Loading...
HomeMy WebLinkAboutPrelim - CC - 04-24-2014 DRAFT � ::�.;: PRELIMINARY MINUTES /� �� �� REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 24, 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 Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Tony Bagato, Principal Planner Stephen Y. Aryan, Risk Manager 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 DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 44215 San Pascual (APN 627-102-017), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: 73697 Santa Rosa Way(APN 627-102-019), Palm Desert Negotiating Parties Agency: John M. Wohlmuth/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 3) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price x Terms of Payment 4) Property: 42065 Hovley Gardens Drive (APN 624-430-005), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Commercial Pacific Holding, Inc. Under Negotiation: x Price x Terms of Payment 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 5) Property: 75475 Orange Blossom Lane (APN 634-061-030), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Jack Garner, c/o Estate of Jack Garner Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Desert v. Shah, Riverside County Superior Court, Case No. INC 1301195 2) People v. Shah, Riverside County Superior Court, Case No. INM 1301466 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Tanner adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Palm Desert Youth Committee Member Michelle Dan VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B MS. CELIA HALLFORD, resident of Palm Desert Greens Country Club, Palm Desert, stated the back gate of their development is on Frank Sinatra Drive between Monterey and Portola Avenues. She said there is a median barrier on Frank Sinatra Drive at the back gate that prevents a car from turning left onto Frank Sinatra to easily get to Monterey Avenue. As it is currently, she explained that you have to go one way a mile east, then back two miles westerly to reach Monterey 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Avenue where ali the big shops are and the most direct route to everywhere one needs to go; there's nothing at the other end of Frank Sinatra. She asked that the median barrier be removed because it doesn't really serve a purpose, as she hardly ever encounters any other traffic there. She said if there is traffic in the future, a stop sign could be installed, noting that Country Club Drive is a very busy street, but Frank Sinatra is seldom traveled. Upon Mayor Tanner's inquiry, Mr. Greenwood responded that the location Ms. Hallford was referring to used to have a significant accident history involving left turns. Therefore, the left-turn access was blocked off in the interest of safety; cars can still turn left into Palm Desert Greens, they cannot turn left going out. MS. HALLFORD added that every time she egresses that gate, the traffic signal is holding all the traffic, and she never encounters any. She felt the issue should be revisited, and Mayor Tanner said the City would do so. MS. LORI CARNEY, City of Palm Desert Human Resources Manager, wished to inform the City Council and public that over the last two weeks, City of Palm Desert employees donated materials and their time to create Easter baskets for youth in the community. She said 38 of those baskets were given to children at Shelter From The Storm, and the City received a very gracious letter from Shelter in appreciation for the donation, which was received for the record and is now on file in the City Clerk's Office. She added that the remaining 41 Easter baskets made by City employees were donated to the Coachella Valley Rescue Mission, which was also extremely grateful to receive them. Mayor Tanner thanked Ms. Carney for the report and also added his thanks to employees for a job well done. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE JANET HANSON FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD, 2005 - 2014. On behalf of the entire City Council, Mayor Tanner presented an engraved crystal clock to Ms. Hanson in appreciation for her nine years of service on the EI Paseo Business Improvement District Board. B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2014 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to representatives of the Riverside County Mental Health Board, Jim Jones and Denise Diamond. 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 MR. JONES said that he and MS. DIAMOND serve on the Desert Region Mental Health Board. He explained that there are three regional boards plus the main board within Riverside County, and they are appointed by the Director of Mental Health to represent consumers from each of the County's regions. The Mental Health Board and the regional Mental Health Boards are advisory groups consisting of volunteers who work with the Riverside County Department of Mental Health to provide consumer and professional input as they relate to mental health services, and Mr. Jones and Ms. Diamond very graciously received the City's Proclamation. He went on to say that locally they are celebrating Mental Health Month 2014 with an Art Show and Creative Writing Contest on Tuesday, May 13,that's been held for about the last 15 years. He also invited City Councilmembers and the public to the "May is Mental Health Month" event at Fairmount Park in Riverside. Proclamations from all Riverside County cities will be on display at the event, which provides the community with opportunity to speak directly with mental health staff from each of the programs, as well as representatives from outside agencies who can fully explain services, programs, clinic locations, and answer any questions. This event is held annually through the collaborative efforts of the Mental Health Board and the Mental Health Department to raise awareness of inental illness and advocate for treatment and recovery. He noted that the event is free to the public and includes a variety of activities and informational resources, along with a children's activities center, local dignitaries, food and music. He provided a supply of fliers to the Council and for general distribution, and again thanked the City for the recognition. C. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY COMMITTEE MEMBER MICHELLE DAN. MS. DAN reported that the Palm Desert Youth Committee and the Riverside County Youth Advisory Council were teaming up to hold a Car Wash Fund- raiser benefitting the Jill Grant Memorial Scholarship Fund on Saturday, May 17, from 9:00 a.m. to 1:00 p.m. The fund-raiser will be held at the Palm Desert Self-serve Car Wash on Highway 111 across from Tony Roma's. She stated that pre-sale tickets for the Car Wash are $5 and available in the front office at Palm Desert High School, as well as from Youth Committee Advisor Amy Lawrence at City Hall. D. PRESENTATION OF INFORMATIONAL REPORT TO CITY COUNCIL BY COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT ENVIRONMENTAL BIOLOGIST JENNIFER HENKE, REGARDING THE DISTRICT'S EFFORTS TO REDUCE AND ELIMINATE MOSQUITOES. MR. DOUG WALKER, Palm Desert's appointed representative to the Coachella Valley Mosquito&Vector Control District(CVMVCD),was pleased to introduce Ms. Henke to the City Council and provide some good news to 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 the community—that it was nice to know that one of the City's cooperating agencies is functioning well. He said Ms. Henke has been the District's Environmental Biologist for the last approximately three years and felt it was representative of the professional level of the staff currently employed by the District. He said she would be providing a brief review of the kinds of programs she has and the cooperation with local cities, including Palm Desert, to work on what people often don't know about as sources of mosquitoes — storm drain sites. MS. JILL OVIATT, CVMVCD Public Information Officer/Manager, reported that this is"West Nile Virus Awareness Week"across the State of California, as declared by the California Legislature. She called attention to the packets of materials she provided each Councilmember,which includes a "Fight The Bite"insert that gives tips to Palm Desert and the rest of the Coachella Valley residents on what they can do to help protect against West Nile Virus, which is carried by some of mosquitoes in the desert. She publicly thanked the City's Public Information Officer, David Hermann,who's been very helpful by getting information out to the public through the City's website and linking to the DistricYs during the most critical time for making residents aware of the need to be looking out for mosquitoes. She noted that we've just experienced a warm winter and warm spring, mosquitoes will come out early, and they expect another year of West Nile Virus transmission. She encouraged everyone to stay safe and "fight the bite." MS. JENNIFER HENKE, CVMVCD Environmental Biologist, referred to a PowerPoint presentation, which was previously handed out to Councilmembers and is on record in the City Clerk's Office, and addressed the City Council about storm water structures and how they can breed disease-carrying mosquitoes, which are found in the Coachella Valley. She reported on the mosquito life cycle,which is mostlywater-based, and various ways the District works to reduce and eliminate them. She credited the City's Public Works Department with helping to develop a terrific partnership with the District to eliminate standing water in storm water receptacles. She said the District has a robust inspection schedule for checking and testing areas where water is or may be present, last year making about 36,000 such inspections throughout the Valley and 10,000 treatments to kill larval mosquitoes living in standing water. She said even then, they caught about 250,000 adult mosquitoes flying around so that they can be tested for carrying West Nile Virus. If found, she said that's when some of the District's other control activities begin—either spraying vegetation to catch those adult mosquitoes where they're resting,ordoing nighttime sprays with an ultra-low volume amount of pesticide in order to kill them at night when they're flying around. She noted that it would be her goal to eliminate all standing water locally, adding that residents are very good about reporting the visible sites of standing water (e.g. water standing in gutters from over watering or "green" swimming pools). Water standing underneath the street was more 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 concerning—that which comes off residents' lawns and rolls down the street into storm water structures that are required for the times when the area has a rain event. She said Palm Desert does a fantastic job of cleaning out storm water drain sites that the City owns, but there is often a lack of regular maintenance done on those controlled by homeowners' associations or property management groups. She also credited the City's Planning Department with helping ensure proper design of storm water receptacles. MS. HENKE went on to say that the District wanted to try installing retrofit accessories to some of the catch basins to help eliminate concerns; there were four sites down the road that caused particular problems with many treatments,and the Public Works Department agreed to let the District install two different types of catch basin gates. She offered that the goal was not only to keep debris out of those areas but also mosquitoes, because if the debris is absent, products the District uses can better go through the water column and provide better control of mosquitoes that are present. She said the two types of catch basin gates were a stainless steel and a baleen-bristle screen. She noted that the manufacturer of the baleen-bristle screen touted it as a total blocking mechanism for mosquitoes. She said they cleaned out the two catch basins before installing the two types of screens — carefully removing all the material present and weighing it as a baseline measurement to compare against after screens were installed. With installation of the stainless steel screen, it helped reduce the amount of debris getting in by 92°/a, and by 82% on the installation with the baleen-bristle screen, where she said some concrete and Styrofoam got underneath the bristles. Follow- up treatments for mosquitoes in those locations provided a mixed result; one of the stainless steel sites had more treatments, one less, which they attributed to more water getting into the one site with some activity going on from residents up the street. She reported that one of the bristle-screen sites went completely dry and stopped being a mosquito site, which was terrific; the other site also had fewer treatments, also a positive result. Overall, she said that concrete and Styrofoam could get into the bristle-screen site that could be a problem forthe Public Works Department; mud from rain clumped the bristles together, leading to mosquitoes being able to get through them afterward. Further, street sweeping was an absolute must with the stainless steel screens, with some mud accumulating outside the screen that was eliminated after the sweeper went by. Screens reduced the number of chemical treatments required, which was the District's goal, and she said they felt the stainless steel screens worked better for these sites, even though one site had more treatments, it did a better job of keeping trash out and was a better use of the money spent. Besides these types of retrofits, she noted that there were other methods of preventing mosquitoes — educating residents about over-watering with events like "West Nile Virus Awareness Week," working together on maintenance of problem sites with Mr. Greenwood and his department and continuing to install retrofits, which has been discussed for the future, and using good design principles to 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 prevent problems. She said that meant not just size of the storm water structures but also the landscaping around them —setting the sidewalk next to the street and even setting back the grass area adjacent or replacing it with desert-scape helps prevent waterfrom accumulating in the storm drain. She said doing these things will lead to catch basins being dry and helping to "fight the bite" together. Upon inquiry about whether or not the stainless steel gates would interrupt the flow of water if debris accumulates in front after a large rain event, Ms. Henke said the gates were installed in February 2013, and there was a big August rain and one again February 2014, and the stainless gate will flip open during a heavy rain so that water can get out of the street quickly. Once the flow slows, the gate closes. Responding further about how many mosquitoes with West Nile Virus were discovered annually, she said it varies every year; in 2013 there were 45 positive mosquito pools throughout the Valley, and three local residents contracted the virus. She said the Coachella Valley has been fortunate not to have any deaths, but there have been deaths in the County since the virus was introduced in 1999. Answering a question about symptoms of the virus, she said a person would experience flu-like issues (headache, fever, nausea), but if it's one of the more serious concerns, it's a flu that doesn't go away. Problems can then move on into neurological issues of coma, or problems speaking or walking. Fortunately, she said the disease is relatively rare; most people don't have symptoms or just have a very light flu-like case. She restated that if someone experiences a flu that doesn't go away, they should visit their doctor to make sure it's not something more serious. Councilmembers thanked Mr. Walker, Ms. Oviatt, and Ms. Henke for the enlightening presentation. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 10, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 202, 203, 206, 207, 208, and 212. Rec: Approve as presented. 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of March 25, 2014. 2. Parks & Recreation Commission Meeting of February 4, 2014. 3. Public Safety Commission Meeting of February 12, 2014. 4. Youth Committee Meeting of March 3, 2014. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stoli Group, U.S.A., LLC, 72948 Willow Street, Palm Desert. Rec: Receive and file. E. RESOLUTION NO. 2014 - 29 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Temporary Use Permits from the Department of Community Development that Have Been Digitally Imaged, Dated 2000 - 2003. Rec: Waive further reading and adopt. F. REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the Special Programs Department in Fiscal Year 2014-2015 by Granting an Exception to the Bidding Requirements in Palm Desert Municipal Code Section 3.32.090. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2014-2015 for the Special Programs Department; 2)approve the Special Programs DepartmenYs Preferred Vendor List for this purpose. G. REQUEST FOR EXTENSION of Contract with White Nelson Diehl Evans, LLP, to Perform Auditing Services for the City and its Related Entities for One Additional Year(Contract No. C27545). Rec: By Minute Motion, authorize extension of the subject contract with White Nelson Diehl Evans, LLP, Irvine, California, for one additional year, Fiscal Year Ending June 30, 2015. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 H. REQUEST FOR AUTHORIZATION for Director of Public Works to Submit Grant Applications for COLMAC Funds. Rec: By Minute Motion, authorize the Director of Public Works to submit Grant Applications for COLMAC (Colmac Energy, Inc., Litigation Settlement) Funds in response to a call for projects by the County of Riverside. 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 Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE N0. 1267A-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE PLACEMENT STANDARDS AND SECTION 25.99- DEFINITIONS - TO COMBINE AND MAKE DEFINITIONS CONSISTENT FOR ACCESSORY BUILDINGS AND STRUCTURES, Case No. ZOA 13-357 (City of Palm Desert, Applicant). Associate Planner Eric Ceja stated this was the second reading of the Ordinance. He offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1267A. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 2. ORDINANCE NO. 1271 -AN ORDINANGE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO SINGLE-USE CARRYOUT PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION OF RECYCLED PAPER BAGS BY RETAIL ESTABLISHMENTS (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this item was approved at the last City Council for first reading, and this was the second reading of the Ordinance. He brought with him and displayed different types of bags at the podium,which included the single-use plastic bag that the Ordinance would prohibit, larger bags that are allowed under the Ordinance, and reusuable bags. He pointed out Lulu Lemon provided a canvas-style reusuable bag forfree. He also displayed a sample of the reusuable bags the City will be ordering and handing out to residents at special events; the City will be ordering 10,000 reusable bags. Responding to question, he said Bed Bath & Beyond's bag is approved as a paper bag, and there will be a ten-cent charge. The reason for the ten-cent charge is to avoid creating a one-to-one ratio between plastic and paper. Currently, it is estimated that 22 million plastic bags are used in Palm Desert. In otherwords, staff didn't want the numbers to become 22 million paper bags versus 22 million plastic bags. He said this is the Ordinance that's being used throughout other cities and counties in California, and it is also the ordinance Coachella ValleyAssociation of Governments(CVAG)and other local cities have approved. The ten-cent charge is to avoid a one-to-one conversion from people using 100% plastic to 100% paper. When the charge was used in San Francisco, they found that after six months 94% of the people used reusable bags. He pointed out the City is providing a longer lead time so that staff can provide education to businesses and residents. Additionally, hotels and timeshares are going to provide reusable bags, so visitors coming into town will have bags provided to them. He said the charge can be avoided if people brought their own bag. On the issue of enforcement of the ordinance, he has some ideas to share if Council wished to discuss it further. Mayor Tanner asked staff to elaborate on the time frame for the enforcement of the Ordinance. Mr. Bagato explained that if the Ordinance is approved for second reading, the effective date of the Ordinance becomes October 1, 2014, which kicks off a six-month time limit to April 1, 2015, for large grocery stores that generate more than $2 million worth of sales. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Small stores that are 10,000 square feet or less, retail and non-grocery, have a full year from October 2014 to comply, which would be October 2015. Upon the effective date of October 1, 2014, staff plans to send out newsletters and/or mailings to businesses to inform them of the time limit, which can also be done through business licensing. Staffwill provide education and promote reusable bags through special events. Once the Ordinance is into effect, first and foremost before issuing any possible citations, staff will look into a complaint and provide some education. After a couple of years of the Ordinance, staff may consider hiring a consultant to conduct a survey, because other cities found that after three years they had 98% compliance; they conducted a spot check on the 2% of the stores that were noncompliant. However, Palm Desert would like to be less intrusive, and enforcement of the ordinance will mostly be complaint driven with possibly using a consultant down the road to check for compliance,which can be done every five years. Ultimately, if someone was unwilling to work with the City, there would potentially be a fine under the basic fine structure, which can be$50 per citation, but that would be the worse case scenario. A couple of the jurisdictions he spoke with that have been doing it for years, never had to fine anyone. In Palo Alto, they only had to audit one company that reluctantly violated the ordinance. He said this is what's been going on in northern California and in the coastal communities, and the ten-cent charge has been implemented by most of the California ordinances that have been approved to date. Councilman Spiegel asked if the Macy's bag met the ordinance's approval. Mr. Bagato answered yes, stating it met the thickness requirement. Councilmember Harnik stated that as an example, the bags with the handouts provided earlier by the Mosquito & Vector Control District, would not be subject to the Ordinance. Mr. Bagato agreed. Responding to question about the National List provided by staff, he explained that in his past presentation he had referenced there were more than 116 cities and counties that had adopted a ban on single-use plastic bags, so he went to the California recycle websites and downloaded a list of national ordinances. He felt it was important to show that a lot of people that traveled to Palm Desert, even from higher-end and larger communities, were already following a similar ordinance. For instance, in Texas and Alaska they have a five-cent charge. Ordinances that include a ten-cent charge appears to bring about the highest change in behavior; some areas in California charge up to twenty-five cents. Additionally, large 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 franchises in California are already implementing similar ordinances, and they have indicated to him they preferred consistency. Staff also believes it would be best to keep the Ordinance consistent with other communities, stating it would be difficult, confusing, and complicated for staff to enforce a charge for one business and a different charge for another, and probably even more complicated for residents, business owners, and visitors. He reiterated this was the ordinance that was presented through CVAG regionally, which the City believed was the best approach. Responding to question about heavier plastic bags versus paper bags, he said stores can choose to use paper or a canvas bag, but if they use paper, there will be a ten-cent charge. Further responding, he confirmed there is no charge for using a thicker plastic bag. Mayor Tanner asked about the bags used to store vegetables, meats, and/or dry cleaning bags. Mr. Bagato replied thin plastic bags can be used if there is a contamination issue. Mayor Tanner asked if the Grocers Association had any concerns with the proposed Ordinance. Mr. Bagato said the Grocers Association supports the ordinance with a ten-cent charge for paper, but if there was no charge, they would be concerned. He said it was a huge cost to the grocers to use paper bags, stating it took seven truckloads to deliver the amount of paper bags equal to one delivery of plastic bags. Additionally, the amount of gasoline being used to ship paper bags to grocery stores has an environmental impact as well. Therefore, the grocers are in support of the charge, because it will implement more reusable bags. He said from an overall sustainability and waste reduction standpoint, the ordinance will help eliminate plastic bags, reduce waste,and cut down emission by delivery trucks. Councilmember Benson asked if staff checked with other cities similar to Palm Desert, like Carmel, as far as tourist. Mr. Bagato replied he checked the bay area, not necessarily the coastal ones, and found Palo Alto has a similar high-end retail district. He said the national chains are familiar with this ordinance, because they are implementing it in their stores at other cities, and they didn't have a problem with it. He said the Ordinance is very new to the desert and even in southern California, unless you are on the coast. He said Los Angeles was just introduced to this ordinance over a year ago, and northern California has been doing this for more than three 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 years. However, it was definitely a surprise for businesses here in Palm Desert. MS. MARY CARDAS, Savory Spice Shop, Palm Desert, stated that in general she supported the ordinance as she too was tired of collecting single-use plastic bags. However, her only concern was the requirement of having to print on each paper bag the recycled contents, which is not as big a deal as also having to put the address, location, and printer on each bag. As a franchisee, they currently have paper bags that are from a single source, and other cities that have enacted these bans did not have this requirement. Therefore, having to hand stamp or have to provide that specific information was a bit onerous. MR. BOB FLIDAY, The Gardens on EI Paseo, Palm Desert, stated he represented quite a few stores at The Gardens on EI Paseo and EI Paseo Village. He appreciated what the City was trying to do with the plastic bags, particularly at the grocery stores, because he too would prefer not to have them. However, on the flip side, all the stores he represented, with the exception of Apple, have always used paper bags. He checked all the bags he had in his office and not one was compliant, because it didn't show the location other than it was made in China. He displayed a Louie Vuitton bag that indicated it was made out of recycled material. He expressed concerned that most of these stores from the inception have used paper bags, and now all of a sudden will be required to charge ten cents, which seemed like an irritant charge for customers. He understood charging ten cents in big cities like San Francisco, but here on EI Paseo where they have high- end businesses and stores that have never charged for bags, he found foolish. He said if the grocery stores were going from plastic to paper and incurring a substantial cost, he could understand them trying to recover some of that cost, but for Louie Vuitton to retain ten cents on something they never had to do before, given their bags probably cost $2.50, was ludicrous. Councilman Spiegel asked how the stores in Los Angeles and San Francisco were handling it. MR. FLIDAY replied they are charging ten cents, but those are big cities. He reiterated this seemed like a foolish charge for a small business district like EI Paseo. He said it was the ten cents that bothered him the most, in addition to having to provide the required information on the bags, which will cost stores a lot of money. He questioned how the City will deal with doggy bags at restaurants. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Councilmember Harnik explained the Ordinance didn't apply to bags where there is a possibility for contamination relating to food. She asked staff what was the intent of having all the recycled information on the bags, and what was the Ordinance trying to achieve. Mr. Bagato said the language was obtained from other jurisdictions when the model ordinance was created. He noted some jurisdictions dropped this requirement, because it was one of the bigger contentious items. For instance, Apple was against it in San Jose, so the requirement was removed from the Ordinance. He explained that because the paper bag is supposed to be a certain percentage of recycled material, proof of where it was obtained became a requirement. He said if Council was willing, the definition on this issue can be modified, and staff can reurn for another second reading. Councilman Spiegel clarified the ten-cents would be kept by the store; the City wouldn't make any money on the bags. MS. LAURA PERALTA, Representative of the California Grocers Association (CGA), Burbank, Sacramento, thanked the Council for joining CVAG and Coachella Valley cities in going forward with the proposed Ordinance. She said she represented the southern California area, and her counterpart represented northern California; they work with more than 100 cities who have implemented this Ordinance successfully. She said it has been great working with Mr. Bagoto in getting all the questions answered. She said CGA is a nonprofit statewide trader association who represents the food industry with more than 500 retail member companies and approximately 300 supplier companies. She said CGA supports the proposed Ordinance, because their model is a ban on plastic and a charge on paper. For the grocers' industry iYs very important to implement a ten-cent charge, because municipalities that went off the road with a different type of ordinance and didn't charge the ten cents, behavior changed from consumers using the single-use plastic bags over to using paper bags. When this happened in San Francisco, there was a significant cost, so they were happy to give out free plastic bags that cost one cent. Therefore, moving forward with this model that includes a ten-cent charge is very important forthe grocery industry, and that encompasses convenient stores, and other stores like Target. She said it was important to have consistency with neighboring cities so that consumers didn't go over to another city to avoid paying the ten cents, and equally important for consumers to understand what the policy is in the regional area, because it's better for business. She offered to answer any questions. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 MayorTannerinquired aboutthe lettering requirementon paperbags, stating it would be an expensive venture, especially when trying to purchase in bulk for stores such as Louie Vuitton. He asked Ms. Peralta if other jurisdictions are implementing the definition requirement or are they opting to eliminate it from the ordinance. MS. PERALTA replied she hadn't seen this be an issue, but she will work with Mr. Bagato to research how other jurisdictions have gone around it. MR. DAVID FLETCHER, EI Paseo, Palm Desert, expressed support for the proposed Ordinance as it pertains to grocery stores. He said he understood the ten-cent charge and its intent to discourage people from using single-use plastic bags and converting to paper bags to encourage the use of reusable bags. Additionally, he understood grocery stores trying to compensate for the increase cost of paper. However, as President of the Merchants Association for EI Paseo, he asked the Council to limit this ordinance to grocery stores in Palm Desert and not expand it to all retailers. He went on to say he was confused about all the cities that have enacted this model ordinance, because it appears there are variations of this ordinance. He questioned how many of the 160 cities have the same requirements that are in Palm Desert's ordinance, and is the ordinance expanded to all retailers in their city. Secondly, this ordinance only allows Palm Desert merchants to use recycled paper bags or reusable bags that contain 40% recycled material, the proper labeling, and 100°/a recyclable. Unless it met the ordinance requirement, a merchant would be prohibited from giving out that bag. However, if they do use an approved bag, there is a charge that needs to be separately itemized on the sales receipt. As it pertains to EI Paseo merchants, he is afraid that customers that come to Palm Desert will find it an annoyance. He spoke to someone who experienced this situation in San Francisco, which apparently also applied to some retailers, and her reaction was to put her purchase in a bag she already had from another merchant. He said EI Paseo stores use their bags as advertisement, and he wasn't sure that it would be in the best interest of EI Paseo stores to have a customer put their purchase in another merchant's bag. He spoke with the general manager at Westfield who also shared the same concern of customers bringing their own bags as a shoplifting concern, which is a behavior they didn't want to encourage. He said this ordinance was an overstep by the City, stating it was dictating that someone must be sustainable. He wondered what would be next, will the Council then dictate that people should drive Prius and/or ban all greeting cards that are not made of recycled material. He again asked the Council to limit this ordinance to grocery stores. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Councilman Spiegel pointed out that according to the National List of Local Plastic Bag Ordinances,which was provided by staff, under Los Angeles City, it states, "In June 2013, the LA City Council adopted an ordinance banning single-use plastic bag and placed a ten-cent charge on paper bags. Effective for large supermarkets in January 2014, it was expanded to drug stores, convenience stores, and other supermarkets in July 2014." Based on that information,the ordinance wouldn't apply to these small stores. Mr. Bagato agreed in Los Angeles it wouldn't apply to small stores. However, most current ordinances that have gone out, it does apply. He said as a quick survey, in the first four pages of the List, he found twenty of the ordinances that prohibit all retail. He explained that initial ordinances were only for grocery, pharmacies, and drug stores, and in some of the larger counties, they are dealing with it as well. He said many cities in the coast and northern California, which this ordinance was modeled after and endorsed by CVAG, is the one every local community is looking to support. In order to keep uniformity in the Valley, it will apply to all retail. Councilman Spiegel asked if the Council can remove the signage requirement from the paper bag. Mr. Bagato replied the condition can be modified. He recommended this item be continued to the first meeting in May to allow him to work with the California Grocer Association in modifying the condition. He will also have the City Attorney review and look at other jurisdictions that didn't include that definition. Mayor Tanner stated he would support a continuation. However, he felt everyone needed to understand the City of Palm Desert wants to be at the front end of this, because the City will be faced with a State mandate. As much as Palm Desert didn't want to be controlled again by the State, the Council is trying to adopt an Ordinance and make it the best thing for Palm Desert. He believed the ordinance can be made more convenient to the stores where they can use bags in multiples as oppose to redoing every bag. Councilman Spiegel moved to, continue to the meeting of May 8, 2014, with staff directed to make the appropriate contacts and rework the language regarding the printing required on recycled paper bags. Motion was seconded by Weber. Mayor Pro Tem Weber stated that regardless of whether or not the City will remove the printing requirement, stores will still be required to use recycled paper bags. However,the Council was still faced with the other issue of retailers charging ten cents, showing proof of a 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 separate line item, reconciling their inventory, and so forth for an audit. She asked if there was a way to eliminate this from the ordinance. Mr. Bagato agreed to look into the printing requirement, but on the other, if the City eliminated the separate line item, how would staff monitor retailers for enforcement, stating an audit would be the ultimate last resort. He agreed to look into modifying this issue as well, if that was the Council's purview Councilman Spiegel asked if Palm Springs had any problems. Mr. Bagato replied Palm Springs has already approved the first and second reading, including Desert Hot Springs. He said Palm Springs ordinance will go into effect in April, and October for the larger stores; Desert Hot Springs will go into effect after the summer. Councilmember Harnik agreed with Mayor Tanner's point that this ordinance will be State mandated, and she would prefer Palm Desert make its own rules, regulations, and ordinances. She said the State has continuously proven they didn't necessarily have the City's best interest at heart. In reviewing the National List, she noticed there are ordinances adopted in 2007 where they charged $1.00 per bag. Additionally, the ten-cent charge can be turned into a positive by donating the funds to a local charity or for a specific cause like a facade enhancement on EI Paseo. She agreed staff needed to study the printing requirement, but most bags are thick enough that they won't be subject to the single-use issues. She reiterated Palm Desert needed to be at the forefront of this ordinance before the State implemented something that wouldn't be Palm Desert favored. Mayor Tanner pointed out plastic bags were the issue and not paper bags, and as a last resort, the paper bag would go into an audit system for retailers up and down EI Paseo. He said this was more of a grocery issue than any other. Mayor Tanner called for the vote, and the motion to continue the item carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Mayor Tanner thanked Mr. Bagato for all the research and input, stating the Council was also looking forward to putting this issue behind at the May meeting. 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO MARIPOSA LANDSCAPES, INC., FOR A 24-MONTH TERM IN THE AMOUNT OF $145,224, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($29,044.80) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33300, PROJECT NO. 906-14). Mr. Greenwood noted this contract and two other landscape contracts on the Agenda are routine landscape maintenance contracts. The contracts are for terms of 24 months and they can be extended beyond that with Council approval. He added finro of the three contracts have significant cost increases over the previous years, because the method of awarding the contract was changed. They are professional services contracts rather than a low bid construction-type contract. Staff did this with other landscape contracts and they have been successful, in that the City gets what it expects in the level of service. With the low bid method, the City didn't get the level of service it needed; therefore, staff recommended approval for all three contracts on the agenda. Councilmember Harnik moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 6 (LMA No. 6) to Mariposa Landscapes, Inc., Bermuda Dunes, California, for a 24-month term in the amount of $145,244 ($72,612/year); 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($29,044.80); 3) authorize the Mayor to execute said contract — funds are available in Desert Willow Account Nos. 441-4195-495-3320 (Maintenance) and 441-4195-495-3321 (Extras). Motion was seconded Spiegel. Mr. Wohlmuth pointed out the additional charge for the landscape contracts are included in the 2014/2015 proposed budget. Mayor Tanner called for the vote, and the motion carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO MARIPOSA LANDSCAPES, INC., FOR A 24-MONTH TERM IN THE AMOUNT OF $360,984, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT($72,196.80) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33310, PROJECT NO. 909-14). Please refer to New Business Item A for discussion and action. Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 9(LMA No. 9)to Mariposa Landscapes, Inc., Bermuda 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Dunes, California, for a 24-month term in the amount of $360,984 ($180,492/year); 2) include extra repair work and services in an amount not to exceed 20%of the 24-month contract amount($72,196.80); 3)authorize the Mayorto execute said contract—funds are available in the Landscape Repairs/Maintenance Account, No. 110-4614-453-3370. Motion was seconded by Harnik and carried by a 5-0 vote(AYES: Benson, Harnik,Spiegel, Weber, and Tanner; NOES: None). C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO EXCEL LANDSCAPE, INC., FOR A 24-MONTH TERM IN THE AMOUNT OF $453,840, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT ($90,768) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33410, PROJECT NO. 917-14). Please refer to New Business Item A for discussion and action. Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 17 (LMA No. 17) to Excel Landscape, Inc., Corona, California,for a 24-month term in the amount of$453,840; 2)include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($90,768); 3) authorize the Mayor to execute said contract — funds are available in Account Nos. 110-4610-453-3320-R/M Landscape Services, 110-4611-453-3320-R/M Landscape Services, and 110-4610-453-3371 - Tri-Cities Sports Facility. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). D. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), SEEKING AN ARTIST OR ARTIST TEAM TO CREATE ARTWORK FOR EITHER THE WEST- OR NORTH-FACING EXTERIOR WALL OF THE COMMUNITY BUILDING AT CARLOS ORTEGA VILLAS; AND APPROVAL OF THREE (3) $1,000 HONORARIA TO FINALISTS TO CREATE PROPOSALS FORTHE ARTWORK(CONTRACT NO. C33500). Management Analyst Deborah Schwartz stated this is one of the Public Art components for the Carlos Ortega Villas. The idea for this piece is for the artist to create either an enduring tile or glass non-painted mural for the complex. The mural will be based on the life of Carlos Ortega, so as part of the proposal, the artist will be required to work with the City and people who knew Carlos. She said the proposal will come back to Council for final approval. Councilman Spiegel moved to, by Minute Motion: 1)Authorize staffto issue an RFQ, seeking an artist or artist team to create artwork for either the west-or north-facing wall of the Community Building at Carlos Ortega Villas; 2) approve honoraria in the amount of $1,000 each, for a total up to $3,000, for up to three (3) finalists to create a design 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 proposal for the artwork — funds will be disbursed in FY 2014-2015 from Account No. 436-4650-454-4001. Motion was seconded by Benson and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). E. REQUEST FOR APPROVAL OF 18 SCULPTURES AND THREE (3) ALTERNATES SELECTED FOR THE 2015/2016 EL PASEO EXHIBITION; AND APPROVE HONORARIA OF $2,576 FOR EACH OF THE PARTICIPATING ARTISTS (CONTRACT NOS. C33510A - R). Responding to question about the time line for installation of the sculptures, Management Analyst Deborah Schwartz replied the current show will go out at the beginning of October, and the new sculptures will go in before Thanksgiving, because installation does require some road closures. Mayor Pro Tem Weber stated she was fortunate to be a part of the Art In Public Places Commission, stating it's been very educational and she is enjoying it immensely. Mayor Pro Tem Weber moved to, by Minute Motion: 1) Approve the 18 sculptures and 3 alternates selected for the 2015/2016 EI Paseo Exhibition; 2) approve honoraria of $2,576 for each of the participating artists — funds will be available in Account No. 436-4650-454-4002 in FY 2014-2015. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). F. REQUEST FOR APPROVAL OF A BOND PROCEEDS FUNDING AGREEMENT IN AN AMOUNT NOT TO EXCEED 25% OF THE TOTAL PROJECT COSTS FOR THE PORTOLA AVENUE / INTERSTATE 10 INTERCHANGE PROJECTBYTHE COACHELLAVALLEYASSOCIATION OF GOVERNMENTS, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY,AND CITY OF PALM DESERT(CONTRACT NO.C33520(JOINT CONSIDERATION WITH THE SUCCESSORAGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst Veronica Tapia stated that in 2008 the City Council approved the future construction of the Interchange at Portola Avenue and Interstate 10 with Coachella Valley Association of Governments(CVAG). In anticipation of the project, the Redevelopment Agency included it in the bonds that were issued for $15 million. Approval of the Bond Proceeds Funding Agreement will allow the City to deposit the funds with CVAG in anticipation of the construction and to use the funds for the intended purpose. The Agreement went before CVAG's Transportation Committee and Technical Advisory Committee earlier this month, and both committees approve it. The Agreement will now go before the Executive Committee on Monday for final approval. If the proposed Agreement is approved by the City Council this evening, and CVAG's Executive Committee on Monday, it will then go before the Oversight Board on May 5. If approved by the 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Oversight Board, the Agreement will then go to the Department of Finance for their consideration. Councilman/Director Spiegel moved to: 1) Waive further reading and adopt Resolution Nos. 2014 - 30 and SA-RDA 028, approving the execution and delivery of a Bond Proceeds Funding Agreement in an amount not to exceed 25% of the total project costs for the Portola Avenue/ I-10 Interchange Project by and among the Coachella Valley Association of Governments (CVAG), Successor Agency to the Palm Desert Redevelopment Agency, and City of Palm Desert, and taking certain related actions therewith;2)By Minute Motion, authorize the Mayor and Chairman, upon finalization of the agreement by the City Manager and approval by both CVAG and the Oversight Board of the Successor Agency, to execute the Bond Proceeds Funding Agreement regarding Portola Avenuell-10 Interchange Project. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XV. CONTINUED BUSINESS A. APPOINTMENT OF MEMBERS TO THE CITY'S HOTEL AND SIGNATURE EVENTS COMMITTEE (Continued from the meeting of March 27, 2014). Mr. Alvarez stated that at the direction of the City Council,the resolution was modified to include a committee membership makeup that will consist of two councilmembers, two general managers of hotels with over 100 rooms, two general managers of hotels with under 100 rooms, and one representative from the Convention and Visitors Bureau. The attached resolution identifies and addresses the direction of the City Council. Councilman Spiegel said he received an email from Ms. Barbara deBoom wondering why her name was taken off the list. Mr. Alvarez explained the City Council directed staff to incorporate a committee membership that consisted of hoteliers that would allow the City to drive and attract new conventions, new signature events, and the proposed resolution reflected Council's wishes. Mr. Wohlmuth added the membership was placed on the City Council agenda listing Barbara deBoom and representatives from The Living Desert and the McCallum Theatre. When the item was before the Council, the Council continued the item with direction to staff to look at it again to create a committee similar to how Palm Springs did it. In looking at how Palm Springs established their committee, and given how successful it was, staff went back to the hotel concept that would not include those individuals initially suggested, which is what is before the City Council today. In addition, with the new Transient Occupancy Tax Measure up for consideration, staff would like to have this committee already established so that it can obtain insight from the hoteliers on how the T.O.T. funds could be 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 spent to increase hotels Average Daily Rates (ADR) in Palm Desert and the types of events that would fill hotel rooms. He said this was more of a hotel committee than an event committee, but when staff met with hoteliers, one of the areas of input from them was for Palm Desert to look at events like Palm Springs has. Staff's comment was that not all Palm Springs events are the same kind of events it wanted for Palm Desert. Councilman Spiegel stated he personally disagreed with the decision to remove the three individuals listed in the initial resolution. Councilmember Harnik moved to: 1) Waive further reading and adopt Resolution No. 2014-31, rescinding Resolution No. 2013-63 and establishing an advisory committee known as the Hotel and Signature Events Committee; 2) By Minute Motion, appoint the following seven(7)Members to the Hotel and Signature Events Committee,with staggered terms of two, three, and four years to be determined at the Committee's organizational meeting: Councilmember Jan Harnik, Councilman Robert Spiegel, Councilmember Jean Benson(Alternate), Ralph Scatena, General Manager, J. W. Marriott Desert Springs Resort and Spa, Jeff Kokinacis, Sales Director, Embassy Suites Hotel, Arnold Kirschenbaum, General Manager, The Inn at Deep Canyon, Marilyn L. Dyer, Marketing Manager, Club Intrawest, Scott White, President & CEO, Greater Palm Springs Convention&Visitors Bureau. Motion was seconded by Weber and it carried by a 4-1 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: Spiegel). XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO RAIMI + ASSOCIATES IN THE AMOUNT OF$799,703 TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN;AND APPROPRIATE $800,000 FROM UNOBLIGATED FUND 400 FOR SAID PURPOSE (CONTRACT NO. C33240). Management Analyst Ryan Stendell stated that in January 2014, the City Council authorized staff to release a Request for Proposal (RFP) to solicit bids for updating the City's general plan.There were four responses received that included two local firms and two southern California area firms. The seven member ad hoc committee included Mayor Pro Tem Weber, Councilmember Benson, and Planning Commissioner DeLuna. The Ad Hoc Committee interviewed three of the four proposers, and at the conclusion, it was clear that Raimi + Associates brought an energetic and strong fiscal approach to the update of the City's general plan using cutting edge ideas. The staff report, which was written by Lauri Aylaian, outlined five key points on why the Committee believed Raimi +Associates was the best firm for the job. He noted Matthew Burris of Raimi +Associates was available to answer questions. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Councilmember Harnik moved to by Minute Motion: 1)Award subject contract in the amount of$799,703 to Raimi +Associates, Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; 2)authorize the Mayorto execute said contract; 3)appropriate$800,000 from Unobligated Fund 400 for this purpose. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Mayor Pro Tem Weber added the Committee was very impressed with Raimi + Associates' presentation, stating it was very educational. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF LOCAL HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY AT 74-135 LARREA STREET (APN 625-132-022) - THE RANDALL HENDERSON HOUSE - IN ACCORDANCE WITH PALM DESERT MUNICIPAL CODE SECTION 29.40.010, Case No. CRPC 14-01 (Karen L. McCune, Applicant). Mr. Grance stated the item before the City Council is consideration for Landmark Designation for the residence located at 74-135 Larrea Street. The significance is that it was the home of Randall Henderson, founder of Desert Magazine and early pioneer in the city of Palm Desert. It is further significant for its contribution to the development of the south side of Highway 111. The building is eligible for designation as a City Landmark in accordance with the following criteria: B) Is associated with the lives of persons significant in the past; F)Reflects distinctive examples of community planning or significant development patterns, including those associated with different areas of settlement and growth, agricultural, or transportation. Mayor Tanner declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DON GRAYBILL, Member of the Cultural Resource Preservation Committee, stated the Committee is very excited to have this home up for approval, because with this approval, it would be the first home on the south side of Highway 111. The Council recently approved another home that is on the north side, therefore, it would be two significant homes being considered with one of them being added to the list today. He said the property owner purchased the home without realizing until years later that it was Randall Henderson's home. He encouraged the Council to invite the Applicant to say a few words. MS. KAY MCCUNE, Applicant, said it was her pleasure to be present on behalf of Randall Henderson and his little home on the south side of Palm Desert where she has lived for twenty years. She is thankful for the 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 Preservation Committee for recognizing her home as a landmark building, stating she was honored when Don Graybill and Kim Housken went to her home and helped her prepare a story on how to get this going. She urged the Council to vote yes on this wonderful little site. She noted that through the Historical Society they have had some fundraising dinners and tours, which will continue. She believed it will bring some interest to the City and the Historical Society. Additionally, she thanked Mr. Grance for his work in the preservation of any of the other sites in Palm Desert. With no further public testimony offered, Mayor Tanner declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014 - 32, reaffirming the action of the Cultural Resources Preservation Committee and bestowing Landmark Designation on 74-135 Larrea Street, Assessor's Parcel No. 625-132-022, in accordance with Section 29.40.010 of the Palm Desert Municipal Code. Motion was seconded by Weber and carried by a 5-0 vote(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Councilmember Harnik commented she had always driven down that street admiring the house, and she had no idea itwas Randall Henderson's home. XVI11. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetina Summaries for the Period of March 31 - April 11, 2014. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: a) "Envision Palm Desert" Statement on Staff Reports — Councilmember Harnik noted that after the great amount of time and effort expended by the over 100 community members and staff on the City's updated Strategic Plan, she would hate for it to become irrelevant in the day-to-day activities. To that end, one staff member suggested for future staff reports, where appropriate, an analysis of how a particular request to go before City Council would meet or further objectives of the "Envision Palm Desert" Plan become a standard component,just as the "Fiscal Impact" analysis appears on staff reports currently. She asked for her colleagues' concurrence with this request. Mayor Pro Tem Weber thought it was a good idea. In answer to Mayor Tanner's comment that he thought this is what was going to occur as the City embarks upon its Comprehensive General Plan Update,Councilmember Harnik said the"Envision"Plan should certainly be used as a guideline there. Mayor Pro Tem Weber said she particularly liked having a section on staff reports, because it would be very respectful to all the people who worked so hard on the Plan. 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: None 4. City Council Comments: a)Senior Inspiration Awards-Councilmember Harnik said she wished to say that the event held on Friday, March 14, was terrific, and she was very proud of Palm Desert's honoree, Louise Kermode,on behalf of all the volunteers who do so much for our City. 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 b) Senior Officials Workshop: "All Hazards Preparedness" — Mayor Pro Tem Weber said she, Mr.Aryan, and Senior Management Analyst Ryan Stendell participated in the event last week. She said it was an extremely educational,all-day function,and she encouraged her colleagues to participate if they had the opportunity. It wasn't at all what she expected; they covered all kids of actions that needed to be taken in the event of any kind of problem in the Coachella Valley. She noted that a second one was going to be held later this spring on June 18 at the Ben Clark Training Center and again encouraged participation. c) The Living Desert Cheetah Event — Mayor Pro Tem Weber said she and Mayor Tanner attended the event today. Mayor Tanner observed that the new director at The Living Desert Reserve was bringing forward a major influence of education, and he felt it would certainly continue to improve the venue. He was very excited to hear about the cheetah, the presentation was excellent, and he encouraged everyone to visit The Living Desert Reserve. 5. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and 5-0 vote of the City Council (AYES: Benson, Harnik, Spiegel,Weber, and Tanner; NOES: None), MayorTanneradjourned the meeting at 5:35 p.m. VAN G. TANNER, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 27