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HomeMy WebLinkAbout2010-02-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 25, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Finerty convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson arrived at 3:01 p.m. Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Cindy Finerty Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attomey Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community 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 Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Steve Brooker, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: 42-050 Golden Eagle Lane, Palm Desert (APN 624-431-001) Negotiating Parties: Agency: Justin McCarthy/Janet Moore/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Victoria and Jeffery Hunter Under Negotiation: x Price x Terms of Payment 4) Property: 74-705 King Fisher Circle, Palm Desert (APN 624-440-028) Negotiating Parties: Agency: Justin McCarthy/Janet Moore/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Adolfo Carpena and Cinthia Villalba Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Kelly, second by Spiegel, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting at 3:00 p.m. She 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 - Councilmember Jean M. Benson VI1. INVOCATION - Councilman Robert A. Spiegel Vlll. ORAL COMMUNICATIONS - B MS. VELMA OTTERMAN, 73-640 El Paseo, Palm Desert, said she'd had a business on El Paseo for 36 years, one of the original business owners there. She commented that the El Paseo business district is really struggling; although, she didn't have a specific answer to the problem, just reporting what she's seen. She was aware that about 20 businesses are lost every year, and every year merchants see an increase come back as new businesses come and go. She acknowledged statistics reflecting that only 7% of small businesses make it for 10 years. However, she said they were now seeing businesses who have been on the street for 40 years going out of business because of the economy. Recently, she read in the newspaper that $60 million was given to the Agua Caliente Indians for job creation, and it distressed her, because she and her colleagues on El Paseo are providing jobs and supporting a lot of people Palm Desert, but nothing's been given to them. In fact, one of the reasons she was here and appealing to the City Council was a comment that she'd heard attributed to Mayor Finerty, that if she couldn't find it at Macy's, she didn't need it. She said remarks like that were very difficult for El Paseo merchants, especially because there was an image to maintain, and they are also working people. Additionally, she'd heard another statement made, saying that Fashion Week on El Paseo was "fluff." As a result, she made several telephone calls to the City about that statement that appeared in the newspaper, acknowledging that not everything in the newspaper is totally accurate, but her research indicated that was. While it may be "fluff' to some, she said it was their livelihood, and she knew that El Paseo did provide a great deal of revenue that 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Palm Desert has enjoyed for many years. Therefore, she asked the City Council to look at El Paseo differently, noting that she'd never seen any Members shopping there, so they wouldn't know what the area represents. She pointed out that Councilmember Benson had shopped in her store some 25 years ago, and she offered to give each Councilmember a gift certificate to help demonstrate what it had to offer. She said remarks made like the one about Macy's convey to the public that El Paseo is not necessary, and it needs the Council's support. She predicted that there would be a great many businesses going off the street this summer. Today she had spoken with Economic Development Manager Ruth Ann Moore, who told her that there weren't any more gone than usual, which she disputed and was very concerned for the street. She appealed to the City Council for anything it could do to support the El Paseo area - comparing the purchase of new flatware and china for Desert Willow - and she suggested an idea: a utility subsidy over the summer when utilities go up and rents are already high. She said merchants were trying to work with their landlords, noting that she was appearing before the City Council independently today instead of bringing a crowd of people to support her statements, and reiterated that she wasn't sure what the City Council could do, but if there was something, she hoped it would be considered. She thanked the City Council for its good work, commended Mayor Finerty for her conservative approach, but said she was very, very offended by the aforementioned remark about Macy's and asked her for confirmation. Mayor Finerty responded that her comment had been made with regard to the mall, had nothing to do with El Paseo but was about the make-up of stores at Westfield. MS. OTTERMAN accepted the Mayor's explanation and acknowledged that the remark may have been misinterpreted, but added that she would certainly appreciate the Mayor being more supportive. Therefore, she was going to provide Councilmembers with a gift certificate to her store so they could shop El Paseo. She thanked the City Council for its time today and again asked for any assistance it could offer to El Paseo businesses, cautioning that there would be a dramatic change in the character of the street after June 1 this year. Mayor Finerty thanked Ms. Otterman for her offer of gift certificates but advised that City Councilmembers were unable to accept them. MR. JOE GAUGUSH, Broken Arrow Trail, Palm Desert, reminded City Councilmembers about an event that was very important to him: the 2010 Alzheimer's Memory Walk at 9:00 a.m. on Saturday, March 6, at Civic Center Park. He hoped it was already on their calendars and looked forward to seeing them there. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING MARCH 2010 AS "CENSUS MONTH" IN THE CITY OF PALM DESERT. Councilmember Benson stated that the Census Bureau Committees from all the cities have been meeting after CVAG's Human and Community Resources Committee Meeting, where CVAG Director of Community Resources Aurora Wilson complimented all the Coachella Valley cities for the work they've been doing on the Census. It was noted that the rest of Riverside County was really slow in responding with an effort; whereas, Coachella Valley cities could be really proud that their representatives were initiating programs to make sure everyone was counted. On behalf of the City Council, Mayor Finerty presented the proclamation to the City of Palm Desert's own liaision to the Census Bureau, Senior Management Analyst Ryan Stendell. B. PRESENTATION OF PROCLAMATION DECLARING MARCH 8-14, 2010, AS "MULTIPLE SCLEROSIS AWARENESS WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Finerty presented the proclamation to a representative of the Multiple Sclerosis Society. The representative was very appreciative of the recognition for their efforts and invited everyone to the upcoming Desert Cities MS Walk at Civic Center Park on April 17. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 11, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 159, 160, 161, 169, 170, 171, 175, and 176. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Guadalajara Cafe, 74-478 Highway 111, #C, Palm Desert. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Walgreens, 44-840 Monterey Avenue, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 16, 2009. 2. Marketing Committee Meeting of December 15, 2009. 3. Public Safety Commission Meeting of January 13, 2010. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Case No. PP 06-11 - Wachovia Bank (Wachovia Bank, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject Maintenance Security for Case No. PP 06-11 (Wachovia Bank). G. REQUEST FOR RATIFICATION of a Request to Expend CalCOPS Funds in the Amount of $3,934 for Basic Motorcycle Academy Training at the San Bemardino County Sheriff's Department's EVOC Center, January 11-22, 2010. Rec: By Minute Motion, ratify the expenditure of CalCOPS funds in the amount of $3,934 for a Basic Motorcycle Academy Training at the San Bernardino County Sheriffs Department's EVOC Center, San Bemardino, California, January 11-22, 2010. H. REQUEST FOR AUTHORIZATION to Expend CalCOPS Funds in the Amount of $718.93 for a Palm Desert Police Officer to Attend the California Injury Prevention Network Conference at the San Francisco Marriott, March 14-16, 2010. Rec: By Minute Motion, authorize the request to expend $718.93 in CalCOPS funds for a Palm Desert Police Officer to attend the California Injury Prevention Network Conference at the San Francisco Marriott, Burlingame, California, March 14-16, 2010. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 I. REQUEST FOR AUTHORIZATION to Purchase Surveillance Equipment in the Amount of $1,149 Utilizing CaJCOPS Funds to Support Front-line Law Enforcement Officers. Rec: By Minute Motion, authorize the request to expend $1,149 in CaICOPS funds for the purchase of surveillance equipment to support front-line law enforcement officers. J. REQUEST FOR APPROVAL of the Authorized Motorcycle Repair Center List for City -owned Motorcycles for Fiscal Year 2009-2010. Rec: By Minute Motion, authorize staff to utilize vendors on the Authorized Motorcycle Repair Center List for repairs to City -owned motorcycles. K. REQUEST FOR APPROVAL of the Selection of Ballard*King & Associates to Perform Professional Consulting Services in an Amount Not to Exceed $16,500 for an Aquatic Center User Fee and Rate Study (Contract No. C29620). Rec: By Minute Motion, approve the selection of Ballard*King & Associates, Highlands Ranch, Colorado, to perform professional consulting services for an Aquatic Center User Fee and Rate Study in an amount not to exceed $16,500 — funds are available in Account No. 233-4602-454-4001. L. REQUEST FOR APPROVAL of the Reimbursement of Art In Public Places Fee in the Amount of $9,000 for "Creative Bollards In The Minds of The Students" by Social Mosaics for the Palm Desert Oasis Seventh Day Adventist Church - 74-200 Country Club Drive, Palm Desert. Rec: By Minute Motion, approve the reimbursement of Art In Public Places Fees in the amount of $9,000 for "Creative Bollards In The Minds of The Students" by Social Mosaics as the art component for Palm Desert Oasis Seventh Day Adventist Church located at 74-200 Country Club Drive, Palm Desert — funds are available in Account No. 436-0000-312-2700 Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 XII. RESOLUTIONS A. RESOLUTION NO. 2010 - 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENDORSING THE COACHELLA VALLEY REGIONAL EARTHQUAKE WARNING SYSTEM (CREWS) AND REQUESTING RECOGNITION, SUPPORT, AND FINANCIAL ASSISTANCE FROM STATE AND FEDERAL LEGISLATORS FOR THIS REGIONAL MODEL. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-10. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1207 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 8 - HEALTH AND SAFETY, SECTION 8.40 - RECREATIONAL VEHICLES ON PRIVATE PROPERTY - OF THE PALM DESERT MUNICIPAL CODE. Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution No. 1207. Motion was seconded by Spiegel and carried by a 4-1 vote, with Finerty voting NO. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM IN THE AMOUNT OF $34,374.50 TO TREE RITE (CONTRACT NO. C29340, PROJECT NO. 932-10) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Spiegel moved to, by Minute Motion: 1) Award subject contract for the Citywide Tree Pruning Program to Tree Rite, Bermuda Dunes, California, in the total amount of $34,374.50 (City $27,294.50, Housing Authority $7,080.00); 2) authorize Director of Finance to set aside an additional 10°/0 contingency in the total amount of $3,437.45 (City $2,729.45, Housing Authority $708.00); 3) authorize the Mayor/Chairman to execute the agreement — funds are available for City and Assessment Districts in Parks and Recreation Accounts, Repair/Maintenance Medians Account, Assessment District Fund 200, and Housing Authority 2009-2010 Operating Budget. Motion was seconded by Kelly and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 B. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE PALM TREE PRUNING PROGRAM IN THE AMOUNT OF $69,583.20 TO LIBERTY LANDSCAPING, INC. (CONTRACT NO. C29350, PROJECT NO. 931-10) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Kelly moved to, by Minute Motion: 1) Award subject contract for the Citywide Palm Tree Pruning Program to Liberty Landscaping, Inc., Riverside, California, in the total amount of $69,583.20 (City $61,375.20, Housing Authority $8,208.00); 2) authorize Director of Finance to set aside an additional 10% contingency in the total amount of $6,958.32 (City $6,137.52, Housing Authority $820.80); 3) authorize the Mayor/Chairman to execute the agreement — funds are available for City and Assessment Districts in Parks and Recreation Accounts, Repair/Maintenance Medians Account, Assessment District Fund 200, and Housing Authority FY 2009-2010 Operating Budget. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST KNOWN AS 74-642 KING FISHER CIRCLE (APN 624-440-017), PALM DESERT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Spiegel moved to, by Minute Motion: 1) Authorize acquisition of 74-642 King Fisher Circle (APN 624-440-017) for the purpose of retaining affordability covenants in the amount pursuant to the Affordable Agreement as the lesser of: the fair market value of the property, or the sum of the calculated resale price, which is $244,048.00, plus reasonable closing costs and commissions; 2) Authorize staff to conduct an appraisal to determine the fair market value of the property for the purpose of finalizing the allowable resale price of the property; 3) Approve Agency Silent Second and City "BEGIN" Third Trust Deed in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale from Housing Set - aside Fund and BEGIN Program monies; 4) Authorize the Director of Finance to draw monies to facilitate the transaction from Account No. 870-4492-464-4001 and the BEGIN Program Fund, Account No. 214-4492-464-4001; 5) Authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR AUTHORIZATION FOR STAFF TO COMMENCE WITH INFRASTRUCTURE IMPROVEMENTS AT BUS STOPS IN THE CITY AND PROVIDE STAFF WITH DIRECTION IN RELATION TO THE INSTALLATION OF BUS SHELTERS. Mayor Pro Tem Ferguson asked if this item was in conjunction with where SunLine planned on installing bus shelters or where the City wanted to place them. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Councilman Spiegel responded the City currently had locations with"Bus Stop" signs, but have no bus shelter. At one of those locations, he saw an elderly woman sitting on a rock waiting for a bus. He said the improvements were needed in order to move forward. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Authorize staff to proceed with and complete work addressing infrastructure improvements needed at certain bus stop locations; 2) appropriate funds in an amount not to exceed $50,000 from Air Quality (AB2766) Subvention Funds, Account No. 238-4354-433-4001. Motion died for lack of a second. Councilman Kelly stated he understood SunLine controlled the whole thing, but the City had the potential to work something out and start doing something. He suggested reinstating the Bus Shelter Program Subcommittee. Councilman Spiegel stated the goal was to install benches, provide trash cans, and widen the sidewalk to make them handicap accessible. Ms. Riddle stated approval of the infrastructure improvements was only one portion of the request. Councilman Kelly stated he would like to have a program in place to provide shelters as well. Ms. Riddle stated the request was to authorize staff to commence with the infrastructure improvements and then look at the City's Bus Shelter Improvement Program to design and build shelters out of the AB 2766 Fund, which were funds already set aside that didn't impact the General Fund. If Council chose to proceed with the shelters, the City can decide to install shelters with or without advertising, but if the City chose not to include advertising, the City will have to increase its maintenance cost by $138 a month per shelter, which would come out of the General Fund. Councilman Spiegel suggested separating the two issues and only approve the infrastructure improvements this evening and follow up with the Bus Shelter Program Subcommittee on how to proceed with the installation of the shelters. Councilman Kelly moved to, by Minute Motion: 1) Authorize staff to proceed with and complete work addressing infrastructure improvements needed at certain bus stop locations; 2) appropriate funds in an amount not to exceed $50,000 from Air Quality (AB2766) Subvention Funds, Account No. 238-4354-433-4001; 3) Decision on installation of bus shelters referred to the Bus Shelter Program Subcommittee for a recommendation back to the entire City Council. Motion was seconded by Spiegel and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 E. REQUEST FOR DIRECTION REGARDING SPRING CONCERT AND MOVIE SERIES. Marketing Manager Kristy Kneiding stated that for the first time in many years the concert and movie series was moved to Friday nights in the Fall. After much comments from the general public and Councilman Spiegel, it was suggested that it be moved back to Spring ending with the 4' of July Celebration just like the prior year. Staff was seeking Council direction on whether it wanted to have the concert/movie series again in the Spring. Councilman Spiegel stated there were enough concerts available to the City like the Navy Band -San Diego, Marine Corps Band, and high school bands, which would not be as costly. He believed less than $34,000 could be spent. Councilman Spiegel moved to, approve the production of a Spring Concert and Movie Series at the Civic Center Park with funds currently available in Account No. 110-4416-414-3061. Motion was seconded by Kelly. Councilman Kelly stated he was in favor of the Spring Concert and Movie Series, because the Council received a lot of feedback from the community. However, he questioned why the cost included $1,700 in overtime when instead employees could be scheduled to work the event as part of their regular shift. Ms. Kneiding responded it was one of the reasons why the event was held on a Friday and not a Saturday, so that employees can set up during their work day. However, park employees are required to show up after 5:00 p.m. for the cleanup. Councilman Kelly asked if employees can be scheduled to work the event when needed instead of paying overtime. Mr. Greenwood answered yes. Ms. Kneiding noted that entertainment cost was only $10,000 for all five concerts last year, but there are additional costs for the movie set up. Councilman Spiegel stated a committee needed to decide what it will do and use for the Spring Concert and Movie Series. Councilman Kelly agreed. Mayor Finerty stated that since Councilman Spiegel talked about bands making up the bulk of the Series with only $21,000 remaining in the budget, asked if the motion can include expenses not to exceed $21,000. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Ms. Kneiding responded it can be done. She asked if Council preferred a seven or eight week series, noting the series will conclude with the 4u' of July Celebration, which was already approved. However, in order to stay under the $21,000, it will either be a five, six, or seven concerts/movie series. Councilman Spiegel agreed to amend his motion to approve the Spring Concert and Movie Series as proposed, with a total of 5-7 events in an amount not to exceed $21,000, without overtime and staff instead being scheduled to work the events as part of their regular shift. Motion was seconded by Kelly and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CIVIC CENTER PARKWAY TURF RETROFIT PROJECT - PHASE I - IN THE AMOUNT OF $34,937.13 TO LEON'S LANDSCAPING & TREE SERVICE (CONTRACT NO. C29240, PROJECT NO. 962-10). Councilmember Benson moved to, by Minute Motion: 1) Award subject contract for the Civic Center Parkway Turf Retrofit Project - Phase I - in the amount of $34,937.13 to Leon's Landscaping & Tree Service, Thousand Palms, California; 2) approve a 10% contingency for the project in the amount of $3,493.71; 3) authorize the Mayor to execute the agreement — funds are available in Account No. 400-4614-433-4001 - Capital Project Reserve Fund. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES FOR THE COLMAC TRAFFIC SIGNAL SYNCHRONIZATION PROJECT IN THE AMOUNT OF $65,550 TO ADVANTEC CONSULTING ENGINEERS, INC. (CONTRACT NO. C29330). Councilman Spiegel asked if this contract was needed. Mr. Greenwood answered yes. He said Fred Waring had developed a high peak traffic flow in the morning when everyone was trying to go to work or school; therefore, staff believed it can make big improvements there. He said Country Club Drive will only require modest improvements. Councilman Kelly stated the diagram in the staff report was not showing five signals on Country Club Drive and three on Portola Avenue. Transportation Engineer Mark Diercks responded he set up the signals on Country Club Drive at the two ends, because the five intersections are close together. In the middle, the signals are really far apart, so the progression wouldn't be much of an improvement for those signals at this time. Further 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 responding, he confirmed it was not worth doing those signals in between at this time. In addition, there are communication issues with a couple of those signals as well, which was another reason not to include them. Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract for design services for the COLMAC Traffic Signal Synchronization Project in the amount of $65,550 to Advantec Consulting Engineers, Inc., Ontario, Califomia; 2) authorize the Mayor to execute the agreement — funds are available in Account No. 234-4594-422-4001 - Traffic Signal Coordination Account, with no General Fund money being used for this project. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO SUBMIT THE FIRST DRAFT OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD). Senior Management Analyst Ryan Stendell stated the staff report included a few updates and changes to law that occurred last year with regard to the Housing Element. At the last discussion, Council appointed a subcommittee that could not reach an agreement with regard to creating a document that satisfied State law and also took into consideration the flavor for residential development within the City of Palm Desert. At that time, the Housing Element was continued to a date uncertain, and now at this point, staff was seeking direction and guidance from the City Council as to how to proceed. If the Council wished to re-engage in this discussion, staff would like to return at the next meeting with a detailed presentation by both Redevelopment Agency Counsel, consultant, and City staff. The existing subcommittee can also be re-engaged or a new subcommittee can be created to see if there was a way to reach an agreement on the Housing Element. Staff believed it was important to have an approved Housing Element as part of the adopted General Plan. Therefore, staff recommended submittal of a draft Housing Element for review and approval to the Housing and Community Development (HCD), but it was also seeking direction from the Council on how to reach that point. He offered to answer questions. Mayor Pro Tem Ferguson asked if in -fill affordability housing counted toward the City's requirement. Ms. Aylaian answered yes, stating the difference between the first draft of the Housing Element to the current one, was that staff canvassed the City in detail looking at available spaces where it can build additional in -fill lots or acquire existing blight ones to renovate and use toward the City's affordable requirements. Mayor Pro Tem Ferguson asked if the medium density zoning in the north sphere counted toward the affordability requirements. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Ms. Aylaian answered yes. Further responding, she confirmed private development was not City dollars. Mayor Pro Tem Ferguson understood the 20% set aside funds from the Redevelopment Agency needed to be spent within five years or the funds would go back to the County for them to build the affordable units. Ms. Moore responded there was actually a calculation done annually, and if the allocated funds were not spent over a period of time, which was between three and four years, the City had to establish a plan on how it intended to spend the set aside funds for the purpose of building affordable housing and/or renovating. She said funds didn't go back to the County, the City just had to develop a plan that showed the HCD how it intended to use the funds in order to accommodate the requirements. Mayor Pro Tem Ferguson asked if the Ortega Villas project counted toward the moderate and low-income housing requirement. Ms. Moore answered yes. Mayor Pro Tem Ferguson stated the City had an entire menu of ways to satisfy the Housing Element goal, yet the Council was reluctant to submit any kind of plan, which was why staff was seeking direction. Mr. Stendell concurred. He said in order to achieve the City's requirement, the City would have to build on every vacant piece of land at a higher density than what was typical to Palm Desert or that the Council was comfortable with, which was the subcommittee's major obstacle. Councilman Spiegel pointed out that any development would still require Council approval. Mr. Stendell agreed. Mayor Pro Tem Ferguson stated the comment frequently made was that in a down market where there might not be developers willing to build affordable units, at least three of the four categories mentioned previously are private dollars. He questioned how would the City obtain those figures without the private sector's participation. Mr. Stendell responded the City's Housing Element Plan just needed to show that it was possible to construct the required units. The City is then evaluated at the end of each planning period and moves forward with a new planning period with a new set of allocated numbers. Being this was his first handling of a Regional Housing Needs Allocation (RHNA) cycle, he will rely on both the Housing Department and his superior for more information, but it was his 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 understanding that the proposed draft Housing Element only needed to show where the City can meet its requirement, but not obligated to do so. Mayor Pro Tem Ferguson asked what it was that staff was seeking. Mr. Stendell stated it was seeking guidance and direction. He said the Council can choose to continue discussions with the Housing Department, Legal Counsel, consultant, and City staff to prepare a detailed report and update the draft Housing Element and present to Council at the next meeting for its review. He said a number of subcommittees can be created to look at where the City left off and make a path toward approval or submission of a draft Housing Element to the HCD. Further responding, he confirmed Palm Desert was the only city in the Valley that had not submitted its Housing Element. Councilman Spiegel stated that based on information received from the Director of Housing Janet Moore, the City of Palm Desert had more affordable housing units than any other city. He said Palm Desert had 1,923 affordable housing units; Palm Springs, 1,800; Cathedral City, 1,550; Coachella, 1,548; Desert Hot Springs, 217; Indian Wells, 218; Indio, 1,578; La Quinta, 1,130; and Rancho Mirage, 516. He said Palm Desert had the most affordable units in the entire Valley. His recommendation would be to submit the first draft of the Housing Element Plan, which will still require Council approval on any future development. Councilman Spiegel, moved to, by Minute Motion, authorize staff to submit first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development (HCD). Motion was seconded by Benson. Councilman Kelly stated he was in favor, but was disturbed that the legislators in Sacrament set figures in a blazing economy and now four years later, it was impossible to reach the same numbers in a down economy. He believed Sacramento should readjust the numbers, but they are doing nothing and expecting the City to submit a plan that will never happen, because developers are not willing to build in this down economy. He said Palm Desert can submit its Housing Element Update just like all the other cities, but it disturbed him that the Plan included a Zoning Overlay and Density Bonus that developers will feel is owed to them, which concerned him, but he didn't know what else the City could do. Mayor Pro Tem Ferguson stated the City was only required to make a good -faith effort and work with the economy, but it couldn't guarantee all the units would be built. The City currently had three projects approved for high density, but they are stalled, and more apartments have been acquired, which will have affordability commitments, plus it had existing projects that required the City to maintain affordability covenants. He agreed with Councilman Spiegel that Palm Desert did as much or more than the other 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Valley cities. He didn't like it being reported that Palm Desert was somehow slacking on affordable housing, because it choked at the high number requirement. He didn't know what the thinking of the subcommittee was, but it sounded like they thought all the units had to go into virgin soil, which he didn't believe was the case. Councilman Kelly stated that not only did Palm Desert have more affordable units that other cities in the Valley, but they are higher quality as well. Mayor Finerty commented that Palm Desert was accomplishing it all without an approved Housing Element. She asked staff if it was true that once the Housing Element is approved by the HCD, that the Zoning Ordinance would have to be updated to reset the density. Ms. Aylaian responded the City was already required to update the Zoning Ordinance to reflect the General Plan update as of 2004. She said approval of the Housing Element would not change that requirement, because the City was already behind. Mayor Finerty asked if the City needed to have a Zoning Ordinance that would allow that many units in the north sphere. Ms. Aylaian stated the City had a discrepancy between the General Plan, which allowed for greater density than the Zoning Ordinance; however, new legislation states the General Plan prevails. Therefore, if a new project was proposed, that project is to rely on the higher density in the General Plan than the lower density in the Zoning Ordinance. Anytime the General Plan is updated, within a reasonable period of time, which is not defined, a City is required to update the Zoning Ordinance to comply with the General Plan, which hasn't been done. Mayor Finerty stated the subcommittee discussed updating the General Plan based on the number of units that were approved in the Housing Element. Ms. Aylaian agreed it was discussed, but a consensus was not reached. Mayor Pro Tem Ferguson stated he recalled when the General Plan was completed, this same argument about density was discussed, which split the Council. The matter was resolved by creating a number of medium density zones with the opportunity for high -density bonuses if eight criteria's were met that involved transportation, educational facilities, shopping centers, energy efficiency, open spaces, parks, and affordability. He recalled there was a range between 4,800 and 8,000 units depending on whether people qualified for the high -density bonus. He asked if that was a reflection of a General Plan Update that had some flexibility built in or if the City had to go with the high -density bonuses. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Ms. Aylaian explained that between 2004 when the General Plan was updated to now, a number of projects had been approved, but those projects were at a lower density. She said the City could have had a broader range of density in the area, but the City used up half of the available land to entitlement projects that are lower density, which meant the City will have to rely on density at the higher end of the spectrum for the remaining un-entitled land. The update Housing Element shows density in the neighborhood of 16 or 17 units per acres, because the City had stayed away from high density, which was 23 units per acre. Councilmember Benson stated it would be interesting to compare what other city requirements were to what they currently had and what they had to do. However, the battle to submit a Housing Element to the State had been fought for so long. She said Palm Desert had done a terrific job of controlling the type of development it had and what it looked like, that she had great faith the City will continue to do the same in the future. She believed the number will eventually dwindle down, because the City had many old apartments that the City will keep buying to reduce the number required. The Council knew all along there was no way all the units will be placed in the north sphere, but if that's the only empty land, the numbers had to be shown some place. She said the State was looking to see if the City filed the Housing Element Plan and not if the units were built. She was in favor of submitting the Housing Element Plan to the HCD and working out the details later. Mayor Finerty called for the vote, and the motion carried on a 4-1 vote, with Finerty voting NO. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FINAL RELOCATION PLAN AND RELATED CEQA EXEMPTION FOR SAGECREST APARTMENTS LOCATED AT 73-775 SANTA ROSA WAY, PALM DESERT (A.K.A. 44-200 SAN PASQUAL AVENUE) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst Jessica Gonzales stated whenever a Redevelopment Agency contemplated a project that displaced residents that were in the low to moderate income, the Agency must create a relocation plan to assist displaced residents as required by Redevelopment law. The Sagecrest Relocation Plan was prepared in accordance with the specific requirements and complied with State law. The Plan was made available to the public and to each of the occupants of the subject property for the mandatory, 30-day review period, and no comments were received. She offered to answer questions. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 Mayor/Chairman Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilman/Member Spiegel moved to, by Minute Motion: 1)Approve the Final Relocation Plan for Sagecrest Apartments in the City of Palm Desert — funds are available in Account No. 870-4688-464-4001 for the purpose of relocation costs; 2) Approve and authorize filing of the Notice of CEQA Exemption for the Sagecrest Apartments. Motion was seconded by Kelly and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Consideration of Travel Reauests and Reports: None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 2010 o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT On a motion by Spiegel, second by Benson, and unanimous vote of the City Council, Mayor Finerty adjourned the meeting at 4:44 p.m. ATTEST: CHELLE D.`KLASSfN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19 CINDY FI E"TY, MAY'IR