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HomeMy WebLinkAbout10A Prelim Minutes - City 03/12/2015PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 12, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Mayor Susan Marie Weber X-a Absent: Mayor Pro Tern Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co Grace L. Mendoza, Deputy City Clerk Sheriff's Department III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MR. KENNETH DORAN, Elkhorn Trail, Palm Desert, approached the Council to speak about the City Manager's contract. Upon inquiring whether or not the contract was specifically being considered at this Closed Session under Item B - Public Employment, below, he was informed that today's consideration was for the purpose of an evaluation. He then indicated that he would prefer to wait until the contract was on the agenda for consideration before making his comments. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:03 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Van G. Tanner VII. INVOCATION - Councilmember Jan C. Harnik NATIONAL ANTHEM - Moe Brown, Motor Coach Operator, SunLine Transit Agency Mayor Weber thanked Mr. Brown and commented that she was able to hear him sing at the ribbon -cutting for the new SunLine Transit Agency headquarters on January 28. She was so moved by his performance that she took it upon herself to invite him to this Council Meeting to share his talent with the City of Palm Desert and knew that everyone here would be as well. VIII. ORAL COMMUNICATIONS - B None 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REMARKS TO THE CITY COUNCIL BY SUNLINE TRANSIT AGENCY GENERAL MANAGER LAUREN SKIVER. MS. SKIVER thanked City Councilmembers for the opportunity to appear before them today and to make some remarks about Mr. Moe Brown, who just sang the National Anthem at the opening of the meeting, and about the SunLine Team. She said that Mr. Brown was a dedicated 25-year employee of SunLine Transit Agency, and not only does he demonstrate customer service and a connection to the community, but also has a talent that he shares with the world, and she was very grateful to have him on the SunLine Team. She added that Mr. Brown was representative of the fabric of service at SunLine — it's about Coachella Valley residents, getting them to work and school, and to anything they need to do or enjoy here. She went on to further call attention to the need for service — the Coachella Valley has a highly transit -dependent population that utilizes SunLine, with 14% of the riders being by their choice. She said many were still unaware that SunLine runs a 220 Commuter Link to Riverside where riders can catch the Metrolink and enjoy different connections into Los Angeles. This year they are working to ensure greater publicity of the services SunLine provides, since many still aren't aware of all the places they go, and it's theirjob to let people know that they have an option other than driving. She pointed out that if they're a school -age person, they have a way to get around the Valley that doesn't include a car, as well as anyone who just wants to ride the bus, meet people, and be environmentally conscientious are the customers they're seeking. She said she would like to come before Council again in the next several months to talk about some exciting plans for expansion that includes Palm Desert, along with some plans for the Town Center to make it a more artful place for people to ride the bus. She again thanked City Councilmembers for hosting her, Mr. Brown, and SunLine's Deputy Chief Operations Officer Mannie Thomas today at the meeting. On behalf of the City Council, Mayor Weber thanked Ms. Skiver for the update, Mr. Brown for sharing his talent, and Mr. Thomas for being present today. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 26, 2015. Rec: Approve as presented. 3 PRELIMINARY MINUTES DRAT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 193, 198, 199, and 200. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Elephant Bar Restaurant, 73833 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pho Vu, 34260 Monterey Avenue, Suite 101, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of October 13, 2014. 2. Cultural Resources Preservation Committee Meeting of March 25, 2014. 3. Library Promotion Committee Meeting of November 19, 2014. 4. Marketing Committee Meeting of January 20, 2015. 5. Parks & Recreation Commission Meeting of January 13, 2015. Rec: Receive and file. F. LETTER OF RESIGNATION from David Koller - Citizens' Sustainability Committee. Rec: Receive with very sincere regret. G. LETTER OF RESIGNATION from Leslie Roth — Cultural Resources Preservation Committee. Rec: Receive with very sincere regret. H. PALM DESERT STATEMENT OF INVESTMENT POLICY. Rec: By Minute Motion, receive and file the City of Palm Desert Statement of Investment Policy as presented. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23210H — Freedom Park Well Site Project (Project No. 713-13) (Valley Pipeline Services, Inc., Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. REQUEST FOR APPROVAL of the 2015 Spring Concert Series. Rec: By Minute Motion, approve/authorize- 1 ) 2015 Spring Concert Series Schedule. 2) Contract with The Latin Society in the amount of $0.00 (Contract No. C34250A). 3) Contract with Downbeat LA in the amount of $2,800 (Contract No. C34250B). 4) Contract with VATH Music, LLC, in the amount of $3,000 (Contract No. C34250C). 5) Contract with Common Sense in the amount of $2,500 (Contract No. C34250D). 6) Mayor to execute said contracts. 7) Expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, in the amount of $8,800 for professional staff, instrumental equipment, sound and lighting services in conjunction with the concerts (per Contract No. C33810). 8) Expenditure with Morris Desert Media in the amount of $5,049.20 for radio promotion and live remotes in conjunction with the Concert Series. 9) Miscellaneous expenditures in an amount not to exceed $3,000 for production of the 2015 Spring Concert Series — funds for all of the above are available in Account No. 110-4416-414-3061. K. REQUEST FOR APPROVAL of the 2015 Palm Desert Century Recreational Bicycle Ride, Including Road Closures, Amplified Sound, and Vendor Sales on Saturday, November 14 (Shadow Tour, LLC, Applicant). Rec: By Minute Motion, approve: 1) Palm Desert Century Recreational Bicycle Ride on November 14, 2015; 2) road closures at University Drive from College Drive east to west; 3) southbound lane closure of College Drive between University and Frank Sinatra; 4) waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 5) waiver of Palm Desert Municipal Code Section 11.01.180(Q) - Prohibited Conduct Generally in City Parks - Vendor Sales. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 L. REQUEST FOR APPROVAL of Temporary Use of Alcohol at the Palm Desert Evening Farmers Market Events Located at 72559 Highway 111. Rec: By Minute Motion, approve a temporary waiver to Palm Desert Municipal Code Section 9.58 - Possession/Consumption of Alcohol on City Property in conjunction with the Evening Farmers Market Events. M. REQUEST FOR APPROVAL of Out -of -State Travel for Director of Public Works and Transportation Engineer to Attend the International Transportation Engineers Western District Meeting in Las Vegas, Nevada, July 19-22, 2015. Rec: By Minute Motion, authorize Out -of -State Travel for the Director of Public Works and the Transportation Engineer to attend the International Transportation Engineers (ITE) Western District Meeting in Las Vegas, Nevada, July 19-22, 2015 — funds are available in Account No. 110-4300-413-3120 - Administration Conference/Seminars/Workshops. Mayor Weber said although she didn't want to hold Item J over for separate discussion, she wanted to comment on the Spring Concert Series, commending Administrative Secretary Amy Lawrence for all her good work on these events. She'd received many positive comments from the public on the City's Concert Series and applauded City staff for working so hard to make them very successful. Upon a motion by Harnik, second by Tanner, and 4-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None L PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 XII. RESOLUTIONS A. RESOLUTION NO. 2015 - 12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO.2014-70 - SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS — POSITION 30100 - HUMAN RESOURCES ASSISTANT, GRADE 95, STEPS 1-8. Mr. Gibson reported on behalf of Human Resources Manager Lori Carney, stating this was a housekeeping item. In January the Council adopted the new classification title for the Human Resources Assistant; however, staff failed to add the grade 95 to the Salary Table, which is what this item is about. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2015-12. Motion was seconded by Tanner. Councilman Tanner noted this position was within the budget, because the position was downgraded. Mr. Wohlmuth added the Human Resource Technician retired, and instead of replacing that position, the position was reallocated at a lower level, given that the City has another technician in the Human Resources Department. Therefore, this didn't add an additional person, the position was simply reclassified to Assistant where it was once Technician. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XIII. ORDINANCES A. For Introduction: None B. For Adoption: None 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO DVBE ASAP, INC., IN THE AMOUNT OF $96,300 FOR CONSTRUCTION OF THE 2015 CURB RAMP MODIFICATION PROJECT (CONTRACT NO. C34140, PROJECT NO. 753-15). Mr. Greenwood stated that whenever the City resurfaces its streets, staff needs to make sure wheelchair ramps meet the current Americans with Disabilities Act (ADA). This project is to replace 27 wheelchair ramps at locations indicated in the staff report. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for Construction of the 2015 Curb Ramp Modification Project to DVBE ASAP, Inc., Moreno Valley, California, in the amount of $96,300; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $9,630; 3) authorize the Mayor to execute the contract — funds are available in Account No. 231-4312-433-4001 - New Construction Tax/ADA Curb Ramp. Motion was seconded by Jonathan. Councilman Jonathan inquired about the number of locations. Mr. Greenwood replied it affected a total of 47 locations, stating that at some locations the City is only adding truncated domes, and others will require rebuilding existing wheelchair ramps. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). B. REQUEST FORAWARD OF CONTRACT TO UNITED PAVING COMPANY IN THE AMOUNT OF $106,484 FOR CONSTRUCTION OF THE SUBSTATION PARKING LOT REHABILITATION PROJECT (CONTRACT NO. C34160, PROJECT NO. 750-15). Mr. Greenwood stated this was a parking lot rehabilitation project at the Sheriff's substation, and staff recommended approval. Councilman Jonathan asked if this was an expected maintenance within the normal timeline, stating he didn't know when it was last done. Mr. Greenwood said it had not been maintained since it was constructed over 20 years ago. Councilmember Harnik moved to, by Minute Motion: 1) Award the subject contract for Construction of the Substation Parking Lot Rehabilitation Project to United Paving Company, Corona, California, in the amount of $106,484; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $10,648.40; 3) E-* PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 authorize the Mayor to execute said contract — funds are available in Account Nos. 110-4313-433-3320 and 231-4313-433-3320 - General Fund and New Construction Tax Accounts for Parking Lot Maintenance. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). C. REQUEST FOR APPROVAL OF PAYMENT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) IN THE AMOUNT OF $103,000 FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER FOR FISCAL YEAR 2015-2016. Mr. Gibson stated staff is requesting the Council fund the coming year, adding the City has a commitment of ten years with CVAG and it goes out to 2018, and payments of this size go before the Council for approval. Responding to question, he confirmed this was the same payment amount that was given last year. Councilman Tanner moved to, by Minute Motion, approve payment to CVAG for the operation of Roy's Desert Resource Center in the amount of $103,000 for FY 2015-2016. Motion was seconded by Jonathan. Councilman Jonathan questioned why it was before the Council now instead of waiting for the budget. Mr. Gibson replied Roy's Desert Resource typically wants the funds by July 1; therefore, he tries to get it approved before going into the budget process. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). D. REQUEST FOR APPROVAL OF PALM DESERT'S 2015 INDEPENDENCE DAY CELEBRATION. Administrative Secretary Amy Lawrence noted the staff report and offered to answer any questions. Mayor Weber congratulated staff for last year's event, stating the audience totally liked Swing Cats. Councilman Jonathan inquired if staff knew if Rancho Mirage and/or Indian Wells might react to the City's suggestion that they fund a portion of the cost. �61 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Ms. Lawrence replied that Rancho Mirage participated last years, but Indian Wells did not, adding that after this request is approved, staff will be sending letters to solicit. Councilman Tanner moved to, by Minute Motion, approve/authorize: 1) The 2015 Independence Day Celebration on Saturday, July 4; 2) contract with Pyro Spectaculars by Souza in the amount of $38,000 for professional staff and pyrotechnic supplies and services for the fireworks display (Contract No. C34260A); 3) contract with Dan Methe - Swing Cats Big Band in the amount of $3,650 to provide instrumental and vocal entertainment (Contract No. C34260B); 4) Mayorto execute said contracts; 5) expenditure with Lin Lines in the amount of $2,000 for shuttle service to and from the event; 6) expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, in the amount of $2,500 for professional staff, instrumental equipment, sound and lighting services in conjunction with the concert; 7) miscellaneous expenditures in an amount not to exceed $7,500 for the event; 8) preapproval of line item for FY 2015-2016 Budget for the event. Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). E. REQUEST FOR APPROVAL OF AN EARLY FUNDING COMMITMENT OF $50,000 TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP'S BUDGET FOR FISCAL YEAR 2015-2016. Economic Development Manager Ruth Ann Moore stated she thought it might be helpful to do an overview on this item. The Coachella Valley Economic Partnership (CVEP) is a regional collaboration of the area cities, County of Riverside, companies, and area school districts working toward growing businesses and developing a skilled workforce for the Valley. Included in the staff report is the 2014 Return on Investment (ROI) Report, which focuses on business development for the City and Workforce Excellence Program for Palm Desert students. The Small Business Development Center (SBDC) operated by CVEP offers free consultation to entrepreneurs starting a new business and also assists in securing financing. During 2014, CVEP helped to create two new businesses in Palm Desert and assisted to secure $2.9 million in loans and equities to Palm Desert businesses. Additionally, SBDC assisted 31 Palm Desert businesses with more than 200 hours of counseling. These results help to create or retain 24 jobs in Palm Desert. The Coachella Valley iHUB is both a physical and virtual business incubator and accelerator campus that helps innovators launch job -creating businesses in the fields of renewable energy, medical technology, advanced manufacturing, and digital media. In 2014, five of the current businesses working for iHUB resides in Palm Desert, three of the businesses are located in Palm Desert by using the virtual services, and two of the businesses actually graduated from the iHUB and relocated to Palm Desert and opened physical locations. Finally, the CVEP Workforce Excellence Program has developed an in -school career academy around 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 specific industries such as healthcare, digitial arts, culinary arts, and renewable energy. The program also assists students with financial aid, counseling and support services. Of the $7.6 million in scholarships given to the students in the Coachella Valley, 153 are graduates from Palm Desert, and they have received $785,000 in scholarships. Palm Desert's participation in the regional organization assists with two of the economic development priorities within the City's Envision Palm Desert Strategic Plan. Those being Priority 1 - to expand job and business creation opportunities in the City, and Priority 2 - to expand quality education so that people are prepared for the workforce and the future. She said CVEP has lost some of its funding commitments over the last two years, which has created a shortfall in cash flow operation. While CVEP staff is out aggressively raising funds and cutting expenses, they have requested an early funding of the City's fiscal year 2015/2016 sponsorship dues. She said Joe Wallace the Interim CEO and Ezekiel Bonillas who heads up their SDBC Program are available to answer any questions. Councilman Jonathan inquired about the recommendation in the staff report. Ms. Moore explained that because there is not $50,000 in 2014/2015 budget, the funds need to be appropriated. Therefore, first the Council needs to approve the request and then appropriate the funds. Mr. Wohlmuth added the City has already funded the 2014/2015 commitment in the 2014/2015 budget; however, it did not include the 2015/2016 payment. Therefore, if Council is to approve this request, prior to the City's approval of the 2015/2016 budget, the funds would need to be appropriated. At that point, it won't show up in the 2015/2016 budget, but currently the existing budget doesn't have the $50,000. Councilman Jonathan stated that unless the Council took separate action to appropriate an additional $50,000, 2015/2016 will be on track with $50,000 a year, which is the City's commitment. Mr. Wohlmuth agreed. Councilman Tanner moved to, by Minute Motion: 1) Appropriate an additional $50,000 from Unobligated General Funds to Account No. 110-4430-422-3630 - Dues for Fiscal Year 2014-2015; 2) authorize the expenditure of $50,000 as a prepayment of the FY 2015-2016 Dues to the Coachella Valley Economic Partnership. Motion was seconded by Jonathan. Councilmember Harnik stated the Council now has a Return on Investment Report, adding it has always been a question as to what CVEP did. This report with bullet points makes it easy to read and understand. She thanked Interim Director Joe Wallace for coming up with this report, because it helps the Council understand what it's doing for the entire region. Additionally, 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Ezekiel Bonillas does an amazing job with small businesses and the return has been incredible. It is her understanding CVEP has to come up with $170,000 to keep the small business program going, yet it has generated $8 million in loans because of its efforts. Councilman Jonathan concurred, stating the other return that is less tangible but equally important is what CVEP does with the youth, both in training for variety of jobs and professions that don't necessitate going to college, as well as facilitating the application process for financial assistance. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES.. Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). F. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN FALCON CREST — 42204 GOLDEN EAGLE LANE (A.P.N. 624-431-012) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated this was a direct sale that is under contract, and staff needs Council approval for the down payment assistance for the buyer. Councilmember/Member Harnik moved to, by Minute Motion: 1) Approve silent down payment assistance loan associated with a direct sale in Falcon Crest, not to exceed 40% of the sales price of the home, to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 for a qualified low- or moderate -income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 G. REPORT ON CURRENT AND PLANNED CITY OF PALM DESERT TECHNOLOGY PROJECTS. Information Systems Manager Clayton Von Helf stated the report lists the City's current technology initiatives, their status, and where applicable the live date. Staff recommends Council receive and file the report. Additionally, if the Council chooses to move forward with Councilman Jonathan's suggestion of forming a work group for technology projects, staff recommends the Council appoint two Councilmembers to the Social Media and Related Technologies (SMART) team. Councilman Jonathan stated he loved the report and what the City was doing, adding he needed to be educated about the efforts being made, because he wants to make sure the City is current with technology. He shared he and Councilmember Harnik attended a luncheon today where Palm Springs City Manager spoke about the various measures it was taking to update their technology and making it user friendly for all types of on-line processing. His concern was not only that the City keeps up, but that it was at the forefront, but he sees that it's being done. He expressed his desire to attend the SMART team meetings and be able to observe and help in any way possible. Mayor Weber noted she had expressed interest at the last meeting and wants to be involved with this group, stating she has been talking with IT for quite a while. Councilmember Harnik stated that as one who attends the Marketing Committee and a few others, she is well aware of the many ongoing efforts, but she learned a lot more from the report. Councilmember Harnik moved to, by Minute Motion, receive and file the informational report on Technology Projects, and appoint Councilman Jonathan and Mayor Weber to the City's SMART (Social Media And Related Technologies) Team. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. H. REQUEST FOR AUTHORIZATION TO REJECTALL BIDS RECEIVED AND TO RE -BID THE 2015 CITYWIDE TREE PRUNING PROJECT (CONTRACT NO. C34130, PROJECT NO.932-15) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Greenwood stated that when the bids were opened for the annual Citywide Tree Pruning contract, staff learned that the apparent low bidder was nonresponsive, because the forms were improperly completed, and there was a significant oversight that staff couldn't work around. The second low bidder was significantly higher by about $40,000. Therefore, staff recommended rejecting all bids and rebidding the contract. Councilmember/Member Harnik moved to, by Minute Motion: 1) Reject all bids received as of 10:00 a.m. on Thursday, March 5, 2015, for the 2015 Citywide Tree Pruning Project; 2) authorize City staff to re -bid the project. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A NEW 674-SQUARE-FOOT DETACHED CASITA AND FACADE RENOVATION TO AN EXISTING HOUSE ON A HILLSIDE PLANNED RESIDENTIAL PROPERTY LOCATED AT 72375 UPPER WAY WEST (A.P.N. 628-130-027), Case No. PP/HDP 14-289 (Mary Connor Limont IRA Sunwest Trust, Applicant). Assistant Planner Kevin Swartz stated the five -acre parcel was developed and graded under the County of Riverside's jurisdiction. The parcel maintains an existing 1,847-square-foot residential home with an attached 490-square-foot garage. The parcel is located in the hillside north of Stone Eagle and south of Homme Adams Park. He displayed photos of the site 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 location and proposed casita. The Applicant is proposing a 674-square-foot casita and patio area, which will maintain an older classic homestead design. The design includes adobe style brick, traditional terracotta tile, and smooth stucco finishes blending into the hillside. The casita is a one story high with rooflines between 8 feet, 10 feet, to an overall height of 12 feet. The Applicant is also proposing to renovate the exterior of the existing single-family home, and part of the renovation includes adding 184 square feet. The existing home is outdated with flat rooflines, and the renovation will be consistent with the casita. The home is one story in height, and roofline is between 10 feet, 14 feet, to an overall height of 17 feet. He displayed prints of the elevations, various views from Upper Way West where the casita is proposed, and views from the City looking up to the site. On December 9, 2014, the Architectural Review Commission (ARC) approved the subject project as proposed with the Commission supporting the architecture and site location. On February 3, 2015, the Planning Commission recommended approval on a 5-0 vote with a Condition of Approval to remove the tall existing palm tree that is located behind the existing house, which the Applicant has already removed. As proposed, the Applicant is not requesting any exceptions to the hillside residential zone; however, staff did require the Applicant to provide a view study from distinct areas to illustrate any potential impacts from Highway 74 looking west. The studies were done from Bel Air Road, Homestead Road, and Skyward Road, which he displayed. Overall, staff believes the project site, design, architecture, color, and materials achieve the goal of blending development into the natural terrain. Staff recommended the Council waive further reading and adopt the Resolution. Councilman Tanner stated when he and the Applicant served on the Planning Commission, a lot of their concerns had to do with preserving the ridgelines. Mr. Swartz confirmed there was no disruption of any existing ridgelines. Councilman Jonathan questioned if the project met with the approval of ARC, Planning Commission, and there were no exceptions requested, he asked if it had to do with the project being in the hillside. Mr. Swartz answered yes, stating all development in the hillside went before the Council unless it's an existing pad, then it would need to go before ARC. Mayor Weber declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. Councilman Tanner asked if the casita was for residential or rental use. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 MS. CONNOR LIMONT, Applicant, indicated it was for residential. With no further public testimony being offered, Mayor Weber declared the public hearing closed. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015 - 13, adopting a Notice of Exemption from CEQA and approving a new 674-square-foot detached casita and exterior modifications to an existing house located on a Hillside Planned Residential Property at 72375 Upper Way West. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). B. CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, DEVELOPMENT AGREEMENT, SPECIFIC PLAN, GENERAL PLAN AMENDMENT, AND A CHANGE OF ZONE TO ESTABLISH LAND USE DESIGNATIONS, ATENTATIVE PARCEL MAP TO ESTABLISH NINE PARCELS WITHIN THE SPECIFIC PLAN AREA, AND A TENTATIVE TRACT MAP TO SUBDIVIDE 38+ ACRES INTO 166 SINGLE-FAMILY HOME LOTS, LOCATED ON 152 ACRES NORTH OF GERALD FORD DRIVE, SOUTH OF PACIFIC UNION RAILROAD, EAST OF PORTOLA AVENUE, AND WEST OF TECHNOLOGY DRIVE, Case Nos. DA/SP/GPA/C-Z/EA 14-332, TPM 36792, TTM 36793 (PD 80 T & S, LLC / Palm Desert University Gateway, LLC, Applicants). Associate Planner Eric Ceja stated this item is consideration of The Millennium Palm Desert Specific Plan, which has been a year -long effort in working with the Applicant to establish this Specific Plan in the northern portion of the City of Palm Desert. The Specific Plan is bounded by Portola Avenue to the west, Gerald Ford Drive to the south, Union Pacific Railroad to the north, and Technology Drive to the east. There is predominately vacant desert land consisting of blow sand and native vegetation, and surrounding uses include detached single family homes to the west and south, and a mix of commercial and hotel development to the east. He displayed the underlying zoning map for the subject parcels currently zoned with Planned Residential - 22 units per the acres (P.R.-22), and a Planned Community Development Overlay Zone. This Overlay Zone requires property owners with more than 100 acres to prepare a Specific Plan to set up the future development of the area, which is what is being presented. The Specific Plan proposes nine (9) separate planning areas, establishing a Multi -use Development that includes acres for single-family homes, multi- family apartments, commercial and hotel development, industrial business park, and a regional park for the City. The Specific Plan emphasizes reducing vehicle miles traveled and encourages pedestrian connectivity throughout the site, and it also sets up a policy document for the coordinated development within the planning areas and infrastructure improvements to 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 support them. Part of the proposal with The Specific Plan is a Development Agreement that outlines the build -out of the project, street and drainage improvements within the planning areas, and establishes 66 affordable housing units that would be provided by the developer. The Development Agreement includes a land exchange of two City parcels being approximately 34 acres, which were purchased in the mid 2000 for future development of affordable housing. The Applicant proposes swapping the City -own land for 37 acres elsewhere in the project site with the City. Because a park site was identified, the Plan was reviewed and approved by the Park & Recreation Commission, stating the park site was better served in the center of the site rather than adjacent to the future Portola Interchange. In addition, the Planning Commission reviewed all these applications and recommended that the City Council approve the proposed Specific Plan subject to holding off the land exchange until all parties are in good standing. The Specific Plan includes nine planning areas that have their own zoning designation, and 11.6 acres are dedicated to street improvements that include the extension of Dinah Shore Drive east of Portola Avenue to connect with Gerald Ford Drive at Pacific Avenue. Dinah Shore Drive will have some street narrowing and roundabouts to further reduce traffic speeds as one enters the residential and park areas. Technology Drive also terminates near the Department of Motor Vehicles (DMV) building, stating the street will be extended to reconnect with Gerald Ford Drive. The first area anticipated that could be developed is Planning Area 1, which is a single-family home site that encompasses 38 acres; it includes a range of lot sizes and unit types. Lot sizes' range from 7,200 square feet, 5,000 square feet, and 3,200 square feet for cluster type housing, stating there is a mix of product type in this one community. Homes in this area will be one- to two -stories with an emphasis for pedestrian connection to commercial uses both to the north and south west. There is also open space added into this community with two pocket parks and a trail system that connects to two commercial pieces. The proposed zoning for the single-family home site is P.R.-6 (Planned Residential - 6 units/acre). The Specific Plan has allowances to set development standards, and if approved, they will apply to Planning Area 1, stating the zoning standards are in line with the City Code with the exception of the Applicant proposing a 27-foot height maximum; the current height maximum is 24 feet. Staff is comfortable with allowing the additional three feet for height, because the grade is actually lower in this area than surrounding properties to the west and south, and it will allow the Applicant to play with the architecture and accent some of the features on the home. He said it also helps achieve a pedestrian scale that encourages walking, and if approved, the Applicant will only have to go through an Architectural Review application when it reviews site design for landscape, perimeter walls, and home designs for all the unit types. Planning Area 2 is on the corner of Portola Avenue and Gerald Ford Drive proposed to be C-1 (General Commercial) similar to Highway 111 zoning designation, and there 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 are no special development standards proposed for Planning Area 1. Planning Area 3 is approximately 21 acres in size, and is proposed to be zoned Planned Regional Commercial (PC3) with a Freeway Commercial Overlay Zone (FCOZ) that would allow for a drive-thru restaurant as well as a big box development. The only special development standard in the Specific Plan for this zone would be for hotel use up to four stories at 50 feet in height. Staff is comfortable with what is being proposed by the Applicant and recommends approval as existing hotel developments along Cook Street are at about 50 feet in height now, stating it would only apply to hotel development. Planning Area 4 is proposed to be Service Industrial (S.I.), and is expected to develop as a business park, stating the project is in close proximity to the University Campus. It is envisioned that this site could be developed to support the University. Planning Areas 5 & 6 are along Technology Drive, zoned Planned District Commercial (PC2), where staff would like to apply the Mix -Use Overlay Zone (MUOZ) as currently identified in the General Plan for these two properties. And for both these properties, the hotel standard would still apply for four stories at 50 feet in height. Planning Areas 7 & 8 are proposed for Multi -family Housing Development with a zoning designation for Planned Residential - 22 units to the acre. The Applicant is proposing development standards forthree-story buildings at 40 feet in height, which is an excess of the Zoning Ordinance, but here again staff is comfortable with the heights as the grade is lower in this location. Additionally, the University Park Planning Area (UPPA), which includes all land north of Frank Sinatra Drive in proximity to the University and identifies residential properties for this type of development and density at 22 units per the acres. Therefore, both sites comply with the UPPA. Planning Area 9 is the City's park site at 27 acres located in the middle of the project area. Special Project Considerations for this Specific Plan are as follows: a) Mid -Valley Bike Path that runs from Bob Hope Drive to Washington Street; approximately a mile of the path runs through the project site. The Applicant, as a Condition of Approval, can construct the path himself or pay the City an in lieu fee to construct it. Nonetheless, the Mid -Valley Bike Path will be built as part of this project; 2) Portola Avenue Interchange - there are currently environmental studies ongoing, and it's anticipated that during the lifetime of this project, the interchange will be built; 3) University Park Planning Area analyzed land use close to the University and identified residential densities that are in compliance with the Specific Plan. Also, parts of these applications are the General Plan Amendments and Change of Zones to establish land use designations that applied to all nine parcels and sets aside 63 acres for residential properties, 40 acres for Commercial, 27 acres for Parks, and 10 acres for Industrial Development. In review of The Specific Plan and supporting applications, staff was able to make findings that the Plan is consistent with the General Plan as well as the University Park Planning Area. The Specific Plan provides a range of housing types, densities, and affordabilities, stating it was a balance between housing and PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 commercial development within the 152 acres. Staff also determined that the project site is suitable for this type of development. The notable Conditions of Approval that staff is recommending is that there is a pedestrian connection between Planning Areas 1 & 2, the single-family home site; the Applicant to follow through with Precise Plan applications that require public hearings with the Planning Commission; ongoing maintenance at Dinah Shore Drive for a period of five -years for the Applicant; installation of a tree line along the northern boundary of the project site. Currently, Tamarisk trees block a lot of the view from Interstate 10, but in this particular mile stretch there are no trees. Therefore, staff is asking that trees go in sooner rather than later to allow time for them to grow before the residents start to move in. He said trees help filter some of the particulate matter coming off the freeway and railroad; and again, the in lieu fee for the Mid - Valley Bike Path. He said staff analyzed the proposal in accordance with the California Environmental Quality Act (CEQA), stating the initial study was prepared and special biological and cultural studies were also prepared, and staff is recommending approval of a Negative Declaration of Environmental Impact. There are some mitigation measures that include on -site monitoring and surveying for bird nesting during certain periods of the year, residential properties within 500 feet have special filters that help filter some particulate matter coming from the freeway, and that there is no engine idling and limitations on construction noise during construction. The Negative Declaration was routed to responsible agencies, stating the water district prepared a water supply assessment to determine there is enough water supply to support it. The South Coast Air Quality Management District (SCAQMD) also responded to the Environmental Report and asked that the City have stronger enforcement mitigation measures. Therefore, staff crafted a response to them saying it believed it already did. Pacific Railroad has asked that homeowners in the area are notified that they live adjacent to a train and should expect some level of noise and vibration. He said staff will work with the Applicant to disclose that information in the closing documents for potential homeowners in The Specific Plan. He concluded his presentation and offered to answer any questions. Councilman Jonathan said he understood staff to say that if the Development Agreement proceeds it would only go through Architectural Review Commission and not the Planning Commission. Mr. Ceja replied it only applied to Planning Area 1, because The Specific Plan will set all the development standards for setbacks and height limitations, and there is no need to go through another review with the Planning Commission, stating it will only need to analyze the site for landscaping and architecture. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Councilman Jonathan stated he believed no one wanted to create a situation where people will be unhappy about where they live, questioning if the adjacent railroad was a factor taken into consideration, and would it be mitigated in some way. Mr. Ceja responded that it would be difficult to mitigate the noise from the train, but homeowners will be made aware that they will be in close proximity to the train. Unlike other communities in Palm Desert, this one is about 500 feet away, and some residents will be at 400 feet, but there really is no way to mitigate noise from the train coming through. Councilman Jonathan said he would inquire with the Applicant, but there have been successful developments that are adjacent to airports by using sound proofing materials, windows, and seals, such as in Europe where they have airports in highly congested areas. Councilman Tanner stated that with respect to the land exchange, he asked if there has been any movement on the minority partner at this point. Mr. Ceja replied the Applicant is still working with one of their minor partners to clean up that situation. In fact, Council received a letter from a homeowner at Casa Blanca asking that the project not move forward, which is what staff is recommending today. He said if the Council approves the project, staff recommends language be included in the Development Agreement that will allow the City to hold off on the land exchange until all parties and the Applicant are in good standing. Mr. Wohlmuth added the City has asked the developers to provide a letter stating that the minor party is no longer a party to the Millennium Project. However, he's unaware of personally receiving the letter, but knew the City Attorney has been working with the project attorney. Mr. Erwin stated he has seen the letter, but he has not had an opportunity to study it, adding that the documentation will be provided to him by early tomorrow morning, and he would expect there will be a report on the matter prior to the next meeting. Councilman Jonathan pointed out the Development Agreement in Paragraph E under the Recitals Section states, "Concurrent with entering into this Agreement, City and Owner will enter into an Agreement For Exchange of Real Property ("Land Swap Agreement'). He questioned if the City can bifurcate them if the DA states it will be done current with the Land Swap Agreement. Mr. Erwin answered yes. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Mayor Weber declared the public hearing open and invited publictestimony FAVOR or OPPOSING this matter. MR. MARIO GONZALES, GHA Communities, PD 80, and Palm Desert University Gateway, LLC, Applicants, stated he is joined by his investor partner Ted Seldin and together they bring about 80 years of real estate, planning, development, construction, and management of residential multi -family, office, and commercial projects locally and abroad. He said he was committed to this development and welcomed the opportunity, adding they understood the level of responsibility. He said they have the passion, time, and resources to see this project through its fruition, and they will meet all requirements of this process. He said they are pleased and honored to bring forth Millennium Palm Desert, because this property was truly a key location and key development for the gateway of Palm Desert. Once the Portola Interchange is complete, this project with the Cook Street overpass will be two core direct feeders to the intercity limits and direct access to the east and west valleys. Over the past two decades, GHA and its partners have been responsible for developing ground up projects including, approximately 300 housing units in about 150,000 square feet of commercial development in the City of Palm Desert. They are elated to make this development a flagship property, stating it will be a real testimony of private and public collaboration. The effort, time, and consideration has been a very honorable experience, stating this development has given GHA and its team an opportunity to forward think the planning process and create a vision consistent with the goals of the City. They have an opportunity to integrate commercial, residential, and a mix -use lifestyle village within a regional park setting through the strict process and guidelines of The Specific Plan that will provide multi -generational opportunities and options. He hopes their materials and team will provide the Council with the confidence and properly present the overall vision of Millennium Palm Desert. He noted this process started one year ago in March 2014. In September 2014, there was a technical review with the City, in October 9, 2014, they officially submitted their application for the project, and on November 25, 2014, the Water Supply Assessment (WSA) was approved by Coachella Valley Water District (CVWD). On January 13, 2015, the Parks and Recreation Commission approved the Land Swap and location of the new park, and on February 17, 2015, the City's Planning Commission approved the project. He said all their efforts couldn't be possible, if not for the timing and commitment of City staff who have all demonstrated their commitment to work professionally in a fair and transparent manner throughout this process forming a sustainable alliance. Because of the City's great leaders, great management, and a team with attention to detail, is why the City of Palm Desert has been so successful. He thanked City Manager John Wohlmuth for all his time and efforts with this project, including Director of Community Development Lauri Aylaian, Director of Public Works Mark Greenwood, and their entire teams, 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 stating it's been a great experience. He said City staff are real pros' and the Council should be proud. He gave a special thanks to Mr. Ceja who has demonstrated a great deal of knowledge and pride in his work, stating he has been very professional, responsive, and truly understands the importance and the magnitude of this project. He also praised his development team Nicole Criste with Terra Nova Planning & Researching, Chris Bergh with MDS Planning Engineering & Surveying, Greg Olesen with Lewis Brisbois Bisgaard & Smith, stating he appreciated his efforts along with the City Attorney with this process. With respect to the Tentative Tract Map, they have developed a multi -generational single-family home village, and they are very excited to introduce a cutting edge of housing stock with fresh style and designs for all age groups from millennial, baby boomers, Generation X, and active adults. The team is extremely confident with the Millennium Development, stating they have reviewed all the required documents and conditions for this project, including the Development Agreement, which provides assurance for a complete road map with obligations and terms and conditions that all parties must live by, including The Specific Plan and it's guidelines. He reviewed the staff report and Conditions of Approval, and he only had one issue with regards to the Freeway Commercial Overlay Zone (FCOZ), stating, he would like for the Council to consider it on parcels 5 & 6, or at the very least an opportunity to create some drive -through restaurant opportunities. Other than this one issue, they have reviewed everything and humbly ask that the Council support staff's recommendation to approve the project. He offered to answer any questions and an opportunity to rebuttal. Councilmember Harnik asked Mr. Gonzales to elaborate on his request with respect to the FCOZ. MR. GONZALES stated he was asking for consideration of the Freeway Zone for Planning Areas 5 & 6, and if that was not acceptable, they would like an opportunity to be able to come back and introduce some type of drive through. With this process, they will go before ARC for Planning Area 1, but when they return with any one of the other parcels, they will propose through the Planning Commission consideration forthe Freeway Commercial Overlay Zone. Mr. Ceja explained that staff was not recommending that the Freeway Commercial Overlay Zone be applied to Parcels 5 & 6 or any other commercial property as part of this project, stating these parcels didn't have a freeway frontage and they are off the main road and freeway interchange. Mayor Weber stated she believed Parcel 6 was kiddy corner from Carl's Jr., and directly east there was another drive through; therefore, she thought Mr. Gonzales request was reasonable. WIA PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Mr. Ceja replied staff didn't feel comfortable allowing it because it currently has a Mix -Use Overlay that potentially could have housing there, and they would like to avoid conflictwith drive throughs in close proximityto residential development. However, in the future, the City is potentially studying allowing them in some areas. Councilman Jonathan agreed, stating the City was going through that process and it may or may not extend the Freeway Overlay Zone. However, if hypothetically the Freeway Overlay is expanded to where it includes Parcels 5 and/or 6, is there a mechanism for the Applicant to have an opportunity to get the Freeway Overlay Zone. In other words, approval today wouldn't preclude the Applicant from that opportunity in the future. Mr. Ceja replied in the future the Applicant can return and proposed a number of changes that will require further review by staff and the City Council. Further responding, he said Parcels 7 & 8 are designated multi -family apartments. Mr. Wohlmuth pointed out that Director of Housing Janet Moore has worked hard on Parcels 7 & 8, stating Parcel 7 is a private apartment complex with some level of affordability. Parcel 8 end up being the City's parcel as part of the Land Exchange, stating 10 acres of the 37 acres is for housing, which needs to be repaid to the City by the Housing Authority in the future, leaving 27 acres of park. The second employee that has worked hard on the park site is Senior Management Analyst Ryan Stendell who did preliminary designs and layouts of the soccer field to see that the property was wide enough, etc. MR. GONZALES concurred, stating Ryan was a pleasure to work with and looked forward to working with Janet as they build the multi -family units. Councilmember Harnik expressed interest in Parcels 5 & 6 and how it will be planned out, stating she would be open to seeing how that Freeway Overlay Zone would work together for that community. Councilman Tanner stated that in the interest of moving this item forward, he cautioned the Council from discussing the Freeway Overlay Zone at this point. He asked about the status of the minor partner. MR. GONZALES deferred to his attorney to respond to Councilman Tanner's question. MR. GREGORY OLESEN, Lewis Brisbois Bisgaard & Smith, LLP, La Quinta, replied that over the course of the last four to six weeks, their office has spent a great deal of time working both with the City Attorney and Mr. Tom PA] PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Tolkheim in trying to come to a resolution that will be acceptable to all parties, but there have been some challenges associated in achieving one. As recently as today, he spoke with Mr. Tolkheim personally, and it's his understanding that they are on the cusp of getting the matter resolved. Prior to the hearing this evening, he spoke with City Attorney Dave Erwin to explain exactly where they were in this process. As mentioned by Mr. Erwin earlier, by later this evening he will provide to both Mr. Erwin and Mr. Hargreaves documentation that has been provided by Mr. Tolkheim to address the very issue. He is hopeful and optimistic that as early as tomorrow they will have this issue resolved. Councilman Jonathan asked if there was a choice of continuing the matter or bifurcating the Development Agreement from the Land Swap Agreement, if there was a preference. MR. OLESEN replied their preferences was the latter, stating they supported staff's recommendation as presented to the Council fora numberof reasons. He said they are confident that two weeks from now, assuming they are successful this evening, they will return with a resolution and in a position where Councilmembers will be able to review and approve the changed agreement. Mr. Wohlmuth explained that if the Council approves Item 1, which is the Ordinance, it will require a second reading. Therefore, the Council can pass the Ordinance, and at the second reading on March 26, 2015, the City Attorney will have had ample time to get the documentation and proof that the minority partner has either solved the problem or is no longer a party to the Millennium Project. MR. GONZALES responding to Councilman Jonathan's questions regarding measures it may consider with building these homes, said it was no secret the railroad and freeway are adjacent to the project. They are encouraged to be able to bring on the Dinah Shore loop street as proposed, stating that street will have two right-of-ways at the center median where there will be landscaping, which will be a nice buffer. He said they worked with Public Works to include a couple of turnabouts, so that it wouldn't just be a side street. Additionally, they will be adding a tree line at the north boundary, but most important, in today's environment, they are building under the strictest guidelines with regards to windows, size of walls, insulation, and filters, etc. He said they understood the sensitivity of the location, and they will certainly provide any and all measures to mitigate that concern. Councilman Jonathan said he personally would hope that the Applicant continues to explore mitigation measures that might include a barrier wall, special window material, and even methods that deal with the shaking by 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 trains in particular and sometimes freeways with large trucks and cars. He wasn't asking the developer to reinvent the wheel, stating there is other developments that can help with this, yet he understood there is an expense and everything had to pencil out, adding he was just expressing his personal hope that it's kept at the forefront as it comes before the Council for final approval. He would not want Palm Desert residents to end up living in a place they didn't like, because it would be horrible in terms of the long-term impact on Palm Desert. MR. GONZALES pointed out their closest home would be about 525 feet to that location, and the multi -family homes are about 400 feet to the location. He said he clearly understood the concern and appreciated Council's comments, stating they will try to put their best foot forward in any home they build whether it was a $300,000 home up to a multimillion dollar home. He noted PA-1 will only go through the ARC. Councilman Jonathan said he knew that Councilmembers had the ability to call up matters from the Planning Commission, and asked if it was the same for ARC. Mr. Wohlmuth answered yes. MR. GONZALES said he would appreciate it if the Development Agreement could be bifurcated, stating it was a long process and it would be nice to get approval. He thanked the Council and offered to answer any other questions. Councilman Tanner noted he knew Mr. Gonzales personally and respected what he has accomplished for the City of Palm Desert as well as other communities in the Coachella Valley, but his only concern was with the land exchange. However, since the Applicant is comfortable moving forward with the terms and conditions as presented by staff, he is anxious to get the north sphere off the ground. Mr. Erwin suggested the Council consider holding off on the Resolutions, but going ahead in approving the two Ordinances to second reading, with the idea of acting on them at the next meeting. Councilman Tanner moved to: 1) Waive further reading and pass to second reading: a) Ordinance No. 1281, approving Development Agreement 14-332, The Millennium Palm Desert Specific Plan, and a Mitigated Negative Declaration of Environmental Impact; b) Ordinance No. 1282, approving Change of Zone 14-332; 2) By Minute Motion, continue the following to go along with second reading of Ordinance Nos. 1281 and 1282: a) Resolution No. 2015 - 14, approving General Plan Amendment No. 14- 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 332; b) Resolution No. 2015 - 15, approving Tentative Parcel Map 36792 and Tentative Tract Map 36793, subject to conditions. Motion was seconded by Jonathan. Councilman Jonathan commented this was a big project in many ways to the developer and his fine organization as a flagship project, stating he shared Councilman Tanner's appreciation of the Applicant's history with the City, which went a long way in a small town like Palm Desert. However, this project received a lot of exceptions such as height, story, density, lot size, etc., so he personally will be keeping an eye on what the City receives back in exchange. He said there was a potential for this project to be horrible, stating it could be the poor part of town, by the railroad track, no one wanting to live there, crime ridden and so forth. On the other hand, there is a potential for this project to be something really special, stating it can showcase that people, regardless of financial means, can live with dignity in a nice looking place where family needs are respected, and he is hoping the City ends up with the latter. With no further testimony offered, Mayor Weber declared the public hearing closed. Councilmember Harnik thanked Mr. Gonzales for his tenacity and hanging in there with staff, stating the project came out very much aligned with Envision Palm Desert with the village concept and mix -use for a sustainable community, and as the City goes forward with the General Plan Update, she knew this project can be made as good as it can be. Councilman Jonathan said it warmed his heart to hear the comments made about City staff and how they collaborated and worked with the Applicant, because not many cities can have an Applicant say they appreciated how staff facilitated the project rather than put up barriers. He was proud of staff for being perceived in that way. Mayor Weber called for the vote and the motion carried by a 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of February 16-27, 2015. Mr. Wohlmuth noted the printed report provided in the agenda packets and offered to answer questions. 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Councilman Jonathan expressed appreciation for staff including the financial summary in the report and noted that things are looking good. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session — Thursday, March 26, 2015, at 2:00 p.m. in the Administrative Conference Room Regarding the Entrada Pavilion and Alessandro Alley Projects. Ms. Klassen called attention to the scheduling of the Study Session prior to the next regular Council Meeting on March 26, and Councilmembers so noted. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meeting Summaries Reportforthe Period of February 15-28, 2015. Mayor Weber noted her printed report provided in the agenda packets. With City Council concurrence, the Mayor's Meeting Summaries were received and filed. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 2. City Council Requests for Action: a) Casablanca Owners Association Letter Dated March 12, 2015 — In response to Councilmember Harnik's request for a report in response to the letter received earlier this afternoon, as she felt it raised a very valid concern, Mr. Wohlmuth said the issue was related to the minority partner of the Applicant in Section XVII - Public Hearings, Item B, just considered earlier on this agenda. Mr. Wohlmuth went on to say that staff was trying to deal with the issue at Villa Portofino, putting on as much pressure as it could and agreed to keep the Council informed of the progress. b) Desert Willow Golf Resort - Resident Concerns — Mayor Weber reported that over a period of time she'd been meeting with several people in the golf community about issues they have at Desert Willow. Some of their issues have been resolved with reinstatement of the Champions Club, but other issues have come up; they've presented the City with a list that she's discussed with Mr. Wohlmuth. She asked for a Study Session in order for Councilmembers to be reeducated about Desert Willow, since composition of Council has changed from what it was when Desert Willow was constructed and opened. She believed a Study Session would provide the necessary venue for staff to explain the operation, answer questions, and then the Council as a whole can formulate its response to the golfers. Mr. Wohlmuth agreed that the Champions Club issue was resolved by reopening it, albeit with less members than were anticipated. The group also raised the issue of Kemper's Contract, which was currently mid-term with an end date of June 2017. Further, the group asked about modifying the Palm Desert Resident Card policy to be that of a Property Owner Card. He recounted history of Council action on the Resident Card Policy (not a Homeowner or Property Owner Card), which was set some 17 years ago. Secondly, the group wanted to be able to access the tee sheet more than 72 hours in advance, as that was the current Resident Card Policy. He went on to recall for City Council that the Average Daily Rate (ADR) is around $76, balanced between the higher -paying rate and that of the current $48 Resident Rate. Some non-residents pay well over both the $48 and $76 rates, while resident play amounts to about 25% of the overall total. He said the group wants more than the three-day Resident booking window, which he'd indicated was always a concern of the City Council because it has an impact on private country clubs throughout the Coachella Valley. He'd indicated to Mayor Weber that typically when Council holds a Study Session, it's for a particular purpose to provide education in advance of a matter that will soon appear on an agenda. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 Since Kemper's contract is slightly overtwo years from expiring, there is probably not a related decision now for the Council unless it wanted to change the Resident Card Policy to be that of Property Owner, or to change the policy for resident play. Given that information, if Council wanted a Study Session or Community Forum on these issues, staff could schedule. Mayor Weber pointed out that it was always her goal to hear people out, especially in cases such as this where the group of golfers has provided so much documentation and information to be considered either in a Study Session or Public Forum. Further discussion and deliberation between Council members and Mr. Wohlmuth continued for some period of time, regarding whether or not to schedule such an event, if it should be a Study Session or a Public Forum, and topics to be discussed be limited to only certain aspects (i.e., Resident Card Policy, increased scheduling time, play in general), with the current contract being off-limits until it was closer to the termination date. In response to request, Mayor Weber agreed to provide her colleagues with a copy of the questions that were submitted to her about this issue, noting that the primary issue raised was Kemper's contract but agreeing that since the City had already entered into and was committed to uphold, it was not really up for discussion at this time. However, she pointed out that Council could still hear residents' concerns about its execution, since she felt there were many valid points that have been raised (e.g. marketing), and emphasized her desire to hear out the concerns of these residents just as the City does with all of its other standing Committees and Commissions. She felt the Public Forum held yesterday regarding Neighborhood Utility Undergrounding was very successful and could be replicated for this purpose; then, if Council determined after hearing residents' concerns that action was warranted, it could hold a formal Study Session. Councilmembers continued to provide additional description of the issue and their desires for handling it. Staff explained the different ways in which Council can choose to schedule a venue for providing the City's perspective on any given topic and receive public input, versus a session that is designed to educate the Council on a pending vote topic, and the relation of each to the Brown Act. Staff additionally noted that it was pleased to carry out Council's requests as they are made but offered a reminder that the addition of special assignments can take time away from previously authorized assignments and alter their priority and progress. 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 With City Council concurrence, staff was directed to schedule a Public Forum regarding Desert Willow Golf Resort play and all its related issues in the nearfuture, within a time frame that is appropriate to both those inquiring and to the staff of the City and contractor Kemper Sports Management in orderto prepare forand hold the event, such as the last week of April or first week of May. c) Utility Undergrounding Ad Hoc Committee — Councilman Jonathan felt yesterday's Public Forum was very productive, and he thanked Management Analyst/PIO David Hermann for all his efforts in setting up and researching the matter in order for it to be successful. Because of that success, there was consensus to keep the process going, and he asked for his colleagues' concurrence to form an ad hoc committee as was discussed at the Forum. He'd obtained 8-10 names of those who were interested in pursuing the issue and proposed appointing 1 or 2 Councilmembers in order to follow-up on things discussed. Understanding that the biggest impediment to undergrounding utilities is the funding, the mission of the ad hoc committee would be to identify and evaluate alternatives, resulting in a future recommendation to Council. Other than the human resources that were invaluable here, he didn't see that there would be any financial or other resource required to do this. In answer to question about when the group would meet, he offered to work with Mr. Wohlmuth on formation of the ad hoc and the details, noting that it didn't have to be a particular rush; the paramount concern would be communicating with the interested residents, and he was happy to continue doing that. Further responding to question, he did want to keep the momentum going and felt it would be advantageous for Council to take action to appoint the two Councilmembers and 8-9 residents today. Additionally, he felt it would be adequate to say that the Committee would be filled by qualified residents from those who'd expressed interest. Councilman Tanner volunteered to serve on the ad hoc committee. Upon a motion by Jonathan, second by Tanner, and 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel), City Council authorized an addition to this agenda to form an Ad Hoc Utility Undergrounding Committee. Councilman Jonathan moved to, by Minute Motion, direct the City Manager to form an Ad Hoc Utility Undergrounding Committee with members of the public to be appointed based on qualifications, along with Councilmembers Jonathan and Tanner. Motion was seconded by Tanner and carried by 4-0 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSENT: Spiegel). 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 d) League of California Cities Mayors -Council Executive Forum — Councilmember Harnik reported that an invitation had just been received to the Executive Forum being held June 24-26. However, she noted that the Council's regular meeting is to be held June 25, and it's where the FY 2015-2016 Budget is to be adopted. She asked her colleagues and staff to look at their calendars to see if it was possible to reschedule the June 25 Meeting to June 18 so that anyone interested in attending the Forum would be available to do so. Mr. Wohlmuth said just prior to the meeting today he'd spoken with Mr. Gibson about this matter, and staff would be able to accommodate rescheduling the Council Meeting date from June 25 to June 18, including the full budget prepared for consideration on that date. In order to make a decision, he asked Councilmembers to provide their availability on June 18 to City Clerk's Office prior to the March 26 meeting. Additionally, he said it would be helpful to know how many Councilmembers planned to participate in the Mayors - Council Executive Forum. Following furthercomment by Councilmembers, staff was directed to place this item on the March 26, 2015, agenda for discussion and decision about potential rescheduling of the June 25 regular City Council Meeting to June 18, 2015. 3. City Council Consideration of Travel Requests and Reports: None 4. City Council Committee Reports: a) Southern California Association of Governments (SLAG) — Councilmember Harnik reported she'd attended the SCAG Meeting in Los Angeles last week. Topics of discussion were Sustainable Communities and the Regional Transportation Plan, which was very timely as it related to today's consideration of The Millennium Project in the North Sphere (Section XVII - Public Hearings, Item B). She said there would also be good information to incorporate in the City's ongoing General Plan Update Process. b) Cal State San Bernardino -Palm Desert - Strategic Plan — Councilmember Harnik noted she'd been working with CSUSB-PD on Strategic Planning. c) Monterey/1-10 On -ramp Ribbon -cutting — Councilmember Harnik thanked Mayor Weber for a great job presiding at the Ribbon -cutting, 31 PRELIMINARY MINUTES DRAF i REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 adding it was also great to participate in last week's celebration to open the new westbound on -ramp to 1-10. d) Virginia Waring International Piano Competition Gala — Councilmember Harnik represented the City at the Gala on March 1, and it was great. She said Ms. Peggy Cravens said absolutely wonderful things about Palm Desert, and she looked forward to everyone hearing those remarks — the City's role in the arts and being a mentor to other cities in this regard. In response to inquiry by Councilman Tanner, staff reported it was working to secure a copy of the video presentation made in the City of Palm Desert's honor and would share it with Council. e) Palm Desert Youth Sports Association Opening Day — Councilmember Harnik said she and all her colleagues participated in another tremendous Opening Day event on Saturday, February 28. f) Parks & Recreation Commission — Councilman Jonathan commented that he'd attended the Commission Meeting on March 3; there was nothing specific to report today. g) Highway 111 Corridor Meeting —Councilman Jonathan said he and his colleagues attended the meeting last week, with no reportable action. h) Riverside County State of Education Luncheon — Councilman Jonathan reported he'd attended the Luncheon presented by Superintendent Ken Young, and it was both very interesting and inspiring to see the good things happening. Particularly, he said it was great to see that several Palm Desert schools have excelled Statewide, including some individual students. 1) Housing Commission — Councilman Jonathan remarked that he attended the Housing Commission Meeting briefly yesterday afternoon prior to leaving for the Utility Undergrounding Public Forum that started at 4:00 p.m. He thanked Mayor Weber for attending the entire meeting. j) Benevolence Car Give-away — Councilman Jonathan thanked Mayor Weber for well -representing the City today at the event, which he also attended. 32 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 k) "Every 15 Minutes" - Palm Desert High School — Councilman Jonathan reported that he'd attended this year's program and was very moved by its message, noting that Councilmember Harnik was very familiar with it. With his colleagues' concurrence, he wanted to attend an upcoming Desert Sands Unified School District Board Meeting to express appreciation for their support of this effort, as he was certain that it saved lives every two years that it's put on. Councilmember Harnik added that when she was on the Palm Desert High School Foundation Board and worked very closely with them, it was the Police/Sheriff's Department that was the real driving force behind "Every 15 Minutes," and they did an amazing job. Councilman Jonathan agreed and acknowledged that it also represented 1,000 of hours of volunteer time and $20,000, which is the reason it's done every two years. He said there are many high schools throughout the Coachella Valley, and Palm Desert was very, very fortunate to benefit from these tremendous efforts. 1) Coachella Valley Wildflower Festival - March 7 — Councilman Jonathan said he was also pleased to be able to attend the Festival that was a wonderful event with a lot of potential. He noted that as was his concern when the City's $7,000 participation was approved a few weeks ago, Palm Desert wasn't really recognized anywhere. However, he knew staff was going to work closely with them, and he believed they were open to including Palm Desert's name and giving the City some sort of recognition, which was completely lacking this time. Nonetheless, it was a great event this year, well attended, very nature -oriented and wholesome, and he looked forward to working with the group in the future. 5. City Council Comments: a) Budget - Future Revenue Generation — Councilmember Harnik said in looking at the City's Public Safety Budget (Police and Fire), both of which will be increasing substantially next year — around 7%, it's something that will need to be looked at very seriously. She said it was the reason the City needed passage of Measure "G" in the 2014 General Municipal Election; it needed to be able to afford the public safety to which it had grown accustomed. She acknowledged that the City offers a higher level of public safety here, but it has established a philosophy that the community deserves this level of service; therefore, it also needed to work to maintain this level. She knew that the Measure will come up again and was desperately needed in order to continue to provide for the community. 33 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 2015 6. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Tanner and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 6.11 p.m. ATTEST: RACHELLE D. KLASSEN, SECRETARY CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 34