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HomeMy WebLinkAboutPrelim Min- CC - 03-12-2020wm. PRELIMINARY MINUTES 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. Hamik Councilman Sabby Jonathan Mayor Pro Tern 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. Sheriff's Dept. Grace L. Rocha, Deputy City Clerk Ill. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION PRELIMINARY MINUTES DRAFT 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 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 Vill. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATION DECLARING MARCH 2O20 AS "CENSUS MONTH" 1N 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 orderfrom California GovemorGavin 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/COV1D-19 pandemic. The County's public health website includes a regularly updated page - rivcoDh.ora/corona virus -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@citvofoalmdesertora. 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 PRELIMINARY MINUTES DRAFT 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. .19 PRELIMINARY MINUTES DRAFT 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. y PRELIMINARY MINUTES RAFT 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 Hamik, 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. 0 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT 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 Tern 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 Hamik and carried by a 5-0 vote (AYES: Hamik, 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 Tern 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 Tern 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 Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 B. For Adootion: 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: Hamik, 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 Hamik and carried by a 5-0 vote (AYES: Hamik, 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. 0 CRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH t 2, 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 Mr. Friedman to let him know that was not the case, because only the City Council can authorize a continuance. Mr. 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 Mr. 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 staff's 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 Hamik 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. �'' PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 He said you are allowed to exceed certain height requirements based on the 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 Tern Kelly asked if only chimneys were abovel8-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 Tern 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 Tern 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 staff's 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: Hamik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 10 PRELIMINARY 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 higherthan 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 Tern 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 PRELIMINARY MINUTES RAFT 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 leaming curb has been very steep on this issue, and staff has made an outstanding effort in rallying the community to make it clearto 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. 12 PRELIMINARY MINUTES RAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 Mayor Nestande agreed, stating she met with the consultants last week, and 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 forthe 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: Hamik, 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 TOTHE 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. CZIPP/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 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 has indicated they would develop one site at a time and going through the 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'/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 Tern 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 14 PRELIMINARY MINUTES RAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 with a park unless the applicable procedures are followed to secure a 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 Jaen 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 15 PRELIMINARY MINUTES RAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 standards of the Champion, because the Executive is going to transition from 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 21 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 into 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 1 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 1 thought I 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 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 question, but right now its dust bowl. He noted that land is available to them 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 othertwo 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 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 mow, this one particular day there was so much dust she couldn't see across 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 Tern 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. 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 First, the City would need to accept the land to be able to develop the park. 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 Tern 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'/a acres. Mayor Pro Tern 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. Ceta 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 DRA PRELIMINARY MINUTES FT 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 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 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 forsite 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 Hamik 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. 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 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 lowerthe 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 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 22 PRELIMINARY MINUTES CRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 Hamik 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. 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. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 Tern 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 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 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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: Hamik, 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 ORDERTO 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. 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 25 DRA PRELIMINARY MINUTES FT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 opportunity for members of the public to submit maps priorto 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 November2020 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 overthe 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, MMcllroyl , 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 map recognizable with its very clears lines. It's a very compacted district and easy to understand, and it's 40% Latino of eligible voters; NDC2 - this map drops the westem end near Palm Desert Town Center and instead adds the multi -family housing just north of the White Water River. This links some of 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 Tern Kelly asked about the population range for the central district. DR. LEVITT replied the 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 of the City and divide it by five. Mayor Pro Tern 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 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, 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 joked about the difficulty in drawing a map that many people give up, which didn't bode well. In fact, it was in bad taste. When she and Lorraine considered whether or not to accept the lawsuit settlement, they thought two districts were not enough, because five districts is their ideal goal, but they knew the 2020 Census will show population growth, requiring changes to be made. They agreed to the 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 are 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 out loud an email received as follow: My name is Charlie Aura, and I am a Palm Desert resident. A little over two years ago on February 11, 2018,1 firstspoke before Council in favorof switching to district elections. I note that progress to this goal has been made by way of a settlement, and I applaud Council and staffin involving the communityin this process. I am in favor of Elyi map proposed by the Plaintiff's and submitted by demographer David Ely via the Plaintiff's Attorney. However, 1 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 CVRA to achieve the representation, and it is the most consistent with the settlement. 28 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 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 Tern 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 that alternatives could be created for the next meeting. 29 PRELIMINARY MINUTES RAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 Councilman Jonathan agreed there was appeal to NDC1, because of its simplicity and it's geometrical. However, he is concerned that it divides a community, which he thought was one of the objectives of drawing a map is to maintain neighborhoods and community character. He provided feedback and suggestions as well, incorporating some of the aspects from JBullerl 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 for consideration. 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 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 2. The Livina Desert 501" 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. Mavor Pro Tern Kathleen Kellv Committee Reports and General Comments. 1. Virainia Warina Piano Gala - reported Brian and Jan Hamik 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 Mavor Gina Nestande Committee Reports and General Comments. None F. City Council Reauests for Action. 1. Reauest for Aaenda Item on Desert Communitv 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 tums 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. Reauest for Aaenda 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. Ham, 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 31 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2020 it on the agenda to at least discuss it. 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/Reoorts. None XIX. STAFF REPORTS AND REMARKS A. City Manager 1. City Manaaer's Meetina 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 followuo: 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 forthe public. The idea going forward is to continue City business, but keeping everyone safe as much as possible. 32 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT 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 adjourned the meeting at 7:00 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR 33