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CITY OF PALM DESERT
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CITIZENS' SUSTAINABILITY COMITTEEE
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MINUTES
. • WEDNESDAY, MARCH 20, 2013 — 10:15 A.M.
ADMININSTRATIVE CONFERENCE ROOM
73-510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER
Vice Chair Robert Leo called the meeting to order at 10:23 a.m.
II. ROLL CALL
Present: Absent:
Member Tommy Edwards Member Bruce Kassler
Member Eric Freed Member Luke Taylor
Member Gregory Gritters Member Cleve Langford
MemberJohn Greenwood C�TyrnUNCILACTION
Member Dean Gatons AI�PROVEp_ ,prNIF,D
Member David Koller RFCI;NED � �)THER
Member David Mourhess
Member Susan Rosenberg 1�trr;�rr�c nATF S-_ y-�„i:�
Member Ralph Raya �vF;�: P�e.�1 _ � �n,v�,./ T_T a.�ne� t,l�t,,l,� �t���- `
Chair Robert Leo Nors:��ne.
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Also Present: A��s7���;�i:�1 a� �,
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Van Tanner, Councilmember Original on F��e with City C'1cr•k's t��e
Susan Marie Weber, Councilmember at 10:44 a.m.
John Wohlmuth, City Manager
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic Development
Missy Nale, Assistant Planner
Lisa Ream, Recycling Technician
Monica O'Reilly, Recording Secretary
III. ORAL COMMUNICATIONS
New members to the Citizens' Sustainability Committee, Tommy Edwards and
Gregory Gritters introduced themselves to the Committee.
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CITIZENS' SUSTAINABILITY COMMITTEE MARCH 20, 2013
IV. CONSENT CALENDAR
A. MINUTES of the Citizens' Sustainability Committee meeting of August 8,
2012.
Rec: Approve as presented.
Member David Koller noted he was present at the last meeting, and his name was
not listed on the minutes.
Member Dean Gatons also noted his last name was misspelled on Pages 4 and 5.
Upon a motion by Greenwood, second by Gatons, and 10-0 vote of the Citizens'
Sustainability Committee, the Consent Calendar was approved as amended with
Members Kassler, Langford, and Taylor ABSENT.
V. CONSENT ITEMS HELD OVER
None
VI. NEW BUSINESS
A. ELECTION of Chairperson and Vice Chairperson.
By Minute Motion, Vice Chair Leo was appointed as Chairperson, and Member
John Greenwood as Vice Chairperson. The motion carried unanimously.
VII. CONTINUED BUSINESS
None
VIII. OLD BUSINESS
A. UPDATE ON SINGLE-USE PLASTIC BAGS
Ms. Missy Nale, Assistant Planner, gave a summary of the 2008 Palm Desert
CO2e emissions. For the new members, she commented that the City's previous
Councilmember Bill Kroonen first mentioned environmental concerns of single-
use plastic bags. For the new members, she has a presentation if they would like
to see it.
She reported that Assembly Bill 158 (AB 158) is currently being proposed to the
state. The existing bill requires the collection of plastic bags through January 1,
2020. With AB 158, the collection of plastic bags would continue after January 1,
2020. On January 1, 2015, stores that gross $2 million or more in sales, or that
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CITIZENS' SUSTAINABILITY COMMITTEE MARCH 20, 2013
have 10,000 square feet or more of retail space, will prohibit single-use plastic
bags. On January 1, 2016, there would be an additional bag prohibition at
convenient food marts, Type 20 and 21 license issued by the Department of
Alcoholic Beverage Control, and certification is required to be submitted for the
Department of Recycling at the state level. The proposed AB 158 would allow civil
penalties for non-compliance. On January 1, 2015 through June 30, 2016,
reusable bags distributed would have to be a minimum 2.25 mils thick or machine
washable. After July 1, 2016, there is a more strict definition of reusable bags
distributed (carrying 22 Ibs. 125 times over 175 feet, machine washable, and label
information), and the Women, Infant, and Children (WIC) and Supplemental Food
programs are exempt. She stated the stores would have to provide those in the
programs with a reusable bag or a paper carry out bag. Ms. Nale stated that the
state is allowing the local jurisdiction the discretion to implement a compostable
bag for purchase, if a curbside food composting program is available. On July 1,
2017, reusable bags are required to be 20 percent postconsumer recycled
material. She noted that the bags used for meats and produce are not included in
the proposed AB 158.
Ms. Nale stated that the Coachella Valley Association of Governments (CVAG)
has no action plan in place. She said the Energy and Environment Subcommittee
looked at the issue of single-use plastic bags about a year ago. The
Subcommittee's issues at the time were budget constraints, they wanted
additional information, and to find out more from the community members. She
said CVAG is following Palm Desert and Palm Springs lead, which are the only
two cities researching this project. The CVAG Recycling Group (staff from local
cities) were asked to place plastic bags on the agenda for May 13, 2013, at 3:00
p.m. She said Palm Desert and Palm Springs will provide an update at that
meeting. If the Recycling Group recommends approval, it would be elevated to
the Energy and Environment Subcommittee.
She said that the City of Palm Desert is continuing with research and education.
Also, Palm Springs is having a plastic bag mitigation study session on March 28,
2013.
Member Eric Freed proposed providing information (legislation) to the Recycling
Group on May 13.
Chair Leo asked if the Citizens' Sustainability Committee is reaffirming their
position they made several months ago that the Committee supports curbing the
use of single-use plastic bags.
Member Freed inquired if this is something they put forth to the City Council for a
vote or would the City Council give to the people for a vote.
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CITIZENS' SUSTAINABILITY COMMITTEE MARCH 20, 2013
Mr. John Wohlmuth, City Manager, said that he doubts the City Council would put
this to a vote of the citizens due to the expense. He stated it is important to the
Council, however, a regional approach would be fair and staff was directed to
work with CVAG. Due to CVAG's budget constraints, plastic bags have not risen
to the top of their priority list. Mr. Wohlmuth said if it is taken to the City Council
again, their concerns are going to be the same.
Ms. �auri Aylaian, Director of Community Development, mentioned that the City
Council also directed staff to work with retailers, which Ms. Nale has been doing.
Chair Leo commented that he was part of the group that met with smaller store
retailers, and asked if they should meet with the big box stores.
Ms. Nale stated that it was difficult to get participation from the big box stores.
Their response was that they did not have the time allocation to send staff to the
meeting or they were not interested in participating.
Member Ralph Raya asked what the consensus from other cities is.
Mr. Freed mentioned that Indio had expressed an interest; however, they have
not taken it further than that.
Member Raya asked if CVAG has a citizens' sustainability committee that reports
back to the members.
Ms. Aylaian responded that they do not.
Member Raya suggested that they recommend CVAG develop a citizens'
sustainability group at large from each of the cities.
Chair Leo noted that the City Council would have to make that recommendation to
CVAG, and asked Ms. Aylaian or Mr. Wohlmuth if that would be the process.
Ms. Aylaian agreed that it would have to go through City Council. She explained
that the Citizens' Sustainability Committee is an advisory committee to the City
Council.
Member Edwards noted that he is a new member, but from what has been said,
the Committee has made a position statement regarding single-use plastic bags.
The Committee should reaffirm that statement, which would help Palm Springs
with their efforts to move it forward.
Chair Leo also said to modify the statement to add and recommend that CVAG
create a citizens' advisory committee.
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Member John Greenwood suggested another approach by providing more
education by asking CVAG and other cities to allocate funds to educate the
community so that they are able to make a decision on their own.
Member Freed stated that Ms. Nale has done a lot of research. He suggested
sharing the information with Palm Springs and CVAG.
Member Gregory Gritters agreed with Member Greenwood, which is more of an
attractive option.
Member David Mourhess asked Ms. Nale if 158 is only an assembly bill.
Ms. Nale responded yes. She stated that in her opinion she does not think the
State is ready to move forward on plastic bags.
Councilman Tanner inquired if the plastic bags used for newspapers are
biodegradable.
Ms. Aylaian answered that they are recyclable in Palm Desert. She is not sure if
they are recyclable in other cities.
Member Edwards also agreed with Mr. Greenwood's suggestion on educating the
community.
Chair Leo suggested forming a subcommittee to come up with a program, and
report back to the Citizens' Sustainability Committee.
Member Freed asked if the City bought the license for Bag It, and does the City
still have permission to show it.
Ms. Nale replied yes.
Ms. Lisa Ream, Recycling Technician inquired if the movie could be shown on the
public access channel.
Ms. Nale interjected that the movie is available on Netflix. She mentioned that
there is a possibility of announcing the movie in the BrightSide.
Member Gatons requested that for the next meeting staff provides the statement
the Committee is reaffirming for the new members.
� Ms. Nale added that she would like to meet with the members who are new to the
Citizens' Sustainability Committee so she could show them the presentation on
single-use plastic bags.
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Mr. Wohlmuth stated he is confused and is not clear on how the group feels about
AB 158. He communicated that bills are amended and changed. He also
mentioned they have a legislator (Brian Nestande) in the Coachella Valley that is
attentive to these issues. Mr. Wohlmuth stated he would like to know what the
Committee likes or dislikes about the bill, and then have a discussion about it.
They could then write a letter to the State to cover any issues.
Member Koller commented why reinvent the wheel. He said they should look at
what the State is doing.
Chair Leo asked the Citizens' Sustainability Committee if they would like to form a
subcommittee to discuss the bill, reaffirmation, and meet with Mr. Nestande.
After a much review and discussion, Chair Leo appointed Members Freed,
Greenwood, Gritters, and Rosenberg to the subcommittee. The subcommittee
would look at the bill, follow up on Ms. Nale's analysis, and look at contacting
CVAG to form a citizens' sustainability committee.
Member Gatons requested the Committee's position that they are reaffirming for
the next meeting.
Chair Leo asked Ms. Nale to email it to the Committee members.
Member Gatons continued to say that they should work with major corporations to
see what they are doing. Do they need to work with the manufacturers as well?
He also gave an example how he went into a store and was charged for a bag,
and did not realize it until he got home. He noted that they did not tell him about
the charge at the store. He stated the subcommittee should also analyze the
market they are catering to, which is not just a local community.
Member Freed interjected that as a community they have an opportunity to
educate the people that are here.
Ms. Nale stated that the subcommittee would discuss single-use plastic bags
further. She asked the new Committee members to contact her if they want more
information on single-use plastic bags.
After a brief discussion about the Bag It movie, Ms. Nale moved on to the next
agenda item.
B. RECOMMENDATIONS ON PARKING COUNTS
Ms. Nale reported that she sent the Committee members a Power Point
presentation of the parking counts. She said staff is hopeful that the information
is part of a zoning update. She mentioned that Mayor Harnik requested a study
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to be conducted during black Friday. Ms. Nale gave an example of one the
parking studies. She mentioned that she sent an email to the Committee
members with items of the proposed zoning changes.
Member Gritters asked if the options are changing the zoning.
Ms. Nale responded that staff is looking at updating the parking requirements
associated with various uses.
Member Greenwood commented if big box stores are willing to pay for the
additional parking, he asked if staff is looking at changing the materials used to
allocate for that parking, such as pavers.
Ms. Nale replied that staff has been discussing those issues, and they are trying
to decide if it should be something separate.
Ms. Aylaian also mentioned that other cities are changing from having a
minimum amount of parking to having a maximum, and that Palm Desert could
do this with an exception clause. The exception clause would allow a developer
to build more, provided that they have a greater amount of it landscaped, or with
pavers or other material.
Member Freed commented that as far as the Citizens' Sustainability Committee,
they are not interested in the number of parking spaces as much as reducing the
heat island effect of using asphalt. He said the number of parking spaces is a
planning issue.
Ms. Aylaian mentioned that the number of parking spaces does tie in with how
much of the parking is paved over. She said that they could look at other things
like incentives for retailers with existing over-parked developments.
Member Gritters commented that you can reduce some of the parking by planting
more shade trees.
Ms. Nale stated that in a previous meeting they discussed incorporating
bioswales. She said a lot of sites are required to have onsite water retention, and
making a bioswale that is fully landscaped rather than having small tree wells, as
the City requires, would make more sense.
Ms. Aylaian stated that the purpose of the zoning ordinance update is to make
readable, useable, understandable, comprehensible, and consistent guidelines
without changing the underlying policy. Generally, they are making the update a
major rewrite, but not a change in policy. She said that staff would like to revisit
the parking requirements because staff believes the requirements are not well
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grounded for this community. The City Council has indicated they are okay with
it, as long as it goes through the public hearing process.
Member Freed commented if the Planning Department does not want to change
the parking counts yet, the solar reflectance index (SRI) of materials used could
be anything specified to be 29 or higher.
Ms. Aylaian responded that would be a little sneaky because it is a policy
change.
Member Gritters asked if shade trees are added to a parking lot, what happens to
the SRI.
Member Freed replied it eliminates the SRI.
Member Gritters commented that you shouldn't have to eliminate asphalt. He
said you could set a SRI requirement, but give them different opportunities to
meet that. He thinks adding more trees anywhere in the City is a good idea.
Member Edwards mentioned that the trees being used now are not doing well
and provide no shade, which is something that needs to be considered.
Member Gritters noted that at Desert Crossing, the wells are too small. So it is
important that the landscape area should be designed for a tree to survive.
Following some brief discussion regarding trees, Ms. Nale suggested another
subcommittee to work on a recommendation to amend the parking ordinances.
Member Gatons asked what the goal is. Is it for future buildings?
Ms. Nale responded that it is for future development, which staff is working on
right now.
Member Gatons inquired about the recommendation.
Ms. Nale replied recommendations such as a shade tree ordinance, solar
canopies, or bioswales. She added that they have also discussed incentives if a
property owner has certain number of extra parking spaces that they could
possibly build new leasable area.
Ms. Aylaian also added that when there is a remodel, they would have to meet
the current standards, whatever those are.
Chair Leo recommended forming a subcommittee. The subcommittee would
consist of the following members: Leo, Freed, Gatons, and Edwards.
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Members Gritters and Gatons preferred to switch subcommittees. Therefore,
Gritters would be on the parking counts subcommittee and Gatons on the single-
use plastic bag subcommittee.
C. UPDATE ON OUTDOOR LIGHTING
Ms. Nale reported that staff time is limited, and the City has contracted with MRC
Engineering, Inc., which is owned by Member Raya. She stated Member Raya
would be working on the final draft of the Outdoor Lighting Ordinance to present
to the Citizens' Sustainability Committee. She noted that she checked with the
City Attorney, and Member Raya is able to vote on the matter because the
Citizens' Sustainability Committee is an advisory Committee to the City Council.
The City Council would make the final consideration.
Member Raya noted that he initially declined, and offered to draft the ordinance
for the Committee.
Ms. Nale interjected that the City could not take advantage of Member Raya and
he was contracted. She displayed photos to illustrate different lighting in parking
lots.
Ms. Nale continued with Item B under Reports and Remarks.
IX. REPORTS AND REMARKS
A. ECONOMIC DEVELOPMENT DIRECTOR (MARTIN ALVAREZ)
Mr. Martin Alvarez, Director of Economic Development, stated that in 2007, the
City endeavored to take a challenge to reduce energy consumption Citywide by
30 percent. The program was funded by the California Public Utilities Commission
as a pilot program. The establishment of a Palm Desert Energy Partnership was
formed with Southern California Edison, the Energy Coalition, Southern California
Gas Company, and the City of Palm Desert. He said the goal of the pilot program
was to educate, and provide rebates and incentives to property owners to
upgrade their properties in energy efficiency. He stated that the program
concluded on December 31, 2012, and noted that the City did not reach the 30
percent goal. The City achieved 17 percent energy reduction in six years, 124 M
kWh versus a goal of 215M kWh, and eliminated 87K metric tons of CO2
emissions.
Member Susan Rosenberg asked if Southern California Edison provided the City
with how many kilowatts everybody (residents and businesses) used on a monthly
basis.
Mr. Alvarez responded they provided information on a quarterly basis.
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Member Mourhess asked how many metric tons of CO2 the Centinal plant would
put back into the atmosphere.
Mr. Alvarez replied that he did not know.
Member Koller inquired if the 17 percent Citywide Energy Reduction is per capita
or overall.
Mr. Alvarez replied overall.
Member Edwards commented that the educational piece of energy reduction was
very successful.
Mr. Alvarez mentioned that the City recently joined CVAG's Energy Partnership.
The City will help in bringing programs and ideas for the entire Coachella Valley.
Councilmember Tanner asked when the City is going to join the regional
communities.
Mr. Alvarez responded that the City has already joined the regional Desert Cities
Energy Partnership.
Mr. Wohlmuth briefly mentioned the Regional PACE Program.
Councilmember Tanner asked when the program is going to begin.
Mr. Alvarez said by the end of 2013, and would talk more about it in the next
couple of slides.
Mr. Alvarez reported that in 2012, the Energy Independence Program provided 30
energy loans (5 solar projects and 25 energy efficiency projects) and funded
$162,210 in loans. He said the estimated program totals for 2008-2012 are
approximately 350 projects completed and $6.5 million funded. He stated that
they do have some challenges with the Federal Housing and Finance
Administration (FHFA). Mr. Alvarez said that the City filed a lawsuit along with
seven other entities that challenged FHFA's position, which FHFA feels the City
should not be in seniority position on the lien. The Ninth Circuit Federal Court of
Appeals recently ruled in favor of the FHFA.
Member Freed clarified if FHFA's issue was that the City was getting paid back
before FHFA.
Mr. Alvarez explained that in an event of a foreclosure or default, the property
taxes and assessments get paid first versus the mortgage.
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Member Freed asked if it is a bad thing to be in a lower position of the lien than
the FHFA.
Mr. Alvarez replied that it is a risk.
Member Freed asked how many defaults there are.
Mr. Wohlmuth responded that there only have been two or three defaults. He
stated that it is not only the risk. It is also the interest rate that they could loan it at.
Member Freed asked if Fanny Mae has interrupted the City's loaning program.
Mr. Alvarez responded that it has not. He said that the City has included a
disclosure form as part of the loan package. The disclosure states that the
property owner shall check with their mortgage lender to make sure there are no
issues before moving forward.
Mr. Wohlmuth commented that the FHFA ruling impacted the City's loan program.
The loans went from 30 a year to no more than four a month.
Councilmember Tanner inquired if the FHFA ruling has an impact if solar panels
are being leased.
Member Mourhess responded no because there is no lien attached with a lease.
At this point there was discussion regarding leased solar panels.
Member Greenwood asked within the Energy Program, are pool pumps still
available.
Mr. Alvarez replied not through the City. It will be offered through the Desert Cities
Energy Partnership that the City is now a member of. He said CVAG has a
partnership with Southern California Edison, The Gas Company, Imperial
Irrigation District, and local jurisdictions. CVAG's goals are to reduce greenhouse
gas emissions, provide City facility energy upgrades, and increase rebate
incentives for municipal energy projects. Mr. Alvarez stated as mentioned earlier
by Mr. Wohlmuth, CVAG is creating a Regional PACE Program valley-wide.
CVAG will be contracting with Ygrene, a consultant for the PACE program, and he
briefly went over the program.
Member Freed asked if CVAG would be making money on the loans.
Mr. Alvarez responded that it is very little. There are administrative and legal costs
associated with the loans that need to be recouped. He mentioned that Ygrene
will be doing a contractor outreach meeting at the University of Riverside Palm
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Desert, which would kick off the introduction to the program. He said the program
has to go through a judicial validation, which would take three to four months. The
program could be up and running by the end of the year.
Chair Leo thanked Mr. Alvarez for his report.
B. ASSISTANT PLANNER (MISSY NALE)
1. Informational: Sustainability Plan Progress & City Council Direction
Ms. Nale reported that she emailed a Sustainability Plan Progress report to the
Citizens' Sustainability Committee. The report was given to the City Council for
direction. She stated that the City Council decided to work on the top 20 action
items, and prioritize the Citizens' Sustainability Committee's objectives as well.
Ms. Aylaian mentioned that the City Council had some interest on the issues that
the Citizens' Sustainability Committee has taken on as their own, such as the
parking and outdoor lighting ordinance. She said the City Council voted to not
work on those issues, and to only work on the top 20 list. She noted that during
the budget session, staff is going to ask for clarification on their direction.
Ms. Nale commented that the Citizens' Sustainability Committee is important to
the City. She asked the Committee if Wednesdays at 10:00 a.m. still works for
everyone, and mentioned that she had one request to change the meeting to
Mondays.
Member Greenwood stated that Wednesdays does not work for him so if the
meetings could be rescheduled, it would be great.
Chair Leo asked the Committee if Mondays would work for everyone.
Ms. Nale replied that she would check with everyone, and make sure the
conference room is also available.
Member Raya asked how often the Committee would be meeting.
Ms. Nale responded that they initially were meeting four times a year. Since they
merged with the Energy Committee, they could meet more often.
Member Raya commented that more often is better.
Chair Leo proposed that the Citizens' Sustainability Committee meet monthly for
the next three months to develop some action items then go back to bi-monthly
or quarterly.
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Ms. Nale would check the availability for the meetings and send an email to the
Committee. She updated the Committee on the resource areas of their
Environmental Sustainability Plan. She also mentioned that she would give the
new members the Environmental Sustainability Plan binders.
C. COMMITTEE MEMBERS
Chair Leo thanked the Councilmembers Tanner and Weber for attending the
meeting.
X. ADJOURNMENT
Upon a unanimous vote of the Citizens' Sustainability Committee, Vice Chair Leo
adjourned the meeting at 11:59 a.m.
^�Y�� ,
Monica O'Reilly, Recording Sec ary
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