HomeMy WebLinkAbout2020-03-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 12, 2020
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Nestande convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilman Sabby Jonathan
Mayor Pro Tem Kathleen Kelly
Councilmember Susan Marie Weber
Mayor Gina Nestande
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Andy Firestine, Assistant City Manager
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Tom Garcia, Director of Public Works
Mike Beverlin, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Joe Mann Park, Palm Desert (APN 637-062-010)
Agency Negotiator: Lauri Aylaian/Ryan Stendell/City of Palm Desert
Other Party Negotiator: PD Holdings Inc.
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
2) Property: Palm Desert Country Club (APN 637-020-011)
Agency Negotiator: Lauri Aylaian/Ryan Stendell/City of Palm Desert
Other Party Negotiator: PD Holdings Inc.
Property Owner: PD Holdings Inc.
Under Negotiation: x Price x Terms of Payment
3) Property: 54330 Ocotillo Drive, Palm Desert (APN 627-232-005)
SWC Ocotillo/Tumbleweed
Agency Negotiator: Lauri Aylaian/Martin Alvarez/Wayne Olson/
City of Palm Desert
Property Owner: City of Palm Desert
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 Nestande adjourned the meeting to Closed
Session of the City Council at 3:03 p.m. She reconvened the meeting at 4:01 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves reported that direction was given, but no reportable actions
were taken.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilman Sabby Jonathan
VII. INVOCATION/INSPIRATION - Councilmember Jan C. Harnik
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DECLARING MARCH 2020 AS
"CENSUS MONTH" IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Nestande presented the proclamation
to Mr. Dustin M. Strauch who is with the 2020 Census.
B. PRESENTATION TO THE CITY COUNCIL BY CAROL SCOTT ON BEHALF
OF THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT.
Mayor Nestande reported that this presentation will be provided at a later
date.
IX. ORAL COMMUNICATIONS - B
MR. DAVID HERMANN, City of Palm Desert Information Officer, read out loud the
following press release that was issued on this day:
Responding to today's executive order from California Governor Gavin Newsom,
the City of Palm Desert is canceling municipal events involving 250 or more
people through March 31.
The City also strongly advises organizers of private events in Palm Desert to
follow State public health guidelines, as directed by the Governor and outlined
by the California Department of Public Health, and to consult Riverside County
Public Health officials regarding questions about the novel
Coronavirus/COVID-19 pandemic. The County's public health website includes
a regularly updated page - rivcooh.orq/coronavirus - with important and useful
information.
In addition to the cancellation of large events, the City is postponing nonessential
meetings and activities that do not allow for recommended social distancing or
that involves 10 or more people who are at higher risk for severe illness.
While Palm Desert City Hall remains open, those conducting business with the
City are encouraged to utilize online and other resources such as telephone
calls, emails, mail, etc. in lieu of in -person services whenever possible.
The City's website - Cityofpalmdesert.org - offers a wealth of helpful information
and the public is always welcome to send emails to
information@citvofDalmdesert. orq. Phone at City Hall, including the main
information line - 760-346-0611 - are staffed and answered from 8:00 a.m. to
5:00 p.m. Monday through Friday.
He said the City is closely monitoring the rapidly evolving pandemic and the
leadership is participating in regular conference calls with Riverside County public
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
health officials and following updates from the Federal Centers for Disease Control
regarding best practices related to this virus and how residents, businesses, and
visitors can help protect themselves and their loved ones. He added that the
cancellations and postponements include all of the City's Committee/Commission
meetings through the end of March. At City Council meetings, staff is asking
attendees to practice social distancing and space themselves out. The City's Visitor
Services is being closed down to walking traffic, instead visitors are directed to the
City's website and on-line information. The Desert Recreation District, which
operates the City's parks and recreation activities, will not issue any event permits
for uses of the facilities during the month of March. The City has been notified of
the cancellation of the following: Fashion Week El Paseo, Palm Desert Food &
Wine, Baseball "Opening Day," which was scheduled for this coming Saturday, and
the State of the City Luncheon. While the release that was put out said through the
end of March, he's been informed that the County Public Health Officer, Dr. Kaiser,
issued a directive that extended the cancellation of events, regardless of the venue,
through the end of April for groups of 250 or more. He said that was the latest
information, but it's changing all the time as it's an evolving situation, and the City
will continue to keep the public informed.
Responding to question, Ms. Aylaian confirmed Architectural Review Commission
and Planning Commission meetings have also been cancelled.
X. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of February 27, 2020.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 2/7/2020 and 2/14/2020.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 2/14/2020 and 2/21/2020 (Joint Consideration with the
Palm Desert Housing Authority - see Item XXX below).
Rec: Approve as presented.
D. HOTEL & SIGNATURE EVENTS COMMITTEE Meeting Minutes for April 3,
2019.
Rec: Receive and file.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
E. RESOLUTION NO. 2020 - 22 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Records that Have Been Digitally Imaged from the
Department of Community Development, to Rely On the Electronic Record
as the Official Record - Files Dated 1988-2016 (Exhibit "A").
Rec: Waive further reading and adopt.
F RESOLUTION NO. 2020 - 23 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth Its Findings and Authorizing the
Destruction of Records that Have Been Digitally Imaged from the
Department of Community Development, to Rely On the Electronic Record
as the Official Record - Files Dated 2017 (Exhibit "A").
Rec: Waive further reading and adopt.
G. REQUEST FOR AUTHORIZATION to Advertise a Notice Inviting Bids for
Construction of the President's Plaza Parking Lot Improvements and for Staff
to Issue a Request for Proposals (RFP) for Construction Management
Services (Project No. 758-14).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
H. REQUEST FOR AUTHORIZATION to Increase Plan Review/Inspection
Services Contracts with Each Scott Fazekas & Associates,
Willdan Engineering, and Interwest Consulting Group.
Rec: By Minute Motion, authorize an additional expenditure of $150,000
total for Professional Service Agreements with Scott Fazekas &
Associates (Contract No. C38750A), Willdan Engineering (Contract
No. C38750B), and Interwest Consulting Group (Contract
No. C38750C) for Building Plan Review/Inspection Services,
FY 2019-2020 — new cumulative total for said services will be
$300,000 — funds are available in General Fund Account
No. 1104420-4301000, as set forth in the 2019-2020 Budget.
I. REQUEST FOR APPROVAL of Out -of -State Travel for Director of Economic
Development to Attend the International Economic Development Counsel
Training, April 23-24, 2020, in Washington, DC.
Rec: By Minute Motion, approve the out-of-state travel for Director of
Economic Development to attend an International Economic
Development Counsel Training, April 23-24, 2020, in Washington,
DC — funds are available in Account No. 1104430-4312000.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
J. MINUTES of the February 27, 2020, Regular Meeting of the Board of
Directors of the Successor Agency to the Palm Desert Redevelopment
Agency.
Rec: Approve as presented.
K. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrant Dated 2/14/2020.
Rec: Approve as presented.
PALM DESERT HOUSING AUTHORITY
L. MINUTES of the Housing Authority Meeting of February 27, 2020.
Rec: Approve as presented.
M. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 2/14/2020 and 2/21/2020 (Joint Consideration with the
Palm Desert City Council - see Item C above).
Rec: Approve as presented.
Mayor Pro Tem Kelly requested Item G be removed for separate action Under
Section XI, Consent Items Held Over.
Upon a motion by Harnik, second by Jonathan, and 5-0 vote of the City Council
(AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None), the remainder of
the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
G. REQUEST FOR AUTHORIZATION to Advertise a Notice Inviting Bids for
Construction of the President's Plaza Parking Lot Improvements and for Staff
to Issue a Request for Proposals (RFP) for Construction Management
Services (Project No. 758-14).
Mayor Pro Tem Kelly said she appreciates going out for Request for
Proposal (RFP) for Construction Management Services as the City will
continue to learn from the ongoing San Pablo experience, because the best
of intentions can have unforeseen consequences. For example, having signs
on Highway 111 that cautioned trouble ahead seemed to discourage people
from shopping on San Pablo. Therefore, the management services the City
is seeking will hopefully plot a helpful course.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Mr. Garcia concurred, stating staff is looking at lessons learned on the San
Pablo Phase 1. The RFP will include a robust public outreach component,
and when grading the proposals, it will be one of the highest priorities. Staff
understands the impact to businesses is ongoing and quite noticeable, so
staff will do all it can to mitigate it.
Mayor Pro Tem Kelly moved to, by Minute Motion, authorize: 1) City Clerk to
advertise a Notice Inviting Bids for Construction of the President's Plaza Parking Lot
Improvements (Contract No. C37040A); 2) staff to issue an RFP for Construction
Management Services for said project (Contract No. C37040B). Motion was seconded by
Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande;
NOES: None).
XII. RESOLUTIONS
None
XIII. ORDINANCES
A. For Introduction:
1. ORDINANCE NO. 1355 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
UPDATING VARIOUS SECTIONS OF THE PALM DESERT
MUNICIPAL CODE.
Councilmember Weber pointed out there is some inconsistencies in
the Ordinance with regard to the definition of "City Manager."
Mayor Pro Tem Kelly offered that an amendment could be made to
the City Manager's definition in the Ordinance under Section 7 to
have it state: "City Manager" means the City Manager of the City of
Palm Desert, or "qualified designee." By inserting "qualified" in front
of designee, it would apply universally. Mr. Hargreaves said that
would work.
Mayor Pro Tem Kelly moved to waive further reading and pass Ordinance No. 1355
to second reading with amendment to Section 7, 9.24.020 Definitions - "City Manager"
means the City Manager of the City of Palm Desert, or "qualified designee." Motion was
seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and
Nestande; NOES: None).
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
B. For Adoption:
MARCH 12, 2020
1. ORDINANCE NO. 1352 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A
NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND A ZONING
ORDINANCE AMENDMENT TO REPLACE SECTION 25.28.030 -
"MEDIUM/HIGH DENSITY HOUSING OVERLAY DISTRICT"- IN ITS
ENTIRETY WITH A "HOUSING OVERLAY DISTRICT," Case
No. ZOA 19-0004 (City of Palm Desert, Applicant).
Councilman Jonathan moved to waive further reading and adopt Ordinance
No. 1352. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
2. ORDINANCE NO. 1353 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPLY THE
HOUSING OVERLAY DISTRICT TO HOUSING AUTHORITY
PARCELS AND PARCELS IDENTIFIED IN THE CITY'S HOUSING
ELEMENT (APNs 623-370-014, 627-120-013, 685-010-005,
694-120-028, 694-130-016, 694-130-017, 694-190-087, 694-200-014,
694-200-024, 694-510-001, and 694-510-013), Case No. ZOA/CZ 19-
0004 (City of Palm Desert, Applicant).
Councilman Jonathan moved to waive further reading and adopt Ordinance
No. 1353. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
XIV. NEW BUSINESS
A. CONSIDERATION OF UPHOLDING THE ARCHITECTURAL REVIEW
COMMISSION DECISION TO APPROVE A NEW SINGLE-FAMILY
RESIDENCE WITH A MAXIMUM ROOF HEIGHT OF 18 FEET FOR A
PORTION OF THE HOME LOCATED AT 73142 CROSBY LANE WITHIN
IRONWOOD COUNTRY CLUB, Case No. MISC 19-0043 (Lynn Haws,
Applicant) (Jay Friedman/Jennifer Friedman, Appellants).
Principal Planner Eric Ceja said this was an appeal of building heights that
were approved by the Architectural Review Commission. The Appellant
requested a continuance of this item to a later date, and the Applicant
submitted a letter asking for the item to be heard this evening. He noted
staff is required by the municipal code to bring an appeal forward within 40
days, but that number has already been exceeded. He said the property
owner is unable to move forward until the appeal is heard; therefore, staff is
recommending moving forward.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Mr. Hargreaves added the Appellant, Dr. Friedman, is challenging it, because
he submitted a request for continuance, and in his conversations with staff,
he understood his request would be honored. However, he telephoned
Dr. Friedman to let him know that was not the case, because only the City
Council can authorize a continuance. Dr. Friedman, who is a doctor,
became rather belligerent and thought it was unconscionable that under the
circumstances with the Coronavirus the City was still holding the meeting.
He assured Dr. Friedman that staff had taken precautions so that he would
be safe. There is concern that this whole effort is mainly to delay this project.
On the other hand, one can certainly make the argument that he thought
there would be a continuance under the circumstances, which is why he was
not present this evening. He said Council can move forward, because staffs
recommendation is to deny the appeal. Also, the City Council has the
information from Dr. Friedman in the packet. In the abundance of caution,
Council may continue this item for two weeks.
Mayor Nestande made the comment that the Appellant would have the same
concerns in two weeks, in terms of the Coronavirus.
Councilmember Harnik asked how many days have gone beyond the 40-day
period.
Mr. Ceja explained staff passed the 40-day period, because this item was
postponed at the last meeting.
Councilmember Harnik suggested hearing the staff report and then
determined whether Council wished to continue the item. Mayor Nestande
concurred.
Councilman Jonathan added the City Council had an email added to the
packet that indicated the property owner flew to Palm Desert this morning to
attend this meeting. Therefore, he felt it would be inappropriate to postpone
the matter.
Mr. Ceja stated the property in question is located at 73142 Crosby Lane,
just west of Sunrose and is within the Ironwood Country Club. This is a
flagship lot with a long driveway. This application was forwarded to the City's
Architectural Review Commission (ARC), and based on the R1 zoning
district, you can build up to 15 feet in height by right, and if you want to go up
to 18 feet, it requires the ARC making a finding for it. The Applicant followed
the process and submitted an application, which was reviewed and ultimately
the ARC made the findings in support of the additional height. Additionally,
the Applicant secured a letter from the Ironwood Homeowners Association
indicating they reviewed and approved the plans. He displayed renderings
of the home and explained the elevations and varying heights, explaining
how staff address towers, chimneys, or other architectural embellishments.
He said you are allowed to exceed certain height requirements based on the
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
zoning district. The home in question is centered and arranged similarly to
all the other homes on the street. He displayed the home plan and elevation,
noting the main mass of the building is just above 16 feet in height. In
looking at the existing homes within the area, he identified others that also
exceeded the 15-feet standard. He also pointed out types of embellishments
like the towers and chimneys that would exceed 18-feet in height.
Responding to question, he confirmed the dotted line represented 18 feet in
height. In conclusion, he said the Applicant went through the ARC and they
made their finding in support, including the HOA. Staff is recommending the
City Council deny the appeal, allowing the homeowner to move forward with
his plans as he is ready to build.
Mayor Pro Tem Kelly asked if only chimneys were abovel 8 feet.
Mr. Ceja answered yes, explaining you can go up to 15 feet by right, and with
special permission from ARC, you can go up to 18 feet and above for
building towers.
Mayor Nestande noticed several homes have already done the same thing
the Applicant is requesting.
Mayor Pro Tem Kelly said she will offer a motion for a continuance, given the
sequence of communications that may have created some confusion, to see
if anyone would second her motion.
Mayor Pro Tem Kelly moved to, by Minute Motion, continue the item for two weeks
to the meeting of March 26, 2020. Motion died for lack of a second.
Councilman Jonathan moved to, by Minute Motion, affirm the action of the
Architectural Review Commission (ARC), approving a new 3,598-square-foot single-family
home with roof heights varying from 16 feet to a maximum of 18 feet in height. Motion was
seconded by Nestande.
Responding to question about where the Friedman's live, he said they are
from Seattle, but they have a home locally, so they travel back and forth.
Councilman Jonathan clarified the reason he recommended approval of
staffs recommendation is that it seems the Applicant has complied with all
the procedures for requesting an exception. The request was approved by
staff, ARC, it has received support from the HOA. Additionally, Council was
not setting a precedent in the neighborhood. Therefore, he didn't see a
reason for denial or postponement for what is an inevitable decision.
Mayor Nestande called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
B. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF
$1,072,766.76 TO SOUTHSTAR ENGINEERING & CONSULTING, INC.,
FOR CONSTRUCTION MANAGEMENT SERVICES; AND AUTHORIZING
STAFF TO ADVERTISE AND CALL FOR BIDS FOR THE CONSTRUCTION
CONTRACT FOR THE SAN PABLO AVENUE PHASE 2 STREETSCAPE
IMPROVEMENTS PROJECT (PROJECT NO. 681-20).
Project Manager Randy Bowman stated the City advertised Request for
Proposals (RFP) and received three responses. The proposals were
reviewed and evaluated, and thereby recommending award of the
Construction Management Contract to Southstar Engineering for the
San Pablo Phase 2 Streetscape Improvements Project.
Councilman Jonathan stated that $1,072,766.76 was a lot of money for a
$10 million project. He understood why Phase 1 was costly, but he thought
Phase 2 was a straightforward because it doesn't have businesses fronting
the street. He asked why Phase 2 warranted $1 million to oversee
construction of the project.
Mr. Bowman explained these improvements have a $3.2 million grant coming
from Cal Trans for construction of the project, which requires special
inspections and documentation in order to be reimbursed by the State. With
the level of documentation required, quite frankly, staff would have difficulty
meeting the requirements, which is issue No. 1. Issue No. 2 is that there are
special features in Phase 2 that brings forward the palette from Phase 1 like
customized landscaping and pavement materials that require special
inspections. Unlike contract for Phase 1, this one includes material
inspections as well as surveying. Also, the contract for Phase 1 was solely
for construction management, because it had separate contracts for
surveying and material inspection. The cost for Phase 2 appears higher than
Phase 1, simply because it's all encompassing. This contract will include
material testing, concrete testing, electrical testing, etc. While Phase 2 is
simpler in terms of the number of property owners that abut the project, the
essence of this project is just as complicated as Phase 1.
Councilman Jonathan agreed to defer to the explanation, because he heard
staff say they looked at alternatives, including considering in-house staff.
With other major construction coming up, it occurred to him the City may
want to consider hiring a qualified person that can serve this function. For
example, if you hire someone for $200,000, it will be five years of service
from that individual versus $1 million on one project that will last six months.
He urged staff to look at alternatives and/or looks at the big picture and
consider adding a position that will assume this role.
Mayor Pro Tem Kelly moved to, by Minute Motion, award/authorize: 1) Contract in
the amount of $1,072,766.76 to Southstar Engineering & Consulting, Inc., Riverside,
California, for Construction Management Services for the San Pablo Avenue Phase 2
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Streetscape Improvements Project (Contract No. C38820A); 2) Mayor to execute said
contract; 3) Staff to advertise and call for bids for the San Pablo Avenue Phase 2
Streetscape Improvements Project (Contract No. C38820B) — funds will be available in
Account No. 4514342-4400100 - Capital Bond Funds. Motion was seconded by Harnik
and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES:
None).
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
AT LEAST 72 HOURS PRIOR TO THE MEETING.
C. REQUEST FOR AUTHORIZATION TO ESTABLISH AND PROVIDE SEED
FUNDING TO A PUBLIC BENEFIT CORPORATION FOR THE PURPOSES
OF FUTURE AND CURRENT STRATEGIC INITIATIVES, INCLUDING
THAT OF SECURING A FOUR-YEAR, STAND-ALONE CALIFORNIA
STATE UNIVERSITY CAMPUS IN PALM DESERT.
Senior Development Analyst Wayne Olson stated the State is conducting a
study using consultants to investigate the next potential location for a Cal
State University (CSU) stand-alone campus. Palm Desert is one of five
potential locations: Chula Vista, Concord, San Mateo, Stockton, and Palm
Desert. In order for the City to put its best foot forward and to deliver a
message to the widest audience that Palm Desert has the best quantitative
measures of the five individual cities listed, staff is seeking authorization to
create a public benefit organization to coordinate and direct regional
resources toward securing a stand-alone CSU campus here in Palm Desert.
Councilmember Harnik said it was so important for the City to step forward
and get this done, because Palm Desert needs this four-year university. If
there was ever a time that illustrates it so clearly, it's now when every festival
and event that is hospitality related is being cancelled throughout the entire
region due to the Coronavirus. She said the City's economy is based on
hospitality and agriculture, and it must be broadened. She added that a four-
year university gives the City a chance to broaden its base, which is why this
initiative was so important.
Councilman Jonathan concurred, adding the learning curb has been very
steep on this issue, and staff has made an outstanding effort in rallying the
community to make it clear to the consultants who analyze those five site
that Palm Desert should be, at the top, and/or tied for the top. We now
understand that to make this a reality, it must take this step to address the
decision -makers and to shape that discussion. He is grateful to Mr. Olson
who has experience and expertise to guide the City through the process,
adding the City has learned this is the direction it must take.
Mayor Nestande agreed, stating she met with the consultants last week, and
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
it was heartening that their ears are open, but concurred that this needs to
be brought out into the open and go to the next level, so that some of the
larger cities don't beat us out.
Councilman Jonathan moved to, by Minute Motion, award/authorize:1)
Establishment and formation of a 501(c)(4) organization for the implementation of City and
regional future strategic initiatives, including securing a four-year, stand-alone California
State University (CSU) Campus in Palm Desert; 2) Appointed Palm Desert City
Councilmembers (Harnik, Jonathan) of the University Planning Subcommittee to review
and approve the incorporation of the 501(c)(4), including bylaws; 3) Finance Director to
appropriate $100,000 from the unobligated Economic Development Reserve Fund to
provide seed capital for the 501(c)(4); 4) City Manager to execute documents of
incorporation that will be required to establish and form the 501(c)(4). Motion was
seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and
Nestande; NOES: None).
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF AN AMENDED CONDITION REQUIRING
AN IN -LIEU AFFORDABLE HOUSING FEE ON A DEVELOPMENT
PROPOSAL AT PALM DESERT COUNTRY CLUB AND AN AMENDMENT
TO THE OPERATION AND MAINTENANCE AGREEMENT BETWEEN THE
OWNERS OF PALM DESERT COUNTRY CLUB AND THE CITY OF
PALM DESERT, APNs 637-190-021, 637-190-024, AND 637-190-027,
Case No. CZ/PP/CUP 16-280 (PD Holdings, LP, Applicant) (Continued from
the meetings of January 9, February 13, and February 27, 2020).
Principal Planner Eric Ceja noted this item was before the City Council in
January 2020. At that time the project was initially approved, and direction
was given to staff to amend the Operation and Maintenance Agreement
(OMA). While staff was working through that process, the Applicant made
a request to amend Condition No. 14, by removing the in -lieu affordable
housing fee. When this item was brought forward to the City Council on
January 9, a few questions came up that staff was directed to research.
First, it was to look at project completion and what the City can do to ensure
the project is actually built and completed. Today, the world is in an
uncertain place and the development industry is no different. Staff is
recommending the project develops out over months or years. The Applicant
has indicated they would develop one site at a time and going through the
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
normal development process of collecting bonds, issuing permits, and
following up on inspections. Similarly, staff will do the same when it comes
to building code compliance by conducting regular inspections, dust control
measures, and the like. Staff is recommending using existing policies and
enforcement procedures on this issue. There was also a question about
providing interim maintenance standards for the former golf course. So if the
Applicant is working on Site A, what happens to the other two sites while one
is under construction. The Applicant has agreed to be responsive to the City
by responding to complaints within 24 hours, and coming up with an action
plan. For larger items, they will respond within 48 hours. The Applicant
would be responsive to overgrown weeds, maintenance, and dust control on
those other parcels while construction is ongoing on other sites. There is a
new fee that will be collected by the City in lieu of the affordable housing fee,
and direction was given to put those fees into a housing fund. Staff made
that change in the proposed Resolution. Lastly, staff was directed to work
with developer to establish project start dates. The Applicant has indicated
they hope to be under construction this November 2020, and the plan is to
tackle Site A. With the amended Operation and Maintenance Agreement
staff established new maintenance standards for desertscape, removal of
weeds, plant, litter, placement of plant material, and pest control. The OMA
just talks about the areas for the former Executive Course, which are not
under construction but still need to be maintained as already mentioned.
Staff provided a new Condition of Approval in the Resolution as the Applicant
provided a new landscape plan for the existing golf course identifying where
the turf and desert turf areas are located and where they intend to keep
natural -like conditions so that the community and Planning staff understand
which areas are to be maintained at certain levels. The developer has
requested the City amend Condition No. 14 to remove the in -lieu affordable
housing fee, instead the City will collect a per unit fee around $5,800 up to
$400,000 in total, which will go into the City's Housing Fund. In trying to
work out to acquire this 2' acre site adjacent to Joe Mann Park for the
potential expansion of that park, staff discovered there is a declaration on
that property that may preclude the City from doing so. The condition is now
amended indicating the developer will grant the City a ten-year option to work
with the HOA and the community to get the votes to amend that declaration
and to hopefully expand that park. Lastly, staff asked the developer, who
has been working with the HOA on their own separate agreement, to provide
proof of recordation prior to moving forward with the project. He said those
were the changes based on direction given to staff. Staff is recommending
adoption of the changes to the Resolution, specific to Condition of Approval
No. 14, as well as the changes to the Operation and Maintenance standards.
Mayor Pro Tem Kelly thanked staff for working through concerns that have
been expressed as follows: 1) She said residents expressed concern about
conditions applicable to the parcel that potentially could be transferred for a
park. She understands the current proposal would entail not moving forward
with a park unless the applicable procedures are followed to secure a
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
change to that condition. Mr. Ceja concurred; 2) Second concern is the
condition of the desertscape on the 18-hole course where Council has seen
pictures of weeds and generally unkept conditions. In looking at Condition
No. 4, it indicates a complete plan will be reviewed by the City so that it has
a record of what's supposed to be a naturalized area and what's is ground
cover, etc., to facilitate enforcement of the maintenance agreement for the
future. Mr. Ceja said that was correct; 3) The last thing she wanted to
feature was how the old Executive Course is maintained between now and
development, because residents have raised concerns about the significant
amounts of dust being kicked up. She noted Exhibit D in the currently
proposed packet, which seems to explicitly require that areas are watered for
dust control. She asked if that was part of the current consideration. Mr.
Ceja said it was; 4) She said it was important to feature how the proposed
documents were different from what has been seen before.
Councilman Jonathan stated the option for the land is addressed on page 3,
Item 3A - where if references the 10-year option, but it doesn't address
purchase price. He wondered if it's stated somewhere that the option can be
exercised for a dollar or zero dollar amount, because that land is part of the
original in -lieu agreement.
Mr. Hargreaves said it was a good point. He asked staff to add language to
the Agreement that states, "The transfer of land is at no cost to the City."
Councilmember Harnik suggested modifying Section 2.1 of the Operation
and Maintenance Agreement to state "a semi -private 18-hole golf course,"
stating it might be good for clarification.
Mayor Nestande declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MR. MOE SIHOTA, PD Holdings, Applicant, agreed with Councilmembers
that there has been substantial progress during this window of continuation
from the January meeting to today's. He would like to think everyone has
arrived near the end of this seven-year journey, which has been painful at
times. He felt they can proceed with greater certainty around the issues that
were raised, but there are some he wishes to address. First as Councilman
Jonathan pointed out on the transfer of land, he was going to make the same
point, because clearly that option should be for a dollar, which had been
communicated to the City. Secondly, the questions around the Operation
and Maintenance Agreement (OMA), in addition to what staff has already
mentioned, there are other points to make. It's important to understand the
OMA applies to the new Championship Course that should be 18-holes.
There are other standards that apply to the area that will be developed,
because there was some confusion about this at the January meeting. It just
makes intuitive sense to hold the Executive Golf Course to the same
standards of the Champion, because the Executive is going to transition from
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
its current state to where it will be transformed to a construction site. Also,
it's in their interest to proceed with the landscaping of the Executive Course
as quickly as possible, because it assists in sales. It would be difficult to sell
a plot of land in barren territory. Therefore, they will maintain each planning
area, because it's in their best interest to do so. He felt this point wasn't
hammered in at the last meeting. Lastly, if you look at the number of
complaints that have come to the City Council about the state of the land,
they are mostly from Site A or the old holes of 3, 4, and 5 of that
development. Originally, he had plans to commence at Site C, old holes 9
and 2, thinking it would be easier to start at the foot of the existing
development near New Mexico Drive. Having listened to the residents and
their frustrations over dust and other variables, particularly in that area, the
sequencing of the development is going to be adjusted so as to speak to that
matter. They re -calibrated how they will commence the project to address
those residents who have been the most vocal, in terms of seeing their area
developed out first. He said there has been an aura of suspicion as to the
willingness on their part to comply with existing bylaws or to respond to
complaints in a timely manner over the past few years. However, he wished
to submit for the record the following statement given to him from Mr. Rusty
Hannah with the City's Code Compliance Department: "As it gets closer to
my retirement, I would like to take a moment to touch base with you on the
Palm Desert Country Club old course complaints and maintenance. In my
2% years here at Code Compliance, I have worked closely with Ted, the
Course Superintendent and staff to address complaints. First, we really do
not receive a lot of complaints on the old course in relationship to the number
of homes in that area. It is usually the same few folks who call in to complain
and they are usually the ones opposed to the project that PDCC is trying to
get going. In some cases, their complaints are unremarkable. Let's keep in
mind, some of those complaints may not be visible from the public
right-of-way areas and it's usually taller grass that I see, which tends to be
mowed before I'm informed about it. That is always the reaction and result
I get from Ted and staff as they address all complaints and keep the old
course in relatively good condition. Keep in mind they are trying to maintain
all 18-holes of the main course with an under staff team. Complaints have
been addressed within 48 hours without issue. It has been a pleasure
working with Ted and his team and the clubhouse team. Again, for the
several hundred homes surrounding the old main golf course, staff does a
remarkable job, and I thought 1 would let you know so there are no
preconceived notions that they do not address complaints. Mr. Sihota said
he would like this statement to be part of the record, because there is always
a tussel with a developer or business as to the authenticity and their
commitment when dealing with community concerns. He believes this letter
addresses their commitment to comply with the OMA and other agreements
that govern behavior. The final point to make is with both trepidation and
sadness, which is the question of the park, because that issue was raised
during this continuance. Converting the vacant lot into a park came into
question, but right now its dust bowl. He noted that land is available to them
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
to use as debris, storage of landscape trimmings or vehicles, adding the fuel
depot had operated out of that area. However, they have opted not to use
it for those purposes out of courtesy, and to a lesser degree, because of
convenience. He sadly reviewed the emails that are part of the City
Council's packet, and he noted Ms. Powers has expressed a keen interest
in questioning whether this land can be converted into a park. He believes
a park there would be a wonderful asset, and as part of the negotiations, it's
kind of a legitimate issue, because it provided funds for the social housing
component and agreed to a formula for more. He finds it both perplexing
and frustrating that those who have advocated for open space and dust
control are questioning whether or not this transaction of land can occur. It's
in the public's interest that there is a park in that vacant lot. Secondly, it's
doable, because legal counsel on both sides have indicated that it can be
done, notwithstanding the comments that have been raised to date. It's
important to note, the principal long-standing HOA in that area, the Palm
Desert Country Club HOA, has written to staff and have indicated that putting
a park at the foot of hole 4 in that dust bowl would be a benefit to the
community, and they have not received communication to the contrary. He
said sometimes in life when people oppose for the sake of opposing, they
arrive at irrational considerations or conclusions. If there are issues or
concerns raised during the commentary period from other residents, he
would be happy to respond. Lastly, he recalled for the City Council that they
took over a golf course that was in the state of bankrupt, and they have
enhanced it significantly by moving ahead with this development. Not only
because capital will be coming in from the development, but because there
will be a new HOA that will then provide a fresh revenue stream to the golf
course, enhancing the viability of the course. With this additional revenue,
it will allow them to turn the page from what has happened in the past and
give comfort to residents in the area.
MS. BARBARA POWERS, Kentucky Avenue, Palm Desert, said she learned
staff was recommending a condition on the project in that all the landscaping
will be installed and planted prior to a Certificate of Occupancy for any unit.
It was her understanding all three projects would be graded and landscaped
at once. In talking to Eric Ceja this afternoon, she found out that wasn't true,
it will be on the one they will start, which she found very disappointing. The
condition she is referring to is on page one of the staff report under
Section 1, the third paragraph down. Therefore, she's confused, questioning
if they will landscape all three parcels or as Eric said the place where they
will start building the 14 units. If so, what will happen to the other two parcels
and will they be left alone until all the units are built out, because that could
take some years. Lastly, responding to Mr. Sihota's comment that she's the
only one calling and complaining, she explained that because she lives near
the open space she receives calls from all the neighbors. She has called
PDCC many times and has been transferred to a recording, and she never
gets a hold of anyone during the day time. During the day time when they
mow, this one particular day there was so much dust she couldn't see across
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
the fairway and she submitted a picture. Finally, the next day she found the
controller Kim, to take care of it, however, they only water for about 30
seconds. She said residents have been left with weeds, sand, and ants for
the past seven years. The times he's called Mr. Hannah (City employee), he
said they can only handle what happens from the view sheds of the
openings.
MR. RANDY HUMES stated he lives on the property that's being discussed.
He said he understood the City wants to purchase the land, and the golf
course owners want to give it away to the City. He didn't know how he felt
about it, because the golf course owners haven't continued to do when they
first came in and built the new maintenance shed. People wonder why no
one has done anything about it, but you figure it's a golf course and workers
want to go out there before the high heat temperatures, which he
understands. He felt a mediator was needed to direct some kind of way to
make this work for all involved. Secondly, the smell from the dog park reeks
of urination, especially during the summer. Residents would like to see
something go in the vacant lot that would benefit both the City and adjacent
residents, because he doesn't want to see lights from a tennis court or have
undesirable people lingering and looking to steal from residents. He asked
the City to do some research on this, which may take a little more time, but
he felt this needed to be done right the first time instead of down the road.
MR. FRED KENT, California Drive, Palm Desert, noted he was not prepared
to speak this evening, but the Applicant comments motivated him to speak.
He said it wasn't just Ms. Powers that has complained, because there have
been many others as well. He noted Ms. Powers is the one that attends all
the City Council meetings and is the most knowledgeable. He agreed it's
been a long -haul process where many promises have been made that have
not materialized. One of those promises was that the golf course was going
to be brought up to par, but it hasn't been pulled off. He heard the Applicant
say the new HOA will take care of this and that, etc., and he doesn't know if
the owner is winging it and/or both sides are winging it, but it looks very
chaotic to him. He added he wasn't optimistic about the end results.
With no further testimony offered, Mayor Nestande declared the public hearing
closed.
Mayor Pro Tem Kelly asked if an absolute assurance can be made, with
regard to the park, that the City is not going to move forward with a park until
it's vetted with the people who surround the park about what would be in it
and whether those uses would pose the kinds of concerns that the previous
speaker brought up.
Mr. Ceja responded he met with four or five of the homeowners adjacent to
this potential park expansion, and he has related this is a two -prong process.
First, the City would need to accept the land to be able to develop the park.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
The second phase is to actually meet with those neighbors and figure out the
needs for that park expansion. Staff has primarily talked to them about
passive amenities, but have never settled on a final design, which will come
at a later decision. Further responding, he said Condition No. 5 - prior to a
Certificate of Occupancy being issued for any single unit within any planning
area, the owner has to landscape that entire area. There are three planning
areas, A, B, and C., so for instance, development will start on Area A, which
means they would have done all the cuts for the roadway, finished out the
grading, and have landscaped the entire Site A. He added they won't be
grading Site B while working on Site A. He confirmed the answer to Mayor
Pro Tem Kelly's question is yes.
Councilmember Harnik said she had not heard the issue of a dog park being
brought up previously.
Mr. Stendell offered there is a dog park in the current Joe Mann Park that
exists today. In additional to Mr. Ceja's simple yes, there are probably
design solutions for the two issues raised with the 2% acres.
Mayor Pro Tem Kelly commented Council heard a lot of testimony over the
months about whether or not best efforts have been made. She didn't see
whether it was the City's role to address it, but it is very much the City's role
to make sure City employees and Code Enforcement are armed with clear
standards to ensure current promises are kept. Her interest is to make sure
those clear standards are in the documents being approved. She's
persuaded that the correct language is there for residents to pursue any
concerns that come up and to equipt City employees to respond to concerns.
Therefore, she supports staff's recommendation.
Mayor Nestande concurred, stating it's been a long process.
Mr. Ceja suggested adding to the motion two clarifications with regard to the
Maintenance Agreement and Condition of Approval No. 3A.
Councilmember Harnik moved to: 1) Waive further reading and adopt Resolution
No. 2020 - 01, amending Condition No. 14 of Resolution No. 2018-16, requiring payment
of an in -lieu affordable housing fee for conversion of the former Executive Golf Course;
2) by Minute Motion, approve an amendment to the Operation and Maintenance
Agreement (OMA) between the City of Palm Desert and PD Holdings, LP, for the
operations and maintenance of the remaining 18-hole golf course at Palm Desert Country
Club, with amendment, modifying Section 2.1 of the Maintenance Agreement to state "a
semi -private 18-hole golf course," and also clarifying Condition of Approval No. 3A to state
"The transfer of land is at no cost to the City." Motion was seconded by Nestande and
carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES:
None).
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
With City Council concurrence, Mayor Nestande called for a recess break at
5:23 p.m. She reconvened the meeting at 5:35 p.m.
B. REQUEST FOR APPROVAL OF A SPECIFIC PLAN AND TENTATIVE
PARCEL MAP 37234 TO SUBDIVIDE 32+ ACRES INTO FOUR (4)
PLANNING AREAS EAST OF MONTEREY AVENUE, SOUTH OF
DICK KELLY DRIVE, NORTH OF "A" STREET, AND WEST OF
GATEWAY DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT IN ACCORDANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case
Nos. SP 16-342 and TPM 37234 (MC Properties, LLC, Applicant) (Continued
from the meetings of January 23 and February 13, 2020).
Principal Planner Eric Ceja noted it has taken a long road to get to this point.
He said this was for consideration of a Specific Plan (SP), Tentative Parcel
Map, and a Negative Declaration in accordance with the California
Environmental Quality Act (CEQA). The Specific Plan site is bounded by
Monterey Avenue, Dick Kelly, "A" Street, and Gateway Drive, and it's
approximately 32 acres. It borders with the City of Rancho Mirage to the
west and a vacant site that includes a school site for Palm Springs Unified
School District. This Specific Plan does establish permitted uses and
development standards over the 32 acres, and the subdivision of this site
includes four total parcels. The site will be put into a quadrant where the
front two parcels fronting Monterey Avenue will be for commercial use, and
the two fronting Gateway Drive will be for residential uses. There is a CEQA
document, a Mitigated Negative Declaration to support this project. He
displayed a map outlining all the parcels and he described each of the
parcels zoning and land uses as follows: Planning Area 1 & 2 are for
commercial uses, stating they would be zoned Planned District Commercial
and Planned Residential. The commercial uses will be zoned PC2, and
permitted uses would include retail and personal services. There is also a
list of conditional uses that includes drive -through restaurants, car washes,
hotels, and gas stations. The Planned Residential is identified as PR-22,
and they are allowed up to 22 units per acres; Parcel 3 on Dick Kelly Drive
allows permitted uses for multi -family, mixed -use, and potentially
commercial, or can be a partial development with Parcel 4; Parcel 4 is the
largest site shown along Gateway Drive and it's approximately 11 acres.
This site is identified in the City's Housing Element and is required to have
no less than 200 residential units. At the last City Council meeting, and
again today, Council adopted a new Housing Overlay Zone or District that
was applied to Parcel 4. This again is to incentivize affordable housing at this
site. Notable condition warranting City Council attention is that Condition of
Approval No. 4, states the project should commence within two years.
Because this is a specific plan that runs with the property, the Condition
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
should read that just the map needs to be recorded in two years in
accordance with the subdivision. The development is anticipated to occur
at different phases over time. Condition No. 9 is part of the resolution that
requires pedestrian connectivity among all four planning areas. Condition
No. 10 broadly lays out the permitted uses and development standards.
Staff has not seen a site design for any individual parcel or building
architecture yet, but as those parcels develop, a new Precise Plan would be
submitted. Improvements for site planning and architectural will be reviewed
by the Architectural Review Commission and Planning Commission at a later
date. Condition No. 11 requires that Planning Area 4 have a minimum of
200 residential units per the Housing Element. Staff is recommending the
Specific Plan shall not include any age -restricted housing. This has been an
ongoing topic between City staff and Applicant. Because of this site's
proximity to commercial both to the north and south, as well as the school
site to the east, staff felt this site is much better suited for people in the
workforce and young families. There are not a lot of medical services to
support age -restricted or senior -type housing in this area. Staff
recommended the City Council adopt Resolution No. 2020-17, approving the
Specific Plan and Tentative Parcel Map 3724, and adoption of a Mitigated
Negative Declaration (MND) in accordance with CEQA.
Councilmember Harnik noticed the Specific Plan indicates building heights
of 42 feet and 50 feet, but then it jumps, indicating a maximum building
height of 60 feet.
Mr. Ceja explained that in working with the developer, the 60-foot maximum
is limited to hotel and mix -use purposes. In looking at new hotel
development, particularly closer to Interstate 10, there have been hotels
more than 50 feet. The allowance will allow for up to 60 feet with proper
architecture and screening of roof -mounted equipment. Again, the 60-foot
maximum is only allowed for mix -use and hotel development at the site.
Councilmember Harnik understands the ones hear Interstate 10, because
there is lower grading there, but she had concerns where there is a higher
elevation. For instance, Parcel 2 has the possibility of having a hotel, which
would then be next to a residential parcel.
Mr. Ceja said parcels for hotel or mix -use development could be four stories
and up to 60 feet in height. On the back parcels 3 and 4, they can develop
at three stories at 40 feet in height. In this area there are already multistory
buildings. The scale of our shopping centers and the architecture is quite
large and staff felt it was in keeping with that area in general.
Councilman Jonathan inquired about the 60-feet height mentioned by
Councilmember Harnik and whether the developer needed special
permission from the ARC or Planning Commission to go above the 45 feet.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Mr. Ceja answered no, stating this Specific Plan would then govern future
development for these four parcels and allowing them to go up to 60 feet.
Again, the developer has to submit a precise plan and go through the
Planning Commission process. Although, they would have a 60-foot
maximum, staff would be working with them on height variations and
architecture through that process.
Councilman Jonathan noted the City's had experience now of placing
projects higher than their neighbors, and it wasn't a good experience. He
asked if there was an alternative that would specify that under this Specific
Plan, an application can be made to go to 60 feet, but that it's not
automatically granted.
Mr. Ceja offered the City Council could make a recommendation to lower the
maximum height at this point. Council can make a recommendation that any
hotel development in excess of three stories requires City Council review.
He reiterated that any development in these parcels would have to go
through the Planning Commission review process where they will look at
heights.
Mayor Nestande 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. CHRIS CHAMBERS, Consultant with MC Properties, representing the
Macleod Family Partnerships that owns the property. He said
Councilmembers and staff have seen this project over the many years it's
been in the process with the City. They have enjoyed now a very strenuous
four years since they first brought this project to the City. He noted
Mr. Bob Kolodny, Land Use Attorney for the beneficiaries, who have owned
the property for the past 40 years, is present to answer questions as well.
They are very appreciative for the time given to this project, including staff's
efforts. They understand Council and staff have a strong desire to see
affordable housing, and this project has been instrumental in coming to the
conclusion of the Housing Overlay Zoning. He congratulated Council in
coming to that decision, stating Palm Desert is leading in the Coachella
Valley in welcoming the development community, and approval of this project
will go a long way in sending that signal. When they went before the
Planning Commission for approval of this project, with the exception of
deferring the issue of affordable housing to the City Council, they considered
the age -restricted issue and suggested it is allowed on this project. The
age -restricted category is a wide category that provides for age -restricted or
age -qualified housing, market rates, or for rent. It also provides for senior
care facilities, which is appropriate in this location, notwithstanding, some of
the adjacency. For example, every time they call Palm Springs Unified
School District for a status update, they have no plans, and it's not in their
capital improvement budget. Therefore, they are not doing anything with the
site, in terms of long-range planning, and this ownership has been waiting for
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
40 years to get this project to market. This project has flexibility in terms of
a diverse community, which is exactly what is needed as it has residential
and commercial. Another thing about the age -restricted issue, is that across
the street in the City of Rancho Mirage, they have approved and are
processing a map for up to 70,000 square feet of medical office facilities.
When you put all these things in consideration, there was compelling reason
for agreeing with the Planning Commission and allowing age -restricted to go
on Parcel 3. He offered to answer questions.
With no further testimony offered, Mayor Nestande declared the public hearing
closed.
Councilmember Weber requested clarification on having or not having
age -restricted housing.
Mr. Ceja responded that with age -restricted housing there is an age qualifier
to get into that housing. In this case, as already mentioned by staff and
Applicant, because of the proximity to an elementary school, staff doesn't
feel it's the most appropriate site for an age -restricted product. Staff believes
it will be open to anyone and not just people of a certain age that might
frequent the shops or utilize the school.
Councilmember Weber asked how does it affect the Applicant if it's not
age -restricted.
Mr. Ceja replied it would limit the types of development that could happen at
this site, particularly, senior care or assisted living.
Councilmember Harnik said she appreciated the idea of saying anything
more than three stories requires approvals to avoid destroying others
privacy. She also likes having mix -use and retail and/or other types of
storefronts that people who live in the surrounding areas can use, because
it has to be pedestrian friendly. With regard to the age -restriction issue, she
was not in favor of it. She likes to think everyone is welcomed in Palm
Desert, and if the City offers quality and affordable housing, it will be
appealing to those people who otherwise might buy age -restricted. The
comment that there will be medical buildings across the street is valid, but
the people who work there need housing. The City already has a lot of age -
restricted housing in the area and she wouldn't want to add to it, because
with market -rate and affordable housing it opens it up to first-time buyers,
seniors, the workforce, etc. Therefore, she would not support age -restricted.
Responding to question, Mr. Ceja confirmed staff's recommendation does
not include age -restricted, stating the Resolution has a specific condition that
would not allow it. Further responding, he said a three-story building has a
maximum height of 40 feet.
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Mayor Nestande asked how tall were the hotels in the north sphere, because
she thought they went up to 54 feet, questioning it would be too restrictive to
limit them to 40 feet.
Councilman Jonathan pointed out the staff report references three stories at
40 feet, but in the next paragraph it indicates that the PC-2 Zone allows for
45 feet. His question is what would be built into this specific plan and/or
what would the developer be entitled.
Mr. Ceja said the developer would be entitled to 40 feet for a three-story
building. Further responding, he said any development on these parcels
would have to go through the ARC and Planning Commission.
Councilman Jonathan asked about the significance of the 60 feet.
Mr. Ceja offered that hotels could go up another story up to 60 feet for hotel
and mix -use developments.
Mayor Pro Tem Kelly called attention to the chart in the staff report, showing
as Exhibit 8 in the Specific Plan. She takes the chart to govern the Specific
Plan as opposed to the narrative in the staff report. Therefore, there is the
potential height of four stories at 60 feet for hotel or mix -use. She asked
about the intentions for the empty space in the General Plan, which is across
from Parcel 2.
Mr. Stendell responded the parcel to the south is currently vacant and is
serving as a temporary water retention basin. It's in the regional retail district
in the General Plan, and the intent and purpose is to provide large retail
development associated with freeway connection to the corridors. If you look
at build, form, and character, building can generally go up to three stories in
height on the vacant parcel to the south. To the east of the vacant space is
a project, the Enclave, which is a two-story apartment complex.
Mayor Nestande asked about the minimum needed for a hotel to build three
stories.
MR. CHAMBERS indicated it was 50 feet.
Mayor Nestande offered that from her discussion with hotel developers, they
are telling her they need four stories to be viable. She suggested keeping
it at 50 feet, which was aligned with what already existed, and anything
above it will need approval.
Mayor Pro Tem Kelly stated that although she was sensitive to heights, she
was supportive of Mayor Nestande's suggestion in this location, because this
is an ideal location for some height since some of the bordering properties
are commercial. The intentions for parcels 3 and 4 are multi -family and
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
larger buildings. On the topic of age -restricted development, she believes
it has a place, and it has lots of places currently in Palm Desert. No one can
accuse Palm Desert of excluding opportunities for age -restricted housing.
At present, the City needs more worker housing to achieve many good public
purposes. Therefore, she supports staff's recommendation.
Councilman Jonathan concurred, and he liked the Mayor's idea of allowing
four stories, but limiting it to 50 feet. However, he continues to have
concerns, so as an application makes it way through ARC and Planning
Commission, he hopes they will take into consideration massing and location
of a 50-foot structure. He said having a 50-foot structure up against the
eastern boundary of parcel 1 and 2 might be problematic, but if it's massed
or it's more toward the center of Monterrey Avenue, it might be acceptable.
Also, he certainly concurred with his colleagues comments on the age -
restricted housing.
Mayor Pro Tem Kelly moved to: 1) Waive further reading and adopt Resolution No.
2020 - 17, approving a Specific Plan document, including the two (2) recommendations
below, Tentative Parcel Map (TPM) 37234, and adoption of a Mitigated Negative
Declaration (MND) of Environmental Impact; 2) Planning Area 4 shall require a minimum
of 200 residential units per the Housing Element. The Developer of Planning Area 4 may
take advantage of the Housing Overlay District, per Ordinance No. 1353, through a Precise
Plan application; 3) The Specific Plan shall not include any age -restricted housing, with
amendment wherever it appears of 60 feet to be 50 feet maximum height for Hotel and
Mixed Use. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
C. REQUEST TO CONDUCT THE THIRD PUBLIC HEARING ON CREATION
OF VOTING DISTRICTS, RECEIVING COMMUNITY INPUT ON THE
DRAFT COUNCIL DISTRICT BOUNDARY MAPS; SELECT ONE OF THE
PROPOSED, POPULATION -COMPLIANT MAPS OF DISTRICT
BOUNDARIES, OR PROVIDE DIRECTION FOR STAFF TO DEVELOP A
DIFFERENT MAP THAT MEETS THE DESIRED CRITERIA; AND
CONFIRM THE CURRENT PROPOSED ELECTION SEQUENCING IN
ORDER TO IMPLEMENT DISTRICT VOTING IN TIME FOR THE GENERAL
ELECTION ON NOVEMBER 3, 2020.
Ms. Aylaian stated this was the third in a series of public hearings through
which the City of Palm Desert will move from At -Large Voting to District
Voting. In addition to the public hearings, the City had two public forums and
outreach efforts ongoing since it embarked upon this process several months
ago. At this point, this will be the first time where the City Council will be able
to consider maps. A packet of maps were provided with the Agenda.
Mr. Justin Levitt from National Demographics Corporation will again walk
Council through the process and what will be solicited from Council at this
third public hearing.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
DR. JUSTIN LEVITT, Representative from Nation Demographics Corporation
(NDC), said this was the third public hearing, and the first time where maps
are being revealed. The City had two public hearings in February where
testimony was received on communities of interest. There was also an
opportunity for members of the public to submit maps prior to this third public
hearing in order to publish them within the 7-day window. There is a second
opportunity for members of the public to submit draft maps by tomorrow,
March 13, 2020, in order to have them process and published in time for the
fourth public hearing of March 26. He explained that in order for Council to
discuss any new maps submitted, they are to be published at a minimum of
7-days prior to the public hearing. He said NDC has received two additional
maps over the last week, but he is unable to show them and/or to be
discussed this evening by Council. However, members of the community are
able to talk about them. He noted that new maps will continue to be posted
on the website. Any updates or changes suggested this evening, will also be
part of that process. Final adoption of the maps will happen in April, which
will lead to using them as district boundaries in the November 2020 Election.
In 2021, the City will again take a look at the population numbers, the Voting
Rights Act, and determine if the boundaries will need to be adjusted. After
the 2021 update, the City will use the revised boundaries starting in 2022.
He briefly went over the requirements, stating districts have to have the same
number of total residents, which includes everyone counted from the 2010
Census, and you are required to follow the Federal Voting Rights Act. While
race and ethnicity cannot be the only factor to consider when looking at a
district, it must be one of many factors looked at together as the different
plans are evaluated. California also lists, starting this year, a set of criteria
in numerical order. Districts have to be contiguous, which means a district
has to be one piece, containing undivided communities of interest. In other
words, the district doesn't cut a neighborhood or a group of people. Also,
districts need easily identifiable boundaries, the principal being, voters
understand where they live and know which district they fell under. Also, you
are not to bypass one group of people by creating jagged edges, hooks, or
finger shape neighborhoods on the map. There are other principals courts
have recognized in respecting the voters wishes, in terms of reelection.
Specifically, in terms of the settlement, they are looking at one central district
and one outer district. The central district should contain 1/5 of the City's
population, and the outer district needs to contain the remaining 4/5ths.
Total maps received are ten, seven are public maps, and three are NDC
maps. All maps received were for two districts with the central district and
an outer district; no other alternative arrangements were received. He said
four of the public maps did not meet the legal criteria; three were not
population balanced; and one map was not contiguous. However, they did
received three maps that were population balanced that met the basic legal
requirements, noting Jan Buller submitted two of them. In summary, maps
for consideration are JBuller 1 and 2, MMcliroyl , and NDC1, 2, and 3 draft
maps. He added NDC maps incorporated feedback received at the
workshops and public hearings as follows: NDC1 - focused on making the
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
map recognizable with its very clean lines. It's a very compacted district and
easy to understand, and it's 40% Latino of eligible voters; NDC2 - this map
drops the western end near Palm Desert Town Center and instead adds the
multi -family housing just north of the White Water River. This links some of
the larger multi -family housing projects or developments; NDC3 - is a map
they attempted to address that was not contiguous, but otherwise met the
criteria. They moved one block out of the central district into the outer district
to make it a continuous map and are available to legally adopt if Council was
interested in that proposal. In addition to all the maps being available this
evening, NDC has an interactive web viewer where people can zoom into the
details to these maps. All the mapping tools will continue to be online and
accessible if people wished to make further changes or adjustments. He
pointed out that Council was not selecting a map this evening, but he hopes
to get direction or feedback from Council on any of the maps and moving
forward to the fourth public hearing.
Mayor Pro Tem Kelly asked about the population range for the central
district.
DR. LEVITT replied central district requires 9,800 people, give or take 200
or 300 in either direction, and the outer district has to have 38,500 people.
He said you take the total population number and divide it by five.
Mayor Pro Tem Kelly noted she tried to access the most sophisticated tools
in the last 24 hours and twice it would not let her enter, despite the fact she
was registered correctly. She asked that the app be checked, because she
tried it from two different computers. If the City expects residents to submit
additional maps within 24 hours of today, it needs to be made possible. She
asked questions about one of the maps and Dr. Levitt responded
accordingly.
Councilman Jonathan said he understood the target number is 9,800 based
on the 2010 Census, and that for the 2020 Census, the City will have to go
through this process again. He asked if the process was similar to what the
City did this year.
DR. LEVITT explained that for redistricting, the new State law applies, so the
City will have to hold one hearing before the draft maps, and two hearings
after the maps are drafted. However, Council will have more flexibility and
control on the process.
Mayor Nestande declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time.
MS. ESTELLE DAHL, Rutledge Way, Palm Desert, questioned why the City
refers to the area north of Fred Waring Drive between Monterey and Portola
as the downtown district when Webster's dictionary defines downtown as the
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
area in a city where businesses are located, yet there are none in the area
she just mentioned. She said the Civic Center and College of the Desert
were irrelevant, because no one lives there and no one has that as their
voting address, stating only single-family homes can be found in that area,
so she doesn't view it as down town, and it should not be included. In the
end, what matters is that no area of the City should be limited to one
councilmember when everyone else gets four; it's inherently unfair. She said
we live in a democracy so the City should be made equal with five districts.
She asked the City Council to do the right thing.
MS. KARINA QUINTANILLA, Portola Avenue, Palm Desert, offered she and
her neighbors had difficulty submitting maps, and she's technologically
savvy, so she wondered if it was a matter of the device she was using. For
future reference, when the City does eventually go to five districts, perhaps
having an interactive meeting done at a place where they are seated in front
of computers would be most helpful. She added there are computer labs
available at Cal State, UCR, College of the Desert, and the public library
where the tools can be made available to help them shape the districts. She
noted she submitted a drawn map at one of the meetings, but understood
she didn't meet the population needs. Also, one of the demographers
laughed and made jokes about the difficulty in drawing a map and that many
give up. She thought the comments were in bad taste and they didn't bode
well. When she and Lorraine accepted the lawsuit settlement, they knew two
districts was not enough, but they understood the 2020 Census will show
population growth, and ultimately changes would need to be made. They
agreed to two districts to get things started and out in the open, letting
everyone know how to move forward, so that when they arrive at five
districts, everyone will know how they want to be represented. She supports
the newly submitted map Elyl , which was submitted after the deadline date
for this meeting. As already mentioned by Ms. Estelle Dahl, most will
continue to echo the sentiment that five districts is what residents ultimately
want. She understood right now everyone is looking at how to proceed with
two districts for this coming election, but after the 2020 Census, they will be
looking to see how soon Council will address what the general public really
wants, which is five districts.
Ms. Aylaian read into the record the following email: My name is Charlie
Aura, and I am a Palm Desert resident. A little over two years ago on
February 11, 2018, I first spoke before Council in favor of switching to district
elections. I note that progress to this goal has been made by way of a
settlement, and I applaud Council and staff in involving the community in this
process. I am in favor of Ely1 map proposed by the Plaintiffs and submitted
by demographer David Ely via the Plaintiff's Attorney. However, I just
learned this map did not arrive in time to be included in today's hearing. It
is now on the City's website and included for deliberation at the March 26,
2020, meeting. After reviewing the proposed maps, I figured the Plaintiff's
map, Ely1, provides the maximum opportunity for protected class under the
28
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
CVRA to achieve the representation, and it is the most consistent with the
settlement.
MS. MONICA MCILROY, Arbolita Drive, Palm Desert, divulged she
submitted a map and hopes it's considered. She understood the boundaries,
but the app was not user friendly. She's sad this matter has come to this,
because she loves Palm Desert and didn't want to live anywhere else. She
submitted a map thinking it would be the best solution to keep people united.
MS. JAN BULLER, Somera Road, Palm Desert, stated she drew her maps
by hand using the calculator to get the numbers right. For her, the map for
the central district should include these minimums: Civic Center and all its
resources, the area of Magnesia Falls to El Paseo, and Monterey Avenue to
Portola. Based on input from friends living within this geographic confine, it
needs to include Sacred Heart Church and the school. Her map ideally
would include multiple elementary schools, including Washington Charter if
it can be accommodated by making adjustments to the blocks. Personally,
she is inclined to the following three maps: MMcllroy 1, JBuller 1, and NDC 2,
because they all incorporate her minimums. They add a second significant
Hispanic community, a second commercial district along Cook Street, and
two of the maps include Palm Desert High School, a major City resource.
She noted several of the maps showed district 1, entirely south of the wash
and included her minimum preferences and incorporated other significant
Hispanic communities, and another major business district. Some maps
seem close to zeroing in on a central district that could work, and it also
supports the settlement agreement; it's achievable in time for the 2020
election.
With no further testimony being offered, Mayor Nestande declared the public
hearing closed.
Mayor Pro Tem Kelly thanked those who participated by submitting maps,
because a lot of great work is represented. When she received the packet
and looked at the choices, she was very pleased for the great material
received. With the current timing and the advice to follow social distancing
due to the Coronavirus situation, it may not be possible, but certainly the
comment that it would be preferable for the City to offer an opportunity for
someone to receive in -person help at a public location. It may not be
practical in the next two weeks, but the City should take account of it moving
forward. As already mentioned previously, NDC1 appealed to her because
of its compactness, clarity, and geographic cohesion. It struck her the public
at large will be influenced by whether it appears that decision makers have
done something creative to achieve strategical compactness and geographic
cohesion, which suggests objectivity. She asked Mr. Levitt to provide
variations, which exclude the portions of Monterey Country Club that are in
NDC1, because she didn't believe there was a community of interest there.
She went on to provide further feedback and suggestions for this map, so
29
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
that alternatives could be created for the next meeting.
Councilman Jonathan agreed there was appeal to NDC1, because of its
simplicity and it's geometrical. However, he's concerned it divides a
community, which goes against the objective of maintaining neighborhoods
and community character. He provided feedback and suggestions as well,
incorporating some of the aspects from JBuller1 and JBuller2.
MR. LEVITT believed he had direction to take map NDC1 and remove the
Monterey County Club portion of that corner, keeping the mobile home park,
and find ways to balance the population out to the degree needed, with some
other community that can make the connection.
Councilmember Harnik appreciated that this map includes Civic Center Park,
College of the Desert, and Lincoln Elementary, because these are important
assets of the community.
Mayor Nestande commented Council was still in its listening mode and would
not be making a selection this evening. She thanked those who attended the
meeting to participate, including those who submitted maps.
Councilman Jonathan requested staff provide 11 x14 size maps where the
street names can be read. Mayor Nestande concurred.
XVIII. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. Southern California Association of Governments (SCAG) - she and
Mayor Pro Tem Kelly have been working on the Regional Housing
Needs Allocation, stating she felt they were moving in the right
direction.
2. Palm Desert Fire Department - received a phone call from her elderly
friend who is 80 years old that had an incident where all her alarms
went off. She called to praise the Fire Department and to tell her how
wonderful, gracious, helpful and kind they were to her.
B. Councilman Sabbv Jonathan Committee Reports and General Comments.
1. Wildflower Festival - March 7.2020 - reported it was the second time
this event was held at the Civic Center Park, and it was amazingly
successful. He liked that Public Safety was incorporated to this event
instead of the Baseball Opening Day event, because he felt they had
an impactful presence. He thanked Tammy Martin, Friends of the
Desert Mountain, and their many volunteers on a very successful
event.
30
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
2. The Living Desert 50'h Anniversary Gala - reported a record was set
for annual galas' in the desert as they raised about $2.7 million toward
the capital campaign. Not only was money raised, but they are
transforming The Living Desert with those funds into something that
will continue to be an asset for Palm Desert and the Coachella Valley.
C. Mayor Pro Tem Kathleen Kelly Committee Reports and General Comments.
1. Virginia Waring Piano Gala - reported Brian and Jan Harnik were
honored at the Gala, which was richly deserved and wonderfully done.
She noted the Virginia Waring Competition attracts international
attention to Palm Desert, so it was a pleasure to be present to support
the cause and see the featured honoree's.
D. Councilmember Susan Marie Weber Meeting Summaries Report for the
Period of February 16-29, 2020.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
E Mayor Gina Nestande Committee Reports and General Comments.
None
F City Council Requests for Action.
1. Request for Agenda Item on Desert Community Enerav -
Councilman Sabby Jonathan recalled for the City Council a
previous discussion and consideration for going green with its
municipal accounts. Council requested DCE provide answers,
specifically, what it would cost the City and when would it need
to make a decision. It turns out that if this is going to be
effective for 2021, a decision by the City would need to be
made by April 16. He knew a white paper was being
developed on the subject, but he wants staff to come back at
the meeting of March 26 with a report incorporating the
information provided by DCE for Council to discuss their
findings.
2. Request for Agenda Item on the 10 acres north of Gerald Ford
Drive - Mayor Gina Nestande stated she would like to discuss
Mr. Dan Horn's affordable housing project on the 10 acres
north of Gerald Ford Drive and forego a Request for Proposal
process. From what she has gathered from talking to
Mr. Horn, is that he could have a wonderful affordable housing
project ready to go. She understood staff was spread thin on
two other affordable housing projects, but she would like to get
it on the agenda to at least discuss it.
31
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
Ms. Aylaian agreed to place this item under Closed Session
before the month of May to discuss with a disposition on that
property and how Council would like to handle it.
G. City Council Consideration of Travel Reauests/Reports.
None
XIX. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manaaer's Meeting Summaries Report for the Period of
February 17-28, 2020.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
2. Coronavirus - She thanked staff for their work these past couple of
days, and the work to come, in tracking the multitude of information
from many governmental sources regarding the Coronavirus. Also for
their quick action to better protect the public, including making sure
this meeting, among others, is acceptable, comfortable, and safe. She
also thanked Mr. Frank Orlett from Burrtec for delivering the two
impressive hand sanitation stations provided for this evening's
meeting. Additionally, staff will be working on some procedures to put
in place, as the Governor has made allowances regarding the Brown
Act, so that at the next meeting the public can have even more
options to participate without having to be in the Council Chamber.
She encouraged the public to continue to watch the website regarding
information that will be shared as it's received.
B. City Attorney
Coronavirus followup: Mr. Hargreaves reported it's been a fast
evolving situation with respect to the response of the Coronavirus.
The Governor came down with an order this morning to waive some
of the Brown Act requirements as mentioned by the City Manager.
Another requirement waived was that Councilmembers can attend a
meeting remotely and the location does not need to be divulged. If
Councilmembers are uncomfortable operating in this environment, the
City will have the ability now, going forward, to remote them in to
participate. Efforts will also be made to make the same kinds of
accommodations for the public. The idea going forward is to continue
City business, but keeping everyone safe as much as possible.
32
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020
C. City Clerk
None
D. Public Safety
1. Fire Department
None
2. Police Department
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Nestande djourned the meeting at 7:00 p.m.
rV
GINA NESTANDE, MAYOR
ATTEST:
RA ELL D. ASSEN, 3 CLERK J
CITY OF PALM DESERT, CALIFORNIA
33