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HomeMy WebLinkAbout2015-10-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 8, 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 Mayor Pro Tem Robert A. Spiegel Councilman Van G. Tanner ... Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attomey 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 Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Susan Trevino, Chief, Palm Desert Police/Riverside Co. Sheriff's Department David Adams, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 627-071-013 (San Antonio Circle/Alessandro West) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: David & Agnes Holtz Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: 2 C. Public Employment pursuant to Govemment Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Weber adjoumed the meeting to Closed Session at 3:01 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. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Councilmember Jan C. Hamik VIII. ORAL COMMUNICATIONS - B MR. ANDREI DOROSHIN, representing Invisible Sea, Inc., Palm Springs, CA, referred to recent articles in The Desert Sun reporting that IID (Imperial Irrigation District) is threatening to pull out of the QSA (Quantification Settlement Agreement, otherwise known as water agreements from 2003) established to give water to the Coachella Valley. He said IID cannot pull out, noting they've tried previously and been ruled against in the courts, leaving the agreements in place. If IID tries to do 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 it again, they will be met directly with very bad consequences and immediate action; therefore, the Coachella Valley's water is safe. He stated that Invisible Sea is an organization focused on the immediate effects of the Salton Sea's air quality. Playa is exposed as the lake evaporates, allowing deadly particulates to go up into the air, which will result in approximately $70 billion of real estate, tourism, and property values being affected in the next decade. He said the problem has been dealt with improperly and with outrageous plans (cheapest being around $3 billion) focused primarily on animals and wildlife instead of humans. While he supported efforts for animals and wildlife, he cautioned that humans will be the first affected. He reiterated that Invisible Sea is solely focused on mitigating air quality damages from the Salton Sea, with their solution ready to be rolled out in the next 3-4 weeks and being cheap enough to be implemented within the next year. It also complements other plans, such as solar, geothermal, etc., and is very biodegradable. He hoped City Council would support their efforts going forward and promised to stay in touch on the issue. He provided hand-outs about the organization and its preliminary work to Councilmembers. MR. BRIAN TORSNEY, SR., Colebridge Street, Palm Desert, noted that he'd been a resident of Palm Desert for almost 20 years. Today he asked Council to schedule a vote on the CV/Link Project, given that there is more than substantial opposition to it, but no one wants to hear it. He referred to the City's core values of Accountability and Fiscal Responsibility, noting that anyone who's looked at the fiscal impact of CV/Link knows it will be extremely expensive to maintain and operate in the future. It will take money from sources that can only affect other City services, like police and fire. Further, it will affect Measure "A" money, which should be spent on maintenance of roads. He acknowledged that he didn't vote for Measure "A," because he was assured in his own mind that the money collected would just be frittered off to other programs that had nothing to do with transportation matters — and it was happening now. He offered that the last concept in the City's core values was Accessibility, so he wanted Council to give the voters access to saying how they feel about the project. Council can only win; if it has the vote and CV/Link is approved, they've got their point. If Council has the vote, and CV/Link loses, then it's done what it was supposed to do — consulted the electorate, listened, and then gone on to spend the money where it was meant to be spent. THE FOLLOWING INDIVIDUALS addressed Council about the Palm Desert Puppies Store located on San Pablo Avenue in the City, requesting that it enact an ordinance to ban the sale of dogs and cats at such a retail establishment. They believed that the stock of puppies being sold at the store were primarily from unlicensed breeders (a.k.a. puppy mills/backyard breeders), whose standards for health and soundness could not be verified or monitored, resulting in more and more unwanted or homeless pets that end up at the Coachella Valley Animal Campus at taxpayer expense — with 57% of dogs and 85% of cats relinquished there being killed. They proposed that Palm Desert join the ranks of the Cities of Los Angeles and Palm Springs with a new regulation that pet retailers be required to obtain only rescued puppies and pets from the Coachella Valley Animal Campus 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 or local rescue groups to help reduce the overpopulation of unwanted pets and ensure that they are healthy, spayed/neutered, and micro -chipped before being available for sale, which isn't the case with purchases from a puppy store. Each individual recounted relevant personal experiences or expertise to give credence to their request. The group provided City Councilmembers with a proposed Humane Business Model and a copy of the City of Burbank, Califomia's, ordinance to prohibit the sale of all dogs and cats by a retail pet store, reiterating their request that Palm Desert do the same. MS. LISA BLODGETT, La Quinta, CA. MS. TIFFANI LoBUE, La Quinta, CA. MS. JANET LITTON, Palm Desert, CA. MS. VALERIE MASI, Best Paw Forward Dog Training. MS. DEBORAH DOWICHUCK (sp?), Indio, CA. MR. JEREMY HUTMAN, Regional Director, California FIRST Property -Assessed Clean Energy (PACE) Financing Program, said his organization provides financing for measures that save energy and water for homes and businesses. He said theirs is similar to the HERO and Ygrene Programs already available in the City, with California FIRST being available in over300 communities in 37 counties throughout the State (representing approximately 70% of the population), and operating alongside both the HERO and Ygrene Programs in those areas. He called attention to the current trend of cities moving toward more PACE competition; when multiple PACE programs operate in a market, it helps raise general awareness of PACE financing and of a lot more resources in the local community. There are currently over 1,000 participating contractors with strong consumer protections, and there are also some agreements with commercial programs that bring additional contractors and resources to the community. He commented that Califomia FIRST recently entered into an agreement with Solar City, the largest solar company in the country, which has created a new division specifically for small and medium-sized businesses to use the Califomia FIRST Program. He said they were really glad to be offering their PACE Financing option to the community, which doesn't limit any resources already in place, providing another one here and more choice for property owners. He commended Palm Desert for being the statewide leader in PACE, having created the first program of this type; now cities are opting into 3-5 different PACE Programs to create a true competitive marketplace. Califomia FIRST looked forward to helping the City sustain its leadership with another PACE resource here. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 24, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 9/11/2015, 9/18/2015, and 9/22/2015. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 9/18/2015 and 9/25/2015 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CLAIM AGAINST THE CITY (#759) by Denise Stewart in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so �-•- notify Claimant. E. CLAIM AGAINST THE CITY (#760I by Interinsurance Exchange of the Automobile Club/Lonette Wesser in the Amount of $7,962.21. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify Claimant. F. CLAIM AGAINST THE CITY (#760A) by Lonette Wesser in the Amount of $1,257.44. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify Claimant. G. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of July 2015 and August 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of July 28, 2015. 2. Marketing Committee Meeting of June 16, 2015. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Denny's, 73833 Highway 111, Palm Desert. Rec: Receive and file. J. REQUEST FOR AUTHORIZATION to Reject All Bids for Contract No. C34440 — Civic Center Turf Reduction Phase I Project (Project No. 963-16). Rec: By Minute Motion: 1) Reject all bids received for the subject contract; 2) authorize City staff to re -bid the project. K. REQUEST FOR APPROVAL of an Amendment to the One-year Contract Extension with Glyn Donald Gray, d.b.a. GDG, for Operation of the El Paseo Courtesy Cart Service, Incorporating New Insurance Requirements and New Commencement Date to Include the 2015 Golf Cart Parade (Contract No. C33082). Rec: By Minute Motion, amend the subject contract with GDG, Palm Desert, Califomia, as follows: 1) Start date of October 25, 2015, to include the Golf Cart Parade; 2) include requirements for drivers' DMV records; 3) authorize the City Attomey to make non -substantive changes to and the Mayor to execute the Contract Extension — changes do not increase the contract amount and funds are available in the approved FY 2015-2016 Budget in Account No. 1104416-4368100 - Courtesy Carts. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 L. REQUEST FOR APPROVAL of Exemptions from Municipal Code Sections 9.58.010 and 9.58.020 - Public Consumption of Alcohol - in Connection with Receptions for Art Exhibitions to be Held in the Palm Desert Community Gallery Between November 2015 - February 2016. Rec: By Minute Motion, approve exemptions from Municipal Code Sections 9.58.010 and 9.58.020 - Public Consumption of Alcohol - in connection with the opening receptions for Art Exhibitions to be held in the Palm Desert Community Gallery between November 2015 and February 2016, tentatively: November 2 - Irene Ryan Maloney and Kim Uhlik; November 16 - Dennis Johnson and Robert Quintana; and February 1 - Paul Hamel and Randall Weidner. M. INFORMATIONAL REPORT Related to the Striping of Shepherd Lane Between Julie Lane and Frank Sinatra Drive. Rec: By Minute Motion, receive and file. Upon a motion by Spiegel, second by Hamik, and 5-0 vote of the City Council (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 B. For Adoption: 1. ORDINANCE NO. 1291 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CERTAIN AMENDMENTS TO CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE - SINGLE -USE CARRYOUT PLASTIC BAGS. Mayor Pro Tem Spiegel noted the Council already approved this item when the Ordinance was introduced. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1291. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Councilmember Hamik thanked Mr. Bagato for all the work done on the Ordinance. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO UNION TREE AND PALM SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $50,000 FOR THE FISCAL YEAR 2015-2016 TREE PRUNING AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C34690). Mr. Alvarez stated approval of this contract will help staff move forward with the annual tree pruning at Desert Willow Golf Resort. He said they are scheduled to prune 500 trees under the proposed contract. Mayor Pro Tem Spiegel noted staff went out to bid and the lowest bidder is a local contractor. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize: 1) Award of the subject contract to Union Tree and Palm Services, Inc., Cathedral City, Califomia, at the Desert Willow Golf Resort in an amount not to exceed $50,000; 2) authorize Mayor to execute the contract — funds are available in Course and Grounds Expenses Account No. 5204195-4803100. Motion was seconded by Hamik. Councilman Jonathan said staff was getting the cost down to what was budgetted by pruning 500 trees instead of 750. He asked if staff was worried about the other 250 trees. Mr. Alvarez replied 500 trees will be sufficient for the year, stating staff set the unit price at $100, adjusting the amount down. Further responding, he confirmed the trees that don't get pruned will be scheduled for next year; staff has a tracking system of when the trees are pruned. 8 Soave MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 Mayor Weber called for the vote and the motion carried on a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR APPROVAL OF FIVE ORDINANCES, UPDATING VARIOUS PALM DESERT MUNICIPAL CODE CHAPTERS AND SECTIONS. Associate Planner Eric Ceja stated the proposed Ordinances represented Municipal Code updates, yet the changes were not substantive in nature. The updates are intended to clean up language within the existing Municipal Code and to establish proper authority related to certain City imposed fees. Additionally, newer code sections were incorporated in the Zoning Ordinance that were omitted during the Study Ordinance Update in 2013. Councilmember Harnik called attention to Section 6 - Low Housing Fee on Page 5 of the proposed Ordinance, stating the entire section is in red, so she wasn't exactly sure where the changes were made. Mr. Ceja said it was all new language for the Ordinance. Mayor Weber questioned why staff was using the term "Low Income Housing," because it's supposed to be referred to as "Affordable Housing." Mr. Ceja said he used the term "Low Income," because the previous resolution that was passed regarding the fee referred to it as such, and he wasn't aware of the term being changed. Mayor Pro Tem Spiegel said he understood this was a housekeeping item that needed to be done, therefore, he would move to approve. Mayor Pro Tem Spiegel moved to waive further reading and pass to second reading: 1) Ordinance No. 1292, amending Sections 25.10.050 and 25.72.030, and adding Sections 25.60.070 and 25.99.020 - Zoning - to the Palm Desert Municipal Code; 2) Ordinance No. 1293, adding Section 25.60.150 - Certificate of Use and Occupancy - to the Palm Desert Municipal Code; 3) Ordinance No. 1294, clarifying references regarding Assessed Fees in the Palm Desert Municipal Code; 4) Ordinance No. 1295, amending Chapter 8.32 and Section 10.98.010 regarding Parking Prohibitions, Restrictions, and Exemptions in the Palm Desert Municipal Code; 5) Ordinance No. 1296, amending Sections 10.20.010, 10.20.020, 10.32.060, 10.48.120, 10.48.150, 10.50.030, 10.72.010, 25.46.040, and deleting Sections 10.12.030, 10.12.040, 10.40.010, 10.40.030, and 10.68.010 regarding Traffic Issues in the Palm Desert Municipal Code. Motion was seconded by Hamik. Councilman Jonathan said he needed clarification on three items. The first being the removal of the three year maximum on extending approvals for 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 precise plans. He asked if staff was simply removing it or suggesting that once a precise plan is approved, it was valid item per item. Mr. Ceja explained that a precise plan will still expire in two years, and the option to extend it for one-year periods up to three years total, was being eliminated. He said this was based on projects that still have merit that the City didn't want to see expire. Therefore, the City wants to eliminate the three-year ceiling. Councilman Jonathan understood then that the precise plan would still need to come back for an extension, but it wouldn't be limited to three. He questioned how often did one retum for an extension. Mr. Ceja replied annually after the initial two years. Councilman Jonathan following up on his second item said that on Page 3 of the staff report, Ordinance No. 1293 indicates the Code requires that a Certificate of Use be issued prior to a building permit issuance, which is what staff is proposing to implement. However, sometimes a developer doesn't know who is going to occupy the building, because he's building on specifications. Therefore, how can a Certificate of Use be issued prior to the issuance of a building permit. In other words, the building is ready to go, but it's vacant. Mr. Ceja replied the language is inserted for like a shell building, stating the building itself is ready for occupancy. Should a tenant come in the future, they will have to do a tenant improvement and obtain a Certificate of Occupancy for that as well. Councilman Jonathan reiterated that sometimes buildings are ready to go and ready to occupy, but there is no tenant, therefore, it's building- permit ready. He wants to make sure the language didn't prevent a building -permit - ready structure from getting permitted, just because there wasn't a tenant. Mr. Ceja agreed, stating it made sense. Councilman Jonathan final item had to do with the section Councilmember Hamik spoke to, stating he thought the City agreed not to impose a per -square -foot fee for affordable units. He thought the Council authorized the City Manager to negotiate the fee, but not demand it. Mr. Wohlmuth clarified this was an existing fee for commercial that charges for anticipated employees working in that commercial space for affordable housing in the City. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 Councilman Jonathan said he had forgotten to differentiate between the residential and commercial. Mayor Weber called for the vote and the motion carried by a 5-0 (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENT TO A DEVELOPMENT AGREEMENT, A PRECISE PLAN, A CHANGE OF ZONE, AND A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR EXPANSION OF THE LEGEND GARDENS SENIOR LIVING FACILITY, INCLUDING 15 NEW ASSISTED LIVING UNITS AND 12 NEW MEMORY CARE UNITS AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE, Case Nos. DA/PP/C-Z/EA 15-086 (Prospect Companies, Applicant). Associate Planner Eric Ceja stated this amendment is for the expansion of Legend Gardens, which is a senior living facility located at the south east comer of Catalina Way and San Carlos Avenue, directly across from the Joslyn Center. The existing facilities were improved in 1988 and contain 20 units for senior assisted living with common areas, dining, activity rooms, and a 17-stall parking lot. The Applicant purchased two adjoining residential parcels along San Pascual Avenue that are abutting the Legend Gardens site with the intent to demolish those homes and expand their facility. The new facility will include 15 new assisted living beds and 12 new memory care units, which will consist of four new buildings, meeting the setbacks along the rear on San Pascual Avenue. Due to the types of patients served, the memory care building is self-contained providing a separate entrance, a common dining area, and a secured patio. The new buildings will architecturally match and be compatible with the existing facility, including roof lines and roof tiles. As part of the project, the Applicant is proposing to rezone the existing single-family parcels from (R1) Single -Family Parcels to R2 (Single -Family Residential) with Senior Overlay. The change of zone is consistent with parcels fronting Catalina Way and executes portions of the Palma Village Specific Plan, which call for this type of zoning along Catalina Way and in proximity to the Joslyn Center. In addition, the Senior Overlay 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 allows for flexible design standards and requires that a percentage of the units be set aside for lower income seniors. The Applicant, in working with staff, is proposing a Development Agreement Amendment to account for the new beds at the site, expand the number of beds that will be set aside from four (4) units to ten (10), with one of those units to be set aside for memory care. Those units will be set aside based on Social Security Insurance (SSI) for qualified seniors. The Architectural Commission reviewed the plans and recommended approval of design and landscape as they match the existing buildings and improvements at the site. The Planning Commission reviewed the plans in August and recommended approval of the expansion, Change of Zone, and changes to the Development Agreement. Staff reviewed the proposed expansion against the Califomia Environmental Quality Act (CEQA) and determined it is exempt from further environmental review under In -fill Development. Therefore, staff recommended approval of the Resolution and Ordinance as presented. He thanked the Applicant for their cooperation and willingness to work with staff in determining the total number of beds to be set aside for income restricted seniors at this site. Mayor Pro Tem Spiegel asked about the number of low-income units. Mr. Ceja replied there will be 10 out of a total of 47. Councilman Jonathan noted the facility provides congregate care services, so there's a dining room and kitchen, requiring chefs and food servers. There are also various activities and an administration center, so there are obviously people involved in all of it, including cleaning and maintenance personnel. He asked about the number of employees currently working at the facility. MR. MARK HELLICKSON, Applicant, replied there are nine employees, two of which are part-time. Further responding, he said once the expansion is complete, he anticipated three more employees. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. LLANA HANNAH (sp?), San Pascual Avenue, Palm Desert, stated her house directly borders the facility, so she's worried for her safety with the construction going on, but she had no concems with the project itself. She said the current fence line between the two properties was rather rickety, so she was concemed for her pets and the upheaval the construction will cause to her living in the house, adding it has already been broken into once. Also, she hoped the added units will be contained, but she couldn't see how the parking was going to work. Her main concem was finding out when the fence will go up between the construction site and her home, how long will it take to build, and how secure will the fence be in the meantime. She 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 reiterated the fence was her main concem because of the dust that `" construction can cause. Mayor Weber responded staff will address her concerns, further stating that Palm Desert didn't do anything haphazardly. Mr. Ceja said the Applicant proposed in his Conditions of Approval to build a six-foot high block wall along the property line. If it's amenable to the Applicant and City Council, that condition can be amended to address the timing of the block wall going in prior to grading or construction of building. With no further public testimony being offered, Mayor Weber declared the public hearing closed. Councilman Jonathan said it was a great project at a great location, and it will be a good addition to the City. However, he had serious concems about the parking. He understood there were parking studies done, but with 16 years on the Planning Commission, he's seen parking studies come and go, because there are parking studies and then there is reality. He said the project was going from 20 units to 47 units, which was more than doubling with no added parking spaces. Additionally, there is going to be 12 employees and 17 parking spaces, leaving very few parking spaces available. The reality is that besides employees, there are a lot of vendors that come and go and use those parking spaces, leaving essentially none for the residents or their visitors. He believed the City was creating a problem, so he would like to see this reworked in such a way that either the adjacent property is acquired for parking or the plans are reworked with fewer units. If one follows the percentage of 85% of the units having parking, that would be closer to 40 spaces. He wasn't suggesting 40, but he believed there was a certain number that needed to be added to avoid a parking crisis. Therefore, he suggested the plan be reworked and the developer take another look at reconfiguring the plan where a certain number of parking spaces are added. Mayor Weber asked if staff wanted to comment on the parking issue, because she was sure it had been examined. Mr. Ceja said the Applicant provided a parking study, but staff did its own study by visiting the site on different days and times throughout the week, finding that the parking lot was not full with at least 12 spaces open at any given time. He pointed out that many of the residents themselves didn't drive and there is a transit line in close proximity for workers at the site. Additionally, staff placed a condition that vehicles of residents are only allowed if they have a valid driver's license and vehicles are registered by the resident. Staff believes parking is sufficient at the site, because of the types of residents and the fact that most of them are non -drivers. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 Councilman Jonathan commented he read the staff report, stating the discussion and debate needed to be amongst the Council. Mayor Weber said she wanted clarification for herself. Councilmember Hamik said she too wondered if there would be an increase in parking for the new planned units or if it was going to remain the same. However, she's gone quite often over to Atria, who has a similar situation with the assisted living, and the Joslyn Center, and seldom was the parking ever full; therefore, she will trust staff's study. She inquired about the number of times staff had gone to the site to take a look at the parking situation. Mr. Ceja said staff made reference in the staff report that it went to the site six separate times, but they have actually been over there more like 20 times, and there have been only four to five cars at any given time. He said the Applicant can clarify that they have a vehicle there as well to drive patients to their appointments, which also reduces the need for vehicle parking. Councilman Tanner asked if there were any altemative plans or discussions to add parking spaces so that the end result was more than adequate instead of less than adequate. Mr. Ceja responded not for additional parking spaces at the site itself. They did discuss the elimination of driveways, where there is one single driveway along Catalina, where it frees up on -street parking in the event there is a need for overflow on special days and holidays. Ms. Aylaian agreed with Councilman Jonathan's initial responses, in that when the recommendation came through without additional parking, she too was taken aback and looked into it further. What it brought to mind, was that about 18 months ago staff looked at its parking standards across the City for many different types of uses, one of which was for assisted living facilities. Staff went out and looked at all the assisted living and senior housing facilities to see how the parking was used. She personally went out a number of times, as she was trying to put together some information, and as a whole, she believed the City's previous parking standards for these types of facilities were way over parked. Consistently, the facilities were parked at 30% of their capacity. However, there is one facility in town that is an exception, Manor Care on Country Club Drive, where there is a problem. For the rest of them, including this facility, they was consistently at least another 50% of spaces available at various different times of the day. The said the fact that capacity has doubled with no additional parking spaces, should not be indicative or necessarily signal there is a problem. She said the problem 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 was with the old standards when the City was requiring more than what is "'-' actually used for these types of facilities. 11111.+0 Mayor Pro Tem Spiegel said he personally thought it was a great addition to the City and it couldn't be at a better location, which was across from the Joslyn Center. Mr. Wohlmuth said this was the appropriate time to modify the condition on the block wall as part of the motion. Mayor Pro Tem Spiegel moved to, waive further reading and: 1) Pass Ordinance No. 1297 to second reading, approving Development Agreement Amendment 15-086, for amendments to Development Agreement 97-1, and Change of Zone 15-086 to apply the Residential Single -Family (R-2) and Senior Overlay (S.O.) Districts to two properties along San Pascual Avenue; 2) adopt Resolution No. 2015 - 85, approving Precise Plan 15-086 and a Notice of Exemption for expansion of the Legend Gardens Senior Living Facility, as amended in Condition No. 8 to reflect that Applicant shall install a six (61-foot high block wall along the southem property line of the expanded facility prior to issuance of the demolition permit on the existing single-familv homes. Motion was seconded Hamik and carried by a 4-1 vote (AYES: Hamik, Spiegel, Tanner, and Weber; NOES: Jonathan). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meeting Summaries for the Period of September 14-25, 2015. Mr. Wohlmuth noted his Meeting Summaries Report contained in the agenda packets and offered to answer questions. Upon inquiry, he answered that Joe Funkey was planning to open at least one (possibly two) barbecue restaurant in the City and was currently negotiating on purchase of a property bordering on Alessandro. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 2. SprinaHill Suites by Marriott (former Fairfield Inn on Hiahwav 111) Mr. Wohlmuth asked Director of Building & Safety Russell Grance to come forward to provide an update on the status of the former Fairfield Inn along Highway 111, which was involved in a fire last April. Mr. Grance said that plans were finally approved by the City's consultant on September 4, and now it was awaiting approval from the County Health Department, which was holding up issuance of the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 building permit. However, he said the demolition permit was issued, so that work should commence soon. Responding to question about how soon vertical construction would commence following demolition, he hoped that it would be one right after the other. Councilmembers received the information and were pleased to do so in order to be able to respond to numerous questions in the community. 3. City Staffing Mr. Wohlmuth noted that he'd provided City Councilmembers with a memo alerting them to the fact that Director of Community Development Lauri Aylaian had submitted her resignation to him earlier this week, which he sadly accepted, and she would be taking a similar position with the City of Palm Springs. He'd been focusing on a recruitment for the Director of Finance, with Mr. Gibson set to retire in April 2016, and now he's recruiting for two Department Heads — one more quickly than the other. Councilmembers thanked her for her years of service and wished Ms. Aylaian all the best as she moves on to her new position. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Council Requests for Action/Committee Reports/Comments: a) Councilman Jonathan Reports — 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 I) CVAG Executive Committee Meeting — attended September 28 as an observer and offered words of appreciation to Councilmember Hamik for representing the City there. ii) Palm Desert High School Campus Tour — attended at the invitation of Principal Bob Hicks; it was amazing and made him look forward to the upcoming T.R.E.C. (Trustees Reaching Every Community) Tour where Councilmembers will again get to see PDHS close-up. iii) League of Califomia Cities Annual Conference — attended in San Jose, September 30 - October 2, along with Councilmembers Harnik, Tanner, and Mayor Weber, which was very productive. iv) 2nd Annual Y-Be-Fit Palm Desert Challenge — participated with his colleagues and many City staffers on Sunday, October 4. Data received at yesterday's post -event analysis meeting reflected over 1,000 participants. Last year 700 people participated, which exceeded the goal of 500 in their first year. This event is amazingly successful, and Council will get a further report, but the one thing that can't be reported on or measured was the incredible energy that is created and exists that day — wide range of people all coming together to celebrate fitness, health, and the beauty of the City of Palm Desert. Later during Council comments, Councilman Jonathan heartily congratulated City Senior Management Analyst Ryan Stendell for all his efforts that made this event so successful. v) General Plan Update - had a phone conversation with Matt Burris of Raimi + Associates, and glad to see it moving forward. Met with staff regarding future direction of the retail and commercial space, especially the City core. Learned a lot and excited to see the direction. vi) Potential Facade Enhancement Projects — met with staff about future projects. vii) Ad Hoc Utility Undergrounding Committee — attended fifth meeting of the group this week, moving forward and hoping to come before Council with a recommendation in the next several months. Councilman Tanner sits on the Committee as well, and his input and wisdom are very much appreciated. viii) Ethics In Public Service Course — attended yesterday here in the Council Chamber. "" ix) Housing Commission — attended yesterday's meeting. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 x) Certified Farmers Market — attended ribbon -cutting of the new Market, which is going to evening hours every Wednesday, 4:00 p.m. - 8:00 p.m. In January they will begin offering beer sampling from local breweries. xi) Mini -Muster at Ronald Reagan Elementary School — attended this morning, wonderful to see how many groups come together for this important program — Historical Society, Desert Sands School District, Rotary, Riverside County Fire, etc. — to teach kids how to be safe in the event of a fire. It saves lives, and the kids really have a ball. xii) Request for Action — at upcoming Council Team-Building/Goal- Setting Study Session would like to talk about the dynamic with staff when Council goes into deliberation prior to taking action. He felt there was sometimes an unequal balance in this process; and while he didn't have an issue with staff being available to answer questions at that point if asked, he didn't think staff should be part of the discussion/debate on any matter and would like to discuss it at the retreat. Councilmembers and Mr. Wohlmuth agreed that his request should be shared with Dr. Mathis for the upcoming session on October 30. b) Councilmember Hamik Reports — I) At September 24 Meeting, she talked about The Living Desert and there never being any intention to have sharks at the park. She said Desert Sun Reporter Sherry Barkas came to her at the conclusion of the meeting and very professionally and civilly wondered how she could make that remark. She didn't know what she was talking about then, but after further research found she had been wrong. In about 20 years, there will be small species of sharks that are consistent with the desert ecosystem and Sea of Cortez on hand at The Living Desert. She wanted to make sure to report that the City's Desert Sun Reporter was absolutely accurate and thanked her for politely calling it to her attention. ii) Y-Be-Fit Palm Desert was an amazing event with perfect weather on Sunday, October 4. iii) Relay For Life Palm Desert was also perfect on Saturday, October 3. She commended City Senior Office Assistant Janine Judy for chairing the event and doing a terrific job. She related that the American Cancer Society has been raising money for the cure for over 100 years. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 iv) Riverside County Transportation Commission — attended the Budget Implementation Committee Meeting where funds were approved for a grade separation in the vicinity of Avenue 60. v) CVAG Executive Committee Meeting — referred to Councilman Jonathan's comments above, in that she participated in the three-hour and 45-minute long meeting on September 28 that was very emotionally charged. c) Councilman Tanner Reports — I) Habitat For Humanity Homes on San Benito — reported that the project was progressing very well, and he anticipated that they'd be ready for occupancy very soon. He said the relationship between the City and Habitat was tremendous, and he was very proud each and every time he passed the site. ii) Mini -Muster at Ronald Reagan Elementary School — said he was there very early this moming and may have missed Councilman Jonathan there but wanted to report for the first time at this event seeing the Riverside County Fire Department's Helicopter land in the middle of the field at Freedom Park. He believed it was the first time in the 23-year history of Mini -Muster that the helicopter came down, and the kids were ecstatic — it was unbelievable. He added that he attended Mini -Muster at one of the other elementary schools earlier in the week and got absolutely drenched — and it was great too. iii) Y-Be-Fit Palm Desert — recognized the City team for the excellent effort given on Sunday. He said the challenge goes out now for Ryan Stendell and Kevin Swartz to finish the contest next year in less than an hour. He also challenged that if he could participate at 64 years of age, Eric Ceja should too. iv) Groundbreaking Ceremony at Golf Center Village in Indio — attended at the suggestion of Tom Freeman and Chandi. He encouraged his colleagues and staff to get this developer into the City of Palm Desert even more, noting that he is involved with one of the restaurants going in downtown. He added that when Chandi's new venture opens in Indio in the next six months, he will be the single largest local employer there, larger than JFK Hospital. v) Soccer Park Update — Councilman Tanner reported he'd been at the Park the last two Saturday mornings, and the fields look great. He offered a big shout -out to the City's Landscape and Maintenance Crews for their excellent work there. People know he's involved with 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2015 the City and come up to thank him for the condition of the whole facility — it's all great. vi) Pickleball — when he was at Freedom Park at 8:00 a.m. today, walked over to see the Pickleball players, and they are thrilled with their courts. Last year when the Mini -Muster was being held in Freedom Park, the Pickleball courts weren't there yet; somebody came to him to ask where they should park, as the Pickleballers and now softball players were also using Freedom Park for practice. vii) League of Califomia Cities Conference was great. viii) Living Desert back to normal operating hours of 9:30 a.m. - 4:30 p.m. daily. There have been a lot of changes and will continue to be. Coming mid -November will be the Butterfly Exhibit that will include both domestic and several foreign species all the way through from the larval stage on. d) Mavor Pro Tem Spiegel Comments — Denny's Restaurant coming in to the former Elephant Bar location in the City, and that's a good thing. e) Mavor Weber Comments — Thanked Mayor Pro Tem Spiegel for filling in on document - signing duties and the like while she took her first vacation in some time. 2. Council Consideration of Travel Reauests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting at 5:12 p.m. ATTEST: y..— a'- H LLE D. KL7.SSE1 ', CITY CLERK CITY OF PALM DESERT, CALIFORNIA, SUSAN MARIE WEBER, MAYOR 20