapists have already moved to the California Massage Licensing, and she will ensure that the rest of them do so within the 12-month period of time, which she felt was a fair amount of time. She is also happy with the way the City structured the massage establishment license. Up to this point, she has applied every year for a business license, a massage establishment license, and has produced her list of employees, etc. She said that process will not change much, except she will now have to register rather than do a massage establishment license and providing basically the same information on who she is employing and their license numbers so that the City can verify their legitimacy. She said anything that brings legitimacy and professionalism to her business, she was 100% in favor. The only concern is that CAMTC has designated two different types of licenses, a massage practitioner and massage therapist. A massage practitioner is only required to have done 250 hours of education, and a massage therapist has to complete 500 hours; the City previously required 500 hours. She personally has the ability to decide what she wants for her business, and she requires 720 hours, because she wants to make sure she has truly trained people with experience in working on bodies and have confidence in their work. She wished there was some way to place more parameters around that requirement, because she felt that was a weak link. She believed someone with only 250 hours of education was probably not as serious about what they are doing, and that just left openings for things that people don't want to talk about. She thanked the Planning Department for their work on this matter, stating she was pleased and supports the proposed Ordinance. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 With no furthertestimony offered, Mayor Harnik declared the public hearing closed. Councilman Tanner asked if the City of Palm Desert could require something more than what the State mandated in response to Ms. Lassak's concern regarding the number of hours of education. Mr. Swartz said he didn't believe so, because the hours are specified in the Business and Professions Code Section 46.01, but he would defer to the City Attorney to answer the question. Mr. Hargreaves concurred, stating that under this program the State preempts anything done locally. Councilman Tanner stated Ms. Lassak's suggestion was well taken, but under the circumstances there wasn't a way to enforce additional hours. Mayor Harnik stated she appreciated the level of professionalism that Ms. Lassak was engaged in with her business. Councilman Tanner moved to waive further reading and pass Ordinance No. 1256 to second reading, approving amendments to the Palm Desert Municipal Code Title 5 - Business Taxes, Licenses, and Regulations, and Title 25 - Zoning in Chapter 5.87 - Establishments and Massagists, Chapter 5.90 - Massagists Permits, Chapter 25.10 - Agricultural District, and Chapter 25.38 - Public Institution District, regarding massage business zoning and land use restrictions. Motion was seconded by Weber and carried by a 4-0 vote, with Spiegel ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Citv Manager Meetinq Summaries for the Period of March 4 - 15, 2013. With City Council concurrence, the Summaries were received and filed. 2. Palm Desert Enerqy Partnershi� Mr. Wohlmuth extended personal appreciation to Director of Economic Development Martin Alvarez for his hard work in the Energy Partnership/"Set To Save" Program. He went on to relate that the Energy Program was started a number of years ago, but when he came on board in 2009, the City was right in the midst of the economic downturn. At that time, he'd asked Mr. Alvarez to do two jobs, and he'd done wonderFully with both over the past five years, 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 really keeping the City's Energy Program afloat during some pretty tough times, and he again expressed thanks for this good work. 3. Joslyn Center Executive Director Recruitment Mr. Wohlmuth noted that Councilmembers may have seen a copy of his letter that was delivered to the Center yesterday. It asked the Joslyn Board of Directors and President to look at their recruitment, since he'd received a letter from each of the Cove Commission Mayors, Mayor Hines of Rancho Mirage, Mayor Roche of Indian Wells, and Mayor Harnik, seeking assurance that recruitment for the Joslyn Center Executive Director is fair and impartial. He was aware that Councilmember Weber participated early on and had some concerns about the process, so the Cities were working with the Center to ensure a healthy recruitment. He offered to answer any questions. 4. RAP (Reaional Access Project) Settlement Agreement Mr. Wohlmuth stated that the City has worked out the arrangement with County of Riverside and State Department of Finance (DOF)on the RAP payment. Riverside County will be receiving the$2.7 million past due check for RAP that will be forwarded to RAP within two weeks. Mayor Harnik appreciated Mr.Wohlmuth's tenacity in this process and appreciated its positive conclusion. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of Joint Palm Desert City Council/Palm Desert Housing Authority Study Sessions to Review the Preliminary Fiscal Year 2013-2014 City Financial Plan. a) Wednesday, April 3, 2013 - 10:00 a.m. - Administrative Conference Room. b) Thursday, April 4, 2013 - 10:00 a.m. - Administrative Conference Room. Ms. Klassen called attention to this scheduling, and Councitmembers so noted. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 D. PUBLIC SAFETY 1. Fire Deqartment None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests for Action: a) Rosenberg's Rules of Order — Mayor Harnik noted that Robert's Rules of Order was a wonderFul system and was time-tested. However, she asked for indulgence in exploring Rosenberg's Rules of Order that she felt was more effective for City Council meetings. She had become aware of Rosenberg's Rules a few years ago at a League of California Cities event, and the more she found out about it, seemed to make more sense to her. Upon inquiry, she said it was a little more expeditious, which is something she'd like to explore in a comparison all the way through, reiterating that it was a little more effective for running a City Council Meeting than Robert's Rules. 2. Citv Council Consideration of Travel Requests and Reports: None 3. Citv Council Committee Reports: a) SunLine — Councilman Spiegel said he'd forwarded a copy of the information on a new bus stop that SunLine was going to be providing the Citywith free installation. He asked Mr. Greenwood to coordinate with Ms. Riddle regarding any need for a concrete pad for the installation. Ms. Riddle stated she'd previously spoken with SunLine representatives and was under the impression that they were doing all the infrastructure work, but she would double-check. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 4. City Council Comments: a) Fashion Week EI Paseo 2013 — Mayor Harnik noted the City had just completed the 10-day event that was great and getting better every year. There were also a lot of people participating in the Food & Wine Fest at the end of the week, and she commended Citizens on Patrol for the great job they did around the tent, keeping traffic and the public moving along safely. b) Youth Committee Blood Drive — Mayor Harnik commended the Youth Committee for their Blood Drive on Saturday, March 16. c) Shelter From The Storm Easter Baskets — Councilman Spiegel thanked City employees who participated in an activity of putting together several Easter Baskets for Shelter From The Storm clients - the kids would be thrilled. 5. Sugaested Items for Future City Council Meeting A�endas: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Tanner, and unanimous vote of the City Council, Mayor Harnik adjourned the meeting at 4:51 p.m. JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 18