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HomeMy WebLinkAboutPrelim - CC - 04-10-2014 i ,� . �,�..: , �� PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 10, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Tanner convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Jan C. Harnik Councilman Robert A. Spiegel Mayor Pro Tem Susan Marie Weber arrived at 3:01 p.m. Mayor Van G. Tanner Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriff's Department Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Rec�uest for Closed Session: PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 640-020-003 Negotiating Parties: Agency: John M. Wohlmuth/Ryan Stendell/City of Palm Desert Property Owner: David J. Mitchell Under Negotiation: x Price x Terms of Payment 2) Property: 42204 Golden Eagle Lane (APN 624-431-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Nicholas and Corena Killebrew Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Tanner adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin was pleased to report that after approximately 20 years'time,there is a complete settlement of the litigation between Silver Spur Reserve and the City of Palm Desert. He said the document has been signed and sealed, and all parties were happy about the end result. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Van G. Tanner VII. INVOCATION - Councilmember Jan C. Harnik VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, Executive Director, Family YMCA of the Desert, addressed the City Council to announce that plans are being made for the community-wide Easter Egg Hunt in the City's beautiful Civic Center Park in cooperation with the City. He said it was scheduled for Saturday, April 19, at 9:00 a.m., with 2,000 people 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 expected to participate in the hunt, followed by the Healthy Kids Day event where families learn about health and fitness. He said the event was free of charge and promised to be very exciting. He added that later on today's agenda, Palm Desert Aquatic Center Manager Karen Creasey would share information about an event planned there that weekend as well. He thanked the City Council for all their support. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, APRIL 10, 2014, AS "DON BRADY DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Mr. Brady, teacher and basketball coach at Palm Desert High School, serving as its first and only basketball coach from 1986 until retiring earlier this year. He congratulated him on a very successful career and wished him all the best in retirement. B. INTRODUCTION TO THE CITY COUNCIL BY NEW GENERAL MANAGER OF SUNLINE TRANSIT AGENCY LAUREN SKIVER. Ms. Skiver introduced herself to the Council, adding that she knew many of the members already but wanted to come before them today at their regular meeting to talk about three very big projects going on at SunLine. First, she said there needs to be more service in the Coachella Valley; it's a rich, vibrant community that needs access to jobs, education, leisure, and all the other things that can be enjoyed here. SunLine is working very hard to improve the service in place now and expand it, and one of the ways they're doing so is by instituting performance management: looking at the agency internally and the way every dollar is spent to ensure it creates the best transit product that can be put on the streets for the citizens. Second, she said they're aggressively targeting the goal of doubling of their fleet in the Coachella Valley in the next 5-10 years. She related that after coming from several other transit systems during her career, it was notable that SunLine Transit Agency has moved almost 5,000,000 people with 68 buses, which was fantastic. She came from a transit agency with 250 buses and barely capped 9,000,000 riders, so she wanted it to be known that SunLine is a well-used system. She added that frequency is the currency that Coachella Valley residents need, because it didn't matter how far they go if it meant people waiting hours to get the connections to where they needed to be. So she said they really need to work on having faster, more reliable ways for the citizens to get where they need to go and get some of the congestion off the roads. Lastly, she said they were also aggressively seeking funding for a vanpool program for the Valley to help folks trying to get to employment in further reaches than just along Highway 111 and the area's thoroughfares— access to jobs in other areas, such as Morongo Valley, even as far away as 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Riverside. She noted that Councilmembers will see more projects coming forward,will hear more from SunLine, and see them more in the community. She thanked the City Council for all its support of her team and SunLine in the community. MayorTannerand Councilmembers expressed appreciation for Ms. Skiver's introduction and information provided today. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 27, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 192, 193, 196, 197, and 200. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#741) by Alex Meyerhoff in the Amount of $13,819.76. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stuft Pizza, 72840 Highway 111, Suite V465, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of October 29, 2013. 2. Marketing Committee Meeting of January 21, 2014. Rec: Receive and file. F. LETTER OF RESIGNATION from Janet Hanson — EI Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. 4 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 G. REQUEST FOR AUTHORIZATION to Release Security for EI Paseo Collection Fashion Plaza Improvements at 73130 EI Paseo (EI Paseo Collection Fashion Plaza, LLC, Applicant). Rec: By Minute Motion, authorize release of the security for improvements for EI Paseo Collection Fashion Plaza. H. REQUEST FOR APPROVAL of Third Annual Martha's Village & Kitchen Thanksgiving Day 5K Run/Walk on November 27, 2014, Including Closure of Public Streets (Martha's Village & Kitchen, Applicant). Rec: By Minute Motion, approve the Third Annual Martha's Village & Kitchen Thanksgiving Day 5K Run/Walk, including closure of EI Paseo between Highway 74 and Portola Avenue. I. CONSIDERATION of Legislative Review Committee Recommendation to Provide Letters of Opposition and Support to Various Proposed Legislation. This item was removed for separate consideration under Section XI - Consent Items Held Over. Please see that portion of the Minutes for resulting discussion and action. J. REQUEST FOR AWARD OF CONTRACT to The Printing Place for Printing of the City's Bimonthly BrightSide Newsletterfor Fiscal Year 2014-2015,with a One-year Extension Provision (Contract No. C33460). Rec: By Minute Motion: 1) Award the subject contract to low bidder The Printing Place, Palm Desert, California, for printing of the BrightSide Newsletter in the amount of $31,909.86 for Fiscal Year 2014-2015, including an optional, one-year extension provision at the same price; 2) authorize the Mayor to execute said contract—funds are included in the proposed General Fund Budget for FY 2014-2015 in Account No. 110-4417-414-3026. Councilmember Harnik asked that Item I be held over for separate consideration. On a motion by Harnik, second by Spiegel, and 5-0 vote of the City Council(AYES: Benson, Harnik,Spiegel,Weber,and Tanner; NOES: None),the remainderof the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER I. CONSIDERATION of Legislative Review Committee Recommendation to Provide Letters of Opposition and Support to Various Proposed Legislation. Councilmember Harnik noted that there were several components in Item I, with many different legislative issues brought to the City's attention, and she 5 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 appreciated staff's work on all of them. However, she wanted to consider, or have the Legislative Review Committee consider, taking a stronger position on House Resolution No. 29. She pointed out that while the recommendation put forward was to oppose H. R. 29, adjacent District Assemblyman V. Manuel Perez has supported this item; but it could have such a negative financial impact on the City of Palm Desert that it will, indeed, affect Assemblyman Perez's District,and she felt he needed to know that Palm Desert is not happy with his support. She went on to say that if people say that iYs just a resolution and has no teeth, in reading the second to last paragraph, it says that, "the Assembly intends to introduce an advocate for responsible outsourcing legislation," which means that it will pick up from this resolution and turn it into House and Senate Bills. Therefore, she felt it was something the City needed to take a very, very strong position on. She offered that they did so at RCTC (Riverside County Transportation Commission), and it was also being considered by the Coachella Valley Economic Partnership (CVEP), reiterating the City's need to take a very strong position on it. Mr. Aryan confirmed Councilmember Harnik's statement that a House Resolution is not legislation and does not have the force of law; however, he said this Resolution asks legislators to vote to commit on how they pledge to vote on future bills related to public agency contracting. He agreed that one could argue that it sets a grave precedent for services that the City does contract out, which are many. Councilmember Harnik added that these are the sorts of things that, at the eleventh hour and without notice, get pushed through the Assembly or Senate, and it was imperative that the City really take a strong position. She wanted to see the City send such a letterto 56th District Assemblyman Perez, in addition to the one it was proposing to send to 42"d District Assemblyman Nestande,who was already in opposition to it. She emphasized that the City of Palm Desert needs to let Assemblyman Perez know that it does not support this matter and would like to see him reconsider his position, pointing out that even though it's already passed, Palm Desert should let it be known that in the future when H. R. 29 is dissected into bits and pieces of legislation, maybe it will impact the City a little bit less negatively. She observed that this would mean a very difficult financial situation for Palm Desert. In response to question, she agreed that her intent was to approve the other items in Item I, as recommended, but to add strengthened opposition language for H. R. 29 and include a letter to Assemblyman V. Manuel Perez. Councilman Spiegel moved to, by Minute Motion, concurwith the recommendation of the Legislative Review Committee and approve the recommended letters of support for AB 1521 (Fox), AB 1896 (Perez), AB 2415 (Ting), SB 69 (Roth), and SB 270 (Padilla, De Leon, and Lara); and a strengthened letter of opposition for House Resolution No. 29 (Gomez), plus a letter to adjacent 56th District Assemblyman V. Manuel Perez to express 6 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 displeasure for his support of H.R. 29, which will ultimately have a significant, negative financial impact on the City of Palm Desert and, in turn, his District. Motion was seconded by Harnik. In answer to Mayor Tanner's question about reconvening the Legislative Review Committee to discuss strengthened wording, Mr.Wohlmuth said that staff can make the requested modifications to the letter. Further for the public's benefit that may not understand what H. R. 29 involves, he said that the City of Palm Desert is a contract city, contracting for many services, including Library, Law Enforcement, Fire, and Recreation Services. As a contract city, Palm Desert believes it provides to its residents and visitors services as good as, if not better, through those contracts by keeping costs down versus other mechanisms of providing services, and he appreciated Councilmember Harnik's comments to this end. Mayor Tanner called for the vote on the motion, and it carried 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TWILIGHT RESIDENT GREEN FEE BETWEEN MAY 1 TO SEPTEMBER 30 AT DESERT WILLOW GOLF RESORT. Mr. Alvarez offered the subject Resolution will allow the City to establish a Resident Twilight Rate that will provide for better utilization of Desert Willow Golf Resort during non-peak periods. The rate will be $30 after 3:00 p.m. between May 1 and September 30, which he said will benefit residents and allow for additional revenues at Desert Willow. Upon inquiry about current Twilight Rates, he believed they ranged befinreen $80 - $90. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014 - 19. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. RESOLUTION NO. 2014 - 20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 2013-49, "EXHIBIT A" - SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS FOR THE PERIOD OF JULY 1, 2013 - JUNE 30, 2014 (ADDING CLERICAL ASSISTANT AND DELETING OFFICE ASSISTANT II - CITY CLERK DEPARTMENT). Human Resources Manager Lori Carney explained that Councilmembers may have heard that the Office Assistant in the City Clerk's Department has announced that she will retire at the end of May, which offers an opportunity 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 to replace the position at a lower salary range and grade. Staff is proposing adding the lower classification to the Department and deleting the classification of Office Assistant there. Additionally, she said staff is requesting a two-week overlap in the positions in order to provide on-the-job training for the new staff inember. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014 - 20. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XIII. ORDINANCES A. For Introduction: 1. URGENCY ORDINANCE NO. 1269 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE OPERATION OF FOOD VENDING TRUCKS WITHIN THE PUBLIC RIGHT-OF-WAY BY AMENDING PALM DESERT MUNICIPAL CODE SECTION 5.97.110(A) TO PROHIBIT SUCH OPERATION. Mr. Erwin stated that previously in March, City Council adopted an ordinance to regulate operation of food trucks within the City of Palm Desert. He said provisions of that ordinance have been challenged bythe Southern California Food Vending Association,and in response, staff's recommendation is to establish a moratorium. The moratorium does not establish a particular time limit, but staff anticipates that it would be in effect at least six months to allow time to study the issue and formulate a regulatory ordinance that is not subject to challenge or litigation. He noted that adoption of the moratorium ordinance required a four-fifths vote. In response to question about other cities being sued, he said there are several; Palm Springs established a moratorium last month, Indian Wells is considering it. He added that none of the local cities have been sued, but there are several pending in Southern California. He affirmed that the City of Palm Desert has been threatened with litigation. Councilman Spiegel observed that if the plaintiffwins litigation against the City in this issue, then the City has to pay both its attorney and theirs. Councilman Spiegel moved to waive further reading and adopt Urgency Ordinance No. 1269. Motion was seconded by Harnik. 8 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 MayorTanner noted forthe record that Mr. Erwin indicated a possible six-month time period for the moratorium, but he asked for confirmation about there being no time limit on it. Mr. Erwin confirmed that there is no time limit on the moratorium; it could end earlier, depending upon staff's ability to find a solution, or it could last longer. He added that it does require Council action to terminate the moratorium. Mayor Tanner called for the vote on the motion to adopt Urgency Ordinance No. 1269, and it carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE A NEW OPERATIONS CONTRACT WITH THE FAMILY YMCA OF THE DESERT FOR SERVICES AT THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C33470). Senior Management Analyst Ryan Stendell stated the City was in its final year of the original three-year agreement with the Family YMCA of the Desert for the Aquatic Center. He said staff is extremely pleased with the learning curb of the YMCA on the facility as they are beating the Ballard*King &Associates initial estimate of reaching 60% cost recovery in the fifth year. The current tracking indicates they may reach that goal in year three; in year two it reached 58%. The City is pleased with the YMCA's work, specifically, Aquatic Center Manager Karen Creasey. He said the City is faced with either going out to bid for a new Request for Proposals(RFP)or renegotiate the contract, which staff was leaning toward. A fresh start with a new operator would set the City back about three years, and it made more sense to keep the current management structure with the YMCA. Staff recommended Council's approval to negotiate a new agreement for a term between three and five years. The term would include optional agreements so that at any point the City wanted to revisit the agreement, it would be allowed to do so, which was standard for most City agreements. He reiterated staff was seeking Council's approval to simply negotiate with the YMCA, and any proposed contract would be brought back for Council's consideration. MS. KAREN CREASEY, Aquatics Manager-YMCA, stated there has been great success in the past three years at the Aquatic Center, and in her Power Point presentation she will outline the calculations made for January - 9 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 December 2013. The year-round Aquatic facility had 114,000 people going through the gates, not necessarily paying to use the facility, but entered to take part in some sort of activity. The operational budget for the Aquatic is $1.3 million, and last year it reached a 58% Revenue Recovery. The five-year goal is 60% cost recovery, which they are on track to reach this year. During the summer they employ 80 part-time people and for fall/winter/spring,theyemploy40 employees,which includes lifeguards,swim instructors, fitness instructors, front desk, concession, and maintenance. Recreational swim is what most people know the facility for and it reaches the biggest numbers in the summer. She said water aerobics started with one class, one person, and only herself on the deck teaching. The facility now offers 11 classes a week , and it can hit numbers as high as 45 in those classes. The program has expanded into some SilverSneakers/Zumba Gold Programs as well as yoga. Local swim teams include Palm Desert Swim Club, Xavier High School, Scorpions Water Polo, and Piranha Swim Club. Teams coming from afar include University of British Columbia, University of Redlands, University of Puget Sound, Chicago Masters, College of Idaho, Edmonton Canada, and Montreal. The Aquatic Center serviced more than 145 field trips for schools and organizations all over the Valley such as Homework Club, YMCA, Desert Recreation, Boys & Girls Club, church groups, etc.The facility accommodates for special events,full facility rentals, and birthday parties. Yearly events include the Underwater Easter Egg Hunt, and this year it will be April 20, 2014, at 2:00 p.m.; the Underwater Santa; The Polar Bear Plunge held December 31, saying good-bye to one year and ushering in the new year. Some of the Full Facility Rentals have included Desert ARC, Youth Baseball Association Awards Ceremony, and Eisenhower Medical Center. The YMCA Swim Lesson Day has been called "Swim to Win" and this year it's called "Just Add Swim." It's the same idea where Olympians come to the Aquatic Center to provide some teaching, and this year the event will be held on May 10. Last year the event was attended by approximately 2,000 people. The Aquatic Center is open forthe 4th of July - providing the best seat in the house. Some of the classes offered include: COD, CSUSB,American Red Cross, Desert Swim Academy, Helene's Swim School, Get Wet Scuba, Assorted Coaching, and Swim Lessons. She thanked the City Council for providing such a wonderful facility, stating it's been an amazing three years with great success. Councilman Spiegel noted he was the Council Liaison for the Parks and Recreation Commission, stating Ms. Creasey has done an outstanding job. He said to take this from nothing to what it provides today was absolutely marvelous. He encouraged staff to negotiate a five-year contract. Councilman Spiegel moved to, by Minute Motion, direct staff to negotiate a new Operations Contract with the Family YMCA of the Desert(YMCA)for services provided at the Palm Desert Aquatic Center, with additional direction that staff negotiate a five-year contract. 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Mayor Pro Tem Weber questioned why the City didn't need to go out for a Request for Proposal. Mr. Stendell replied it was not a requirement for the City to go out for a RFP and if the Council was happy with the provider's services, the Council had the choice of entering into a new agreement. Mr. Wohlmuth pointed out this was a professional services contract and not a Public Works Act project; therefore, it was at the City Council's discretion whether it wanted staff to go out for a RFP or negotiate with the current provider. Councilmember Harnik said everyone has watched the YMCA take this from the ground up, struggling through the learning curb, and they have taken it to an amazing place in a short period of time. She was in support of taking it further in the direction they are heading. Councilmember Harnik seconded the motion and it carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2014 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER4, INCLUDING ELECTION OF CERTAIN OFFICERS AND CONSIDERATION OF MEASURES RELATING TO AN INCREASE IN THE CITY'S TRANSIENT OCCUPANCY TAX (T.O.T.). Ms. Klassen stated that based on prior direction of the Council and Executive Management Team, staff was asked to call the election at this time. The proposed resolutions represented the responsive legislative documents that need to be passed in order to call the election. Councilmember Harnik stated the Council received a letter from Roland Alden and asked the City Attorney to address it. Mr. Erwin stated Mr. Alden suggested the Resolution authorizing the measures by the Council be modified to not restrict any member of the Council from filing any sort of support or opposition to the measure that is on the ballot. Therefare, any member of the City Council may file an opinion in favor or in opposition. Councilman Spiegel moved to waive further reading and adopt: Item 1) Adopt Resolution No. 2014-21, calling for the holding of a General Municipal Election to be held on Tuesday, November 4, 2014, for the election of certain officers; Item 2) Adopt Resolution No. 2014 - 22, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 4, 2014, with the Statewide General Election to be held on the date pursuant to § 10403 of the 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Elections Code; Item 3) Adopt Resolution No. 2014 - 23, adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters for the November 2014 Election; Item 4)Adopt Resolution No. 2014-24, submitting to the qualified voters of the City at said Election a Measure relating to an increase in Transient Occupancy Tax(T.O.T.); Item 6)Adopt Resolution No.2014-26, setting priorities for filing a written argument regarding a City Measure; Item 7) Adopt Resolution No. 2014 - 27, providing for the filing of Rebuttal Arguments for City Measures submitted at Municipal Elections. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Councilman Spiegel moved to waive further reading and adopt: Item 5) Adopt Resolution No. 2014 - 25, submitting to the qualified voters of the City at said Election an Advisory Measure for Allocation of Additional T.O.T. Revenue to promotional and marketing-related expenses; Item 8) Pass Ordinance No. 1270 to second reading, amending Sections 3.28.030 and 3.28.070 of Title 3 of the Palm Desert Municipal Code - T.O.T., pending majority vote of the voters. Motion was seconded by Weber and carried by a 4-1 vote with Benson voting NO(AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson). XV. CONTINUED BUSINESS A. CONSIDERATION OF AN APPROVAL TO ALLOW AN OUTDOOR DINING AREA TO ENCROACH INTO THE PUBLIC RIGHT-OF-WAY ALONG LARKSPUR LANE, SUBJECT TO THE BUSINESS OWNER PROVIDING CERTAIN FACADE IMPROVEMENTS, INCLUDING A NEW AWNING, NEW PATIO RAILING, NEW PATIO FURNITURE,AND CONCRETE PLANTERS WITH UMBRELLAS, FOR CAFE DES BEAUX-ARTS LOCATED AT 73640 EL PASEO, Case No. ODP 13-210 (Cafe Des Beaux-Arts, Applicant) (Continued from the meetings of November 14 and December 12, 2013). Assistant Planner Kevin Swartz stated this item was continued because the Council had concerns with the proposed outdoor dining area six feet from back of curb along Larkspur Lane. The Council had also directed staff to take measurements of other sidewalk widths in the area. He offered to provide a Power Point presentation with photographs of the other sidewalks. Responding to question, he confirmed the Applicant withdrew his application and staff supported that request. Councilman Spiegel moved to, by Minute Motion, accept the ApplicanYs request to formally withdraw consideration of the outdoor dining area six feet from back of curb along Larkspur Lane for Cafe Des Beaux-Arts. Motion was seconded by Harnik. Councilmember Harnik said the Applicant had mentioned he would be moving forward with replacement of the canvas on Larkspur Lane and questioned whether that item would come before the Council. 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Mr. Swartz explained an item can go before the Council if it's called up by a member of the City Council. He said the Applicant actually submitted an application to the Architectural Review Commission,and it was an item at the last ARC meeting, which has been continued. Councilman Spiegel noted that until ARC approves the application, the Council can choose whether to call it up or not. Mayor Tanner called for the vote and the motion carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE PLACEMENT AND DEVELOPMENT STANDARDS, AND SECTION 25.99 - DEFINITIONS - TO COMBINE AND MAKE DEFINITIONS CONSISTENT FORACCESSORY BUILDINGS AND STRUCTURES, Case No. ZOA 13-357 (City of Palm Desert, Applicant) (Continued from the meetings of February 27 and March 13, 2014). Associate Planner Eric Ceja stated this item was before the City Council on February 27 with the intent to amend the City's Accessory Structure Ordinance. At that meeting, a resident raised concerns about playground structure intrusion into rear yard privacy. The Council asked staff to further research the matter. Staff researched different types of playground structures that are commonly available for purchase at local stores and online. Staff found there are basically two categories of playground structures, which include with/without raised platforms. He displayed photographs of common swing sets that ranged in height eight to ten feet, stating that most structures included platforms that ranged three to five feet in height. Based on this finding, staff is rescinding its previous request to increase playground structure height to twelve and instead proposing to maintain the current 10-foot height limitation. The staff report includes Exhibit C -Line of Site Study where the top drawing is what the City would permit under the current Code, which is a 10-foot high structure with a one-to-one setback. However, the drawing illustrates a child having a view into the adjoining rear lot. The next drawing also shows a 10-foot high structure with a 2 feet difference in elevation between the two parcels,where the child would still have a view to the adjoining lot. Therefore, staff explored three different alternatives, which he displayed (not part of the staff report). The first drawing is showing a 2-foot range differential where staff increased 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 the setback standard from 10 feet to 12 feet. However, one would still be able to see into neighbors rear yards. The second drawing is a playground structure with no platform, but it didn't improve or worsen the impact on neighbors privacy.This particulardrawing applied to trellises and othertypes of structures that would be in a rear yard. The last and third drawing illustrates a 10-foot high structure with a 5-foot platform. Staff is recommending that playground structures with platforms, the platform not exceed five feet in height. Additionally, property owners that install a playground structure would then have to install perimeter landscape both along the rear and side yard, primarily consisting of trees. The attempt is to be able to block or filter the view into neighborhood rear yards. Mayor Pro Tem Weber stated that with the bottom or last drawing, if the lots were at a variance of two feet, is the 5-foot platform based on the 2-feet differential, and the platform could now only be three feet. Mr. Ceja replied a platform cannot be higher than five feet than the property it is on. Mayor Pro Tem Weber stated this issue then returns to the same problem. Mr. Ceja agreed, stating it's the reason why staff was recommending the property owner install perimeter landscape, because without the landscape it would be difficult to block views into neighbors rear yards. Responding to Mayor Tanner's question about existing structures, he said the Planning Commission requested staff establish a sunset clause, and one is being proposed for one year to allow property owners with existing structures to get into compliance. Further responding, he said if the Zoning Ordinance is approved, staff will then prepare and send a letter to violators currently known and inform them they had a year to comply. He said the proposed Ordinance would also apply to tree houses. Mayor Tanner declared the public hearing o�en and invited public testimony FAVORING or OPPOSING this matter. MR. ROBERT ELLIOTT, Pele Place, Palm Desert, thanked the Council for their time and effort regarding his neighbor's playground equipment, which interferes with his privacy. He said at the last meeting,the Council asked the Planning Department to provide it with the back yard measurements; however, the neighbor didn't answer the door. Therefore, everyone was dealing with approximate measurements of 12-feet in height counting the 5-foot platform. The Planning Department is proposing a 10-foot height setback with 10-foot trees to block the view. However, the rear wall is 7 feet in height and the neighbor's elevation being 2 feet higher, the neighbor would still have a 5-foot view. He said the neighbor would have to plant a forest of very tall trees with heights of 15 feet, which he didn't think was possible. He claims neighbors are concerned of the negativity of the visual 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 affect to the value of their homes. Additionally, he is concerned other neighbors may want to do the same for their children. He believed this matter deserved more consideration such as lowering the platform or the whole structure to eight feet where the kids can still have a good time. Councilmember Benson asked if there was anything in the Code that the Ordinance didn't cover to further protect property owners' privacy. Mr. Ceja replied no, not in the Code. He said staff is hoping the perimeter landscaping will filter or block views into neighbors properties. Staff found that with the 10-foot setback, although the structure has a base, it also has projections of slanted climbing stairs or a slanted slide. Staff wouldn't take the 10-foot measurement from the base of the playground but from the projected slide. Therefore, one would actually see a structure that is set back further than ten feet, because the slide itself that it would project off, would be the 10-foot measurement. Staff looked at Mr. Elliott's situation and determined the playground structure to be intrusive and over the 10-foot height limit. Therefore, within the one-year sunset clause, the structure would have to be removed. Further responding, he confirmed the proposed Ordinance would address Mr. Elliott's concern where the entire structure would have to be removed. Mayor Tanner stated the structure would be removed, but the playground equipment would remain. Mr. Ceja clarified the property owner can modify the swing set to not exceed the 10-foot height limit. Further responding, he said the structure similar to a tree house would be removed or at least lowered to not exceed 10 feet in height. Councilmember Harnik asked staff to explain the one-to-one setback. Mr. Ceja explained that for every foot in height the structure is, there is a one-foot setback from the property line. For example, if a structure is 8-feet in height, it would require an 8-foot setback; if a structure is10-feet in height, it would require a 10-foot setback. Mayor Tanner stated there was no opposition to approving the proposed Ordinance, however, it included a one-year sunset for compliance. MR. ELLIOTT replied he preferred a sunset of six-months. Councilmember Harnik said this was a difficult issue, and she appreciated Mr. Elliott's consideration for the neighbor, but there is a sense on the part of staff that it was their intent to balance the use and enjoyment of residential rear yards while also protecting neighboring property privacy. Even though having to wait a year didn't make Mr. Elliott happy, the neighbors made an 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 investment as well. She believed the neighbor will comply prior to the year, stating staff had gone out of their way, researched the matter, and have come up with a reasonable and responsible solution, which she supported. Mayor Tanner concurred; however, in this particular incident, for every foot in height, it needs to be a one-foot setback from the wall. MR. ELLIOTT said he didn't mind the swing set, and if the Council felt a year was reasonable because an investment was made bythe neighbor, he would go along, but he would prefer a lesser wait. Mayor Tanner commented he was still trying to understand that the ladder is attached to the swing set, and the slide is six feet from the wall. Councilmember Harnik pointed out it was the actual structure that is the issue. MR. ELLIOTT said the structure is currently eight feet from the wall. However, if the structure is removed and the swing set and slide remained, he wouldn't complain against it, but questioned who would monitor the matter. Mayor Tanner replied letters will be sent out and the matterwill be monitored by the City. Mayor Pro Tem Weber questioned why the structure couldn't just be moved closer to the home and farther away from the wall. Mayor Tanner replied the structure was in concrete. Mr. Ceja replied the property owner is choosing not to do so at this time. Mr. Wohlmuth added there was a one-year grandfather, and there are probably several issues with this current playground structure that wouldn't meet the proposed Ordinance. One, is the setback, second is the height, and in order to comply with the proposed Ordinance, the property owner would have to comply with all the requirements. The height would have to be lowered and the structure would have to be moved to the appropriate setback under the Ordinance. Hawever, he pointed out the structure didn't necessarily have to be removed in order to comply with the Ordinance. MR. FRANK TAYLOR stated he agreed with all the work done up to this point. However, he called attention to the language in Exhibit A, Section D, "Temporary Structures including, but not limited to, fabric tents, are permitted for placement outside of the standards listed above. No single property shall place any temporary structure for a /ength of time greater than four consecutive days and no more than five times per calendar year." He 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 believed this language allowed someone to erect a tent in the front yard for stretches of four days. Mr. Ceja pointed out that when the Zoning Ordinance originally came forward, it was to address temporary tents and storage sheds on the side yards, but this issue expanded to playground structures. With respect to temporary tents, he said people use them on a very limited basis for private events on their property or during a construction project. Staff felt that on a temporary basis, outside the setbacks established, they will be allowed for four consecutive days. MR. TAYLOR stated he was okay with people setting up tents in their side yard or back yard, but he was concerned with tents in a front yard for four consecutive days. Councilmember Harnik stated she felt staff covered that concern by limiting it on a temporary basis as with construction work or for accommodating a bounce house. With nofurthertestimonyoffered, MayorTannerdeclared the public hearing closed. Councilmember Harnik moved to waive further reading and pass Ordinance No. 1267A to second reading, approving Zoning Ordinance Amendment No. 13-357, amending Palm Desert Municipal Code Section 25.40.050 - Accessory Buildings and Structures, and Section 25.99- Definitions. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. CONSIDERATION OF AN ORDINANCE,AMENDING THE PALM DESERT MUNICIPAL CODE BYADDING CHAPTER 5.12 TO REDUCE SINGLE-USE PLASTIC BAGS BY RETAIL ESTABLISHMENTS WITHIN THE CITY OF PALM DESERT (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this item has been discussed extensively so he would keep his comments condensed to the Ordinance. In 2011 staff discussed this item and was asked to look at a regional approach and began working with Coachella Valley Association of Governments (CVAG). In February 23, 2014, CVAG approved a model ordinance, which has been presented to several different cities. Most recently, Desert Hot Springs, Palm Springs, and Indio have adopted the model ordinance. There are currently 106 California cities and counties that have enacted ordinances that regulate single-use plastic bags. The proposed Ordinance is a model ordinance that prohibits single-use plastic bags, requiring stores to use reusable bags or paper bags at ten cents($.10) per bag. Reusable bag is defined as machine washable or durable plastic bag that some retailers already provide. The Ordinance allows limited single-use plastic bags for potential contamination issues like for packaging meats, fruits, vegetables, or ice cream that can melt. Therefore, there are 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 still allowancesforgrocerystores, retailers,and nonprofitorganizations. The question has been asked "Why charge for paper'?" It is a question staff has been discussing with business owners and citizens, stating this is based on other ordinances enacted in California. He said the ultimate goal is to reduce waste and bag litter. The one thing staff wants to avoid with this ordinance is to go from a one-to-one ratio of using paper instead of plastic, which is exactly what happened in San Francisco when it first introduced this ordinance several years ago. Staff is trying to eliminate waste by being more sustainable, conserving energy and resources by not having to produce these bags and avoid getting litter into the environment. He said litter requires clean up, so paper can still get into the environment. When San Francisco enacted the ten-cent charge, they found that within six months, 94%of the people were using reusable bags. He went on to say plastic bags were not free, because it cost taxpayers about $11 per person to cleanup litter throughout California. In contrast, a San Diego study showed that enacting an Ordinance prohibiting plastic bags, the average cost per household for the first year was $7.70, and that cost decreased over time. The same study showed there was no economic impact to both the retailers and consumers using these ordinances. If the proposed Ordinance is approved today, the following time lines would apply: The second reading would be April 24, 2014;the Educational Program Kickoff and Reusable Bag Giveaway will take place in September 2014. Staff is already working on a purchase order for the 10,000 bags that will be given away; the Ordinance will go into effect October 1, 2014; operation date for large retailers is April 1, 2015; operation date for smaller stores (mom and pop stores or anything less than 10,000 square feet) is October 1, 2015. These time lines allow staff and the City to work on the education program that will begin in the fall of 2014. He pointed out the State is proposing Senate Bill 270 (SB270), which won't apply to all retail. However, there is no guarantee that it will be approved,which is why staff is moving forward with its own Ordinance. Palm Desert's Ordinance actually applies to more retail stores that provide plastic bags. If the State approves SB270, and Palm Desert doesn't approve their own,any jurisdiction is prohibited from adopting any ordinances in the future. Adopting the proposed Ordinance gives the City more control and flexibility. The State time lines for SB 270 for large grocery stores is July 1, 2015, and July 1, 2016, for convenience & liquor stores, which offer more time to come into compliance. In conclusion, the proposed Ordinance is supported bythe Palm Desert Citizens' Sustainability Committee, CVAG, and the California Grocers Assaciation. He said an ongaing educational campaign will be key, which is staff's priority. Also, a phased approached to eliminating single-use plastic bags gives businesses more time to prepare. The studies that have been researched and reviewed showed there was no economic impact. Mayor Tanner asked if Palm Desert's ordinance is adopted and the State passes SB270, would Palm Desert have to comply with the State's. 18 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Mr. Bagato explained that if Palm Desert approves the Ordinance today, the City would be using its own. Councilman Spiegel asked if the Ordinance applied to dry cleaners. Mr. Bagato said it did not, because there are still limitations where plastic bags will be allowed like in restaurants where there are contamination issues. Mayor Pro Tem Weber stated that usually if an ordinance is passed it will have a penalty for noncompliance. She asked staff to define the penalty. Mr. Bagato said there are fine structures already established through Code Enforcement, and noncompliance matters went through the typical admin citations, and that process is included in the Municipal Code. Further responding, he said the goal was to focus on education. Currently,the City's Recycling Technician checks on the waste and recycling side of businesses and Planning staff will work on checking with businesses to see if they are implementing the Ordinance. The Ordinance requires the City to provide a verbal waming and work with the business first, but ultimately the City can go into penalties and enforcement. Mayor Pro Tem Weber said the implementation of going from store to store will be long before the effective date, which allows time for preparation. She said a lot of people didn't know what was going on with respect to this matter. Mr. Bagato agreed, which is why there is a longer date for implementation. He said staff will reach out to get businesses informed. He said small business owners have asked him when to start ordering the bags and he has informed them that if the Ordinance is approved, they had until October. Mr. Wohlmuth pointed out the City didn't have enough Code Enforcement staff to be at every store. He said most of the Code activity is complaint driven and this was no different from the Smoking Ordinance, which is also complaint driven. Staff is hoping that through the education program they will reach stores early to get them using reusable bags, and the City will do its part to get bags out for the public to use, in turn there will be fewer complaints and less code enforcement actions. Mayor Tanner declared the public hearing�en and invited testimony in FAVOR or in OPPOSITION to the proposed Ordinance. MR. ROBERT J. LEO stated he's been a resident of Palm Desert for twenty years and has seen the Council support endangered species, preserve its mountains, promote desert scape, and protect the stand of palm trees in the City. He said the City had an enviable record; envied by cities throughout the State of California. Today the Council will consider an Ordinance that will 19 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 once again be at the forefront of environmental sustainability, stating he had the pleasure to serve on the Palm Desert's Citizens Sustainability Committee as Chairman. When the Committee was first established, elimination of single-use plastic bags was the first order of business and using reusable bags was one of the first initiatives.Almost finro years ago the Committee met with small business owners at the request of the Council to assess the impact of such an approach, and it received a favorable response. The Committee moved to the California Grocer's Association who preferred a statewide solution, but agreed to work with the Committee. Contact with the Palm Springs sustainability people developed this program into a joint effort. At the request of the City Council, the Committee began to work with CVAG in putting together a model ordinance for the cities in the Coachella Valley. The Committee did its due diligence, and out of this effort, came the approach of the education arm and ordinance arm, which would reflect the environmental sustainability commitment. He said staff inembers who worked on this ordinance helped committee members crystalize their ideas, and the Committee wants to express its appreciation to City Manager John Wohlmuth, Directorof Community Development Lauri Aylaian,and especially to Administrative Secretary Monica O'Reilly and Principal Planner Tony Bagato who kept the Committee on target. Additionally, the contributions of Mayor Tanner and Mayor Pro Tem Weber who had the position of being a liaison with the Committee and being involved in discussion. He believed they have done their work and urged the Council to approve the proposed Ordinance. MR. DAVID FLETCHER, The Shops on EI Paseo, stated he has always focused on this as a grocery store issue and applauds the Council's position in trying to reduce the use of the single-use plastic bags. However, he has mixed feelings on the fee that will be charged for paper as an incentive to encourage people to use reusable bags. He personally didn't think he would be swayed to use reusable bags by being charged ten cents; he will either use reusable bags because he's a conscious person or not. What was brought to his attention is that this Ordinance will stem over to retail stores such as stores at Westfield, The Gardens, and EI Paseo. He understands all of the stores with a paper bag would require a separate line item charging ten cents for that paper bag. In other words, someone buying a $1,000 dress would have a separate line item on the receipt for ten cents for the bag, which will be tracked and auditable by the City Manager. He could see someone using reusable bags at a grocery store, however, he felt it lead to shoplifting issues. He went on to say he didn't think retailers at Westfield Town Center would want their customers carrying duffle bags so they can save ten cents on the bags at Macy's and other stores there, because stores on EI Paseo didn't. He said shoplifting was a huge issue on EI Paseo and those going into stores with bags are the first targets for managers to keep an eye on. He spoke with Mr. Bob Fliday of The Gardens who felt the same way, but he has not spoken to the manager at Westfield, yet he believed there are many other retailers that felt the same. He brought this issue to Mr. 20 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Bagato's attention, and in their discussion, he said other cities grumbled about it, but were told tough banana's, which he didn't believe was the perspective of this City Council. He would leave to the Council on how to handle the use of plastic bags with the grocery stores, but urged the Council to modify the proposed Ordinance so that it didn't apply to stores other than grocery stores. MR. ERIC COREY FREED, US Green Building Council, stated he was a proud member of the Sustainability Committee and one of the authors of the draft policy before the Council. He said on average about 500 bags are used per person, and he knew that sounded like a lot, but it was only about ten a week. He said 99% of those bags didn't get recycled and costing everyone money. He also had the pleasure of sitting on the Environmental Committee for Mayor Newsom in San Francisco where he saw the plastic bag ordinance get adopted, watched it go through the process, and heard the fears that grocers and retailers had amounted to a glorified Y2K problem. Yet once it was adopted,there was no problem and everyone accepted it. He said even the tourists got charged once and learn never to do it again, and hopefully took the concept back to their City. He said the Ordinance has the support of the California Grocer's Association, Safeway, Von's, Ralph's, and every other major chain. He believed grocery stores want to see this go through, because plastic bags cost them money as well. He encouraged the City Council to vote yes to join the other 100 California cities, including Desert Hot Springs and Indio. He said Palm Desert was known for its innovation and encouraged the Council to continue in that path by voting yes this evening. With no further testimony offered, Mayor Tanner closed the public hearing. Councilman Spiegel asked if the stores on EI Paseo were required to charge for a paper bag. Mr. Bagato answered yes, stating that in his research of other jurisdictions, he learned it would be easier to keep it uniform instead of trying to separate retailers versus grocery stores from not paying, because it can muddy the ordinance. Many of the jurisdictions he spoke to, as well as legal council, thought it was best to keep the ordinance clean and straight across the board. When he spoke to the City of San Jose, one of their high-end retailers was very upset, but several other cities in Palo Alto that deal with a similar EI Paseo, didn't have a problem, because it's being done everywhere else. Staff felt it was easier to keep the ordinance simple and implement the same regulations. Councilman Spiegel asked if Gucci could give a bag away, or would they have to charge ten cents. 21 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Mr. Bagato explained Gucci can give away a reusable bag or paper bag for a charge. A reusable bag would be at a higher cost to the retailer. He said LuLu Lemon's now gives out reusable bags. He understands Macy's bag met the durable requirements, so they wouldn't be required to charge. Further responding, he confirmed durable bags are more expensive and can be given away. He noted some jurisdictions charge up to twenty-five cents; however, charging ten cents has been sufficient to bring 90% to 94% compliance. Councilman Spiegel said if retail stores used durable bags, then they wouldn't have to charge the ten cents. Responding to question, Mr. Bagato said businesses can use boxes forfree such as the ones offered by Costco. Additionally, a customer can choose no bag and there wouldn't be a charge. Mayor Tanner stated he felt it would be difficult to monitor if retailers were not charging clients. Mr. Bagato agreed it would be difficult to enforce with the City only having four Code Enforcement Officers and three planners, but staff usually only responds to these things if a complaint is received. Staff will focus on educating retailers of the line item charge, but if there is a complaint, staff can have a business audited to show proof they are complying. Mayor Tanner noted that most of the paper bags provided by high end stores are usually more expensive than ten cents, because it's an advertising tool. He felt it would be counterintuitive to try to enforce them to charge ten cents. Mr. Wohlmuth stated he and CVAG's Vice Chair Harnik heard the same information that a bag 2.25 mil thick or anything larger, which Macy's happens to have, is not covered under Palm Desert's or CVAG's model ordinance. Apparently, it's not going to be covered under the State's either, if it passes. Mayor Tanner said he was not against enforcement of the ordinance in grocery stores, because it's those bags that are a nuisance. However, at the same time, it rested on the shoulders of the people that are distributing the paper bags. Mayor Pro Tem Weber stated she's usually opposed to an ordinance, because an ordinance needs enforcement. And she finds it very embarrassing the City will be enforcing an ordinance on plastic bags given that the City is known for innovation. However, with the City's education component, many are carrying their own little bags, and it was just a matter of time before everyone followed suit. She asked for further clarification on the ten-cent charge, which will go to the store, because a three-cent bag will 22 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 then give the store a seven-cent profit. However, she couldn't find the language where it stated that the store must charge or the City will audit to ensure compliance, which she thought would be extremely inappropriate. It was her understanding the only reason Palm Desert was passing this Ordinance is to defend itself against a State ordinance that may or may not get passed. Otherwise, she would not be supporting an ordinance where staff will check every store to see if they are charging ten cents. She also wondered why it didn't qualify as a tax if the City made a mandatory charge. Mr. Bagato explained it would only be a tax if the funds went to the City, but the ten cents stayed with the store. Mayor Pro Tem Weber stated the City is mandating that a store charge a fee, and if it didn't, the City will audit and penalize the retailer; she was having a difficult time with that logic. Additionally, she said the only reason the Council was voting for this was to protect the City against SB 270, which has the same language. Mr. Bagato agreed the State ordinance has the same language for grocery stores, convenient stores, and liquor stores, but Palm Desert's ordinance applies above and beyond that into retail. However, he wouldn't say Palm Desert was passing this ordinance for protection against the State's bill, because the City was working on this before the State had this issue. He said this issue was a work in progress, and staff was directed to pursue it regionally. CVAG then took on the issue with a model ordinance, and other jurisdictions have already adopted it; Palm Desert was falling in line. The specific language can be found under Permitted Bags, Section 5.12.040, page seven of the Ordinance where it states, "All Stores shall only provide or make available to a customer a Reusable Bag or a Recycled Paper Bag for ten cents." He said it was not staff's intention to go store to store checking on whether or not they are using paper bags. This issue would be a matter of complaint driven after having been informed by staff of the regulations. He said that in his discussions with other jurisdictions and larger businesses,they prefer a uniform system. If the City didn't charge ten cents, grocery stores would be the heaviest impacted. Grocers have informed him that to deliver one truckload of plastic bags, it took seven truckloads to deliver the same amount of paper bags. Therefore, there is an impact cost with both bags with the use of gasoline for delivery. He said from an overall sustainable standpoint, and on behalf the Sustainability Committee, environmental impacts was the issue that was brought forth. In Palm Desert alone, according to the numbers, there are $19 million bags being used every year. The education component is helping that, but without an ordinance, he didn't believe people would change their habits to get it below $1 million. He said the State will pass a similar ordinance, but Palm Desert's ordinance provides more control and more flexibility. 23 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 Councilman Spiegel stated Jensen's offered its customers paper or plastic, and if one chose paper, he questioned if they will now have to charge for it. Mr. Bagato answered yes. Further responding, he confirmed one can choose to purchase a reusable bag. Mayor Tanner commented the enforcement of this is going to be difficult. Councilmember Harnik stated Mr. Fletcher brought up very good points, and one is the shoplifting aspect, so precautions will need to be taken with that issue. She said the Council worked hard to be business friendly, but it also worked hard to be environmentally friendly. However, someone going into Gucci is not going to begrudge the ten cents for the very nice bag with the rope handles. She pointed out Chico bags didn't weigh much, so that didn't really carry anything in the argument, which she felt was not a real issue. She said Costco, one of the City's biggest revenue generators has never used bags; therefore, they have found a way around it all. She said it's unfortunate that a dime was going to be the motivation for making the change, but it seems to be the case. At this time it is unknown whether SB 270 is going to be passed, and it shouldn't be the City's motivation. It would be nice to be ahead of the game to prepare community members and merchants for when it does pass. She said one had to answer to our children,which was a bigger issue, stating we didn't have the right to destroy where children will grow up. Mr. Bagato added the City received a letter of support from the Operation Managerfrom Intrawest at Desert Willowwhere theywill start providing bags in the rooms free of charge. He said there a lot of businesses on the tourism side that are excited about it. He said the City will be making reusable bags available to residents for free and some will go on sale at the Visitor Center. Staff is planning 20 events, setting up a kiosk at the grand opening of Whole Foods, and giving out 5,000 to people who comes into the City. He said staff will work and focus on education, education, and education. Councilmember Harnik moved to waive further reading and: 1) Adopt Resolution No. 2014 - 28, approving a Negative Declaration for CEQA (California Environmental Quality Act) purposes; 2) Pass Ordinance No. 1271 to second reading, adding Chapter 5.12 to the Palm Desert Municipal Code to reduce single-use plastic bags by retail establishments. Motion was seconded by Spiegel and carried by a 5-0 vate (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 24 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 XVII1. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 17-28, 2014. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: None 25 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 4. City Council Comments: a) Citizens' Sustainability Committee - Mayor Pro Tem Weber expressed sincere gratitude to the Committee and its Chair, Bob Leo, for all the time they put forth in the single-use plastic bags issue. She said they discussed the matter at great length, Committee Members met several times in Palm Springs on their own time and effort, and worked very hard to prepare the ordinance considered above on today's agenda. b) Management Analyst Deborah Schwartz's Radio Interview — Mayor Pro Tem Weber noted that Ms. Schwartz was interviewed on K-NEWS Radio 970 last week. She said while the interviewer seemed to have a somewhat disjointed approach, Deborah just kept bringing the conversation back to the topic very calmly, was a very gracious guest in all respects, going on to remind everyone about "F1RST WEEKend" in Palm Desert and discussed the City's Art In Public Places Program. She really appreciated Ms. Schwartz's professionalism, adding that it spoke very highly of the City that it has such accomplished representatives. She thanked Deborah for her time on the radio. 5. Sugaested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Weber, and unanimous consent of the City Council, Mayor Tanner adjourned the meeting at 5:37 p.m. VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 26