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HomeMy WebLinkAboutPreliminary Minutes - City Council - May 12, 2011rl t p iA j w Y9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 12, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:04 p.m. Ii. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tern Robert A. Spiegel Mayor Jean M. Benson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manger 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 Misty Reynolds, Admin. Sergeant, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 1) Property: Lease Property - 72567 Highway 111, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Donna Gomez/ City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Springs Art Museum Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Ruhnau, Ruhnau, Clarke & Associates v. City of Palm Desert/ Palm Desert Redevelopment Agency, Riverside County Superior Court, Case No. INC 10008463 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert Mr. Erwin requested the City Council consider adding an item to the Closed Session agenda having to do with existing litigation pursuant to Government Code Section 54956.9(a). b) Douglas Tullio v. City of Palm Desert Riverside County Superior Court Case No. INC 089084 Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, the aforementioned item of existing litigation was added to the agenda for Closed Session consideration. On a motion by Finerty, second by Spiegel, and unanimous vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:07 p.m. Mayor Pro Tern Spiegel reconvened the meeting at 4:03 p.m. A� a PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 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 Jan C. Harnik VII. INVOCATION - Councilmember Cindy Finerty Vill. ORAL COMMUNICATIONS - B MS. KAREN CREASEY, stated she was the new Palm Desert Aquatic Center Manager and was actually present in honor of the YMCA to thank the City Council for allowing the Healthy Kids Day to take place on April 23, 2011, which was a huge success. She said there were 2,200 children in attendance, and it was a fun -filled event sponsored by Rabobank. MR. ED KRAUS, Pebble Beach Circle, Palm Desert, CA, stated he had three issues with regard to Burrtec's change to the trash pickup, which Burrtec convinced the City Council to do through their contracting. The first issue for him personally and the Association of Palm Desert Resorterwas the procedural process for notification of the change; second issue has to do with quality of life and health; and third with cost effectiveness. He said he didn't know if the notification process was legal or not, but when individuals in the community want to make modifications to their residence or site, the Planning Department has to be informed through a 30-day notice, send out letters, and then conduct a hearing for people to voice their opinions. In this case, he received a postcard from Burrtec that basically just said, "Hi, the week of May 16 the trash pickup was shifting from Monday's to Thursday's." His community of almost 1,000 homes is one-third permanent residents, and the rest are part-time residents on the weekends or renters. He said traditionally renters came on the weekend and left their trash out on Sunday night for Burrtec to pick up on Monday. If one had to wait until Thursday for the trash to be picked up, in terms of quality of life and health, the community is left with overfilled trash cans, mice, rats, and coyotes that fight the trash cans over. He said the Palm Desert Municipal Code states "You shall not put your trash bin out 12 hours prior to trash pickup and must collect it within 12 hours of it being emptied." He said once the weekenders leave their trash out on Sunday, the Association is left with the responsibility of having the trash picked up; otherwise, it will cause a great deal of problems for them. With regard to cost-effectiveness, he understood the contract that was set up was amenable to the City, but somewhere along the line Burrtec said it would save a lot of money on gas or maintenance. He said the residents have never seen any numbers to support that claim and wondered what public savings there would be as opposed to what will happen to the residents and what they will face after trash had been left out for four days. He said this was a major concern and would appreciate the City Council taking a second look at this matter 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 1212011 and hopefully goes back to a schedule that served the part-time and rental communities that generated money for the Palm Desert community. MS. GLORIA KIRKWOOD, Salt Cedar Street, Palm Desert, stated she was representing the Palm Valley Homeowners Association membership and Board of Directors regarding the City Council's decision on April 14, 2011, to change the trash pickup day from Monday to Thursday for Palm Valley Country Club, as well as two other communities. The decision to change the trash at Palm Valley came as a surprise to the Association, via, an article in The Desert Sun newspaper informing those communities affected by this change without previous notice. Since Palm Desert has an exclusive franchise with Burrtec, and the fact that the community is not able to contract with another waste management company, someone would have notified the Association in advance giving them an opportunity to address the Council prior to the item being on the agenda for a vote. That being said, the Association believes the City has more of a responsibility to the community and should consider the communities needs prior to making such a decision. In speaking with Burrtec, it was their understanding that it was the City that requested to not have trash and recycling co -mingled with other jurisdictions. Burrtec also stated the change would help them service the City more efficiently and reduce carbon footprints. This is fine, but why then is Burrtec picking up Indian Ridge Country Club's trash on Monday and not Palm Valley Country Club, which is directly across the street. She said this didn't seem efficient nor eliminate carbon footprints. She said Palm Valley Country Club has been very supportive of the City's desire to control waste and recyclables, in fact almost two years ago, the Association retrofitted the dumpster area to allow for two recyclable bins, eliminating two waste bins in order to accommodate and encourage recycling within the community. The Association believed the change would be dramatic, as it would need to replace the two recycling bins with solid waste bins to accommodate the anticipated additional trash, which would also increase cost and decrease its recycling program. She said Palm Valley has many residents who are in Palm Desert only for the weekend, as many travel from Orange County and Los Angeles, and leave on Sunday nights. Many of these residents do not want to inconvenience other homeowners with the added chore of taking their trash bins out and putting them back in. The Association also has strict rules on how long trash containers can be placed out at the curb. She said homeowners understood they can opt, at an additional fee with Burrtec, to have walk -in-service; however, the homeowners are already paying for waste management through their overall dues and frankly do not want to pay again. Nor do they want to haul their trash to the dumpster every time they come down for a weekend, and for some homeowners, this is not an option in any situation. The dumpster area is an added convenience, not a permanent solution for trash pickup. She said the Association hopes the Council will reconsider its decision and request that Burrtec returns to the Monday pickup, which was in place for more than 20 years. She frankly couldn't understand the reason or the need for the change in the schedule now. Additionally, the walk -in-service is not convenient for the Association with the demographics of the units and not everyone had a courtyard where walk -in- service was available, and she didn't believe Burrtec accepted keys. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 Mr. Wohlmuth agreed the new Franchise Agreement executed two years ago with Burrtec requires them to collect from the entire City so it knew the tonnage coming from Palm Desert. One of the City's concerns in the past was that when waste was co -mingled with other cities, there was a higher tonnage from Palm Desert and a lower recycling amount. He said Palm Valley and Palm Desert Resorter Country Club are the two largest areas that Burrtec changed in the proposed routes. He agreed to talk to Burrtec about this issue and see if the Monday service can be maintained in those communities. He said by doing that, there will be another community that will go to a Thursday service, but maybe it can find a community that had more full-time residents to make that switch. He will keep the Council informed of the progress made. Responding to question, he said with the assistance of the City Clerk, he will obtain contact information on the speaker. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF AWARDS TO WINNERS OF THE PALM DESERT SISTER CITIES FOUNDATION'S HIGH SCHOOL ART COMPETITION, "PALM DESERT THROUGH THE EYES OF A YOUNG ARTIST." MS. ROSEMARY ORTEGA, Chairman of The Palm Desert Sister Cities Foundation thanked Palm Desert Youth Committee Members Bryce Griffith and Laura Baldwin who took the art competition forward and did a wonderful job in coordinating it. She announced the second place winner of the Sister Cities Foundation High School Art Competition was Bridgitte Crisp, and the first place winner with a scholarship award went to Harley Weir. B. PRESENTATION TO RECOGNIZE PALM DESERT YOUTH COMMITTEE HIGH SCHOOL SENIORS FOR THEIR SERVICE AS THEY PREPARE FOR GRADUATION AND DEPARTURE FROM THE COMMITTEE. Administrative Secretary Amy Lawrence stated the Palm Desert Youth Committee had nine members departing from the Committee, eight appointed and one alternate. She said these members will be going on to college in the fall and their service and dedication to the Youth Committee has been invaluable. In addition, eight new members will be appointed, and she looked forward to working with them on various committees and service projects in the fall. MR. BRYCE GRIFFITH, Chair of the Palm Desert Youth Committee stated he was on the Committee since the 81h grade and that it had been a good five years. He said to be the Chair of the Committee provided him the opportunity to learn a lot about leadership and teamwork, but more importantly he enjoyed working with all the Committee members. On behalf of the City Council, Councilmembers Kroonen and Harnik presented certificates to the following departing Palm Desert Youth Committee Seniors: Christopher Benedetto, Carl Gerhardt, Bryce Griffith, 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 Natalie Grum, Antonia Gutierrez, Garrett Powell, Landen Powell, Michael Tseng, and Sydney Werry and acknowledged the incoming new members as well. Mayor Benson noted the Youth Committee has many programs throughout the year, and they interact a lot with the Senior Center where they have Bingo, dances, and are well received. They are also at City events helping staff and learning about community participation while they are still attending high school. She hoped to see them back when they get through with college. C. REQUEST FOR ACCEPTANCE OF THE RESIGNATIONS OF PALM DESERT YOUTH COMMITTEE MEMBERS AND APPOINTMENT OF NEW MEMBERS TO THE COMMITTEE TO FILL THEIR RESPECTIVE TERMS. Councilman Kroonen moved to, by Minute Motion: 1) Accept letters of resignation from the following Palm Desert Youth Committee Members: Christopher Benedetto, Carl Gerhardt, Bryce Griffith, Natalie Grum, Antonia Gutierrez, Garrett Powell, Landen Powell, Sydney Werry, and Michael Tseng (Alternate); 2) Appoint the following individuals to the Palm Desert Youth Committee, each to fill the unexpired term of the aforementioned Members (term 12/31/11): Mitchell Chaplin, Kaylie Chen, Marvin Chen, HenryClark, Jozanne Murphy, Cassidy Quilling, Brian Rohrbaugh, and Jason Rosenblum. Motion was seconded by Finery and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 28, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 224, 225, 229. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Crush 360, 74-360 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Islands Fine Burgers & Drinks, 72-353 Highway 111, Pad B, Palm Desert. Rec: Receive and file. f iy y" ac'' ti� � ✓ra B PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven Country Club Homeowners Association, 41-555 Woodhaven Drive East, Palm Desert. Rec: Receive and file. F. MARKETING COMMITTEE MINUTES for the Meeting of March 15, 2011. Rec: Receive and file. G. REQUEST FOR AMENDMENT of the Palm Desert Statement of Investment Policy to Include Rabobank as an Authorized Depository (Joint Consideration with the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the Palm Desert Statement of Investment Policy as presented. H. REQUEST FOR ACCEPTANCE of Work for Contract No. R30380 — Perimeter Landscape Improvements at the Northeast Corner of Larkspur Lane and Shadow Mountain Drive (Project No. P87110) (Earth Sculptures, Inc., Indio, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. REQUEST FOR RELEASE of Security for Westin Desert Willow (Tract No. 35426) (Stanwood Vacation Ownership, Applicant). Rec: By Minute Motion, release the security for Westin Desert Willow (Tract No. 35426). J. REQUEST FOR APPROVAL of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter to Assemblyman Nestande in Opposition to AB 438 (Williams) — Contract Library Services. Rec: By Minute Motion, approve the recommended letter of opposition to AB 438 (Williams) for Assemblyman Nestande. 7 ... ON" i 4- PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 K. REQUEST FOR APPROVAL of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter to Senator Emmerson in Opposition to SB 432 (De Leon) — Hotel Housekeeping. Rec: By Minute Motion, approve the recommended letter of opposition to SB 432 (De Leon) for Senator Emmerson. Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AND ENDORSE CERTIFICATIONS OF RIGHT-OF-WAY ON BEHALF OF THE CITY OF PALM DESERT FOR STATE- AND FEDERALLY -FUNDED PROJECTS. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011-31. Motion was seconded by Finerty and carried by a 5-0 vote. B. RESOLUTION NO. 2011 - 32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ENTRY FEES FOR THE PALM DESERT AQUATIC CENTER. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011-32, with direction to be able to revisit the entry fee amount in the future. Motion was seconded by Kroonen. Councilmember Finerty asked if there was any provision for the Military/Police/Fire Department members. Senior Management Analyst Ryan Stendell answered not as proposed. Councilmember Finerty stated if the motion maker was amenable to amending the motion, she would like to include the Military/Police/Fire Department to use the facility at no cost since they served the community and placed their lives on the line. E. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 Councilmember Harnik asked if her request would be included where the staff report states "City of Palm Desert Employees shall be granted the rates of Resident/Property Owner for appropriate age category." Councilmember Finerty answered no, stating she was recommending the Military/Police/Fire Department to be included at no cost. Mayor Pro Tern Spiegel stated the rates can be revisited at a future date, but in the meantime, approve what is presented on a temporary basis to see if the proposed rates worked out. He said a zero -cost rate for the Military can be brought back as a separate proposal. Mayor Benson stated another aspect that will be reviewed are children who couldn't afford to pay. Councilmember Finerty stated she saw it in a different light, but if that was the rest of the Council's wish, she would be voting no. Mayor Benson called for the vote, and the motion carried on a 4-1 vote with Finerty voting NO. C. RESOLUTION NO. 2011 - 33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING TENTATIVE TRACT MAP 34943 WITH ASSOCIATED CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) ADDENDUM TO THE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE STONE EAGLE PROJECT, WHICH SUBDIVIDES 7.7 ACRES INTO SIX (6) RESIDENTIAL LOTS — PROPERTY IS LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN 652-090-002) Case Nos. TT 34943, DA 02-01 Amendment #3, and ZOA 09-494, HTE 08-288 (Eagle 6.5, LLC, c/o Ted Lennon, Applicant). Councilmember Finerty moved to waive further reading and adopt Resolution No. 2011- 33. Motion was seconded by Kroonen. Councilmember Harnik stated when this item was discussed two meetings ago at the 11 th hour, the City Council received a letter that may have caused staff to look at this request differently and may have changed the staff report. She said it was worth looking at it again and suggested revisiting it. Mayor Benson called for the vote, and the motion carried on a 3-2 vote, with Spiegel and Harnik voting NO. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 125 2011 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN THE FALCON CREST DEVELOPMENT AND KNOWN AS 74-478 FALCON LANE (APN 624-430-018), PALM DESERT, IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day first right -of -refusal period in amount pursuant to the Affordable Agreement (approximately $240,462.00 [to be increased by reasonable closing costs and commissions]); 2) 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 resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction — funds are available in Acquisition Rehab and Resale Account No. 870-4492- -464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN THE FALCON CREST DEVELOPMENT AND KNOWN AS 42-190 VERDIN LANE (APN 624-440-006), PALM DESERT, IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day first right -of -refusal period in amount pursuant to the Affordable Agreement (approximately $218,502.00 [to be increased by reasonable closing costs and commissions]); 2) 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 resale from 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Directorof Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction — funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH MERCHANTS LANDSCAPE SERVICES IN THE AMOUNT OF $141,960 FOR LANDSCAPE MAINTENANCE AREA NO. 9; AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF OR $28,392 (CONTRACT NO. C29531, PROJECT NO. 909-10). Councilman Kroonen moved to, by Minute Motion: 1) Approve a one-year extension to the subject contract with Merchants Landscape Services, Inc., Palm Springs, California, in the amount of $141,960; 2) include repair work and services at the specified contract amount not to exceed 20% thereof or $28,392; 3) authorize the Mayor to execute the contract — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion was seconded by Finerty and carried by a 5-0 vote. Councilmember Finerty commented she was in favor because the contractor was not requesting a cost of living increase. Mayor Benson called for the vote, and the motion carried on a 5-0 vote. D. CONSIDERATION OF RECOMMENDATION TO ESTABLISH A CUSTOMER DROP-OFF/PICK-UP ZONE AT EL PASEO AND OCOTILLO DRIVE; EXPAND THE EL PASEO VALET PARKING ZONE AND INSTALL "NO STOPPING" SIGNS IN THE EXISTING RED -CURB ZONE IN FRONT OF THE DAILY GRILL. Mr. Greenwood stated at one of the budget study sessions recently held, the Council asked staff to look into the valet parking, the patrons' pickup/drop off, and no -parking zones near the Daily Grill. Staff reviewed the situation and is proposing minor modifications. Staff is making small changes and hopes for improvement of the situation, because they didn't want to do anything radical and make a bad situation worse. Staff is recommending extending the valet drop-off zone on El Paseo to allow for more room, because there are currently only two spaces, which was not sufficient. Additionally, staff will post the red curb sign and reinforce the red curb directly in front of the Daily Grill by installing "No Stopping" signs, which will be mounted at windshield height. Staff will also establish a patron pick-up and drop-off area on Ocotillo Drive, in what is now a right -turn pocket into the driveway for the Daily Grill building. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011 Mayor Pro Tern Spiegel asked if staff would revisit the matter if these remedies didn't work. Mr. Greenwood answered yes. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Establish a customer drop- off and pick-up zone on Ocotillo Drive adjacent to the Daily Grill; 2) maintain and expand the existing valet parking on El Paseo by eliminating two parking spaces; 3) Install "No Stopping" signs in the existing red -curb zone on El Paseo in front of the Daily Grill — funds in the estimated amount of $2,000 to perform this modification are available in Account No. 110-4250-433-2145 - Traffic Safety Supplies. Motion was seconded by Kroonen. Councilman Kroonen stated he appreciated the good work being done on this, because it was a troubling area to begin with. He said this was a positive step forward, and his only admonition would be to keep in mind the prospect of a new parking lot across the street from the Daily Grill where this issue will be looked at all over again, as there is additional traffic going south on Ocotillo, but good work today. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC (3) ZONE; EXTERIOR MODIFICATIONS AND A TOWER ELEMENT (AS PROVIDED FOR BY P.D.M.C. 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET LOCATED AT 72-280 HIGHWAY 111; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant) (Continued from the meetings of February 24, March 10, and April 14, 2011). 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 Assistant Planner Kevin Swartz stated staff provided a presentation to the City Council at the March 10, 2011, meeting. During the meeting there was discussion regarding the increase to the west tower element from 34 feet to 40 feet, and since that meeting, staff asked the Applicant to consider leaving the west tower at 34 feet. The Applicant said they would consider it, but had not made a decision yet. Staff originally brought forward this request to the City Council back in August 26, 2010. Since that date, staff has received 15 letters in opposition and 354 in favor of the project. Staff received a letter this morning from Attorney Robert A. Bernheimer challenging the Noise and Traffic Study. The consultant submitted a written response, which has been provided to the City Council and is present to answer any questions. He said the Applicant would like to make their presentation today and would like the opportunity to answer any additional questions after the public hearing comment is over. MR. JOSH ZIPPERMAN, Senior Associate of Burke Rix Communications stated he was present on behalf of his client Safeway/Vons. When the Applicant was before the City Council in August 2010, they discussed Vons need to relocate their store, and requested with support of staff, to remove Condition No. 10 of Resolution No. 91-5, which was adopted 20 years ago prohibiting grocery stores at Fred Waring Plaza (FWP). It was decided at the August meeting that in order to justify such a change, property diligence would need to be completed by the Applicant. It's been eight months since then and Vons has had a comprehensive Traffic Study, Noise Study, and Environmental Study performed. He said they've spoken with neighbors by conducting a town hall meeting and gathered more than 350 letters of support from tenants, residents, and the City's Five -Star Chamber of Commerce. He said the Applicant has worked closely with all levels of City staff and has been before the Architectural Review Commission (ARC) and Planning Commission and received approval from both. Altogether, the Applicant has followed Council's direction and has demonstrated that there is strong support for Vons relocation at Fred Waring Plaza (FWP). The Traffic Study, which was reviewed and approved by the City's Public Works Department revealed no significant impact to levels of service surrounding the streets, intersections, and internal traffic flow at FWP. The Noise Study performed identified mitigation measures that if employed, would result in less than significant impact on the surrounding area. Vons already committed to implementing these measures and have related this information to the satisfaction of neighbors directly behind FWP. The Environmental Study performed resulted in a Mitigated Negative Declaration that concluded there would be no adverse impacts from a new Vons store at Fred Waring Plaza. With all these studies showing no impacts and with the full support of the ARC and Planning Commission, Vons is requesting that Condition No. 10/Resolution No 91-5 be removed and allow Vons to relocate to Fred Waring Plaza. A recent letter submitted by Robert A. Bernheimer at the 111h hour, the Attorney who represents the landlord at Palms to Pines Center, entered unsubstantiated information intended to make a desperate 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 122 2011 and last age effort to stall the project and sway the Council's thinking. He said the Applicant humbly asked that the Council ignore the letter, the attempt to delay the project, and sway the Council's think in this matter. He said a new Vons store at FWP would bring tremendous benefits to the community, the vitality of that Center, and the fiscal health of the City of Palm Desert. MR. BRIAN BRAATEN, Vice President of Real Estate of the Vons Corporation stated his short presentation will include the proposal to redevelop 80,000 square feet, the vacant Mervyn's building, to accommodate Vons and create three smaller retail units. The presentation will reintroduce the project and then address the issues that have been brought up by the public, staff, and City Council at previous hearings and meetings. He said the intent for the relocation is to move to a larger store space with a location that combines sales from the store and the recently closed one in Rancho Mirage. The relocated Vons will provide a larger, product -typical footprint, that puts them at a level playing field with its peer competition. Competition such as the 58,000 square foot Albertsons located east of the current Vons on Highway 111. It is also interesting to note that this Albertsons shares similar site characteristic as the Mervyn's building in terms of parking, exposure, and surrounding residential. He displayed aerial photograph of the current Palms to Pines location, which depicted limited exposure of the store from the major arterial route. The Mervyn's project provides a relative unobscure view to Highway 111 and Fred Waring intersection. He said this shopping center provides great visibility from Highway 111, it is bonded by two signal -light intersections, it has national tenants such as Men's Wearhouse, Big 5 Sports, Ross, and The Alley, which will all benefit from Vons as an anchor. The approximate 80,000 square -feet box will be divided into four spaces with Vons taking up 57,000 square feet, leaving the balance to three marketable spaces from a location and size perspective. These additional tenants will serve to add incremental jobs and further sales tax revenue. He also displayed an interior fixture plan of the new Vons, which will benefit greatly from expanded departments, including a new Starbucks kiosk. Additional photographs from the two most recent store openings of the bakery, service sea food, produce department with special emphasis on local and organic produce, deli department showcasing the new salad bar, and floral department represented how the new proposed Vons will appear at FWP. He also showed images of how the Mervyn's building has presented itself for the past three years, which was a typical 80,000 square feet big box with little curb appeal to its massive blank walls. He displayed a blueprint plan as most recently presented and approved by City staff, ARC, and Planning Commission. He said those approvals, notwithstanding, with respect to Council's views expressed in March, they have elected to remove the tower element. The extensive exterior renovations will eliminate the big box feel by creating three distinctive storefronts with material and colors that harmonize with the desert landscape. He said the once ancillary entrance would now be transformed into two unique shop spaces with an 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 125 2011 abundance of curb appeal. In response to some of the issues raised with regard to the loading bay, they have elected to increase the length and height of the adjacent soundwall from a 50-feet long and 6-feet high to a 74-feet long and 14-feet high, representing an increase of more than 50% in square foot area. He displayed a photograph of the existing wall and how it will continue to exist if another user other than a grocery was to occupy the space in the future, because it would not require Planning or City Council approval. He said Vons will transform the unsightly Menryn's site with an extensive landscape plan using a desert floral pallette that must be reviewed and approved by City Landscape Manager. The buffer between the resident and the side parking area will be significantly improved. In summary, what was once a large concrete box at the cornerstone of the entrance to the City will become revitalized and architecturally pleasing. He said the Council asked them to complete an environmental review of the project and part of it was a Traffic Impact Study. He displayed a slide that illustrated the findings of that Study, which in laymen's term translated to all of the marginally impacted intersections fell in a level of service "D" or better rating as required by City Code. Moreover, any increases in wait times were insignificant and will be unnoticeable by motorist. Finally, the key intersection debated at the last City Council meeting, Highway 111 and Fred Waring, remains a "C" rating with only a 0.2 second change in wait time. The reason for that is because it has two dedicated left -turn lanes, two lanes going straight through, and two dedicated lanes turning right, which is in the process of being transformed into a straight away, right-hand turn on Highway 111 that will not be signalized. It will just go straight into its own lane, which will again change positively this rating. It was mentioned that the removal of the Vons pharmacy from Palms to Pines might unduly inconvenience surrounding residents, but he hoped the vast majority of which travel to the store by car will move with Vons to the new location. However, if not, there are three other significant pharmacy operators within a block of the existing facility, including Wallgreens and Rite Aid. He said it was true there are residential units near the Palms to Pines store, but equally important to point out is that immediately adjacent Waring Plaza is the One Quail place affordable housing development of 384 units that will greatly benefit from the relocation. He said through the construction of the new facility, they will be able to implement its corporate mandate to build a greener Safeway/Vons, whether it is their LEED program or project development use of recycled material, low energy lighting, zero ozone depletion refrigerants, drip irrigation, dimming sensors on lighting, zero energy frozen -food doors, or responsible waste management, Safeway sets the standard that other companies followed. Safeway employed more than 30,000 people in approximately 1,700 stores and fourth largest retail purchasers of renewable energy in the United States, which is something that should be near and dear to desert residents. Lastly, in response to the Palms to Pines location, he said Vons decision to relocate from existing location has been carefully considered and has been made. In order to maintain their standard of excellence as a Fortune 50 Company and member 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011 of the Palm Desert community, they will adhere to their legal obligation to use best efforts to backfill existing space with a like tenant user by using prudent, commercially accepted methods. In addition, Vons has offered to delay the plan to Fall 2011 closing, which was a year. It should be noted that while the store is currently open, when it closes that facility, Vons will be responsible to pay full rent, property taxes, and charges. Without a definitive moving date, Vons cannot attract serious tenant interest and commitment from any tenant for the Palms to Pines space. Vons has a significant incentive to find a tenant, which would be a much easier task in this 39,000 square feet space than an 80,000 square foot box, which has already seen years of vacancy and is seriously affecting the viable future of FWP. Overall the better location, increased size, refreshed retail space, and the enhanced visibility of FWP from Highway 111, will heighten the shopping experience for the community and increase the incremental sales tax revenue to the City by more than 40%. The new Vons store will help create jobs over and beyond what the current location could accommodate. He said following the support given to them by staff, ARC, and Planning Commission, they hoped today the Council will endorse their thoughtful and independent recommendations to approve this project. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DANIEL SAPARZADEH stated he represented ownership interestatthe Palms to Pines Shopping Center. He appealed to the City Council to consider the interest of many of the existing businesses at the Center. He said many of the small businesses have invested their life savings to stay open during this tough economy and are trying to survive. He said they were not asking the Council to deny Vons request, but assist with the transition where Vons can be replaced with another grocery store to benefit the City, Vons, and all tenants. MS. SABRINA MAXW ELL stated she represented a third party management for the owners/landlords of Palms to Pines and tenants of Palms to Pines. She said it's been a year that the tenants have been quite anxious and fearful due to perception of a bad economy, losing a major tenant, and poor economy affecting their lives. She said these are small business owners, family people, who will suffer in the event there will not be a new major store to replace Vons. She said they have experienced anxiety, concern, and their need to keep the current Vons open. She said neighborhood people who live behind the current Vons have expressed their concerns, because they will have to drive further, which will take more of their time. She said the Palms to Pines Coin Shop, Le Basil Restaurant, Tiramisu Restaurant, El Paseo Cleaners, and Happiness Nails are all small business people that will be affected by the Vons transition, including Chase Bank who recently signed an amendment; the amendment included their concern about the 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 potential vacating of Vons. She thought it was interesting that a major bank would go to the extreme of including it in their amendment. MR. ANDY WEIGEL, Managing Partner for Realty Trust Group, stated they owned the majority of the parcels that comprise Waring Plaza, but not a party to the parcel now owned by Safeway/Vons. After eight months of debates, politics, multiple hearings, delays, rhetoric, traffic and noise studies, etc., and it's all finished, the citizens will hear the decision of this City Council. The primary question that people not in attendance this evening will ask is, if this was simply a lateral move, a relocation of Vons with no long-term gain for the community or was this a tremendous step forward for the City as a whole. He believed it was a step forward, because the overall impact on the community was not neutral, but not without short-term effect on a few merchants. However, the move is overwhelmingly positive for the following reasons: 1) The importance of keeping Vons in the City long-term. When Vons was built three decades ago, the Palms to Pines Center served Vons and the community well, but times have changed. Today that Center is too small, outdated, and Vons will be closing. Therefore, the primary issue was not just keeping Vons open, but did the Council want to keep it in Palm Desert long-term; 2) the importance of improving the City's most visible and largest vacancy within the City. The primary visible entrance to the City has shifted west from where it used to be at El Paseo along Highway 111 to the Fred Waring area along Highway 111. Therefore, it is of great urgency that the Council allows for the redevelopment of the City's largest and most visible vacancy within the City; 3) he believed it was important to recognize the scale of the property. Waring Plaza sits on 20 acres and represents two dozen merchants whom the City Council has heard from in recent hearings. Palms to Palms west has six signatories on the opposition letter. He sympathized with the merchants because change was hard and never without consequence, but this long-term change was best for the community as a whole; 4) the importance of promoting redevelopment. He said Desert Crossing was a good example of the overall betterment for the entire community despite the temporary vacancy that was left behind. He recalled Waring Plaza when Circuit City left, which was eventually replaced by The Alley and Barnes & Noble was replaced with Big 5. In looking back, he didn't think he would have stood in the way of building Desert Crossing or improving the community. The relocation and expansion represented a catalyst for both Centers to move forward for the betterment of the whole community. He sympathized with a few shadow merchants who are impacted in the short-term, but a yes vote tonight meant yes to millions of dollars of capital improvement to the City's primary entrance along Highway 111, promotion of redevelopment as a whole within the City, keeping Vons in the City long-term, and yes to filling the City's largest big box vacancy with a Fortune 50 retailer. MS. MONICA McILROY stated she didn't represent anyone big other than she was a stay-at-home mom. She said she grew up in Palm Desert and 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 has been shopping at Vons with her mom since she was a child, and when she heard it was moving, she was ecstatic. As a mother of four small children, she needs more selection and more variety. She thought a Starbucks at the new one would be awesome making it easier to shop with her children. She looked forward to the change, even though she was not a fan of change. She said other changes the City had done haven't gone well, but this one was a step in the right direction. She noted that when she went to Chase Bank or Happiness Nails, she didn't always go into Vons. She believed she would continue to be supportive of those small businesses. MR. CHARLES TERRY, Helix Environmental Planning, stated he was present to answer any questions on the project. MR. JIM WATERS, Beavertail Lane, Palm Desert, stated he lived up Highway 74 in a modest community who shops at Vons and Albertsons. He liked the newer modern stores, stating Vons did a good job of outlining all the things he wanted as a tenant, but also agreed with the previous speaker that he will continue to go to Chase and some of the other stores at Palms to Pines Center. He asked what is the greatest good for the greater number of people, which he thought was to keep Vons within City borders to keep the jobs and sales tax and fulfill the need on the east end of Rancho Mirage that will come to Palm Desert to shop. MR. ROB BERNHEIMER stated he represented the owners at the Pines to Pines Center. He said he would explain their position, including the letter he submitted this date. He believed much of the discussion has been one or the other, but thought there was a lot in between that was not being discussed. He said the City was being asked to give complete discretionary approval to change a condition at the Mervyn's Center, but by doing so, it will hurt all the tenants and residents surrounding the Palms to Pines Center; he didn't think it had to be all or nothing question. He said if the City liked what Vons was proposing at the Mervyn's Center, it can have that, if the City had a transition plan agreed to by the parties in writing and binding to backfill Palms to Pines so problems currently at the Waring Center didn't become the problems at Palms to Pines Center. He said there was a way to get there, but not there yet, because he didn't think there's been a good effort by Vons to seriously come to the table and commit to a transition strategy that would be binding. In summary of the letter he submitted this morning, which he tried to prepare ahead of time, but he was working with Vons until late last week to come to an understanding, but when that fell apart, he took a hard look at the studies. The two most glaring holes he found were that the Traffic Study only measured traffic noise from a specific location. The study stated that traffic noise would only be analyzed from Parkview Drive, because no other street had residents in the immediate area of the proposed project, yet the whole area was residential, which is right next to the proposed project along Fred Waring Drive. He said Fred Waring Drive is identified as the greatest traffic for this area. Therefore, he didn't know how the traffic noise iu. 'fi PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 could be read from Parkview Drive, stating there was no homes along Fred Waring Drive, which made no sense. He believed an error was made and it needed to be corrected. He also challenged the Traffic Study statement that states, 171 percent of all traffic leaving Vons will leave through exits other than the Fred Waring entrance, which he disagreed. He said the traffic engineers have been artificially pushing vehicles out other exits, because if they loaded them onto Fred Waring Drive, there will be a problem. He said Fred Waring Drive, at certain times of the day, was already a level of service "D" could go to an "F." He said the traffic analysis was not a real analysis of what the impacts are, because a new tenant has been announced and the addition of the Red Lobster will add traffic to Fred Waring Drive, which wasn't considered in the traffic analysis. He said the Circuit City building is currently vacant, but when all of those buildings start to build up. He said the planning for traffic would have to be real, because if one ignored all the elements he mentioned and pushed everything to the top, an honest look was not being taken to the impacts of this intersection. It's great that Vons said it was a level of service "C," but it's only because a thorough look wasn't taken to what is really happening there. He believed these elements are fixable and can be addressed. He said a proper study, proper analysis, and proper mitigation measures based on real impacts, is the right way to go. He said his clients would like to see this matter denied or continued in order to have a transition strategy at Pines to Pines and have a real look at what will happen with traffic along Fred Waring Drive. He said staff mentioned there was a letter submitted by Vons responding to his letter, but he hadn't seen it. He said he would need to have a look at their letter, as part of the public hearing process, in order to adequately respond to it. MR. RAY HUERTA stated he represented Joe's Sushi Restaurant at the Fred Waring Plaza. He went into business at that location last year in hopes that Vons would move in, which was the strategy of his business. He understood and sympathized with the concerns of the business people at Palms to Pines. He said maybe there could be some kind of compromise with Vons to get marketing for them in the form of advertising. He said the project that Vons has initiated is long-term and beneficial for the community. He believed when the economy bounced back, Palms to Pines will stop hurting, because it was just a sign of the times. He asked the Council to vote in favor of the Vans relocation. MR. BRIAN LISTE stated he was an owner at Waring Plaza. He said he was there when Mervyn's went out and the business survived, but it was hard. He said they will continue to survive if Vons was not approved to relocate, but the empty Mervyn's and empty parking lot was an eyesore. He would like to see Vons go in there so they can recoup some of the business and be able to continue there for many years. He asked the Council to please approve the request. W PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011 MR. ALLEN SHORT stated he was not a resident of Palm Desert, but he and his wife owned a business at 72-210 Highway 111, Suite E5 at Waring Plaza. He said they are tenants of the Rent Group as well with 750 square feet and has been there since 1997. He said they have seen the ups and downs of the business, shopped at Vons and Albertsons, lived in Indio, but once in Palm Desert they remained in the City until they went home; therefore, he has eaten dinner at all the local restaurants. He said strategically Vons needed to be relocated, because it was about change, which will upset a lot of people. However, he has never heard anybody complain that traffic was a real bear and couldn't stand it, whether it was at Albertsons, Trader Joe's, or Vons. He agreed with the statement that 70% exited through Parkview Drive, because many are going back to Palm Desert or Rancho Mirage, which was purely his opinion. But from a business and financial perspective, the City will gain from 75 to 120 jobs, taxes, and a brand new building to the entrance of the City. He said it wasn't about his business, Terimasu, Joe's Taco Place, but about a strategic plan that was long-term for the community and future of Palm Desert. MS. DEBBIE NYMAN, Vons Assistant Manager at Palms to Pines, stated this was her first time before the Palm Desert City Council. She questioned the traffic flow, because she thought one could only turn right on Fred Waring Drive, and one could not make a left-hand turn there, and thought Toy's R Us was currently where there is a proposed "New Tenant." She went on to say she worked for Vons for eleven years, conducted grand openings, traveled all over for the company and happened to closed the small store in Rancho Mirage. She saw the heartbreak of the customers who would not have a market anymore. However, those customers are now at Palms to Pines, so she saw the relocation as a win -win situation for those customers at Rancho Mirage as well as Palm Desert. She said Vons was in the business of customer service and its competition was Albertsons, Stater Bros, and Ralphs. She said there is no other grocery business that has a customer service program like Vons. She said if one shopped at Vons, which she recognized the Council did, was sure they noticed that their customers always came first. She said whatever roadblocks encountered, whether it was signage, traffic, or upset tenant, Vons will resolve it because it was a huge corporation owned by Safeway. He said Vons had the power and knowledge to make any change where everyone's happy. MR. LAURI E BROWN stated she was a resident of Palm Desertand traveled the routes mentioned every day as she was a floral merchandiser. She disagreed with Mr. Bernheimer's dispute about the traffic, wasn't legitimate, because anyone who lived where she lived, which was closer to the College of the Desert, would definitely go out Parkview Drive. If one went out Fred Waring Drive, one would either make a right on Highway 111, up toward Rancho Mirage, or make a left and go back down toward Palm Desert. He said Vons studies seemed a lot more legitimate than fighting against it, because anyone that lived on the south side of Palm Desert will go through 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 the intersection signal lights, because it was a lot easier to get in and out. She said the Red Lobster location will have less traffic than the previous occupant, which was Banana's. The Toy's R Us location where the new tenant will be located has a couple of different ways to get in and out of there. She noted she worked for Vons and could verify they needed a bigger space. She said the Planning Department personnel addressed the fact that the former tenants at Pines to Pines Center had plans to put a tenant there, so it wasn't like they are just trying to walkaway from the situation. She said the new Vons will be beautiful and bring tax revenue to the City. As a parent, she knew how hard it was for her teenage son and his friends to find a job, which Vons would bring with the relocation. She hoped the Council will vote with a thumb up for Vons. MR. STEVE JENKINS, Consultant to the owner of Palms to Pines, stated there was a lot of discussion about traffic, but that wasn't the major issue. The major issue was the transition and what will happen at two different shopping centers in the City. He said there was obviously a problem at Mervyn's and one will be created at Palms to Pines, which everyone had acknowledged. He did want to talk about one simple element, because he was sure the consultant from Linscott was present this evening. He wanted to point out one thing and ask if they had different feeling about whether the traffic was adequately or appropriately analyzed. He said for north bound traffic coming up Highway 111 and turning right on Fred Waring Drive, there is a left -turn pocket that went into the Center. He said in Figure 7.2 of the Traffic Study, Fred Waring Drive and Highway 111 is designated Intersection No. 10. He would like for the engineers to answer how many vehicles, according to their study, will come up Highway 111, turn right and then turn left into Vons. He said the answer in the midday study is two, but at the peak evening hour it's zero, which he believed they missed the boat and made some mistakes. He said the graphic shown earlier showed a delta 5.2 seconds change at the Lakeview Avenue and .2 seconds at Fred Waring Drive right in front of the Center. He didn't know what the new study will show, but the Council couldn't reasonably assume the traffic study was even close when it stated zero vehicle will turn right and then turn left. He said it was a bad study. The issue is that the City will have a problem at the intersection, because the level of service is "C" in the midday and "D" at the current existing conditions. He said the Applicant claimed traffic will get better with time, because the City has a Capital Improvement Plan to install a free right -turn lane there as Vons pointed out, but it depended on future funding and will not impact what happens right now. He said there were so many issues with the Traffic Study that he didn't want to get into the technical ones, but if someone wanted to argue them, he was prepared to do so. He said the Council should consider the study statement of zero right turns, and if he's wrong, let them point it out. MR. BRENT SCHMIDMAN stated he was a resident of Palm Desert and business owner. He said it was very frustrating to come to these hearings 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 127 2011 to hear all of this, because he believed it was much simpler. He believed the real fact is that Vons is moving and it's everyone's responsibility to figure out how to keep them in the City. He said the Mervyn's Center is a viable location and it's currently an eyesore. He said that empty space kills business and big boxes are hard to sell, but Vons is willing to go in there. He said if you build it will come, which everyone knew. He said the City needed growth, to be inspired, tenants, customers, and everyone to move forward, because it created positive energy that will attract new businesses. He said all these things have been said over and over, but these last minute pitches to complicate things and convolute was ridiculous. The statement that the Red Lobster and new tenant will bring more traffic was not so, as those tenants were already there. The previous speaker talked about the left turn and right turn, etc., but yet there was never a problem when Mervyn's was there five years ago. He said Mervyn's was packed, but suddenly that particular spot is the big crux, which he disagreed. He said a lot of the many things brought up need to be discussed, but they are petty and not the key or real result of how the Council should be voting on this. He was at the Center every single day, and he traveled down Fred Waring Drive, pulled into the Waring Plaza and parked. He worked, and when he left, he passed by The Alley and exited out Parkview Drive, just like the gentleman said one wouldn't do, yet everyone did. He said the most important thing here was how to keep the City thriving. He asked the City Council to please vote yes to the relocation. He then went on to cover some of the same comments as previous speakers and concluded with asking the Council if not Vons than who. MR. BRIAN BRAATEN stated they did have some discussion with the landlord and will continue, but a position that was offered was totally unacceptable. He suggested this was not the format or what City Council should be doing as entering in as mediators or arbitrators to these negotiations. He said Vons had a lease and acted responsibly. He said they wouldn't be a Fortune 50 Company if it went around this nation acting in irresponsible manners. He said Vons had 70 employees that will grow to 120 and Vons had to be responsible to them. He said Mr. Bernheimer submitted a letter one minute to midnight today. He said he had very little time to race around, as he was trying to prepare a presentation for this evening, and he provided a letter to the City Council with plenty of notice, which he believes was Monday or Tuesday. He said Mr. Bernheimer expressed his subjective opinion as he is a lawyer who represents a client. He is doing what he is paid to do; however, Vons went through due process and did everything the City Council requested. Vons hired the third -party experts and had them prepare all of the studies. He said the CEQA Mitigated Negative Declaration was approved by City staff and Planning Commission in December, so why at 10:00 a.m. this morning, seeing the study was an enlightenment, when it's been around for four months. He respected Mr. Bernheimer's opinion just like he respected all the speakers, but he is a public member who is being paid to speak and has a position. He 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 said Vons will continue to work with them notwithstanding, but the right thing needed to be done here. They responded quickly and threw something together, but it was like having evidence introduced into a trial at the last second, which Mr. Bernheimer would understand that the defense hasn't seen. So, for Mr. Bernheimer to stand here today and suggest they hadn't seen Vons response and needed time to analyze it. He said that just didn't sound right considering when his position was put forward. In any case, all of that aside, Vons has made significant concessions, they are willing to hold on and stay at Palms to Pines, but they can't stay there for five, four, or three years as suggested by them, but will remain for another full year and do all of the things commercially accepted. He said if anyone could get it accomplished, it was Vons, because it was one of the largest retail units in all of North America and had the infrastructure to deal with situations like this, because they did it every day. Mayor Pro Tern Spiegel stated he understood Vons renewed its lease to the Palms to Pines Center for five years and will be paying rent on it for five years. MR. BRAATEN answered yes, stating Vons has control of the premises until 2036 through rolling options, which gives Vons a great ability to lease. He said one of the most difficult things is re -leasing space, if you can't provide adequate terms, because no one wants to sign up a business whether it is whatever or five years. Mayor Pro Tern Spiegel asked what was Vons going to do to get Palms to Pines leased. MR. BRAATEN said there were several things that could be done. In the best interest of the community and Vons, they plan to leave the premises as is. They do not plan to go in there and gut the building, because obviously Vons has trade fixtures that are personal to the company, but it may provide them better flexibility, in terms what they can do with a grocery tenant. He said Vons has been talking to potential tenants for the past six months, but they want a definitive date; otherwise, they will tell Vons to return when they can actually hand over the premises. He said these were national or regional tenants that have a business and need to have answers to questions Vons couldn't provide. He said Vons had a liquor license and another one in Rancho Mirage, which are not easy to get, but they had two. He said Vons only needed one, which may help to facilitate a tenant. He said Vons will do all of the things it will need to do to lease the space. Typically spaces like this one is done very high end, but there is a short list of tenants and brokers that one systematically dealt with either individually or all at the same time. He said people just didn't pop out of the woodwork to lease 39,000 square foot spaces, at least someone that was viable. Vons having 50 or 100 stores knew who to call, because they did it all the time. And they did it all the time, 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 because they've had to close stores to do exactly the things it was trying to do now, moving from 20,000 to 30,000, to 35,000 square foot locations. Mr. Erwin requested that prior to the Mayor closing the public hearing, he would like to comment on Mr. Bernheimer's letter, stating he received a letter from Helix Environmental Planning and Linscott, Law & Greenspan. He said Mr. Bernheimer raised some points that may or may not be valid, but for the record in CEQA, the City needed something more than a disagreement with them. His suggestion to the Council is for the hearing to be continued for two weeks allowing the consultants to respond in more detail to Mr. Bernheimer letter with something other than just a disagreement. MR. BRAATEN said it was absolutely unfair. He said Vons had been dealing with this for more than a year, held a $12 million dollar property holding vacant, and asked by City Council to go through the CEQA process. There are no unresolved issues. He asked if that meant that the next time Vons showed up before the City Council, it could be anyone else giving a subjective opinion, because it didn't have to be Mr. Bernheimer giving it. He said Vons had its experts deal with the situation, gone through the City's process, and its been approved. He said the Mitigated Negative Declaration has been approved. Mr. Erwin stated not by this Council, which is the body that does approve it. MR. BRAATEN stated he understood, but assumed they took the thoughtful consideration of their staff and Planning Commission, which they are charged with doing. Mr. Erwin explained that the City Council didn't have to follow his recommendation. Councilmember Finerty stated the public hearing was closed. Mr. Erwin clarified the public hearing was still open. He said he asked the Mayor to leave it open, because he was suggesting it to be continued. Councilmember Finerty asked if the rebuttal period was over. Mr. Erwin answered yes. MR. JOHN CRISTE, Terra Nova, Planning and Research, Melanie Place, Palm Desert, stated he was working with Vons and the consulting team. He said the Traffic Study had been out there since the beginning of the year and this was an 11 th hour "monkey wrench," and with all due respect to his good friend and Attorney whom he respects City Attorney Dave Erwin, he believed this was a matter that could be resolved if the Traffic Engineers and Noise Engineers would like to point by point address the issues. He said everyone 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 can review to see if this is accurate or not and come to a conclusion. It's, of course, Vons call to see if they would like to press the matter for a decision tonight, but at least we should give those technical people who are being challenged and have the wherewithal to answer questions, if that is the wish of the Applicant. Councilmember Finerty asked the Mayor if she was going to close the public hearing. Mayor Benson asked the City Attorney if he wished to have the public hearing open or vote on the project. Mr. Erwin answered that was his recommendation. Mayor Pro Tern Spiegel asked if the Council had to vote to continue it. Mr. Erwin answered yes. MS. LAURA NESTER stated she has been a resident of Palm Desert for 38 years and has watched it grow. She said she loved the City, proud of the new pool and happy about it, and was pro the Vons moving as she worked for Professional Weight Control Centers in the Waring Plaza Center. She said they have been waiting for a long time for something to happen with the ugly vacant building. She said all of the neighboring tenants have moved out, it was a ghost town, and the building was an eyesore for the City. She said the City needed progress and to move forward with the plan proposed. She understood and sympathized with the tenants at Palms to Pines, but she would love to have Vons come to Waring Plaza to revitalize the area, because it was a wonderful place. She said there was an Outback Steakhouse there with the opportunity for growth. She understood all the bickering going back and forth, but agreed this matter had gone on too long, costing both sides more money and effort to battle this out. She encouraged each of the Councilmembers to consider the situation seriously and make a decision for Palm Desert. She said everyone needed to be pro -growth and pro -development and believed the City could have two businesses growing at the same time. She agreed another business can come into Palms to Pines and have a brand-new Vons at Waring Plaza. She has been working at Waring Plaza for two years and had not experienced any problem with the traffic flow there. She believed the Vons relocation will be a win -win situation for the City, residents, and Palm Desert. She encouraged the City Council to vote yes on this proposal. Mayor Benson asked Mr. Erwin if she could close the public hearing and have the Council discuss the matter, because she thought there were other issues as well, and then take his suggestion under consideration. Mr. Erwin said certainly. 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 With no further testimony offered, Mayor Benson declared the public hearing closed. Councilmember Finerty stated she agreed with many of the speakers. She heard the word that it would be progress, the area needs to be revitalized, which was all positive. However, the step forward for the Mervyn's Center would be a step back for the Palms to Pines Center. Also, the testimony, "the greatest good for the greatest number of people." Well, the Council had to look at what would be best for the entire City of Palm Desert, which would be to have two thriving centers and not trade one eyesore for another. She didn't know if the Traffic Study took into account the Red Lobster and new tenant at Toy's R Us when it was prepared, which would be one of her concerns. The other issue pointed out by Mr. Bernheimer is the rather unusual exit out of the Center. When she left that Center, because she did have her nails done there, she went out the Fred Waring Drive exit; she was one of the 29% that would exit from there. The big concern here, because the City had a General Plan to follow that states it will not go below a level of service "D" when it comes to traffic, it was conceivable the subject intersection could go to a level of service "F," if the traffic analysis was not done properly, which would go against the General Plan. She knew Vons has been through a lot and appreciated the letter from Vons and willingness to delay moving out by a year and in helping to find another tenant, because she still believed that all the residents south of Highway 111 needed somewhere to shop that was near to walk. It would be similar to One Quail Place with the relocation helping them. But as the City Attorney recommended, even though most would be disappointed, the Council needed to follow due diligence with CEQA law to make sure it got it right. If there are existing issues in the traffic analysis, and she understood the letter from Mr. Bernheimer's came at the 111h hour, but whenever they came, unfortunately, the Council receives stacks of letters for both sides, which was the normal way it happened. She understood both sides felt passionate about this matter, nevertheless, the Council needed to follow the General Plan and make certain that the proper CEQA provisions have been followed in order to iron out the traffic analysis. She was appreciative of Vons willingness to eliminate the tower, but will also be looking for in Vons continued negotiations, a further commitment to finding that other tenant. Councilman Kroonen stated he wanted very much to support this action, but there are a couple of things that remained in the way and have already been outlined. One of them is the challenge to the CEQA situation, and the Council had no choice but to follow the advice of the City Attorney, which will take a little bit more time to review. The other one is that he remained concerned about the backfill issue and disappointed the Council had not been presented with some sort of neutral endorsed plan signed off by Vons and current ownership. He hoped a couple of weeks will provide an opportunity to come up with some document like that, which will guarantee that there is a solid backfill plan. He also wants to be sure, going back to 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 point number one, that the City was not in legal jeopardy, which they had a responsibility to ensure, whether anyone liked it or not, to follow all appropriate legal perimeters. Councilmember Harnik stated her thoughts were somewhat similar to Councilman Kroonen to support this project, but if the City was not adhering to CEQA guidelines, the City will wind up with delay after delay. She said if the Council took two weeks to make sure the City was satisfying those guidelines, then the promise or threat of a CEQA challenge then can go away. She said it appeared to be a wonderful and exciting project. She believed the relocation was progress; however, anytime there is change, not everyone is going to be happy. She said it was imperative the City came to an agreement with CEQA or it will wind up being a tremendous roadblock. She said the City needed to go back and review to make sure the traffic studies are correct, but for her, the Red Lobster and new tenant going in were not an issue, because those buildings had businesses before. She said Mervyn's was a very viable and busy store, so those were not issues. She said if the CEQA issue isn't satisfied, it can delay this for years. She said if everyone can come together in two weeks to take care of this, it would be the best thing for the community. Mayor Pro Tern Spiegel stated he met with the people from Vons and the people who owned the Center that they're in now. He was requested by Mr. Bernheimer that if they would delay the move by two years, they would go along with it. Now he has come up with a letter suggesting it can be done this way, which he thought was baloney. He said when Mervyn's opened, Fred Waring Drive was two lanes, one in each direction; now it's six lanes. He said there will be traffic in season no matter what went in that building, and the other alternative was to tear it down. He said something needed to go into that building now, because it was for the greater good. He said the Council received more than 400 letters from people who said they wanted it now and 15 people in opposition to the relocation. He reiterated the greatest good was for Vons to move and have the project approved this evening. Mayor Benson said she was glad Mayor Pro Tern Spiegel mentioned the 400 people that sent letters approving the project, but it amazed her that once she started counting them, over half stated they lived in Cathedral City, Bermuda Dunes, La Quinta, Indio, etc. Whoever started that letter, it would have been far better, if they are in public relations, to say they are a Vons shopper and not a Palm Desert resident, because the City didn't receive any taxes out of the people in Cathedral City or other areas represented in the letters. She said they basically meant nothing and go in the garbage. She believed Vons probably needed a bigger store to compete with other big store in the City, but was not convinced it needed to trade one shopping center for another. What amazed her is the City put a Negative Declaration on this with the traffic, because when that condition was put in there, traffic was a concern then with the egress and ingress into the shopping center was 27 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011 not the best. Certainly traffic has improved a great deal since that condition was placed there years ago. She believed there was still work to be done on the project. It's been delayed, and unfortunately, it can be delayed again. She said if Vons was staying at Palms to Pines another year, there was time to delay. She would like some kind of an agreement that the store is not vacated until a suitable grocery store of some type is in there, because the Council owed its decision to all of Palm Desert. She said there are a lot of people in the Sandpiper and on up the hill from there where there are a lot of rental properties that shop at Vons. She said it will leave a big void in that side of town for a store. It is unfortunate that Vons closed the Rancho Mirage store and bought the Mervyn's building without doing their due diligence in checking whether a grocery store could go there or not, which didn't show them very much on their corporate realty to allow them to do that, but that's their problem. She was in favor of the delay to get this matter sorted out. Councilmember Finerty moved to, by Minute Motion, continue this item to the meeting of May 26, 2011, in order to resolve the CEQA issues with regards to traffic and come up with a solid backfill plan. Motion was seconded by Benson and carried by a 4-1 vote, with Spiegel voting NO. Mayor Benson called a five minute recess at 5:50 p.m. and reconvened the meeting at 5:55 p.m. B. REQUEST FOR APPROVAL OF THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE HOUSING ELEMENT UPDATE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND UPDATE OF THE HOUSING ELEMENT OF THE CITY OF PALM DESERT GENERAL PLAN Case No. GPA 11-089 (City of Palm Desert, Applicant). Councilmember Finerty asked if the Council was required to have a presentation since this matter had been discussed for years, because she knew what the issues and law were that she didn't need a presentation. Mayor Benson declared the public hearing open and invited anyone who wished to come forward to speak on the subject to do so at this time. MR. DARYL MOORE, Representative of Key Largo Square, L.P., First Street Financial Center, L.P. & Lomitas, L.P. (Collectively the "Owners") stated the Council had probably received the last-minute memo that came out of the project. In the memo they expressed zoning concerns, in particular, that the zoning would be aligned with the General Plan if adopted. The concerns were based on the belief that the area was not going to be done, but heard in the Housing Element Study Session that it will be done; therefore, they no longer had that concern. However, they did have a concern about how the zoning applies on their parcel, which is located at the northwest edge of the We PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 City, which is outlined in purple of the map used in the Study Session. He said the map showed dark areas that are supposed to be affordable units, but not literally supposed to be there. What's shown is not an actual plan, the City is just saying that somewhere in that parcel, which happens to be 74 acres, is where the affordable units are designated. Through the years, going back to former Planning Director Phil Drell, various locations were discussed with staff about where those units might go, but it's never really been fixed. He said if the City is going to align the zoning to the General Plan, it should be done in some fashion. He said they had the flexibility to locate those things in the optimum position, but at this point, they had no idea where they will go. Based on their research in the Palm Desert Municipal Code, the PCD overlay was the best solution, because it allows for planned developments and flexibility to put the units where they need to go. It also appears to allow them to include any uses considered for that site. The problem is, when reading the Palm Desert Zoning Ordinance, PCD is time limited to two years, and if you turn in a Master Plan associated with it and don't implement within two years, then the PCD is canceled. What they recommend in the letter is for PCD to be applied until 2014. The next issue is the Negative Declaration. Since the affordable units can be located anywhere in the 74 acres, they believe the Negative Declaration of approval should be applicable to the entire site. He said the developer should not be required to do studies, if the studies would be explicitly or implicitly covered by the negative declaration. Additionally, what is the effect of this housing element change. Clearly it would satisfy a bureaucrat in Sacramento, but it will not reap any units built in the City. The Council had to recognize that it has given rehabilitation a priority over building new units. The new units have a disadvantage of approximately $20,000 per unit, and if the City doesn't fund the units, the units will not get built. The City had set -a -side funds and everyone knew that affordable apartments didn't create a cash flow, so there was no way to service a debt unless there are tax incentives and contributions from governmental agencies. As stated in the letter, they are ready, willing, and able to negotiate an affordable project at this site, if anyone wanted to sit down with them. They have actually gone over some site plans with staff who are reasonably in sync with what they want to do. He heard someone make the comment that the City had no obligation to make big profits for developers, yet he can assure that no one would be making any big profit in this affordable project. In fact, it would be a miracle if it ever got built. He said they have been working on this for a long time, he once heard 280 units, 288 units, and now it was up to 432 units with no way to get there. He said 432 units took up about 22.5 acres, which was basically a third of the site. He understood that the way the Housing Element was put together, more units have been designated than the City even needed. He would ask that the City look at reducing their lot from 432 to 280 units or even eliminate it. He said they are happy and want to build the units, but unless the City can provide the funding, there is basically no way to do it. 9E 1 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 MS. SUSAN HARVEY, Palm Desert, CA, stated she was present on behalf of a property owner at the corner of Portola Avenue and Dinah Shore Drive. Her question was on the increase in density and what the affordable factor was for the property. The property owner is confused that if they wanted to do a multi -family project on the property, which is currently zoned with the high density overlay on it, and they want to build a market -rate project, would they have to go out and replace the number of affordable units. MS. NICOLE CRISTE, Housing Element Consultant with Terra Nova Planning and Research, stated that as discussed previously at the Study Session, the City did not have an obligation to approve any type of project on any of the sites. She said the sites are identified where those units could occur. If the City were to approve a non -affordable project on one of the outlined sites, the City will ultimately have to amend the Housing Element to identify another site to make up for any units that were not built upon that project site. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilmember Finerty stated she's been an obstacle of the Housing Element and will never agree with the Housing Plan, Regional Housing Needs Allocation (RHNA), Southern California Association of Governments (SCAG) numbers, not taking into effect the economy, telling the City it needed so many units, and the need to go vertical to put them all in. But she knew what the laws are, so she will reluctantly move for approval only for the sake of the law, because as a Councilmember, she needed to be accountable in that respect. She will continue to fight high density in such areas, because 20 units per acre was really scary. She stated she would move to approve reluctantly to put this matter to bed. Councilmember Finerty moved to, by Minute Motion, waive further reading and adopt Resolution No. 2011 - 34, approving the findings, adopting a Negative Declaration, and approving General Plan Amendment 11-089. Motion was seconded by Kroonen and carried by a 5-0 vote. Mayor Benson thanked Ms. Criste for all her hard work and hopefully it will put this matter to bed. C. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS AND THE ONE-YEAR ACTION PLAN. Mayor Benson declared the public hearing open and invited anyone who wished to come forward to speak on the subject to do so at this time. With no testimony offered, she declared the public hearing closed. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2011-2012 Community Development Block Grant (CDBG) funding recommendations as proposed; 2) approve FY 2011-2012 CDBG One-year Action Plan; 3) authorize the City Manager to sign CDBG One-year Action Plan Certifications; 4) authorize staff to submit the CDBG One-year Action Plan to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Finerty and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of April 20 - May 3, 2011. Rec: Receive and file. With City Council concurrence, the report was received and filed. 2. Aquatic Center Grand Opening - Mr. Wohlmuth reported the tile had arrived and was being installed. He said the June 11, 2011, grand opening was still real; once the tile is in, the plastering will follow and then the water will be added to the pool. He said there will be a couple of weeks of a soft opening. Along the same lines, staff is working on getting the furnishing for the deck that includes chairs, lounge chairs, and tables for the food area. One of the items that is above his purchasing power is the recycling and trash receptacles. He asked the City Council to consider adding this item to the City Council agenda for discussion. Mayor Pro Tern Spiegel moved to, by Minute Motion, add Consideration of Award of Purchase Contract to Forms and Surfaces for Trash/Recycle Receptacles for the Palm Desert Aquatic Center to the City Council agenda. Motion was seconded by Finerty and carried by a 5-0 vote. 3. Consideration of Award of Purchase Contract to Forms and Surfaces for Trash/Recycle Receptacles for the Palm Desert Aquatic Center. Councilmember Finerty moved to, by Minute Motion: 1) Approve sole source purchase of trash/recycle receptacles; 2) award purchase contract to Forms and Surfaces; 3) authorize the appropriation and expenditure of funds in the amount of $35,527.50 from the Recycle Fund - Account No. 236-4195-454-3090. Motion was seconded by Spiegel and carried by a 5-0 vote. 31 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011 B. CITY ATTORNEY Senate Bill 444 - Mr. Erwin asked the City Council to consider adding to the City Council agenda consideration of Senate Bill 444, which deals with mobile home parks. Mayor Pro Tern Spiegel moved to, Senate Bill 444 to the City Council agenda. by a 5-0 vote. by Minute Motion, adding Consideration of Motion was seconded by Finerty and carried Mr. Erwin stated the City Council had been provided with a memo from the attorneys who are representing the other side in the mobile home park issue with Indian Springs. He said if Senate Bill 444 is passed, it would have eliminated that litigation, which Council will recall went on for several years and was drawn out. The Council believed it was right at the time and would have been if this legislation was in effect. He asked the City Council to authorize the Mayor to execute a letter to be sent out to local representatives supporting this legislation. He asked that Councilmembers consider calling local representatives, particularly Senator Emmerson in gaining his support. He said Senator Emmerson supported this legislation in the past and apparently is being reported as someone on the fence. Mayor Pro Tern Spiegel moved to, by Minute Motion, authorize the Mayor to execute a letter of support for Senate Bill 444 to be sent to local representatives. Motion was seconded by Finerty and carried by a 5-0 vote. Mayor Benson asked Councilmember Harnik to call Senator Emmerson since she seemed to know him better. Councilmember Harnik agreed to give him a call. C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None 32 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 129 2011 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: Southern California Association of Governments (SCAG) Conference & General Assembly - Councilmember Harnik stated the Conference theme was "Getting Back to Golden Jobs, Transportation, and Sustainability in Southern California." She said the Conference was full of information and wonderful to see all the cities and counties working together. She thanked the Council for appointing her as the City's delegate. o City Council Comments: None o Suggested Items for Future City Council Meeting Agendas None XIX. ADJOURNMENT Upon a motion by Finerty, second by Spiegel, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 6:13 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JEAN M. BENSON, MAYOR 33