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HomeMy WebLinkAboutPrelim - CC - 01-09-2014 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 9, 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 arrived at 3:01 p.m. Mayor Pro Tem Susan Marie Weber 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 Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Tanner, Ms. Klassen confirmed that all the agendas for today's City Council, SuccessorAgency, and Housing Authority Meetings had been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: 44900 San Clemente Circle (APN 627-074-006), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency Praperty Owner: Lynn Palmer Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 C. 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. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - U . S . A r m y R e s e r v e C a p t a i n Michelle Cherland VII. INVOCATION - Councilman Robert A. Spiegel With City Council concurrence, Mayor Tanner suspended the agenda at this point in the meeting and took up Section IX - Awards, Presentations, and 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Appointments. Immediately following, he resumed the agenda order with Section VNt - Oral Communications-B. VIII. ORAL COMMUNICATIONS - B MR. MICHAEL SMITH, resident of Neighbors Gardens Apartments, Palm Desert, addressed the Councii about what he felt to be a public safety issue at the intersection of Fred Waring Drive and Acacia. Recently while riding his bicycle in the area, he came upon a serious traffic accident that, after speaking with other witnesses at the scene, was a result of cars being stacked for the light at Fred Waring/Monterey in eastbound lanes 1 and 2, and when the left-turning vehicle didn't see the car approaching in the 3rd lane, it turned in front, causing the collision. He added that the car in the 3rd lane also couldn't see the car attempting to tum left in front of it either. Therefore, he suggested the City install some special "Cross- traffic" signs in the median there to alert people of this issue. He referred to the map drawing he'd provided each Councilmember to help better illustrate the need. Mayor Tanner thanked Mr. Smith and said the suggestion would be passed on to staff for consideration. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY U. S. ARMY RESERVE CAPTAIN MICHELLE CHERLAND OFAN AMERICAN FLAG FLOWN OVER HER POST IN AFGHANISTAN DURING HER MOST RECENT DEPLOYMENT WITH THE 311 EXPEDITIONARY SUPPORT COMMAND, 2012 - 2013. Mayor Tanner introduced U. S. Army Reserve Captain Michelle Cherland to the audience as she then led everyone in the Pledge of Allegiance to the Flag of the United States of America. He went on to say that while she comes to the meeting today as a school teacher, she is also a long-term member of the Armed Forces and would be presenting to the City, on behalf of Lieutenant Colonel Douglas "Rock" Thies, a U. S. Flag that was flown in the skies of Afghanistan July 8, 2013, on a combat sortie aboard an F-16 CM, Block 50 Fighting Falcon, assigned to the 480'h Expeditionary Fighter Squadron, KandaharAir Field,Afghanistan, in support of Operation Enduring Freedom. He said this was the station where Capt. Cherland served in her latest overseas deployment, her third, during 2012-2013. He said it was with the greatest honor that the City was pleased to receive this presentation and would make a special place for it in its offices. Further, he noted that Capt. Cherland was born and raised in California, has been a teacher here for many years, in addition to her continued service to our country — a highly decorated member of the U. S. Army, including receipt of the Bronze Star in her latest tour. He added that he was pleased to personally know Capt. Cherland and her family, who were close friends of his daughter in-law. He 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 then graciously accepted the framed U. S. Flag and Certificate, and Capt. Cherland also presented MayorTannerwith finro U. S.Army"Onesies"forthe Mayor's new grandson, Jack Van Tanner. B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF JANUARY 2014 AS "NATIONAL MENTOR MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Judy Tobin May, representing Big Brothers Big Sisters of the Desert, who graciously received it and thanked the City for the recognition. C. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, JANUARY 9, 2014, AS "SANDRA LYNN SNODGRASS DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Ms. Snodgrass, congratulating and thanking herfor 17 years of service as a Community Service Officer with the Palm Desert Police/Riverside County Sheriff's Department in the City. Ms. Snodgrass graciously accepted and said she was delightfully surprised to be so recognized, especially because she loved the City and was very proud to be associated with it. She also thanked Captain Vest and said she'd loved her job and had worn her badge and patches with great pride. D. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, JANUARY 9, 2014, AS "RENOVA ENERGY CORPORATION DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Vincent Battaglia, CEO and President of Renova Energy Corporation, in appreciation for their donation of Artist Deborah Flowers to create a special design and paint the traffic signal cabinets located at the intersection of Larkspur Lane and EI Paseo. Mr. Battaglia thanked the City for the recognition and introduced Artist Deborah Flowers, who was also in attendance today. E. PRESENTATION TO THE CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 14 - 23, 2014. MS. MAKENNA McINTYRE, Queen Scheherazade; MS. CHRYSTABELLE RAMIREZ, Princess Dunyazade; and MS. LiNDSEY KLEIN, Princess Jasmine, each greeted the City Councii and 4 PRELIMINARY MlNUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 provided background on themselves, and personally invited them and all present to visit and enjoy the upcoming Fair, the 68`h Annual, February 14-23, highlighting the many events and activities to be held there this year. They thanked Councilmembers for the opportunity make this presentation and offered to answer questions. Mayor Pro Tem Weber added that she is a member of the Coachella Valley Model Railroads Club, which has a large display in the Hobby Building that she said was fantastic and hoped everyone would come out and see them at the Fair too. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 12 and December 26, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 124, 128, 129, and 134. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Legacy Siam, 36901 Cook Street, Suite 10, Palm Desert. Rec: Receive and file. D. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by VP Clubhouse, 4001 Via Portofino, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of November 13, 2013. 2. Marketing Committee Meeting of November 19, 2013. 3. Youth Committee Meetings of October 7 and November 4, 2013. Rec: Receive and file. 5 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 F. REQUEST FOR AUTHORIZATION for Mayor to Execute the Cooperative Agreement for Operation and Maintenance of Traffic Signal and Safety Lighting Between the City of La Quinta and the City of Palm Desert for the Traffic Signal at Washington Street and Mountain View/Palm Royale Drive (Contract No. C33220). Rec: By Minute Motion, authorize the Mayor to execute the subject Cooperative Agreement between the Cities of La Quinta and Palm Desert for Operation and Maintenance of the Traffic Signal and Safety Lighting at Washington Street and Mountain View/Palm Royale Drive. G. REQUEST FOR APPROVAL of the Program Supplement Agreement No. N010 for Congestion Mitigation and Air Quality(CMAQ) Funds Between the State of California Department of Transportation and the City of Palm Desert for Construction of the Monterey Avenue at Interstate 10 Ramp Modification Project (Contract No. C22310J, Project No. 669-02). This item removed for separate discussion under Section XI - Consent Items Held Over. Please see that portion of the Minutes for subsequent discussion and action. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32700 — Vehicle Speed Feedback Assemblies at Various Locations Citywide(Project No. 595-13) (Sierra Pacific Electrical Contracting, Riverside, CA). This item removed for separate discussion under Section XI-Consent Items Held Over. Please see that portion of the Minutes for subsequent discussion and action. Ms. Klassen stated that staff wished to hold Item G for separate discussion, as an amended recommendation was going to be given from that which was on the agenda. Councilman Spiegel asked for Item H to be held over. Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None),the remainder of the Consent Calendar was approved as presented. 6 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 XI. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL of the Program Supplement Agreement No. N010 for Congestion Mitigation and Air Quality(CMAQ) Funds Between the State of California Department of Transportation (Caltrans) and the City of Palm Desert for Construction of the Monterey Avenue at Interstate 10 Ramp Modification Project (Contract No. C22310J, Project No. 669-02). Mr. Greenwood stated that the request now involved adopting a resolution, which approves the Program Supplement Agreement between the City and Caltrans forthe Federal funding componentofthe Monterey/I-10 Interchange Project. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014 - 01, approving Program Supplement Agreement No. N010 between the State of Califomia Department of Transportation(Caltrans)and the City of Palm Desert. Motion was seconded by Harnik and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32700 — Vehicle Speed Feedback Assemblies at Various Locations Citywide(Project No. 595-13) (SieRa Pacific Electrical Contracting, Riverside, CA). Councilman Spiegel noted that this project involved setting up speed feedback signs at all of the schools but didn't think they were currently working. He noted that he'd traveled Portola Avenue frequently lately and didn't see how fast he was going or whether he should slow down near the many schools along that thoroughfare. Mr.Greenwood responded that the signs are programmed to only be working when children are present; because they indicate 25 miles per hour when children are present. The sign is only on for about two hours in the morning, when kids are traveling to school, and two hours in the aftemoon, when they go home. Upon inquiry about kindergartners attending half days, he offered to look into this issue. Councilman Spiegel moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Harnik, who went on to say it's great to see the feedback signs next to the schools, and at a recent assembly at Washington Charter Elementary School, Principal Lehmann and the entire school thanked the City for installing them. Mayor Tanner called for the vote, and the motion carried by 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 XII. RESOLUTlONS None XIIi. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. PRESENTATION OF SOUTHERN CALIFORNIA EDISON UTILITY UPDATE REPORT BY REGION MANAGER, LOCAL PUBLIC AFFAIRS REPRESENTATIVE JENNIFER CUSACK. Ms. Cusack referred to a PowerPoint presentation, which was also in printed form and distributed to Council, and is now on file and of record in the City Clerk's Office. Highlights from the presentation included that Southern California Edison(SCE)covers about 50,000 square miles,has about 15,000 employees, and as a leader in renewable energy, is the number one purchaser of solar in the United States. Further, she related that safety is SCE's number one priority, second is service reliability, and third is affordability. She said safety is directly related to planned power outages— time for necessary maintenance to their system to ensure power is available on a regular basis for the majority of people and during critical times of business, with maintenance done on a regular basis and system inspection performed constantly. She said SCE.com is a fairly new tool that provides information to customers;they can go to the website to get information on an outage map that shows the entire service territory, both planned and unplanned outages, gives the approximate estimated restoration time, number of customers affected, and cause. She added that there's also a mobile application that can be downloaded to Smart phones, and people can also report outages there, such as a streetlight someone may see while driving through town and can report by nearest intersection. She went on to say that a major focus for SCE right now is emergency preparedness, communication and improvement thereof. They've made a lot of effort internally to improve their external communication (e.g. SCE.com), also preparing for the occurrence of an emergency and communicating with the local agencies, interacting with their emergency operations centers and 8 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 disaster preparedness teams. She said they're continuing to work with the Counties and Cities to better integrate SCE's response and communication with local agencies in the time of a disaster, noting that their crews respond to emergencies every day, like cars hitting utility poles or related outages. However, they're continuing to focus on communication with the local agencies, and she encouraged the City to provide feedback to help them achieve this objective. She elaborated on their goal of "keeping the lights on," with obligations of infrastructure upgrades, power supply and growing demand, and rate pressures, all under oversight of the California Public Utilities Commission (CPUC), with SCE's interest in working collaboratively with them to make sure that rates are fair and equitable. She added that SCE is hopeful about rate reform, as there is a disparity for Inland customers due to the tiered-rate system. They are concerned that those in the high-tier rat�s just for basic needs are paying a disproportionate share of infrastructure costs, because the cost of electricity to customers is merely a pass-through cost, not marked up. She related that infrastructure costs are where SCE makes a profit, but one that is set by the CPUC, a modest return on investment for their investors. It is challenging to keep rates down, but they're cognizant of this fact and are working closely with the CPUC to make sure they can revise their rate structure, which had been previously locked by legislation. She said they hoped to have some relief from the severe tiered-rate system this year with the passage of Assembly Bill 327 that wiN allow the CPUC to at least look at and have open hearings to revise those rates. With regard to a reliable power supply, she reported that they have multiple sources of power—they still have some nuclear power from Arizona, have hydro and natural gas sources, but they've just sold off their interest in the last coal plant, so the mix has very little, if any, coal-based power at all. On infrastructure replacement, they've been doing and are going to be doing a lot of it within the coming year. Much of their last rate case involved large money for this purpose — a lot of pole and vault replacements, and work within the City, which will involve more planned outages and was the reason she wanted to make this presentation to alert the community. There will be a lot more planned outages within the next month or two. She stated that they're improving their grid with better technology that helps monitor the system remotely and better manage the power supply and deal with the intermittent nature of renewable energy. She said the Smart Grid allows them know the power demands in a given area and shift power as necessary in real time. She displayed photos of SCE's different types of transformers— pole top, pad mount, and underground — that ensure the proper voltage is being received by each type of customer, and it's one of the most important elements of their service. She said along with affordability, energy conservation is very important to SCE—the cheapest kilowatt hour being the one not used — and there are various customer programs to help people save both money and energy. She added that there are also a lot of incentives for businesses; they're a large part of our community, and SCE wants to make sure that they're well supported. The SCE website has 9 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 bench-marking tools and account representatives for major businesses that they can go to in an effort to reduce their energy use. Additionally, their website also has information on solar, and some is available at their local planning office. Lastly, Ms. Cusack reported that SCE is committed to the community, and through their Community Giving Program have donated more than $19 million to communities within their service territory. Their priorities for giving are education,the environment, public safety, emergency preparedness, and civic engagement. She said recently they provided a $25,000 grant to College of the Desert Foundation for grants to local studentsforSTEM(Science,Technology, Engineering,and Math)Programs to encourage study in these fields. She added that SCE is also a founding partner of the American Red Cross's "Prepare SoCal" program, in concert with their outreach for emergency preparedness. In answer to question about SCE's intent to pay customers back for generating more solar power than they use, she responded that the challenge right now for solar customers is that there is a tariff. She explained that when those customers produce power,they are credited back for a greater amount than SCE would have to purchase it from somebody else. She said it was meant to provide an incentive for installing solar power and make it affordable for people to do so. Further, SCE buys directly from large-scale solar providers; but it's . different on a residential-scale, because solar presents a technical challenge that strains the system. She said it's hard on SCE's system because a solar producer is now feeding back into a system that was meant solely for delivery — the transformers, wires, and substations. Therefore, she said they're actually having to increase their infrastructure investment in order to accommodate solar. She quickly pointed out that solar power is very good; iYs good forthe environment,and thaYs what everyone needs to remember— and the reason for the incentives through the govemment and tax incentives—because it's an effort to even the playing field of energy choices to have the option of solar now and in the future. She said a lot more of it was anticipated going forward, but it's not necessarily free or less expensive, or necessarily always profitable; it's more about the environment. Further responding to a question about her thoughts on undergrounding, Ms. Cusack said that Edison supports whatever direction the City would provide. She said they have a Tariff-20 through the CPUC that allows for undergrounding, and there are certain funds set aside through their rates to actually pay for undergrounding in cities per specific criteria: major thoroughfares, parks, for beautification, scenic areas. There is a Rule 206 for residential areas, and that is often paid for by the customer. Ms. Cusack was aware that Palm Desert has a project right now that Edison and the City have been working very cooperatively on; and SCE would support any direction the City provides. Responding to inquiry, she said SCE could not financially support the project; it cannot use rate-payer money to do this. 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 In answer to request for clarification about the money available for beautification, Ms. Cusack explained that there is none available for undergrounding in a residential neighborhood. She said SCE was a highly regulated utility, with the Rule 20 Tariff set by the CPUC, meaning that SCE doesn't have the option to pay for such projects. She went on to say that she'd provided a copy of that Tariff information to the City and would be happy to provide it to Councilmembers. She said it provides very specific examples of where Rule 20A monies can be used, where a project may be considered Rule 20B or Rule 20C. She felt the idea behind the Tariff when it was developed was for beautification, especially where there's high congestion of power lines. She added that there are also regulations goveming cable television and telephone company services,which have their own programs to underground their facilities in cooperation with SCE, and they often used shared trench to share the costs. Mayor Tanner thanked Ms. Cusack for the presentation. No other Council action was required nor taken. B. REQUEST FOR AUTHORIZATION TO SUSPEND PALM DESERT MUNICIPAL CODE CHAPTER 25.68 - SIGNS, SECTION 25.68.050(M) - PROHIBITED SIGNS, FOR A PERIOD OF ONE YEAR(JANUARY 9, 2014, THROUGH JANUARY 9, 2015) T4 ALLOW THE DISPLAY OF TEMPORARY OFF-SITE SIGNAGE FOR RETAIL BUSINESSES IN CERTAIN SITUATIONS. Assistant Planner Kevin Swartz stated that staff was again proposing allowance of off-site signage for retail businesses that do not front on a primary street, just like the program done in 2010. The temporary off-site signs would resemble real estate signs, with temporary off-site signage not being allowed for real estate companies, commercial brokers, or other advertising purposes; and all off-site signage will not be allowed within the public right-of-way. He referred to color photos of examples of signs utilized in this program in 2010 contained within the staff report and displayed on the overhead projector in the Council Chamber. He said staff recommended approval of the one-year suspension of P.D.M.C. Chapter 25.68.050(M)and offered to answer any questions. Councilmember Harnik moved to, by Minute Motion,concurwith and approve staff's recommendation to suspend for a period of one year(January 9, 2014,through January 9, 2015)Palm Desert Municipal Code Chapter25.68-Signs, Section 25.68.050(M)-Existing Off-site Signage Prohibition, allowing retail businesses that do not have building frontage on a primary street temporary off-site directional signage not located within the public right- of-way, as requested by several small business owners. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 C. CONSIDERATION OF THE APPROVAL OF REQUEST BY AMERICAN JAZZ INSTITUTE FOR SPONSORSHIP OF THE 2014 JAZZ FESTIVAL IN THE AMOUNT OF $20,000. Ms. Riddle reviewed the staff report for the $20,000 sponsorship request. She recalled for City Councilmembers that staff proposed a similar event last year in the month of November at Desert Willow. However, at the last minute, Emst & Young decided to again hold their large conference in Palm Desert and utilize Desert Willow as their golf course, which precluded it from also hosting a 2013 Jazz Festival. This year staff is proposing such an event in May 2014 with two different venues, and she particularly noted that the dates have changed from those appearing on the printed staff report in the agenda packet (May 10-11). She said the dates now being proposed are Saturday. May 17, at The Living Desert, which will be in the evening hours to take advantage of cooler temperatures from 6:00 p.m. - 10:00 p.m. And on Sunday, Max 18, the event would occur from 11:00 a.m. - 3:00 p.m. at Desert Willow, proposing to use more of the indoor facilities for cooler surroundings. She noted that the original proposal of Sunday, May 11, is Mother's Day, and because Desert W illow is very busy with that event, so the Festival was moved to the following weekend instead. Responding to Councilman Spiegel's question about background of the event organizers, Ms. Riddle answered that she'd asked Mr. Jeff Hocker, Hocker Productions, and Mr. Mark Masters, Board Member of the American Jazz Institute, to provide more details about the event, including marketing. MR. JEFF HOCKER, Marketing & Public Relations, The American Jazz Institute, Palm Desert, stated that there currently is no jazz festival in the Coachella Valley. He said there used to be a smooth jazz festival, but no longer; now it's more just a music festival. Therefore, the idea was brought to the City, because The American Jazz Institute is actually located in Palm Desert. As background, he said The American Jazz Institute has given over $24,000 in music scholarships over the last five years; nine of those students have been from Palm Desert High School, of which about $4,000 has been given to those students to really foster the growth of jazz in the schools. He introduced Mark Masters, President of The American Jazz Institute and who started the organization about 15 years ago, and another Board Member, Pete Carlson, here today. MR. MARK MASTERS, President, The American Jazz Institute, in answerto question, confirmed that the Institute performs at an event sponsored by Pete Carlson's Golf & Tennis. In response to further question, MR. CARLSON confirmed that his organization provides a venue for the jazz performance. 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Councilman Spiegel moved to, by Minute Motion: 1) Approve sponsorship in the amount of $20,000 to the American Jazz Institute for the 2014 Jazz Festival to be held Saturday, May 17-Sunday, May 18; 2)appropriate$20,000 from the Unobligated General Fund for said sponsorship. Motion was seconded by Harnik. Mayor Pro Tem Weber stated that one of the comments made when this idea was being considered was that it was expected to become a signature event for Palm Desert. Normally, she wouldn't support giving money to just anyone, and she didn't particularly like jazz music; however, she was aware that many people adored it. Therefore, since it was being called a"signature event" and seems like an investment on the City's part to bring it back year after year, she would support it. She appreciated the Applicants coming in to explain their intent. MR. MASTERS said The American Jazz Institute is committed to the City if the City is helping them and wants the event to be held in Palm Desert; they plan to stay put. He added that it wasn't their plan to only be here for one or two years if somebody else came along to try to lure them to another venue outside the City; it isn't the way they do business. He reconfirmed that if the City is committed to them, they're committed to the City, especially since their office is in Palm Desert, they have a series at Pete Carlson's store, a series at The Living Desert now in its second year, and they plan to remain. Councilman Spiegel stated that Mammoth Lakes has a major jazz festival every year and brings in artists from all over the country, particularly New Orleans. He asked Mr. Masters if The American Jazz Institute planned to grow an event in Palm Desert similarly. MR. MASTERS said Palm Desert's event would grow, cautioning that the growth needs to be modest. Right now, they were proposing a Jazz Festival—straight-ahead jazz and blues. He noted that the concept of"jau' music means many things to many people. At some point down the road, he stated that if attendance grows to 2,500 or 3,000 people, then other musical tastes will need to be met. So they are open to expanding the event. He believed Mammoth Lakes is more of a traditional jazz festival, making it different in that regard. He added that one of the Institute's Board Members, Alan Schultz, was treasurer at the Monterey Jazz Festival for several years, which is now in its approximately 55`h year. When Mr. Schultz was asked about the early days there, he said it was around 1,000 people at the Monterey Fairgrounds; now it's a world-renowned jazz festival. He added that everyone has to be patient while they do what they do best. He credited Mr. Hocker, Hocker Productions, for the opportunity to come before City Council with a proposed event in Palm Desert and felt good teamwork was involved to date. 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Councilmember Harnik said she appreciated the thought and the vision, and noted that everyone has watched Pete Carlson's Jazz Series grow. The City hopes the new event will grow in the same way, and she was certain American Jazz Institute will work to make it wonderful for Palm Desert. Mayor Tanner called for the vote on the motion to approve the Jazz Festival event in the City on May 17-18 and the$20,000 sponsorship, and it carried 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). MR. PETE CARLSON, 33-year Palm Desert resident, retailer, and Board Member of The American Jazz Institute,thanked the Mayor and City Council for their continued support. He added that they want to make this a great event and a great thing for the future. D. REQUEST FOR DIRECTION TO STAFF FOR OPERATION OF THE 2014 UNITED WAY CAMPAIGN AND OTHER EMPLOYEE CHARITABLE-GIVlNG EVENTS. Human Resources Manager Lori Carney referred to the printed staff report contained within the agenda packets. She recalled for Council that this item was coming at their request earlier in the year to discuss it before starting the 2014 United Way Campaign, which typically kicks off in February. She offered to answer questions. Mayor Tanner read an excerpt of a letter received just prior to today's meeting from Riverside County Fourth District Supervisor John J. Benoit, in support of the City's continuation of employee contributions. It said, "I personally encourage the Palm Desert City Council to enthusiastically support our local United Way. As a Board Member of the United Way of the Desert for 22 years, I know firsthand how valuable it has been in supporting many of the finest non-profit health and human service agencies in our Valley. I also know that Palm Desert has been an exemplary member of the Coachella Valley community, directly supporting many of the same non-profit organizations with direct financial support. Allowing Palm Desert employees the opportunity to voluntarily contribute makes very good sense." MS. KRISTAL GRANADOS, Executive Director, United Way of the Desert, on behalf of the Board of Directors, thanked the City of Palm Desert for its more than 30 years of support of the United Way Campaign. She went on to say that United Way of the Desert has been a philanthropic leader in the Coachella Valley for 70 years. They work with 22 non-profit community- impact partners to ensure that children here receive a quality education,that residents have access to health care, and to ensure families are financially 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 stable. She said United Way of the Desert-supported programs provided 19Q,000 instances of family interactions in 2013 here in the Coachella Valley. She noted that theirs is not a chapter of United Way Worldwide, as was reported in The Desert Sun today. United Way of the Desert is its own 501(c)(3) corporation, headquartered in Palm Desert, working everyday to create pathways out of poverty for Coachella Valley families. She stated that funds raised by United Way of the Desert stay in the desert and support programs, including Family YMCA of the Desert, Boys and Girls Clubs of the Coachella Valley, Martha's Village&Kitchen, FIND Food Bank,Shelter From the Storm, Desert Cancer Foundation, Visiting Nurses Association, and Desert ARC, to name a few. Therefore, when a private- and public sector- employer provide the benefit of a workplace campaign, they're empowering their employees to give back. Additionally, she said a workplace campaign is truly about the power of choice; employees can choose to support the United Way Community Impact Fund, or choose to support just education programs, or just health care programs, or just income stability programs. Further, they can also choose to designate to a specific 501(c)(3) of their choice, or they can choose not to give— it's completely up to the employee. She went on to way that the workplace campaign is effective, minimally invasive, and it's an employee benefit. She said United Way recognizes, as do their employer partners, that the local workforce wants to be part of the greater good; and they know that payroll deductions give many employees the ease and the means to do so —at their comfort-level of giving. Further, for a large number of employees throughout the Coachella Valley, writing a $500 check for a donation is too great a financial impact at one time. However, a payroll deduction of $20/pay period is budget friendly, it's also convenient , and the same tax-deductible charity donation they receive. So by eliminating the workplace campaign and convenience of payroll deduction, she noted that the community support dollars would simply disappear in most cases. She said Coachella Valley non-profit programs would lose essential resources, programming would decrease, and families here would suffer. In response to the question about workplace campaigns, she provided some history. Actually, she said there was an Executive Order signed in 1957 by President Eisenhower regarding workplace campaigns and Federal campaigns and encouraging them. President Kennedy then signed the combined Federal Campaign Executive Order in 1961, and President Nixon announced a major change in 1971 with the introduction and encouragement of payroll deduction as a form of charitable contribution. Therefore in closing, she said everyone wants their community to thrive, where kids can be raised in a healthy environment, get good jobs, and lead good lives. And everyone wants to live and work where they can contribute and make a difference every day; we're all connected with a shared responsibility and become a part of something greater than ourselves when we're able to give back. She said the Coachella Valley, the City of Palm Desert,the community non-profits,and the families need your support. She offered to answer questions. 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Mayor Tanner observed that United Way of the Desert looked long and hard to find a new Executive Director and felt they found the best one, noting that Ms. Granados was raised in the Coachella Valley. He welcomed her back. MR. JIM PALMER, 12+-year Member of the Board for United Way of the Desert, said that he's also recently retired as the Vice President and General Manager of Esterline Defense Technologies headquartered in Coachella, California, also known as Armtech. He noted that they've been around for many years, and their employee level fluctuates between 250-400 persons, with plants across the United States and one in England. He emphatically stated that Armtech employees very actively participate in supporting United Way through the payroll deduction program, and it is a very important part of their personality at their plant. He wished to comment today from the employer point of view. He said they at Esterline are very interested in supporting their community and their employees, who've made it very clear how much they appreciate being offered the opportunity to contribute to their community through payroll deduction. He referred back to Ms. Granados's comments, noting that for everyone the reality is that iYs just easier to give $100 in $2 or $5 chunks instead of at once, particularly if you don't see it first, and it's drawn out of your paycheck. He offered that when he met with employees, and they said what they appreciate so much about Armtech's commitment to the community, it was always how much employees appreciated and how valuable it was to them to have a payroll deduction program. That way employees can help serve those in need. He reiterated that payroll deduction provides that avenue for employees to give and a tremendous benefit to the community, and it's a great feeling for the employees at minimal cost to the employer. He said they supported the City continuing its present relationship. MR. CARL KARCHER, Menil Place, Palm Desert, said he'd been a resident of the Coachella Valley for 28 years and a Board Member of United Way of the Desert for over 20 of them. He related that his dad was invofved in the United Way in Orange County and raised millions of dollars for that cause. In the Coachella Valley, he said the Carl's Jr. Restaurants have their employee payroll deduction program that's also been in place for over 20 years since he's been on the Board. He said they get 100% participation from most of their restaurants, with very few being less than that. He pointed out that it may only be $2 per payroll per employee, but it adds up; and he was pleased to report that they are very proud of their employees and their 100% participation, the money raised here. It doesn't just go to one charity but many, as mentioned earlier. It was his strong hope that the City Council wiN support continuation of the payroll deduction plan, because that is the best way and only way to really help United Way of the Desert meet its needs. 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 MR. BILL HOUCK, Baranda Court, Palm Desert, said he looked around the amazing community of Palm Desert and felt iYs truly a reflection of many people's efforts, wisdom, and foresight to put together a tremendous City staff and all the accoutrements that go along with making this a wonderful place to live. He added that it was easy to look in the rearview mirror but more difficult to look ahead, as he was certain City Council was likely dealing with on many issues. But certainly with the history that Ms. Granados spoke of — the City being involved with United Way through employee-giving programs for three decades— he believed if it wasn't broke, it didn't need to be fixed. He said it seemed to be working, and United Way appreciates everything the City and its employees do for it and the community. He was here to congratulate those people who've elected to be part of United Way and hoped that the City will sustain this program and continue to look forward. Councilmember Harnik moved to, by Minute Motion,direct staff to make no changes to the current procedures for the United Way Campaign, allowing employee payroll deduction and allowing employees to conduct charitable fund-raising events during lunches and breaks. Motion was seconded by Benson. Councilman Spiegel was happy to hear that United Way of the Desert is a separate 501(c)(3) in the Coachella Valley, because he had a report that United Way President Brian Gallagher has an annual salary of $375,000, along with numerous expense benefits. In response to his request for confirmation that United Way of the Desert isn't contributing to this amount, Ms. Granados responded from the audience that they were not. Mayor Pro Tem Weber commented that when she originally brought this up to Council, her feeling is it's not the City's business to be collecting funds for any organization. It is not about United Way. She agreed with previous comments that United Way is an extremely important organization, and in looking at the tax returns, the donations iYs making to non-profits are significant. Agreeing with Councilman Spiegel, she said the overhead is minimal compared to a lot of similar organizations. She reemphasized that it is not about United Way; it's about the principal of what City duties are. She said the City's duties are to handle its business, not to be collecting funds for non-profits; because if it's done for one, it needs to be done for all. She felt the City couldn't just unilaterally say this is the best non-profit that our employees should be participating in. Further, when payroll deductions were set up many years ago, people didn't have access to direct deductions as there are now. For instance, for many, like she, who are in Rotary Club, iYs very clear that all members have to do is sign up and have an automatic deduction every month to support the Rotary Foundation. And she agreed with prior comments that the method is painless, it's easy, comes out every month, and iYs no big deal. She also had no problem whatsoever with United Way making a presentation to the employees and each of them who 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 are interested turning over a canceled check,just like people do for anything else that they participate in, and have their donation directly deducted from their checking account. But she felt the City needed to be exempted from the business of collecting monies for other organizations; iYs a big responsibility — the funds have to be collected, reported, and passed through — and we're not here to do that. The City's here to take care of things, such as signage and other municipal issues, and this was the reason she brought the issue forward. She was disappointed that it turned into an extremely emotiona( issue about whefher or not United Way was good or bad — but that was clearly not the issue, and she didn't think anyone here would disagree with that at this point. For that reason, she could not support Option #1 listed on the staff report, but she would support Option #2 to continue United Way presentations and allow employees to provide voided checks in order for them to have the continuation of deductions, but from their bank account or credit card as opposed to payroll services and City of Palm Desert handling it. Councilmember Benson begged to differ, believing that this is a City issue, and officials are here to serve the people of the community in any way that they possibly can. She said taking it on as a business, in which the City also likes to conduct itself, equates to being in the business of the people of Palm Desert. She felt that when the practice began, it was for ease of the program, adding that everyone knew it was easier to take $5 you never saw than to take $50 out of your pocket. She believed it is a City function, because we're here to serve the people. Councilmember Harnik noted for the record that she does fill out a pledge card and has a payroll deduction for the United Way, adding that she would far prefer to have the funds taken from her payroll than someone going into her checking account. With that in mind, she agreed that it is a little bit of an emotional issue, because people feel good when they give back to their community; iYs a team-building effort that makes staff feel good. Further, she said this very much is a community built on charitable giving, and she referred to a list of 19 charities that the United Way supports, many of which are the same ones the City contributes to in its Outside Agency Funding Program. Therefore, the City is only making its community better with this effort; it makes people feel good, certainly makes employees feel like part of the team and feel that they're making their community better, the same way they do when the City has a Blood Drive, and we feel like we're saving lives. She said as has been said, it's an absolutely voluntary program; and it allows the City to inspire, to be leaders in this desert—which is what Palm Desert is. It almost felt to her as if we were looking to find an issue where there isn't one, and she believed United Way did a lot of good in the community and absolutely supported it. 18 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Mayor Tanner added that when he was 13 years old, he was "Mr. Red Feather" (a widely recognized symbol of the Community Chest, which then became the United Way in most communities). He said it was a long time ago, but he went out to get coupons from all his paper route customers and was then saluted as "Mr. Red Feather." He said he goes back a long way with United Way and also wholeheartedly supports it. Mayor Tanner called for the vote on the motion to approve a continuation of the City's participation in the employee payroll deduction program for United Way, and it carried by 4-1 vote (AYES: Benson, Harnik, Spiegel, and Tanner; NOES: Weber). E. INFORMATIONAL DESERTWILLOW GOLF RESORT2012-2013 ANNUAL REPORT. Mr. Wohlmuth was pleased to introduce the new General Manager of Desert Willow Golf Resort, Derek White. He added that this was a recent announcement after a bit of a competition for the position. The City is very proud of Mr. White, who has spent a lot of time at Desert Willow and did a great job as Interim General Manager, as he also did in his previous positions there. Councilmembers congratulated Mr. White on his successfui bid for the position. Mr. White thanked Council, adding that it was very easy to work at such a beautiful establishment that the City has provided and to sell such an amazing venue—one of the top golf resorts in the country. He was honored to be named its General Manager. Speaking on behalf of the rest of the team there,the City's support of the Golf Resort has been fantastic, and they all look forward to continuing the best-in-class standard that's been set forth. With regard to the 2012-2013 Report, he said it provides a one-stop reference fortF�e programs and results that have been experienced at Desert Willow in the past year. He offered to answer questions. Councilman Spiegel moved to, by Minute Motion, receive and file the Desert Willow Golf Resort 2012-2013 Annual Report prepared by Kemper Sports Management. Motion was seconded by Weber. Councilmember Hamik said she appreciated the 2014 Market Assumptions, as she felt management was taking a very proactive approach and making some strong moves, which were necessary. Mayor Tanner added that the enthusiasm brought to the position by Mr. White is clearly evident, not that it hasn't been present previously, but to a new level, and he wished him and the team all the best in the year ahead. 19 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Mayor Tanner called for the vote on the motion to receive and iile the report, which carried by a 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). F. INFORMATIONAL REPORT REGARDING PALM DESERT MUNICIPAL CODE CHAPTER 8.40 - RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Associate Planner Eric Ceja commented that staff had prepared an informational report regarding Palm Desert Municipal Code Chapter 8.40 - Recreational Vehicles Parking on Private Property. He was also ready to review a PowerPoint presentatian if the Council so desired and would answer any questions. Councilman Spiegel moved to, by Minute Motion, receive and file the Informational Report regarding Recreational Vehicles stored on private property. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). G. INFORMATIONAL REPORT ON HOLIDAY DECOR PROGRAM. Mr. Aryan referred to the report in the agenda packets, outlining that the City's vendor will begin dismantling the holiday decor for storage beginning the week of January 13, followed by dismantling lighting along the EI Paseo median the week of January 20. He offered to answer questions. Councilman Spiegel stated he felt the decorations were the best the City ever had, and his colleagues agreed. Councilmember Hamik added that she'd heard from many EI Paseo merchants how much they loved this year's display and that they felt more included because it's on the entirety of the streef. She'd afso heard from some who'd requested leaving the display up for the duration of Standard Time and offered to pay for them. She could understand taking down the LED dripping icicle-type lights but asked for consideration of leaving the white lights wrapping all the trees in the median from now until Daylight Savings Time begins in March, because she felt it would be a tremendous asset to the City and makes EI Paseo an even more inviting, stroll-able environment. She said the merchants loved it, and anything that can be done to encourage people being on the street was a good idea. She pointed out and acknowledged the potential issues with tree health, as noted in the staff report, as well as the surrounding maintenance issues. She said another challenge may be coming up with an even more fabulous display for the holidays next year in order to make it special. For the time being, she wished to keep the lights in the median up during remainder of the observance of Standard Time. Mayor Pro Tem Weber liked the idea. 20 PRELIMINARY MlNUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 Councilmember Benson said she'd also heard the same comments and believed people would like to see the lights stay up. However, she was of the opinion that it takes the specialness away from Christmastime to leave the lights up. She fully agreed that it was the best display that Palm Desert's ever had on EI Paseo, and it cost a lot of money to do in upgrading all the electrical outlets and such there to make it happen. But the Christmas season should be what it is, the decorations should be enjoyed for that period of time and maybe try some other ways to bring attention to the area after the holiday decorations come down. Councilman Spiegel agreed with Councilmember Benson that it would be a mistake to take away from the Christmas season. Councilman Spiegel moved to, by Minute Motion, receive and file Informational Report on the City's Holiday Decor Program. Motion died for lack of a second. Counciimember Harnik felt it was about the holiday season and not necessarily any specific one. Councilmember Harnik moved to continue this matter to the meeting of January 23, in order to give Councilmembers a chance to speak with EI Paseo merchants and see what it means to them to leave the lights up, because they feit it was worthwhile. Motion was seconded by Weber. In response to Councilmember Weber's question about the issue of restricting tree growth, what time the lights are on, and increasing time for maintenance, Mr. Aryan answered that the lights are on a timer, coming on when it gets dark and going off at a certain time before sunrise. He said another consideration is landscapers performing annual tree pruning, which occurs in April or May, and it would be important to coordinate so as not to interfere with that project. Councilmember Harnik reiterated that was her proposal that the lights would be removed when Daylight Savings Time begins. But she agreed that it is important to make sure handling in the meantime isn't injurious to the trees. Mayor Tanner called for the vote on the motion to continue this matter to the meeting of January 23, 2014, and it carried by 3-2 vote (AYES: Harnik, Weber, and Tanner; NOES: Benson and Spiegel). XV. CONTINUED BUSINESS 21 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 A. CONSIDERATION OF THE APPROVAL OF $75,000 IN FACADE ENHANCEMENT PROGRAM (FEP) FUNDING FOR PROJECT LOCATED AT 73-811 EL PASEO(Justin Baldwin/Presage Real Estate, LLC,Applicant) (Continued from the meeting of December 12, 2013). Councilmember Harnik announced that she would recuse herself from this item and left the Council Chamber. Mr. Alvarez recalled for Council that late last year it reinitiated the Facade Enhancement Program(FEP), allocating 80%of the funding to Highway 111 properties and 20% to EI Paseo properties. The subject consideration represented a request to fund a facade enhancement project at 73-811 EI Paseo, site of the former Escada retail establishment that has moved to a location west of this one on EI Paseo; this building has been vacant for approximately two years. He referred to photos of the existing site and renderings of the proposed project contained in the agenda report and also displayed on the overhead projector in the Council Chamber. He went on to say the staff report outlines the significant architectural improvements that the property owner is proposing—exteriorfacades, landscaping, rear parking lot via some carports, and interior improvements that are proposed to bring a new retail establishment to the site named "Presage." He continued that the improvements to be made include significant modifications to the building's main entry design, significant changes to the second-story roof line,also new storefront window system, new plasterfinish, new architectural features in the form of stainless steel panels with brushed finish, and also some new canopies, along with the landscaping to be included. The project has been presented to the Architectural Review Commission and was approved. He then referred to the rear elevation illustrations - existing and proposed modifications - and noted that based on its lineal frontage, the project is eligible forthe maximum amount of FEP funding,which is$75,000. Staff is recommending approval of the FEP project, as it does provide a significant improvement and brings forward a modern architectural feel that is in line with the EI Paseo Corridor. He offered to answer any questions, adding that the property owner was also in attendance at the meeting to answer questions. Upon inquiry about how many individual stores this property would yield, Mr.Alvarez said it will be one single business forthe entire 7,100 square-foot building. Further, he confirmed that the City has 20% of $800,000 to be utilized on EI Paseo FEP projects and answered that there may be other potential projects on EI Paseo, but they're on a first-come, first-served basis; the subject project is the only one that has been presented so far. He continued to respond by saying that Cafe Des Beaux-Arts hasn't approached the City yet for FEP funding but that he would be more than happy to discuss it with them. In answer to question about what the City deemed to be facade and whether or not the interior improvements mentioned were calculated in 22 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 the overall eligibility for funding, he stated that he didn't have the specific breakdown of the amounts to be spent on exterior vs. interior, but the property owner could likely answer what the exact frontage improvements would include. However on the whole, he believed the exterior improvements are valued at well over $1.5 million, and he estimated that approximately one-fourth of that amount would be required to improve the front elevation as proposed. Further responding, he said the business going into the site is a mens and women's apparel and accessory retail establishment named "Presage." Mr. Wohlmuth clarified that the $75,000 amount being considered for approval is the maximum amount that is available for the applicant, based on the amount of frontage on EI Paseo to get to the maximum available sum. Since the frontage area is over 60 feet—this site is 150 feet— it qualifies for the maximum of$75,000. He went on to say that the other requirement in the FEP is that the City's contribution has to be matched by the property owner as an investment; and of the aforementioned $1.5 million value being put into the building, it would be easy to assume that at least $75,000 or substantially more would be put into the front face. Councilmember Benson said in her review of the project, she feared that it would turn into another Escada situation after five or six years. She said it was a very large building for one store to occupy, which is what happened to Escada. If the property was being broken up into three or four more stores, it would be a better fit for EI Paseo than this large building. MR. JUSTIN BALDWIN, Developer of the Presage Project at 73-811 EI Paseo, along with his flancee Valerie McNamara, said they're relative newcomers to the community but are excited to be here and looking forward to continuing the legacy that others before them have done in making EI Paseo one of fhe retail destinations in the world. He hoped that the elevations shown today somewhat reflect the strength of their opinion about what can happen with the site. He said they do have history in this industry for many years. With respect to the good question about having multiple locations instead of just one, he responded that in a sense, this will be multiple locations; because the establishment will be representing some of the finest designers and fashion houses across Europe. It won't be just one specific brand, like Escada was 100°/a there. He went on to say that in addition to multiple brands, there will be multiple disciplines — home fumishings, women's fashion, men's fashion—like a mini department store. He said as the eastem end of EI Paseo has not had much of a retail presence for a long time, definitely since Escada left, they felt that this was necessary. He added that the amount of money being spent on the front of the building was well over$1 million —the lion's share of the money would be going for the front facade, all new sidewalks, landscaping, etc., that is necessary to make the business successful and stand out against its 23 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 competitors that have done such a great job at the other end of the street. {n particular, he added that since their next-door neighbor Union Bank burned down about three months ago (and they have no idea what will happen there), it was important for them to put their best foot forward. He thanked City Council for its consideration of their application. Responding to question about other Presage stores, he said there weren't any currently, but it was hoped there will be. Councilman Spiegel asked staff about the future of the Union Bank site, and Ms. Aylaian said that they have informally indicated to staff that they would like to rebuild. In the meantime, she said they were looking at potentially bringing in a temporary, glorified ATM to service their clients on the lot while they regroup and get ready to submit to design and construct a new building there. Mr. Wohlmuth added that Union Bank's Vice President of Development contacted him and said that they need a bank, and they like the location. However, banking has changed substantially since that building was built, which was owned by Union Bank. He added that their comment about banking was that 10-15 years ago there was a need for 15-20 employees working on-site;today only around 3-4 employees are needed in the physical business. When Mr. Wohlmuth asked Union Bank if they were willing to sell the property possibly to a retail establishment, the answer was that they would like to rebuild but probably with a smaller floor plan. Councilman Spiegel moved to, by Minute Motion: 1) Approve the Facade Enhancement Program Agreement with Justin Baldwin (Presage Real Estate, LLC) in an amount not to exceed $75,000 for property located at 73-811 EI Paseo, Palm Desert; 2)appropriate$75,000 from the Economic Development Fund 425 for the subject Facade Enhancement Program project. Motion was seconded by Tanner, who encouraged the applicant to move forward as quickly as possible in order to have that end of EI Paseo grow, and he wished Mr. Baldwin and Ms. McNamara all the best in their endeavor. In answer to question, MR. BALDWIN responded that they were about to break ground very soon. Mayor Tanner called for the vote on the motion, which carried by 4-0 (AYES: Benson, Spiegel, Weber, and Tanner; NOES: None, ABSENT: Harnik). XVI. OLD BUSINESS None 24 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 XViI. PUBLIC HEARiNGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetin�Summaries for the Period December 2 - 27, 2013. Mr. Wohlmuth noted the Meeting Summaries Report contained in the agenda packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. Hotel and Signature Events Committee Mr. Wohlmuth recalled for City Council that at a meeting near year- end, it approved a Hotel and Signature Events Committee. Composition of its members was relatively specific: 2-Councilmembers, 2-General Managers of Hotel with 100+ Rooms, 2-General Managers of Hotel with under 100 Rooms, 1-The Living Desert, 1-McCallum Theatre, 1-Convention &Visitors Bureau (CVB), 1-Palm Desert Area Chamber of Commerce, and 1-At-large Tourism and Hospitality Industry Professional in the City. He went on to say that Senior Management Analyst Ryan Stendell drafted the memo just handed out to Councilmembers, and staff needed direction on a couple items. First, the designation of two Councilmembers to serve on the Committee. Second, given that the Membership cited is relatively specific, instead of going through a full-blown application process, he suggested that he be directed to send letters to the named entities(i.e.,The Living Desert, McCallum Theatre,CVB,etc.), asking that they each select an individual to represent them. He felt it would be a more efficient way to get the Committee going to do it this way. However, he recommended holding off on selecting the At- large Member until applications could be solicited. Councilman Spiegel believed Mr. Wohlmuth's suggestion was the best way to go. He added that both he and Councilmember Harnik have indicated their desire to serve on the Hotel Committee. Further, he said that he and Mr. Wohlmuth had gone to lunch with General Manager of the J. W. Marriott Desert Springs, who enthusiastically wants to serve on the Committee; and previous correspondence had 25 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 also been received from Palm Desert Area Chamber of Commerce President and CEO Barbara deBoom that conveyed her willingness to serve. Mr. Wohlmuth responded that with Council's authorization, he would send letters to the various entities. As for the J. W. Marriott Desert Springs, he believed the General Manager wanted to know the time commitment and proposed possibly the CFO or CEO there would want to serve instead. Therefore, he recommended sending a letter to the hotels, of which there were several in each of the categories of more than and less than 100 rooms, and an analysis would have to be performed on how many were interested and selecting two of each. Councilman Spiegel moved to, by Minute Motion, appoint Councilmembers Harnik and Spiegel to the newly formed Hotel and Signature Events Committee, and appoint Councilmember Benson as an Alternate. Motion was seconded by Hamik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Mr. Wohlmuth addressed the comment that if more than finro representatives from each of the hotel categories responds and a selection is made that there may be hard feelings from the unselected hotels, by saying that if he received responses from more than two that wanted to serve, he would place the matter back on a Council agenda to select the finro most appropriate. With City Council concurrence, staff was directed to send letters to the named entities of the Committee Membership for nomination of their interested representatives and return to City Council for selection in February if more than the allotted number for a seat respond with offers to serve. 3. Palm Desert Municipal Code Ch. 8.40-Recreational Vehicles (RVs� Mr. Wohlmuth noted that on the RVs item appearing under Section XIV - New Business, Item F, ea�lier on today's agenda, Council's action was to receive and file the report. He wanted to clarify that its intent was that staff begin enforcing the new regulation for those people who have not complied within the 12-month grace period given in 2010 at the time it was adopted. If so, staff would begin citing for violations in February. Councilmembers concurred this was their intent. B. CITY ATTORNEY None 26 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 C. CITY CLERK 1. Consideration of City Council Intemal/Extemal Liaison Appointments for 2014. Ms. Klassen refeRed to the table of City Council Assignments to its internal and external committeeslcommissions, and she handed out an updated version at the meeting that included the Hotel and Signature Events Committee, which was just covered, along with the University Planning and Development Committee, with appointees that were named at the December 12 meeting. Councilman Spiegel moved to, by Minute Motion, approve the proposed Internal/External Liaison Appointments, as shown in the hand-out just delivered and dated 08 January, 2014. Motion was seconded by Hamik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 2. City Standing Committee/Commission Application Process Ms. Klassen noted that Councilmembers had each been provided with the binder of applications currently on file with her office for any vacancies in the City's standing legislative bodies. She added that a couple more new applications had been received and distributed since delivering the binders. She asked for consideration of scheduling a Study Session for applicant interviews the week of January 27. Upon inquiry about the age of some of the applications on file, Ms. Klassen answered that all applications are kept on file as active for a full finro calendar years. Because there were openings on a body forwhich not many new applications were received, heroffice decided to retain as active some of them that were older than two years. In response, Councilmembers directed staff to work with their secretary to schedule a mutually convenient day for the Intenriew Study Session. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Captain Vest reported that the Police Department had transitioned into use of its new radio system last week. 27 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 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: a) Riverside County Transportation Commission — Councilmember Harnik reported that there was some good news in the world of Public Works in that the Local Transportation Fund Revenue and Measure "A" Revenues were up nicely. b)CVEP/DVBA Leqislative Meetinq—Councilmember Harnik stated that she and Ms. Aylaian attended the meeting this moming of the Coachella Valley Economic Partnership and Desert Valleys Builders Association, and there was a suggestion that the Governor may now be feeling badiy about eliminating Redevelopment Agencies. He may be looking at new ways to provide infrastructure planning tools. She cautioned that it wasn't as if they would answer all the City's economic development needs, but it may be a small tool to use going forward and make things a little easier in the future. 4. City Council Comments: a) "Shop With a Cop at Walmart" — Councilmember Harnik said she participated in this yea�'s event, and the Police Department did a fantastic job with the kids. She added it was very inspiring to see the young people and families with the Police Officers — it was a great moment. b) Reaional Access Project (RAP) Executive Director — Councilmember Benson said that for those who may not yet know, RAP Executive DirectorJudee Cox is retiring, and Leticia DeLara from Supervisor Benoit's Office has been selected as her replacement. Ms. DeLara takes over in early February. 5. Suaaested Items for Future City Council Meetina Aaendas: None 28 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2014 XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and unanimous City Council concurrence, Mayor Tanner adjoumed the meeting at 5:49 p.m. VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 29