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Home My WebLink AboutPrelim - CC - 02-27-2014 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 27, 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 Mayor Van G. Tanner Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety L.auri 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 Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire 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 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 IV. ADJOURN TO CLOSED SESSION Rec�uest for Closed Session: A. 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 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: �- 3 Mr. Erwin asked for City Council's consideration of adding one case of potential litigation under Government Code Section 54956.9(d)(2), Section B above, having to do with a Claim Against the City by Elaine Wallace. 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 potential litigation case was added to the Closed Session agenda. 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- Councilman Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. FRANK LAULAINEN, Palm Desert, CA, stated he was an architect, land planner, developer of resorts, general contractor, landscape architect, and golf course architect, etc. He referred to the mural behind the Council dais in the Chamber that he felt said it all. Palm Desert is a beautiful spot and needs to be preserved, starting with its living density. He called attention to the success of EI Paseo that has created a very good image for the City. However, he noted that Highway 111 running through the entire Coachella Valley is still very highway-like 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 as it runs through Palm Desert. He felt it was very important to create a boulevard feeling, acknowledging that the traffic still needs to go through. He stated that a boulevard would give greater substance to the kind of town that Palm Desert is, adding that some of his previous experience was with creating a similar design in Indian Wells in the late `70s and early `80s that has created a definite image for them. He believed that it would be important to create something specific to Palm Desert - there are a lot of leftover `50s and `60s, "old-school" themes - and the City needs to get "new-school" fast. He said the "new-school" element started in about 2006-2007 when everything started to change. At that time, he had been talking with the Redevelopment Agency that was starting a concept of recreating a better image on Highway 111, part of which was to bring a hotel-type operation that would mix well with the downtown boutique atmosphere. He said placing density in this manner livens up the commercial area. Although, he went on to say that somehowtheownerofthe propertywhere Office Maxand Guadalajara Marketwere located has proposed and received approval from the Architectural Review Commission (ARC) for a market on the site. He believed this was absolutely absurd, as it has nothing to do with what Palm Desert's downtown is all about. He said the City already has a great market - Jensen's - which helped start the City years ago and was as gourmet as one could find. He felt adding another market in this area would defeat the purpose. More importantly, he felt instead of the market, the City should do a hotel, and he referred to the rendering handout that he provided Councilmembers. He explained that it was a very specialized hotel that would appeal to the modern-day market. He hoped to find some way for City Council to take some action to delay furtherance of any more permits on the aforementioned site in order to find a better use for it. He was aware that the City was currentlytaking proposalsfora General Plan Update and Environmental Impact and felt his proposal could fit right into it. Mayor Tanner thanked Mr. Laulainen and said the City will review his information. MR. DOUGLAS GALLOWAY, Broken Arrow Trail, Palm Desert, CA, spoke to City Council today on behalf of the Palm Desert Youth Sports Association, the baseball and girl's softball league in the City where just under 1,000 kids participate, and he invited Councilmembers to their Opening Day on Saturday, March 8. He went on to provide an update on their Baseball Buddies Program, which was initiated seven years ago when Association President Richard Weintraub annexed this special division into the league for handicapped and special needs kids. He said this division has now grown to over 50 kids, with four teams playing baseball on two fields at Freedom Park every Monday night. He added that every participant gets to bat, they have hot dogs, and the parents enthusiastically cheer on their players; it continues to grow and is available to all special kids who wish to participate in Palm Desert. He then described some of the activities that were planned for Opening Day next Saturday, including the carnival and famous barbecue, and a 100-foot American flag to be displayed by 60 fourteen-year-olds just prior to the National Anthem as the planes prepare to fly in. Additionally during the National Anthem, he said there will be a special appearance by a flighted bald eagle, 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 "Thunder,"one of only two such animals that exist in captivity in the U.S.A. Further, they'll be dedicating a new plaque on the Legends Columns honoring baseball's greatest catcher, Johnny Bench. He said Councilmembers were all invited to join them on the stage, participate in the activities, and enjoy the day. Mayor Tanner commended the PDYSA for their efforts, specifically congratulating them on success of the Baseball Buddies Program. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RON CRISP FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS AUDIT, INVESTMENT& FINANCE COMMITTEE, 2012 - 2013. Mr. Crisp was unable to be at today's meeting for the recognition; therefore, the engraved crystal clock to be presented will be forwarded to him separately. B. PRESENTATION TO RECOGNIZE STEPHANIE LOOG FOR HER SERVICE TO BOTH THE CITY OF PALM DESERT'S AUDIT, INVESTMENT & FINANCE COMMITTEE AND THE MARKETING COMMITTEE, 2007 - 2014. Ms. Loog was unable to be at today's meeting for the recognition; therefore, the engraved crystal clock to be presented will be forwarded to her separately. C. PRESENTATION TO RECOGNIZE MARLANE WOLF FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE, 2009 - 2014. Ms. Wolf was unable to be at today's meeting for the recognition; therefore, the engraved crystal clock to be presented will be forwarded to her separately. D. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MARCH 2O14 AS "ESSENTIAL TREMOR AWARENESS MONTH" IN THE CITY OF PALM DESERT. MS. JANINE JUDY, City of Palm Desert Senior Office Assistant, said she, herself, was diagnosed with Essential Tremor Syndrome, a neurological disorder. In her search for information, she found the International Essential Tremor Foundation, a non-profit whose priorities are patient services, education, and public awareness. She also learned that there are support groups throughout California, but there were none locally; so she recently applied for and was honored to be approved to become Support Group 4 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Leader for the Coachella Valley. It was her mission to increase public awareness of the condition and provide helpful information to those who have or might have Essential Tremor. She explained that iYs a neurological condition that causes shaking of the head, hands, and voice, and is commonly mis-diagnosed as Parkinson's Disease. There are an estimated 10 million people in the U. S.with Essential Tremor symptoms. Although not life-threatening, it can get progressively more serious and affect a person's quality of life by making daily tasks more difficult. She said promoting greater awareness and education could result in more funding and research so that effective treatments, possibly a cure, could be identified. She invited the public to attend their next group support meeting on Saturday, March 1, from 10:00 a.m. - 11:00 a.m. at the Palm Desert Public Library. She provided fliers and materials in the lobby for all who were interested and thanked Mayor Tanner and the City Council for recognizing March 2014 as Essential Tremor Awareness Month. On behalf of the entire City Council, Mayor Tanner commended Ms. Judy for her many years of service to the City and presented her with the proclamation. He wished her all the best in her endeavors to create more awareness and offer support to those affected by this disorder. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 13, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 154, 158, 159, 161, 162, and 165. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#724� by Golden Eagle Insurance / Elaine Wallace in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2013. Rec: Receive and file. 5 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 E. STATE CONTROLLER'S REPORT of the City of Palm Desert's Special Gas Tax Street Improvement Fund for the Period of July 1, 2008, through June 30, 2013; Traffic Congestion Relief Fund Allocations for the Period of July 1, 2008, through June 30, 2011; and Proposition 1 B Allocations for the Period of July 1, 2007, through June 30, 2013. Rec: Receive and file. F. INDEPENDENT ACCOUNTANTS' REPORT on Agreed-upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2013. Rec: Receive and file. G. AUDITED FINANCIAL REPORTS of the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2013. Rec: Receive and file. H. AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) for the City of Palm Desert - Fiscal Year Ended June 30, 2013. Rec: Receive and file. I. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of November 6, 2013. 2. Parks & Recreation Commission Meeting of January 14, 2014. 3. Public Safety Commission Meeting of November 13, 2013. 4. Youth Committee Meeting of January 6, 2014. Rec: Receive and file. J. CONSIDERATION of Recommendation by Legislative Review Committee to Send Letter of Support for AB 1147(Gomez)- Massage, and to Receive and File Update on Status of AB 471 (Atkins)- Infrastructure Financing Districts. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and authorize the Mayor to send letter of support forAB 1147(Gomez), and receive and file update on AB 471 (Atkins). 6 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 K. REQUEST FOR APPROVAL of a Letter of Support to the Los Angeles - San Diego (LOSSAN) Joint Powers Authority Concerning California's Intercity Passenger Rail Program. Rec: By Minute Motion, authorize the Mayor to send a letter of support concerning the California lntercity Passenger Rail Program. L. REQUEST FOR APPROVAL of the 2014 Palm Desert Recreational Century Bike Ride, Including Road Closures and Waiver of Palm Desert Municipal Code Regulations Concerning Amplified Sound and Vendor Sales. Rec: By Minute Motion,approve: 1)Palm Desert Recreational Century Bike Ride on Saturday, November 8, 2014; 2) road closure at University Drive from College Drive east to west; 3) southbound lane closure of College Drive between University and Frank Sinatra; 4) waiver of P.D.M.C. Section 11.01.140-Amplified Sound; 5)waiverof P.D.M.C. Section 11.01.180 (Q) - Prohibited Conduct Generally in City Parks - Vendor Sales. M. REQUESTFORAMENDMENTtoContractNo. C33050—Janitorial Services at the Palm Desert Sheriff Substation, 73520 Fred Waring Drive. Rec: By Minute Motion: 1)Authorize the approval of an amendment to the subject contract with Wurms Janitorial Services, Inc., Corona, California, for the period of March 1, 2014, through June 30, 2015; 2) approve a one-year term extension for thc subject contract for the period of July 1, 2014 - June 30, 2015, which includes the new amendments; 3) authorize an increase of monthly janitorial services costs forthe subject contract from$1,113.07 to$1,618.95—funds are currently available in Sheriff Substation Maintenance Account No. 510-4195-495-3695; 4) authorize the City Manager to include an additional two rooms requiring janitorial services, if they are utilized in the future, at a cost of$58.19/month. N. REQUEST FOR AUTHORIZATION to Retease Security for Parcel Map No. 36137 - 72235 Painters Path (Poul Moller/Mollers Garden Center, Applicant). This item removed for separate discussion under Section XI - Consent Items Held Over of the agenda. Please see this portion of the minutes for resulting action. Mr. Greenwood noted that staff wished Council to hold over Item N for separate discussion and action. 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 On a motion by Harnik, second by Weber, 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 N. REQUEST FOR AUTHORIZATION to Release Security for Parcel Map No. 36137 - 72235 Painters Path (Poul Moller/Mollers Garden Center, Applicant). Mr. Greenwood stated that staff wished Council to continue this item to a date uncertain. Councilman Spiegel moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1266 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 1130 AND 1167, AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES. Mr. Greenwood explained that due to identifying some problems in calculations used for the recommended speed limits, staff wished to study them further and asked that this matter be continued to a date uncertain. Upon inquiry about when it might return, he said it may be the second meeting in April or first meeting in May. Councilman Spiegel moved to, by Minute Motion, continue consideration of Ordinance No. 1266 to a date uncertain. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. For Adoption: None 8 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF THE "ENVISION PALM DESERT —> FORWARD TOGETHER"STRATEGIC PLAN AS PRESENTED. Mr. Wohlmuth noted that City Councilmembers participated in a Study Session on this item at 2:00 p.m. today, with one significant issue raised there. He commended Management Analyst/P.I.O. David Hermann for his lead on the project from its beginning and for doing a fabulous job walking all 130 participants through the process, also keeping the National Civic League on track,to complete the 12-month undertaking. He noted that since the session this afternoon, Mr. Hermann had looked at the comments and has already made some revisions to the Plan regarding hillsides and open space. Mr. Hermann advised that the comments received earlier today related to concerns about the lack of inention of hillsides, which he agreed was an oversight on the group's part and offered apologies. Therefore, he said they've identified four pages in the Plan where the word "hillsides" can be added and called out so that people clearly understand how important they are to the City. He enumerated: • Page 4- Land Use. Housinq &Open Space-"The vision is a well-planned and developed city with a vibrant city core; natural hillsides and open space;..." • Page 36 - Introduction to Land Use, Housing & Open Space - In the first paragraph, third line, as follows, "The City of Palm Desert has created a livable and workable cornmunity for its nearly 50,000 residents and its many visitors through careful planning of land use, housing and commercial spaces, and preservation of hillsides and the natural desert landscape." • Page 37 - Land Use, Housinq & Open Space Mini-Vision - "In the next 20 years, Palm Desertwill be a well-developed communitywith natural hillsides and open space, ..." • Page 41 - Action Steps following Priority 5 (shown on page 40): Utilize progressive land use policies and standards to support ongoing and future needs. Second Action Step - "Preserve hillsides and open space, view corridors, and recreation areas." Councilmember Benson added that she felt there should also be something in the Palm Desert Community Vision. 9 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Mr. Hermann responded that changing that item would be a more significant undertaking, as the Vision was the product of the work of the stakeholders and many, many hours, and much debate over what it should include, and it took a great deal of effort to get everyone to agree to this point. Therefore, it would be reopening the process again if City Council were to change that Vision. He noted that generally the idea of the Community Vision is to speak in very general terms and not call out specific goals or actions - it's more a broad description of the community. He felt the goal there was to call out Palm Desert's "uniquely beautiful desert environment;" and certainly, the hillsides are part of that. Councilmember Benson pointed out that a lot of people will only look at the Community Vision and not delve deeper into the rest. If they don't see preservation of hillsides, it will be missed, and she felt it was very important to be included there. Councilman Spiegel believed the changes outlined were more than adequate and moved to, by Minute Motion, adopt the "Envision Palm Desert —> Forward Together" Strategic Plan as amended, to incorporate all the references to "hillsides" as presented here, and direct staff to utilize the Plan going forward as an aid in setting City priorities and policies. Motion was seconded by Weber. Councilmember Harnik agreed with Councilman Spiegel that the four changes were good, as that's were the specifics belong. She observed that in the Community Vision, speaking of the "uniquely beautiful desert environment" covers it and is broad brush-stroke by its intent; then going on to name specifics later on in the Plan is important and very necessary. She concurred that they did overlook those specifics, not because they didn't think the hillsides are important, but because the City protects them so well, the group took them for granted, quickly noting that they shouldn't. Therefore, she said it was a good point that those mentions of hi!lsides are included in those four spots. She noted that in every single one of the subcommittees'work, they all talked about the beauty of the mountains and what they provide as a backdrop for the entire community. She went on to say that she was involved in the process from the very beginning, it was wonderful, and that a lot of the byproducts aren't really in the Plan document. She explained that there were more than 120 people within the community who gave of their time—a lot of time, experience, and expertise. She added that City staff was also amazing in what they provided to the process, and there was everyone from high school students with wonderful input- looking at things differently than everyone else does and bringing a lot to the whole experience. She believed it was a great experience for all and that the City will benefit both today and tomorrow from this effort. Councilmember Benson stated she would like to see the changes in writing before the Plan is approved. She felt there'd been too many times in the 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 past when changes are read for the record but, curiously, don't happen to make it into the final document. Therefore, she believed it would behoove the City Council to continue the item to the next meeting in order to see that the changes are incorporated in the final printing. Councilman Spiegel called the question on the motion previously made. Mayor Tanner called for the vote to approve the Strategic Plan, as amended to include the changes enumerated at this meeting, and it carried by 4-1 vote(AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson). Mayor Tanner also commended Mr. Hermann for his good work throughout this process. B. REQUEST FORAPPROVAL OF CONTRACT WITH DIAMOND CONTRACT SERVICES, INC., IN THE AMOUNT OF $62,400 TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX FOR ONE YEAR (CONTRACT NO. C33340). Mr. Gibson referred to the printed staff report included in the agenda packets, which specified proposals from two companies in response to the bid notice. He said staffwas recommending that Diamond Contract Services be awarded the contract, noting that they are the current contractor for janitorial services at City Hall and do a fine job. Responding to question about whether or not Diamond's staff travels from Burbank each day, he said they have local employees that work on City Hall and propose to do the same for the Parkview Office Complex. Councilman Spiegel moved to, by Minute Motion, approve the subject contract with Diamond Contract Services, Inc., Burbank, California, in the amount of$62,400 to perform janitorial services at the City of Palm Desert Parkview Office Complex for one year and authorize the Mayor to execute same — 100% of the contract cost is allocated to each space at the Parkview Office Complex and recovered through lease payments from all the tenants — funds are available in Fund 510. Motion was seconded by Harnik. Mayor Pro Tem Weber commented that after having investigated Diamond's website, she'd discussed the item with Mr. Gibson earlierthis afternoon. She really haped that local people would respond the next time the City goes out for bid on such services, wondering what was preventing them from doing so now. She planned to work on this issue going forward. Mr. Gibson responded that an example of one of the issues that's been raised with the City's current requirements is their having$1 million minimum liability insurance coverage. He said the companies also have to be bonded, which also presents a cost to local firms that may or may not have some of those capabilities. 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Mayor Tanner pointed out that there was one Coachella Valley bidder, but their bid was a little bit high. MayorTannercalled forthe vote on the motion to approve the staff recommendation to award the Parkview Office Complex Janitorial Services for one yearto Diamond Contract Services, Inc., and it carried 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). C. REQUEST FOR APPROVAL OF THE PROPOSAL FROM AND COMMISSIONING OF BIJAN MASOUMPANAH FOR A DESIGN TO BE PAINTED ON THE TRAFFIC SIGNAL CABINET LOCATED ON THE SOUTHWEST CORNER OF FRED WARING DRIVE AND COLLEGE OF THE DESERT. Management Analyst Deborah Schwartz stated that there is currently a traffic signal cabinet on the northwest corner of Fred Waring Drive and College of the Desert intersection that was painted by this artist, incorporating a bighorn sheep design. However, she said that left an unpainted cabinet across the drive and felt it would be fitting to talk to Bijan to get a proposal for this second, smaller cabinet. She pointed out that normally signal cabinets are placed next to each other, but these are not; this would be a secondary project with a different theme but same style of painting. Councilmember Benson moved to, by Minute Motion, approve the proposal from and commissioning of Bijan Masoumpanah for a design to be painted on the traffic signal cabinet on the southwest corner of Fred Waring Drive and College of the Desert — total cost of the project would be $1,275 for cabinet preparation, UV/graffiti coating, and a plaque for the artwork. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). D. REQUEST FORAPPROVAL OF BETTYBY DORE CAPITANI,DUALITY BY HEATH SATOW, AND TAK/NG FLIGHT BY ALISA LOONEY, WITH CROSS-OVER BY MICHAEL ANDERSON AS THE ALTERNATE, AS THE SCULPTURES FOR PUBLIC SELECTION OF ONE TO PURCHASE FROM THE 2013/2014 EL PASEO INVITATIONAL EXHIBITION. Management Analyst Deborah Schwartz stated that traditionally,the City has purchased sculptures from various EI Paseo Invitational Exhibitions. She pointed out that the City hasn't purchased from every Exhibition, but it is beneficial when it makes a call for artists for future Exhibitions to have the potential of a purchase awarded;although, it's neverguaranteed to the artist. She went on to say that several years ago the City initiated a community competition that resulted in the sculpture placed in front of City Hall ("Danseur"by Jean-Louis Corby)where the Art In Public Places Commission (AIPP)and City Council selected three sculptures that were then sent out to the community to vote on, and the one receiving the most votes was 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY GOUNCIL MEETING FEBRUARY 27, 2014 purchased for the City. She wanted to repeat that effort again, making it a little broader by using social media and really using the competition as a marketing technique for the Public Art Program, in addition to being a way to acquire artwork for it. She narrowed down the list to pieces that are realistic for having longevity in the desert, then AIPP reviewed the list and selected three top candidates and one alternate, resulting in the request being considered here. In answer to question about where the sculpture will be placed, she said it will depend on which sculpture is selected. She said the location will be selected after the sculpture is, so that the piece can be matched with the location. She added that really the only empty site without something already designated for it currently is an empty pad in Civic Center Park. Councilmember Harnik noted that in the staff report's Fiscal Analysis, it talks about cost for doing signage, which she felt was very important to have signage on all the City's public art and wondered if staff could explore the possibility of putting QRL (Quick Response) Codes on it as well for people wanting to do self-guided tours. Ms. Schwartz responded that staff is working on that concept currently. Mayor Pro Tem Weber commented that AIPP had quite a lot of discussion about the piece they liked the best, and she moved to, by Minute Motion, approve Betty by Dore Capitani, Dualify by Heath Satow, and Taking Flight by Alisa Looney, with Cross-Over by Michael Anderson as the alternate, as the sculptures for public selection of one to purchase from the 2013/2014 EI Paseo Invitational Exhibition. Motion was seconded by Harnik. Councilman Spiegel stated for the record that he would probably be voting against the recommendation, as he wasn't wild about any of the selections offered here. MayorTannercalled forthe vote on the motion to approve, and it carried 4-1 (AYES: Benson, Harnik, Weber, and Tanner; NOES: Spiegel). E. REQUEST FOR APPROVAL OF CONTRACT RENEWAL WITH D&B VISIONS FOR CONSULTING SERVICES RELATIVE TO THE CITY'S COMMERCIAL AND MULTI-FAMILY HOUSING RECYCLING PROGRAMS (CONTRACT NO. C32591). Ms. Riddle said as noted, the request is to continue the contract with D&B Visions to help staff continue to implement the commercial and multi-family housing recycling programs. She said that D&B provides education and helpful implementation assistance to the businesses, and staff is very satisfied with their perFormance in this regard. Upon inquiry about where the funds come from to pay for this contract, she said they were from the City's 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Recycling Fund, and confirmed that these funds were obtained indirectly from Burrtec. Councilmember Harnik recalled for her colleagues the last time Council had an agenda item where Burrtec changes and fees were considered,and there was a lot of confusion about the difference in recycling fees and trash fees and how it affected some customers. She asked if the subject contract helped address that confusion with gated communities. Ms. Riddle answered that D&B won't be specifically addressing single-family homes or residential programs. She said D&B's work was with multi-family (apartment complexes) and commercial accounts. She added that most of the single-family residential accounts already have their containers. The fee itself comes out of the AB 939 Fund, which is not General Fund money. In further response, she said this contract was totally separate from the gated communities' issues. Mr. Wohlmuth added that parts of a gated community could be in the commercial accounts category, including the one example (Palm Desert Resorter)from the meeting where rates were discussed. He went on to say that most gated communities have 95% residential collection and 5% commercial, which is usually their clubhouse. The subject consultant would typically work on the commercial account in getting the clubhouse/restaurant to implement a recycling program, but not the residential component. Further responding, he said that at the Resorter, they have a residential program, but residents were also dumping construction debris in the commercial bins, and the subject contract will assist in resolving such an issue. Ms. Riddle commented that to address the aforementioned issues, Burrtec went to the Resorter and helped work with the customers, and she hadn't heard anything more from them so assumed it had helped. Councilman Spiegel moved to, by Minute Motion, authorize: 1)The Mayor to enter into an agreement with D&B Visions, Temecula, California, for consulting services relative to the City's Commercial and Multi-family Housing Recycling Programs; 2)expenditure of funds in an amount not to exceed $80,000 from the Recycle Fund, Account No. 236-4195-454-3090, for this purpose. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 F. REQUEST FOR APPROVAL OF A DESIGN CONTRACT WITH HURDZAN GOLF TO DEVELOP THE DESERT WILLOW GOLF COURSE MASTER CAPITAL IMPROVEMENT PLAN AND FIRECLIFF GOLF COURSE RENOVATION DESIGN (CONTRACT NO. C33350). Mr. Alvarez stated that the Desert Willow Golf Courses (Mountain View and Firecliff) were opened in 1996 and 1998, respectively, with both courses having been recognized by national golf association magazines and other organizations that rank municipal golf courses. He said they generate over 80,000 golf rounds annually, and back in 2008 - 2009, the City hired the original golf course architect to look at both courses in terms of possible renovations over the wear and tear that's occurred on them. In 2009 the Mountain View Course was renovated — redoing the greens, bunkers, and lake edges to improve playability and pace of play, reduce maintenance costs, and also help the visual aesthetic of the golf course. He explained that the proposal before Council today was to again hire the original golf course architect, Hurdzan,to look at a 3-5 year comprehensive master plan for future capital improvement projects. These could include renovation of the Firecliff Course, which was not addressed in 2008 -2009, also to look at the practice ranges, at the overall aesthetic of both courses, and look at ways to reduce water utility costs, improve and reduce labor costs, and improve the overall attraction of the resort moving forward. He went on to say that a major component of the contract will review areas where turf can be reduced, given that water is becoming a major issue, and the City hoping to improve upon that in the future. Staff recommended approval of the contract with Hurdzan Golf in the amount of $95,000, plus reimbursable travel expenses as identified in the printed staff report. In answerto question about not going out to bid, he said that the City wanted to work with the original golf course architect; they have the plans, actual specifications, and history that will enable more expeditious progress. Councilman Spiegel moved to, by Minute Motion: 1) Approve a Professionat ServicesAgreementwith Hurdzan Golf,Columbus,Ohio,forthe Desert WillowGolf Course Master Capital Improvement Plan and Firecliff Course Renovation Design in an amount not to exceed $95,000; 2) budget an amount not to exceed $7,500 for the consultant's reimbursable travel expenses for up to five (5) site visits; 3) appropriate $102,500 from Desert Willow Capital Improvement Fund 441 for this purpose. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 G. REQUESTFORAUTHORIZATIONTOINITIATEASSESSMENT DISTRICT PROCEEDINGS AND TAKE RELATED ACTIONS, INCLUDING A PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, FOR UNDERGROUNDING OF UTILITIES AT PALM DESERT TAMARISK AND ADJACENT PROPERTIES (DISTRICT 12) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst David Hermann reported that the subject request represented the next step in a very long process initiated by residents Merilee Colton and Lesley Miller and their neighbors almost a year ago. Staff recommended that City Council allow it to proceed to the next step so that the neighborhood residents will know how much the assessments would be on their properties if, indeed, an assessment district is approved. As an update to information in the printed staff report, he said it indicated that final design could be completed in 10 months; however, Southern California Edison (Edison) has since informed the City that their final design process usually takes up to 12 months,with the other utilities(Time Warner,Verizon) taking an additional 3 - 6 months. Therefore, it would be more like 15 - 18 months instead of 10 for final design. Further, as a�so noted in the staff report, the City has received a separate petition from a smaller group of residents on Heliotrope; they are also interested in undergrounding their utility lines. The City intends to ask the engineers to study both projects, see if they make more financial sense to go forward together or separately, then present that information to the residents. He called attention to the fact that the item is being jointly considered with the Successor Agency to the Palm Desert Redevelopment Agency, reason being that money to pay for the engineering will initially come from the City and then be reimbursed from Redevelopment Bond Proceeds. He added that there were some residents present today who also wanted to address the City Council on the item. Upon inquiry about the reasoning behind Verizon and Time Warner not beginning their engineering process until after Edison's is done, he said that those utilities require the final design from Edison in order to base theirs on afterward because of having to first know where the trenches will be located, etc. MS. MERILEE COLTON, Salt Cedar Street, Palm Desert, urged City Council to approve the project, and she especially wanted to thank staff for all its hard work. She said the report being discussed takes a lot of time and effort, and it was only the beginning of a long process where they'll continue to be very involved. She offered to answer any questions that may be raised. 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Mayor/Chair Tanner noted that Ms. Colton's tenacity has brought the project forward to this point today and commended her efforts for the prospective District 12. MR. LLOYD MACFADYEN, Salt Cedar Street, Palm Desert, expressed his objections to the whole process and indicated that last May he and his wife sent a letter to the City Council to this effect. He was very bothered by the expenditure of$400,000 for 83 parcels, saying if the City wished to give him that money instead -slightly under$5,000 per parcel-he'd be happy to have it. He referred to the previous item on today's City Council agenda that requested spending money for Desert Willow Golf Course. While not a golfer, he said that Desert Willow was something for the entire City of Palm Desert. His objection centered around the City spending$400,000 that it will never receive back, even if it comes from "Redevelopment," it doesn't come out of the air magically-somebody gave it somewhere. Therefore, he felt that the City's money would be better spent on other projects. As far as his neighborhood was concerned, the request was simply cosmetic and wouldn't increase his propertyvalue. When he purchased the propertysome 20 years ago, he didn't first look to see if there was a utility pole in the backyard, and he didn't think anybody else really cares that much either. He and his wife felt it was simply an expenditure that the City Council need not make. Mr. Hermann clarified; first, he said the $400,000 amount is a maximum threshold. Based on its understanding, staff believes the cost of the engineering will come in at roughly 10%of the total project cost,which is just over$2.7 million. So it would probably be closer to the range of$270,000 - $300,000, and staff also wanted to include money for the Assessment Engineer in this initial request. Secondly, he clarified that utility undergrounding was one of the items identified as a project and an appropriate expenditure when the bonds were issued. In answer to specific question about the step after the design is completed by all the utilities, he confirmed that the cost of the project will then go to the residents for their vote. Further responding, Mr. Wohlmuth said for the Tamarisk- District 12 Project, the City would be responsible for portions of the improvements that cross its property, with a handful of such instances. For example, he said on the Heliotrope portion,which may/may not be included in District 12,the first 100 feet of the proposed undergrounding project would come through Smoke Tree Park, and the City would be responsible for that cost. Unlike the Palm Desert Country Club proposed undergrounding project in which a percentage would have been paid for by the City, it can no longer do that in the future due to the limited amount of funds. He went on to explain that the funds proposed to be used for the subject District initiation were bond funds, resulting from bonds sold 10-15 years ago. Those bond documents 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 identified projects that were intended for completion with the funds; if the City doesn't spend the funds on projects it anticipated completing when the bonds were sold, the proceeds cannot be used. He added that the bonds could be defeased, but doing so wouldn't benefit the City, because the money would go back to the State and the Riverside County Auditor- Controller to disburse. Therefore, it was the City's intent to utilize bond proceeds on projects that previous Councils committed to when they sold the bonds— undergrounding in this area of the City being one. He affirmed that Edison engineers,Verizon and Time Warner engineers will hopefully use the same trench in orderto keep costs down,and then the Assessment Engineer comes up with a calculation of how to disperse the funds based on linear footage and other relevant assumptions. Based on the Assessment Engineer's formula, the total projected cost of the undergrounding project is divided amongst the parcels in the proposed assessment district;each parcel gets to vote for or against participation, with 51% required to pass. If over 51%, the cost is spread to the parcels, and then the City has to decide whether or not it sells additional bonds, with the amount assigned to the parcel either being paid in full by the property owner up front or going on the property tax roll if another bond is sold to pay for the $3 million project. The returns come back to the bondholders once the property taxes are paid over approximately 20 years. Upon further inquiry about how much money the City is out if the Assessment District doesn't pass if property owners decide the amount is too high, he said at that point, the City would be out a maximum of$400,000 of Redevelopment Bond funds. Councilman/Director Spiegel moved to: 1) Waive further reading and adopt Resolution No. 2014 - 11, initiating proceedings for the undergrounding of overhead electric and communication utility facilities to underground facilities pursuant to the provisions of Chapter 12.12 of the Code of the City of Palm Desert, California, and the Municipal Improvement Act of 1913; 2) waive further reading and adopt Resolution Nos. 2014- 12 and SA-RDA 025, approving the execution of a District 12(Tamarisk) Utility Undergrounding Project Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions; 3)by Minute Motion, approve of and authorize the Executive Director and Mayor/Chair to execute the District 12 (Tamarisk) Utility Undergrounding Project Funding Agreement; 4) by Minute Motion, appropriate $400,000 from Account No. 400-4256-464-4001 to pay for engineering fees that will allow project design to proceed. Motion was seconded by Weber. In answer to question about whether or not the cost for the Heliotrope addresses is included in the$400,000 expenditure, Mr. Hermann said it was the City's intention to have both Edison and the Assessment Engineer do two scenarios- one including Heliotrope, one that doesn't- and that information will be presented to the residents. The residents will be able to determine whether it's in their interest to go forward together or separately. He further 18 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 affirmed that Verizon and Time Warner were also being included in the process here. Mayor/Chair Tanner called forthe vote on the motion to approve actions for initiation of proceedings for the Palm Desert Tamarisk (District 12) Utility Undergrouding Assessment District, and it carried 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Councilmember/Director Harnik personally commended Ms. Colton and Ms. Miller for all their hard work in taking forward the proposal in a very positive fashion, further emphasizing that the process moving forward now represented democracy at its finest. She wished the proponents all the best. H. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS AND RE-BID THE PROJECT KNOWN AS THE 2014 CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C33200, PROJECT NO. 932-14) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Spiegel moved to, by Minute Motion: 1)Reject all bids received for Contract No. C33200 -2014 Citywide Tree Pruning Program; 2)authorize staff to rebid the project. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). I. REQUEST FOR APPROVAL OF A SPONSORSHIP REQUEST FROM PALM DESERT YOUTH SPORTS ASSOCIATION (PDYSA) IN THE AMOUNTOF$5,400 FORASSISTANCE WITH OPENING-AND CLOSING- DAY CEREMONIES. Mayor Tanner noted that the sponsorship request represented both boys baseball and girls softball. Senior Management Analyst Ryan Stendell referred to the printed staff report, outlining a sponsorship request from the Palm Desert Youth Sports Association (PDYSA), and he was joined at the podium by the Association's President Richard Weintraub. Staff recommended approving the $5,400 sponsorship to assist with the opening- and closing-day ceremonies. Upon inquiry about the second to the last page indicating a request to the City of $3,000, he said that overthe years,the request has been$3,000 for opening day, $3,000 for closing day. In the past couple of years, closing-day ceremonies have been moved to the Aquatic Center, and he said that PDYSA is probably one of the more fortunate organizations around that hasn't experienced any letdown in the City's sponsorships over the years, which has been very nice for them. However, with utilization of the Aquatic Center, staff recommended covering the cost of the rentals only, which is $2,400, and that the Association take care of everything else. He pointed out that was merely staff's recommendation, PDYSA did request $3,000 for 19 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 each event. Further responding to question about the statement under "Fiscal Analysis," where it mentions ensuring that the Outside Agency Funding process is used in future years and how that will be done, he said that it likely falls on him and Mr. Weintraub. Next year is already taken care of, PDYSA has submitted an application, which goes live in February or March. As the City's liaison, Mr. Stendell said it will be his responsibility to make sure they get their application submitted in future years. Responding to question about whether the$5,400 sponsorship includes the Baseball Buddies Program participants who play on Monday nights, Mr. Weintraub confirmed that it did. Councilman Spiegel moved to, by Minute Motion: 1) Approve the sponsorship request from PDYSA in the amount of $5,400 to assist with opening- and closing-day ceremonies; 2) appropriate $5,400 from Unobligated General Fund monies to Account No. 110-4800-454-3880-Outside Agency Funding forthis purpose. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). J. REQUEST FOR APPROVAL OF THE USE OF DESERT WILLOW GOLF RESORT FOR THE OCTOBER 4, 2014, WORLD EDUCATION UNIVERSITY CONCERT (WE-U), PROMOTING PEACE AND PROSPERITY THROUGH EDUCATION. Mr. Alvarez reported that staff was recently approached by WE-U (World Education University), a private enterprise that provides free online education, with a proposal to have a live signature concert event at Desert Willow on October 4, 2014. As noted, he said the event will be promoting peace and prosperity through education. He referred to an overhead projector display of an aerial map showing location of the event on the driving range, with finro main stages at each end, vendor and VIP areas, and bus drop; staging areas will be placed at the perimeters of the property(i.e., Academy parking lot). There will be one TECHNO Tent, along with vendors, and an estimated attendance of 20,000 - 25,000 people. He went on to explain that the event would kick off a worldwide marketing campaign promoting free education and benefiting non-profit entities named in the printed staff report. He said the event on October 4 will take place from 11:00 a.m. to 11:00 p.m. Upon inquiry about all event parking being off-site and attendees being shuttled by bus to and from Desert Willow, he would allow the Applicant to respond. In terms of costs and any revenue loss projected for buying out use of Desert Willow, he noted that there will be two events scheduled at the Clubhouse, one on October 3, one on October 4,for both VIPs, staff members, and also for band members from the events. He stated that there will be some diverse music artists, and it's guaranteed that there will be at least one superstar artist that will headline the event. Four concerts will be held during October 4, and Applicant is also proposing to 20 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 host a free community concert at the Civic Center Park Amphitheater the week before the event to kick it off. Estimated ticket price is $200, which includes the four concerts, and the event organizer will cover all costs relative to organizing and promoting, equipment, security, any traffic plans, police and fire services that may be required, and as previously mentioned, all parking will be off-site with attendees arriving only by bus. Mr. Alvarez went on to say that the Applicant will be notifying all surrounding property owners, including the Westin Desert Willow Villas adjacent to the driving range area, and many other property owners within '/2 - 1 mile away. Further, he said the event organizer will be working with local hotels to bring in packages and some other marketing opportunities. He stated that October is considered the "shoulder season" in the area, which is a time for opportunities to bring new sales revenue and Transient Occupancy Tax (T.O.T.) to the community; and there are also benefits to be realized in the significant media and online exposure for both Palm Desert and Desert Willow Golf Resort. He pointed out that food and beverage at Desert Willow Clubhouse will be purchased, with both sales tax and T.O.T. generation expected during this shoulder season. One of the key components staff discussed with Desert Willow Management is that there will be no impacts to the operations. October represents the time when Desert Willow undertakes grass overseeding — this event to coincide with the period immediately prior to that process — so there won't be any significant issues or damage to the driving range or surrounding areas. Lastly, he said there would be no direct cost to the City, and staff recommended approval of the concert event at Desert Willow. In answer to question about why the VIP area is different from the other areas, he said the VIP area will be designated only for guests invited by the organizers and also band members, staff, and family that will be participating during the event. MR.CURTIS PICKERING, representing World Education University(WE-U), responded to the question about attendees'parking and their being delivered to the event by bus. He said they've already met with Gary Cardiff, who said it was no problem at all given his experience with Coachella Fest, etc.; there will be multiple locations for pick-up and drop-off, primarily at the Cal State and UCR parking lots,as well as the Aqua Caliente Casino parking structure. There was ample parking around town that can be used, and the locations will be included in the ticket package received by attendees. Upon inquiry about whether or not WE-U had approval from CSUSB (California State University, San Bernardino)and UCR(University of California, Riverside), he said they didn't yet; so far they'd only met with Mr. Cardiff, who indicated he could take care of it. They were waiting for today's Council Meeting consideration before starting that process. Councilmember Harnik said she had a couple of questions, pointing out that they weren't necessarily about the vote that will be taken after the discussion. She referred to the printed staff report,where in the background 21 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 it says, "...WE-U is authorized to operate as a degree-granting institution of highereducation and is exemptfrom the California Post-SecondaryAct,"and that it also says, "...the WE-U is pursuing accreditation," and she wondered how that would work. She added that she'd heard a lot about WE-U but wanted a little more background. MR. PICKERING answered that WE-U is a free university, which is the reason it doesn't fall under the regulations. He noted that they had received a letter from the State of California that says they can issue degrees. He said the issue really is that people think accreditation is the answer for all schooling, but it really isn't; there are certificate and competency-based learning programs that are very important. He went on to say that they're pursuing those things, but they're considered to be very disruptive because they're free. He said it was uncertain if they'll ever get the "good ol' boy" network to approve WE-U's accreditation. He added that they've tried to buy two universities already, and both purchases have been turned down, even though WE-U is teaching exactly the same thing that those would, because they're disruptive to the system in being free of charge. Upon inquiry about where they do receive money to operate, he said they sell ads. He explained that when he started out, they organized focus groups and asked if the participants would mind looking at ads if, in return,they could get a free high- quality education, and not one party said they would mind. He stated that they now have students in 179 countries, and no one has ever complained about their ads. Councilman Spiegel felt strongly that it was very important to talk to Cal State about the program and get their blessings before he wanted to approve it. MR. PICKERI NG responded that there were plenty of other parking spots out there, adding that Mr. Cardiff has already said that he can take care of the parking. I n response to question about the market for concert attendees, he answered they've been selected by a telecom company that plans to broadcast it out to 120 million homes as soon as the event is approved, including the line-up, etc. Therefore, a wide variety of demographics was anticipated. He said they want all walks of life to be interested in the event, adding that in looking at the charities they're supporting, from the Friends of Africa to Women's Network to Wounded Warriors, they did not want to limit interest from anyone in any form or fashion. Mayor Tanner noted that Desert Willow sits right in between timeshares and residential areas. He asked if, from staff's standpoint, there was a concern about the amount of noise to be created with four shows occurring on Friday and Saturday. Mr. Alvarez acknowledged that there will be noise generated from the music and related activity. He said the event will begin at 11:00 a.m., but normally 22 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 the noise issues really don't start until the late afternoon and at night. He felt being proactive, reaching out to the Westin, property owners to the south and southwest, to the north and northwest, which are the closest residential was crucial. He added that going further east, there really aren't any other residential issues; however, given notification, and also he believed Mr. Pickering had addressed the possibility of outreach with those affected parties and would offer participation in the event, getting buy-in ahead of time, will be key to addressing any concerns for noise. Responding to question, MR. PICKERING said it's their goal to make this an annual event. He further confirmed that all they're asking at this time is to use Desert Willow Golf Resort as a venue for the concerts. He said they'd met with Desert Willow General Manager Derek White, went through all the issues with him, and he's very excited about hosting the event, because he knows it will bring a lot of awareness for the golf course and has offered to do anything he can do to help. He also commended all City staff for their assistance in bringing the request forward. MR. RAUL RAMIREZ, on behalf of WE-U, said he didn't have anything furtherto add but was available in case he needed to speak. He encouraged the City Council to approve the request, giving WE-U the opportunity to continue organizing the event and finalize the parking plans. He said if for some reason the parking can't happen, it will curtail them from going forward. Councilman Spiegel said the City has Cal State and Coltege of the Desert, two major schools in Palm Desert. He didn't want them to be opposed to what WE-U's trying to do. MR. RAMIREZ added that Mr. Cardiff was also looking at the Xavier Preparatory High School site off of Cook Street and the country club in that area, with extensive parking there as well. � Councilman Spiegel clarified that he wasn't talking about parking, but those higher education institutions agreeing that WE-U was a good program, since it was not accredited. If they have major concerns, he wanted to know. MR. ROBERT ENRIQUEZ, on behalf of WE-U, said he'd been addressing the Council for manyyears,starting backwhen he initiated the Neighborhood Electric Vehicle Ordinance, which now serves as the pilot program throughout the nation and is very successful because Palm Desert was the pioneer. Most recently, he said he was also very involved in the"Shut Down Drunk Driving" campaign, which he co-founded with Fargo Curry (sp?), Dale Gribow, and the City also supported. He stated he was totally in favor of the WE-U Project, as it will address the crisis that this nation is facing in the form of $1.2 trillion in student debt, including his own six college-age children being subject to it without guarantee of getting a job upon 23 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 graduation. He felt Palm Desert here, again, has the opportunity to become a pioneer in solving the crisis of student debt and in showing the rest of the nation, if not the world, that it can provide education in an alternative way for free, whether they go to W E-U or another tuition-free university. He said the idea is to stop student debt that is crippling this nation and our children. MR. PICKERING responded to Councilman Spiegel's question by stating that his organization is already working with College of the Desert(COD), which is very excited about what they're doing. Further, he said they've had many discussions and meetings with them already and confirmed that he'd been speaking with President Joel Kinnamon. Additionally, he said that Nathan Church,who just retired from COD, is WE-U's provost, and encouraged City Councilmembers to reach out to them because they have great support there. He added that the idea is to work with them in a relationship where WE-U can do some things that COD cannot and be of help, as they're turning away thousands of students every year, and it's really a serious problem. Secondly, he said as far as a relationship with Cal State, he was part of the original fund-raising group with Betty Barker and Dick Oliphant, so he's had a longtime relationship there. He said there's nothing WE-U is going to do that will harm them in any way; it will only add to them in the long run. Councilmember Harnik observed that she was not voting on the matter of whether or not WE-U becomes a university or any educational institution in Palm Desert or anywhere else. She stated that what Council was voting on today is simply that they can use the Desert Willow property during overseeding as a venue for concerts. Councilmember Harnik moved to, by Minute Motion, approve the use of Desert Willow Golf Resort for the October 4, 2014, World Education University Concert benefiting peace and prosperity through free online education. Motion was seconded by Weber and carried by 4-1 vote (AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson). K. REQUEST FOR AWARD OF PURCHASE OF 10,000 REUSABLE CHICOBAGS TO BEST PROMOTIONS IN THE AMOUNT OF $46,541. Ms. Aylaian said there was an interesting process involved in making the recommendation before City Council today. She said bids were accepted, and in this instance, more non-responsive bids were received than responsive; and it seemed that many of the purveyors of reusable bags take a great deal of liberty with the specifications. She went on to explain that three responsive bids were received for the ChicoBags that had been specified, and for a couple of reasons,the City was particular about that fact. However, the City also received bids from a number of firms, all of which proposed different alternative materials, different construction, and different 24 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 style. Further, she said the City received one protest, of which a copy of said e-mail was distributed to Council in advance of today's meeting for the agenda packets, from a firm that submitted a bid but was not labeled on the outside, and consequently, did not make it in time for the bid opening. She pointed out that in the breakdown for bids that were received, there was a wide range of numbers; the three that are responsive are also the most expensive. In part, the City's reason for wanting the more expensive bag and why it specified ChicoBags is because of the quality associated with them. The reusable bag is intended to be a promotional item that the City wants people to see, to like, to use, to continue to use, in order to change their behavior. She said it would likely be pretty unsuccessful if the City issues bags that are torn or have seams coming apart within six uses; ChicoBags are actually warranted for one year, and staff felt that quality is important, along with quality of the printing that will go on them. It is not desirable to see bags with blurred City logos or slogans; quality is essential. Mayor Tanner acknowledged that the City Council had received the e-mailed protest from the firm whose bid was not opened until later. He went on to say that he further understood that they weren't using specifically the ChicoBag either. They were using an alternative bag, which would be an unresponsive bid. Ms. Aylaian agreed but clarified that it was the City's belief that the firm was not bidding the ChicoBag. She said the bid wasn't opened with the others and was returned to the bidder. She said a subsequent e-mail from the bidder said they could do it for a much lower price, and staff suspected that, like the others that offered the "really good deals," it was not a ChicoBag. Councilman Spiegel pointed out that the company being recommended is from Palm Desert, and that's a good thing. Councilman Spiegel moved to, by Minute Motion: 1) Reject the bids submitted by Speed Promotional Inc., Sunwest Sales Company, Cardinal Promotions, Sierra Group LLC, S&K Associates, and TS&J as non-responsive; 2) award the purchase of 10,000 Reusable ChicoBags to the lowest responsive, responsible bidder, Best Promotions, Palm Desert, California, in the amount of $46,541 — funds are available in the City's AB 939 Fund, Account No. 236-4195-454-3090. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XV. CONTINUED BUSINESS None 25 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO CORA CONSTRUCTORS, INC., IN THE AMOUNT OF $54,000 FOR THE FREEDOM DOG PARK EXPANSION PROJECT (CONTRACT NO. C33250A, PROJECT NO. 715-14). Senior Management Analyst Ryan Stendell stated the item before the Council was prepared, in most part, by Senior Landscape Inspector Randy Chavez and Mr. Greenwood; however, he was handling the funding aspect of the project. He said any of the three of them would hope to be able to answer any questions about the contract. Mayor Tanner observed that expanding the Freedom Dog Park will, hopefully, eliminate some of the issues with parking at University Park, and he felt that was a good thing. Councilmember Harnik commented that this is something that the City's talked about quite a lot. She said dog parks are very, very expensive to maintain; they're more expensive to keep up than even where children play. She said in Council's earlier consideration today of approving funds to sponsor the softball and baseball activities, she pointed out that it was less expensive for the City to maintain those fields than it is for dog parks. While she understood the need for dog parks and knew it was something going into the future, the City will likely have to look at ways to make sure the dog parks can be maintained well and up to Palm Desert standards. Councilman Spiegel offered that the City's dog parks are something that make Palm Desert special, and Councilmember Harnik concurred. Councilman Spiegel moved to, by Minute Motion: 1) Deem Contractor's Proposal submitted by Doug Wall Construction, Inc., Bermuda Dunes,California, as non-responsive; 2) award the subject contract for the Freedom Dog Park Expansion Project in the amount of$54,000 to Cora Constructors, Inc., Palm Desert, California; 3)authorize the Director of Finance to set aside a 10°/a contingency for the project in the amount of $5,400; 4) authorize the Mayor to execute the contract — funds are available in Account No. 233-4670-454-4001 - Capital Park Improvement Fund. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 26 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 XVII. PUBLIC HEARINGS A. REQUEST FORADOPTION OFA MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVAL OF A NEW 4,000 SQUARE-FOOT SINGLE-FAMILY HOME, INCLUDING A 473 SQUARE-FOOT DETACHED GARAGE,ON A HILLSIDE RESIDENTIAL PROPERTY LOCATED AT 72000 CHUCKAWALLA WAY (APN 652-090-001), Case No. PP/HDP 13-198 (Mike De Cotiis/Pinnacle International Realty Group, Applicant). Assistant Planner Kevin Swartz stated that the subject vacant nine-acre parcel is located within the hillside on the border of the City of Palm Desert and the County of Riverside. He referred to an overhead aerial map projected on the screen in the Council Chamber, noting that the applicant also owns the adjacent parcels to the north, south, and southwest, with all parcels combined, including the subject nine acres, totaling approximately 34 acres. He also referred on the map to the access to the nine-acre site through County of Riverside and confirmed that those roads were already in existence. He reviewed the site plan, showing that the property would have a gravel driveway off of Chuckawalla Way, arriving first at a detached 473 square-foot garage, then the 4,000 square-foot home, and he also referred to a floorplan of the structures. He went on to say the home is single-story with varying roof lines between 11 and 14 feet and an overall building height of 18 feet, with an architectural style characterized as modern. Building materials include stucco, metal, tinted glass, and colors that are predominantly desert tones that will blend into the natural terrain and minimize any glare from Highway 74. He referred to the landscape plan, which consists of a natural desert theme with native species. He went on to note that a variety of visual studies were prepared to evaluate the potential impacts of the proposed projects. He said the use of story poles was implemented to illustrate future building heights on the site. Staff found that there were four small viewing corridors along Highway 74— in front of Silver Spur Mobile Home Park and the Indian Springs Mobile Home Park—where a small portion of the home would be visible, and he referred to photographs shown on the projected display in the Council Chamber. He said in a photo taken going southbound on Highway 74 toward Mesa View,the home would not be visible. Further, he explained that the proposed height and site location are supported by staff and will not adversely impact any viewsheds or diminish property values. As proposed, he said the Applicant is requesting two exceptions, both of which are allowed by Code: 1) An additional 473 square feet of structure; 2)an additional 5,722 square feet of total disturbed area. He stated that staff supported the two exceptions since the project site design, architecture, color, materials, and landscaping effectively achieve the Hillside Planned Residential Zone's goals of blending development into the natural terrain. For the record, he noted that on 27 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Tuesday afternoon this week, a resident within Indian Springs Mobile Home Park expressed concern with the height, with the resident stating that the home would block her view to the cross. He said that resident could not attend today but had requested that her concern be stated for the record. Responding to question about whether staff had gone to that resident's location to see if the story poles reflected her assertion, he said he did not go to the site. Mayor Tanner believed it didn't seem that there would be an awful lot of disturbance with the home and the height of the cross. He said he would be interested in finding out where that would be. He went on to note that the City had received a couple of letters, specifically one from Paul Bowie, citing concerns over the roads and impact on existing homes. In response, Mr. Swartz said that Mr. Bowie is a resident in the Cahuilla Hills area and has been opposed to the Applicant having access to the site through the County roads. But as of recently, he said that Mr. Bowie has stated that if the project is approved, then the Applicant should pave the dirt-road portion of Chuckawalla Way, which the Applicant has agreed to, and Condition of Approval No. 7 in the resolution addresses it. In answer to question about whether or not the Applicant will build other houses on the other vacant lots if the subject case is approved, he said that nothing is proposed at the present time, but noted that the Applicant was in attendance today and could address the question. Mayor Tanner declared the public hearing open and invited testimony SUPPORTING or OPPOSING Case No. PP/HDP 13-198. MR. GLEN HEGSTAD (sp?) said he was a resident in the house above where the Applicant intends to build. He felt the project was a great idea, he's seen the design and felt it will be a real asset to the neighborhood and supported it. With no further public testimony offered, Mayor Tanner declared the public hearing closed. Councilmember Harnik said after going through everything, it appeared to her that the Applicant has worked well with the City. The report says the project will be between ridge lines,with colors certainly conducive to what the City is trying to maintain in the hillsides, and she felt it looked like a lovely project and something that will not be obtrusive on the hillside. Mayor Tanner remarked that he was very impressed that the project got through both the Architectural Review and Planning Commissions with the type of votes that were cast at each. He felt it was a beautiful layout and design that fits into what the City's trying to find and do in the hillside. 28 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Mayor Pro Tem Weber moved to waive further reading and adopt Resolution No. 2014 - 13, adopting a Mitigated Negative Declaration of Environmental Impact as it relates to the project,and approving a new 4,000 square-foot single-family home, including a detached 473 square-foot garage, on a nine-acre parcel located on a hillside residential property. Motion was seconded by Harnik and carried by 4-1 vote(AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson). B. 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). Associate Planner Eric Ceja referred to the printed staff report provided in the agenda packets regarding proposed changes to the City's Accessory Structure Ordinance. He outlined that changes include revisions to placement standards, reformatting of the existing Code to be consistent with formatting of the Municipal Code, and creation of subsections addressing open and temporary structures. He added that staff had also revised the definitions for accessory buildings and structures to make them consistent throughout the Code. He then referred to photos of examples of accessory structures that are popular with residents, including storage sheds, playground equipment, trellises, and others available at local hardware stores. He said that placement standards have been expanded to allow for limited structure placement in the side yard, where it's currently limited only to the rear yard; side yard placement would be limited to structures no greater than 7 feet in height and subject to screening requirements. He said creation of an open structure subsection is for the purpose of elaborating on some of the current standards in the Code; and the open structure subsection would allow for structures to be placed on property up to 12 feet in height and accommodate popular structures like playground equipment, greenhouses, and trellises. A temporary structure subsection was also created to address fabric tents and other similar structures; staff proposed that those be allowed at no greater than four days at a time and no more than five times per year on private property. Lastly, he reiterated that staff updated the definitions for accessory structures to make them consistent. He said that at its January 14 meeting, Planning Commission reviewed staff's recommendations for Code changes and unanimously recommended approval of them, subject to creation of a sunset clause. He pointed out that the ordinance contained in the Council agenda packets did not contain the sunset clause, and a new ordinance was prepared prior to this meeting and distributed at the dais. He closed by saying that staff recommended City Council approve the changes and offered to answer questions. 29 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 MayorTannerdeclared the public hearing o�en and invited testimony in FAVOR OF or OPPOSED TO Gase No. ZOA 13-357. Mayor Tanner then noted that there's been a request to continue this matter to the next meeting, March 13, 2014. Mr. Erwin added the ordinance needs re-noticing with the addition that was made to it. He noted that from time to time, City Council does make corrections that are non-substantive and moves forward with certain cases. However, since this incorporates a one-year sunset provision that wasn't in the agenda packet prior to the meeting, he felt it needed to be re-noticed. Councilman Spiegel moved to, by Minute Motion, continue the public hearing on Case No. ZOA-13-357 -Accessory Structures to the meeting of March 13, 2014. Motion was seconded by Harnik and carried by 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). C. REQUEST FOR APPROVAL OF AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.97 - FOOD VENDING VEHICLES - AND THE ESTABLISHMENT OF INSPECTION FEES FOR FOOD VENDING TRUCKS (City of Palm Desert, Applicant). Ms. Aylaian noted that the City currently has two Municipal Codes in place governing "food trucks;"one is for push carts, the other for bigger, motorized food trucks. She said the County of Riverside has recently adopted changes for food trucks that will go into effect on April 8, 2014; their ordinance will govern the necessary health inspection and type of food trucks that can be permitted throughout the County, including cities such as Palm Desert. Because of the County's change, staff took a look at the City's existing ordinances and identified a couple of changes needing to be made so that Palm Desert can be consistent with the County. She said staff also identified a couple of opportunities the City may want to take advantage of to expand the food truck program, if the Council is interested in doing so from a policy standpoint. She went on to say that the most important change that the County made was allowing food trucks to actually cook food on site; right now they can only sell prepackaged food that's been prepared in a kitchen off-site then is trucked to a location where it's dispensed. In taking a look at the ordinance in place, staff identified a couple of things that might give greater flexibility if there are food truck vendors wishing to service the Palm Desert area. One is that currently the food trucks are limited in the locations they can serve, including being prohibited from serving in or around public parks. She said the thought was that there is probably an opportunity for food trucks to go to soccer parks, Civic Center Park, or similar locations where they would not be directly competing with existing restaurant businesses; and there might be the desire or need, especially when events are being held, for food that does not involve getting in one's car and driving 30 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 to another location for service. She added that the hours of vending now are relatively limited, and staff recommended that those be somewhat expanded to be from 9:00 a.m. to 5:00 p.m. in the winter, 9:00 a.m. to 7:00 p.m. in the summer months. She said right now they're prohibited from vending on Sundays and on holidays; whereas in fact, staff thought holidays may be a time when it would be a good opportunity for food trucks. For example, she said there are some food trucks at the City's 4th of July celebration, which are entitled under a Temporary Use Permit(TUP). Staff also identified that food trucks can be and are in other places employed in concert with Farmers Markets — food trucks that would vend organic or natural foods — and currently there's a prohibition on proximity to restaurants that staff wants to remain in place,except where there's a Farmers Market involved. Therefore, staff has identified some expanded hours and locations. Further, since some of these trucks will now be cooking, it's appropriate to have the Fire Marshal inspect them and the equipment to make sure that there's not a safety hazard to anybody involved. She summarized this meant that the item before Council today is twofold: 1)An ordinance that would revise the current regulation on location, time, place, and manner on food trucks; 2) a resolution that would adopt a fee for the Fire Marshal's inspection of those food trucks. She explained that the fee under resolution requires a 14-day notice, and that has not yet been met. So staff proposed opening the public hearing here and taking publictestimonyfrom anyone interested,and having first reading of the ordinance. Simultaneously, staff prescribed continuing the resolution to the next meeting,when there would also be second reading of the ordinance. She added that since these legislative documents have been crafted in-house by staff from a number of departments after a great deal of lively conversation, there hasn't been the opportunity to engage the Council yet in a discussion about policy behind food trucks, whether or not it thinks they're good or not and would like to capitalize on opportunities to expand their use here in Palm Desert. So staff is inviting Council's conversation, suggestions, and input it may have; and if any, staff can incorporate these points and come back. She pointed out that if staff's missed the target from what Council sees, it can come back with the ordinance again at a future meeting. Councilman Spiegel believed food trucks are a good idea but didn't want them hurting any of the City's existing businesses. He said for things such as concerts in the park,they'd be terrific. He asked for clarification over what he interpreted to mean that anyone owning a parking lot can have a food truck in it. Ms. Aylaian responded that was true; however, there are restrictions for proximity to schools and to food and drink establishments. She then provided an overhead display illustration of proximity and impact on existing establishments. Councilman Spiegel said he wouldn't want food trucks on EI Paseo. 31 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 In answer to Mayor Pro Tem Weber's question about construction sites, Ms. Aylaian said they're given one big blanket exemption; it's the last item in the ordinance and has not changed from the current where they're also completely exempted. She went on to show examples of the radius prohibitions/limitations currently in place; they're relative to restaurants that staff doesn't recommend changing. She referred to the example of the 750- foot radius from an arbitrary location in the Civic Center parking lot, and this is a location where it was felt perhaps there could be need or interest in food trucks—there are not a lot of restaurants near to either College of the Desert (COD) or to the Civic Center. Staff ineasured a 750-foot radius from the parking lot to see where it went and whether or not it would be possible to have food trucks without interfering or competing with existing brick-and- mortar restaurants; and in this case, it's successful-there are no restaurants nearby. Mayor Tanner said he was concerned about the concession stand at the ballpark. A food truck would be competing for money with the Palm Desert Youth Sports Association, and he felt that was something very special. He said the same thing would occur at the Hovley Lane Soccer Park. Ms. Aylaian answered that it would and was something staff was looking to Council for direction on. Further, she agreed that where there are concessions, the sports leagues do use them as a revenue source. Mr. Wohlmuth pointed out that just because food trucks are allowed within the 750-foot radius, they still need to get permission to use City property. Ms. Aylaian concurred, but she said if they're in the public right-of-way (parked on the street),they would not. If the food truck is parked in the City's parking lot, they would need permission of the property owner. Mayor Tanner noted that there was no way that a food truck would be able to park on Hovley Lane; although, they could park on the street just east of the Soccer Park (Corporate Way) and sell concessions. Mr. Wohlmuth agreed but noted that there is one width of parcels - the television station is located there - so it would be hard for soccer game attendees to get to a food truck on Corporate Way. He foresaw a bigger issue at Civic Center ball fields, because food trucks could potentially park on San Pablo Avenue. Councilman Spiegel suggested outlawing the food trucks during baseball season. Mayor Tanner restated that was his only concern, as the baseball concession stand is a revenue source that the kids and parents need to 32 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 defray the cost of uniforms, etc. He hated to compete with that revenue source. Ms. Aylaian offered that hours could be limited such that if concessions are operating, then food trucks would not be permitted. That would allow them in the Civic Center parking lot, for instance, at lunch hours when there would not be concessions going on that would compete. In response to Councilman Spiegel's question about the Cal State and UCR campuses' area, she referred to a rendering depicting radiuses from restaurants currently established in that area — Cook Street. She said by the time all those radiuses string together, there is almost a blanket; it would also occur along EI Paseo, Highway 111, and places like it, where there are so many existing establishments that there aren't places where vehicles could park outside of the 750-foot radius and conduct business. She noted that the one exception, however, would apply to Cal State and UCR, since they are on State property, the City's local ordinances cannot be enforced - the City doesn't have control now, nor will it have any with a new ordinance. She affirmed that this also applied to COD. Councilmember Harnik observed that neither Cal State, UCR, nor COD would come under the jurisdiction of the County's new food truck ordinance, either; she wondered if the State has made food trucks okay. Mr. Wohlmuth noted that the County's ordinance doesn't deal with time, place, or manner— it deals with the Health Department issues. So if COD allows food trucks on State property as the owner, and County Health Department permits the health aspect of the truck, it could be like any other property owner—the State could approve it. Mayor Tanner observed that then the food trucks could, again, compete with vendors at the Street Fair on Saturdays and Sundays at COD. He noted that there are vendors there now, but they pay to be there. Mr. Wohlmuth said that would be up to COD as property owner; but if it were up to him, he wouldn't let food trucks in without their paying the space fee. Ms. Aylaian then referred to another example displayed on the overhead projection screen along Highway 111. She took a single restaurant, in this case Panera Bread, and drew a 750-foot radius around; it was large enough that even if just going along Highway 111, it automatically includes all the way up to and beyond EI Paseo, as well as to the north. She emphasized that 750 feet is a pretty wide swath around existing businesses that would protect them. She said that protection is already in place with the City's existing ordinance,and the subject consideration does not propose changes. 33 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Councilman Spiegel said it looked to him like the only place one could really use a food truck would be in Civic Center Park during a concert; there's no place else in the City where it would make sense. Ms. Aylaian responded that it would make sense in the City's industrial areas. She said there currently aren't really large employment centers in the City's industrial areas; but there are places with a number of people. She agreed that there are restaurants on Cook Street, but she was speaking of areas farther back. She said there are some Service Industrial areas in the north end of town that likely don't have restaurants now that would potentially benefit from this food truck proposal. Responding to Mayor Pro Tem Weber's comment about Joni Drive, Ms. Aylaian said she was aware of a restaurant around Joni/Cook, and Councilmembers noted others in the area. She indicated that she hadn't measured from those locations, agreeing that such areas are where a food truck would typically go. Councilman Spiegel felt it was important to identify areas where food trucks could go without the generalization of a circle. Mayor Pro Tem Weber liked that idea as well. Upon Mayor Tanner's inquiry about whether or not the City could dictate that food trucks are not allowed to go into the City's parking lot on Hovley Lane or a certain radius from the Civic Center, Ms.Aylaian said as property owner, the City doesn't have to allow them. Mayor Tanner went on to say that he could see where a food truck would be very attractive at the Civic Center for City employees and others in this area, like the Parkview Office Complex(formerly known as The Brothers Building) Monday- Friday. However, he really wanted some strength in the language to indicate that the City doesn't want to compete with certain enterprises. He asked if this could be included in the ordinance. Ms. Aylaian referred to Mr. Erwin, as she was aware of certain case law surrounding radius restrictions. Mr. Erwin responded that a food truck would need the City's consent for any City property and was a basic requirement. In answerto Mayor Pro Tem Weber's question about public streets like Joni Drive and surrounding area and the City having to comply with the 750-foot radius, Ms. Aylaian answered that it would. She added that would hold everyplace where staff's proposing and confirmed it was already in existence. 34 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 Councilmember Harnik remarked that in reviewing the proposed regulation, referring to the item reading, "...unless that school is a college, university, or vocational school,..." she felt it was addressed pretty well. However, she would hate to see all those brick-and-mortar restaurants who made the investment early on and have ridden out the economic downturn get hurt now. Further, she noted vending would be allowed seven days/week during certain times(i.e., until 5:00 p.m. and 7:00 p.m.), but because the City really doesn't have the concentration of population, except for an occasional baseball game or the like, that may be a great time for the food trucks, acknowledging it's debatable. She foresaw food trucks as being more for special events and would be great there — then they would be permitted specifically for the event; although, then the 5:00 p.m. doesn't really work, because special events are typically held later. Having visited cities where they had food trucks, she said they're a lot of fun but are in places with denser population, and don't necessarily fit well in Palm Desert. To her, it seemed like they'd be something the City would use in limited and specific areas and then by special permit or event. Ms. Aylaian answered that food trucks are now allowed with a TUP for a special event, and this happens on occasion throughout the year. The proposed ordinance would not change that fact, but she offered that staff could write more explicitly into the ordinance something to the effect, "that except where permitted with a special permit." Councilman Spiegel pointed out that the City has some concerts coming up this spring after April 1, and it would be good to have food trucks during concerts in the park. Upon inquiry by Mayor Pro Tem Weber about whether or not staff had heard from food truck owners about the proposed regulation, Ms. Aylaian responded not a one. Frankly, she said staff was curious to know if there's enough of a market here that they'll be interested in coming to Palm Desert or if they needed greater density, a more urban location in order to be successful. She added that the City doesn't have a high concentration of businesses with people looking for places to have lunch and no place to go. Councilmember Harnik said she didn't see Palm Desert as the target market for food trucks. She noted that there was some spirited discussion at the Coachella Vatley Association of Governments Meeting when this topic came up, and there were different viewpoints. Again, she said people who were strongly for them are from places more densely populated, whether through work environments or more high-rise-type situations. Mayor Tanner agreed, adding that the City needs to make sure that it's doing the right thing for everyone. He recounted formerly traveling for soccer games, food trucks used to follow those events, and it was great because 35 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 there were no concessions, especially on the east end of the Coachella Valley. But he restated that he wanted to see some protection in place in Palm Desert, and it was the City's decision whether or not they go onto City property on Saturdays and Sundays, or if they go onto City property after 5:00 p.m. during the summer here at the Civic Center. Mayor Tanner declared the public hearing open and invited testimony from those in FAVOR OF or OPPOSED TO the proposed regulations for food vending trucks. No public testimony was offered at this meeting. Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 1268 to second reading, approving changes to Chapter 5.97 of the Palm Desert Municipal Code- Food Vending Vehicles; 2)by Minute Motion, continue the public hearing and consideration of Resolution No. 2014 - 14, establishing inspection fees for Food Vending Trucks, to the meeting of March 13, 2014. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaqer Meetina Summaries for the Period of January 27 - February 14, 2014. Mr. Wohlmuth noted the printed Meeting Summaries Report in the agenda packets and offered to answer questions. In response to question about the meeting with Capstone Advisors regarding property at Portola Avenue/Frank Sinatra Drive, he said there's been a lot of interest in the former SuccessorAgency properties. Capstone came in to express their desire to develop that property. He said the Successor Agency's Property Management Plan is not yet approved, so Capstone was advised to file a letterwith Palm Desert, requesting notification when the Successor Agency gets ready to dispose of former Redevelopment Agency land. Further, he responded that Capstone was interested in developing market-rate single-family residences. With City Council concurrence, the City Manager Meeting Summaries for January 27 - February 14, 2014, were received and filed. B. CITY ATTORNEY None 36 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 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 Reauests for Action: a) Pickleball -Councilmember Benson asked about the letter the City received from Shank&Ware(sp?) regarding Pickleball starting at six o'clock. Mr. Wohlmuth said Senior Management Analyst Ryan Stendell responded to the letter. Councilman Spiegel added that they're not starting as early;they can't start until nine o'clock now. He'd also spoken with the woman who wrote the letter, and she's satisfied. 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a)SunLine Transit Aaency—Councilman Spiegel stated that recently SunLine put in a route that goes past the Senior Center to make it easier for seniors to get there. However, the response has only been the receipt of complaints. Therefore, SunLine will have to conduct a public hearing to discontinue the route now that it's established. He said it looks like the results will be loss of the route, and then it won't go by the Joslyn Center. Mr. Wohlmuth said staff is also organizing a meeting at the Joslyn Center with both SunLine and City staff and the neighborhoods. The 37 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 two meetings are scheduled for Thursday, March 27, at 10:00 a.m. and 6:00 p.m.; everyone who's called the City will be notified of this opportunity to express their concerns at one of these meetings. 4. City Council Comments: None 5. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and unanimous City Council consent, Mayor Tanner adjourned the meeting at 6:03 p.m. VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 38