HomeMy WebLinkAbout2018-10-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 11, 2018
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Jonathan convened the meeting at 3:04 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Mayor Pro Tem Susan Marie Weber
Mayor Sabby Jonathan
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Tom Garcia, Director of Public Works
Anthony Hernandez, Senior Financial Analyst
Andy Martinez, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
Ms. Aylaian stated she received complaints from people who try to watch the
meetings on-line about the ability to hear Councilmember's comments, and staff has
a couple of suggestions to offer.
Information Systems Manager Clay von Helf reminded Council that these
microphones work best if they are a hand -breath away and speaking directly into
them. The recordings are used for the City's video, archive, live video, and for City
Clerk minutes. The challenge with this room is that the audio is very good, so one
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
can drop the mic and still have a conversation and be heard within the room, but
none of that would be picked up on the video.
Mayor Jonathan stated that perhaps options can be explored, because the current
system is restrictive and doesn't provide much freedom.
Mr. von Helf replied staff can look into the TED Talk style microphones, but that can
be restrictive as well, and lapel microphones tend to pick up the noise from
Councilmember's garments when moving around.
Councilmember Kelly agreed, adding one tends to forget you have it on and start
walking away. Therefore, Council should try to make it work with the current system.
Mayor Jonathan said he wouldn't mind if some technological breakthrough came
about and made it a little easier than being stuck to within an inch of these
microphones.
Mr. Von Helf noted one of the projects for next year is refresh the AV equipment
in the Council Chamber. When the City Council talks to the consultant, it can
discuss the options available.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. 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 Jonathan adjourned the meeting to Closed
Session of the City Council at 3:04 p.m. He reconvened the meeting at 4:09 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves stated no reportable action was taken, but direction was
given.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Sabby Jonathan
VII. INVOCATION - Councilmember Jan C. Harnik
2
w
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION TO RECOGNIZE DOUGLAS BREWER FOR HIS
SERVICE TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL
REVIEW COMMISSION, 2017 - 2018.
Mr. Brewer was unable to be present for today's recognition, which will be
rescheduled for a future meeting.
B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2018 AS
"NATIONAL PRINCIPALS MONTH" IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Jonathan presented the proclamation
to the school principals in attendance.
Palm Desert High School Dennis Zink delivered T-shirts to the City Council
for the big game tomorrow, stating he hoped to see them there. The T-shirts
say, "PD All In," which meant Palm Desert is all in for excellence in
academics, activities, and athletics. He thanked the City Council for the
recognition and their support.
C. PRESENTATION OF THE GOLD PRESIDENT'S VOLUNTEER SERVICE
AWARD TO THE PALM DESERT CITY COUNCIL BY CITIZENS ON
PATROL CAPTAIN JEFF ALLEY.
Capt. Jeff Alley with the Palm Desert Citizens on Patrol presented the City
Council with the Gold President's Volunteer Service Award, the premiere
volunteer award program in the United States, which encourages citizens to
live a life of service. He noted the City of Palm Desert has a total
membership of 31, and last year they contributed more than 12,000 hours
of volunteer time, which saved the City over $600,000 in police costs.
Without the support of the City who provides extensive training, materials,
and equipment, their job would not be possible. He added the City of Palm
Desert Citizens on Patrol Program is the program to emulate in the Valley.
Mayor Jonathan thanked Mayor Pro Tem Weber who has been a strong
supporter for many years and represents the City Council at the COP
meetings. He said Council appreciates all the kind words, but the volunteers
of the Program give their time and soul to the City, making a difference
financially, but most important, the program defines the community. Further,
when the City holds events such as Y Be Fit on a Sunday, and so many
others, it's the COP who are helping to protect the safety of the participants.
The Program is part of the community and part of what makes' Palm Desert
so special.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
D. PRESENTATION TO THE CITY COUNCIL BY DR. JENNA LECOMTE-
HINELY OF HEALTH ASSESSMENT & RESEARCH FOR COMMUNITIES
(HARC), REPORTING ON THE PATH OF LIFE/CV HOUSING FIRST 1ST
YEAR RESULTS.
DR. JENNA LECOMTE-HINELY, CEO of HARC (Health Assessment &
Research for Communities), thanked the City Council for the opportunity to
make a presentation on behalf of HARC to inform Council about the great
things accomplished over the first year of CV Housing First. She said HARC
used the data that was gathered by the Homeless Management Information
System (HMIS), which is a mandated reporting tool of the United States
Department of Housing and Urban Development (HUD). When people come
into the Path of Life Management Program (POLM), they complete an Intake
and an Exit Survey when leaving the program in conjunction with their
coordinators. HARC uses that data to assess the impact the program has
had. A custom survey was developed with POLM to measure things that
were not captured in the HMIS system, and they have three months worth
of data on that survey; it's primarily for the Homelessness Prevention
Program. In summary, in the first year, CV Housing First served 401 clients.
The following is a breakdown: 142 are in homelessness prevention; 90 in
street outreach; 84 in emergency shelter; 56 in rapid rehousing, and 29 in
permanent supportive housing. More than a quarter (27%)of the participants
are children, more than half (53%) are Hispanic/Latino, and 8% were living
in poverty when they came to Path of Life. Homelessness is a long-term
problem for the majority and 70% have been homeless for more than one
year during the last three years. Therefore, this is not something that is
transitory. It's important to note that not every participant has exited. Certain
programs like Permanent Supportive Housing are meant to be ongoing,
stating these are the people that will never be able to live on their own.
Rapid Rehousing typically takes two years to complete, so those individuals
are not captured in the exit surveys. Of those who are captured in the exit
survey, you can see great outcomes. The exit survey indicates 81 % exited
to a permanent destination; either a rental without an ongoing subsidy and
is self-sustaining. Others exited because they completed the program by
going through the Path of Life Program and were able to become
sustainable. What's encouraging is that when these individuals came to
POLM, they were making an average of less than $629 a month, and by the
exit of the program, they are making nearly $1,500. It's still not a lot of
money, but their income more than doubled, so this is a definite
improvement. She went on to say HARC was also able to get data from
Roy's Resource Center, and although their data would not be comparing
apples to apples, it does provide interesting information. One of the more
important details was that the people being served by CV Housing First, 70%
of the clients were homeless for longer than a year where versus the Roy's
Resource clients, it was only 28%. One reason for it is that CV Housing First
prioritizes those who are most vulnerable and puts them into housing first.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
She went on to provide more comparisons, but in conclusion, POLM served
more than 400 clients. Many have not exited so they are not captured in this
report, which is why HARC is recommending the evaluation be continued for
the duration of the program. Of those who have exited, most have exited to
a successful placement, which is to a permanent home.
Councilmember Kelly having heard this presentation once before, she knew
part of the discussion that has occurred is the fact that since permanent
supported housing results in people never exiting, or that the typical client
never exits, it has an impact on the data. She asked if the intention is to
treat that data separately in the future so a more clear picture of success can
be assessed.
DR. LECOMTE-HINEL answered yes, stating people who are eligible for
permanent supported housing are your stereotype individuals who are
standing on the corner shouting out to aliens or whatever, these are the
people that are not going to be self-sufficient. The Path of Life placed 29
clients in permanent supported housing this year. One of them left, because
you cannot force people to stay in care, but the remaining 28 are housed,
which is not captured in the exit data in HMIS. She pointed out that 46 of
those 401 clients are from Palm Desert.
Mayor Jonathan commented that Palm Desert has always invested, at least
its full share, in addressing homelessness. With the Homelessness
Committee from CVAG, if it was going to engage with services/contract with
POLM, it needed to know objectively from a third -party evaluator if the
program is successful. Therefore, he thanked Dr. LeComte-Hinel and HARC
for confirming Palm Desert was going down the right path. The evaluation
and analysis conducted by HARC have given the City the confidence and
understanding that its doing something very effective. Certainly, first year
results would indicate that success.
DR. LECOMTE-HINEL thanked the City Council for the opportunity, adding
that HARC was a nonprofit research organization, so yes they care about the
numbers, but most of all using the research to improve quality of life in the
community. They are thrilled that the City is taking the information and
running with it and doing great things.
Councilmember Nestande asked if there was a common thread on how a
person gets to be homeless.
DR. LECOMTE-HINEL said they asked that question under the custom
survey, because it wasn't captured in HMIS. They received very limited data
because most of them were in the Homelessness Prevention Program and
therefore, were not actually homeless at that time. The most common thread
was unemployment and lack of income for housing. There were a few other
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
clients claiming domestic violence or running away, but they didn't have a
great sample. She is encouraged that if they continue to collect data with
this tool, they will look at that issue more closely. Antidotally, what POLM
has shared is that for someone who is living paycheck to paycheck, all it
takes is one calamity to become homeless.
IX. ORAL COMMUNICATIONS - B
MR. DAVID KEYS, Manager of the Palm Desert Aquatic Center, provided a
short video of the fun things happening at the Aquatic Center that includes
staff training, diving off the diving boards, the recreation swim team
conducting group lessons, and water -slide use. For the first time this year
they had the Dive -In Movies series with more than 800 people attending
overall. He said they have private swim lessons, group swim lessons, and
adult swim lessons. He noted the YMCA received grant money to offer free
adult swim lessons where they still have room available and funds for it. In
conclusion, he believed the Aquatic Center is offering great services to the
community of Palm Desert.
Mayor Jonathan pointed out that at the Palm Desert Parks & Recreation
Commission they also hear about all the things done to utilize the facilities
that are not swimming pool based, because it is a very nice facility.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. Riverside County Transportation Commission (RCTC) - a) reported
there were a number of items discussed, one of them was a heated
debate on Proposition 6, the Gas Tax Initiative, and whether or not it
will be repealed. Whatever happens, RCTC is poised and prepared
to respond if it goes forward or repealed. She encouraged everyone
to vote to have their voices heard on this issue; b) Truck Climbing
Lanes - announced that RCTC will build truck climbing lanes on State
Route 60 (SR-60), stating they are currently going out to bid and
anticipate construction next year; c) Coachella Valley - San Greaonio
Pass Rail Corridor Service Proiect - RCTC has been working on this
project for decades. In 2004 it was part of the State Transportation
Rail Plan, but in 2018, it disappeared from the plan. In the meantime,
RCTC is fighting to get it back in the Plan. It's important, because
there are 130,000 trips going through the pass, therefore, a twice
daily round-trip rail service would be an asset to the region.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
2. Coachella Valley Economic Partnership (CVEP) - a) Announced the
upcoming annual Economic Summit is coming up on November 8,
2018. She said they will have great speakers, in fact, they just added
a gentleman who taught coding to coal minors who lost their jobs, and
these people are now working making three times the amount of
money. They work out of their homes, and it's a great solution for
employment; b) noted that Palm Desert made the decision to invest
in a digital iHub and received the go ahead from Cal State University
San Bernardino (CSUSB) - Palm Desert Campus. Therefore, CSUSB
will be collaborating with CVEP and the City of Palm Desert, taking
administrative offices and bringing over their Cyber Security Program
to Palm Desert. She said there are 380,000 unfilled jobs for cyber
security, so this was an exciting opportunity to make a difference for
the entire region with this project.
Mayor Jonathan added the City just signed a five-year contract with
CVEP for the Valley's second iHub to be located near the CSUSB -
Palm Desert Campus. The fact that CSUSB will be co -locating their
Cyber Security Program at that facility is very meaningful because it
will offset costs, create a synergy, and Palm Desert gets the
high -optic fiber cable that is needed for broad band without being
charged for it. It wasn't easy to accomplish, because their
bureaucracy is massive, but Director of Economic Development
Martin Alvarez was persistent and never gave up on this endeavor.
He read the following quote from Joe Wallace, the CEO of CVEP:
"The potential for transforming the economy in a direction that
prepares students and adults alike for high -paying jobs is massive,
which is why Palm Desert is pursuing this second iHub Center,
including the Cyber Security Program."
3. Southern California Association of Governments (SCAG) - reported
they are holding an Economic Summit as well on December 6, 2018,
stating one always walk away with a lot of knowledge from these
summits.
B. Councilmember Kathleen Kelly Committee Reports and General Comments.
1. Dutch Reach - encouraged everyone to become a catalyst for the
Dutch Reach being the norm in the City of Palm Desert. The Dutch
have figured out that if each and everyone upon exiting a parked car,
do not automatically reach to open the door with a closed hand, but
instead reach with the far hand, it will cause a person to swivel and
turn their head to see if a bicyclist is approaching. Doors opening by
parked cars are probably the greatest source of injury to bicyclists,
sometimes, including death. This is a simple thing that one can do
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
that has a huge impact on safety. She is counting on everyone to
make it a point to share this with their circle of friends.
C. Councilmember Gina Nestande Committee Reports and General Comments.
None
D. Mavor Pro Tem Susan Marie Weber Meeting Summaries Report for the
Period of September 17-30, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
1. Food In Need Distribution (FIND) - pointed out the City of Palm Desert
has a lot of organizations that distribute food, and Bob and Peggy Leo
suggested she visit the one located at St. Margaret's Episcopal
Church, which she did. They prepare food for 350 households, which
could equate to 1,200 to 1,500 individuals, and they do that once a
week. The program could not be done without the volunteers that
show up and participate. She said Chet Hecht is the person who runs
it and Stan Hursh coordinates the case management. She added that
people come from all around the Valley, but a significant amount is
from Palm Desert. She said people check in and sometimes they just
get clothes or advice, and around noon the Program starts distributing
food. The food comes from the government, the USDA and FIND, and
they receive bread contributions from Panera's and Costco. Here
again are a number of volunteers who are making life a little bit easier
for others, and it was nice to see it in action.
E. Mavor Sabbv Jonathan Committee Reports and General Comments.
1. Concert in the Parks Series - gave a shout out to Management
Analyst Amy Lawrence for her work with the Concerts in the Park
Series. He was privileged to attend the first concert of the weekly
series the City holds during the month of October. The second
concert is this evening starting at 6:00 p.m. at the Civic Center Park.
Last week it was a tribute to Santana, and the singer not only
sounded like Santana, but certainly looked like him. The concert was
well attended and everyone was having a great time. It's a free event
to anyone who wants to make a trip to the Civic Center Park.
2. Family YMCA of the Desert - gave another shout out to the YMCA for
presenting the 5' Annual Y Be Fit Event. This was another event that
attracted well over 1,000 people, some of which, like the City Manager
and legal counsel, who compete seriously in the triathlons. Others,
children and adults alike ran the Color Run. The event also had about
8
tardy
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
40 marines from the 29 Palms - 7th Marine Regiment. They had a day
off from the base and they were honored by the crowd. The marines
also put on a boot camp for the kids, which was very popular. This is
a community event, and it's wonderful that it's supported by the City.
Mayor Pro Tem Weber pointed out that Mayor Jonathan received an
award for the 5K Run.
3. Police Officer and Public Safety (POPS) Luncheon - at this luncheon,
Deputy Emil Stan was recognized for his amazing and profound
service to the community. He is the shining star in Palm Desert,
stating he is an Officer who embodies the kind of police the City wants
in the Community. He thanked Deputy Stan for his service.
F City Council Reauests for Action.
None
G. City Council Consideration of Travel Requests/Reports.
None
.•.-, XI. STAFF REPORTS AND REMARKS
11111...1
A. City Manager
1. City Manager's Meetina Summaries Report for the Period of
September 17 - 28, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
2. Waiver of Biddina Requirement - advised the City Council that she will
be exercising the authority afforded to her under Palm Desert
Municipal Code Section 3.30.160, forgoing the bid requirements when
performing emergency work. At One Quail Place, a Housing Authority
owned property, there was a waterline breakage that poses a clear
and imminent danger to the health and safety of the residents. She
will proceed to get the work done without going through the formal
bidding procedures, and the cost is somewhere in the order of
$75,000.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
3. Personnel Update: Introduced the five Office Specialists that were
hired on October 1, 2018: Sandra Ruiz (City Clerk's Office); Cindy
Garcia (Finance/Housing); Latisha Marks (City Clerk's Office - Front
Desk); Heather Cerhnicki (Tourism & Marketing/Economic
Development); and Anthonette Castro (Public Works Department).
4. Event Announcements: a) Paint El Paseo Pink Event, Saturday,
October 13, 2018. She encouraged everyone to come out and
support a great cause for breast cancer; b) Patriots Ride for Heroes -
Saturday, October 20, 2018. There will be a vendor gathering with all
kinds of information being provided from different organizations.
There will be a ceremony honoring police and fire, and the military.
B. City Attorney
None
C. City Clerk
1. Reminder of City Council Study Session scheduled for Friday,
October 12, 2018, at 1:30 p.m. in the Council Chamber for Interviews
of Entities Submitting Proposals for the 1.62-acre Parcel at the
Southeast Corner of San Pablo Avenue/Fred Waring Drive.
Ms. Klassen reminded City Council Members of the Study Session,
and Councilmembers so noted.
Mayor Jonathan pointed out the Study Session was open to the
public.
D. Public Safety
1. Fire Department
None
2. Police Department
None
XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 27, 2018.
Rec: Approve as presented.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
•..-. Dated 9/21/2018 and 9/28/2018.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 9/21/2018 (Joint Consideration with the Palm Desert
Housing Authority).
Rec: Approve as presented.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Red Barn,
73290 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Cultural Resources Preservation Committee Meeting of January 30,
2018.
2. Parks & Recreation Commission Meeting of June 5, 2018.
Rec: Receive and file.
F. REQUEST FOR APPROVAL of Change Order to Contract No. C36940 -
TPX Communications for Internet and Telephone Service - Equipment
Purchase.
Rec: By Minute Motion, approve a Change Order with TPX
Communications in the additional amount of $1,474.50/month plus
usage charges, $7,700 for equipment purchase, and authorize City
Manager to negotiate, finalize, and execute the resulting Service
Agreement for same — funds are available in Account Nos.
1104190-4365000 and 1104190-4404000.
G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C36690 — 2018
Slurry Seal Project (Project No. 751-18) (Roy Allan Slurry Seal,
Santa Fe Springs, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
H. REQUEST FOR APPROVAL of the Temporary Placement of a Mural Entitled
Off the Wonderland Trail by Jacqueline Scibona on the South Walls of the
Amphitheater in Civic Center Park.
Removed for separate consideration under Section XI I I, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
I. REQUEST FOR APPROVAL of the Temporary Waiver of Palm Desert
Municipal Code ("PDMC") Section 9.58.010 - Consumption of Alcoholic
Beverages on Public Property - for the Sale and Consumption of Alcohol at
the Palm Springs Art Museum ("Museum") in Palm Desert, 72567
Highway 111, for Fiscal Year 2018-2019 (Palm Springs Art Museum in
Palm Desert, Applicant).
Rec: By Minute Motion, approve/authorize: 1) Temporary waiver of Palm
Desert Municipal Code Sections 9.58.010 and 9.58.020 -
Possession/Consumption of Alcohol on City Property - in conjunction
with events related to First Weekend and annually occurring special
events at the Museum; 2) City Manager to approve up to five (5)
additional temporary event waivers to PDMC Sections 9.58.010 and
9.58.020, as needed, throughout FY 2018-2019; 3) City Manager to
execute any California Department of Alcoholic Beverage Control
documents, as required.
J. REQUEST FOR APPROVAL of the Temporary Waiver of Palm Desert
Municipal Code ("PDMC") Section 9.58.010 - Consumption of Alcoholic
Beverages On Public Property - for the Sale and Consumption of Alcohol at
the Palm Desert Area Chamber of Commerce ("Chamber"), 72559
Highway 111, on November 1, 2018 (Palm Desert Area Chamber of
Commerce, Applicant).
Rec: By Minute Motion, approve/authorize: 1) Temporary waiver of PDMC
Sections 9.58.010 and 9.58.020 - Possession/Consumption of Alcohol
on City Property - for special events at the Chamber; 2) City Manager
to approve a temporary waiver on a case -by -case basis to PDMC
Sections 9.58.010 and 9.58.020 for additional special events at the
Chamber through the end of FY 2018-2019; 3) City Manager to
execute any California Department of Alcoholic Beverage Control
documents, as required.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
K. REQUEST FOR APPROVAL of the 2018 Miracle On El Paseo Event
law (Chartwell Properties/Shops On El Paseo, Applicant).
Rec: By Minute Motion, approve: 1) Miracle On El Paseo event scheduled
for Saturday, November 17, 2018; 2) two-phase road closure plan on
El Paseo from Highway 74 to Sage Lane; 3) consumption of alcoholic
beverages on City -owned property pursuant to Palm Desert Municipal
Code Section 9.58.040.
Item H was removed for separate consideration.
Upon motion by Harnik, second by Kelly, and 5-0 vote of the City Council (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of the
Consent Calendar was approved as presented.
XIII. CONSENT ITEMS HELD OVER
H. REQUEST FOR APPROVAL of the Temporary Placement of a Mural Entitled
Off the Wonderland Trail by Jacqueline Scibona on the South Walls of the
Amphitheater in Civic Center Park.
Management Analyst Deborah S. Glickman introduced Miss Jacqueline
Scibona, a Youth Committee member who approached staff a few months
ago proposing to paint a temporary mural in Civic Center Park. The mural
has been reviewed by the Art In Public Places Commission and Parks &
Recreation Commission. She displayed a picture of the proposed mural.
Miss Scibona stated she intends to paint the proposed mural at the Civic
Center Park, because the scenery of a forest would contradict the
surrounding desert landscape and emphasizing its beauty. She also wanted
to leave her mark before she leaves the area. Responding to question, she
said the mural will be painted on a board and then affixed to the structure.
Councilmember Kelly thanked Miss Scibona for bringing forward this
proposal, because she believed it will inspire other young artist to be proud
of their work, so she was a real trailblazer in that regard.
Responding to question, Ms. Glickman confirmed the City is required to
place a plaque on all artwork, so one will be done for this as well. It will have
the artists name and title of the work and explain who created the piece and
what it stands for. She anticipates the piece will be in place for six months
to a year, depending on how it stands up to the weather.
swift
When asked about the timeline, Miss Scibona said she thought the process
.r would take about four months, and it did.
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Mayor Jonathan thanked Miss Scibona for taking the initiative, stating she
will certainly leave her mark on the community. He wished her well and
stated he hoped she will consider coming back to Palm Desert.
Councilmember Nestande added she's known Miss Scibona since she was
five or six years old, and she's been a wonderful student; she wasn't
surprised she was doing this wonderful thing.
Councilmember Harnik moved to, by Minute Motion, approve the temporary
placement of a mural entitled Off the Wonderland Trail by Jacqueline Scibona on the south
walls of the Civic Center Park Amphitheater. Motion was seconded by Weber and carried
by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XIV. RESOLUTIONS
A. RESOLUTION NO. 2018 - 74 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF PARCEL MAP NO. 37347 - CIVIC CENTER (City of
Palm Desert, Applicant).
Management Specialist II Cora L. Gaugush noted the staff report and offered
to answer questions.
Councilmember Kelly asked if there was anything controversial about this
item.
Ms. Gaugush said there wasn't, it was a straightforward item that should
have been cleaned up earlier; it's a housekeeping item.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2018 - 74. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik,
Kelly, Nestande, Weber, and Jonathan; NOES: None).
B. RESOLUTION NO. 2018 - 75 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING A SHELTER
CRISIS PURSUANT TO SB 850 (CHAPTER 48, STATUTES OF 2018 AND
GOVERNMENT CODE § 8698.2).
Mr. Stendell stated this item was in response to State funding that's making
its way down to the cities. The Homeless Emergency Aid Program (HEAP)
funding grant cycle is only available to cities that declare a Shelter Crisis via
a resolution. Upon approval of the proposed Resolution, staff intends to
submit an application through Riverside County for Palm Desert's portion of
the HEAP funds. These funds can be used for the operation of the draft
program being put together for homelessness within the City of Palm Desert.
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Mayor Jonathan noted Coachella Valley Association of Governments
(CVAG) initiated this request in hopes that all cities will pass the Resolution
giving the Coachella Valley a greater voice in obtaining funding it has
previously not received. Mr. Stendell concurred.
Councilmember Harnik questioned what exactly was the City declaring.
Mr. Stendell replied he wasn't sure there was a nuance or any implication for
the City to declare an emergency crisis on the shelter, stating this was a
requirement of the funding. If Palm Desert wants eligibility for this funding
stream, Council needs to pass the proposed Resolution. He understood
many sat through a League of California Cities Webinar on this process, and
step one was to declare a crisis.
Councilmember Harnik expressed concern, because there have been
discussions in Sacramento about declaring an emergency on housing. If that
happens, the result is, and it will most likely happen after the election, Palm
Desert could lose local control and giving it over to the State. She's
wondering if this was a step in that process, which was scary to her.
Councilmember Nestande agreed, stating anytime there is money involved,
there could be strings attached.
Ms. Aylaian pointed out this was an independent issue, in that it deals with
the number of people that are homeless and the rapid rate at which the
population is increasing. There is a 51 % increase in the number of
unsheltered people in Palm Desert in the last year. Approval of the
Resolution sets the City up for taking advantage of programs that are
available for financing. The City does not advocate any control to any
outside agency. Approval of the Resolution will allow Palm Desert to be
eligible and to participate with the County or with CVAG in soliciting funds.
Councilmember Harnik clarified she didn't the City would relinquish control,
but thought it was a step in the process. If the narrative in Sacramento
becomes there is a crisis occurring throughout the cities and they must
declare a housing emergency, she questioned whether Council was feeding
into it. Her concern may not be valid, but she couldn't help but connect those
dots.
Mr. Stendell stated he would be concerned if the declaration of an
emergency on this issue was being lead by a State Housing and Community
Development. Also, their departments don't always communicate well with
each other. He believed Councilmember Harnik was giving too much credit
to that thought process, but he couldn't provide her with a solid yes or any
answer to the question.
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Ms. Aylaian said Councilmember Harnik was right to have a healthy sense
of skepticism, and she understood the concern, but at staff level, it's not
prepared to speak to political issues at a Statewide level.
Mr. Stendell offered that if Council wanted more information, it can continue
the item.
Councilmember Harnik said the City wants the funds and nothing will occur
until after the election. A lot will depend on election results and how the
Governor's race turns out.
Councilmember Kelly believed Council had to play the game based on the
rules given thus far, and if something changes the rules, than the City can
cry foul. Therefore, declaring the crisis is essential to tap into these State
funds. In good conscience, the City can declare a shelter crisis with the 33%
increase in the homeless count.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2018 - 75. Motion was seconded by Kelly.
Mayor Jonathan believed all Councilmembers were concerned about
Sacramento and their continuous attacks on local control, which is valid.
However, this is a State grant of $500 million, and it's anticipated that the
County will be allocated $9.8 million, which will then be allocated by the
Continuum of Care Board of Governance where the City has representation.
Therefore, in order to be considered for funding in the Coachella Valley,
Palm Desert has to declare the emergency. The only alternative is to not
qualify for any funding. The other reason for declaring the emergency is that
CVAG intends to submit an application on behalf of the entire Coachella
Valley to the extent that each City declares an emergency, giving the City a
stronger voice and hopefully gain some funding.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
Mayor Jonathan pointed out that Greg Rodriguez who represents the County
in this matter is an excellent source of information, as is Cheryl Dahlin at
CVAG.
XV. ORDINANCES
A. For Introduction:
None
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
B. For Adoption:
None
XVI. NEW BUSINESS
A. INFORMATIONAL REPORT ON AFFORDABLE HOUSING STRATEGIES
WITHIN THE CITY OF PALM DESERT, AND A REQUEST FOR ANY
DIRECTION RELATING THERETO.
Mr. Stendell stated this presentation is a continuation from the Study Session
that started at 2:00 p.m. At the June 14, 2018, under Request for Action,
Mayor Jonathan requested staff answer four specific question relating to
affordable housing. Additionally, the staff report, which can be found on the
City's website, provides a brief description and background on Housing
Element Law and policies in place. First Question: "How does the City's
current policy compare to other Valley cities." Staff made extensive calls and
emails to other Valley cities and found that none are doing any specific
incentivizing of affordable units at this time. Most Valley cities are using their
zoning authorities to up -zone properties that need to accommodate
affordable units. They are also working with developers through incentives
to use appropriately zoned lands. None of the cities staff talked to had any
in -lieu fees, inclusionary housing ordinances, or policy memos related to
exactions in this realm. He said deep conversations often come up at the
Technical Planners Group, because there are just no good answers. With
the loss of redevelopment, most cities are doing the best job they can with
the resources available. Second Question: "Is the City's policy consistently
applied." The answer is yes, but with varying results. One comment made
in the Study Session is that staff had been a little bit inconsistent. Staff looks
at every project uniquely as to the need for affordability, and it applies a
negotiation and strategy based on that. From the development world, it can
read as inconsistent, which is understandable, which is one of the reasons
for having this discussion. On the project side, with the Ponderosa Homes,
many years ago the City entered into an agreement to reserve eight acres
of raw land with 140 total units with 10% to remain affordable housing. The
Retreat at Desert Willow and Palm Desert Country Club were both assessed
a condition for in -lieu fees. The Millennium Specific Plan was a partnership
where there was land swapped and affordability built into that project,
including affordable units required of the apartment complex that's in this
specific plan. The Sands Project, which was recently approved at the City
Council was afforded a Density Bonus utilizing State legislation allowing
cities to relax certain development standards for affordable projects. It was
an 80/20 project where 80% is at market rate, and 20% is at very low and
low. This was a great use of public/private partnership as far as getting units
constructed in the City. Responding to question, he said 400 units are
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
proposed for The Sands. Currently, the City is under negotiations with a
developer who is looking to mask the specific plan with raw land in the north
sphere for a 20% inclusionary within the project, which is the concept of the
negotiation. This was just another topology staff has encountered over the
last 10 to 15 years. Third Question: "Is the City's policy effective or is it
deterring development?" The answer is that it's very hard to determine, but
staff is seeing and hearing financial implications as reported back by the
development community. There is definitely additional time spent when
these issues come up. Some projects have sped through this process and
get through negotiations fairly quick, and others can take 12 months or more
before both parties are willing to move forward. Fourth Question: "Is there
a better way to do this?" In reality this is a policy question staff is trying to
obtain input from the City Council. The 2013 policy memo indicates the City
should refresh the policy from time to time as new legislation is passed, and
since five years have passed, it would be appropriate to revisit now in 2018.
What staff hears most often from the development community is that it's
seeking a fair and certain process. Therefore, staff is seeking direction or
guidance on what Council's expectations would be with regard to affordability
and staff can research and prepare a draft policy for it's review and approval.
Councilmember Harnik inquired about the Ponderosa Development.
Mr. Stendell replied that the policy was amended in 2013, and the Ponderosa
Development was initiated around 2004 or 2005.
Councilmember Harnik asked what was accomplished with the amendment
change.
Ms. Aylaian said it entitled the last eight acres of land. When the project was
originally approved, land was set aside as part of the agreement. No parcel
maps or architecture was developed, because there was an understanding
then that the means and desires of home buyers were changing, and they
didn't want to commit to a product. They wanted to remain flexible for
developing future phases, and this was that future phase.
Mayor Jonathan commented that after the Study Session his understanding
has been crystalized. He understood that the City's basic policy, with regard
to encouraging affordable housing, is that residential developments over five
acres in size are required to deed over 20% of the units to qualify, which is
the starting point.
Mr. Stendell added that it also included asking for discretionary approval, a
zone change, specific plan, or something outside the norms that zoning
provides them.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Mayor Jonathan went on to say that if the developer was not asking for any
'W exceptions, they were not subject to the low income requirement.
elm
NMI
ow
Mr. Stendell answered yes, because that's how staff has interpreted the
memo for the past three years.
Mayor Jonathan stated that in addition, for any commercial development
there is $1.00 per foot charge. On occasion, developers who prefer not to
have affordable housing units within their residential development, the City
has entered into discussions, negotiations, and agreements for them to pay
a fee in lieu of creating the actual affordable housing.
Mr. Stendell agreed it has been done on occasion. Further responding, he
confirmed other Valley cities don't have a policy that requires the creation of
affordable housing for payment to mitigate the need for affordable housing,
with the exception of Coachella when someone is requiring a development
agreement. He added most cities are absorbing the obligation on their side,
in that they are not looking to the exactions on the development community.
They are trying to partner with private developers like Palm Desert did with
The Sands Project. They are looking at CVHC (Coachella Valley Housing
Coalition) and working with the tools they can without looking at exactions on
the private development side of the books. In other words, they are keeping
it at what they can control and not asking the development community for
anything additional.
Councilmember Kelly asked if they are having success.
Mr. Stendell said they were in some cases. He explained there are federal
funds available in the east valley that certain communities can tap into that
Palm Desert wouldn't qualify for. Further, there are developers out there like
The Sands, but they are in short supply. He believed every community in the
State is being challenged with this specific topic.
Councilmember Nestande stated the City of Rancho Mirage is building a new
Sun City with 2,000+ homes, questioning if they were exempt because it's
for people 55+ housing.
Mr. Stendell said it wasn't.
Councilmember Nestande wondered how that development was working,
because in Palm Springs they have several housing developments starting,
and she was curious to know if they have a housing component.
Mr. Stendell responded he wasn't aware, but there again, they are trying to
take developers in that arena and teaming them up with State programs and
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
attempting to find available lands. He believes staff there is coordinating the
deal/projects. Further responding, he confirmed the City of Palm Desert is
doing the same thing. He went on to say success looks like The Sands,
because it fulfills one entire category for the City with about 72 units; Palm
Desert got all of its units for seven years in one project. He said there is a
lot of success out there, just not the speed at which it comes.
Councilmember Kelly asked what was in the City's control that produced that
success. In other words, she didn't want to chalk it up to good luck, because
the City wants to be able to duplicate it again.
Mr. Stendell said that if you spoke to Mr. Lee Newell, Applicant for The
Sands Project, and many other developers of private development, it's the
total package of what the City of Palm Desert provides, the well -maintained
streets, and park settings. The landscaping throughout town is what often
brings the development community to Palm Desert, because you get a level
of service you don't get elsewhere. For Mr. Newell, he indicated to staff that
he had been keeping an eye on that property for over 20 years, and this was
his business model of the 80/20. This was just one developer, but staff has
heard these types of stories year after year.
Mayor Jonathan offered it would be fair to say, from a financial standpoint,
the density bonus that Mr. Newell received as a result for providing the
required number of affordable housing likely factored into a financial decision
for him to proceed in that direction.
Mr. Stendell agreed. Responding to question, he couldn't say that the
density bonus was the defining component in The Sands Project, because
it takes a multitude of things to come together. He said private developers
need to have a performa that yields a good return, and the density bonus in
pure numbers probably made it work. Additionally, with The Sands, the
package included State funding and tax credits.
Councilmember Harnik said she understood the east valley qualified for
things that Palm Desert doesn't, so she's trying to understand the bag of
tools that Palm Desert developers may have.
Mr. Stendell explained there are many and they are ever changing. A lot of
it is legislative, and the granting pots change. This is a big emphasis at the
State right now, so there is a lot of funding, but the challenge is getting that
funding drawn out to the eastern Riverside County and Coachella Valley,
which has been difficult. However, given the high priority for housing in the
State of California, staff is always keeping an eye on the bag of tricks and
expanding and adding things to the tool kit. Between the Planning Division,
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Housing Department, and Finance staff, efforts are made to stay on top of
.r. what is out there.
1110.0.
Councilmember Nestande recalled The Sands Project was on the agenda a
couple of times and caused a lot of controversy. In large part, because the
only way that project was going to move forward, was if it had the density
bonus and it didn't matter what other funding mechanism the City had at its
disposal. She said the catalyst was the density bonus, which the City
shouldn't rely on for all projects moving forward.
Ms. Aylaian offered that the greatest tool for providing affordable housing in
our area is Tax Credit Financing, and that is something all of the projects rely
upon, including The Sands. She explained that award of a tax credit
depends upon many things, including the location, density, number of units,
access to public services, transportation, schools, etc. Palm Desert projects
typically do not score as well for Tax Credit Financing compared to project
in the east end of the Valley or projects that are in more urban area. Palm
Desert is also not on a metro system or mass transit, which helps to award
points for competitive Tax Credit Financing. Therefore, the current primary
tool is Tax Credit Financing, but it's not easily obtained, and it can take a half
a dozen application cycles before the financing is awarded, if at all.
►.. Councilmember Harnik remarked it was similar to the Arc Project.
Councilmember Kelly said there is the noncompetitive 4% tax credit, which
all the City's proposed projects would be eligible.
Ms. Aylaian agreed, adding she failed to mention cities could also waive fees
or financially participate by donating the property. There are other things the
City can do to make projects more likely to get funded, all of which would
require the investment of City resources.
Mayor Jonathan stated Palm Desert has had a number of projects that
privately have constructed affordable housing. In addition, through the
Housing Authority, the City owns and operates around 1,200 units. He's
curious if any of the other cities own and operate affordable housing units.
Mr. Stendell replied he could get those statistics, because there are other
cities that have more units than Palm Desert. Nonetheless, Palm Desert's
portfolio is impressive.
'"" Ms. Aylaian added that Palm Desert is unusual in that the City manages
most of its units.
Iwo
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Mayor Jonathan would like to know if other cities owned and operate their
own inventory of low-income housing, and if the answer is yes, he was
curious if they don't have an exaction, how did they finance the creation of
those units.
Mr. Stendell believes it happened during the redevelopment era, but he will
research it and bring back the data.
Mayor Jonathan learned the City of La Quinta has had some measure of
success in attracting private developers in recent years to create low-income
housing within their city. He asked if staff was aware of the reasons for their
success in attracting the private industry.
Mr. Stendell said he will dive deeper into it, but he believed they were
fortunate in obtaining remnant funds in their housing mitigation through the
dissolution of redevelopment by using the 20% stream for the Wolff Waters
Place.
MR. CLINT LORIMORE, Building Industry Association (BIA) - Riverside
County Chapter, stated he sat through the Study Session earlier this evening
and found it informative. This discussion raises the heartbeats of those in
the development community. The City's current policy is of concern to the
members and how its being applied. In lieu fees, exactions, inclusionary
zoning, and negotiation of 20%, etc., stops development on its tracks,
because it hinders projects from penciling out. The development community
wants to have clarity, but through incentives of what the City wants to see
brought forward as opposed to 20% off the top and what it has to dedicate
to low-income housing. Just this morning, he was at an economic
conference in Riverside, and the discussion revolved on the cost of housing,
affordable housing, inclusionary zoning, and how to get there, which he felt
was certainly not the answer. The reality is, because of the shortage in the
State, you can build 180 units a year, but it needs to build 180,000, yet it
hasn't been doing it for ten years. The shortage is adding to the cost of
housing, because rents continue to go up. He recommends not imposing the
requirements mentions on any of the projects in the pipeline.
Councilmember Harnik asked about the incentives.
MR. LORIMORE replied he had a list that he will forward to the City Council
and staff this evening. Partnering with developers is one of them, and the
City's Policy reference in the memo is not what partnership feels like.
MR. CHRIS CHAMBERS, Consultant for the Monterey Specific Plan,
divulged that after consulting for more than 30 years, this was the most
uncomfortable appearance he has ever made. The MCP Specific Plan, of
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
which he is the applicant's consultant, which he has been processing through
the City for the past 2% years. It's not his intention to present his case,
because that's the genesis for his uncomfortableness. He came as a
member of the community responding to this issue. It's very important for
Council to understand from the development community's standpoint, an
exaction can only occur when there is value to a project. Therefore, he
would encourage Council to reexamine the first discretionary act of every
single one of the projects that were put on the board to determine if there
was value added to the project. Ponderosa, for example, action was taken
that significantly increased the density of the project. The exaction by the
City was for the developer to set aside a site for affordable housing, and
included 10% of his project as moderate housing. Moderate housing is very
close to market rate in most economic cycles. With The Sands Project, the
genesis of the approval, which was done during the redevelopment agency
days, it was a significant change of zone for the property. His recollection
was that it was open space and converted to high -density residential. The
most recent action, the development and the project came into the City
already having an affordable housing requirement on the property.
Therefore, the developer, a subsequent to the first action, had another action
in front of the City Council which was to award a density bonus. At every
turn, the density has been increased on a project that was approved during
the redevelopment agency days. In other words, the project was already
burdened by an affordable housing condition. He could take more time on
this, but he encouraged Council to look at the value that is really being added
by the discretionary action. His definition of value added is something that
would occur when there is a change of zone, a variance to a zoning
ordinance, or when there is some other action that takes it outside the realm
of what the current zoning is and the current status of the project is in the
City. He said it was important to investigate those facts. Lastly, the MCP
Specific Plan was identified as Monterey Specific Plan, and there is no
agreement for 20%, and he looked forward to coming before the City Council
soon on that project.
MR. JAMES BROWNYARD, Desert Valley's Builders Association, stated the
State screwed up the situation and now everyone is living with the impacts,
which is what they see with other cities and other agencies. In 2011, the
State took funds that used to get recycled throughout the community and
provided affordable housing at varying levels. It continued to draw out from
the community and make money, thereby, using those funds over and over
again. However, that no longer exists. The industry has some tools, and
one of them is a density bonus; it's cheap and easy. It may push a project
over the edge to where it meets the margins, but there are other issues. The
total fee input that a developer pays, were looking at an average of $40,000
per unit, all fees included. The fee includes the school districts, water, sewer,
etc. Therefore, when looking at the total package, there are different things
this body can do. The City Council can defer fees until Certificate of
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Occupancy to avoid the developer from carrying the charges. In other words,
a developer wouldn't have to put up the money six months before it sells the
product, which helps, but these are small things. With the 80/20 program,
there are colors of money like grants and State monies. There are other
investors smarter than he who are trying to put together something that is
affordable that can meet the demand. The industry knows that any kind of
inclusionary requirement or fee doesn't work at any level, because it doesn't
produce more homes than without it. In fact, without it, a free market actually
produces more homes on the whole spectrum of housing cost. If he has to
pay a 20% fee to make it part of his project, he will have to carry that cost or
lost over to the other units in that development, which doesn't pencil out at
the end of the day. If a developer comes up with a $200,000 home for 20%,
it now brings up that $350,000 home into the $400,000 housing market. For
every $1,000 price increase, per the NHBC (National Housing Building
Council) standards, it's 14,000 families that are out of the eligibility to get
funding for that home.
Councilmember Nestande appreciated the comments made by the speakers,
because they have valuable input and wisdom. She would like to have a
dialogue with the building industry, elected officials, and staff to come up with
great solutions. She understands the situation everyone is in because of the
State mandates, so as a City, it can start looking at ways to partner with
developers. Because of the Toss of redevelopment monies, the City can look
for ways to help financially. She doesn't know where that pot of money
would come from, but she believed it's something to look into.
Mayor Pro Tem Weber concurred, especially about what the City can do
differently.
Councilmember Nestande added that just hearing Mr. Brownyard talk about
the fees and how it causes the price of a home to rise exponentially, making
housing unaffordable, was valuable input.
Councilmember Kelly pointed out staff was asking the City Council how it
ranked its desire to create new affordable units. She personally ranked it
very high for the following reasons: The City's economy creates Tots of
service sector jobs, and many of those jobs do not currently pay enough to
enable those Palm Desert employees to afford market -rate housing in the
City. One of the paramount objectives Council talks about when developing
transportation plans is to reduce miles traveled to have a positive impact on
emissions, because the climate and environment are the City's bread and
butter. Without a beautiful environment, Palm Desert doesn't have a basis
for a tourism driven economy. The single most effective way to reduce
vehicle miles traveled is to afford housing close to where people work, it's
just that simple. If the City is serious about reducing vehicles miles traveled
24
PPM
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
and vehicle emissions, Council absolutely has to rank this issue high.
However, she's a lot less clear on how to achieve it. Of course, this issue
has to be done collaboratively with the development community, because the
City doesn't build houses, and the funding landscape is increasingly complex
after the loss of redevelopment. What she would like to see next is more
action and activity at the staff level and potentially utilizing consultants.
Perhaps a proposal needs to come back to the City Council to authorize for
a consultant, because she believes in-depth collaboration is needed with
developers, such as Mr. Newell, to learn how the City can position itself to
have the greatest impact. In the Study Session there was discussion about
consistency, which affords predictability. She said Mayor Pro Tem Weber
made the comment that each of the City's affordable housing properties has
some unique dimension, and Palm Desert doesn't have very much vacant
property left. Before making decisions, it might be helpful to the City Council
to have a study session where it looks at what vacant property is left and
what visions' staff has for key parcels.
Councilmember Harnik concurred, stating she believed this needed to be put
on fast forward, because there are developers that want to work in Palm
Desert, but they can't make a budget without the numbers. However, when
the City finally comes up with a result, not everyone will be 100% happy, but
that's compromise. She would like to see the list of incentives and be able
to work with them. She keeps hearing about inclusionary zoning, but the City
has found that it happens to work well. When the City integrates different
levels of housing, people rise together, which is important, because Council
wants a well-rounded community in Palm Desert. It's something the City has
been working on and it's part of the Strategic Plan. Also, there were some
great ideas mentioned in the Study Session on how the City can help
developers, and in order to do this right away, Councilmembers may have to
carve out time from their schedule to focus on this.
Councilmember Kelly offered that since study sessions are not
decision -making sessions, if staff can gather information from a variety of
sources prior to the study session, it may create faster progress. To her way
of thinking, information is what is most needed from both profit and nonprofit
developers for affordable housing, to learn how the City can adjust its policy
to prompt their selection of some of the opportunity that still exists in Palm
Desert.
Councilmember Harnik agreed, stating Council will need to know about all
the unique properties still available, formulas being used, and whatever other
options there are, because Palm Desert wants to attract good developer.
__ Mayor Jonathan was in agreement in large part with all the comments.
However, staff is asking for direction with regard to potential strategies
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
concerning housing affordability within the City. It's a very broad task, and
he finds Council is focused exclusively in encouraging the development in a
fair manner. Yet, it occurred to him there is another side to the equation.
Creating low-cost housing is one side, but enabling people to afford housing
is the other side. He's proud that Palm Desert is taking several steps in that
direction with its investment in the second iHub and partnering with Cal State
University San Bernardino with regard to cyber security, because creating
high -paying jobs is another way to getting people into market -rate housing.
He said Council should never lose sight of that, because the argument can
be made that solving the problem through enabling people to be educated
and earn higher income is a much better solution than creating housing that
is below market. With regard to the current policy, the question is whether
it's effective in terms of encouraging the creation of affordable housing. He
has serious reservations, and there is data that indicates that when you
increase fees associated with building housing, it creates unintended
consequences. In his opinion, the policy is broken. It is consistently applied,
but it consistently produces inconsistent results, which is not fair and
inappropriate. It's a broken policy that needs to be fixed. He personally
couldn't make any decisions until he understood where the City fits in. Palm
Desert has a lot of affordable housing units and wondered if it's enough for
a community of this size. There is an untold number of affordable units that
have gone through a private process, so those units could be unaccounted.
He didn't know how Palm Desert equates to other communities or the needs
of this community. He believed those questions had to be answered before
saying what the City needs to do. He agreed input from the development
community was needed, but the City wasn't going to blindly eliminate fees of
any nature. He would like to hear their reasoned analysis and gain from the
benefit of their experience, Council can then draw from it and make an
informed conclusion. He believes staff heard the kinds of data he is
interesting in having. In summary, be believed the City needed to move
forward quickly, it has a policy that needs attention or modification, and
Council owed it to the development community and residents to do
something if its serious about creating affordable housing.
Councilmember Harnik agreed Council couldn't have a narrow focus on this
issue, because it's not that the community didn't have enough homes, it's
that there are not enough high -paying jobs to afford them, which is why the
City made the decision to invest in the iHub. She emphasized the
importance for moving quickly, but with staff providing as much information
in order to make the best decisions.
Councilmember Kelly pointed out that Palm Desert has 1,100 affordable
units and the wait list is between 8,000 and 9,000, which is a strong indicator
that demand is greater and currently not being met. She is a huge proponent
of the iHub and the work its doing as a City to diversify the economy to
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
create high -paying jobs. However, Council had to keep in mind that as it
creates high -paying jobs and as it creates market -rate housing, based on the
Nexus Study, there is a consequence in creating more service sector jobs to
accommodate that growth. Therefore, until service sector jobs pay more,
there will be a continued need for affordable housing.
Mayor Jonathan reiterated it was important to understand what other cities
are doing to encourage private development of affordable housing, because
it appears some cities are successful in that regard. In his previous
comments, he wasn't implying there isn't a need for more affordable housing,
and he's also not saying Councilmember Kelly was suggesting Palm Desert
had to build 9,000 more units because of the waiting list, because there
could be people from New York who are putting their name on the list. His
comments were directed to the question of whether or not Palm Desert has
fulfilled its obligation as a City. Obviously, Palm Desert is not going to fulfill
or solve the need for affordable housing for the entire Valley, County, State,
or nationally. The real question is whether the City has done enough or
should it do more. It's a question that should be on the table when
considering moving forward.
Responding to question from staff about direction, Mayor Jonathan said
there was a consensus by the Council that once staff finds out what is
involved, it can exercise judgement and make a recommendation to the City
Council on how to proceed whether that is through a formal City Council
action, a study session, or a staff report.
Councilmember Kelly agreed, stating it can be in memo format with a
proposed process or process options.
Councilmember Harnik invited Mr. Brownyard and Mr. Lorimore to provide
any information they deemed helpful
Councilmember Nestande moved to, by Minute Motion: 1) Receive and file
informational report related to the City's current policy on affordable housing; 2) directed
staff to collect data and provide recommendation on how to move forward. Motion was
seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and
Jonathan; NOES: None).
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
B. REQUEST FOR AUTHORIZATION TO PURCHASE 51 GARDEN PLANTER
BOXES FROM GREENDAY, LLC, FOR THE SANTA ROSA COMMUNITY
GARDENS IN THE AMOUNT OF $105,366 (CONTRACT NO. C37690,
PROJECT NO. 997-18).
Landscape Supervisor Randy Chavez noted the staff report and offered to
answer questions.
Mayor Jonathan stated staff is requesting an exemption to the bidding
requirements, and while he generally shies' away from those types of
exemptions, it's amply justified in this case.
Councilmember Harnik moved to, by Minute Motion, authorize: 1) An exemption to
the bidding requirements, as provided for in Palm Desert Municipal Code
Section 3.30.160(J) to allow sole source procurement from Greenday, LLC, Indio,
California; 2) purchase of 51 garden planter boxes from Greenday, LLC, for the Santa
Rosa Community Gardens in the amount of $105,366 — funds are available in Account
No. 2364618-4400100 - Recycling Fund. Motion was seconded by Weber and carried by
a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
C. REQUEST FOR APPROVAL OF A COOPERATIVE AGREEMENT FOR
THE DESIGN AND CONSTRUCTION OF TRIPLE LEFT -TURN LANES AT
THE INTERSECTION OF FRED WARING DRIVE AND
WASHINGTON STREET (CONTRACT NO. C37700).
Project Administrator Ryan Gayler pointed out this Cooperative Agreement
is between the cities of Indian Wells, La Quinta, and Palm Desert. This is for
construction of a triple left -turn lane. The City of La Quinta will be the lead
agency for the project by doing all the work for the administration of the
contract and construction. Palm Desert's portion is $116,000 of the
$1.8 million contract, adding that Coachella Valley Association of
Governments (CVAG) will be picking up 75% of the cost.
Councilmember Nestande said she finds those triple left -turn lanes
dangerous, but assumed staff did a study on the traffic patterns to warrant
them.
Mr. Gayler replied that traffic gets backed up when there are big events at
the Tennis Garden and surrounding area. It's anticipated that over time the
level of service will drop to where it's unacceptable.
Councilmember Kelly noted the City's portion was actually a third of that 25%
shared by all the cities.
28
01111101.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Mayor Jonathan stated the City's budget provides for up to $250,000, but it's
.r only going to pay $116,000.
Councilmember Kelly moved to, by Minute Motion, authorize the City Manager to
execute a Cooperative Agreement for the Design and Construction of Triple Left -Turn
Lanes at the intersection of Fred Waring Drive and Washington Street — funds are
available for the project in Measure "A" Project Account, No. 2134617-5000501. Motion
was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande,
Weber, and Jonathan; NOES: None).
D. REQUEST FOR ADOPTION OF RESOLUTIONS BY THE CITY COUNCIL
(AS THE DEFINED LEGISLATIVE BODY) AND HOUSING AUTHORITY (AS
SUCCESSOR HOUSING ENTITY TO THE FORMER PALM DESERT
REDEVELOPMENT AGENCY), EXTENDING THE PERIOD FOR
RETENTION OF APN 627-122-013 AND 627-122-003 (A.K.A. SAGECREST
EXPANSION - SANTA ROSA WAY) FOR AN ADDITIONAL FIVE-YEAR
PERIOD AND REAFFIRMING THE AUTHORITY BOARD'S INTENTION
THAT THE PROPERTY SHALL BE USED FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING TO PERSONS AND FAMILIES OF LOW AND
MODERATE INCOME, PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34176.1 (JOINT CONSIDERATION WITH THE PALM DESERT
HOUSING AUTHORITY).
lime
Senior Management Analyst Veronica Tapia stated staff was asking for an
extension in order to out for a Request for Proposal (RFP) to get this
property developed for affordable housing. She noted this item went before
the Housing Commission and they are happy to see this go forward.
Mayor/Chairman Jonathan was unclear about the next step, asking if the
plan was to move forward with a RFP in the near future.
Ms. Tapia replied staff has been working on the RFP for the past few month,
and the plan is to send it out once it's been through legal counsel in defining
what it needs to get the ideal proposal back. In short, yes, the next step is
to go out for RFP.
Mayor/Chairman Jonathan asked if the RFP was for the purpose of a
developer to purchase the property into development, and if staff expected
that to be for low-income housing.
Ms. Tapia answered yes.
Moo
Or
29
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
Councilmember/Member Harnik commented this was a perfect example
where the Density Bonus could be applied.
Ms. Tapia agreed, stating she understands it has the potential for 16 units.
Mayor/Chairman Jonathan asked if it would be possible for a developer to
create something that's free of any City involvement and create entirely
affordable housing targeted for seniors, but through tax credits and other
incentives.
Ms. Aylaian said it's unlikely for a developer to be able to produce affordable
housing units for seniors, because the City has met its quota for senior units.
Although, this is strategically located for senior development, and if someone
wishes to build a senior complex, it wouldn't help the City meet any of its
goals.
Mayor/Chairman Jonathan asked if it would be possible to convert some of
the existing senior housing stock, given the proximity to the Joslyn Center,
to non -senior housing, so that it would benefit the City, in terms of achieving
the goal.
Ms. Aylaian replied it was possible, but it's expensive, because you are
talking about different number of bedrooms and different sizes of uses.
Councilmember/Member Harnik moved to waive further reading and adopt: 1) City
Council Resolution No. 2018 - 76, reaffirming its intent that affordable housing be
developed on Authority -owned vacant lots known as APN 627-122-013 and 627-122-003,
and extending the time period for retention of such property for an additional five (5) years,
pursuant to Health and Safety Code Section 34176.1; 2) Housing Authority Resolution No.
HA - 87, reaffirming its intent that affordable housing be developed on Authority -owned
vacant lots (as Successor Housing entity) known as APN 627-122-013 and 627-122-003,
and extending the time period for retention of such property for an additional five (5) years,
pursuant to Health and Safety Code Section 34176.1. Motion was seconded by Nestande
and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES:
None).
XVII. CONTINUED BUSINESS
None
30
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2018
XVIII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 1 TO
CONTRACT WITH DOKKEN ENGINEERING FOR THE SAN PABLO
IMPROVEMENTS PROJECT (CONTRACT NO. C35520B).
Management Specialist II Cora L. Gaugush noted the subject change order
regarding the application for the Active Transportation Program (ATP) grant
for the San Pablo Improvement Project. The potential is $3.2 million and the
cost to prepare the report was $14,260. She said Dokken Engineering has
completed the work under the authority of the City Manager. This was an
administrative item to pay the vendor.
Councilmember Kelly moved to, by Minute Motion, approve/authorize:
1) Amendment No. 1 to subject contract with Dokken Engineering, San Diego, California,
for additional work in conjunction with the San Pablo Improvements Project; 2) authorize
Mayor to execute same - cost benefit of receiving grant for the project will well justify cost
involved with complex preparation of same. Motion was seconded by Nestande and
carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES:
None).
XIX. PUBLIC HEARINGS
None
XX. ADJOURNMENT
With City Council concurrence, Ma
ATTEST:
LLE D. KLASSEIct, CITY CLER
F PALM DESERT
, CALIFORNIA CITY O
SA
han adjourned the meeting at6:22 p.m.
AN, MAYOR
31