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HomeMy WebLinkAboutPrelim - CC - 09/12/2013 DRAFT �- � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:07 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Robert A. Spiegel Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Jan C. Harnik Also Present: John M. Wohlmuth, City Manager Carlos Campos, Assistant City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Harnik, Ms. Klassen confirmed that the agendas for today's City Council, Successor Agency, and Housing Authority Meetings had all been posted in accordance with the Ralph M. Brown Act. 111. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 72-990 Highway 111 (APN 640-140-019); Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 2) Property: APN 640-140-017 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert Property Owner: Rita Spiegel/Palm Desert Partners Under Negotiation: x Price x Terms of Payment B. 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 Harnik adjourned the meeting to Closed Session at 3:08 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REP�RT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Mayor Pro Tem Jean M. Benson VII. INVOCATION - Councilman Van G. Tanner Following the Invocation, the Palm Desert High School Marching Aztecs Band perFormed the National Anthem. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 With City Council concurrence, Mayor Harnik suspended the agenda at this point and took up Section IX - Awards, Presentations, and Appointments. Following consideration of Items A - D there, she resumed the agenda with Oral Communications - B. VII1. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, SEPTEMBER 12, 2013, AS "THOMAS J. McDERMOTT DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the proclamation to Mr. McDermott and congratulated him for his numerous laudable accomplishments. Mr. McDermott graciously accepted the honor and said of all the places he's practiced law, he was most privileged to do so in the City of Palm Desert. B. PRESENTATION OF PROCLAMATION DECLARING THE PALM DESERT HIGH SCHOOL BANDS AS THE OFFICIAL CITY BANDS OF THE CITY OF PALM DESERT. Mayor Harnik thanked the Palm Desert High School Marching Aztecs for performing the National Anthem here today, which was very moving and a real treat to have all the students in attendance. Then on behalf of the City Council, she presented the proclamation to Palm Desert High School Principal Robert Hicks and Band Director Guy Lake. Mr. Hicks and Mr. Lake expressed sincere appreciation for the recognition of the Instrumental Music Program, for the City's ever-present support of the High School overall, and for the support of the Palm Desert High School Foundation, of which President Elaine Eldred and Foundation Director Jim deBoom were in attendance today. Upon request, the Marching Aztecs then provided an encore performance of a pep-band favorite tune. C. INTRODUCTION OF NEW COVE COMMUNITIES' FORENSIC TECHNICIAN JILLIAN FRISBY. Lieutenant Bill Sullivan noted that since the State's passage of AB 109 - Realignment-and thousands of criminals being released from State Prisons onto the streets, the Police/Sheriff's Department knew it had to be proactive about property crimes. He reported that currently, theft crimes are down 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 10%, and the solvability factor is almost 35%. This can be directly attributed to the Cove Communities' (Palm Desert, Rancho Mirage, Indian Wells) approval of a dedicated Forensic Technician to work on theft-related crimes locally instead of waiting for a Technician from the west side of the County, if one was even available. He said Ms. Frisby has already solved two major burglaries and is doing a wonderFul job. Forensic Technician Frisby greeted Councilmembers and said she was very pleased to be serving the community in this manner. She offered to answer questions. Mayor Harnik and Council welcomed and thanked her for her good work, wishing her continued success. Mayor Harnik added that she greeted Ms. Frisby on her first day on the job here and got to see the van full of very impressive advanced equipment that she uses to perform her investigations. She was pleased about the valuable help Palm Desert and the fellow Cove Communities were receiving in this venture. D. PRESENTATION TO THE CITY COUNCIL BY THE COACHELLA VALLEY WATER DISTRICT REGARDING CHROMIUM-6. MR. JIM BARRETT, General Manager, Coachella Valley Water District (CVWD), noted that he appeared before the Council recently to speak about an issue concerning the water in the Valley's aquifer. He said, ironically, today they were here again to speak about water in the aquifer, and a pending proposal by the State of California to deem it unfit for further human consumption without significant treatment. He said Steve Bigley, their Director of Environmental Services and Water Quality, has been very involved in this initiative with other agencies — the American Water Works Association and the Association of California Water Agencies - and is here today to speak to the technical aspects of what their District believes is about to happen regarding regulation of chromium-6. Additionally, he said CVWD has scheduled a public presentation on this issue Monday, October 7, 6:00 p.m. at their Palm Desert Office on East Hovley Lane. He said the State will close public comments on the draft proposal on Friday, October 11. The State is conducting two meetings for this purpose—one in Sacramento, one in Los Angeles-and CVWD is trying hard to have them come to the Coachella Valley, since it seems to have one-third of the water wells in the State that will be impacted by this determination. He introduced Mr. Bigley. MR. STEVE BIGLEY, CVWD Directorof Environmental Services and Water Quality, reviewed a detailed PowerPoint presentation regarding chromium-6 in drinking water, which had been provided to the City Council in advance of today's meeting and is now on file and of record in the City Clerk's Office. He highlighted that chromium-6 occurs naturally in the Coachella Valley, related to the fault system and is seen all along it - Apple Valley, Victor 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 Valley, all the way up to Davis, and Twentynine Palms. Sediments next to the faults are formed and have higher levels of the element, and they can dissolve into the water, just like calcium, fluoride, and other naturally occurring elements, in very minute levels. He said the average is approximately 10 parts per billion; in the Coachella Valley it ranges up to 20 parts per billion. He referred to a color map in the presentation, illustrating concentrations of chromium-6 from blue (no presence) to yellow/orange (higher concentrations) and pointed to location of the groundwater replenishment facilities in the windmill area in the northwest part of the Valley, where water recharging has been occurring for 40 years and where there is a non-detectable level of chromium. He said Colorado River water that feeds the replenishment ponds contains no chromium,and that is clearly beneficial. He added that CVWD has a lot of experience with chromium-6, being one of a handful of water agencies in the entire United States that is already removing it from the water. Approximately 10 years ago when the arsenic rule was lowered, CVWD installed treatment facilities to remove both arsenic and chromium at a cost of about$5.3 million. They've been testing other technologies as part of a nationally supported research project, but they're all still very expensive. The State has considered regulation of chromium anywhere from 1 part per billion up to 20 parts per billion, compared to the current standard of 50 parts per billion; and they've proposed 10 parts per billion. That meant over half of the waterwould need to be treated to meet that level — roughly around $225 million of capital infrastructure would be required — the largest such project the District has ever faced, and adding approximately $500/customer per year to the rates to pay for those facilities, operate, and maintain them. Therefore, CVWD was completing its research, has a source of supply study that looks at both groundwater treatment but also direct treatment of Colorado River water for direct use instead of putting it into the ground. He referred to a photo of the District's typical small well site and pump house, which aren't large enough to house a treatment plant and pose a considerable challenge for installing large treatment facilities. Therefore,they are considering consolidating flows from multiple wells to build a large treatment plant, purchase some vacant property for installing a facility; pipelines would need to be installed to get the untreated water to the facility, then it would enter the existing distribution system. They'll be evaluating different funding options, conducting public outreach depending on the State's action, then eventually developing an implementation and compliance plan. They're trying to get the word out as much as possible-meeting with City Councils, meeting with local legislators, conducting the public workshop on October 7. He said they continue to study all the aspects, the science, they're seeing some concerns about the proposed rule, as it appears that the State has significantly underestimated the cost for treatment, and CVWD will be submitting comments by October 11 and testifying at the hearing in Los Angeles. He encouraged the public to attend their workshop, submit comments to the State themselves in this 45-day comment period before adoption of the new standard if they're 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 worried about the affordability of their water. The State will review the comments, prepare responses, and they may prepare a revised standard, if warranted. He added that the State was sued by environmental groups for not having a standard in place by now; so in this case, the court could determine a deadline for when the final rule has to be released, and it was possible this one could be accelerated to less than a year's time. He assured all that they were working very hard to be proactive in the process but were still very concerned about it and, if adopted, be compliant with the rule. He said in this case under State Law, the rule would become effective immediately upon signing; there was no time provided to build the facilities and come into compliance. In answerto question, Mr. Bigley reconfirmed that if the rule was adopted as proposed, it would mean a $500 increase per customer per year to their water bill, and he said they already have some good numbers to support that figure because they've already been treating the water for chromium-6 in a small portion of their area. Further responding, he said Colorado Riverwater complies with all drinking water standards; it only requires filtration and disinfection, and that currently occurs for microorganisms naturally by filtering it through hundreds of feet of low sand filtration. So rather than putting the water in the ground, the District could run it through a surface water treatment plant, like many other big cities throughout the U. S. that get their water from lakes, streams, and rivers. But that's expensive too, requiring construction of infrastructure to deliver that water to their existing infrastructure, and they'd looked at it when the arsenic rule went into effect, but it didn't make sense at that time. In the current situation, it could. Responding to question aboutthe amount of Colorado Riverwaterthat could be brought to the Valley, he said there were lirnits. However, CVWD has been working very hard to establish firm rights to an adequate amount of Colorado River water, meaning water would be available for distribution to residents, and it is part of their water management plan to meet the future demands of this community. Councilmembers thanked the CVWD representatives fortheir presentation. Mayor Harnik additionally encouraged the public to go on CVWD's website to take the tour to get a better understanding of their operation. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 22; 2013. Rec: Approve as presented. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 38, 39, 43, 47, 48, 50, 54, 55, 58, and 60. Rec: Approve as presented. C. REQUEST FOR DECLARATION of Surplus Property and for Authorization of its Disposal — Miscellaneous Computer and Electronic Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit"A" as surplus and authorize disposal as appropriate. D. REQUEST FOR ACCEPTANCE OF BID from Dove Printing for Printing of the 2014 City Calendar in the Amount of$12,331.44. Rec: By Minute Motion: 1)Accept the bid from Dove Printing, Palm Desert, California, for printing of the City's Annual Calendar for 2014 in the amount of$12,331.44; 2)authorize the Mayorto execute acceptance of said bid —funds are available in the 2013-2014 Marketing Budget, Account No. 110-4417-414-3091. E. REQUEST FOR AUTHORIZATION to Purchase a Bobcat S70 Skid Steer Loaderwith 48-inch Angle Broom Attachment from Inland Bobcat, Inc., in an Amount Not to Exceed $28,381.96. Rec: By Minute Motion: 1) Approve the purchase of a Bobcat S70 Skid Steer Loader with 48-inch angle broom attachment from Inland Bobcat, Inc., Riverside, California, in an amount not to exceed $28,381.96;2)appropriate$28,381.96 from Unobligated Fund 530 to Account No. 530-4195-415-4030- Fleet Equipment Replacement for this purpose. F. REQUEST FOR AUTHORIZATION to Award Annual Contract to Wurm's Janitorial Services, Inc., for Monthly Janitorial Service at the Palm Desert Police Substation, 73-520 Fred Waring Drive, in the Amount of$13;356.84 (Contract No. C33050). Rec: By Minute Motion, authorize award of the subject contract to Wurm's Janitorial Services, Inc., Corona, California, in the amount of $13,356.84 annually for monthly janitorial service at the Palm Desert Police Substation, 73-520 Fred Waring Drive—funds are available in Account No. 510-4195-495-3695. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 G. REQUEST FOR AUTHORIZATION to Reject Proposal for City Facilities Fire and Security Alarm Monitoring and Authorize Staff to Re-advertise Same (Contract No. C32770, Project No. 780-14). Rec: By Minute Motion: 1) Reject proposal from Desert Alarm, Inc., Palm Desert, California, for the City Facilities Fire and Security Alarm Monitoring; 2) authorize staff to advertise finro separate contracts — one for Fire and Security Alarm Monitoring and one for Armed Response. H. REQUEST FOR APPROVAL of 2013 Palm Desert Golf Cart Parade on Sunday, October 27, and Sponsorship Therefor. Rec: By Minute Motion: 1) Approve sponsorship of the 2013 Palm Desert Golf Cart Parade in the amount of$25,000 and in-kind Public Works services forthe event; 2)authorize expenditure of funds from Account No. 110-4414-414-3062 for this purpose; 3) authorize $500 expenditure for Mayor's Trophy Award from Account No. 110-4414-414-3061; 4) permit the sale, possession, and consumption of alcoholic beverages on City-owned property in connection with the event on Sunday, October 27, 2013; 5) authorize EI Paseo road closure for the parade and activities; 6) waive Palm Desert Municipal Code Section 11.01.140-Amplified Sound for the event. I. REQUEST FOR AUTHORIZATION of Payment for Sponsorship of the 2014 International Sports Festival Scheduled for February 6 - 9. Rec: By Minute Motion, approve payment in the amount of $26,000 to Desert Recreation District for the 2014 International Sports Festival from Account No. 110-4416-414-3062. J. REQUEST FOR RATIFICATION of City Manager's Authorization to Submit a Letter of Opposition for AB 325 (Alejo)— Land Use and Planning. Rec: By Minute Motion, ratify the City Manager's authorization to submit a letter of opposition for AB 325 (Alejo). K. CONSIDERATION of Palm Desert Legislative Review Committee's Recommendation to Provide Letter of Support for AB 483 (Ting) — Local Government: Taxes, Fees, Assessments, and Charges. Rec: By Minute Motion, concurwith the recommendation of the Legislative Review Committee and authorize the Mayor to send a letter of support for AB 483 (Ting). 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 L. REQUEST FOR RATIFICATION of City Manager's Authorization to Submit a Letter of Opposition for SB 341 (DeSaulnier)— Redevelopment- Housing Functions. Rec: By Minute Motion, ratify the City Manager's authorization to submit a letter of opposition for SB 341 (DeSaulnier). M. STATUS UPDATE on Time Warner Negotiations. Rec: Receive and file. Upon a motion by Tanner, second by Benson, 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. 2013 - 55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,AMENDING THE FISCAL YEAR 2012-2013 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Mr. Gibson noted the subject Resolution reflected the changes made, including the transfer of funds to cover the Fire Fund. Unfortunately, the State, in the process of dealing with Redevelopments, takes 50%of the Fire Tax, which reduces the City's funding into the Fire Fund. Secondly, there is a transfer of money into the Capital Project Reserves to handle the future General Plan Update, which needs to be done in about a year. Lastly, there was a transfer of funds into the Retiree Health Fund to cover costs. He said a last minute change due to a billing receipt from the County on Fire Services resulted in a credit of $500,000; therefore, the books were adjusted. Additionally, there is a credit of $1.3 million due to the money paid to the State for Redevelopment and the City's portion of that is being paid back. The estimated revenues for the General Fund are $48.8 million and expenditures with the adjustments is at $46.8 million. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 55. Motion was seconded by Weber and carried by a 5-0 vote. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1257-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 10.24.010, 10.24.020, 10.24.050, 10.24.080, AND 10.24.160 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA, REGARDING ABANDONED VEHICLES — ENFORCEMENT AND ABATEMENT. Councilman Tanner moved to waive further reading and adopt Ordinance No. 1257. Motion was seconded by Benson and carried by a 5-0 vote. 2. ORDINANCE NO. 1258 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 24.04 OF THE PALM DESERT MUNICIPAL CODE, PERTAINING TO WATER-EFFICIENT LANDSCAPE GUIDELINES. Mayor Pro Tem Benson moved to waive further reading and adopt Ordinance No. 1258. Motion was seconded by Weber and carried by a 5-0 vote. 3. ORDINANCE NO. 1259-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT FOR A COMPREHENSIVE UPDATE TO PALM DESERT MUNICIPAL CODE TITLE 25 - ZONING, Case No. ZOA 13-223 (City of Palm Desert, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1259. Motion was seconded by Weber and carried by a 5-0 vote. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL RELATIVE TO WAIVER OF PENALTY RESULTING FROM LATE PAYMENT OF TRANSIENT OCCUPANCY TAX (T.O.T.) FOR THE PERIODS OF MAY 2013 AND JUNE 2013, Case No. T.O.T. - Marriott Vacations Worldwide (Marriott Vacations Worldwide Corporation, Appellant). Mr. Wohlmuth stated staff will be meeting with Marriott Corporation. He asked the Council to approve staff's recommendation authorizing the hearing officer to negotiate with Marriott. Councilman Tanner moved to, by Minute Motion, consider an appeal relative to waiver of penalty resulting from late payment of T.O.T. for the periods of May 2013 and June 2013, and recommend that the City Manager determine status of the waiver. Motion was seconded by Benson and carried by a 4-1 vote, with Spiegel voting NO. B. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND CITY OF RANCHO MIRAGE FOR CONSTRUCTION AND MAINTENANCE OF LANDSCAPE MEDIANS ON DINAH SHORE DRIVE, MONTEREY AVENUE, AND FRANK SINATRA DRIVE (CONTRACT NO. C33060). Councilman Tanner moved to, by Minute Motion,authorize the Mayorto execute the subject Reimbursement Agreement between the City of Palm Desert and City of Rancho Mirage for Construction and Maintenance of Landscape Medians on Dinah Shore Drive, Monterey Avenue, and Frank Sinatra Drive. Motion was seconded by Benson. Mayor Harnik stated she understood the cost would be split and the water usage would be covered by Palm Desert. However, given all the issues with the shortage of water, and if water allocation became an issue, would the City have an opportunity to address this matter differently. Mr. Greenwood replied the Mayor may be thinking about an extreme worse case, because the City had many meters where it bills other cities for their share, and the cost was relatively low. He said the only way to extract or restructure would be to cut the meter and remove the landscape. Mr. Wohlmuth noted this project will be drought tolerant landscaping. Mr. Campos stated the Agreement provided for a 30-day termination. In other words, if the agreement is not working out financially, the City can provide notice to terminate or negotiate it. The motion carried on a 5-0 vote. 11 PRELIMINARY MINUTES QRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2413 C. REQUEST FOR ADOPTION OF RESOLUTIONS, APPROVING THE EXECUTION OF AN EL PASEO PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst Veronica Tapia stated this item was before the Council on August 22 when the Cove Electric contractwas approved forthe EI Paseo Project. At that time, staff requested authorization for the City Manager to draft a reimbursement agreement for the funding to be fronted by the City and then reimbursed by the Successor Agency from bond funds. The expenditure will be listed on the Recognized Obligation Payment Schedule (ROPS13-146); the funds cannot be spent until January 2014. In order to get the project going, staff recommended approval of the proposed Reimbursement Agreement. Councilman/Director Spiegel noted this item was approved by the Oversight Board. Councilman/Director Spiegel moved to: 1) Waive further reading and adopt Resolution Nos. 2013 - 56, and SA-RDA 018, approving the execution of an EI Paseo Project Bond Proceeds Funding Agreement between the Successor Agency and the City, and taking certain related actions(Contract No. C33030A); 2) By Minute Motion, approve and authorize the Mayor/Chairto execute the EI Paseo Project Funding Agreement. Motion was seconded by Weber and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST TO CONSIDER FINDINGS OF FISCAL IMPACT REPORT FOR THE NORTHERN SPHERE OF INFLUENCE (EXPANDED) AND BERMUDA DUNES AREA, AND DIRECT STAFF AS TO FURTHER ACTIONS, IF ANY, REGARDING POTENTIAL ANNEXATION (Continued from the meeting of August 22, 2013). Mayor Harnik stated she would recuse herself from this item and left the Council Chamber. Ms. Aylaian noted a study session on this issue was held earlier this day. Councilman Spiegel moved to, by Minute Motion, continue to a date uncertain any consideration of annexation of Bermuda Dunes and areas north of the Interstate 10 Freeway, including Sun City. Motion was seconded by Weber and carried by a 4-0 vote, with Harnik ABSENT. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 XVI. OLD BUSINESS A. CONSIDERATION OF PROPOSAL"LAKE CAHUILLA PALMS" BY LARRY AND NANCY CUSH AS THE PUBLIC ART COMPONENT FOR THE COACHELLA VALLEY WATER DISTRICT'S STEVE ROBBINS ADMINISTRATION BUILDING LOCATED AT 75-515 AND 75-525 HOVLEY LANE EAST, PALM DESERT (Heather Engel/Coachella Valley Water District, Applicant). ManagementAnalyst Deborah L.Schwartzoffered to answeranyquestions. Responding to question, she confirmed the Art In Public Places Committee approved the proposal. Councilman Spiegel moved to, by Minute Motion, approve the proposed artwork, "Lake Cahuilla Palms" by Larry and Nancy Cush, as the public art component for the Coachella Valley Water District's Steve Robbins Administration Building located at 75-515 and 75-525 Hovley Lane East, Palm Desert. Motion was seconded by Weber. Mayor Harnik stated it seemed like quite a process to arrive at this point. Ms. Schwartz agreed, stating it brought about a great outcome. Mayor Harnik called for the vote, and the motion carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FORTHE HOUSING ELEMENT UPDATE, PURSUANT TO SECTION 150740F THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND OF THE ADOPTION OF AN UPDATED GENERAL PLAN HOUSING ELEMENT, Case No. GPA 12-361 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this was the update to the City's General Plan Housing Element, noting there was a study session on it this past year. He said the purpose of the Housing Element is to facilitate development of all housing types within the City, which identifies and reduces constraints to the development of affordable housing. It also identifies how the City will meet mandated housing targets, which is known as Regional Housing Needs Allocation (RHNA) for planning period 2014 to 2021. He said the Element establishes goals, policies, and programs that will help meet those target numbers for the RHNA. Also, certification of the Housing Element is required, it is the only Element in the General Plan the State requires to be certified and reviewed by the Department of Housing and Community Development(HCD). He said when HCD finds the Element 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 is in compliance with State Law, and it certifies the Housing Element. Once the City adopts a certified Element, it will facilitate in securing grants and loans for housing projects and provides protection against potential litigation on Housing Element related matters for any future housing projects. A required component is that it must review the last Element's policies and programs to determine its effectiveness. Therefore, staff redlines the Element and shows what was done throughout the City over that last period by conducting an analysis of the City's demographic, an inventory of existing affordable housing units, analysis of constraints to housing and development, site-specific inventory, and analysis of goals, policies, and programs. For this period, the RHNA is the most controversial because every housing element changed significantly. The last period had a total of 4,582 required units, and this planning period is only a total of 413 as noted in the table displayed. The changes in this element are due to the addition of an analysis of persons with developmental disabilities and an update to the 2010 Census data. In conclusion, he said the proposed Housing Element was presented to the Planning Commission in August and they recommended approval. He offered to answer any questions. Councilman Tanner stated that if one compared the requirements, the City is at less than 10% of what was required before for the 2006 to 2014 period, and he didn't quite understand what attributed to the drastic reduction. Mr. Bagato replied some of it had to do with the booming housing market at that time. Ms. Nicole Criste, Terra Nova Planning & Research, explained the RHNA is prepared two years ahead of the cycle for any given housing element, and like any statistical model, it's based on historic data. She said the RHNA for the planning period 2006 to 2013 was prepared when California was booming, and the current RHNA was prepared in 2010/2011 when California's market was flat. Therefore, the projections are much lower, and quite frankly, more consistent with what was seen in prior years. The 2006 to 2013-cycle was actually an aberration and much higher than what had been seen. Mayor Harnik declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 57, approving a Negative Declaration of Environmental Impact and General Plan Amendment No. 12-361, adopting the Housing Element. Motion was seconded by Tanner and carried by a 5-0 vote. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries forthe Period August 12-30, 2013. Mr. Wohlmuth noted the report provided in the agenda packets and offered to answer questions. In response to question about the meeting regarding the Rosewood Hotel, he answered that Mr. Bob Roark provided an update to him and Economic Development Director Martin Alvarez about the various strategies they're pursuing to obtain financing for the hotel project. Mr. Roark indicated that they are still endeavoring very earnestly in this process in order to pursue the entitlements that were approved. Further responding, he said Mr. Roark wasn't quite as optimistic as the developer who's working on the hotel property slated for Larkspur Lane, which indicated they have funding secured while awaiting the State's approval of Palm Desert's Long-range Property Management Plan for former Redevelopment Agency properties. . Further responding to a question about his meeting with representatives of the PGA Tour Superstore that will be opening, he said there wasn't a problem. They were moving very fast, and they wanted a temporary certificate of occupancy to start stocking their goods; City staff and Fire Marshal worked closely with them on their racking system for this purpose. He went on to say the Store's on schedule, and he delivered a punch list to them today, with their contractor receiving it early this morning from Building Inspector Danny Crawford. They're on schedule to have a soft opening on October 15, then step up their marketing for a November 1 full opening. He added that the PGA Tour Superstore is going into 50,000 of the 80,000-square foot former Mervyn's building. He also met with them this morning and reported that he'd obtained a $1,000 contribution from them toward the upcoming Kelly Junior Adult Golf Tournament that benefits First Tee of the Coachella Valley. With City Council concurrence,the City Manager Meeting Summaries were received and filed as presented. 2. Appreciation to Public Works Department - Summer Roadwork Mr. Wohlmuth extended hearty appreciation to Mr. Greenwood and the Public Works Department for the various road projects over the summer. He felt they'd done an amazing job getting them campleted, for the most part, on time and on budget. He noted that Highway 111 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 was now complete; Fred Waring and Monterey was significantly complete by last evening, with a few manhole adjustments occurring and traffic signal loops still being installed, but less lanes closed during construction periods now. He added that the City's received a number of positive comments about the new condition of Highway 111. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of City Council Study Session - Burrtec Commercial Recycle Fee — Thursday, September 26, 2013, at 2:00 p.m., Administrative Conference Room. Ms. Klassen noted the subject upcoming Study Session for Councilmembers. Councilmembers so noted the reminder. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: a) Sianed Petition from Terry Wood - Council Meetina Time — Councilmember Weberasked thatthe letterand petition submitted by Ms. Wood, where several people are asking City Council to consider changing the time of its meetings from 4:00 p.m. to 5:00 p.m. so that business owners can attend them be considered. Mr. Wohlmuth said staff could do so, noting that Council Meeting times are set by resolution. He asked if the meeting time was moved to 5:00 p.m., if it would also include scheduling Study Sessions for a later start so that members of the public were better able to attend. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 Councilman Tanner said he understood there was some concern, he'd previously been asked about it. However, 30 people signed a petition asking Council to move its meeting to a later start time, and he wond�red if that was sufficient groundswell to make a change. He felt this could prompt requiring it be looked at over and overwhenever someone asks. He agreed it should be discussed but was unsure it should be acted upon. Councilman Spiegel noted there are 50,000 residents in total. Mayor Harnik pointed out that this would qualify as one of the "Suggested Items for Future City Council Meeting Agendas,"and now that Councilmember Weber has asked, it can be considered. She observed that it was important to remember many of Palm Desert's business owners are in the hospitality industry, and many of them operate at night. So that 5:00 p.m. may then exclude that segment of the community; it was a moving target and would be difficult to please every business owner. She added that's why the meetings are now live-streamed and delay-broadcast, and the videos are also archived on the website for viewing anytime. Councilmember Weber concurred that if it was placed on the agenda, members of the public can show up and address the Council and there can be discussion about it, and direction can be given. Mr. Wohlmuth responded that this is certainly a policy issue, staff would prepare an agenda item forthe Council. He noted that he'd not received any complaints over residents being unable to make the 4:00 p.m. meeting times twice a month in his four years as City Manager. However, he'd be happy to place on the agenda for discussion. Councilmember Weber didn't think staff should spend an inordinate amount of time trying to analyze anything yet, just make it a discussion item for input. 2. Cit�Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a) SunLine Transit Agency General Manaqer Interviews — Councilman Spiegel reported that over 29 qualified people applied for the General Manager position at SunLine. That list was pared down to four; two candidates from the West Coat and two from the East Coast. He said all four of those candidates were qualified to run the 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 Transit Agency. The interview panel selected one they felt best, have offered that person a contract, but haven't heard back yet, hoping to within the next few days. An announcement of the new General Manager will follow. b) CVAG Public Safety Meeting — Mayor Harnik noted that Councilman Spiegel has been integral in representing the City of Palm Desert at SunLine, and while he was doing that on Monday this week, she took his place at the CVAG Public Safety Meeting. She said it was excellent; County Fire Chief John Hawkins made a presentation, explaining how all the entities came together to fire the recent regional fires. She said it was great to see all the public agencies working togetherto get it done. Additionally,the Committee heard a report on AB 109, which is very prominent in everyone's minds and the reason for the new Forensic Technician in the Cove Communities. The report indicated that it's difficult, but Riverside County is taking the most aggressive approach of any County in the State, and while not easy, they are making progress with it. 4. City Council Comments: a) Palm Desert Sister Cities Foundation September 11`h Concert — Mayor Harnik commented that last night the Sister Cities Foundation held is annual September 11 th Concert at the McCallum Theatre. She said they did a fantastic job of organizing and conducting the event, and it was an amazing concert. She encouraged her colleagues to compliment and thank any of the Sister Cities Foundation Board Members for their good work. In answer to question about the attendance, Mr. Wohlmuth said the entire first floor was full (no balcony seating for this event), so around 700 people. Mayor Pro Tem Benson noted that was a better turnout than when the concert was outdoors, because it was usually still very hot. Mayor Harnik felt the attendance would continue to increase, because it was a wonderful event. Responding to comment, Lt. Sullivan said the Police Department had four people there, in addition to McCallum Security detail, which confirmed the 700 number for attendance. 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 5. Suggested Items for Future City Council MeetingApendas: Please see discussion under Item 1(a), above, regarding request for consideration of possibly changing the Council Meeting start time to later in the day. XIX. ADJOURNMENT With City Council concurrence, Mayor Harnik adjourned the meeting at 5:09 p.m. JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19